Water park in Mactan faces controversy

CEBU, Philippines - A newly-opened water park, spa and condominium resort in Mactan Island is facing controversy after the owners of the land where the facility now stands complained they have not received the full payment for the property.

Lawyer Jess Garcia, counsel for the Woolbright family, previous owners of the seven-hectare property occupied by Imperial Palace Waterpark, told The Freeman that Korean company BXT, developer of the water park, agreed to purchase the property at $4 million. Development of the facility reportedly started after the deed of sale was signed three years ago.

However, despite the agreement, BXT allegedly failed to pay the full amount to the Woolbrights and further failed to turn over nine condominium units to the family, as reportedly agreed earlier by the two parties.

Garcia said that for the past two years, the family has sent notices to BXT to fulfill the agreement but BXT allegedly ignored the same.

But Atty. Lito Astillero, corporate lawyer of Philippine BXT Corporation, said the company has reportedly paid the $4 million dollars or P216 million in full to the Woolbrights.

Astillero explained that after the contract of sale was made, they were given the exclusive option to purchase the whole property, which the company reportedly did, as proven by the deed of sale.

 “They would not issue a deed of sale if we have not paid the full amount, diba?” Astillero said. He subsequently showed The Freeman the receipt of payment, which stipulated the payment of the whole amount.

Astillero said the Woolbrights might be referring to the $150,000 that the family is reportedly asking from BXT, which is half of the payment for the taxes for the property. Astillero said payment of taxes is reportedly not the company’s responsibility.

He explained the contract to sell stated that the Woolbrights are the ones to pay fully for the capital gains and documentary taxes. However, months after the sale of the lot, the Woolbrights reportedly presented a deed of undertaking for BXT, saying that the company should pay 50 percent of the taxes, something that BXT reportedly does not intend to do.

As regards the nine condominium units, Astillero said the company is waiting for the court decision on the two cases filed against the Woolbrights and the owners of the company by the heirs of the original owners of the subject lots from whom the Woolbrights purchased the property decades ago.

The cases are questioning the legality of the title of a parcel of the seven-hectare property. The heirs of the original owners had alleged they did not give consent to sell their share of the seven-hectare property.

Another case involving the lot was also filed way before the two cases, which reportedly became the basis in filing the two recent cases. In the first case, the court reportedly ruled that the heirs of the original owners still have the parcel of land under their names.

Astillero said that since the two cases were filed, BXT reportedly lost up to P1 billion corresponding to the earnings from interested buyers that backed out. He said BXT even has basis to file a case against the Woolbrights for concealing information about the lot to the company.

Still, Garcia contended that the Woolbrights could not be faulted because the family entered into a “clean” transaction with the original owners of the property because the title of the lot was “legal and genuine.”

Garcia said this should not be made a reason for BXT not to fulfill the agreement because the Woolbrights did not have knowledge of the first case, which involved the family members of the original owners of the property.

 “It is their contractual obligation, therefore, they should not make any excuses as to not paying the amount and transferring the units,” Garcia said.

Garcia said the Woolbrights would be forced to file a case against BXT if the company fails to fulfill the agreement within the week.

Astillero, for his part, said the company will face the Woolbrights in court. — AJ de la Torre/JMO (THE FREEMAN)