Court releases P7.4M check to Balili heirs

CEBU, Philippines - The court has ordered the release of a check amounting to P7.4 million to the children of the late Luis Balili as their share in the sale of the Balili lot which was purchased by the Cebu Provincial Government.

Sheriff Dwight Camingue of the Regional Trial Court (RTC) Office of the Clerk of Court (OCC) in Cebu City released the replacement check in the amount of P7,413,996.88 on September 8, 2011 to Ma. Karla Balili Guia, Pocholo Balili, Janette Balili and Louise Therese.

The one-page sheriff’s return of service stated “Pocholo Balili who received and acknowledged receipt for himself and for Ma. Karla Balili Guia and Janette Balili being the attorney-in-fact, copy of Special Power of Attorney dated December 15, 2010 is hereto attached as proof and to Louise Therese Bacariza Lim, thru her attorney-in-fact-, Amparo Balili.”

Camingue said he implemented the order of Judge Ester Veloso to replace the stale check of Banco de Oro (BDO) F. Ramos Branch, F. Ramos St., Cebu City and release it to the Balili heirs.

The sheriff added that he served the order on September 8, 2011 to the manager of BDO E.G. Alquizallas and requested for the replacement of the stale check dated December 7, 2010 amounting to P7,413,996.88 payable to the Balili heirs.

On the same date, Camingue said BDO issued the replacement check.

In the order penned by Judge Veloso on August 25, 2011 she stated that on December 3, 2010, the court issued an order approving the Declaration of Heirship and Revised Partial Project of Partition submitted by the executor, the spouse and the heirs.

The said Order was furnished to all counsels including the Province of Cebu.

The amount of P44,483,981.32 was distributed among the heirs.

“Based on the statement, the Executor affirmed to the court that the amount of P44,483,981.32 was net of the P37,810,400 intended to be set aside for the Province of Cebu, in case its return was warranted,” order reads.

“Although it seems that the P37,810,400 is no longer in the estate’s bank accounts, presumably because of the Executor’s erroneous computations, the court has not received any formal notice from the Executor of its unavailability,” order further reads.

Judge Veloso said the court cannot consider the Province’s claim of P37,810,400 and added that the Province has filed a civil case for the recovery of the P37,810,400 in RTC Branch 14.

“The province should thus pursue its claim in that court, which is the appropriate venue for it to ventilate and litigate the same,” order reads.

The court denied the Motion for reconsideration of the Province on the May 2, 2011 order of the court granting the release of check for P7.413 million to the Balili heirs Louise Therese, Ma. Karla, Pocholo and Janette.

In the said motion for reconsideration, the Province sought for the reversal of the ruling and asked the court not to release the share to the Balili heirs.

In their comment, the Balili heirs argued that the motion filed by the Province has no basis as the order of declaration has been approved.

“As correctly held by the court, the Province of Cebu has no legal standing to object on the partition of the estate as it has not filed a formal claim against the estate,” they said.

The Province of Cebu sought for the refund of the amount paid for the underwater lot after paying P98.9 million for 24.7 hectares of the Balili property. — (FREEMAN)