Wednesday, May 9, 2007

Major investor offers to develop Leyte’s ‘Boracay’


By Gerardo C. Reyes Jr.

PALOMPON, Leyte -- Smarting from its loss in the legal battle over its claim to Kalanggaman Islet in this town, a Quezon City-based business conglomerate has become friendly all too suddenly with the municipal government and proposed a “partnership” in developing the property.

No less than the chairman of Legacy Group of Companies, Celso G. de los Angeles, presented his development plans to the Sangguniang Bayan (SB) last June 5 as apologized for the trouble caused by the case. The SB accepted the apology, Municipal Administrator Jerlito Letrondo said in a phone interview.

The row over the 10-hectare islet is a classic case of a local government putting up a fight against big business. It is arguably the most controversial in Palompon’s recent history that involved encroachment, terrorism and dirty politics. Now, one of the contenders is batting for peace talks.

How it all began
As early as 1999, the SB passed a resolution requesting the National Mapping and Resources Information Authority to include Kalanggaman in the map and indicate that it is part of Palompon. The islet is not yet included in the Philippine map as of present.

Former Mayor Ramon C. Oñate and the SB one time held a session there and erected a marker declaring the islet as public land, a tourist destination and under the territorial jurisdiction of Palompon. The mayor also ordered his department heads to include Kalanggaman in their service rounds.

The Legacy Group, which is a conglomerate of banks and pre-need companies, entered the picture in 2003 when it applied for a land titling to Kalanggaman. It claims to have bought the rights to the islet from its previous holder, a certain Andres Turing. But records show that Turing held less than three hectares of the property but Legacy wants to title almost 10 hectares
Town officials went to their battle stations and the SB passed several resolutions blocking Legacy’s interests. Resolution No. 024-190204 urged the Department of Environment and Natural Resources to certify Kalanggaman as a public land, eco-destination and a protected marine habitat.

Another resolution called for the establishment of a monitoring station, guard house as well as mooring and docking facilities in the islet. Resolution No. 028-190204 urged the provincial assessor to cancel the tax declaration issued to Legacy and disapprove the sale of the islet. In Resolution No. 0301902-24, the LGU asserted its jurisdictional rights over Kalanggaman and objected the sale, transfer and titling of the islet.

On March 2004, De los Angeles filed for declaratory relief, injunction with application for temporary restraining order and preliminary injunction. It also asked the court to declare null and void all measures enacted by the LGU and for the respondents to pay them P100,000 moral damages, P200,000 attorney’s fees and P100,000 litigation expenses. Named respondents were Mayor Oñate, Vice Mayor Constantino Tupa, all members of the SB, municipal assessor and provincial assessor.

That same month, locals of Kalanggaman trooped to the town hall after armed men burned their houses for refusing to leave the islet. Even today, the islet is guarded by armed men hired by Legacy but the company denied knowledge on the ongoing extraction of white sand in the area that are loaded on a barge.

SB Member Ledinila Bregaudit for her part aired her anger over the extortion issue hurled against them last election. The slate of Mayor Marcelo C. Oñate was accused of asking for campaign funds from Legacy. The talks allegedly took place at Cebu Midtown Hotel. Legacy says it had nothing to do with the black propaganda.

So who really owns paradise?

Records at the assessor’s office disclose that a tax declaration was first applied to Kalanggaman in 1947 by a certain Pablo Sitoy of Villaba town. However, the declaration covered only a three-hectare coconut grove. The titles changed hands through the years. Judge Agripino Ensoy of Palompon bought it for P100 until the rights fell in the hands of Turing who got it for P500 in the ‘70s. The new holder being a Cebuano, Kalanggaman has since then been regarded to be part of Cebu. Legacy bought the rights to the islet from Turing’s heirs for P200,000.

During the SB session, De los Angeles proposed to develop the islet by constructing a water system, cottages and other amenities. As a sweetener, Palompon will serve as jump-off point to the islet instead of Cebu so that whatever revenues due to the local government will go to Palompon.

De los Angeles assured that his plan will be beneficial to both his company and the municipal government. The SB, for its part, promised to study the proposal, saying whatever agreement will be arrived at will be determined by the terms and conditions in the contract.

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