CEBU, Philippines - The ground survey conducted by the Department of Environment and Natural Resources confirmed that almost the entire 24.7 hectares Balili property, which the Cebu Provincial Government bought for P98 million last year is actually underwater and mangrove area.
The survey using the Global Positioning System (GPS) showed that 82 percent of the controversial property or 20.2 hectares is submerged and planted with mangroves, which could not be titled for being public land.
Geodetic engineer Aurelio Caña, who conducted the ground survey starting last September 2, told the members of the ad hoc committee of the provincial board yesterday that only 4.5 hectares is dry land.
The result of the survey will be submitted to the Office of the Ombudsman Visayas, which is also conducting a parallel fact-finding investigation into the Balili fiasco.
The anti-graft office earlier asked the DENR to conduct the actual survey of the property to confirm reports that a large portion of the property is submerged.
The DENR findings is contrary to the Capitol survey conducted by engineer Roy Cabunillas, which said only 9.4 hectares of the 24.7 hectares is submerged and planted with mangroves.
The DENR said that based on their records the 4.5 hectares dry land was already reclassified from timberland to alienable and disposable since 1986.
Prior to the reclassification however the owner, the late engineer Luis Balili and his widow Amparo, already secured a title in 1978.
But despite having secured a title, the Balilis applied for other land use permit with the DENR for a bathing establishment, which was renewed in July 6, 2006 and expired only in 2008.
Prior to the issuance of the title in 1978 the Balilis were already granted other lawful purposes permits for salt works and beach resort.
DENR regional counsel Tranne Ferrer said that the application of the Balilis for other land use permit in spite that the property was already titled to them is an indication that they were aware that the title was questionable.
Provincial Board Member Victor Maambong said this would establish bad faith on the part of the Balilis in selling the property to the province.
Maambong echoed the statement of Vice Governor Gregorio Sanchez on the possibility of rescinding the contract.
Ferrer and the other DENR officials were again summoned to the provincial board yesterday.
PB member Peter John Calderon asked Ferrer if they have issued a notice to the Register of Deeds regarding their recommendation for the reversion of the titles of the Balili lots so as to warn would be buyers.
Ferrer admitted that the agency did not, but said the DENR has already admitted that there was a mistake in the issuance of the titles. She said this is the reason why they have recommended for the nullification of the titles.
Ferrer added that prudent buyers should have inquired the status of the property with the DENR and should not have relied on the “mirror principle” by looking at the four corners of the titles only.
According to Ferrer, if she was the buyer and considering the amount involved is P98 million she would inquire the status of the land with the DENR.
PB member Juan Bolo, who is tagged of facilitating the transaction, questioned why it took 20 years for DENR to initiate the reversion after it was issued.
But Ferrer said she could not answer it because she was not with the DENR that time yet. She however surmised that it must have been because it was only in 1989 that the Bureau of Lands was merged with the DENR.
The members of the ad hoc committee also tried to establish yesterday the flow of the transaction documents following the mystery behind the voucher which was made as basis for the issuance of the checks payment to Atty. Romeo Balili, executor of the Balili estate.
None of the Capitol officials would admit preparing the vouchers. Although provincial treasurer Roy Salubre earlier said that as a practice, it is usually the requisitioning office that would prepare the voucher.
However, Salubre could not determine whether it was the office of Governor Gwendolyn Garcia which prepared it.
Budget Officer Emmy Gingoyon, planning officer Adolfo Quiroga and pre-audit chief Manuel Gial were called yesterday to the board but none of them could also tell who prepared the voucher.—/NLQ (THE FREEMAN)