BAGUIO CITY – The Camp John Hay Golf Club, Inc. (CJHGCI) said that it has a direct and independent relationship with the State-owned Bases Conversion and Development Authority (BCDA) and that it is not a mere sub-lessee of the Camp John Hay Development Corporation (CJHDevCo), thus, it holds a separate contractual agreement with the government independent of the lease agreement between the private developer and BCDA.
CJHGCI general manager Judson D. Eustaquio pointed out that BCDA itself conceived and mandated the creation of a separate entity, the golf club, to operate a golf course and issue memberships, thus legal protection under the Securities and Exchange Commission (SEC) is guaranteed under the law.
He explained that the golf club is an issuer of SEC-registered membership certificates valid until 2047 and that BCDA’s commitment that allowed the club to use its parcels of land until 2047 serves as a basis for the SEC’s approval of the said securities.
The golf club official claimed that any unilateral cancellation of the commitment would require SEC approval as the government agency is mandated to protect the interest of membership certificate holders.
The golf club maintains that it was not part of the arbitration case between CJHDevCo and BCDA. As such, the orders issued by the arbitral tribunal, including the writ of execution and notice to vacate, cannot bind the club or compel it to vacate the property,” Eustaquio stressed.
According to him, nevertheless, the golf club is aware of BCDA’s recent statement that it is ‘closely coordinating with all stakeholders to ensure a smooth transition’ and it commends the State corporation for the said commitment to ensuring business continuity and a smooth transition and is open to coordinating with the said agency.
Inspired by the latest developments between BCDA and Le Monet hotel, he stipulated that the golf club looks forward to exploring avenues that uphold its legacy as a premier golfing destination.
Eustaquio assured its members and its stakeholders that operations will continue and it will be business as usual and it remains committed to supporting the rights of its members and will exhaust all legal remedies available to safeguard the said rights.
“The golf club respects and supports the recent Supreme Court decision, especially in as far as it recognizes the independent and vested rights of other stakeholders. It also reaffirms its legal position and clarifies its status concerning the recent developments in the ongoing case between CJHDevCo and BCDA. While the Supreme Courts’ confirming the 2015 final award of the arbitral tribunal, which directs CJHDevCO to turnover possession of the leased property to BCDA as far as practicable, has become final and executory, the golf club underscores that the said ruling cannot be enforced against the same,” Eustaquio added.
At present, the golf club has some 1,309 members where 927 are considered to be active and employs around 188 workers with some 156 accredited caddies and suppliers.
He said that the golf club officials have ongoing negotiations with their BCDA counterparts to thresh out issues and concerns related to its continuous operations inside the government property. By Dexter A. See
