BCDA CHARGED WITH P100 MILLION FOR FALSE ADS

Arnel Casanova, BCDA president, caused the publication of false statements about Camp John Hay DevCo

PHILIPPINE STAR

MANILA, Philippines – The private developer of Camp John Hay in Baguio City filed yesterday a criminal complaint against officials of the Bases Conversion Development Authority in connection with their conflict over the BCDA’s attempt to take over the leased property.

Represented by former solicitor general Francisco Chavez, Camp John Hay Development Corp. (CJHDevCo) vice president for litigation Manuel Ubarra Jr. and his colleagues accused BCDA executives of deliberately maligning their reputation in a paid advertisement in a newspaper that accused them of “double sale of a log home in Camp John Hay.”

The complainants demanded P100 million in damages from BCDA president and chief executive officer Arnel Paciano Casanova and board directors Felicito Payumo, Zorayda Amelia Alonzo, Teresita Desierto, Ma. Aurora Geotina Garia, Ferdinand Golez, Elmar Gomez and Maximo Sangil.

In the complaint, the CJHDevCo accused the directors of violating Article 353 of the Revised Penal Code.

The BCDA’s paid ad stated: “The Government, through the Bases Conversion and Development Authority (BCDA), wishes to inform unit owners of the Manor Hotel, Suites Hotel, Log Homes, Cottages and other properties in Camp John Hay, Baguio City, that: BCDA filed a criminal case for estafa (swindling) against Robert John Sobrepena (sic) and other officers of the Camp John Hay Development Corp. for the double sale of a log home in Camp John Hay.”

The BCDA had also alleged that the “property was given by CJHDevCo as payment-in-kind to BCDA as part of the settlement of its debt which now totals P2.9 billion. CJHDevCo deliberately and fraudulently withheld from BCDA the fact that it had previously sold the property to another party.”

Just last week, CJHDevCo had filed before Manila prosecutor’s office a complaint for perjury against Casanova for misrepresenting facts in filing the estafa complaint against its officials before the Department of Justice last March.

CAMP JOHN HAY DEVCO SUES BCDA FOR P100 MILLION

BAGUIO CITY—The developer of Camp John Hay on Tuesday filed a P100-million libel suit against the board of directors of the Bases Conversion and Development Authority (BCDA) for a newspaper advertisement addressed to its clients on April 10 that called attention to the company’s alleged “questionable business practices.”

The suit was addressed to BCDA Chair Felicito Payumo, the agency’s president, Arnel Paciano Casanova, and board directors, Zorayda Amelia Alonzo, Teresita Desierto, Ma. Aurora Geotina-Garcia, Ferdinand Golez, Elmar Gomez and Maximo Sangil.

Former Solicitor General Frank Chavez, one of CJHDevco’s lawyers, said the P100-million damage claim was “not enough to compensate for the damage done [to CJHDevco].”

“We draw the line for the oppression inflicted on CHJDevco,” said a statement issued by the company quoting Chavez.

“This is a day of reckoning,” he said.

Since December 2011, CJHDevco and the BCDA have waged a public dispute over contractual violations dating back to 1996 in the course of converting the former American rest and recreation baseland into a tourism complex.

Speaking at a news conference, Chavez said the BCDA’s advertisement and news releases also smeared the reputation of other firms run by businessman Robert John Sobrepeña, CJHDevco chair.

The libel complaint said the articles and advertisement “reveal the fiendish attempt [of the BCDA] to condition the minds of the public.”

The BCDA’s two-page advertisement, published by other Metro Manila newspapers in April, informed investors that their contracts with CJHDevco should not last beyond Oct. 18, 2021.

“The BCDA’s own records … clearly show that it has tacitly acknowledged that the lease shall be effective ‘until Oct. 7, 2046’ [according to the] Limited Warranty Deed issued in its favor over log homes in Camp John Hay, units at The Manor [and] units at The Suites,” the complaint said.

The advertisement also informed CJHDevco clients that the BCDA had filed a fraud case in March against Sobrepeña and CJHDevco’s top officials for “deliberately and fraudulently” withholding the fact that a luxury log home it gave up in 2008 to settle its debts had been sold to a previous buyer, Wilson Sy.

On June 14, CJHDevco filed a perjury case against Casanova for pursuing the fraud case using a false premise.

The company cited a May affidavit by Sy, who said that he had demanded a refund of his P20-million initial payment for John Hay Log Home No. 9 because he had lost interest in the property.

The perjury and libel complaints were filed by lawyer Manuel Ubarra Jr., CJHDevco vice president for litigation.

“Members of the reading public … are being induced to coordinate with the BCDA supposedly to protect their rights as it is implied that failure to do so might lead to the loss of their investments due to CJHDevco’s purported questionable practices,” said the libel complaint.

Alfredo Yñiguez III, CJHDevco executive vice president and chief operating officer, said the company has been unable to market its luxury homes and hotel units because of the advertisement. Vincent Cabreza, Inquirer Northern Luzon

ARNEL CASANOVA, BCDA FACE P100-MILLION LIBEL SUIT

The legal battle has escalated between the Camp John Hay Development Corp. and the Bases Conversion Development Authority, with the private developer filing a P100-million libel suit against the board of directors of the state agency.

In his complaint, Manuel T. Ubarra Jr., vice president of the CJHDevCo, accused the BCDA board of directors of maligning the reputation of CJHDevCo when it caused the publication of a libelous advertisement.

The accused are Arnel Paciano Casanova, president and chief executive officer of BCDA, Felicito T. Payumo, Zorayda Amelia Alonzo, Teresita Desierto, Ma. Aurora Geotina Garia, Ferdinand S. Golez , Elmar Gomez and Maximo L. Sangil.

But the BCDA said the legal suit was a last-ditch move to evade the contractual obligation of the developer.

It described the case as a smokescreen to cover up the real issue, which is CJDHDevco’s non-payment of lease to the government.

The BCDA “maintains that its published notices were based on findings of facts, orders and resolutions issued by various government agencies.”

Former solicitor general Francisco Chavez, who served as counsel and accompanied Ubarra in filing the complaint, explained the decision to charge the BCDA officials.

“We draw the line for the oppression inflicted in CHJDevCo. We are seeking redress for their acts which cause dishonor and infamy to the officers of CHJDevCo,” Chavez said. “Clearly, the honor and reputation of CJHDevCo and its officers have been deliberately, wantonly and fraudulently tarnished by BCDA’s malicious advertisement, done through its Board of Directors.”

Earlier last week, a complaint for perjury was filed by CJHDevCo before the Manila Prosecutors Office against Casanova for misrepresenting facts in connection with a pending estafa complaint before prosecutors.

The libelous statement read in part: “The Government, through the Bases Conversion and Development Authority, wishes to inform unit owners of the Manor Hotel, Suites Hotel, Log Homes, Cottages and other properties in Camp John Hay, Baguio City, that BCDA filed a criminal case for estafa (swindling) against Robert John Sobrepena (sic) and other officers of the CJHDEVCO for the double sale of a log home in Camp John Hay”.

The first sale of the log home bought by a certain Wilson Sy was subsequently rescinded by Sy and became the basis of the perjury complaint filed against Casanova.

The libelous ad also said the “property was given by CJHDEVCO as payment-in-kind to BCDA as part of the settlement of its debt which now totals 2.9 billion pesos. CJHDEVCO deliberately and fraudulently withheld from BCDA the fact that it had previously sold the property to another party.”

Ubarra said the BCDA caused the publication of articles that was calculated to induce in the minds of the reading public a belief that CJHDevCo and its officers engaged in fraudulent business practices.

Last week, Ubarra also filed a complaint for perjury against the BCDA president before the Office of the City Prosecutor in Manila.

(Published in the Manila Standard Today newspaper on /2012/June/20)

TONG PAYUMO FACES P100 MILLION LIBEL SUIT

http://news.manilastandardtoday.com/2012/06/20/bases-agency-faces-p100-m-suit/

PERJURY RAPS FILED AGAINST BCDA’S ARNEL CASANOVA

Camp John Hay developer, CJH Development Corporation (CJHDevCo), today filed a criminal case for Perjury against Bases Conversion Development Authority (BCDA) President Arnel Casanova, at the Prosecutor’s Office of the City of Manila.

         In a Complaint-Affidavit executed in behalf of CJHDevCo, Atty. Manuel T. Ubarra, Jr., CJHDevCo Vice President for Litigation, charged Mr. Casanova with perjury for falsely stating under oath in a complaint filed before the Department of Justice (DOJ) that CJHDevCo allegedly concealed from BCDA that a property transferred to the latter in 2010 in payment of CJHDEVCO’s rental obligations was subject of a prior sale, and on that basis, fraud was supposedly committed against BCDA.

“Mr. Casanova had the opportunity to verify that no prior sale was in existence at the time CJHDEVCO transferred the property in question to BCDA in 2010.  He personally spoke with the lawyer of the alleged prior buyer, which lawyer is, in fact, a close friend of Mr. Casanova.  Talks between Mr. Casanova and the lawyer of the supposed first buyer and documents made available to Mr. Casanova in those talks, could not have led to any other conclusion other than the fact that the said buyer abandoned his interest in the property way back in 2001, or 10 years before the property in question was transferred to BCDA,” stated Atty. Frank Chavez, CJHDevCo Legal Counsel.

“What puts the final nail in the coffin of Mr. Casanova, so to speak, is the fact that even if he already knew fully-well that the alleged buyer had abandoned all interest in the subject property, he still proceeded to maliciously file a complaint for fraud allegedly committed by CJHDevCo in the transfer of the said property to BCDA,” Atty. Chavez added.  “Unfortunately, for Mr. Casanova, because of the malicious filing of the complaint by BCDA, the alleged prior submitted before the DOJ his very own sworn personal statement that he had abandoned all interest in the property way back 2001, a fact which confirms the position of CJHDevCo”, Atty. Chavez said.

Atty. Chavez further added, “Mr. Casanova has been very arrogant in his pronouncements that he is ready for any suit that might be filed against him in this dispute with CJHDevCo since it comes with the job.  Well, Mr. Casanova, as a public official, holding the highest office in the BCDA, should also exercise due diligence in the exercise of his authority, to ensure that the reputations of private citizens, who are supposedly his “bosses”, following the tone of President Aquino, are not unduly besmirched because he did not do his homework completely.”

Atty. Chavez also said that CJHDevCo remains steadfast in its conviction to prosecute this Perjury case against Mr. Casanova up to the very end.  “CJHDevCo will proceed against Mr. Casanova to the fullest extent of the law for the falsehoods he has made before the DOJ thru his baseless complaint of an alleged double sale to BCDA”, said Atty. Chavez.  “It does not matter one bit even if this Perjury case takes a long time to resolve and even if Mr. Casanova is out of government service, we will continue to prosecute this case, to right the wrong done by Mr. Casanova in maliciously maligning CJHDevCo through a clearly baseless suit,” said Atty. Chavez.

ARNEL CASANOVA FACES PERJURY CHARGE

BCDA President Arnel Casanova now faces a hundred-million-peso lawsuit for the perjurious statements he made about Camp John Hay Development Corp.