Baguio judge inhibits on John Hay case

2 MIN READ

By ACE ALEGRE

BAGUIO CITY — Regional Trial Court Judge Mona Lisa Tabora inhibited herself from deciding on the injunction case filed by the Sobrepena-led Camp John Hay Development Corporation (CJHDevco) after granting extended and indefinite temporary restraining orders (TROs) to the lessee.

Judge Tabora’s husband’s close financial ties with the Sobrepenas was cited as her primary reason, a fact she wasn’t able to reveal at the start of the case last year.

During Wednesday’s hearing here, Judge Tabora said her husband, former Baguio City Councilor Antonio “Tony Boy” Tabora, has been receiving contributions from CJHDevco and from its director, Enrique “Jay” Sobrepena Jr.

CJHDevco however denied the Judge’s claims of contributions.

Dr. Jaimie Eloise Agbayani, president of the state-run John Hay Management Corporation also cited that another Tabora – Nicolas Tabora—a brother-in-law sits as a member of the John Hay Poro Point Development Corporation (JPDC).

Many were surprised however that Tabora’s ties were not immediately revealed, despite the fact that she has been granting extended and indefinite TROs in favor of the CJHDevCo.

More essentially, the judge’s belated disclosure has effectively delayed the resolution of the case and government fears that CJHDevco will capitalize on the situation to further delay and evade paying its P3 billion debt to government.

According to the JHMC, CJHDevco has been using courts to evade payment of its P3 billion debt.

A civil society leader, Gil Bautista, also said that CJHDevco’s filing of an arbitration case was “just part of its delaying tactics, which has deprived Baguio City of its share in the lease payments.”

Bautista also said Baguio stands to receive P750 million as 25% share once BCDA collects the P3 billion from CJHDevco.

The injunction case was filed by CJHDevco after when it feared an alleged government takeover of its properties after it unilaterally rescinded the contract with the Bases Conversion and Development Authority (BCDA), despite the fact that the lessee was the one who owed government P3 billion in rent arrears.

CJHDevco unilaterally rescinded the contract with BCDA January this year to evade payment of its P3 billion debt for the lease of 247 hectares of the John Hay Special Economic Zone (JHSEZ).

After realizing that it no longer has a working agreement with the government, CJHDevco filed for a temporary restraining order to prevent a possible government takeover of its facilities in the JHSEZ.

A three-day TRO was granted in January 24, which was extended for another 17 days. During the second hearing on February 27, Judge Tabora required the parties to submit their respective memorandums by March 7 after which she will decide he case.

But on Wednesday, she inhibited herself from the case after disclosing her husband’s ties with CJHDevco and the Sobrepenas, hence further delaying the resolution of the case, said BCDA president and Chief Operating Officer (CEO) Atty. Arnel Paciano Casanova here after the hearing. Further delays deprives of the government and Baguio City of its much needed revenue for development projects in and out of the city.

“The city should have received 25 percent of the lease, amounting to P750 million but with such drags, the people are shortchanged,” said Agbayani.

The case will then be raffled off to another judge next week. # nordis.net