TRO on gov’t takeover of Camp John Hay extended
MANILA, Philippines – A Baguio City court has extended indefinitely its temporary restraining order (TRO) preventing the Bases Conversion and Development Authority (BCDA) from taking over the establishments, facilities and administrative offices of Camp John Hay Development Corp. (CJHDevCo).
Baguio City Regional Trial Court Branch 7 Judge Mona Lisa Tiongson-Tabora granted the motion of CJHDevCo for the extension of the TRO.
The TRO compels BCDA to observe the status quo of CJHDevCo’s rights as a lessee of Camp John Hay and ensures the continuity of operations of various locators and businesses in the former American rest and recreation center.
CJHDevCo welcomed the ruling, saying it would assure tourists and residents of Baguio City that they could continue to enjoy the amenities at Camp John Hay.
CJHDevCo said they sought a court injunction after receiving reports that BCDA is preparing to the take over of Camp John Hay.
The Baguio City court earlier granted the appeal of CJHDevCo for the extension of the 72-hour TRO issued by Executive Judge Iluminada Cabato for another 17 days starting Jan. 28.
The court restrained the BCDA from forcible occupation or ejectment of CJHDevCo from its management of Camp John Hay Golf Club, the Manor Hotel, Camp John Hay Suites Hotel and its administrative offices, as well as key utilities and facilities, including its water source. It also stopped the government agency from taking over the leased property or award rights in the property to a new entity or developer.
Meanwhile, CJHDevCo denied the charges filed by BCDA with the Department of Justice that it had illegally occupied a portion of the former US recreational facility.
CJHDevCo said the criminal case filed against its officials by BCDA was part of the “strong-arm tactics, including continued harassment and intimidation being employed by the state-run firm to justify the illegal takeover of the contested property.”
CJHDevCo, which has poured in close to P3 billion in development projects, including the Manor Hotel, denied BCDA’s allegations that it illegally occupied some 600 square meters of prime land near a sewage treatment plant within the John Hay Special Economic Zone.
“As far as we are concerned, there is no squatting here,” CJHDevCo chief operating officer AlfredoYniguez said.
Yniguez said the facilities BCDA claimed to have been illegally constructed are within the 247-hectare area that CJHDevCo has been developing.
BCDA filed a criminal complaint against CJHDevco and Warbird Security and Investigation Agency for “professional squatting” and required them to dismantle their structures at Camp John Hay.
BCDA alleged that CJHDevco built housing units for their guards and K-9 units without BCDA’s consent.
Yniguez,however, said that what Warbird Security and Investigation Agency erected were outposts and other temporary security facilities to protect Manor Hotel and other vital facilities in the CJHDevCo area.
http://www.philstar.com/nation/article.aspx?publicationSubCategoryId=67&articleId=782104
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