Land dispute, adverse claim bedevil new Panglao resort

A land dispute and an adverse claim are hounding the construction of a new resort in Panglao. But it appeared that these land problems were the least of the worries of the owners of the Eskaya Beach Resort and Spa since construction is in full swing in preparations for its soft opening in November. The problems of the new resort is brought into the open when its owners, the Lims of Tagbilaran City, the family that owns Lite Shipping Lines, Soledad Suites and other business concerns asked for tax incentives before the Bohol Investment Board. The board chaired by Norris Oculam, president of Bohol Chamber of Commerce and Industry met Tuesday to tackle issues about tax incentives being sought by investors. It was Oculam who raised several questions regarding the construction of the resort. He said for Eskaya Beach Resort and Spa to avail of the incentives to be granted by the board, the resort owners should present a court clearance and clear the issue of putting up minors as members of the board of directors. According to Oculam, he has information that two of the members of the board of directors of the Panglao Beach Realty Corp. are minors. The two alleged minors are sons of Richard Lim, president and chief operating officer of the resort.

OF LEGAL AGE

In a press statement prepared by lawyer Joselito Lopez, counsel of the Lims, he pressed that the two Lim children—Ralph Miguel and Richard, Jr. are of legal age. According to the Lim lawyer, Mr. Lim's wife was wondering why Oculam concluded that the children-incorporators are minors. She remembered that one or two months ago, their helper reported that an anonymous caller, a man, called up several times in one day and asked Mr. Lim's whereabouts, including the times he goes in and out of the house, the place where he lives, the car he uses and other personal questions. The caller also allegedly asked for the ages of the Lim children and where they study. Thinking that the caller may be a killer or kidnapper, their helper misled him by telling that the Lim children are still in elementary. The caller was surprised.

ADVERSE CLAIM

It turned out that Oculam has his own role to play in the ownership issue involving some lots where the resort is under construction. A report reaching the Post said it was Oculam who has an adverse claim to some of the back lots of the resort. The adverse claim arose from the fact that Oculam possessed a Deed of Assignment issued to him by Manolo Cantos, a businessman based in Mandaue City. Cantos and Oculam used to be business partners and part of the lots bought by the Lims to pave the way for the resort development belonged to the partnership. The partnership has since turned sour.

However, not all the lots acquired by the Lims belonged to Cantos. The entire property of the Lim's is approximately 20 hectares and the beachfront lots were brought from Tranche l, a corporation formed under the Special Asset Vehicle Act tasked to dispose non-performing loans (NPL). The corporation bought the NPL from the Philippine National Bank and disposed it to the Lims.

DOUBLE SALE

Another problem encountered by the Lims in owning the property was that some back lots were objects of double sale. According to Lopez, a few months after Panglao Beach Realty bought lots from Cantos, they learned that the same properties were made to appear that they were sold to Oculam. This gave rise to Oculam's adverse claim to some of the Lim properties. Another issue raised by Oculam during the BIB meeting was the alleged destruction of the resort developer of the corals and seaweeds in the resort area. In the same press statement, the Lims said they did not destroy the corals. They said they only cleaned the beach.

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