THE Capitol is determined to collect P37.8 million owed by the heirs of the Balili estate to the province that was paid for the family’s property in barangay Tinan-an, Naga City.
Provincial attorney Marino Martinquilla said they are asking the court’s intervention to ensure that the heirs of engineer Romeo Balili will have enough properties to cover the amount sought as refund from them.
A survey by environment officials showed that most of the 24.9 hectares of the Balili property bought by the province were later found to be underwater and under public domain.
In yesterday’s hearing, Regional Trial Court (RTC) Judge Raphael Yrastorza of Branch 14 submitted the Capitol’s Writ of Preliminary Attachment for resolution.
“We want other properties of the Balilis, personal or real, to be attached or made as an answer for whatever judgment that will be rendered in favor of the province,” Martinquilla told Cebu Daily News.
Last Sept. 8, RTC Judge Ester Veloso of Branch 6 ordered the release of P7.4 million to the four children of engineer Luis Balili who owned the Balili beach property bought by the Capitol.
The amount received by Luis’ daughters Louise Therese, Karla, Janette, and son Pocholo represented their share in the P98.9-million sale of the Balili family’s property to the Cebu provincial government.
According to computations by Balili estate executor Romeo Balili, the P7.4-million allocation meant there is only P17.4 million left or less than the P37.8 million sought by the province as refund for its payment.
The province filed a pleading before Judge Yrastorza who is handling the civil suit on the province’s efforts to reclaim the P37.8 million as refund.
Engineer Luis Balili’s wife Amparo is seeking the dismissal of the case filed by the province due to lack of evidence.
Lawyer Caesar Tabo-Tabo, who represented Amparo during the hearing yesterday, disagreed that most parts of the property were submerged in water.
But Judge Yrastoza set a hearing on Tabo-tabo’s pleading on Feb. 2, 2012.
Martinquilla said the filing of a “demurrer to evidence” by the Balili family is just a “legal strategy.”
“We believe we have a strong case against the Balilis,” he said.
The Capitol bought the Balili property in 2008 for P98.9 million.
The Capitol’s purchase of the Balili property is being investigated by the Ombudsman-Visayas. Reporter Ador Vincent Mayol