Wednesday, May 28, 2008

Panglao Bohol Airport Irregularities in Collecting Notarial Fees?

By Ric V Obedencio | Bohol Media: There are no irregularities in imposing and collecting notarial fee of 3.5% by lawyers of the Provincial Legal Office (PLO) on land purchased for the Panglao airport.

PLO chief Atty. Handel Lagunay issued the clarification anew over the questioned notarial fee in connection with the land acquisition for the controversial 211-hectare Panglao Bohol International Airport project set for groundbreaking by President Gloria Macapagal-Arroyo on May 20.

The issues on several fees on airport land acquisition, including notarial fee, surfaced again during the airport forum held at Jojie's Bakeshop last week in this city where Dr. Ernesto Pernia, professor of economics of the University of the Philippines (UP) was the guest along with organizers of the newly formed Bohol for Truth, Accountability and Reform (BTAR).

Pernia raised several concerns regarding the viability of the Panglao airport project, saying it becomes a moral issue and question of priority and yet the government can afford to spend billions of pesos for the airport project that may not be necessary at this time of economic hardship while most Boholanos are languishing in dire poverty.

The said forum was attended by former Panglao mayor Doloreich Dumaluan, former Panglao town Tourism councilman Agustin Cloribel, private and business sectors and Albur town residents opposed to sanitary landfill project which was linked to the airport project.

Panglao's solid wastes generated from beach resorts are expected to be dumped in Albur, about 20 kms. from here, once the landfill project is completed.

Lagunay, in an interview yesterday, explained that the notarial services by lawyers who happened to be employees of the PLO are legal and allowable under the law, aside from the fact that lot purchase is not part of their function and duties.

He said that lawyers under his office are not forbidden to practice their professions.

He stressed that all notarial fees collected by lawyers concerned are subjected to withholding tax with the Bureau of Internal Revenue (BIR).

He also brushed aside allegations that the notarial fee is cornered by PLO, adding that other lawyers who are not connected with the PLO also came into the picture and the lot owners have always the options to choose their lawyers in the land deal with the Department of Transportation and Communications.

For his part, Cloribel said that notarial fee is not only one being charged against the sale of lots. Charges, such as broker fee of about 3%, heir's bond, 1.5% and processing fee, 1.5%, are also done. What is left to the owners may amount only to about or between PhP30 and PhP35 as net of the P60 per square meter after the purchase.

He also disputed claim of about 80% of the total lots have already been paid. He said based on some owners accounts there are only about 30% who have been paid and maybe 80% are being processed but not yet paid.

He is also in quandary for what is the other charges of 10% and where it goes, which may be considered as 'unexplained' or 'ghost' charges. Asked whether the airport project proponents explained the 'ghost' 10% charge, he said in the negative.- The Bohol Standard

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