Balili maintains refusal to reimburse Capitol

CEBU, Philippines – "We will maintain that we should not refund or reimburse the claimed amount by the Province of Cebu."

This was the statement of defendants Amparo Balili, spouse of late engineer Luis V. Balili, who owned the Balili property that the Capitol purchased in Naga, and law-yer Romeo J. Balili, the executor of the Balili estates.

In the pretrial conference yesterday, the defendants, through their counsel Franklin Caesar Tabotabo, denied that they knew that the lots bought by the Province of Cebu in Tinaan, Naga City, Cebu were submerged and that some of these were mangrove areas.

The Provincial Government had sought a refund of P37, 810, 400, representing the amount it paid on submerged areas and those filled with mangroves. The total area of these portions is 94, 526 square meters, pegged at P400 per square meter.

"We had no knowledge that the lot bought by the Province of Cebu was submerged and mangroves," the Balilis stated.

They also claimed that it was the late engineer Luis V. Balili who had actual knowledge on the matter.

Provincial Attorney Marino Martinquilla, representing Capitol, had said that the Province should get a refund as it did not know from the start of negotiations that the land they bought had submerged and mangrove areas.

The Capitol paid Romeo and Amparo Balili the sum of P98, 926, 800, at P400 per square meter, for their first payment. The Province shelled out P49,077,600 as its second payment, made on October 7, 2008.

But during a survey of the properties bought, the Province found that a portion of Lot No. SP 07-01-000048, consisting an area of 80, 124 square meters, is submerged in sea waters. They also learned that a portion of Lot No. SP 07-01-000062, consisting an area of 14, 402 square meters, is a mangrove area.

The Capitol said that these facts and circumstances were not disclosed and revealed by the defendants, nor by their agents, causing great damage and prejudice for them as these were paid on the presumption that these were dry lands.

Martinquilla said that if they were told and informed about the submerged and mangrove areas, they would have bargained and paid only for the dry land areas and the total purchase price would have been reduced. (FREEMAN)