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THE Ombudsman-Visayas will evaluate the technical findings submitted by a team from the Department of Environment and Natural Resources in Central Visayas (DENR-7) on the 24.7-hectare Balili property in Naga City, Cebu last Friday.
Anti-graft investigator Roderick Blazo said they will determine whether or not there is sufficient evidence to establish probable cause and warrant a preliminary investigation into the case.
Blazo?s findings will be approved by Carla Juris Narvios-Tanco, head of the Public Assistance and Corruption Prevention Office (PACPO) of the Visayas; and Assistant Ombudsman Virginia Palanca-Santiago.
Two complaints are docketed before the Ombudsman Visayas.
One complaint was based on a request by Cebu City Mayor Tomas Osmeña, businessman Crisologo Saavedra and environmentalist lawyers for the Ombudsman to look into the Capitol's purchase of the Balili property in barangay Tinaan, Naga for P98.9 million.
The other stemmed from media reports that part of the land was underwater with questionable titles.
In their technical report, the DENR-7 confirmed that 82 percent or 20.2 hectares out of the 24.7 hectare Balili property in Naga are timberland or public land.
The technical survey done by the DENR-7 team on the beach property was held on the first week of September.
The Capitol purchased the land from the late Engr. Luis Balili.
From 1977 to 1978, eight free patent titles were issued by the then Bureau of Lands to Luis V. Balili and Amparo Balili located at Naga, Cebu.
The couple also applied for a Special Land Use Permit and was issued a Bathing Establishment Permit that was renewed repeatedly.
This meant that the seller knew about the classification of the land, the team said.
A special land use permit is applied when the land is a public land and a private individual wants to utilize the area subject to the fulfillment of the requirements and payment of appropriate fees.
Based on a Sept. 7, 2001 memorandum of then DENR -7 regional director Augustus Momongan, 21 case folders that included draft complaints for annulment of title and reversion were sent to the DENR Undersecretary for Legal Affairs.
Of the 21, eight lots are owned by the late Engr. Balili and his wife, Amparo.
The titles of eight lots in question covered 20 hectares out of the 24.7-hectare property bought by Capitol from Balili last year.
The DENR report on the recommendation for reversion was forwarded to the Solicitor General?s Office and returned to the central office in 2001.
The OSG would need the approval of the DENR Secretary before acting on DENR Regional Offices' requests for institution of reversion cases.
A follow-up on the complaints was made last Aug. 26 through a memorandum issued by DENR-7 regional director Leonardo Sibbaluca who inquired about the status of the cases.
