Bolo hands resignation from properties committee

CEBU, Philippines - Provincial Board Member Juan Bolo tendered his resignation as chairman of the committee on provincial and municipal properties yesterday to pave way for an investigation involving the controversial purchase of the Balili property in Naga. 

Bolo handed his irrevocable resignation as chairman of the committee before the start of the board session.

   He handed it to the Office of the Provincial Secretary.

The 24.73-hectares Balili property, which the province purchased for P98, 926,800, has been the center of controversy since surveys show that parts of it are submerged in seawater or are mangrove areas.

Bolo, who arrived the session hall early but failed to attend the caucus with fellow board members, denied insinuations and reports that he received commissions from the sale.

“Aron mahilom ang mga haka-haka nga ako ang nakasapi,” Bolo said, adding that he is willing to face the investigation.

Governor Gwendolyn Garcia, who accused Bolo of having introduced the property and negotiated for its sale and made follow it up, has called for a full blown investigation in order to identify the people involved in the land deal and those who have benefited from it.

But in a two-page certification, lawyer Romeo Balili, the executor of the estate of the late Luis Balili, has cleared Bolo of receiving monetary consideration from the Balilis because of the sale.

“The accusation and innuendo that Atty. Juan Bolo or anybody else, received any sum of money from the Estate of Luis V. Balili is herein denied as false and malicious,” lawyer Balili said, adding that he had not dealt with anybody from the Provincial Government relative to the offer to sell the property.

“My dealing was solely with the broker and nobody solicited from me any monetary consideration relative to the sale of the Balili Beach Resort to the Provincial Government of Cebu,” said lawyer Balili.

Except for the broker’s fee and some payments for the taxes and a P5.123 million bond, which the court required to deposit for pending claim of the estate, Balili said he have not disbursed any money to anybody out of the proceeds of the sale of the former Balili Beach Resort.

The original certificate of Romeo Balili was furnished to Bolo and the other provincial board members were given copy of the certificate.

Provincial Board Member Jose Maria Gastardo wants that the certification duly notarized while Victor Maambong, on the other hand, said that there are loopholes in the certification and that he wants to invite Romeo Balili in the next session.

The motion of Maambong was approved en masse.

   Also to be summoned will be the brokers and the one who notarized the documents in the sale of the property.

It was found out that one who notarized the documents was one of the staff of Bolo.

Also in the board session yesterday afternoon, Maambong passed a resolution granting authority to Gov. Garcia to demand the return or refund of the payment amounting to P37.8 million it paid for mangrove and seawater covering 14,402 square meters and 80,124 square meters, respectively.

This as Maambong said that the 94,526 square meters are public domain and are incapable of private ownership and appropriation.

Maambong cited a Supreme Court decision that “simple possession of a certificate of title under the Torrens System, does not make the possession the true owner of all the properties described. If a person obtains a title under the Torrens System, which includes by mistake or oversight land which cannot be registered under the Torrens System, he does not, by virtue of said certificate alone, become over of the land illegally included.”

 Last August 14, Gov. Garcia through provincial legal officer Marino Martinquilla, wrote lawyer Balili to demand the refund within 15 days as she warned that the province would be constrained to take the appropriate measures in order to protect its interests if the refund would not be made.

But lawyer Balili, in his letter dated August 17, said that the 15-day period demanded is not realistic.

Lawyer Balili said that the titles on the affected properties were already transferred in the name of the Province of Cebu.

He said the return of the P37,819,400 necessitates the revision in the computation of the capital gains tax, documentary stamp tax and transfer tax on the sale. 

Further, that a portion of the broker’s fee has already been paid to the broker and needs to be recovered and that he will try his best to convince the heirs to agree to the demand of the Province of Cebu. — Garry B. Lao/NLQ   (THE FREEMAN)