BCDA files complaint vs Camp John Hay board, officials

by Ina Reformina, ABS-CBN News

Posted at Aug 15 2012 04:20 PM | Updated as of Aug 16 2012 12:20 AM

MANILA, Philippines - State-owned Bases Conversion and Development Authority (BCDA) filed 26 counts of malversation of public funds and 26 counts of failure to make delivery of public funds or property against the Board of Directors and officials of Baguio City-based Camp John Hay Development Corp. (CJHDevCo) and its subsidiary, Camp John Hay Hotel Corp. (CJH Hotels) in connection with their alleged refusal to return 26 BCDA-owned hotel units located in Camp John Hay Manor and Camp John Hay Suites.

The 22-page complaint, filed by the BCDA through its president and chief executive officer Arnel Paciano Casanova, is also in connection with the respondents' failure to give BCDA an accounting of revenues earned by CJHDevCo and CJH Hotels from the operations of the said rooms. The complaint was filed at the Department of Justice (DOJ).

Named respondents are the following:

- Robert John Sobrepena, chairman of the Board and CEO, CJHDevCo and CJH Hotel
- Ferdinand Santos, president and member of the Board of Directors, CJHDevCo and CJH Hotel
- Alfredo Yniguez III, executive vice-president and chief operating officer (COO) and member of the Board of Directors, CJHDevCo and CJH Hotel
- Emily Roces-Falco, chief finance officer (CFO), CJHDevCo and CJH Hotel
- Manuel Ubarra, vice-president for Litigation, CJHDevCo
- Gulshan Bedi, senior vice-president for marketing and sales, CJHDevCo and senior vice-president, CJH Hotel
- Rafael Perez de Tagle, Jr., member of the Board of Directors
- Noel Carino, member of the Board of Directors
- Raul Goco, member of the Board of Directors
- Enrique Sobrepena, member of the Board of Directors
- William Russel Sobrepena, member of the Board of Directors
- Silvestre Bello III, member of the Board of Directors
- Bobby Cafe, member of the Board of Directors
- Dennis Ignacio, member of the Board of Directors
- Heinrich Maulbecker, managing director of CJH Hotel
- Ramon Cabrera, general manager of CJH Hotel

The complaint alleges that the total value of the unreturned hotel units amounts to P121.65 million.

Respondents allegedly refused to return the units to government in spite of the lawful demand by BCDA.

The complaint further stated that CJHDevCo continues to earn from these units and has refused to provide liquidation for the earnings.

CJHDevCo has been the lessee over the BCDA administered Camp John Hay property for a period of 25 years since Oct. 1996, renewable for another 25 years.

The BCDA says the title of the 26 subject hotel rooms were given to government in 2008 as partial payment for CJHDevCo's unpaid lease rentals amounting to P2.6 billion. BCDA says it did not sign the leaseback agreement over the units since the term of the leaseback exceeded the period allowed under the lease agreement in 1996.

"We refuse to subject the government's properties to an investment arrangement which does not comply with the law and does not provide government with any protection whatsoever," Casanova said.

Respondents have yet to receive copies of the complaint.