August 26, 2009 Major News Stories

Gwen didn't know Bolo drafted MOA

Cebu Governor Gwendolyn Garcia yesterday admitted that she was unaware that the memorandum of agreement she signed with the representatives of the Balili estate for the purchase of the 25-hectare property in Naga was prepared by board member Juan Bolo and not by the Provincial Attorney's Office, which is the regular procedure of all the Capitol legal transactions.

Garcia said it was only lately that she learned, when her legal officer told her, that the MOA she entered into on April 21, 2008 with Amparo Balili, widow of the late Engineer Luis Balili, and the court appointed executor of the estate lawyer Romeo Balili was prepared by Bolo.

She admitted it was not a "regular" procedure at the Capitol for her to sign agreements not prepared by the provincial legal office.

"Our MOA are always prepared, as regular procedure, sa atong legal," Garcia said.

However, Garcia said that when she signed the MOA she presumed that "it has passed all of the necessary procedures."

"Karon naman lang ko nahibawo from our legal officer nga dili diay siya maoy nagpreparar," Garcia said.

According to her, it was Bolo, chairman of the committee on provincial properties, who brought the MOA for her signature. Bolo first brought a copy of the MOA for Garcia's signature after the provincial board passed a resolution on January 14, 2008 granting the governor the authority to enter such agreement with the Balili estate.

The resolution, which Bolo himself sponsored, authorized Garcia to execute and sign, for an in behalf of the province, the MOA for the sale of 10 parcels of land owned by the estate of the late Engineer Luis Balili located in barangay Tinaan, Naga.

The 10 adjoining parcels of land, according to the resolution, have a total area of 247,317 square meters more or less.

However, Garcia said she did not sign the MOA then because she wanted to bring down the price more from P434 per square meter to only P400. Bolo allegedly told her that the Balilis will agree to it provided that the province will pay for the capital gains tax and other expenses for the transfer of the titles. 

"Mi-insist ko nga P400 gyud mao nga nibalik si Bolo gidad-an ko og laing MOA," Garcia said.

Garcia said she already signed the MOA, but did not anymore ask who prepared it because she presumed that it was the legal office.

"The only thing that I asked before I signed that MOA was, do I have the authority?"

She added that Bolo told her that the provincial board has granted her the authority on January 14, 2008 yet. Garcia said after she verified the existence of the resolution she signed the MOA.

Garcia, however, denied that Capitol was in a hurry to buy the Balili property saying that it took two years after she was finally convinced to buy it.

She said it was first brought to her attention by Bolo in 2006.

The documents obtained by The Freeman however showed that Garcia signed the MOA on the same date that the provincial board granted her the second authority that amended the previous authority given to her.

Board Member Victor Maambong also admitted that the transaction was a bit fast.

"Paspas gyud," he said in an earlier interview with The Freeman.

The MOA between Garcia and Amparo Balili and Romeo Balili showed that it was signed on April 21, 2008, the same date that the board passed the resolution 1781-2008 amending the previous authority granted to Garcia.

Garcia however claimed she signed the MOA prior to April 21, because on that date she was in Guam together with some of the board members for the sisterhood agreement.

The governor explained that she was banking on the January 14, 2008 authority granted to her by the board when she signed the MOA.

According to Garcia, there was no need for the provincial board to pass another resolution, because only the price was amended from P434 per square meter to P400.

"I cannot understand for reasons John Bolo can only fathom nganong iya pa nang gi-amendar nga total ang presyo dili man taas kay sa gi-aprobahan sa board," Garcia said.

An examination of the two resolutions however readily showed that not only the price was amended, but also the total land area of the property to be bought as well.

The previous resolution only authorized Garcia to buy 10 parcels of land from the Balili estate with a total area of 247,317 square meters.

But in the second resolution passed on April 21, 2008 the total area was increased to 249,246 square meters covering 11 parcels of land.

The MOA and the Deed of Sale also showed that the second resolution was the basis for it because it already contained the number of lots and the total area mentioned in the resolution.

The amount however was already lowered from P107.3 million in the first resolution to only P99.7 million in the second.

Maambong, who is a lawyer, also said that the amendatory resolution supercedes the original which means that the latest authority granted by the board shall apply. 

On the question of why the MOA was not ratified by the provincial board, Garcia agreed that it is the normal procedure to have it ratified. In fact, she said her office did not prevent the board from ratifying it.

However, she said it is no longer her duty to bring the documents to the board for ratification. Asked whose responsibility was it, Garcia said the media was just trying to blow up a "very minor issue."

Garcia said the board normally asks for the document and that they will send it to them. However, the document was with Bolo and her legal officer, Marino Martinquilla, could not also send it because the document was not with him.

Inspect, DILG to LGUs buying of property

BEFORE buying any lots, check the fine print and make sure the land doesn't fall within protected areas.

'Not our job'

THE job of the appraisal committee is limited to identifying the physical characteristics of a property and its subsequent market value in relation to the assessment.

This does not include a survey of the property, which is normally done by a geodetic engineer, said Engr. Anthony Sususco, chief of the Provincial Assessor's Office.

This is why the committee, which is chaired by Sususco and with Provincial Treasurer Roy Salubre and Provincial Engingeer Eulogio Pelayre as members, did not see parts of the Balili property that were submerged in water.

Sususco revealed the tasks of the appraisal committee in accordance with the late president Corazon Aquino's executive order and a memorandum of former Cebu governor Pablo Garcia, now representative of the second district of Cebu, on the composition and function of the provincial appraisal committee.

The committee's jobs are to conduct an ocular inspection on private properties to be acquired for public use by any government agency or local government unit; secure data to ascertain fair and current market value a and submit a report to the requesting party in the form value; of a resolution.

"We only recommend the market value. It is not in our mandate to survey or to relocate. Why go beyond our mandate?" Sususco said.

Meanwhile, the executive order forming the committee to investigate the Balili property controversy has officially been released, but certain questions regarding how the probe will be carried out remain unanswered.

National Bureau of Investigation (NBI) 7 Director Medardo de Lemos, the committee's designated chairman, confirmed receipt of the order but declined to answer questions, saying he has yet to meet the others involved.

"It is a collegial body. It is important that we first meet and discuss matters within ourselves," he said.

Gov. Gwendolyn Garcia, in a dyLA interview yesterday, said that although there are so many experts on the matter, there was a presumption of regularity in the functions of the officials involved.

Capitol consultant Rory Jon Sepulveda explained that all questions raised on the issue would be taken into consideration in the fact-finding investigation of the Capitol.

He said that it is easy to say that a survey should have been done before the purchase of the property, but when there is a presumption of regularity, there is no need to scrutinize the process, especially since they had clean titles that were released by the Register of Deeds.

The fact-finding investigation, headed by de Lemos, is not going to sanction the officials concerned. The results will only be utilized as a "management tool" of the governor.

According to the resolution of the appraisal committee, the zonal value of the Balili property was P1,500 but the schedule of market value listed only P370 per square meter. Opinion value was at P450 per square meter.

The property was officially sold at P400 per square meter.

Garcia signed the memorandum of agreement for the sale before April 21, through an authority passed by the Provincial Board (PB) on Jan. 14, 2008. The January authority was for the Province to buy the Balili property at P434 per square meter, which Garcia rejected.

An amended resolution was then passed specifying that the sale would now be for P400 per square meter - an amendment that the governor and Provincial Atty. Marino Martinquilla said was not necessary.

This is why a ratification was not needed.

"Ratification applies only when there is no authority," said Martinquilla.

But if ratification was indeed needed, Garcia asked why the MOA was not taken from her.

"Shall I physically bring it because I never prevented anybody from taking it... They (PB) have never asked for a ratification," said Garcia.

No haste

Garcia also questioned why PB Member Juan Bolo, who was responsible for making the MOA and the deed of sale, did not seek the ratification.

The officials also clarified insinuations they made the deal in haste when the property was introduced to Garcia in 2006 yet.

Sususco even explained that the appraisal was done in July 2007, almost a year before the deal was consummated.

But two questions that the fact-finding need to answer are the scope of the investigation and what powers the committee members possess.

As NBI 7 director, de Lemos has the power to issue a subpoena to people pursuant to matters that the agency is investigating.

But as chairman of the committee, can de Lemos draw power from his other office and that exercise the same the authority?

"These are matters that need to be discussed within the committee first," he said, adding that the members include four lawyers.

Also lawyers who declined to be named, said the committee might not even need to call people, adding that parties-–among them lawyer Romeo Balili and PB Member Juan Bolo-–have already given statements to the PB.

Survey

The lawyers also said the investigation is not criminal in nature as the intent is to guide the governor in implementing measures so that a similar incident won't happen again.

This, they said, is unlike the probe being conducted by the Office of the Ombudsman-Visayas, which while still in fact-finding phase, can be upgraded into formal criminal and administrative proceedings.

The anti-graft office already began its probe and has issued a subpoena to the Office of the Governor to turn over certified true copies of documents pertaining to the multi-million-peso purchase.

It has scheduled a site survey to confirm allegations that the 25-hectare parcel of land included underwater portions.

Graft Investigator Rod Blazo said the probe will also seek to determine if Capitol officials exercised due diligence before embarking on the purchase or simply relied on titles.

Likewise, it will also delve on the individual involvement of certain people in the transaction and determine if these acts were within bounds.

Capitol to sue over SRP deal

THE Provincial Government announced yesterday it will file a criminal and administrative case against Cebu City officials over the City's joint venture with Filinvest Land Inc.

Mikey asks oil firms to keep prices down

Pampanga Representative Juan Miguel Arroyo said on Tuesday that oil companies should wait until their 30-day inventory acquired at old prices had been used up before making adjustment in their pump prices.

Dengue takes lives of two more kids

A sophomore student of the Cebu City National Science High School is one of two latest deaths of the dreaded dengue fever in Cebu City.

Tom open to P130M budget for CCMC

Contrary to the speculation of the opposition and critics, Mayor Tomas Osmeña is amenable to an increase in appropriation for the Cebu City Medical Center.

Prepare for possible 2nd H1NI wave

Government health workers have been told to prepare for a possible second wave of the Influenza A(H1N1) flu virus pandemic.

25% pay hike of CH workers in 2010

Good news to all City Hall and casual employees of Cebu City.

Salcon workers hold strike vote

MEMBERS of the Salcon Power Independent Union (SPIU) will conduct a strike vote today, after efforts of the National Conciliation and Mediation Board (NCMB) to resolve its labor dispute with the SPC Power.

Former mayor in Bohol shot

Former Panglao Mayor Doloreich Dumaluan was shot at the back of his left shoulder on Tuesday afternoon.

Local radio Station dyTR reported that the former mayor was shot during an altercation near the Dumaluan Beach Resort, which was owned by the mayor's family, at 2:30 p.m. Tuesday.

Dumaluan's bodyguards returned fire hitting the suspected gunman identified as Teodulfo Macalandag who was hit in the right hand, according to the radio report.

Both were rushed to the Gov. Celestino Gallares Memorial Hospital in Tagbilaran City for treatment.

However, Dumaluan was transferred to a hospital in Cebu later in the afternoon.

Transpo leader shot dead in N. Cotabato

A transport leader was shot dead in his home by an unidentified gunman in Makilala, North Cotabato around midnight Monday, police said.

Despite Le Cirque, Glo set to fly again

The controversy has yet to subside over the P37-million spent for the President's last trip to the US, but President Arroyo is set to fly again in September to Saudi Arabia and the United Kingdom.

No work, no pork to boost attendance

No work, no pork. Nueva Ecija Representative Eduardo Nonato Joson has proposed this policy to ensure that there would always be a quorum during sessions at the House of Representatives.

Namfrel hits back at Bongbong Marcos

The National Citizens Movement for Free Elections (Namfrel) hit Ilocos Norte Representative Ferdinand "Bongbong" Marcos Jr. over his statement calling for the abolition of the election watchdog.

Smartmatic officer's ties to NCC bared

The bidding to automate next year's elections has been put under a cloud of doubt after it was revealed that one of the officials of the winning consortium is a consultant of a government agency that helped advise the poll body on the project.

Wife sure of Villar's victory in 2010

Las Piñas Representative Cynthia Villar has expressed confidence that her husband Senator Manuel Villar would win in the 2010 presidential election even if the opposition failed to unite.

Estrada sure of running for president

Eight years after he was ousted over corruption scandals, former president Joseph Estrada said on Tuesday he was "99.9 percent" sure of running for president in the 2010 elections.

Basilan clash won't kill talks with MILF

The deadly clash between government troops, the Moro Islamic Liberation Front and the Abu Sayyaf in Basilan, which left 23 soldiers dead, would not hamper the talks between the government and the MILF, Presidential Adviser for Mindanao Jesus Dureza said.

Palace: No malice in Senate probe snub

Citing time constraints and security considerations, Malacañang said Tuesday there was "no malice" in the refusal of defense officials to attend Monday's Senate inquiry into the August 13 clash between soldiers and Islamic extremists that killed 23 soldiers.

Senators: Diplomatic answer to EO 464

Senators have agreed to "diplomatically" resolve the issue on the controversial EO 464 instead of bringing it again before the Supreme Court.

AI bares cases of torture, slays of Muslims

The human rights group Amnesty International said on Tuesday it has received reports of civilians who fled from the fighting in Mindanao ending up being tortured, executed or missing.  The AI said the torture, forced disappearances and extrajudicial executions were allegedly carried out by the military from 2008 to 2009.

Mindanao's displaced gets rice from Japan

The United Nations World Food Programme (WFP) on Tuesday said it will start providing thousands of displaced people in Mindanao with rice rations from the Japanese government tomorrow, August 26.

CIDG hails denial of bail for Isnajis

The police Criminal Investigation and Detection Group on Tuesday welcomed a court ruling denying Indanan Mayor Alvarez Isnaji and his son Haider to post bail on the kidnapping charges filed against them by a television anchor and her crew.

29 cops off to Darfur as UN peacekeepers

Twenty-nine police officers from the Philippines were deployed to the South Darfur city of Nyala Sunday as part of the build up of the United Nations-African Union Mission in Darfur (Unamid) in the strife-torn Sudanese region.

One last hearing on NBN-ZTE mess

A Senate panel will conduct early next week another hearing on the botched $329.48-million National Broadband Network (NBN) project "to answer gaps" on the issue before releasing the long-awaited result of the probe.

SC stops conferment of National Artists

The Supreme Court has issued a status quo order preventing Malacañang from conferring the rank and title of national artist on those named by President Gloria Macapagal-Arroyo as this year's recipients of the state honor, a court spokesman told a press conference Tuesday.

'Caparas respects SC decision'

Controversial director-producer Carlo J. Caparas will abide by the decision of the Supreme Court (SC), his wife said Tuesday.

Carlo Caparas eyeing Senate seat

Movie director Carlo J. Caparas on Tuesday disclosed his intention to seek a senatorial post in next year's elections even as petition to halt his recognition as National Artist gained grounds at the Supreme Court.

SC wants explanation on bay inaction

The Supreme Court ordered six Cabinet officials and four other government officials to explain why they should not be cited in contempt for failing to comply with the high court's order to rehabilitate Manila Bay.

Students protest high school career exams

More than 20 militant high school students entered the Department of Education central office compound to protest the National Career Assessment Examinations (NCAE).  LFS explained that the NCAE was an "unnecessary waste of time and resources because high school students do not need the DepEd to choose their career for them."

Sex between men seen in HIV-AIDS surge

The Department of Health has monitored more cases of HIV-AIDS transmission through sex between men in recent years, prompting the DOH to undertake a nationwide survey to determine the extent of the problem.

US guidelines could hurt soft drink firms

The American Heart Association's recommendation on Monday to cut back dramatically on sugar may be a blow or opportunity for soft drink makers, who have been accused of helping fuel the U.S. obesity epidemic.

PAL employees dodge leave-without-pay

Employees of local carrier Philippine Airlines expressed fear that they could be the next casualties as the local airline struggle with its finances.

RP debt to increase by P234-B next year

The country's debt stock is expected to increase by up to P234 billion next year as the government eyes more borrowings to help boost economic output.

Afghan bomb blast kills 36: police

The death toll from a massive explosion in Afghanistan's southern city of Kanadahar late Tuesday has risen to 36 with another 64 people wounded, a top police official said.

Karzai, rival neck and neck in Afghan vote

Incumbent Hamid Karzai is running neck and neck with his main rival in the fraud-tainted race for the Afghan presidency, according to the first partial results unveiled Tuesday. 

Donaire plans to invade heavier class

Nonito Donaire will not stay long in the super-flyweight class and yesterday said he sees himself fighting up to the featherweight class in the years to come.

Donaire's hand needs rehab

Doctors have confirmed that Nonito "the Filipino Flash" Donaire, the reigning WBA interim super flyweight champion, does not have any fracture in his left hand.

Boom wants back

AFTER suffering a career-threatening wrist injury, Rey "Boom-Boom" Bautista has been working his way in tip-top shape, eager for his ring return.

Tañamor leads RP world amateur bid

After a confidence-building stint in Cuba, five Filipino boxers will fly to Italy and represent the national team in the World Amateur Boxing Championship.

RP wins 102 medals in Singapore math tilt

A team of Filipino mathematics students won a total of 102 medals, including 16 golds, in the 5th International Mathematics Contest in Singapore early this week.

Lebron welcomes Shaq, moves forward

Lebron James is looking forward to teaming up with Shaquille O'Neal at the Cleveland Cavaliers next season, not least because it means he can play more often at power forward.

Goat dies after having sex with teen

An 18-year-old boy was arrested after he was caught in the act of having sex with a goat in Leon, Iloilo.

Sneak peek at the new Bahay ni Kuya

Malapit nang magbukas ang pinasikat na bahay sa Pilipinas! Sa September, papasukin na sa Pinoy Big Brother house ang bagong housemates!

'Basterds' takes box office top spot

"Inglourious Basterds," the latest stylized action flick from director Quentin Tarantino, took the top spot at the North American box office over the weekend, industry figures showed Monday.

Jackson's death homicide - AP source

The Los Angeles County coroner's finding that the death of Michael Jackson was a homicide could mean criminal charges for his doctor, who told investigators that he administered a mix of powerful drugs to treat the pop star's insomnia hours before his death.

Jonathan Swift  - "May you live every day of your life."