𝗕𝗔𝗚𝗨𝗜𝗢 𝗖𝗢𝗨𝗡𝗖𝗜𝗟𝗢𝗥 𝗣𝗥𝗘𝗦𝗦𝗘𝗦 𝗕𝗖𝗗𝗔 𝗧𝗢 𝗣𝗥𝗢𝗩𝗘 𝗖𝗢𝗡𝗦𝗘𝗡𝗧 𝗙𝗢𝗥 𝗖𝗔𝗠𝗣 𝗝𝗢𝗛𝗡 𝗛𝗔𝗬 𝗗𝗘𝗩𝗘𝗟𝗢𝗣𝗠𝗘𝗡𝗧𝗦

𝘚𝘲𝘶𝘢𝘵𝘵𝘦𝘳𝘴 𝘢𝘯𝘥 𝘣𝘶𝘪𝘭𝘥𝘦𝘳𝘴 𝘪𝘯 𝘣𝘢𝘥 𝘧𝘢𝘪𝘵𝘩

“Could the BCDA and JHMC show us a document to prove that they secured the consent of the City of Baguio before entering Camp John Hay and introducing development projects as mandated by Section 27 of the Local Government Code?”

This was the challenge presented by Councilor Fred Bagbagen during his privileged speech before the Baguio City Council on September 16, 2024.

Bagbagen further stated that if BCDA and JHMC are unable to provide the requested evidence of consent from the city government, they would be considered “squatters” and “builders of bad faith.”

He took a further swipe at BCDA and JHMC by mentioning Article 449 of the Civil Code of the Philippines which states, “he who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without the right to indemnity.”

The privilege speech pondered on the “unfulfilled” 19 conditionalities and denounced the BCDA and JHMC for failing to honor their agreements with the city government.

In his speech, Bagbagen criticized Engr. Bobby Akia, CJHMC building official, for denying the 19 conditionalities. During the special session of the city council on August 29, 2024, Akia said that the 19 conditionalities had not been included in the development of the Camp John Hay (CJH)Master Development Plan. Bagbagen described this statement as a “self-serving allegation.”

In 1994, a portion of the former CJH was designated as the John Hay Special Economic Zone (JHSEZ) through Proclamation No. 420 issued by then-President Fidel Ramos. The city government supported this proclamation through city council resolutions and affirmed the designation but set conditions for the development of the area. A master development plan was later created and approved which aligned with the 19 conditionalities set by the city council to guide the area’s development.

Condition No. 14 of the agreement between the BCDA and the city government mandates that all affected barangays be excluded from the John Hay Reservation. For decades, the city government has been making efforts to persuade the BCDA to fulfill this condition, but to date, the 13 barangays remain unsegregated.

During the city council’s special session on August 29, 2024, where city officials engaged BCDA and JHMC representatives in a dialogue regarding various unresolved issues, it was revealed that the BCDA is currently negotiating with the affected barangays.

Bagbagen described these negotiations as problematic since they bypass the necessary involvement of the local government unit. Furthermore, he said the certifications of recognition issued by the BCDA to residents are legally insignificant, giving residents false hope of ownership.

He stressed that until the barangays are formally excluded from the reservation, the residents cannot secure land titles, and governance issues will persist.

“The residents are occupying areas which are not yet alienable and disposable as they are still within the John Hay Reservation,” Bagbagen stated.

He claimed that if the BCDA recognizes individual properties within these barangays but neglects to address the larger open spaces and common areas, the barangays might be unable to utilize these spaces for community needs or allocate resources effectively as these areas would remain under BCDA ownership.

To cite a concrete example, Bagbagen cited the situation in Scout Barrio Barangay (one of the 13 barangays), where residents have received individual property titles but face issues with BCDA attempting to take over open spaces, including a school that was forcibly closed. He cited former punong barangay Jun Bacungan who noted that the BCDA had not contributed to the barangay’s maintenance.

It can be remembered that the city council passed a resolution requesting President Ferdinand Marcos Jr. to issue an executive order transferring open spaces and institutional areas in Scout Barrio Barangay to the city government. Bagbagen expressed fear that the other barangays could face similar problems such as restrictive measures and lack of effective governance.

He further emphasized that, according to the Local Government Code, barangays must be contiguous, and their creation, division, or abolition requires both legislative action and a plebiscite. He argued that the BCDA and JHMC’s proposed segregation method, which could result in fragmented barangays without legislative approval or a plebiscite, would violate these legal requirements and would abolish the existing 13 barangays without following proper procedures.

Aside from Condition No. 14, other contentious conditions under the 19 conditionalities are Condition Nos. 9 and 10.

Condition No. 9 requires the BCDA to allocate 3% of the gross income from operations within the JHSEZ to the city government, and 1% to a community development fund managed jointly by the city and BCDA, totaling 4%. However, no payment has been made yet under this condition, and the amount owed stands at P56,843,842.08.

In addition, Condition No. 10 mandates BCDA to allocate either 25% of its lease rentals or 30% of its net income from JHSEZ operations. Under this condition, an outstanding balance of P168,608,109.60 is still unpaid. This figure contrasts sharply with the calculation of the City Treasurer’s Office of P930 million in unpaid dues up to 2020 based on the lease agreements between the BCDA and Camp John Hay Development Corporation (CJHDevco).

During the August 29 city council special session, it was suggested that panels be created to address unresolved issues. However, Bagbagen argued that this would only delay the enforcement of the 19 conditionalities which have been overdue for three decades. He recommended that the unresolved issues be addressed either directly with President Marcos, who could issue a presidential executive order or through a congressional act.

The councilor’s privilege speech has been referred to the city council’s Committee on Urban Planning, Lands, and Housing for appropriate action. –Jordan G. Habbiling