Developer gets notice to vacate Camp John Hay
BAGUIO CITY, Philippines – A notice to vacate Camp John Hay was issued to private developer Camp John Hay Development Corporation (CJHDevCo) at 4 pm on Monday, April 20.
This is set to end the long-running legal battle between CJHDevCo and the government-owned BCDA.
The Office of the Ex-Officio Sheriff of the First Judicial Region, Branch 6 of the Regional Trial Court in Baguio City served the notice against CJHDevCo to vacate the area.
“You are hereby notified to voluntary/peacefully vacate the premises subject matter of the above entitled case and surrender/turn over the possession thereof to the respondent BCDA within 30 days from receipt of this notice,” the notice read as signed by Linda Montes-Loloy, Clerk of Court and Ex-Officio Sheriff, and Sheriff Bobby Galano.
The notice said that the failure of CJHDevCo to voluntarily vacate Camp John Hay premises within the given period mandates the city sheriff to implement the court order.
The BCDA is also ordered to pay back P1.42 billion (32.1 million) in rentals to CJHDevCo confirmed by Acting Presiding Judge Cecilia Corazon Dulay-Archog.
BCDA claims that CJHDevCo’s arrears have ballooned to P3.024 billion ($68.37 million) over the past 16 years but the latest RTC decision stated that CJHDevCo “is hereby declared as not liable for any unpaid back rent”.
The Baguio city government is entitled to a 25% share from the lease-rentals of CJHDevCo, which is equivalent to P750 million ($16.9 million).
The 7-page decision denied 5 other claims filed by both parties for reformation of the Original Lease Agreement: Damages for mutual breach of the lease agreements; CJHDevCo’s prayer for Attorney’s fees, litigation expenses and costs of the suits; BCDA’s plea for moral damages of not less than PhP10 million ($226,114) for besmirching the government agency’s reputation; and the court orders that all other request for relief not otherwise disposed be denied. – Rappler.com
$1 = P 44.22