Objectives:
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1. Recovery of the P200,000 advanced to Ms. Felicidad Lapid about 15 years ago for Bansud Project
2. Gaining more knowledge in building memorial park
3. Increase network for memorial chapels and plans
Background:
1. Ms. Felicidad Lapid and her daughter and her coordinator Engr. Josel Jamila visited the office during the latter part of April. She wanted to talk about revival of the project. A site visit was set for May 14 and 15. However, Engr. Jamilla/Ms. Lapid requested that this be advanced to May 8.
2. The project was negotiated in 1999 2000. It is a 1.2345 hectare property that is slightly elevated (hilly) and the deal was:
Memorial garden (BC plus plots - hybrid between memorial park and cemetery), 70:30, P200,000 advances. DOH, DAR, Sangguniang Bayan resolution were obtained.
3. However the project was not executed/implemented because of the following:
1. It is difficult from the point of view of span of control. The road and transportation was inconvenient - roads were bad and travel from Port to Bansud could take 4 to 5 hours
2. No manager could be recruited
3. The LGU (munisipyo) has an existing cemetery project
4. In the meeting with Engr. Jamilla and Jim Lapid (son of Ms. Lapid ) this office learned:
1. The Lapids constructed fence and entrance gate for the property (they pushed with the project despite this office inaction however no sales and operation took place
2. THe LGU however never called their attention nor stopped their construction. However the status fo the project with MPDC and office of the Mayor has to be verified The project does not have development permit.
3. It is sad to note that the Lapids entered into JV with Engr. Jose Jamilla of Pinamalayan (two towns away)on 70:30 basis.last October This office said we want our P200,000 back; They are out of order for entering into a new contract without compensating this office/company nor nullifying the contract
The meeting was held in the first week of May. Travel to Bansud would be May 8, 2015.Agenda: site inspection and verification with the mayor MPDC; ;what deal could be entered into
The site visit and verification with office of MPDC and Office of the Mayor
1. This office left at 2:30 to catch the 6:00 am boat ride to Mindoro; however since the bus passed through the towns of Batangas, arrival at the Port of Batangas was at 6:30. The 6:00 trip was missed and the next trip was at 7:30. This party arrived at Calapan port at 8:40. And was able to leave for Bansud at 9:00. This Party arrived at Bansud at 11:30; had lunch at Yayos restaurant owned by Sammy (from Bulacan)
2. Verification at MPDC. Alan, the assistant said all the documents are now void and have to be re obtained and refiled: SB resolution. Barangay Certiication etc. since the docs have exceeded the statute of limitatiion, and that some of the parties in the resolution certification are dead (Alan hails from Mandaluyong) This officer questioned the jurispudence on the part that says the death of one signatory nullifies the resolution. He got lost there and looked in the direction of the MPDC himself Mr. Regencia who seemed to be having extended break.
3. Call on the mayor. The Mayor could not be disturbed and Engr. Jamilla and I had to wait. When we met the Good Mayor Morada, and ex cop and last termer, he appeared facilitative. Just talk to Mr. Regencia. Just refile the other existing permits and we go ahead. He however gave a hint.
This office inquired from Perival Martinez what it meant - and it would seem to be lowest P300t. Engr. Jamilla does not seem to have that kind of money
4. Site visitation:
The site is about 3 km from the municipal hall. The road leads to a port (non functonal Then there is about 300 meters of gravel road leading to the site. It is hilly and surrounded all ready by fence and besides the municipal cemetery. The cemetery which is also on the hillside sells for only P5t per unit, and the estate maybe P50t (for verification) Competition would seem to be stiff.
Conclusion:
1. Problems more problems
2. Alternative would be to file a suit to recover the P200t; HOWEVER WE COULD NOT FIND THE TCT AND COPY OF THE JV. What we have on file are the copies of permits which MPDC of Bansud not consider null and voidl
???
Jorge
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