Balili heirs ask court to release checks

CEBU, Philippines - The heirs of late Luis Balili had asked the court to release checks after the court ordered the sheriff to suspend the distribution of the payable checks to them.

Petitioners Maria Karla Balili Guia, Pocholo Balili and Jeanette Balili, through lawyer Davel Villarin, filed a motion to release the check representing the share of the children in the estate of Luis Balili.

In the said motion, petitioners asked the court to release the remaining check amounting to P7,413,996.88 payable to them.

They argued the P7.4 million has nothing to do with the P37, 810,400 set aside for the possible claim of the Province of Cebu in the submerged area.

Petitioners said the P7.4 million has been set aside stated in the declaration of heirship and revised partial project of partition that was signed by all the heirs of late Balili.

“It is clear that the P7,413,996.88 which is the initial or partial share of the children in the Estate is not part and is separate from the P37, 810,400 set aside for the claim of the Province,” their motion reads.

“There is already an amount set aside for the Province of Cebu before the remaining P44,483,981.32 is distributed to the heirs, P7,413,996.88 of which is the share of the children of the late Luis Balili,” it added.

The Balili heirs said there was no reason to withhold or suspend the release of the check.

Judge Ester Veloso of Regional Trial Court Branch 6 ordered the sheriff on December 10, 2010 scheduled hearing to suspend the distribution of checks payable to the children of late Balili.

Veloso suspended the checks after the money set aside for the Province of Cebu lacks P13.8 million.

The judge said she will release the P7.4 million check after Lawyer Romeo Balili and Amparo Balili, wife of late Balili, complied with the order.

Veloso gave Lawyer Balili and Amparo to update the bank account and to deposit the remaining balance so that the account shall contain the exact amount of P37,810,400 which is to be preserved for the province.

But up to this time, Amparo and lawyer Balili failed to deposit the remaining balance and transfer the P24 million in the Land Bank of the Philippines to the name of the estate. After that, Amparo shall put up additional amount to come up with P37,800,000 for the province.

The petitioners said that they should not be deprived of their rightful share of the estate by the inaction or non-compliance of the other parties of the case.

Villarin said further delay in the release of the check would “gravely cause injustice to the children who have nothing to do with any advances, withdrawals or of the accounting of the estate.”

He added the check should be released to his clients as it is unfair to them. —(FREEMAN)