By Rey E. Requejo | Apr. 07, 2015 at 12:01am
Camp John Hay’s developer CJH Development Corporation on Monday tagged as pathetic the latest attempt of Bases Conversion Development Authority to evade the payment to CJHDEVCO of the P1.4 billion- award by the Philippine Dispute Resolution Center Inc.
The company’s chief operating officer Alfredo Yniguez stressed that the company has been aware of BCDA’s attempts to rouse the existing locators and sub-Lessees into filing suit against the developer as a result of the PDRCI’s favorable award to CJHDEVCO.
“The Arbitral Award of the PDRCI ordered CJHDEVCO to return to BCDA the Camp upon return to CJHDEVCO of the P7.4 billion rentals paid by CJHDEVCO,” said Yniguez. “But the Arbitral Award DID NOT ORDER that the Camp be returned to BCDA, FREE AND CLEAR OF ITS LOCATORS, LESSEES, TENANTS, “ he clarified.
“Thus, the Arbitral Tribunal, including the BCDA president Casanova, who is a lawyer by profession, is well aware that the law protects third parties in good faith in the event of mutual rescission of the lease agreement over the Camp,” Yniguez added.
“It is clear Casanova does not want the return of the Camp with its existing locators, lessees and tenants. He wants to evict them and his wish is for CJHDEVCO to pay the costs of eviction of the existing locators, lessees and tenants,” he said. “We want our locators, lessees and tenants to stay in the Camp. So why would they sue CJHDEVCO?” said Yniguez.
“It is not CJHDEVCO who wants to evict them from the Camp, it is BCDA who wants to evict them. Hence, if there is any party who the locators, lessees and tenants should sue is BCDA should BCDA not honor their rights to their properties and possessions in the Camp,” said Mr. Yniguez.
Nonetheless, the CJHDEVCO official assured that the company would provide legal services to protect the rights of all third party locators, lessees and tenants.
The CJHDEVCO official said the BCDA wants to evade payment of the P1.4 billion money award by rousing the existing locators, Lessees and tenants to lay claim to the P1.4 billion rentals BCDA is supposed to pay back to CJHDEVCO.
“Mr. Casanova wants the locators, lessees and tenants to lay claim on the money award to CJHDEVCO to save BCDA from paying CJHDEVCO the P1.4 billion money award,” Mr. Yniquez commented.
“In fact, the BCDA has sent written proposals to our locators, lessees and tenants, that if they assign their rights to lay claims against CJHDEVCO, BCDA shal1 not evict them but reward them with continuing lease over their properties under the original period agreed upon with CJHDEVCO, “ said Mr. Yniguez.
“The proposal of Casanova clearly exposes the parties concerned to graft and corruption since once the properties of locators, lessees and tenants are returned BCDA, BCDA cannot dispose of them without the proper public bidding to these properties,” Yniguez said.