By Emil Jurado | Apr. 08, 2015
I don’t know what Bases Conversion and Development Authority (BCDA) president Arnel Casanova and his lawyers are trying to prove when they threaten all locators, units owners and sub-lessees at Camp John Hay, who had entered into contracts with the Camp John Hay Development Corp. to enter into a Deed of Assignment with BCDA and sue CJHDevco.
The argument seems to lie on the fact that the Arbitration Board said that the BCDA must first pay CJHDevo P1.421 billion before vacating CJH. That ruling puts BCDA on the defensive since it must pay CJHDevco first before the Camp can be vacated.
Now comes Casanova, himself a lawyer, and his array of BCDA lawyers threatening locators, unit owners and sub-lessees who entered into contracts for a 50-year lease that they could be evicted if they do not assign their contracts with BCDA. I don’t know where Casanova studied his law since eviction of possessors in good faith can only be evicted without a court order!
Another threat of Casanova: Assign to BCDA contracts with CJHDevco so that the agency would respect it, and then sue CJHDevco to seek refund from the P1.421 billion which BCDA is supposed to pay CJHDevco.
Let’s rewind a bit and look at the facts of the case. Locators, unit owners and sub-lessees that entered into contracts with CJHDevco are all strangers to the BCDA-CJHDevco controversy and not parties to it. Under the law, they are possessors in good faith and cannot be deprived of their property under the Constitution.
The Deed of Assignment the BCDA is seeking is actually a ploy to evict locators, unit owners and sub-lessees from their properties, since they will be confirming the legal position of the BCDA. Aside from this, BCDA cannot ensure fulfillment of their promise not to evict locators, unit owners and sub-lessees.
More importantly, with this Deed, BCDA cannot dispose of public property without public bidding. Santa Banana, Casanova and the BCDA board can go to jail for acts contrary to law! Don’t they realize this?