The Clark Development Corp. (CDC) that’s who! Based on an order emanating from the office of Perlita M. Sagmit, vice president for legal affairs and general counsel, to Ricardo C. Banayat, vice president for security services.
Last Monday, CDC police and security personnel in at least five vehicles went to Kim’s house at the Redwood Villas here to throw him out of the freeport. Kim said he was still sleeping when the commotion roused him up and was surprised to see CDC police and security, including a SWAT team, in the vicinity of his house.
Kim said he was asked by the team leader to vacate his house peacefully and be escorted out of the freeport never to return again.
The CDC management ordered Kim’s banishment from Clark based on an inter-office memorandum signed by Sagmit dated October 7.
Kim, who just arrived from Seoul City Sunday night, said he was surprised when about five vehicles of the CDC police came to his house to enforce the order barring him from Clark.
The order was based on a CDC Board resolution dated June 19, 2015 declaring Kim persona- non-grata for “filing frivolous charges against CDC officers…” among others.
“To spare the CSEZ/ CFZ from further damage and victimization and to deter others from emulating what he has done, the said Eung Il Kim is barred from entering, sojourning or doing business at the CSEZ/CFZ, until further decision of the CDC Board.”
Kim, aka Kim Eung Il, is a Korean locator and president of Holywood Park Development Corp. (HPDC). Last January, the CDC terminated Kim’s Lease Agreement (LA), which he deplored as “unjust treatment.”
Despite obtaining a TRO from the court, the CDC went ahead in cancelling his LA. CDC executives along with 30 armed security guards forcibly took over Kim’s Holywood Park, a retirement estate here.
Non-payment The CDC said Kim’s LA was cancelled due to his alleged non-payment and non-development of his leased property.
The take-over caused Kim to file a case of grave coercion against Tugade at the Ombudsman and a disbarment case with the Integrated Bar of the Philippines (IBP) – Commission on Bar Discipline.
“I am being singled out,” Kim said, as he accused the CDC of favoring locators allied with the present administration, but whose leased properties “are absolutely without any trace of development.”
Lina
Kim named Linaheim Corporate Services, Inc. owned by newly-appointed Customs Commissioner Alberto Lina as among the favored locators.
Linaheim’s lease agreement with CDC was signed in October 1993 or just six months after the state-run firm’s inception but “no development” has been made on its leased area.
“It’s been 22 years since Linaheim signed its contract but the CDC never cancelled it while I have already developed a portion of my area and still working in another section but it was terminated,” lamented Kim.
“I have a manager’s check ready that’s worth P5 million but the CDC refused to accept it and instead accused me of non-payment,” he stressed.
Pagcor
Kim also noted several hectares of land that have remained undeveloped including those of realtor-developer Nora Bitong and former Philippine Amusement and Gaming Corp. chair Efraim Genuino, and the Pagcor itself which leased the former Clark Hospital compound.
Asked for comment after Kim’s “eviction,” CDC Vice President for Business Development and Business Enhancement Group Evangeline G. Tejada denied singling out Kim.
“Tinignan namin lahat ng non-performing including Linaheim (We looked at all non-performing [leased agreements] including Linaheim),” she said.
However, Tejada was hesitant to show copies of the Linaheim’s lease agreement contract saying she needed “more time” to prepare the documents as well as “clearance.”
Tejada explained that unlike Holywood, Linaheim’s contract has no commitment clause or timelines.
Tejada said Linaheim was among those that were sent letters by CDC inquiring on their non-development in their leased area.
She said Linaheim submitted its development plan in the middle of last year but before they could start developing, there was suddenly a container yard issue which was the port congestion.
Para sa bayan
“So we approached Lina and asked if he could develop an area in Clark as a container yard to ease the port congestion. Para sa bayan (It’s for the motherland),” she said.
“The container yard is important that is why a four-hectare area was developed by Linaheim as container yard,” Tejada said.
L i n a h e i m ’ s three-hectare lease area was put on hold and we did not terminate his contract, she said.
Tejada clarified that Linaheim’s leased area is not “preferential rate.”
Tejada said Bitong’s leased property now has dormitories, a multi-purpose building and even a swimming pool.
But she said Bitong was also sent letters for not developing her entire leased property. Tejada said Bitong intends to develop her area and sub-lease it.
The former Clark Air Base Hospital “is up for leasing” according to Tejada.
Meanwhile, Tejada said what prompted them to cancel Kim’s lease agreement contract was its sub-lessees that were done without CDC approval.
“Si Steve [Kim] hindi na siya sumunod kung baga parang stalemate na (Steve did not follow it’s like there was already a stalemate unlike Linaheim where CDC made a request),” Tejada explained. However, Kim said his contract with his sub lessees has a clause which clearly stipulates “upon approval of the CDC.”
The Korean investor and hot air balloon enthusiasts said he was singled out after helping organized the Lubao Hot Air Balloon Festival which competed against Clark’s own hot air balloon festival.
