(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.