CEBU, Philippines - Deputy Speaker Pablo Garcia failed to convince the members of the provincial board to stick with the contract of the Balili property in spite of his citing several laws to back-up the province’s possession of the property despite the findings of the Department of Environment and Natural Resources that more than 80 percent of it is underwater.
Vice Governor Gregorio Sanchez Jr. said he maintains his position to rescind the contract even after listening to the presentation of Garcia that lasted more than an hour.
Rep. Garcia of the 2nd District of Cebu is the father of Gov. Gwendolyn Garcia.
Sanchez said he believes that majority of the members of the provincial board are also for the rescission of the P98.9 million contract with the Balili estate.
Sanchez proposed a win-win solution to shield them from a possible criminal case for entering into a contract “grossly disadvantageous to the government.”
“The Balili transaction is disadvantageous to the government,” Sanchez told reporters.
He proposed that Governor Garcia rescind the contract and renegotiate with the Balili family if the province really wants to hold on to its possession of the 24.7 hectares property.
Sanchez presented another option for the governor to consider rather than push for the purchase of the Balili property.
According to him, the governor can still have a waste to energy, marine eco-park, international port and reclamation including the dumpsite of coal ash from the Korean Power Corporation at the 550 hectares reclamation at the Talisay, Minglanilla and Naga corridor which is one of the components of his proposed trans-axial project.
Sanchez explained that the Balili transaction is “disadvantageous” because the province bought the submerged area at the same price as that of the dry land.
If the contract will be rescinded and the province will renegotiate they can haggle for a lesser price for the 20.2 hectares that is found to be either underwater or planted with mangroves.
The elder Garcia yesterday tried to convince the members of the board to hold on to their possession of the property and go on with their “vision and dream” of developing the property.
He said the ownership of the provincial government of the property is already beyond question.
“There is no way by which the province can be divested or ousted of its ownership,” he added.
The congressman said that based on his study of the law, the ownership of the province of the Balili property is absolute. He added that the certificates of titles are valid, binding and unassailable.
He said that the DENR cannot and will not have the courage to file a reversion case against the province. According to him, in any event that a reversion case will be filed the provincial government has other legal option to preserve and maintain its ownership.
The congressman, one of the acknowledged legal luminaries of the country, said that the public should not be shocked about a submerged land getting issued titles because it is allowed under the law.
He cited Section 59 and 60 of the Commonwealth Act which allows reclaimed land, foreshore and marshy lands or lands covered with water bordering the shores or banks of navigable lakes or rivers to be disposed.
He added that this is also backed up by the provisions of Republic Act 293 otherwise known as the Land Registration Act.
He said these provisions of the Commonwealth Act 141 were made as basis by the national government to transfer the ownership of the South Road Properties to the Cebu City Government.
Rep. Garcia said that the SRP used to be part of a reservation area under the Proclamation 122-A issued by then President Ferdinand Marcos.
According to him, the Balili property is not the only land underwater that was issued a title. He mentioned the SRP, the Silot Bay owned by the Menca Development Corporation in Liloan and several other privately owned properties in Mandaue, Lapu-Lapu and Danao.
“So dili diay illegal, in fact it is being authorized by law,” he said.
He added that DENR’s claim that the Balili property is public domain has no legal basis because under Section 122 of the Land Registration Act once a title is issued to a patentee the land ceases to be a public domain.
He said this is backed up by jurisprudence in several decisions held by the Supreme Court and this was the status of the Balili property when the provincial government bought it last year.
He said that the property was issued a pre-patent in 1978 under the name of the late Engineer Luis Balili. The congressman claimed that the province is an innocent buyer of the property which is protected by law and jurisprudence.
He said the provincial government should hold on to the property because of its potentials. He even said that the property might bring the province to the position that is even richer than the national government. But for Sanchez, he will only be convinced if Pablo can tell him that the transaction was not disadvantageous to the government.
“Ma-convince lang ko niya if he can tell me nga ang value sa dry land pareha sa dagat,” Sanchez told reporters. — /NLQ (THE FREEMAN)