1 week ago
6
MANILA, Philippines — Sobrepeña-led CJH Development Corp. (CJHDevCo) is urging the Bases Conversion and Development Authority (BCDA) to honor the rights of its sub-lessees at Camp John Hay until 2046, following the government’s recent takeover of the property.
“We just want their rights respected. Respect their rights. These are people who invested in the PPP (public-private partnership) project in the ‘90s,” CJHDevCo chairman and CEO Robert John Sobrepeña told reporters.
He said the company met with unit owners last week to explain the situation following the BCDA’s takeover of Camp John Hay in Baguio City.
Around 90 homeowners attended the meeting on-site, while 35 participated online.
“Our message to them was, you are all still the owners of those units. They may have forcibly and illegally taken over possession, but you are still the owners,” Sobrepeña said.
Following the BCDA’s takeover in January this year of the 247-hectare property leased to CJHDevCo, more than 60 private unit owners and investors of The Forest Lodge, The Manor, Forest Estates, Country Homes, Golf Estates and Forest Cabins at Camp John Hay appealed to the government, in a letter to President Marcos, to be allowed to remain in their units and engage in a dialogue with BCDA to find a common ground that will benefit all parties even as their properties were sealed and they were issued notices to vacate.
These private unit owners and investors – part of the Camp John Hay Private Owners for Justice – are those who purchased the properties sold by Fil-Estate Management Inc., CJHDevCo or by third parties who had earlier purchased properties from them.
“They just got padlocked. Nobody’s explaining anything to them. So we took it upon ourselves to explain it to them,” Sobrepeña said.
He said there was no due process for these private unit owners and investors who were not a party to the case between BCDA and CJHDevCo.
According to CJHDevCo, there are 417 condotel owners, 159 estate lot owners and 2,500 golf club members affected by the BCDA’s takeover at Camp John Hay.
Affected investors include Korean retirees who were invited to invest in the country.
Last January, the BCDA formally took over the area leased to CJHDevCo after the Baguio Regional Trial Court upheld a Supreme Court (SC) ruling in October last year, which denied with finality the motions for reconsideration filed by CJHDevCo and its third party respondents to prevent the recovery of the property.
The SC also upheld the 2015 arbitral ruling that required CJHDevCo to return the property and all improvements to BCDA, while the BCDA was directed to refund CJHDevCo rent that was paid amounting to P1.42 billion.
CJHDevCo filed a complaint against the BCDA in arbitration with the Philippine Dispute Resolution Center Inc. over disputes on the parties’ respective obligations under the lease agreement entered into in 1996.
Sobrepeña also said that while CJHDevCo has turned over the project, the firm has yet to be paid the P1.4 billion that should be returned by the BCDA.
“They have not paid us the P1.4 billion and now they’re foreclosing all that,” he said.
Sobrepeña also reiterated that the BCDA is aware of the 50-year lease terms in Camp John Hay.
According to CJHDevCo, BCDA accepted rental payments from the firm in the form of 30 golf shares, 16 The Manor units, 10 The Forest Lodge units and five Log Homes with dacion values all computed under 50-year leasehold terms.
In addition, the Limited Warranty Deeds issued to BCDA for The Manor and Forest Lodge Hotels contained 50-year leasehold term annotations.
Sobrepeña also said that under the original lease agreement, CJHDevCo has the sole option to renew up to 50 years without the need for BCDA’s consent.
“From inception, they were announcing a 50-year program and a 50-year development plan. So just respect it,” he said.
“What you do with the project, it’s up to you. But don’t trample on everybody’s rights,” he said further.
He said CJHDevCo is willing to pay for the legal fees and to help all unit owners regain their rights.
Sought for comment, the BCDA reiterated that the SC decision in October last year affirms the 2015 arbitral award and reinstates the writ of execution and notice ordering CJHDevCo and all persons claiming rights under them to vacate the subject leased premises within Camp John Hay.
It also said it is closely coordinating with all stakeholders to ensure a smooth transition.
