PB needs to go to court to recover money paid

CEBU, Philippines - Provincial Board Member Victor Maambong is trying to motivate his colleagues in the provincial government to go “inside court proceedings” to ensure the recovery of the millions of pesos it paid for the purchase of a 25-hectare property in Naga in which a portion was found to be a public domain for being submerged in seawater and planted with mangroves.

Maambong, who co-authored the provincial board resolution granting authority to Governor Gwendolyn Garcia to purchase the property in 2008, said the provincial government can ask for a freeze order from the court where the estate proceeding of the property is pending.

According to Maambong, they can file the necessary pleadings to the Regional Trial Court Branch 6 where the estate proceeding is pending asking that the amount paid by the Capitol for the 25-hectares lot in Barangay Tinaan, Naga be frozen until the controversy is resolved.

The provincial government is asking for a refund of the P37.8 million it paid for the 9.4 hectares that was found to be submerged based on their survey.

The court-appointed executor of the Balili estate, lawyer Romeo Balili, who appeared before the provincial board last Monday said, the widow, Amparo Balili, who owns majority of the sold property is willing to refund the amount.

However, Maambong said they have to be assured that the money is still there for them to be able to recover it. The Capitol payment which was made thru a check was deposited by Balili to his personal bank account.

The first check amounting to P49.8 million issued on April 28, 2008 as partial payment for the property was deposited in account number 6100047569 while the second check of the same amount was also deposited in the account number 6100048050 all in the BDO accounts of Luis Balili.

Balili during the session assured the members of the board that the amount is still intact except that they have already paid P7 million for taxes to the Bureau of Internal revenue, P5 million court bond, P4 million as broker’s fee and P1 million for transfer tax and miscellaneous expenses. —/NLQ (THE FREEMAN)