Written by Benjamin B. Pulta
Thursday, 21 June 2012 00:00 [ tribune.net.ph ]
A libel suit for P100
million in damages has been filed by the developer of Camp John Hay before the
Baguio City Prosecutor’s Office against officials of the Bases Conversion
Development Authority (BCDA), in connection with an advertisement placed by the
latter.
In his complaint,
Manuel Ubarra Jr., vice president for litigation of the Camp John Hay
Development Corporation
(CJHDevCo), accused the
Board of Directors of BCDA, namely, Arnel Paciano Casanova, president and chief
executive officer of BCDA, Felicito Payumo, Zorayda Amelia Alonzo, Teresita
Desierto, Ma. Aurora Geotina Garia, Ferdinand Golez, Elmar Gomez and Maximo
Sangil of committing the crime of libel when it maligned the reputation of
CJHDevCo when it caused the publication of a libelous advertisement.
Former Solicitor
General Francisco Chavez, who served as counsel and accompanied Ubarra in
filing the complaint, explained the decision to charge the BCDA officials.
“We draw the line for
the oppression inflicted on CHJDevCo. This is a day of reckoning. We are
seeking redress for their acts which cause dishonor, discredits and cause
infamy to the officers of CHJDevCo. That is why we are filing this,” Chavez
said.
“We have shown the many
instances when we have clearly maligned.” he added.
The CJHDevCo accused
the directors of “deliberately, maliciously, knowingly and publicly imputed
against CJHDevCo and its corporate officers, in a two-page advertisement,
crimes, acts and omissions, and which malicious and public imputation has
caused dishonor, discredit and contempt upon the reputation of CJHDevCo and its
corporate officers.”
“Clearly, the honor and
reputation of CJHDevCo and its officers have been deliberately, wantonly and fraudulently
tarnished by BCDA’s malicious advertisement, done through its Board of
Directors,” the complainant stressed.
While CJHDevCo, through
its concerned officers, has appropriately addressed the charges leveled against
them by BCDA officials,” the damage and injury sustained, and continues to be
sustained, by CJHDevCo as a result thereof are material and immeasurable,” the
complaint stated.
“As it is, as a direct
result of the malicious and defamatory publication herein complained of,
complainant CHJDevCo suffered damage and injury to its goodwill and reputation
which damage and injury, if quantified in terms of money, would amount to no
less than Pesos: One Hundred Million (P100,000,000), Philippine currency,” it
said.
Last week, a complaint
for perjury had been filed by CJHDevCo before the Manila Prosecutor’s Office
against Casanova for misrepresenting facts in connection with a pending estafa
complaint before prosecutors.
A portion of the ad
said: “The government, through the Bases Conversion and Development Authority
(BCDA), wishes to inform unit owners of the Manor Hotel, Suites Hotel, Log
Homes, Cottages and other properties in Camp John Hay, Baguio City, that: BCDA
filed a criminal case for estafa (swindling) against Robert John Sobrepena
(sic) and other officers of the Camp John Hay Development Corp. (CJHDevCo) for
the double sale of a log home in Camp John Hay.”
The first sale of the
log home, initially bought by a certain Wilson Sy, was subsequently rescinded
by Sy and is the basis of the perjury complaint filed against Casanova whom
CJHDevCo’s officers said could not have not known that there was no double sale
when he initiated the complaint against CJHDevCo.
The libelous ad also
said the “property was given by CJHDevCo as payment-in-kind to BCDA as part of
the settlement of its debt which now totals P2.9 billion. CJHDevCo deliberately
and fraudulently withheld from BCDA the fact that it had previously sold the
property to another party.
“The Housing and Land
Use Regulatory Board (HLURB) issued a notice of violation to CJHDevCo after it
discovered that the lessee has been selling and advertising CJH Suites without
securing the required permits,” BCDA claimed in the slanderous ad.
Ubarra said the BCDA,
through its Board of Directors, caused the publication of articles calculated
to induce in the minds of the reading public a belief that CJHDevCo and its
officers engage in fraudulent business practices.
The reports quoted
Casanova as claiming “CJHDevCo has violated several laws while operating in the
JHSEZ, including the non-filing of audited financial statement with the SEC
since 2002.”
Last week, Ubarra also
filed a complaint for perjury against the BCDA president and COO before the
Office of the City Prosecutor in Manila.
Ubarra charged Casanova
with allegedly committing the crime of perjury, which is punishable under Article
183 of the Revised Penal Code when the BCDA official wrongly accused CJHDevCo
officials of using false pretenses to deceive and induced the agency to enter
into a “dacion en pago” agreement on May 27, 2011, in order to settle its
outstanding obligation with BCDA.
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