BIZ BUZZ: Sobrepeña group not waving white flag

The Supreme Court ruled in October last year to “deny with finality” any motions for reconsideration of the decision ordering CJH Development Corp. to vacate Camp John Hay in Baguio City and in turn allow the Bases Conversion and Development Authority (BCDA) to recover the prized asset.

Basically, the Supreme Court’s unanimous decision affirmed the 2015 arbitral award as well as reinstated the writ of execution and notice ordering CJH DevCo to vacate the premises within Camp John Hay. The decision in favor of BCDA has “become final and executory” and has been “recorded in the Book of Entries of Judgments.”

But even if it seems that the ruling could not be any clearer, it looks like CJH DevCo led by the group of Robert Sobrepeña is not about to pack up and leave the contested former American rest and recreation area. Not without another fight, that is.

An unsigned white paper issued to investors/homeowners/locators in Camp John Hay supposedly coming from CJH DevCo said that the Supreme Court’s decision was “not final and executory,” which means that it still has the right to file motions for reconsideration of the decision.

“CJHDevCo certainly intends to timely exercise its right, and show why you—our dear investors, locators and residents—should not be evicted. For this reason, until CJHDevCo’s Motion for Reconsideration and other motions are resolved with finality by the Supreme Court, the Supreme Court’s decision cannot be enforced, much less used to try to evict CJHDevCo,” it said.

The group said that it believes that it has “strong grounds” to seek a “reversal” of the Supreme Court’s decision that the BCDA is now using to enforce its rights over the property and other assets in the special economic zone.

So confident is CJH DevCo that according to Biz Buzz sources, it continues to market John Hay assets to investors. Some of them have actually turned over payments, seemingly blissfully unaware of the bitter and long drawn out legal dispute that will likely complicate their purchase and has also prevented the full potential of Camp John Hay from being unleashed.

Something obviously has to give in this scenario. Question is, who will win out in the end? Abangan! —Tina Arceo-Dumlao

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