CEBU, Philippines - The Province of Cebu has gone to court to seek the refund of P37,810,400, which represents the amount paid for parcels of the controversial Balili property that were found to be submerged in seawater and were mangrove areas.
In the complaint filed by the province and Governor Gwendolyn Garcia, they prayed that the court approve of “reducing the consideration of the sale of the real properties sold by the defendants to plaintiff Province of Cebu and directing/ordering the defendants, jointly and severally, to refund/ reimburse/ pay to the plaintiffs” the amount mentioned.
The P37.8 million is for 94,526 square meters of land that was valued at P400 per square meter during the sale.
An estimated 80,124 square meters of the said area is said to be submerged in seawater and 14,402 square meters was found out to be a mangrove area.
The refund asked also includes the interest from the time the total consideration was paid on October 7, 2008 as well as costs and litigation expenses.
According to the complaint, it was in 1977 and 1978 when the Bureau of Lands of the Department of Environment and Natural Re sources issued several Original Certificates of Title in the name of Engr. Luis Balili over parcels of land in Tinaan, Naga, Cebu.
After Engr. Balili died in 1996, his heirs filed a testate proceeding for the will left by Balili wherein months after the court decided on the designation of Atty. Romeo Balili, the nephew of Engr. Balili, to be the executor of the will.
In 2007, considering the authorization order of the court for Atty. Balili over the will, the heirs offered to sell the property to the Province of Cebu, through Provincial Board Member Juan Bolo.
After negotiations made by two parties and considering that there were no “adverse claims, lien or encumbrance whatsoever on the titles of the said properties,” the province through Governor Garcia executed a Memorandum of Agreement between the Balilis for the sale of the said property.
A deed of absolute sale was done after the said MOA.
At P400 per square meter, the province paid a total of P98,926,800 for the property.
When word about an anomaly in the transaction leaked, a new survey was made and the discrepancies were found.
Such discrepancies were allegedly not stated by the Balilis or agents involved in the transaction where the province stated that if it was brought up, the province would have paid only for the dry lands.
The plaintiffs said that they sent letters to the Balilis regarding the matter and informed them to reimburse the said amount but allegedly the defendants “refused and still refuse” to pay the amount.
The defendants denied any knowledge of the allegations and said that it was only the late Engr. Balili who knew of the matter.
BOLO: GUV TOLD ME SO
Provincial Board Member Juan Bolo yesterday admitted that he was instructed by Governor Garcia to negotiate and facilitate the Baili deal.
This is the reason why he is surprised when he was singled out in the report of the committee investigating the controversy.
PB member Bolo called a press conference yesterday to shed light on the issue and the recommendation made by the investigation committee formed by the governor.
He said that what surprised him most was when the committee recommended that he be investigated further.
The committee chaired by National Bureau of Investigation-7 Regional Director Medardo De Lemos recommended that the actions of Bolo be the subject of an appropriate criminal and or administrative investigation.
Bolo, a lawyer, told reporters that he participated in the deal not on his own, but upon directive of Governor Garcia.
The committee, in its report, said that from the start to finish, Bolo’s active and direct participation was evident.
Bolo, the committee said, personally saw to it that the property be appraised and secured the copy of the Cebu Provincial Appraisers Committee resolution showing the appraisal. — with Jose P. Sollano/NLQ (FREEMAN NEWS)