New BCDA Chairman of the Board

NEW BCDA CHAIRMAN OF THE BOARD. President Benigno S. Aquino III congratulates newly sworn in Bases Conversion and Development Authority (BCDA) Chairman  Rolando P. Gosiengfiao after the President administered the oath recently in Malacañang.  Chairman Gosiengfiao, who comes from the private sector and who has spent most of his career in various countries, brings to BCDA his wealth of global experience in international banking, property development and government privatization transactions. The state-owned BCDA belongs to the so-called “Billionaires’ Club” or the top eight Government-Owned and -Controlled Corporations (GOCCs)  that recently remitted dividends of  P1-B or more to the National Treasury. BCDA remitted a total of P2.309 billion to the National Government (NG) for the period January  to December 2012. Of  the  P2.3 billion, P549 million represented dividends to the  NG.  Pursuant to Section 3 of the Republic Act No. 7656, all GOCCs are required to declare and remit at least 50 percent of their annual net earnings as cash, stock or property dividends to the national government. The remaining P1.76 billion was the share of several government beneficiaries from  BCDA’s asset disposition proceeds generated from existing joint venture, lease agreements and assets disposed in 2012. The Armed Forces of the Philippines (AFP) got the lion’s share at P1.691 billion.

BCDA, JHMC and DepEd ink usufruct agreement on John Hay lot for school building

The state-owned Bases Conversion and Development Authority (BCDA) and the John Hay Management Corporation (JHMC)—BCDA’s implementing arm in the John Hay Special Economic Zone (JHSEZ)  and John Hay Reservation Area (JHRA) announced that it had recently signed a usufruct agreement with the Department of Education (DepEd) for the latter’s  use of a lot within Camp John Hay to put up a school building.

“It is an honor for the BCDA to partner with DepEd Secretary Br. Armin Luistro FSC in pursuing DepEd’s plans of  providing the children of Baguio City better education and educational facilities,” BCDA President Arnel Paciano D. Casanova said.

Under the usufruct agreement, BCDA will allow the DepEd to use 1,529 square meters of land for free for establishing a school building. The lot is located at  Barangay Country Club and is within Camp John Hay.

According to Casanova, the establishment of a school building is in line with the development of Camp John Hay as a human resource development center.

Casanova noted that the lot will be used solely for support of the school building and other related purposes. He emphasized that the lot will not be used for commercial, industrial, residential, or entertainment purposes except for those business and activities providing support services and only to satisfy the needs and requirements of the learning institution.

For his part, Education Secretary Br. Armin Luistro FSC said that this will not be the first and last time that DepEd will be partnering with the BCDA on obtaining lots within John Hay. “We are going to explore with BCDA more usufructuary lots  within John Hay for more school buildings,” Luistro said.

He added that plans are underway to ensure that Baguio City will be a city where there will be no out-of-school youth. “The partnership we have with BCDA in putting up the needed facilities will allow us to achieve our goal for the people of Baguio,” Luistro said.

Casanova also pointed out that some of the public school buildings within the John Hay area are built near cliffs and may be prone to landslides not to mention the  high risk  and danger to the children who may fall. “Our partnership with DepEd will solve this problem and assure the safety of the children,” he said. 

Casanova added that aside from school buildings, the BCDA is looking into usufruct agreements with DepEd for training centers as well.

BCDA and DPWH working together to make SCTEX bridge accessible the soonest

The state-owned Bases Conversion and Development Authority (BCDA)  said it is now studying the option of puttinga Bailey bridge with the help of the Department of  Public Works and Highways (DPWH)  as a remedial measure to make the damagedportion of  Pasig-Potrero Bridge of the Subic-Clark-Tarlac Expressway (SCTEX)accessible within days to light vehicles. 

“DPWH Secretary Singson and I had discussed the matter and the BCDA andDPWH engineers are working on it already,” BCDA president and CEO Arnel Paciano D. Casanova said as he assuredthe public that the Pasig-Potrero Bridge is structurally safe and withstood thestrong lahar currents.

A Bailey bridge is a typeof portable, pre-fabricated, truss bridge. One advantage of a  Bailey bridge is that it does not require specialtools or heavy equipment to construct.

Casanova reiterated thestate-run agency’s commitment to the bridge repair, saying that “the safety andwelfare of our countrymen is always our main concern, that is why the BCDA willmake doubly sure that the repairs will proceed smoothly and quickly, and thattemporary rerouting of vehicles will be done systematically. Getting SCTEX backto 100 percent is a top priority for the BCDA,” he said.

The strong river currentinitiated by the heavy downpour  during theheight of Typhoon Maring set off  amassive erosion of up to ten  hectares ofland from the banks of the Pasig-Potrero river that caused the damage to aportion of the SCTEX.

According to Engr. JoshuaBingcang, BCDA project manager for SCTEX, strong river currents caused acombination of lahar and water to divert from the river channel and erode theembankment of the SCTEX Pasig-Potrero bridge. He said  the river current is still expanding theerosion in  the area. 

Adjacent farmlands as muchas 1-km long and 100-m wide were lost to the river, paving the way for therampaging lahar and water to slam into the bridge’s southern abutment,ultimately resulting in its erosion last Monday afternoon. 

Satellite photos fromGoogle taken before the typhoon confirm that up to ten  hectares of land had disappeared from theriverbank during the onslaught of Maring. 

“Bridge abutments aretypically engineered to be supported by soil, particularly the embankment.Unlike a bridge’s pillars, abutments are not meant to be pounded by rampaging lahar.Unfortunately, an inordinate amount of the surrounding land continues to erode,”he added.

Bingcang also noted thatthe incident was highly unusual, with no other instance of massive riverbankerosion reported in the country during the typhoon. He also stressed that thebridge itself was engineered to withstand rampaging river currents, noting thatonly the approach, and not the bridge itself, was damaged.

Bingcang also said thatrepairs on the bridge will commence as soon as the weather clears. “Togetherwith DPWH, we have already an initial assessment of the damage and we have  already come up with remedial measures tomake sure that the closed segment will be open to motorists at the shortestpossible time,” he explained.


Alternate Routes

The affected portion ofSCTEX from Clark South going to Porac remains closed for the meantime tomotorists, but the Clark-Tarlac section is open to all vehicles.

Motorists coming fromManila or Tarlac going to Subic/Tipo, are advised to exit at the Clark SouthInterchange then take the Clark Friendship-Manibaug Road going to PoracInterchange (to enter SCTEX).

Meanwhile, motorists fromSubic/Tipo going to Tarlac or Manila may exit at Porac Interchange then takethe Manibaug-Friendship Road going to Clark South Interchange (to enter SCTEX).

For traffic updates, youmay call the SCTEX hotline at 0920-96SCTEX or 3-5000.



   Reference:

        SCTEX Spokesperson:
        ENGR. JOSHUABINGCANG
        Project Manager,SCTEX Services Department
        Mobile 0917-8039429

        Public AffairsDepartment:
        Ms. LeilaniBarlongay-Macasaet
        Mobile No.0908-8998578

        Mr. Roy Victor R.Rosales
        Mobile No.0917-858292

BCDA bids out prime property along C-5

The state-owned Bases Conversion and Development Authority(BCDA) announced  that it is bidding out  a 5.2 hectare property  along the C-5 road  that is a prime location for the development of a commercial complex.

BCDA President Arnel Paciano D. Casanova said theBCDA is now inviting interested bidders to bid for the long-term leaseand development  of the 52,225-square-meter Pamayanang Diego Silang (PDS) CommercialLots at Brgy. Ususan, Taguig City.

“The Property is located along C-5 Road and Levi MarianoAvenue  with a  number of residential condominiumdevelopments within the immediate vicinity making the property a prime locationfor the development of a commercial complex,” Casanova said.

According to Casanova, the  long-term lease is for a period of 25 yearscommencing on the signing of the contract and renewable for another 25 years upon mutual agreement of the parties.

He said the property should bedeveloped in accordance with the Comprehensive Land Use Plan (CLUP) of theLocal Government of Taguig City. He noted that the property is classified as anUrban Core Zone (UCZ).

“Aside from general commercialuse, the property can be developed into general residential use, general institutionaluse,  and parks and recreation use,”Casanova said.

He noted that the UCZ, under theCLUP, is intended for compact and planned unit developments that provide forthe convenient proximity between workplace, home and amenities. Under UCZ,publicly accessible and functional open spaces are required for alldevelopments.

For her part, BCDA chairperson of the Asset Disposition Program Committee Nena D. Radoc said   he first three years of the lease shallbe a lease amount of PhP93 million inclusive of 12 percent Value-added Tax (VAT), and payable in advanceupon contract signing.

She said the minimum annual fixed lease for the 4th year (the bid) is  PhP53 million inclusive of 12 percent VAT,based on a Gross Floor Area (GFA) of 37,000 square meters or lower.

Radocsaid  that for any GFA developed inexcess of 37,000 sq.m., the winning bidder should also pay an additional leaseequivalent to 70 percent of the average lease per square meter as of the yearof completion of such additional GFA.

She added that the 4th year fixed lease shall be payable in advance on or beforethe 3rd anniversary of contract signing and succeeding annual fixed lease shallbe subject to five percent escalation every three years and payable in advanceon or before the anniversary date.

She said interested bidders may purchase the Terms of Reference (TOR) for thesubject bidding at the BCDA Corporate Center until 30 August 2013 for a non-refundable fee of PhP100 thousand  payable to BCDA in manager’s check. The TORmay also be viewed in the BCDA website at www.bcda.gov.ph.

A Pre-Bid Conference, in which the Property, the TOR, and inquiries frominterested bidders will be discussed, will be held on 30 August 2013, 10:00a.m, at the BCDA Corporate Center.

SCTEX Traffic Advisory: Alternate Route Map (Porac to Clark South Interchanges and Vice Versa

In relation to the damaged portion of SCTEX's Pasig Potrero Bridge in Porac, Pampanga, kindly refer to the attached alternate route map below. For motorists coming from Manila or Tarlac going to Subic/Tipo, kindly exit at the Clark South Interchange then take the Clark Friendship-Manibaug Road going to Porac Interchange (to enter SCTEX).

While motorists from Subic/Tipo going to Tarlac or Manila, may exit at Porac Interchange then take the Manibaug-Friendship Road going to Clark South Interchange (to enter SCTEX). For traffic updates, you may call the SCTEx hotline at 0920-96SCTEX or 3-5000.

A video showing the saturation and erosion of the properties adjacent to Subic-Clark-Tarlac Expressway (SCTEX) and redirection of the current to the approach of the Pasig Potrero Bridge, thus leading to the erosion of the embankment.

BCDA STATEMENT RE CLOSURE OF SCTEX SOUTH IN PORAC, PAMPANG

Record rainfall for the past few days has resulted in strong currents along the Pasig Potrero River, causing the saturation and erosion of the properties adjacent to Subic-Clark-Tarlac Expressway (SCTEX) and redirection of the current to the approach of the Pasig Potrero Bridge, thus leading to the erosion of the embankment.

A section of SCTEX from Clark South going to Porac has been closed as a result to ensure the safety of motorists. Rerouting of traffic flow to and from the Subic area and surrounding towns is currently being implemented, while technical assessment on the damage is ongoing.

However, the SCTEX Clark-Tarlac section remains open to all vehicular traffic.

Further advisories will follow.

CJHDevCo on a losing streak—BCDA

State agency confident of win, CJHDevCo execs’ conviction

Amid its long-standing legal battle with Camp John Hay Development Corporation (CJHDevCO), the Bases Conversion and Development Authority (BCDA) expressed confidence that it will emerge the victor, with the state agency citing CJHDevCo’s string of criminal indictments and dismissed cases relating to its P3 billion debt to the government.

Speaking at a recent media forum, BCDA president and CEO Arnel Paciano D. Casanova said that “the wheels of justice are turning, and it is only a matter of time before CJHDevCo chairman Robert John Sobrepeña and his cohorts are convicted of their crimes. We eagerly await their trial and conviction.”

Malversation, perjury trials await CJHDevCo execs

Sobrepeña, along with Alfredo R. Yniguez III and two others, has been charged with malversation by the Department of Justice for refusing to return 26 BCDA-owned hotel units located in Camp John Hay Manor and Camp John Hay Suites, Baguio City while continuing to earn from these units. Sobrepeña pleaded not guilty.

Most recently, CJHDevCo’s lawyer and spokesperson, Atty. Manuel Ubarra Jr., was charged by the DOJ with perjury before the Municipal Trial Court of Quezon City for knowingly making false accusations against the Directors of the BCDA before the Office of the Ombudsman.

In its resolution, the DOJ wrote that “respondent Ubarra is a lawyer. It needs no reiteration that the ethical standards applicable to a member of the bar, who thereby automatically becomes a court officer, must necessarily be one higher than that of the market place.”

“It is quite ironic that the person who speaks the most on behalf of CJHDevCo, one who also happens to be a lawyer, is now set to face trial for perjury. It is a glaring indicator of which party is morally upright, and which one is erring, in this whole dispute,” Casanova said.

‘Diversion tactics’
Casanova also pointed out that while the BCDA’s cases against CJHDevCo officials are making progress and headed for trial, CJHDevCo’s own cases against the BCDA have been dismissed. Recently, the Department of Justice (DOJ) dismissed the libel case filed by William Russell L. Sobrepeña, older brother of Robert John Sobrepeña, against officials of the BCDA for lack of probable cause.

“It is a pity that Mr. Sobrepeña has resorted to asking his older brother to file yet another libel case against the BCDA. It is a clear sign of desperation on their part,” Casanova remarked.

The elder Sobrepeña’s case against the BCDA is just the latest from CJHDevCo that have been junked by the courts. Previously, libel charges filed by CJHDevCo against BCDA officials were dismissed, while a perjury charge against Casanova was also junked.

“Clearly, their repeated attempts to file the same baseless charges are merely diversion tactics that aim to distract the public from the real issue—that CJHDevCo owes billions of pesos to the government,” Casanova said.

People of Baguio losing out because of CJHDevCo’

The BCDA head explained that the agency’s case against CJHDevCo, as well as CJHDevCo’s own “incurable breaches,” can have far-reaching impact on Baguio as well as the rest of the country.
Casanova added that “for the people of Baguio City, this case is not just a legal battle between corporations; it has an impact on Baguio’s residents and communities, as well as the city’s visitors and locators. CJHDevCo owes P3 billion to the government, and from this amount, P750 million belongs to the city and its people.”

“This is a huge and game-changing amount which can be used to fund infrastructure, develop livelihood and medical programs, improve Baguio’s tourist sites, and other initiatives,” Casanova remarked. “The people of Baguio are losing out because of CJHDevCo’s refusal to pay the government. That is why we are very happy that their key officials are now about to face trial. And soon, we hope to be able to reclaim their debt.”

‘We will abide by arbitration’

As the cases against Sobrepeña and other CJHDeVCo officials head to the courts for trial, the arbitration between the BCDA and CJHDevCo is likewise proceeding, which Casanova assured that the agency will abide by. “We are committed to respecting the arbitration process, and we have prepared all our documents and evidence,” Casanova said. The arbitration is expected to reach a resolution by early 2014.

Aside from the malversation and perjury charges, the BCDA had also previously charged CJHDevCo with estafa for the “double sale” of a property in Camp John Hay, and with professional squatting for the building of illegal structures within Camp John Hay.

BCDA bids out SCTEX service areas

The state-owned Bases Conversion and DevelopmentAuthority (BCDA) announced  that it isbidding out two service areas along the Subic-Clark-Tarlac Expressway (SCTEX)that is expected to enhance the convenience of motorists plying the 94-kilometer toll road.

BCDA President Arnel Paciano D. Casanova said the BCDAis now inviting interested bidders to bid for the long-term lease anddevelopment of two separate lots along the SCTEX that will be  developed as service areas.

“We are looking for partners todevelop the lots into service areas for the benefit of  the motorists plying the SCTEX,” Casanovasaid.

Casanova said the prescribedfacilities and amenities of a service area would include gasoline station, restrooms, sufficient and adequate parking slots, emergency First Aid station,potable water and lighting system, emergency vehicle repair shop andconvenience stores.

He said that each of the  two service areas namely  the Concepcion Service Area  andthe  Macangcung Service Area consist of   two hectares. The lots are located inBrgy. Santiago, Concepcion, Tarlac. The Concepcion Service Area is located at the Clark-bound/south-bounddirection of the  Clark-Tarlac segmentwhile the Macangcung Service Area is located at the  Clark-bound/north-bound direction of the  Clark-Tarlac segment.

Casanova said interested bidders couldopt to bid for both lots or just one.

According to Casanova, the lease term for eachlot shall be twenty-five years, renewable for another 25 years upon mutualagreement of the BCDA and the winning bidder.

For her part, BCDA chairperson of the AssetDisposition Program Committee Nena D. Radoc said  the minimum acceptablestarting annual Fixed Lease for each service area would be Two MillionTwo Hundred Forty Thousand Pesos, VAT-inclusive, effective onthe second year of lease and subject to an annual escalation of five percent.

She said that upon contract signing, the winning biddershould pay BCDA the Fixed Lease for the three years covering years 2 to 4 ofthe lease term.

Radoc added that starting on the fifth year of lease, the lease amount shall be thehigher of either the fixed lease, as adjusted based on five percent  escalation rate per annum, or sharein the revenues of the Lessee from its operations and sub-lessees’ revenues,equivalent to 2.5% of net sales plus 0.15% share of net sales of petroleumproducts and lubricants.

She said interested bidders could purchase theTerms of Reference (TOR) for a non-refundable fee of Fifty Thousand Pesos payableto BCDA in manager’s check from  08 to 19 August 2013 at the BCDA Corporate Center, 2^ndFloor Bonifacio Technology Center, 31^st Street, Crescent Park West,Bonifacio Global City, Taguig City. The TOR may also be viewed in the BCDA website at www.bcda.gov.ph.

She added that a Pre-Bid Conference, in which theproperty, TOR, and inquiries from interested bidders would be held on 20 August 2013, 10:00 a.m. at the BCDA Corporate Center. 

CJHDevCo lawyer indicted for perjury

The Department of Justice (DOJ) charged the lawyer and spokesperson of the Sobrepeña-led Camp John Hay Development Corporation (CJHDevCo) of perjury before the Municipal Trial Court of Quezon City for knowingly making false accusations against the Directors of the Bases Conversion and Development Authority (BCDA) before the Office of the Ombudsman.

In a resolution penned by Prosecution Attorney Gail Stephanie C. Maderazo and approved by Prosecutor General Claro A. Arellano, the prosecutors found probably cause to charge CJHDevCo Vice President for Litigation Manuel Ubarra, Jr. with the crime of perjury under Article 183 of the Revised Penal Code.

The revised penal code penalized the act of knowingly making untruthful statements under oath or in an affidavit as perjury.

It would be recalled that Ubarra filed a complaint-affidavit before the Office of the Ombudsman against the members of the BCDA Board of Directors for misconduct and neglect of duty. The complaint accused BCDA President and CEO Arnel Paciano D. Casanova of failing to act promptly on letters and requests from CJHDevCo, in violation of Section 5 of RA No. 6713 or the Code of Ethical Standards.

The 16-page DOJ resolution stated that “…respondent Ubarra did not tell the truth.”
The DOJ found that the CJHDevCo letters which were alleged by Ubarra to be either belatedly answered or ignored were not addressed to Casanova. The correspondences were, in fact, made before Casanova assumed office as BCDA President.

According to the resolution, Ubarra’s insistence on Casanova’s liability for failing to answer CJHDevCo’s letters “despite having copies of the letters allegedly sent/ignored” by Casanova where it is reflected that the signatory in fact was that of the former BCDA President and CEO Gen. Narciso Abaya undoubtedly proves that “Ubarra knowingly and deliberately knew that his statements in his Complaint-Affidavit were false.”

The resolution emphasized that Ubarra had been a lawyer for more than fifteen years and is the Vice President for Litigation when he executed and filed the subject Complaint-Affidavit. “He was mandated to study, verify and authenticate all documents and pleadings submitted to him for his company,” the resolution read.

“Most of all, respondent Ubarra is a lawyer. It needs no reiteration that the ethical standards applicable to a member of the bar, who thereby automatically becomes a court officer, must necessarily be one higher than that of the market place,” it further stated.

“We laud the action of the DOJ on finding probable cause of perjury against Atty. Ubarra. It is a victory of truth against falsehood,” Casanova said.

He added that “BCDA is confident in its cause that is founded on the truth and commitment to uphold the interest of the country.”

The BCDA views the filing of various complaints by CJHDevCo against the BCDA Board of Directors as an act of harassment that is obviously intended to derail the BCDA’s efforts in holding CJHDevco accountable for its acts and omissions.

The real issue is CJHDevco’s failure and refusal to pay rentals to the Government for their use of Camp John Hay. The rentals, which already amount to more than P3 Billion, are supposed to be turned over to the National Government and the local government of Baguio City for use in development. The local government of Baguio City stands to get 25 percent of the P3 Billion or some P720-M.

NEDA approves BCDA’s Clark Green City project

The state-owned Bases Conversion and Development Authority (BCDA) said the National Economic and Development Authority (NEDA) Board Committee on Infrastructure (Infracom) has given its seal of approval for the development of some 36,000 hectares in the Clark Freeport and Special Economic Zone into a new city half the size of Metro Manila.

BCDA President and CEO Arnel Paciano D. Casanova said the NEDA Infracom, chaired by Socioeconomic Planning Secretary and NEDA Director-General Arsenio Balisacan, has agreed to endorse the Clark Green City Master Development Plan to President Benigno S. Aquino III for final approval.

“We are very pleased that NEDA Infracom has approved our plans for Clark Green City, and hope that President Aquino will approve the project. This [project] promises to be one of the most important destinations not just in Central Luzon, but the country as a whole, for local and international residents, locators and investors,” Casanova added.

He said once President Aquino approves the Clark Green City Master Development Plan, BCDA can start the disposition and development of the property by next year.

Casanova added the development of the Clark Green City is expected to contribute in attracting investments, generating more jobs, boosting the economy and sustaining inclusive growth.
“Once at full development, Clark Green City would generate approximately P1.57 trillion per year to the economy of the country,” Casanova said. He added that jobs that will be generated will reach 925,000 jobs.

He said by developing the area which is at the moment idle land, BCDA would be able to unlock the value of the land that will benefit not only people in Central Luzon but in the rest of the country as well. He added that development of Clark Green City will generate inclusive growth because Clark Green City will provide opportunities for everyone.

Casanova noted at the heart of the 36,000-hectare property is a 9,450-hectare metropolis. “We will start by developing 1,321 hectares for the first phase,” he said

According to Casanova an approximate P59 billion will be used for the first five years of development. He clarified that the bulk of the development cost will be shouldered by the private sector since the mode of development will be through Public-Private-Partnership (PPP).

Casanova said Clark Green City is the first project of this magnitude that will be undertaken in the history of the country. “Not only are we building a new city, we are building the most modern city in the entire country,” he said.

He added that Clark Green City will also play a major role in decongesting Metro Manila not to mention sustain the country’s economic growth.

Casanova noted that Clark Green City will completely revolutionize the way people live, work and interact. “It will be a place where one’s home, place of work, and places of recreation are within walking or biking distances from each other. It will be a place where everyone is connected by both culture and technology. And with sustainability as number one priority in building the city, it is truly designed with future generations in mind,” Casanova said.

Casanova also said that the project will also serve as a showcase of what the country can offer in terms of urban planning and sustainable development.

“With the trend in building sustainable and modern cities in major countries across the world, through Clark Green City, we will be able to show our neighbors that the Philippines can likewise make a huge step in modern, sustainable development,” he said.

Sobrepeña’s libel case against BCDA dismissed

The Department of Justice (DOJ) has dismissed the libel case filed by William Russell L. Sobrepeña, older brother of Camp John Hay Development Corporation’s (CJHDevCo) Chairman and CEO Robert John Sobrepeña against officials of the Bases Conversion and Development Authority (BCDA) for lack of probable cause.

The libel charge stemmed from a notice published by the BCDA in the Philippine Daily Inquirer last April 2012, stating that CJHDevCo owed the government P3 billion. The notice also stated that the BCDA had filed an estafa case against CJHDevCo because the latter, as supposed partial payment of the debt, paid the state agency property which it had already sold to another party.

The resolution penned by Associate Provincial Prosecutor Christian Gregorio O. Follosco and approved by Provincial Prosecutor Danilo C. Bumacod of La Union state that “In the beset articles, it is effortless to decipher that the publication is a progeny of the lease agreement entered into by BCDA and CJHDevCo over a portion of lot at Camp John Hay.”

The resolution further  read that “Ensuing CJHDevCo fell short of its undertaking even at the gateway of the agreement.  Despite refinement of the provisions of the agreement, the restructuring of its obligations, and the enactment of laws that favoured CJHDevCo causing BCDA backpedalling, still, the former reneged from its contractual duties.”

The prosecutors agreed that “It is because of that invariable failure of CJHDevCo, the discovery of violations on the agreement earlier committed, and the breach unearthed by HLURB that BCDA appears to have acted, under its legislative charter, to report and inform the public of the circumstances transpiring over a property which it is bound to manage and prosper…”

‘No evidence’

In his complaint, William Sobrepeña alleged that the notice “impute various crimes against the whole Sobrepeña family,” prompting him to file the libel case.

But in its six-page resolution, the Office of the Provincial Prosecutor declared that the complainant was not in a position to file a libel case, considering that “the alleged libelous articles, while referring to ‘Sobrepeña-group’ or ‘Sobrepeña-led,’ does not readily ascribe to complainant as the person who was being referred to in the articles.”

The resolution also stated that “Robert John [Sobrepeña] is the appropriate person who should retort to the articles. Interestingly, no evidence was even presented to illustrate that the barrage against Robert John were purely baseless and unfounded.”

BCDA President and CEO Arnel Paciano D. Casanova, one of the respondents in the libel case filed by Sobrepena, hailed the dismissal of the case. “This is another legal and moral victory for the BCDA. The law has prevailed yet again, and we hail the prosecutor’s office for the dismissal of these clearly trumped-up charges,” he said.

It would be recalled that a similar libel complaint  was also filed in Baguio City by the Sobrepena-led CJHDevCo and was dismissed by the Acting City Prosecutor of Baguio City last year.

The BCDA views the filing of various libel complaints by  CJHDevco against the BCDA Board of Directors as an act of harassment that is obviously intended to derail the BCDA’s efforts in holding CJHDevco accountable for its acts and omissions.  

The real issue is CJHDevco’s failure and refusal to pay rentals to the Government for their use of Camp John Hay.  The rentals, which already amount to more than P3 Billion, are supposed to be turned over to the National Government and the local government of Baguio City for use in development. The  local government of Baguio City stands to get 25 percent  of the P3 Billion or some P720-M.

‘Sign of desperation’

Casanova also called the libel case a “futile attempt by Robert John Sobrepeña to delay the wheels of justice,” adding that CJHDevCo and its chief had previously filed two similar libel cases against the BCDA, one of which has already been dismissed.

“It is a pity that Mr. Sobrepeña has resorted to asking his older brother to file yet another libel case against the BCDA. It is a clear sign of desperation. He is no doubt aware that the law is very close to catching up with him,” Casanova said.

“But even with this latest victory, the BCDA will not rest until Sobrepeña and his cohorts pay their debts to the government. It is just a matter of time before they are convicted of their crimes,” he added.

On April 1, 2013, the Department of Justice filed malversation charges against Robert Sobrepeña and three other officials of CJHDevCo for refusing to return government-owned Camp John Hay Manor and Suites units while continuing to earn from them. Robert John Sobrepena was arraigned last June 29, 2013 before the Regional Trial Court Branch 6 of Baguio City presided by Judge Cecilia Corazon S. Dulay-Archog.