AS the Cebu Provincial Board wrapped up its investigation into the Balili property purchase yesterday, the executor of the Balili estate has only today to submit an explanation and supporting documents on the sale to the court.

If lawyer Romeo Balili fails to submit an explanation particularly on where the P98.9 million payment went then he can be cited in contempt of court, said Capitol Consultant Rory Jon Sepulveda.

?It was the court who authorized him to sell it (Balili property). He should explain where the money is. Balili does not own the money. He is only an appointee of the court,? Sepulveda said.

Regional Trial Court (RTC) Judge Ester Veloso of Branch 6 earlier directed the executor to submit to the court a certified true copy of the Deed of Sale and an explanation why it was not submitted for the court's approval.

Balili was directed to explain why the ?proceeds of the sale? were deposited in his name and produce the other documents pertaining to the sale including receipts and vouchers.

He was given 15 days starting Sept. 29 to present the documents.

Sepulveda said the Capitol also wants the executor to refund the P37.8 million representing the value of the 9.4 hectare submerged portions in the property.

A civil case will be filed in relation to this, he said.

He said Judge Veloso doesn't have jurisdiction over money claims. On May 14, 2007, Judge Veloso issued an order that allowed the Balili Estate, through lawyer Balili, to dispose of the family's 24.7-hectare beach lot in barangay Tinaan in Naga City.

Balili and Garcia signed a memorandum of agreement for the sale on April 21, 2008, followed by an issuance of a deed of absolute sale on June 11, 2008.

Capitol bought the 24.7 hectares of lots owned by the late engineer Luis Balili in barangay Tinaan in Naga City at P98.9 million.

But upon relocation and survey, Capitol officials found that eight hectares of the property were submerged in seawater while 1.4 hectares were filled with mangroves.

Meanwhile the board wants to secure a sworn statement from budget officer Emme Gingoyon before meeting again to decide the outcome on the series of hearings on the property purchase.

A member of the board's secretariat said Gingoyon told them that his affidavit was unnecessary since he was not part of the beach property deal.

He said he was only invited to the adhoc committee hearing to testify on where the lot payment was sourced from.

Despite this, PB member Agnes Magpale, the acting presiding officer in yesterday afternoon's session, asked the secretariat to remind Gingoyon to submit his affidavit to the adhoc committee.

Board member Victor Maambong said Gingoyon was among the signatories of the Obligation Request which allowed the payment of P98.9 million to Balili.

The adhoc committee will also share its findings with the task force created by the Capitol to investigate the Balili property deal.

For their part, the Naga City Council is working on an ordinance that would declare the 24.7 -hectare beach front property as an economic zone.

The provincial government announced plans to build a seaport and a coal ash dumping site for the 200 megawatt coal-fired power plant of the Korean Electric Power Co. (Kepco)-SPC.

The plant will be operational by 2011.

The site is currently classified as a ?industrial and recreational zone ? under a Naga municipal zoning ordinance, said Naga Mayor Valdemar Chiong.

?Our main concern is how the government can gain from this project. Remember, a local government unit can not tax another LGU,? said Chiong.