VP Binay to face another plunder complaint over BSP-Alphand deal

(Updated 7:40 p.m.) A fifth plunder complaint is set to be filed against Vice President Jejomar Binay with the Office of the Ombudsman on Tuesday, this time in connection with the alleged anomalous land deal between the Boy Scouts of the Philippines (BSP) and Alphaland Corporation.

In a phone interview with GMA News Online on Monday, former Makati vice mayor Ernesto Mercado said he will file on Tuesday morning a plunder complaint against Binay and the 13-member BSP National Executive Board (BSP-NEB).

Mercado said the complaint is in connection with the BSP’s alleged anomalous sale of a one-hectare lot at the corner of Ayala Avenue Extension and Malugay Street in Makati to property developer Alphaland. The lot was donated by BF Goodrich Philippines (now Sime Darby) to the BSP in 1976.

"Magsasampa ako ng kaso dahil matibay ang paniniwala ko na naagrabyado ang Boy Scout of the Philippines sa transaksyon na ito," Mercado said.

Mercado said among his evidence for his complaint is a Commission on Audit (COA) report, which found out that the BSP was “at the losing end” in the sale of the property to Alphaland.

Binay "cleared"

Sought for comment, Binay’s spokesperson for political affairs, lawyer Rico Quicho, said officials of the BSP and Alphaland themselves, during a hearing by the Senate blue ribbon subcommitte, had already cleared Binay from the alleged anomalous transaction.

“The officers of BSP and Alphaland have categorically denied the participation of the Vice President in the said transaction,” Quicho said in a text message to GMA News Online.

“What has been established in the Senate inquisition is that Mr. Mercado asked for personal benefit from Alphaland,” he added.

Alphaland president Mario Oreta had earlier said Mercado dropped less than subtle hints that he should get some "benefits" as facilitator of the transaction between the BSP and Alphaland.

Mercado had denied the allegation.

Joint venture project

In his earlier testimony before the Senate blue ribbon subcommittee, COA Director Joseph Anacay said the BSP has not received any income from the joint venture project and the eventual sale of the property to Alphaland in 2011.

Mercado said that while he was part of the BSP when it entered into a joint venture project with Alphaland in 2008, he was no longer with the youth organization when the property was sold in 2011.

“Sa pangunguna ni Vice President Binay, kasama ang mga miyembro ng National Executive Board, in-amend nila 'yung contract from a joint venture agreement to a sale agreement nang walang proper consultation sa mga committee ng BSP," Mercado said.

Mercado further pointed out that the BSP-NEB approved the sale of the property to Alphaland without appraising first its value.

“Dapat ay ipina-appraise nila 'yung property bago ibinenta, dahil ang dami nang developments dun sa property, mas mataas na ang market value. Kaya lumalabas na nalugi ang BSP ng halos P3 billion sa pagbenta [ng property],” he said.

Mercado has earlier alleged that Binay, who is the president of the BSP when the sale agreement was entered into, got P651-million worth of kickbacks from the deal. He said Binay allegedly used the money to fund his vice presidential bid in 2010.

Complaint raps vs. Binay

Mercado’s complaint will be the fifth plunder complaint against Binay, who will run for president in next year's elections.

The four other complaints were filed by lawyer Renato Bondal, the opponent of VP Binay’s son, Makati Mayor Junjun Binay, in the mayoralty race in 2013.

The first complaint filed by Bondal against the Vice President was in connection with the alleged overpriced construction of Makati Cityhall parking building. The second complaint was in connection with the alleged overpriced construction of a Makati Science High School Building while the third complaint was in connection with the alleged overpriced construction of a College of Nursing Building in the University of Makati.

The fourth complaint, meanwhile, was in connection with the alleged illegal conversion of a public property in Barangay Comembo in Makati to a private property of one of Binay's alleged dummies. —KBK, GMA News