Capitol wants Balili assets frozen and accounted for

CEBU, Philippines - Cebu Province has filed an omnibus motion to Regional Trial Court Branch 6 Judge Ester Veloso to freeze and account for all assets of the estate of Luis Balili.

This was the opposition they filed after the executor of the Balili Property in Barangay Tinaan, Naga, lawyer Romeo Balili filed an application asking the court for his retirement as executor.

Romeo said his main reason was the alleged withdrawal of the spouse of the late Luis Balili, Amparo Balili, and her new lawyers of the P44,483,981.32 from the Banco de Oro Universal Bank along F. Ramos St., Cebu City, which includes the P37,810,400 reserved by the court for the claim of Cebu Province.

The P37.8 million was in relation to the civil case filed by the Province of Cebu and Governor Gwendolyn Garcia against the Estate of Luis V. Balili, Amparo Balili and Romeo Balili pending before RTC Branch 14 Judge Raphael Yrastorza.

The Province of Cebu asked the court to grant that there is a need to freeze any and all assets of the estate of Luis Balili and for its accounting by the concerned executor, heirs and their lawyers.

Meanwhile, Romeo filed an application to retire as executor. He said last Tuesday Amparo Balili, without coordinating him, together with the sheriff of the Branch 6 court demanded from the BDO branch manager the issuance of managers checks for the total amount of P44,483,981.32 mentioned in the order of Veloso on December 3.

Romeo said he was alarmed by the information he received from the branch manager that Amparo had withdrawn from the bank.

He said the liquid assets left of the estate of Luis Balili with the BDO Universal Bank is the investment of P24,014,479.66 plus the earnings in the amount of P789,950.87.

“In the other words, there is not enough funds with the BDO Universal Bank, to replenish the P37,810,400 reserved for the civil case,” Romeo said.

During yesterday’s hearing the court ordered Amparo Balili to increase the remaining P24 million to P37.8 million.

Romeo said he wrote to the branch manager to not touch the P29 million as it was allocated for the civil case filed by the Province Cebu against the heirs of Luis Balili.

But the branch manager said they cannot prevent any withdrawal as there was no restraining order from the court.

Romeo said in view of the withdrawal of Amparo the estate of Luis Balili has no liquid funds to restore the amount of P37.8 million allocated for the pending case.

“In view of the foregoing development outside my control I respectfully disclaim responsibility of the loss of the P37.8 million allocated for the pending case filed by the province of Cebu,” he said.

Capitol is now studying the possibility of taking appropriate action against those responsible for withdrawing the P37.8 million to be refunded to the provincial government for the underwater parcel of land of the Balili property.

Provincial legal officer Mariano Martinquilla also said that Capitol is opposing the move of Romeo to withdraw as executor.

While the accounting among the heirs of Balili is not yet clear, Martinquilla said that their concern is to have the P37.8 million.

“If kuwang, among tan-awon kinsay nakaamong nganong nakuwangan. We would study of possibility of taking appropriate action against the person responsible,” Martinquilla said.

Capitol consultant Rory Jon Sepulveda, who is also a lawyer, earlier questioned why the heirs asked for the release of the P44.5 million when there is not enough cash left.

Capitol also asked Veloso to freeze the entire P98.9 million paid by the province for the purchase of the beachfront property.  (FREEMAN)