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Monday, January 5, 2015

Court clears Robert Sobrepeña in Estafa Case



Businessman Robert John Sobrepena, chairman of Camp John Hay Development  Corp., has been cleared of charges of estafa filed in a Pasay City court by Arnel Casanova, president of the state-run Bases Conversion and Development Authority.
Pasay RTC judge Pedro De Leon Gutierrez ruled that contrary to Casanova’s claim that CJHDevco had reneged on its rental obligations as longtime private partner, it was actually a slew of factors—mostly traceable to BCDA—that led to a deferral of the  lease payments on this ex-US military base once known as Camp John Hay.

More importantly, Judge Gutierrez said that far from being a unilateral move by CJHDevco, the rental payment suspension was permitted by the pre-Casanova BCDA by virtue of three (3) Memorandums of Agreement (MOAs) approved not only by then-chairman and now-Public Works Secretary Rogelio Singson but by the Office of the President (OP) and Office of the Government Corporate Counsel (OGCC) as well.
In response to this RTC’s dismissal of Casanova’s estafa case against Sobrepeña, CJHDevco executive vice president (EVP) & chief operating officer (COO) Alfredo Yñiguez said that, “At the onset, we knew this was a harassment case. The board was cleared of charges by the prosecutor in June so it was odd that a case was still filed against Mr. Sobrepeña.”
Contrary to BCDA’s claim, ,this Philippine Dispute Resolution Center Inc. (PDRCI)  arbitration case actually stemmed from at least ten (10) MOA and RMOA violations by BCDA, namely the:
1.    Delay in the release of the Environmental Compliance Certificate (without which not even groundbreaking could be done) until two (2) years into the project;
2.    Delay in the turnover of 32 hectares of the leased area (done only in May 2000);
3.    Failure to deliver some 79% of the 18-hectare developable footprint of the leased property;
4.    Failure to immediately demolish pre-1996 existing structures within the leased property at JHSEZ (completed only in 2003);
5.    Supreme Court’s withdrawal of the tax and duty incentives within the leased JHSEZ area as warranted by BCDA;
6.    Failure to secure approval by the Commission on Audit (COA) for the BCDA-CJHDevco MOA) dated July 14, 2000;
7.    Delay in the issuance of the implementing rules and regulations (IRR) for the JHSEZ; (accomplished only in 2000);
8.    Delay in securing a MOA with the Bureau of Customs (BOC);
9.    Failure to work on the lifting of the local ban on the processing and issuance of all developmental, building and tree-cutting permits within JHSEZ from August 2004 to 2007; and
10. Non-creation of the mandated One Stop Action Center (OSAC) to process and issue all  national and local developmental permits and other permits needed by CJHDevco and its locators.
  “This decision only emphasizes that Mr. Sobrepeña and CJHDevCo have always been upfront and transparent in our dealings with BCDA,” added Yñiguez


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