Court extends TRO vs BCDA takeover of Camp John Hay

MANILA, Philippines - A Baguio City regional trial court has extended the effectivity of its 72-hour temporary restraining order to 17 days enjoining the Bases Conversion and Development Authority (BCDA) from physically taking over the establishments and facilities of Camp John Hay Development Corp. (CJHDevCo), the developer of the former American rest and recreation center.

In a two-page order dated Jan. 27, presiding judge Mona Lisa V. Tiongson-Tabora of Baguio City RTC, Branch 7, granted the appeal of CJHDevCo through lawyer Gilbert Raymund T. Reyes for the extension of the 72-hour TRO issued by executive judge Iluminada P. Cabato on Jan. 24, 2012 for 17 days starting Jan. 28.

After a careful consideration of the allegations stated in the urgent petition, “the Court finds that great and possibly irreparable injury might be suffered by the petitioner if the 72-hour TRO, which expires (Friday), is not extended.”

“Wherefore, as prayed for by the petitioner, the 72-hour TRO issued by Executive Judge Iluminada P. Cabato on January 24, 2012 is hereby extended for seventeen (17) days starting. . . Jan. 28, 2012,” the judge ordered.

The regional trial court restrained the BCDA from forcible occupation or ejectment of CJHDevCo from its management of Camp John Hay Golf Club, the Manor Hotel, the Camp John Hay Suites Hotel, its administrative offices, as well as key utilities and facilities, including its water source. It also enjoined the government agency from taking over the leased property or award of rights in the leased property to a new entity or developer.

“The respondent Bases Conversion Development Authority, its subsidiaries, officials, employees, agents or any other person/entity acting for or in its behalf, are hereby ordered to restrain or desist from committing any act tending to wrest control and/or possession of the property subject of this case or any part thereof including all improvements found therein, from petitioner Camp John Hay Development Corp. and/or persons claiming rights to the leased property or portions thereof from said petitioner, including any act of forcible entry or forceful occupation and/or ejectment of said petitioner or its authorized representatives and/or any award of rights in the subject property to a new entity,” Tabora stressed.

The lower court has set the CJHDevCo case for hearing on the application for a preliminary injunction on February 6, 2012 at 9:30 am.

BCDA did not sent its lawyer to appear before the Court’s summary hearing of the case on Friday, despite due notice.

Earlier, CJHDevCo filed a complaint for mandamus seeking to compel the BCDA to comply with its contractual obligations as stipulated under the 2008 “Restructuring Memorandum of Agreement (RMOA), particularly the setting up of the so-called “One-Stop Action Center,” an effective mechanism that would facilitate development of the John Hay Special Economic Zone (JHSEZ).