The Bases Conversion and Development Authority (BCDA) brushed aside the reported announcement by Camp John Hay Development Corporation (CJHDevco) that they will file criminal raps against BCDA president and chief executive officer Arnel Casanova.
BCDA public affairs manager Leilani Macasaet called it “an act of harassment against a public officer who is merely performing his duty as steward of public property.”
“Protecting public interest is not a criminal offense,” Macasaet said, pointing out that the termination of the contract was in line with the Aquino Administration’s “Daang Matuwid.”
“In fact, the decision to terminate the contract was unanimously approved by the BCDA board of directors,” Macasaet said.
“We now have an administration that will hold public and private parties accountable if they are discovered to have enriched themselves by exploiting public property without giving government what is due it,” Macasaet said.
“The plan to file criminal charges against BCDA president Arnel Casanova is a ruse by CJHDevco to veer the public’s attention away from CJHDevco’s violations of their contractual obligations,” she added.
The termination notice states that CJHDevco committed material and incurable breaches of the lease agreement, including failure and refusal to pay the annual rent due to government for many years; failure to open an escrow account and deposit 50% of the Common Usage Services Assessment; fraudulent double-sale of a property given as payment to BCDA; violation of fire and safety laws in the Camp John Hay Suites; unlawful squatting of CJHDevco’s security agency; subcontracting of the water operations and distribution without BCDA’s consent; violations on safety, health and environmental regulations; and CJHDevco’s gross misrepresentation of its financial standing.
Because of these material and incurable breaches, BCDA served notice of contract termination last 16 May 2012, and directed the Sobrepena-led firm to vacate John Hay immediately and settle its obligations, which as of April 30, 2012, amount to P3.077 billion.
“The BCDA through its president Arnel Casanova is merely implementing the policy of the government to enhance the benefits to be derived from Camp John Hay in order to promote the economic and social development of the country,” Macasaet said.
“And this would include terminating a partnership with a party who has consistently breached and refused to comply with its contractual obligations,” she added.