The legal team of Cebu Gov. Gwendolyn Garcia is challenging the decision and jurisdiction of the Ombudsman in the graft charges filed against the governor in connection with the 2008 purchase of land in the Balili Estate which turned out to be mosty under water.
Her daughter, lawyer Cristina Codilla-Frasco filed a motion for reconsideration with the Ombudsman on the two counts of graft and one count of illegal use of public funds,
She also filed a motion to suspend any proceedings in the Sandiganbayan until the motion is resolved.
Both moves were seen as efforts to head off a preventive suspension order that is expected to follow.
“To begin with, the motion questions the validity of the resolution (of the Ombudsman). We argued from the very beginning that the anti-graft office has no jurisdiction over the case considering that the properties are validly covered by a Transfer of Certificate Title (TCT),” Frasco said.
The Supreme Court, she said, ruled in a similar case that one needs to go to court to invalidate the land title before seeking to declare the lot purchase a “sham.”
Frasco cited the Silot Bay case in Liloan town where the High Court upheld the validity questioned lot titles covering areas that are underwater and used as fishponds.
Silot Bay is in Liloan town whose mayor is Frasco’s husband Mayor Vincent Franco Frasco.
“Even submerged properties can be covered by land titles considering that all these properties are covered by valid TCTs and there is no way for you to claim that purchase of the Balili property was invalid,” Frasco said.
Governor Garcia and seven other persons are facing charges in relation to the irregular purchase of 24.7 hectares of beach front property in of Luis Balili in barangay Tinaan, Naga City, south Cebu worth P98.9 million. It turned out that the property is mostly underwater.
Governor Garcia posted a total of P90,000 bail before the Cebu Regional Trial Court a few hours before she delivered her last State of the Province Address on July 20.
The other respondents include provincial treasurer Roy Salubre, provincial budget officer Emme Gingoyon, and retired provincial assessor Anthony Sususco provincial engineer Eulogio Pelayre, former board member Juan Bolo, and private individuals Amparo and Romeo Balili.
The other respondents have also posted bail.
Governor Garcia’s attention was called by Cebu environmentalists, who questioned the disposal of coal ash and the land classification of the Balili estate.
The governor called a press conference on Aug. 14, 2009 and made a public apology for what she called a “ fiasco ,” saying she had been misled about the circumstances of the property purchase by then Provincial Board member Juan Bolo.
Despite this however, the governor said the Capitol would continue its plan to develop the Balili land into an international port and a coal ash storage area as part of its agreement with Korean power producer Kepco-Salcon.
She insisted the purchase was still aboveboard, and that fishponds and wetlands could be reclaimed and titled in the name of the Province of Cebu.
In a technical report, the Department of Environment and Natural Resources in Central Visayas (DENR-7) confirmed that 82 percent or 20.2 hectares out of the 24.7 hectare Balili property in Naga was timberland or public land.
A survey commissioned by the province later found that a total of 9.4 hectares worth P38.7 million were planted with mangroves and were submerged in water.
The Capitol sought the intervention of the court to reclaim the P37.8 million as refund for the portions of the Balili property that were found to be underwater.