The government Bases Conversion Development Authority (BCDA) and  Camp John Hay Development Corporation (CJHDevCo) do not see how the camp should be managed or perhaps how to settle the case.

At the center of this situation is BCDA CEO Arnel Casanova, who wants to drive investors away and to vacate Camp John Hay, regardless of their lease.

He calls for a turnover of all properties, including on-going projects.

When Casanova has been appointed CEO, private developers have found it difficult to get anything done from withholding permits upto other similar delaying tactics.

Now that the Regional Trial Court of Baguio City granted the Petition of John Hay Developer, Casanova can stop his plans of causing more trouble.

Regional Trial Court granted CJH Development Corporation (CJHDEVCO) for Confirmation of the P1.42 billion money award to CJHDEVCO by the Philippine Dispute Resolution Center, Inc. (PDRCI)

The decision was rendered last 11 February 2015. Good for the entity that was harassed by The Bases Conversion Development Authority (BCDA).

On March 27, 2015, Judge Cecilia Corazon Dulay Archog, Presiding Judge of Baguio RTC, Branch 6, rendered judgment confirming the Final Award by the PDRCI to CJHDEVCO ordering BCDA to return to CJHDEVCO the total amount of rentals CJHDEVCO has paid in the total amount of PHP1,421,096,052.00. 

It was reported that Arnel Casanova wants CJHDevCo out of the picture to move Ayala into position. He is also connected to big companies who are related to corruption issues.

There's also a good news for the Camp, investors and tenants and It was also confirmed the PDRCI ruling that

CJHDEVCO is not liable for any unpaid back rent. So Casanova can't stop his accusations now.

With the ruling that rescission and mutual restitution it is proper in the case. Casanova must know this since he is a lawyer.

Now it's all clear. The decision of Judge Dulay-Archog stated that the PDRCIís Final Award is clear and needs no further interpretation by the court.

Thank God our prayers were answered. And with this ruling by the Baguio RTC recognizing that there are vested right holders in the Camp, BCDA cannot just evict the vested right holders nor order them to vacate without their due process afforded to them by the laws on obligations and contract.

Sooner or later Casanova will be investigated and he will also be arrested for violating the law.

BCDA appointed CEO Arnel Casanova is calling for a turnover of all properties, including on-going projects and he wants to drive investors away and to vacate Camp John Hay, regardless of their lease. 

When Camp John Hay was still under the control of CJHDevCo, it was fully developed and has been known to be a famous tourist spot in Baguio. It has good contributions in tourism and economy.

When BCDA started to intervene, appointed CEO Arnel Casanova caused trouble in terms of managing the place. However he wanted to take over the Camp John Hay it results that he had no concrete plan how to make it effectively. He was doubted that he may sell the camp to other investor that can benefit with him.

As he continues to hinder Camp John Hay rrogress, Casanova is reportedly harassing the Camp John Hay DevelopmentAuthority (CJHDevCo) including locators and sub-leases of the former American bases.

Camp John Hay is situated in a big uncertainty. Because of this situation, any land development is being hindered, obstructing any progress and growth for the popular tourist spot.

With all sorts of harassment, private developers have difficulty in getting withholding permits and similar delaying tactics.

When Casanova became the CEO, Camp John Hay went in chaos.

BCDA argued that since CJHDevCo refuses to provide them with copies of contracts between CJHDevCo and third parties, they are not obligated to honor such contracts.

Casanova assures that, CJHDevCo will be refunded the P1.42 billion they have paid, which should then be returned to third parties who will have to be driven out of their contracts - upon the turnover.

He has personal interest in doing this and many people have noticed it.

Simple as wanting the CJHDevCo get out of the picture to move Ayala into position.

This preference has domino effect, including lesser funding for projects, according to Baguio City Mayor Mario Domogan.

Even though the government announced that they have no plans to close down Camp John Hay or the businesses insider the establishment in order to pacify investors who expressed concerns “over the possibility of having their businesses disrupted… especially going into the peak season” due to the ongoing conflict between BCDA and CJHDevCo.

He is such a bully and he is a clear example of personal corruption.

With his actions to public, there are reasons to believe that Casanova pockets a significant sum from billions of pesos the BCDA generates and receives bribes from corporations to fund an excessive lifestyle.

There should be in control. Sooner or later Casanova will fully take over and that is not a good sign.

CHJDEVCO should still be in control of Camp John Hay. They know know best more than BCDA.

A group who honors agreement between the camp, its buyers, sub-lessees, sub-locators, and hotel unit owners must be held authority.

During their time of authority, the camp has developed into a fully realized tourist attraction, boosting not just Baguio’s tourism economy, but also the whole country.

With Casanova's incapacity, BCDA will not completely follow the tribunal decision.

An arbitration committee has ordered Camp John Hay Development Corporation (CJHDevCo), a former US facility, to vacate Camp John Hay in Baguio City. The committee also ordered CJHDevCo to return the 690-hectare property to the Bases Conversion and Development Authority (BCDA), a government agency tasked to develop the camp.

A bit of history

Camp John Hay was originally developed as a rest and recreation facility for employees of the US military and Department of Defense. It was turned over to the Philippine government on July 1, 1991, which was initially administered by the Philippine Tourism Authority (PTA).

Ever since, Camp John Hay has caused several conflicts in Baguio City.

On December 7, 1941, the Japanese Imperial Army warplanes were drawn to the camp. After Japan attacked Pearl Harbor, they stationed at Camp John Hay, igniting the World War II. It was bombed by American forces who tried to drive the Japanese military out of the camp.

In 2011, another war broke out in Baguio because of a dispute between the Camp John Hay developer and the government administrator.

Arbitration results

A decision dated February 11, 2015 from the arbitration committee, made up of Mario E. Valderrama, Teodoro Kalawa IV and Rogelio C. Nicandro, called an orderly transition of Camp John Hay, the country’s prime resort development.

BCDA President and Chief Executive Officer Arnel Paciano D. Casanova said, “We see this as a victory for [the] government. Finally it will be returned and it can now be developed for the benefit of the public” on February 13.

However, the government announced that they have no plans to close down Camp John Hay or the businesses insider the establishment. This announcement was made to pacify investors who expressed concerns “over the possibility of having their businesses disrupted… especially going into the peak season” due to the ongoing conflict between BCDA and CJHDevCo.

John Hay Management Corporation vice president and chief operating officer Michelle Regala-Niebres was quoted saying, “If there will be any disruption, it will definitely not come from us… in fact, we have been talking to Beneco and other utility service providers to ensure that there will be no disruption.”

Although a ruling was already made, CJHDevCo chairman Robert John Sobrepena said the BCDA must first pay CJHDevCo Php1.42 billion in rentals paid over a decade before the government could take over the camp. The original agreement between John Hay developers and the state-run firm was only for a 25-year lease, but it had sold 50-year leases to its investors. T

However, BCDA claimed that the CJHDevCo has not paid them its lease rentals for quite some time, making their arrears balloon to over Php3.4 billion, 25% of that amount should have paid to the City of Baguio.

CJHDevCo’s statement

Chairman Sobrepena said that it is not true that CJHDevCo owe over Php3 billion to BCDA. Thus, they are happy with PRDCI’s decision to direct BCDA into paying the John Hay developers Php1.42 billion in damages instead.

The chairman and the rest of CJHDevCo expressed their concern about the trees in John Hay, which they have taken care of for so long now. Luckily, the arbitral panel granted their wish for a rescission for damages. Still, they are hoping that the over 400,000 trees in the camp will be preserved and developmental footprints reduced.  

While the investigation on Mamasapano massacre is on-going, let's take a look at the decision of the Arbitration Tribunal Regarding Camp John Hay.

On February 11 2015, the arbitral tribunal issued its Award in the arbitration between CJH Development Corporation (“CJHDevCo”) and the Bases Conversion and Development Authority (“BCDA”).

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In 2014, the Pasay City Regional Trial Court has cleared Camp John Hay Development Corporation Chair and CEO Robert Sobrepeña of estafa case recorded by the Department of Justice (DOJ).

The late issue developed a consequence on Bases Conversion Development Authority (BCDA) blaming Robert Sobrepeña for fail to comply with his rental for quite a while inside the year 1998 - 2000 over a 1.5 Billion pesos of owed part.

After quite a while of holding up, this long legal battle between the Bases Conversion and Development Authority (BCDA) against Camp John Hay Development Corporation (CJH Dev Co) started to find answers.

To determine a disagreement about the case, Camp John Hay has requested Sobrepena to give back where its due U.S. military camp to the Philippine government.

Bases Conversion and Development Authority (BCDA) announced that the assertion board in a choice dated February 11, 2015 requested Sobrepena to abandon the previous army installation turned financial zone.

BCDA president and CEO Arnel Paciano D. Casanova might consider this as a triumph for government.

Because now it will be returned and it can be made for the profit of the public.

If the Battle Between BCDA and CJHDevCo is over, both parties must pay respect to Justice department.

Both must be willing to submit and abide the laws.

In honor to DOJ, BCDA was asked for to return to CJHDevCo generally Php1.42 Billion in rentals that it had paid to the BCDA.

While CJHDevCo was composed to purge the leased property and turn it over to BCDA.

Including all progressions that CJHDevCO had displayed in that amid the term of the lease.

Now that BCDA is moving ahead with CJHDEVCO's vision for Camp John Hay.

It can be the fundamental eco-tourism destination in North Luzon.

To continue the change of Camp John Hay with the preservation of the trees and the earth, now it must be a sign for a brand new start.

Both must cooperate in a peaceful transition.

As of June, a year ago of 2014, the Pasay City Regional Trial Court has recently cleared Camp John Hay Development Corporation Chair and CEO Robert Sobrepeña of estafa case as was recorded by the Department of Justice (DOJ).

The issue emerged as an after-effect of Bases Conversion Development Authority (BCDA) accusingRobert Sobrepeñaof neglecting to conform to his rental instalments for a long time inside the year 1998 - 2000 adding up to 1.5 Billion pesos of owed instalment.

On 11 February 2015, the arbitral tribunal issued its award in the mediation between CJH Development Corporation ("CJHDevCo") and theBases Conversion and Development Authority ("BCDA").

However, is the Legal Battle Between BCDA and CJHDevCo over?

In the award, BCDA was requested to come back to CJHDevCo roughly Php1.42 Billion in rentals that it had paid to the BCDA.

In turn, CJHDevCo was coordinated to empty the Leased Property and turn it over to BCDA with all changes that CJHDevCO had presented in that during the term of the lease.

BCDA was discovered to be in break and CJHDevCo was cleared of obligation for the gathered Php3.3 Billion in back rentals that theBCDA had guaranteed against CJHDevCo.

The BCDA must acknowledge the determination and go ahead to execute this with consideration.

Same with CJHDevCo, acknowledgement and make the environment to BCDA group. More works ought to be united by the two gatherings for simple underwriting for inventories and the stakeholders.

As indicated by Sobrepeña, CJHDevCo's operations were antagonistically influenced in 1998 which results to misfortunes of around 1.445 Billion pesos which kept on expanding on a day by day basis. Due to this reason, the understanding was rebuilt in the year 2000.

Notwithstanding, CJHDevCo likewise uncovered that inside the years 1998, 1999, and 2000, the organization pronounced profits which adds up to 928 millions.

The past record for this case had never been similarly heard which thusly gave negative angles for both sides.

With BCDA proceeding with CJHDEVCO's vision for Camp John Hay to be the main eco-tourism destination in North Luzon and proceed with the improvement of the Camp with the assurance of the trees and the earth as a top priority.

In coordination of both sides, the stakeholders inside the camp and the administration of Baguio, this can begin a fresh state.