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.
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.
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