(May also be seen at http://www.businessmirror.com.ph/ca-misled-in-issuing-tro-bcda/)
CA misled in issuing TRO
THE state-owned Bases Conversion and Development Authority (BCDA) slammed the Sobrepeña-led CJH Development Corp. (CJHDevCo) for allegedly misleading the Court of Appeals (CA) to issue a Temporary Restraining Order (TRO) that has put on hold a portion of the Writ of Execution that orders CJHDevCo and all persons claiming rights under it or sublessees to peacefully vacate Camp John Hay.
The Office of the Executive Clerk of Court and Ex-Officio Sheriff of Baguio is in charge of implementing the Writ of Execution.
“CJHDevCo blatantly misled the Court of Appeals of various lies that formed the very foundation for the issuance of TRO,” BCDA President Arnel Paciano D. Casanova said in a statement. He said CJHDevCo misled the CA into believing that there was going to be violence following the end of the 30-day Notice to Vacate.
“I’m very sure that the Sheriff of Baguio who is implementing the Writ of Execution and the Notice to Vacate, and assisted by the National Police, will not start any violence.
So does that mean that the Sobrepeña-led CJHDevCo has threatened to provoke violence against the Baguio Sheriff?” Casanova asked.
Casanova also said that CJHDevCo mislead the CA by saying that the P1.42 billion is advance rental payments when, in fact, it is a refund that should be paid by CJHDevCo to the sublessees.
It will be recalled that the Arbitral Tribunal of the Philippine Dispute Resolution Center Inc. came out with its Final Award that ordered CJHDevCo to vacate Camp John Hay and promptly deliver the leased property, inclusive of all new constructions and permanent improvements to the BCDA.
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