BCDA will not honor CJHDevCo-locator contracts

State- owned Bases Conversion Development Authority (BCDA) yesterday said it will not honor contracts entered into by Camp John Hay locators and Camp John Hay Development Co. (CJHDevCo).

“Contrary to what the CJHDevCo has claimed, the BCDA is not privy to the contracts so how could the BCDA honor it,” said BCDA head for legal services lawyer Peter Paul Andrew T. Flores.

Instead, BCDA said that the Sobrepeña- led CJHDevCo is liable to the sub- lessees, sub- locators and buyers they have signed contracts with and just cannot turn their backs on them.

According to Flores, CJHDevCo has been misleading the sub- lessees, sublocators and buyers of Camp John Hay by telling them that BCDA is aware of their contracts and should honor their contracts.

As early as August 2011, the BCDA through the John Hay Management Corporation ( JHMC), BCDA’s management arm in Camp John Hay, already requested CJHDevCo copies of all contracts and other relevant documents related to the development of all residential homes, estates and condotels within the leased area such as but not limited to deeds of absolute sale, limited warranty deeds, and deeds of restrictions, among others.

However, CJHDevCo refused. Flores cited the letter of CJHDevCo COO Alfredo R. Yniguez III to JHMC President and CEO Jamie Eloise Agbayani dated 11 November 2011 who said: “Owing to the nature of all these contracts which outline sensitive and confidential commercial, contractual and financial information, and which are not to be disclosed to anyone without the express written authorization of the parties involved, we regret to inform you that CJHDevCo is under no clear obligation to furnish JHMC such copies.”

“Did CJHDevCo ever ask the sublessees, sub-locators and buyers authorization to give a copy of their contracts to JHMC?” Flores pointed out. “Is there a hidden motive why CJHDevCo continues to refuse to provide the BCDA copies of the contracts?” Flores added.

According to Flores, CJHDevCo concealed the contracts of the sub-lessees and sub- locators to JHMC and BCDA. This makes CJHDevCo liable to the sublessees and sub- locators, therefore, the sub-lessees and sub-locators should go after CJHDevCo.

Flores said the sub- lessees, sublocators and buyers should start realizing they are being played by CJHDevCo to hear what they want to hear so that they will not run after CJHDevCo.

Flores called on the sub-lessees, sublocators and buyers not to accept legal services being offered by CJHDevCo which the latter is doing to evade liability and not be sued by the sub-lessees, sublocators and buyers.

Earlier, BCDA President and CEO Arnel Paciano D. Casanova advised the sub-lessees, sub-locators and buyers to seek legal counsel to ensure that their rights and interests will be protected.

“The last thing we want to happen is for their contracts to be a worthless piece of paper like what happened with the College Assurance Plan ( CAP),” Casanova said.

Casanova also urged the sub-lessees, sub-locators and buyers to run after the CJHDevCo. He said that the only way for the CJHDevCo’s victims to recover their investments and protect their interests is to lay claim to the 1.42 billion.