Capitol goes to court to get P37 million refund from Balilis

CEBU, Philippines - The Provincial Government has requested the regional trial court “to order” and “direct” the Balili family to account for the money they received for the lots in barangay Tinaan, Naga and return P37 million, which represent the cost of the inalienable portions of the property.

“It is most respectfully prayed for this Honorable Court to order and direct Atty. Romeo Balili and Amparo Balili to account the proceeds of the sale of the subject lots to the Province of Cebu,” read the manifestation/notice of claims with motion for accounting filed by the province with Regional Trial Court branch 6 the other day.

Capitol consultant lawyer Rory Jon Sepulveda said that Atty. Balili is “duty bound to account” for the amount paid to entire for the property being the executor of the estate.

Amparo is the widow of Luis Balili, owner of the Balili estate. The motion was filed after Capitol learned that a big portion of the 24.73-hectare property that it bought on June last year is submerged or are planted with mangroves.

Capitol now wants to recover P37,810,400 for the portions that are inalienable.

In its motion prepared and signed by provincial lawyer Marino Martinquilla, Capitol stated that based on a survey, a portion of Lot. No. SP 07-01-000048 with an area of 80,124 square meters, “more or less,” is submerged in seawater and a portion of Lot. No., SP 07-01-000062, consisting of 14, 402 square meters, more or less, is a mangrove area.

Those “facts” and “circumstances” have “not been disclosed and revealed by the said vendors Atty. Romeo Balili and Amparo Balili to the Province of Cebu to the great damage and prejudice of the latter,” Capitol claimed.

Apart from the refund of the P37,810,400, Capitol also wants to be paid for the “legal rate of interest (of the amount) from the time of payment.”

Capitol also attached in its motion a Department of Environment and Natural Resources memorandum dated September 7, 2001 recommending the filing of appropriate reversion cases of some lots in Cebu.

Of the 21 lots being subject for revision or annulment for being “fake” and “illegal” on the ground that they are inalienable, two are the lots in question of the Balili clan.

“That the said information and recommendation from the DENR, in spite of the fact that the properties bought by the province are covered by duly issued transfer certificates of tiles, are prejudicial to the interests of the province in that said reversion cases might be ultimately filed in court and that said properties declared inalienable and its titles declared null and void,” the motion read.

Since it was a money deal involving government officials, reports had it that the proceeds were already divided to those who were involved in the transaction.

Sepulveda, however, manifested that through the filing of the motion, they are hopeful that “everything would be made clear.”

And if by chance, the petitioners would refuse to reimburse them the amount they are asking, Capitol “will file the appropriate case in court” against them.

“Didto na maghusay kung kinsa juy nakadawat,” he said. — Liv Campo/NLQ   (FREEMAN NEWS)