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Posted on Wednesday, March  17, 2004

 

Govt could have reaped P395M from island

By Ric R. Puod Annie Ruth C. Sabangan , Senior Reporters

(Third of a series)

“If anyone covets the island, let him speak and reimburse all my expenses and he could keep Fortune Island,” said Jose An­to­nio Le­viste in his letter to a  ma­gazine published last year.

But as far as the government is concerned, it is Leviste who may have owed the government millions of pesos of revenue. The island should not have been privatized, according to the Department of Environment and Natural Resources. It should have remained under the government’s control. Only a lease agreement between a private individual or company with the government is allowed on a public land such as Fortune, according to the DENR.

But this did not happen. Fortune Island became an exclusive paradise. Leviste, husband of Sen. Loren Legarda, spent millions of pesos to develop it. But he also privatized the island, causing the government to lose it and millions of pesos in forgone revenue—at least P396.52 million in nine years starting in 1996.

This computation was done by an environmental economist using the environmental and natural resources accounting (ENRA) system for both land and improvement values. He used to work for the DENR as an ENRA specialist and helped institutionalize the Philippine Economic and Natural Resources Accounting System.

Under the Public Land Act, the government could have earned 3 percent of Fortune Island’s total assessed value of the land and one percent of the assessed value of its improvement, according to the environmental economist.

The appraised value of the 27.2-hectare Fortune Island is worth at least P1.46 billion if it is sold at a very conservative average rate of P5,359 per square meter—the estimated appraised value of listed market rate of land along the Nasugbu beach in Batangas, based on the economist’s accounting.

Three percent of Fortune’s assessed land value of P1.46 billion, according to his computation, is P43.86 million, which he said could have accrued to the government yearly had the island been placed under a lease agreement.  In nine years of Fortune resort’s operation starting in 1996, he said the government, based on conservative estimates, could have earned P394.72 million.

He surmised that land valuation on Fortune Island may be a little higher because of its historical and ecological values, thus forgone government revenues could have also been higher.

The economist conservatively placed the island’s assessed value of improvement at P20 million. One percent of the value is P200,000, which could be considered part of government revenue. In nine years of resort operation, the government could have earned P 1.8 million, based on the one-percent revenue base.

Three percent of the assessed value of the land placed at P394.72 million and one percent of the assessed value of improvements at P1.8 million—all in nine years—yield a total P396.52 million of forgone government revenue.

Government loses, Leviste gains

Leviste may have earned from the resort club members starting in 1996. If his club has 900 members as earlier reported, he has accumulated about P168.3 million from their one-time payment of membership dues alone, with an individual membership fee of P125,000 and a corporate membership fee of P250,000. The amounts may not have been increased since 1996, according to an account executive of the Fortune Island Resort Club.

Getting the fee’s average, individual and corporate members would have paid Leviste about P187,000, or a total of P168.3 million for the FIRC coffers. These earnings do not include the estimated P40.5 million from its members’ annual dues of P3,000 in 1996, P4, 200 in 1997 and P5, 400 in 1998 onward.

“But what should be considered foremost here is that the ecological and historical value of the island has diminished with the introduction of developments in the area,” said the environmental economist who requested anonymity. “This is mainly because the full social value of having it as a preservation area is not the primary concern of the owner. What is certain is that he expects to reap the full monetary value of the island as a resort.”

Tree planters

Leviste and Legarda are fond of planting trees. Barangay Wawa residents attest to this, saying that Leviste forbids anybody to cut a single tree on Fortune Island. “Ayaw niya ang may nagpuputol ng puno doon,” said a fisherman who also worked as a helper on the island, especially during peak tourist arrivals. “Maraming malaking puno doon katulad ng molave. May puno doon na halos dalawang tao ang kayang yumapos.”

Seasonal helpers on Fortune Island said the couple had even reforested the island, bringing in boatloads of seedlings to be planted there. “But looking at the economic perspective,” the environmental economist said, “mere planting of trees will not or will never replace the lost biodiversity. Clearing the area because of the introduction of development destroys the ecological integrity of the island, given that this is a fragile ecosystem.”

‘A slice of paradise’

“Run on the pristine white sands and head for the clear, cool blue waters,” said the FIRC flier for tourists reference. “Take to the nature trail or explore the wondrous Bat Cave, the lighthouse and climb the rocks to the acropolis. See the San Diego Galleon Museum, a replica of a Spanish galleon discovered by a French archaeologist in 1994 just a few meters away from the island. An exclusive paradise hideaway to truly enjoy. “

This aptly describes the island, where a moment of relaxation is only for those who can afford the expense.

Fortune Island combines dense vegetation and beach resort that stretches about 20 meters long of pristine white sand. About 12 rest houses face the blue cool waters. At the back of the galleon museum is Senator Legarda’s rest house, bigger than the rest and more stylish because it has glass windows, a bedroom decorated with plants, said “Arnulfo,” a fisherman.

The beach has an acropolis, too, which features Grecian pillars and statues. They sit on the edge of the island overlooking the sea. Former helpers said that at the back of the resort lies a salt-water swimming pool, which siphoned off water directly from the sea through a big hose. There is also a clubhouse, cabana, basketball court, a helipad, a desalinator for freshwater consumption, and snakes placed in a mirror cage.

As early as January 18, 1926, this island was reserved for a lighthouse and withdrawn from sale or settlement under Proclamation 5, issued by Governor General Leonard Wood. Two succeeding presidential proclamations followed P.D. 1520, issued on November 25, 1975, for the island’s tourism purposes, and P.D. 1801 for its tourism zone and marine reserve purpose, placing it under the jurisdiction of the Philippine Tourism Authority (PTA). So far, no presidential proclamation or act of Congress has superseded these laws.

With the presidential proclamation to shield the island from ownership, a question arises why Leviste was able to own this island.

Research and interviews done by The Times yielded negative results on the records of Fortune Island in the PTA archives. Sources looking for documents on Fortune said that jurisdiction over the island had already been transferred to the local government of Nasugbu. The officials said they were not aware of the date of the turnover. This means that efforts to reclaim the island through legal procedures will have to be done by the municipal government.

In a recent interview, however, Environment Secretary Elisea Gozun maintained that Fortune “is still” under the control and jurisdiction of the PTA, according to the legal review done by the department. (See related story on page one.)

Galleon

Fortune Island was a witness to a number of sea accidents near its shores. The Spanish galleon, San Diego, sank approximately 900 meters northwest of the island. It sank more than 400 years ago, when the galleon engaged the Dutch warship Mauritius under Admiral Oliver Van Noort.

In 1994 a total of 34,407 artifacts and ecofacts were recovered from the shipwreck following an exploration jointly conducted by the National Museum and the French archaeologist who discovered San Diego. The artifacts include porcelain, stoneware, earthenware materials, at least 14 big cannon, coins and other treasures. The San Diego is considered one of the foremost archaeological finds of the nineties. The relics had traveled around the world before they were finally displayed at the New Museum of the Filipino People in Manila.

This might have inspired Leviste to build his own replica of the galleon, which also houses antique wares, allegedly some from the San Diego shipwreck. But Maharlika Cuevas, National Museum assistant director for operations, denied this. He admitted, however, that some artifacts were lent to the Nasugbu municipal government, which has not returned them since.

Another sea tragedy that occurred near Fortune Island involved the Papaya Queen, a motorboat bought by Leviste for P200,000, according to Arnulfo. The boat was ferrying guests to the island when it capsized. “Sa sobrang dami ng karga at sa laki ng alon bumigay ang bangka. Nadaanan ng barko ang mga turista at idenerecho sa Manila,” he said.

The skull

Leviste’s galleon stands near a human skull, mounted on a glass case along with its disjointed bones. Helpers on the island said Leviste floated the rumor that the skull was part of the San Diego shipwreck to make it an added attraction at the resort. “Nahukay ’yan sa isa sa mga kinatatayuan ng rest house,” said “Anthony,” a diver who worked as a gofer for Leviste’s guests.” May crack ang bungo. Mukhang hinampas sa ulo. Sabi ng iba bungo daw ng babaeng Chinese yuon.”

An Environment official in Southern Tagalog said the skull caught the curiosity of former President Fidel Ramos when he attended the launching of Fortune Island Resort Club in 1995.

Previous DENR administrations had repeatedly reviewed the case on Fortune Island. All had the same conclusion: it is a public land that cannot be alienated. But none have so far decided to pursue the case all the way to the courts. Meanwhile, the government is losing its own fortune—revenues that could have been used to help the unfortunate.

Part 1 |Part 2 |Part 4 |Conclusion |

    
 
 
 

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Francis Andaya, Judee Perculeza, Marizhen Doctora, Shey Silayan
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