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John Hay developer awaits P1.42B, says locators may stay.

MANILA -- Officials of the ousted developer of Baguio City's Camp John Hay said Thursday the company could not be evicted from the facility until the Bases Conversion and Development Authority (BCDA) forked over P1.42 billion under the writ of execution issued by a local court.

In a statement, Camp John Hay Development Corp. (CJHDevCo) executive vice president Alfredo Yniguez III and lawyer Gilbert Reyes also said the state-owned BCDA could not include third-party locators who had acted in good faith in the notice to vacate issued by Judge Cecilia Archog of Baguio Regional Trial Court Branch 6 last April 14.

In a five-page writ of execution, Archog ordered its sheriff to implement the court's March 27 order that confirmed the Final Award by the Philippine Dispute Resolution Center Inc. which directed BCDA to return to CJHDevCo P1,421,096,052 representing the rentals it had paid to the agency, as well as for the Camp John Hay developer to vacate the property.

The judge said the writ of execution must be implemented simultaneously, and that in the event the developer fulfilled its part but BCDA failed on its end, the CJHDevCo may place a levy on BCDA properties to satisfy the arbitral award.

If respondent (BCDA) cannot return all or part of the obligation, in cash, certified bank check or other mode of payment acceptable to the petitioner, you (the sheriff) shall levy upon the properties of respondent (BCDA) of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution, said the court order.

Yniguez, in his letter to the Camp John Hay partners dated April 21-a day after the developer received a copy of the writ of execution and the notice to vacate-reiterated that CJHDevCo was ready, willing and able to vacate the leased premises immediately or simultaneous with its actual receipt of payment from BCDA.

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Publication:Philippines Daily Inquirer (Makati City, Philippines)
Date:Apr 24, 2015
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