The 1,631 investors, locators, shareholders and sub-lesses are have formed an alliance and are fighting back to protect their rights in Camp John Hay. They have filed a petition to the Court of Appeals to clarify and set the record straight. A temporary restraining order (TRO) was also asked to stop the Baguio RTC from evicting property owners who acted in good faith.
The Philippine Civil Code Article 1385 provides that an order for mutual restitution cannot include properties currently in the possession of third parties who acted in good faith.The locators are protected under the law and acquired their investments in good faith, they are using every resources at their disposal to hold on to their possessions.
Concerned property owners have sought the intervention of President Aquino for fear of losing their hard earned investments in the former US military base. In an open letter to the president investors at Camp John Hay the property owners said that they needed the chief executive’s assistance for BCDA to unconditionally honor under the terms which they invested. Further, they stated that the BCDA offered an option that they could keep their property on the conditions stated in a deed of assignment. The deed of assignments has provisions that would give BCDA an unconditional and irreversible power of attorney to force property owners to appear before any court to testify against CJHDevco and to pre-agree to any future and unknown terms and conditions that the BCDA might see fit. This was proven by the documents provided by a foreign retiree, who requested anonymity for fear of reprisal.
This issue was brought to the attention of Congress wherein a lawmaker has filed a resolution calling for a congressional inquiry into the alleged mismanagement of BCDA of Camp John Hay.
As a last resort, property owners will file a case against BCDA if they are forcibly evicted from their property by the government agency. They are protected under the law and governed by the law of contracts and obligations.
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