29/04/2025
‼️ JUST IN ‼️
3rd Party Claims Filed Against CJH Development Corporation
On Tuesday, 15 April 2025, the first batch of 3rd Party Claims were filed by residential unit owners of Camp John Hay before the Office of the Ex-Officio Sheriff, RTC-Baguio City.
Why Are Unit Owners Filing Claims?
1. Unit owners, PAID SUBLEASE RENTALS IN FULL to CJH DEVCO in consideration of its promise of the use and enjoyment of their property until 2046.
2. The remaining term of 21 years was interrupted when the Lease Agreement between BCDA and DEVCO was rescinded by the Supreme Court.
3. As a result, on January 2025, the unit owners were served notices to vacate by the court sheriff. Unit owners were forced to sign new contracts and pay additional sublease rentals to BCDA, so they can keep their property until 2050.
4. Unit owners are now seeking reimbursement from DEVCO in order to pay BCDA. Unit owners are asking for reimbursement in full of necessary, useful and ornamental as possessor/builders in good faith and under the law.
5. By filing this 3rd party claim, the unit owners are asking the court sherif to secure their claims from the 1.4 billion that BCDA ordered to reimburse to DEVCO as per the Supreme Court decision.
6. The reimbursement the unit owners will secure from DEVCO will be used to pay BCDA under new contracts of sublease
As alleged in the 3rd Party Claim,
“by filing this 3rd Party Claim. Claimants have been legally advised that the proper course of action is to proceed against the Php 1.4 Billion rentals that CJHDC is supposed to be reimbursed by BCDA pursuant to the aforesaid Supreme Court decision. In return, as a matter of elementary logic, the relevant provisions of law and even a sense of basic fairness dictate CJHDC should likewise reimburse the herein Claimants for the assignment price they paid to it.”
Waiving the 1.4 Billion
1. BCDA was ordered by the Supreme Court to reimburse the amount of Php 1.4 billion to DEVCO.
2. DEVCO offers to waive the Php 1.4 billion if BCDA will honor the contracts of the unit owners. However, this offer is illegal because it contradicts the Supreme Court’s decision which is final and executory.
3. This offer of DEVCO will EXPIRE this week (April 30, 2025). BCDA has taken the legal position that it cannot accept this UNLAWFUL offer.
4. DEVCO will pursue its pending petition for money claim before COA.
5. DEVCO also has not made a commitment that it will reimburse the unit owners if and when it is paid by BCDA.
Additional Legal Actions
1. The filing of 3rd Party Claims is without prejudice to:
- A separate suit for Damages.
- A potential criminal case for Syndicated Estafa against Mr. Robert Sobrepena and involved CJHDC directors/officers, citing a pattern of fraud from sale of unit until even after the Supreme Court rendered its decision.
CONCLUSION
THE UNIT OWNERS MUST PURSUE THEIR MONEY CLAIMS AS SOON AS POSSIBLE AGAINST DEVCO BEFORE COA AUTHORIZES THE RELEASE OF REIMBURSEMENT TO DEVCO.
FOR MORE DETAILS AND LEGAL ASSISTANCE, PLEASE CONTACT THE COORDINATION TEAM:
0976-306-4179
