Babe G. Romualdez | Philstar | September 22, 2015
Spy Bits received a statement from Court of Appeals Justice Noel Tijam, the ponente of the decision regarding consolidated cases involving Camp John Hay Development Corporation versus the Bases Conversion Development Authority, wherein the CA ruled that the private company is to vacate and revert certain leased properties to BCDA but only upon the latter’s payment of P1.4 billion.
The 67-page decision “was arrived at after conducting four exhaustive hearings. The Decision is written in plain simple English. The factual, legal and jurisprudential bases are clearly and distinctly stated,” the statement read, urging media and the public to read the Decision to weed out the untruthful and self-serving statements of the parties involved.
“There is no truth to BCDA’s assertion that the CA Decision is detrimental to the government’s financial interests. The Decision clearly declares that the rights and interests of 3rd parties vis-a-vis the BCDA must be litigated and adjudicated in separate arbitration proceedings or before the courts” the statement further said.
The order for BCDA to pay CJH DevCo P1.4 billion is not the CA’s doing but made by the arbitral tribunal because of the finding of mutual breach – and this was not contested by the BCDA, Justice Tijam explained, adding that any perceived financial loss by the government is due to the BCDA’s failure to implead the third parties during the arbitration proceedings.
“The case is now pending appeal with the Supreme Court. Common sense and legal propriety dictate that the merits of the case be left to the collective wisdom of the Supreme Court and not through the media. Since the matter is sub judice, only the Supreme Court can declare with finality whether the CA Decision is ‘highly irregular’ or correct. No amount of misrepresentation or drumbeating will sway or influence the Court,” the statement ended. (The full text of the Decision dated July 30, 2015 can be accessed on this link:http://ca.judiciary.gov.ph/cardis/SP140422.pdf.)