News report missed out crucial facts in case vs Garcia

This refers to the article titled “Cebu gov says she was kept in the dark on property deal” (Inquirer, 8/2/12). The article quoted from the Motion for Reconsideration/Reinvestigation that Gov. Gwendolyn F. Garcia filed with the Office of the Ombudsman on July 25, 2012. Curiously, however, it omitted four vital facts clearly mentioned in the motion—facts that unquestionably establish Governor Garcia’s good faith in the purchase of the Balili Properties.

First, after learning about the submerged area within the Balili Properties, Governor Garcia issued Executive Order 13, Series of 2009 creating the “Balili Properties Review Committee” to investigate the facts surrounding the purchase of the properties.

Second, based on the report of the Balili Properties Review Committee, Governor Garcia directed the filing of a complaint before the Cebu Regional Trial Court, seeking a refund of the money paid for the submerged area from the sellers of the Balili Properties.

Such prompt action taken by the governor shows her good faith and diligence in trying to rectify, in the interest of the provincial government, any defects and deficiencies in the purchase of the properties.

Third, the Sangguniang Panlalawigan of the Province of Cebu authorized Governor Garcia to purchase the Balili Properties through Sangguniang Panlalawigan (SP) Resolution 187-2008 dated Jan. 14, 2008, which authority was reiterated in SP Resolution 1781-2008 dated April 21, 2008. The purchase of the Balili Properties, therefore, clearly had the imprimatur of the SP.

Fourth, notwithstanding any questions raised about the purchase of the Balili Properties, it remains uncontested that the properties, including the submerged portion therein, are covered by valid and uncontroverted Transfer Certificates of Title (TCT). Until now, the TCTs have not been annulled by the Cebu RTC which has exclusive jurisdiction over the same. Moreover, the Supreme Court in Republic v. Mendoza, et al. (GR No. 153726, 28 March 2007), Silot Bay Fisherman’s Association Inc. v. Republic of the Philippines (GR No. 154014, March 28, 2007) and Saad Agro-Industries, Inc. v. Republic of the Philippines (GR No. 152570, Sept. 27, 2006), declared as valid TCTs that cover submerged lands. Thus, the Ombudsman has no right to substitute its judgment for the RTC’s or for the Supreme Court’s by prosecuting Governor Garcia as if the Balili Properties were not validly titled.

A fair and accurate reporting of all matters raised by Governor Garcia in this case—not a mere nitpicking of statements slanted to manipulate public perception—in keeping with the ethical standards of journalism to which the Inquirer is bound, would be greatly appreciated.

—RORY JON SEPULVEDA,

spokesperson of

Gov. Gwendolyn F. Garcia