Move to freeze assets ‘uncalled for’

December 14, 2010

THE lawyer of Amparo Balili yesterday questioned the Provincial Government’s asking the court to freeze all the assets of the late Engr. Luis Balili.

The proposal aims to protect the P37 million reserved for the civil suit Capitol filed in April, when it asked for a refund of amounts it paid for what turned out to be submerged land.

Lawyer Carlo Fortuna, one of Amparo’s counsels, said the Cebu Provincial Government’s omnibus motion to freeze all of Luis’s assets is “uncalled for.”

Doing so will violate the rights of the widow and the late engineer’s children.

“The estate proceedings have been pending in court for more than 10 years. This (omnibus motion to freeze) is uncalled for and it violates the rights of the heirs to their rightful claims of their shares,” said Fortuna in a phone interview.

But Provincial Attorney Marino Martinquilla said the Province filed the omnibus motion after the court said there is “something wrong” with the remaining amount in the banks.

Martinquilla said Fortuna has to file his opposition to the motion and convince the court that indeed freezing the Balili assets is unnecessary.

The Capitol lawyer said their motion to freeze and account for all the Balili assets is primarily directed at Atty. Romeo Balili, executor of Luis Balili’s estate.

The Capitol immediately filed an omnibus motion to freeze and account for all the assets of Luis Balili when it learned that Amparo withdrew P44.483 from the Banco de Oro (BDO) F. Ramos branch last Dec. 7.

Court sheriff Ramon Superales Jr., along with Amparo and her lawyers, implemented the notice for immediate release of the widow’s share.

The order directed Edward Alquizalas, BDO-Ramos branch manager, to immediately release about P37 million to Amparo as her share and that of their four children (P7.4
million).

The notice of release came after Judge Ester Veloso of the Regional Trial Court Branch 6 permitted the partial distribution of what the Capitol paid for nearly 25 hectares.

The total payment was nearly P99 million.

But while she allowed the partition of the proceeds, Judge Veloso instructed P37.81 million should remain intact, because of the pending civil suit the Province filed for its refund.

Atty. Romeo Balili earlier submitted an amended partition of P44.48 million, or the total payments less the refund requested.

Veloso ordered that one-half of P44.48 million shall go to Luis’s widow, Amparo, as her share. The other half will go to the estate of Luis, who left a will detailing how his estate will be distributed.

Last Dec. 10, Judge Veloso ordered Atty. Balili to settle the issue and make sure that the P37 million remains intact in the bank, pending resolution of the civil case before Judge Raphael Yrastorza of RTC Branch 14.

Veloso warned of contempt of court if parties concerned fail to return the P37 million, which is the subject of the civil case filed by the Province.

Atty. Romeo Balili, executor of the Balili Estate, told the court there’s “not enough funds to replenish” the P37 million claim for refund, after Amparo made withdrawal of more than half of the property proceeds without his consent.

Romeo has disclosed that Amparo already got P24 million as an “advance” 50 percent of her share in the estate, including the P15.5 million she later got.

Romeo said the Balilis earned P80.5 million in the sale because P18.3 million went to taxes, fees and relocation expenses. About P4.7 million went to broker’s commission.

Fortuna, interviewed by phone yesterday, said they will meet with Amparo this week and discuss the court’s directive to replenish the P37 million reserve to cover the Capitol’s lawsuit.

Fortuna reiterated that Amparo withdrew the money from the bank based on a court ruling that approved the Declaration of Heirship and Revised Partial Project of Partition filed by the estate executor.

Holding all the assets of Luis Balili will violate the rightful claims of his heirs over the properties, said Fortuna.

Fortuna said Amparo was “disappointed” with the decision of Atty. Balili to retire as
estate executor. Although they could not prevent him from “retiring,” Fortuna said Romeo still “needs to fix” certain issues.

Atty. Balili, in his pleading to RTC Branch 6, said he wanted to retire from what he described as “thankless job” as estate executor.

While they opposed the proposal to freeze all the Balili assets, Fortuna said they are
joining with the Province in calling for an accounting of all the Balili properties.

Businessman Crisologo Saavedra yesterday said he will file an intervention on the case relative to the Province’s claim of P37 million.

Saavedra said the Province sought a refund merely to “cure the defect partially” of the anomalous procurement of the Balili property.

Source: http://www.sunstar.com.ph/cebu/local-news/move-freeze-assets-uncalled

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