BAGUIO CITY – The embattled Camp John Hay Development Corporation (CJHDevCO) slammed the State-owned Bases Conversion & Development Authority (BCDA) for truly crossing the line in harassing the third party owners of properties and businesses within Camp John Hay (CJH) in order to win them to their side even with the pendency of the judicial confirmation of the arbitral decision at the city’s Regional Trial Court (RTC).
In a recent meeting called by the BCDA between themselves and the Camp John Hay residents/owners, Alfredo Yñiguez, CJHDevCo executive vice president and chief operating officer, described ‘the BCDA pulled the most shocking move of coercion and harassment on the innocent victims of CJH so far.’
Presented to the tenants was a five page contract that deliberately threatens them to either turn over to the BCDA all their contracts, records and a complete Power Of Attorney for the BCDA to use as they see fit in their on-going quest to ‘crush’ Camp John Hay Development Corp. (CJHDevCo), or face certain termination of their contracts and the rights to use their properties in Camp John Hay.
He pointed out the contract, entitled ‘Deed of Assignment’ leaves the tenants within Camp John Hay in a lost situation. If they do not turn over their contracts with CJHDevCo to the BCDA, then the BCDA will simply take their properties away from them.
He disclosed some of the exerpts of the supposed contract are ‘paragraph 6 “the tenants are dependent entirely on CJHDevCo. Hence, by virtue of the final award dated 11 February 2015, the tenants are also obliged to vacate their leased premises and deliver possession to BCDA.”
Moreover, paragraph 7 “tenants causes of action arising from their contract may only be raised against CJHDevCo. The tenant acknowledges that it has no priority contract with and no cause of action against the BCDA.”
He added paragraph 8 “the BCDA is willing to allow the tenants to continue occupying their properties for the remaining period of their sublease, in consideration for the assignment to BCDA of any and all rights and cause of action against CJHDevCo arising from their contract.”
The CJHDevCo official cited Section A paragraph 2 “Tenant irrevocably appoints and authorizes BCDA as its true and lawful attorney, with full power and authority in its own name to sue for, recover, receive and collect the tenants claims against CJHDevCo, and take all legal or other measures deemed proper or necessary, with the same force and effect as the tenant could do.”
Lastly, he disclosed paragraph 3 “In consideration of this deed of assignment, the BCDA shall allow tenant to continue occupying their property, subject to terms and conditions that both parties may subsequently agree on.”
According to him, the tenants are also harassed into agreeing to “provide BCDA any and all documents, papers and records that BCDA would deem necessary in enforcing the assigned rights against CJHDevCo, and that the tenants will execute any affidavit or sworn statement and testify before any court, tribunal or agency in any proceeding against CJHDevCo as BCDA may deem necessary.”
“Every third party investor in CJH need not worry about even the most remote chance that they could lose their lease rights. All buyers have purchased in good faith and the Civil Code, Article 1385 clearly states that “an order for ‘mutual restitution’ cannot include properties currently in the possession of third persons who acted in good faith,” He stressed.
More so, he asserted tenants should also consider the ‘Rule of Fairness’ which means “no man shall be affected by a proceeding in which he is a stranger” and the issue of third party contracts were not even a point of contention of the Arbitration Tribunal.
From a tenant/investor in Camp John Hay who asked for anonymity for fear of being personally singled out by the BCDA, he said “All of these inappropriate actions on the part of the BCDA to strike as hard as they possibly can, and with everything they can muster up, is clearly a blatant abuse of authority. These are irresponsible acts of governance that outright betray the true function and integrity of a government office. These actions are nothing more than abusive bullying tactics that are aimed at satisfying ‘personal’ vendettas against individuals and corporations in the private sector. We are not involved in the dispute between the BCDA and CJHDevCo. The good faith with which we entered into lease contracts in CJH are now eroded into bad bile towards the BCDA. We are asking the BCDA to stop using us like ‘pawns’ in their dispute with CJHDevCo.”
By Dexter A. See
