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Legal battle on Balyuan property referred for mediation

By Provincial Media Relations Center
June 3, 2010

TACLOBAN CITY  –  With the city and provincial governments’ legal battle over the Balyu-an property now referred for mediation, Leyte Governor said that he is leaving the matter to his legal team to resolve the issue.

It was learned from the Regional Mediation Center of the Bulwagan ng Katarungan Region 8 that a mediation was originally set last May 29, 2010 between the city and the province over both cases filed by the two LGUs but has been reset to June 19, 2010.

However, the governor said he is hoping the case can be decided with soon finally so the property’s ownership can be resolved.

“I just hope the case can be decided on soon. But I left this (case) with the provincial legal team to pursue the issue,” Gov. Petilla disclosed.

In a recent talk with the media, Gov. Petilla said the province’s stand remain that the property is owned by the province of Leyte and that the city government should honor an earlier agreement it entered into with the province.

The governor was referring to the August 26, 2004 memorandum of agreement signed by then city mayor, Alfredo "Bejo" Romualdez, the father of the incumbent mayor, for the city to use the property.

The said agreement expired in August 2009 or five years after it was signed, prompting the province to give notice to the city to vacate the property.

On the other hand, the city government has then contended that it may have no documents to prove its ownership but it has been in possession of the property for the longest time already.

The said property, largely known as Balyu-an, sits on a 6,941 square meter lot. The area houses a building where the offices of health, social welfare and assessor, among others, are located. The multi-million Balyu-an amphitheater is also located in the same contested area together with a convention area-cum-training center.

Gov. Petilla otherwise said that the memorandum entered into by the city with the province, signed by the then city mayor and concurred by the city council can hold its own over the province’s claim on the said property.

Whether the court would decide for or against the province, the governor said in closing that he hopes the decision can be given by the court soon.