CEBU, Philippines - This could be a case of “too late the hero,” but the Department of Environment and Natural Resources (DENR) has a point.
“If only these pieces of information were obtained from DENR-7, this issue would not have come out and perhaps our records on file would have paved the way for a more enlightened and well-thought of decision.”
This was the official statement of DENR-7 in light of the controversy brought about by Capitol’s purchase of the Balili property in Naga.
On the September 2001, DENR-7 had transmitted and endorsed the case folders with draft complaints for Annulment and Reversion of 21 titles to the DENR Central Office.
Of the 21 titles recommended for Annulment and Reversion, eight were actually owned by spouses Luis and Amparo Balili.
Two of the eight have been part of the land in barangay Tinaan, Naga purchased by the provincial government of Cebu and are now being questioned.
Considering the pending case for these lots, DENR-7, headed by Regional Executive Director Leonardo Sibbaluca believes that had the buyers of the lot consulted them to verify the status of these lands, they would have known that it is currently being evaluated for reversion.
Sibbaluca, in the official press statement of the DENR, explained that the eight Balili properties have been filed with Annulment and Reversion because these are timber lands and submerged areas that need to be turned over back to the state.
Capitol Consultant Rory Jon Sepulveda said in a press conference yesterday that the province is aware now that they have bought lots with pending cases or recommendations at the DENR central office.
But he said that they have no way of knowing about these annotations because the original titles that they have obtained were clean titles and the original owner himself is not even aware of this pending recommendations submitted by DENR-7.
“If there are doubts on the titles at hand, it would be sensible and judicious to conduct an actual ground verification survey to determine or not these properties are really genuine or true based on the records as indicated in the title,” DENR said.
DENR-7 Information Officer Eddie Llamedo said that they understand that the capitol would not automatically know about these pending cases, but if they have shelled-out such a big amount for the lot, they should have consulted DENR as they always advise lot buyers to avoid cases like these.
Nevertheless, Sibbaluca has given clear instructions to DENR field offices to extend necessary assistance to the provincial government and to exercise due diligence in the processing, evaluation and approval of titles so there will be no more victims like the province.
DENR-7 also said that they would send a follow up letter to the DENR central Office to hasten the decision for the Balili lot, which may help the province.
Sepulveda said that they are in full support on the annulment and reversion of themangrove and the underwater area totaling to about 10 hectares. He added that the around 11 to 12 hectares fishpond area can be titled while the 5-hectare dry land has no problem at all so it will remain under capitol’s ownership.
Capitol will be firm on their stand to demand only P37.8 million for the parcels of land that are truly voidable since these are state properties.
Sepulveda said they will file a case in court for recession to demand the full amount plus interest of six to 12 percent per annum for the grave inconvenience of being the victim of the situation.
He added that if the Balili family could not give them back the money, they have already identified several Balili properties who will be enough to cover up for the P37.8 million.
Sepulveda also reacted to the statement of former Senator John Henry Osmeña that “it was unlikely the in-house investigation panel would come up with findings blaming Governor Gwendolyn Garcia for the botched land deal,” quoting a report.
Sepulveda clarified that the fact finding committee that the office of the governor has created was there to investigate on the case for the benefit of the capitol administration who also wants to know about the real score of the deal.
He said that it shall not hinder the office of the Ombudsman or other investigating body to conduct its own investigation and decide on the case.
Sepulveda also defended the province that what they purchase were totally voided titles because the recommendations submitted by the DENR are still pending.
He wished to correct environmentalists who filed a case against Capitol officials and issued statements that the Capitol has not exercised due diligence for not researching about the background of the titles before buying it.
Sepulveda said that what lawyer Gloria Estenzo-Ramos claimed to be the Balili property that has a court order were not the actual lots that the province has bought from the Balili family. -/NLQ (THE FREEMAN)