Court upholds BCDA injunction-A A +A
By JM Agreda
Thursday, October 3, 2013
THE Regional Trial Court (RTC) recently upheld an injunction against the Bases Conversion and Development Authority (BCDA), preventing it from taking over a former American rest and recreation facility.
In the order released September 19, presiding Judge Cecilia Corazon Dulay Archog maintained the Writ of Preliminary Injunction issued August 23, 2012 after Camp John Hay Development Corporation (CJHDevCo) complied with its replacement bond filed before the court on September 16.
The order prevents the BCDA from taking over the 247-hectare leased portion of the Camp John Hay developer inside the John Hay Special Economic Zone.
The court ruling denied moves of BCDA to declare the Writ of Injunction dissolved. The CJHDevCo, in a press statement, said the injunction remains in "full force and effect."
CJHDevCo filed its renewal of the P736,328,465.50 injunction bond preventing BCDA from any manner of forceful takeover and any form of dispossession, said Alfredo Yñiguez, CJHDevCo vice president and chief operating officer.
In its earlier decision, the RTC Branch 6 issued a Writ of Preliminary Injunction in favor of CJHDevCo “for the duration of this case before this court until a decision is reached in the Arbitration Proceedings.”
The decision restrained BCDA “from committing any act tending to wrest control of the leased property” and “prohibited from awarding of the rights in the leased property to any new entity for the duration of the instant case.”
Yñiguez said this means CJHDevCo is the only entity legally entitled to the use, possession, and enjoyment of the leased premises and everything within it.
“Any negative media releases or announcements by BCDA stating otherwise is a violation of the Court's Order and is prohibited (under pain of contempt),” the developer added.
The injunction bond was renewed this month through First Integrated Bonding and Insurance Co., a Supreme Court-accredited agency. The original bond was previously issued by Liberty Insurance Corp.
The arbitration proceedings with the Philippine Dispute Resolution Center Inc. between two firms are expected to be finished by the first quarter of 2014.
Published in the Sun.Star Baguio newspaper on October 04, 2013.