Capitol: Private claim of Shell Island “baseless”

CEBU, Philippines - The Capitol is eyeing the cancelation of the tax declaration for Shell Island following the recommendation of the committee on budget and appropriations of the Provincial Board.

The committee has found baseless the claims of a private entity and a local government unit over the island.

“After perusal of the records and careful evaluation of the facts and circumstances surrounding the dispute of the (Provincial Legal Office) recommended to the Cebu Provincial Assessor to cancel, as it should be cancelled, for lack of factual and legal bases, all tax declarations covering Shell Island and its improvements issued to the Cebu Coliseum Complex, Inc. (CCCI) and the Municipality of Cordova,” read the committee report.

The report was submitted by the committee chaired by PB Member Grecilda Sanchez on February 14, 2014.

Provincial Legal Officer Orvi Ortega and his assistant, lawyer Marino Martinquilla, both recommended for the cancellation of tax declaration numbers 19-0012-14739, which covers Shell Island (or Pilipog Island) as it is “legally unfounded.”

In its findings submitted to acting Provincial Assessor Alma Sibonga last month, the lawyers said the first tax declaration “violates Sec. 16.1 of Presidential Decree No. 705 or the Forestry Reform Code which classifies areas less than 250 hectares as not alienable and disposable.”

“It has no supporting documents and its sudden appearance is an anomalous mystery,” they said.

The legal officers also quoted the finding of the Department of Environment and Natural Resources which declared that the property in question is an unclassified public forest, therefore, not alienable and disposable and could not be subject of a Miscellaneous Lease Application.

The previous MLA, which was granted to the previous owner of the property is considered void, they said in a letter addressed to Sibonga.

The CCCI is the successful bidder of the island which was given up by Pilipinas Shell Petroleum Corp.  (FREEMAN)