21 April 2015
Dear CAMP JOHN HAY Family & Partners,
Warm greetings from Camp John Hay!
We wish to inform you that CJH Development Corp. (CJHDevCo) was served yesterday, 20 April 2015, with copies of the ‘Writ of Execution’ dated 14 April 2015 signed by Baguio Regional Trial Court (RTC) Judge Cecilia Corazon Dulay-Archog in Civil Case No. 7561-R, and the 20 April 2015 ‘Notice to Vacate’ signed by Clerk of Court and Ex-Officio Sheriff Atty. Linda G. Montes-Loloy and Sheriff IV Bobby Galano.
In the event that you receive or are shown a copy of the Writ of Execution or the Notice to Vacate, we wish to inform you that CJHDevCo is ready to vacate the ‘Leased Premises’ immediately or simultaneous with its actual receipt of payment from the Bases Conversion Development Authority (BCDA) of the amount of Php1,421,096,052.00. This is consistent with the reciprocal nature of the Final Award rendered in the arbitration between CJHDevCo and BCDA, as well as the characterization by Judge Archog in open court at the 14 April 2015 hearing that the judgment obligations are essentially, as termed in the vernacular, ‘kaliwaan’. CJHDevCo vacates as and when it is paid by the BCDA in full. This is what the Court mandated.
We note that the ‘Notice to Vacate’ is directed to CJHDevCo “and all persons claiming rights under them.” The said phrase refers only to CJHDevCo and its employees, security personnel as well as its subsidiaries. We also wish to emphasize that the ‘Notice to Vacate’ IS NOT directed at persons 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. These persons, such as yourself, acted in ‘good faith’, and invested in Camp John Hay by purchasing their property with the consent and knowledge, if not the inducement, of the BCDA.
More importantly, the money paid by these third parties were credited in the Final Award as BCDA’s payment for the interest it owed to CJHDevCo on the rentals it (the BCDA) was ordered to return to CJHDevCo. All these third parties, such as yourself, therefore, have the right to remain in Camp John Hay based on their contractual rights and from BCDA’s acceptance of the benefit derived from the payments made by these third parties.
ALFREDO R. YÑIGUEZ III
Executive Vice-President & COO