it apears that suexec is to blame for the problems here, I just disabled suexec in ispconfig and the problem went away, I have no idea what suexec is nor do I intend to use cgi at all so this is not a problem for me but others may have trouble with this.
so it would be nice to fix, if anybody has sugestions??????????
I will try then
the link shed some lite that led me to suesec at the culprit here.altho php doesn't seem to be giveing me trouble so far, at least not in the conf file, havent tested some scripts yet.