A stronger state hand to preserve Camp John Hay

Camp John Hay, since decades ago, has been one of the remaining patches of land in Baguio City, which has remained green and clean. What with the towering pine trees and the sight of cottages that dot the multi-hectare prime land. It is well that the camp is under the watchful eye of the Bases Conversion and Development Authority (BCDA), which has been known for its excellent stewardship of assets that were formerly American military bases or Philippine base lands.

It is, therefore, unfortunate that this prime property is now the subject of a dispute between BCDA and CJHDevco (Camp John Hay Development Corporation) led by Robert Sobrepena. It is now public knowledge that Sobrepena’s group owes BCDA P3 billion in-unpaid lease payments. It is unfortunate that the partnership with CJHDevco is not as productive as those with other corporations like the prestigious Ayala Group and Megaworld.

The information I gathered tells me that CJHDevco also acknowledged its billion-peso debt, because it was CJHDevco who requested for a restructuring of these debts, and such requests were granted. And the terms became easier and easier for the lessee-developer to meet. And yet, instead of being true to its commitments, CJHDevco only recently rescinded the restructured agreement with BCDA, and unilaterally so.  Observers said that the one who has been remiss in its obligation is now the one crying foul.

The government of President Aquino must now take a stronger hand to preserve this valuable asset in Baguio. The same stronger hand should be used to compel CJHDevco to pay its P3-billion arrears. The government, through BCDA, must be resolute and tough-minded about this.

Obviously, the BCDA is not the problem in this soured partnership with the Sobrepena group. It is the latter group, which has so much to answer for.

BCDA has had no problem with the Ayalas. The state firm has partnered with Ayala Corporation in developing the former Fort Bonifacio, and look what beautiful “city” within a city BCDA and Ayala have built together. BCDA is likewise developing the Newport City, the former Villamor Airbase with Megaworld – and, from its sprawling expanse of land, rows of hotels and entertainment centers with five star amenities have emerged.

As a general rule, those who partner with BCDA have kept their word, developed the piece of property and paid their lease or rentals.

BCDA kept its word when it built the country’s longest expressway ahead of schedule. The tollway traverses Tarlac, Pampanga and Bataan. Definitely, BCDA is good news. If the Sobrepena group does not want to be bad news, it must now begin paying its billion peso debts.

Observers say that the Sobrepena group is running out of tricks of the trade. My advice is simply to abandon those tricks and adhere to time-honored best practices in business, follow rules of truth telling, practice ethical management and pay one’s debts.

Should we now say beautiful Camp John Hay deserves a better developer-lessee other than the Sobrepena group? More to the point: We wish to see government exhaust all options to preserve and have a modicum of control over John Hay, and not allow any private sector partner to exploit, then leave it in disarray. A stronger hand on John Hay is long overdue.

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Presiding Justice Jesus M. Elbinias of the Court of Appeals passed away last January 22, Sunday, last week. He was 82 years old.

The late PJ was a good friend of this columnist, who admired his being a legal luminary; book author and publisher, educator, professor, and bar examiner, newspaper columnist, radio commentator, articulate conversationalist.

 He was a songwriter and composer. He wrote the words and music of the Supreme Court Hymn, Court of Appeals Hymn, Philippine Judiciary Hymn, and Ombudsman Hymn, among many others. A member of the International Board of Magicians, he practiced hypnosis and magic, thrilling young and adult audiences with fascinating tricks.

His wife Gin said a long time ago that Jess spent practically all his salary on books, whose topics ranged from theology to history to mathematics to metaphysics, science and fiction. He was such an engaging conversationalist one would have to extend one’s visiting hours to listen to him.

Jess’ son Michael, now an associate justice of the Court of Appeals, gives us information on his father. He was raised in Dulawan (now Datu Piang), Cotabato. There, he grew up among his Muslim friends, and evacuated in places where they hid during the Japanese occupation.

After the war, the family moved to Midsayap. His high school days were spent in Cotabato City where he still maintained his Muslim ties. Naturally, he spoke fluently the Maguindanaoan dialect. 

His mother, half-Muslim, half-Fukienese, was a very strict disciplinarian.  When he was off to mischief, his mother would charge him in the streets of the city, calling the attention of the police to help her catch the itinerant son.

At a young age of ten, he was jailed for throwing stones over the roof of a building where graduation rites were held.  His father made him stay in jail overnight where the guards told him horror stories in jail.

He could have been valedictorian in high school but for having taken it only for three years, he became ineligible.

He excelled in Silliman University in Dumaguete where he took his pre-law and law proper. In Silliman, he won in contests, such as in poetry, and in oratory. He was Best Orator, Best Speaker and Best Debater in inter-collegiate contests.

Jess first joined the judiciary on Jan. 30, 1976 as judge of the Court of First Instance in Palawan. He was transferred to the Court of First Instance of Bulacan, and reappointed as Regional Trial Judge at Makati City.  President Corazon C. Aquino appointed him associate justice of the Court of Appeals on Jan. 31, 1987.

He was chairman of the Supreme Court E-Commerce Committee, and of the Technical Panel for Legal Education under the Commission on Higher Education (CHED). He was a member of the Board of Pardons and Parole, and was appointed chancellor of the Department of Justice Academy. He was also a three-time bar examiner.

His professional involvements also included being a member of the IBP Journal editorial board, a member of the governing board of the Institute of Judicial Administration, a member of the SCRA board of editorial consultants, Ateneo professor in Trial Technique and Criminal and Civil Procedures, remedial law lecturer at the UP Law Center, awardee of the Professorial Chair in Law at FEU, professorial lecturer at the Philippine Judicial Academy, adviser of the Philippine Association of Law Professors, president of the Philippine Judicature Society, publisher of The Judicature News,  and editor of the Trial Lawyers Magazine.

 He wrote the famous trial technique book called The Trial Complex: Multidisciplinary Approach to Courtroom Advocacy.

Jess left behind his wife Gin, children Michael, Shirley and Sheilah, daughter-in- law Maritess and sons-in-law Zenas and Ed, and grandchildren Miggi, Marco, Nina, Sam and Stefi.

His remains lie in state at Agoncillo, Funeraria Paz, Sucat, and Paranaque City. Interment will be at the Manila Memorial Park after the 9 a.m. mass on Sunday, January 29.

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My e-mail: [email protected]