The state-run Bases Conversion and Development Authority reiterated Monday that Camp John Hay Development Corp. is liable to the sub-lessees, sub-locators and buyers who signed contracts with the private developer.
BCDA legal head Peter Paul Andrew Flores said CJHDevCo was misleading the sub-lessees, sub-locators and buyers of Camp John Hay when the developer informed them that BCDA was aware of and would honor their contracts.
“Contrary to what the CJHDevCo has claimed, the BCDA is not privy to the contracts so how could the BCDA honor it,” Flores said in a statement.
He said as early as August 2011, the agency has requested CJHDevCo to furnish copies of all contracts and other documents related to the development of all infrastructures within the leased area. CJHDevCo refused to release the documents.
Flores cited the letter of refusal by CJHDevCo chief operating officer Alfredo Yñiguez III to John Hay Management Corp. president and chief executive Jamie Eloise Agbayani in 2011 .
“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,” the letter read.
Flores said CJHDevCo concealed the contracts of the sub-lessees and sub-locators to JHMC and BCDA, making CJHDevCo liable. The sub-lessees and sub-locators should go after CJHDevCo, he said.
Flores said the sub-lessees, sub-locators and buyers should start realizing they were being misinformed by CJHDevCo to prevent them from running after the company controlled by businessman Robert John Sobrepeña.
Flores called on the sub-lessees, sub-locators and buyers not to accept legal services being offered by CJHDevCo that would allow the private developer to evade liability and legal cases.
Earlier, BCDA and chief executive Arnel Paciano Casanova advised the sub-lessees, sub-locators and buyers to seek legal counsel to ensure their rights and interests would be protected.
Casanova also urged the sub-lessees, sub-locators and lease buyers to run after the CJHDevCo.
He said the only way for the CJHDevCo’s tenants to recover their investments and protect their interests was to lay claim to the P1.42-billion lease refund that the BCDA would remit to the private company.