There is this “sincere” open letter  made by the president and CEO of Bases Conversion Development Authority specially for the City Government of Baguio and for other parties concerned. After reading his open letter, I have figured out that most of his points are misleading and are pretty one-sided.

Arnel Casnova asserted the notion that he is a “friend”. But the way he is treating the Camp John Hay negotiations with harassments and bullying here and there, friendship can hardly be found. 

The moment Casanova inherited the BCDA throne, the City of Baguio received little to none of the payments and shares which they are supposed to get as compared to the P256 million that they have received before Casanova assumed the throne. 

BCDA’s previous officials were dignified enough to share BCDA’s revenue to the local government as stated by Condition number 10 of the 19 Conditionalities included in Resolution number 362. 

Unfortunately, our “friend” seems to be uneager to show even half of the dignity and decency that his BCDA predecessor have displayed before. Due to some unidentified reasons, BCDA was unable to remit the revenue coming from the lease rentals of Camp John Hay which is the city government are supposed to get a portion of.

Despite of CJHDevCo.’s willingness to share a table with BCDA officials to further ta9lk things out and to possibly settle the dispute, BCDA and John Hay Management Corp. (JHMC) refused to cooperate which resulted to an arbitration case with the Philippine Dispute Resolution Center, Inc. After the arbitration has already came up with a decision, BCDA and company are still hesitant to comply with the new set of conditions much to the dismay of all the people rooting for a more diplomatic way or resolving the said dispute. The time which was spent arguing and attending court hearings are supposed to be used to plan new and innovative ways to generate more revenues and boost the tourism for the welfare of the City of Baguio. Camp John Hay is also supposed to be rehabilitated and fully developed by now but due to the drama that BCDA have created, the project was remorsefully left hanging. Also, many other projects were left hanging aside from Camp John Hay. Forest Hill Cabins, Scout Hill, Sneider Building, Eco Village Commercial Park, 2nd Phase of Camp John Hay Suites, Mile-Hi Town Center and the Cordillera Theme Park to name a few.

To make things even worse, they have also ruined the peaceful lives of the third party and lessees inside Camp John Hay, most of them are retirees seeking for a safe and harmonious place to stay for their remaining years of existence. All of that were deprived to them by the mighty BCDA.

Just recently, some of  the camp’s occupants have already lose their hopes and appeared to have finally let go of their priced investment inside the former American recreational area. An eviction order promulgated by the BCDA melted their chances of retaining their properties, not until a 60-day temporary restraining order (TRO) arrived. 

Included in the list of lessees who were ordered to vacate their properties are Joselito Cruz, the owner of a well known perfume brand, prominent business groups like Ayala Land Inc. and some other businessmen like Manuel Zamora who have filed a separate motion battling the expulsion notice. 

The see-saw skirmish between Arnel Paciano Casanova’s BCDA and CJHDevCo has been filled with drama at irregularities. Both of them are claiming that the court should favor them in their corresponding legal battles. The delayed court’s decision is not something that Casanova should actually be happy about. The lengthen verdict will just strengthen the allegations that he is doing some mystical operations to turn the events into their favor.

All of a sudden, his nonchalant façade has become tainted with insatiable motives. We all know how impressive his credentials are, coming from a poor family in Batangas, earning multiple educational degrees from the University of the Philippines and Harvard University in the United States, a sound lawyer, and a president of state-owned organization like the almighty BCDA.

One must strive hard, and dutifully chase after your dreams in able to achieve it. This may be one of the most motivating words that we have ever heard from our parents, friends and mentors. But sometimes, being too much of an achiever can turn you into a glutton starving for power, money and fame. That appears to be the case with Arnel Casanova. Although we haven’t seen him plead for forgiveness or show some guilt yet, the fact that he’s stepping over innocent people’s heads only shows us how desperate of a man he really is.

He has been considered as a corrupt official, a thief, a manipulator, a man vulnerable to receiving kickbacks while living a luxurious life. To make this long description short, he is nothing but a man with no conscience into the eyes of many people who succumbed dreadfully into his filthy hands.

Let us wait and see if justice will finally be served to those who rightfully deserve it or everything will just become a wasted effort. But no matter how many pages of tirades we make against Casanova, the sad fact remains: If you have money and power, you can do whatever you want no matter how evil it is. To make it worse, you can still come out and be considered as everyone’s savior and inspiration. 

All praises to Mr. Casanova for doing such a great job.

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.

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.

Just this June of the last year of 2014, the Pasay City Regional Trial Court has just cleared Camp John Hay Development Corporation Chair and CEO Robert Sobrepeña of estafa case as was filed by the Department of Justice (DOJ).

The issue arose as a result of Bases Conversion Development Authority (BCDA) accusingRobert Sobrepeñaof failing to comply with his rental payments for two years within the year 1998 - 2000 amounting to 1.5 Billion pesos of owed payment.

According to a December 19 seven-page order which the Department of Justice received early this week, Pedro Gutierrez, Pasay RTC Branch 119 Judge, denied the motion to reconsider the finality of the case as filed by the government prosecutors on behalf of Bases Conversion Development Authority which had sued Sobrepeñaby failing to fulfill an obligation on the lease agreement he signed.

The Lease Agreement

Following the terms of the 1996 lease agreement between Camp John Hay Development Corporation (CJHDevCo)and BCDA, CJHDevCowas supposed to pay an annual rent of 425 million pesos or 5% of the gross revenues during the first five years of the lease, whichever pays more. This means that within the years of 1998, 1999, and 2000, CJHDevCoowed the government a rental payment amounting to 1.275 Billion pesos.

According to Sobrepeña, CJHDevCo’s operations were adversely affected in 1998 which results to losses of about 1.445 Billion pesos which continued to increase on a daily basis.Due to this reason, the agreement was restructured in the year 2000.

However, CJHDevCo also disclosed that within the years 1998, 1999, and 2000, the company declared a dividends which totals 928 millions.

For this, the DOJ pointed out, “CJHDevCo deliberately chose not to perform its rental obligations to BCDA despite knowledge of such and existence of retained earnings and other revenue.”

Based on the 1998 financial statements, the DOJ also pointed out, “CJHDevCo could have very well met its rental obligation of P425,001,378 million had it chosen to do so as seen by its acts of disposing P674,065,290 by way of dividends ….”

The Reason for the Verdict

Uphelding the judge’s September 3 ruling, Arnel Casanova, BCDA President, miscarried to bring about probable cause in Sobrepeñabeing accused by misconstruing the company’s ability to pay for Camp John Hay’s rent.

In its order, the court said, “BCDA agreed to restructure the debt under the lease agreement. The accused (Sobrepeña) cannot be held liable for CJHDevCo’s failure to pay those rentals.”

The decision for the verdict was apparently also pointed out as a result of DOJ’s “palpable error of selective prosecution”by singling out Sobrepeña in the case and excluding other members of the board of directors of CJHDevCo as stated by the judge.

In the end, the judge ruled out the case with this ending statement, “If there was misrepresentation as to the financial condition of CJHDevCo, the officers/directors of BCDA who are members of the committee might have been remiss, if not fell short, of their duty to determine the financial capacity or incapacity of CJHDevCo to pay its obligations.”