(The Philippine Star) | Updated July 10, 2015
- 12:00am
MANILA, Philippines
- The Bases Conversion and Development Authority (BCDA) said Sobrepeña-led CJH
Development Corp. (CJHDevCo) has misled its sub-lessees into believing they
need not vacate Camp John Hay until the state-owned agency makes payments worth
P1.42 billion.
BCDA said it
has found that CJHDevCo EVP and COO Alfredo R. Yñiguez III informed the
sub-lessees that the notice to vacate issued by the Baguio Regional Trial Court
Branch 6 is directed only to CJHDevCo and its employees, security personnel and
subsidiaries and is not directed to those “who acquired rights in good faith
such as the CJH golf club members, Manor & Forest Lodge condotel unit
owners, Forest Cabin unit owners, Country Home owners, Log Home owners, lot
owners, residents, locators and investors.”
BCDA said
Yñiguez’s statement runs opposite to the RTC’s declaration that the final award
issued by the Philippine Dispute Resolution Center Inc. directed the return of
all the structures and improvements to BCDA without exemption.
“Mr. Yñiguez signed a letter giving
sub-lessees the impression that they were excluded from the Final Award despite
his knowledge to the contrary. That is
why we cautioned him from making any statement that may be perceived as reckless
or untruthful,” BCDA head for legal services Peter Paul Andrew Flores said.
He said the
Baguio RTC stressed that the rights of the sub-lessees shall be governed by the
laws on contract.
“This means that the obligor (CJHDevCo) is
liable to the obligee (sub-lessees) for damages that may be suffered by the
obligee from the non-performance of the obligor,” he said.
The final
award of the Arbitral Tribunal ordered CJH DevCo to vacate the leased premises
and promptly deliver the leased property, inclusive of all new constructions
and permanent improvements introduced during the term of the lease as reckoned
from the execution of the original lease agreement to BCDA in good and
tenantable condition in all respects, reasonable wear and tear excepted.
The final
award also ordered BCDA to return to CJHDevCo the total amount of rentals the
claimant has paid in the total amount of P1.42 billion.
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