Camp John Hay Unit Owners Protest Illegal Takeover

Camp John Hay Unit Owners Protest Illegal Takeover by BCDA

BAGUIO CITY — Unit owners at Camp John Hay have raised fresh alarms over what they call an illegal and abusive takeover by the Bases Conversion and Development Authority (BCDA). They accuse BCDA and court sheriffs of forcibly enforcing writs and break-open orders wrongly applied to private leaseholders.

Legal representatives for a Forest Lodge condominium owner recently filed a letter with the Regional Trial Court in Baguio, arguing that BCDA’s actions violate both the 2015 Final Arbitral Award and a 2024 Supreme Court ruling. According to counsel, these rulings only reinstated the legal execution between BCDA and the developer, CJH Development Corporation (CJHDevCo), but did not authorize eviction of homeowners who were never part of the original arbitration. The letter described the forced entries as a “grave abuse of discretion.”

Jurisdiction Dispute Fuels Homeowners’ Resistance

The main issue at the heart of the unit owners’ protest is jurisdiction. They maintain the court never gained personal jurisdiction over them, since they were not included in the initial legal dispute. However, eviction notices sent to homeowners cited a broad clause stating “and all persons claiming rights under them,” which homeowners say improperly extends the writ beyond the intended parties, BCDA and CJHDevCo.

Homeowners also point to the arbitral award’s language directing a return to the “original position” where possible, while recognizing third-party rights. Nowhere in the award do they see authorization for evicting lawful sub-lessees or private buyers who secured leases under government-approved contracts.

Concerns Over Enforcement Timing and Scope

The timing of the enforcement actions further troubles homeowners. The writ of execution dates back to April 14, 2015, making it a decade old. Although the Supreme Court reinstated the writ in 2024, homeowners argue that this does not override expiration rules or justify broad enforcement. They also note that a break-open order from January 31, 2025, specifies certain units for forced entry, yet sheriffs reportedly attempted to enter units not listed in the order.

Homeowners Demand Halt to Forced Evictions

In response, the homeowners’ lawyers formally demanded the ex officio sheriff stop enforcement within five days or face legal consequences. Threatened actions include charges for indirect contempt, administrative complaints with the Office of the Court Administrator, and separate complaints to the Ombudsman and Department of Justice for wrongful execution. The legal team cited Rule 39, Section 16 of the Rules of Court, which requires sheriffs to respect third-party rights if they were not part of the original case.

Legal Battles Shift Focus to BCDA

As tensions escalate, court records confirm that the lawsuits now target BCDA instead of CJHDevCo. Twelve petitions for quieting of title have been filed by homeowners asserting valid leasehold rights until 2046. Additional petitions from other residents are in preparation. Meanwhile, a class suit led by former Baguio City Mayor Mauricio Domogan challenges BCDA’s revocation of thousands of John Hay golf club memberships.

BCDA Stands Firm Amid Growing Legal Challenges

Despite the mounting cases, BCDA has not yet issued an official statement. The agency maintains its January 2025 takeover of the 247-hectare estate complied with the Supreme Court’s directive. However, homeowners counter that the directive never authorized evictions of lawful sub-lessees whose contracts had government approval.

With numerous cases pending and others expected, the dispute at Camp John Hay is far from resolution. For hundreds of families, the stakes go beyond property lines—they challenge whether the government will honor long-standing commitments to private investors and uphold due process before stripping away rights and investments.

For more news and updates on Camp John Hay unit owners, visit Filipinokami.com.

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