Another TRO stops John Hay takeover

BAGUIO CITY—The developer of Camp John Hay obtained a third temporary restraining order (TRO) on Monday from the Regional Trial Court here which prevented the Bases Conversion and Development Authority (BCDA) from taking over the former American rest and recreation center.

The new TRO was issued after BCDA sued the Fil Estate-owned Camp John Hay Development Corp. (CJHDevco) for squatting, forcing the developer to demolish three shanties put up by its security firm.

In a statement, CJHDevco said, however, that it was not squatting on any piece of property inside John Hay.

CJHDevco said it had poured in nearly P3 billion in projects on John Hay, including the popular Camp John Hay Manor Hotel, and does not illegally occupy at least 600 square meters of prime land near a sewage plant in the area.

“As far as we are concerned, there is no squatting here,” said Alfredo R. Yñiguez in the statement.

CJHDevco said security facilities that BCDA claimed to have been illegally constructed actually falls within the 247-hectare leased area that CJHDevco has been developing.

“We deplore the strong-arm tactics being resorted to by BCDA in its bid to justify a takeover of John Hay,” Yñiguez said, adding that the filing of the case at the Department of Justice is just the latest in a series of actions aimed at seizing control of CJHDevco projects.

The agency and the developer have been warring over the validity of CJHDevco’s P3-billion rental debts, which had been submitted to the Philippine Dispute Resolution Center for arbitration in December 2011.

Yñiguez said Judge Mona Lisa Tabora issued the third TRO after a 17-day TRO she granted on Jan. 30 lapsed.

The first TRO was issued by Executive Judge Iluminada Cabato on Jan. 27. Yñiguez, who attended the Monday court hearing, said the judge this time did not provide a date for the expiration of the third TRO.

He said the judge had decided to study the pleadings submitted by CJHDevco and BCDA and may schedule a hearing on April 18  should she require more information from the contending parties.

A check made by the Inquirer showed that copies of the third TRO have yet to be sent to BCDA and CJHDevco.

Yñiguez said: “The TRO compels BCDA to observe the status quo of CJHDevco’s rights as lessee of Camp John Hay.” He described the TRO as an “indefinite extension” of CJHDevco’s 17-day TRO.

Lawyer Arnel Paciano Casanova, BCDA president, did not issue any statement, except to stress in a text message on Monday that a TRO “cannot be indefinite [because all TROs] have limits.”

“The TRO ensures continuity of operations of various locators and businesses in Camp John Hay. Tourists and the local community of Baguio are assured that they can continue to enjoy amenities inside the camp,” Yñiguez said. Vincent Cabreza, Inquirer Northern Luzon