Sheriff serves Notice to Vacate to Sobrepeña-led CJHDevCo

The Office of the Ex-Officio Sheriff of the First Judicial  Region, Branch 6 of the Regional Trial Court (RTC) in  Baguio served  on Monday a Notice to Vacate to the Sobrepeña-led CJH Development Corporation (CJHDevCo) and all persons claiming rights under them.

 

BCDA President and CEO Arnel  Paciano D. Casanova said the Sobrepeña-led  CJHDevCo  should respect the rule of law and abide with the Notice.

 

“The arbitration was a process that CJHDevCo forced BCDA to participate in. Now that the court has spoken, they should follow the rule of law and vacate Camp john Hay,” Casanova said.

 

Casanova also cautioned the sub-lessees to seek legal counsel to protect their investment in Camp John Hay because they are part of the Notice to Vacate.

 

The Notice to Vacate is addressed to CJHDevCo “and all persons claiming rights under them”. The latter refers to the sub-lessees.

 

Casanova said the fact that the sub-lessees are part of the Notice to Vacate confirms what the BCDA has been saying all along, that CJHDevCo is liable to the sub-lessees for damages that may be suffered from the non-performance of  CJHDevCo’s obligations under the contract it has signed with the sub-lessees.

 

“It simply means that only CJHDevCo is liable to the sub-lessees and the sub-lessees should lay claim to the P1.4 billion that BCDA will be returning to CJHDevCo as part of the Writ of Execution,” Casanova said.

 

The Notice to Vacate starts the 30-day countdown for CJHDevCo to leave  Camp John Hay and  to promptly deliver the leased property, inclusive of all new constructions and permanent improvements to the BCDA within thirty days.

 

The Notice reads: “[Y]ou are hereby notified to voluntary/peacefully VACATE the premises subject matter of the above-entitled case and surrender/turnover the possession thereof to the respondent BASES CONVERSION AND DEVELOPMENT AUTHORITY (BCDA) within THIRTY (30) DAYS from receipt of this notice.”

The Notice also stated that “failure on your part to voluntary VACATE the subject premises with the given period, the Office of the City Sheriff will enforce the Writ of Execution in accordance with the rules prescribed by law.”

Meanwhile, the BCDA said that it has deposited last Friday (April 17, 2015) the amount of P1.42 billion in favor of the RTC Branch 6 in Baguio. -END-

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