VP Binay faces P3-B plunder complaint over BSP-Alphaland deal

By ELIZABETH MARCELO, GMA News

Published October 6, 2015 10:36am

(Updated 11:42 a.m.) Vice President Jejomar Binay is facing a fifth plunder complaint before the Office of the Ombudsman, this time, in connection with the alleged anomalous sale of a lot owned by the Boy Scouts of the Philippines (BSP) to property developer Alphaland Corporation.

In an 11-page complaint filed on Tuesday, former Makati Vice Mayor Ernesto Mercado claimed Binay and 16 members of the BSP National Executive Board (BSP-NEB) committed plunder as defined under Republic Act 7080 or the Anti-Plunder Law by "acting in conspiracy" in order to enter into an alleged anomalous sale agreement with Alphaland concerning the BSP's one-hectare property at the corner of Ayala Avenue Extension and Malugay Street in Makati.

The lot was donated by BF Goodrich Philippines (now Sime Darby), to the BSP in 1976.

Mercado said the sale of the property to Alphaland caused undue injury and great disadvantage to the BSP and to the government as a whole as the youth organization did not incur any profit or income from the deal.

Mercado said that based on the admission of Alphaland president Mario Oreta himself during a previous hearing at the Senate, the property should have been valued at P3 billion.

"Hanggang sa ngayon ay wala pang natatanggap ang BSP mula sa pagbenta ng lupang ito. Napakamura nilang binenta, sa halagang P600 million. Pero kahit 'yung P600 million ay hindi pa natatanggap ng BSP," Mercado told reporters after the filing of his complaint.

Alleged kickbacks

Mercado 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. Mercado said Binay allegedly used the money to fund his vice presidential bid in 2010.

Mercado, however, clarified that he has not included in his complaint the issue of Binay’s alleged kickbacks from the deal.

“Bahala na ang Office of the Ombudsman na mag-determine kung magkano ang kinita niya sa anomalyang ito. Basta ang sinasabi ko dito [sa aking complaint] ay si Vice President Binay, bilang presidente ng Boy Scouts of the Philippines (BSP), ang nanguna sa pagbebenta ng lupang ito sa napakamurang halaga,” Mercado said.

Other respondents

Aside from Binay, also named as respondents in Mercado’s complaint were the following officials of the BSP National Executive Board:

Senior Vice President Wendell E. Avisado
Vice President for Luzon Del R. De Guzman
Vice President for Visayas Arturo V. Umbac
Vice President for Mindanao Miguel J. De Jesus
National Treasurer Enrique B. Lagdameo
Chief National Commissioner Pedro D. Destura
International Commissioner Dale B. Corvera
Secretary General J. Rizal C. Pangilinan
National Program Commissioner Pepito M. Carpio
National Public Relations Commissioner Maximino J. Edralin Jr.
Assistant National Treasurer Jose Eduardo C. Delgado
Deputy Chief National Commissioner for Luzon Romulo V. Brillantes
Deputy Chief National Commissioner for Visayas Remedios L. Petilla
Deputy Chief National Commissioner for Mindanao Henry C. Dy
National Executive Board member Jose Ma. C. Gastardo
National Executive Board member emeritus Roberto M. Pagdanganan

Value of property

In his complaint, Mercado alleged that the P600-million selling price of the property was pegged in an appraisal conducted way back in 2005.

Mercado pointed out that the value of the property has significantly appreciated over the years especially as the property has been developed under a joint venture agreement entered into between the BSP and Alphaland in 2008.

“With full consciousness of its true and correct worth, which was more than P600 million, the respondents allowed BSP’s interest over the property to be stuck at this amount,” Mercado’s complaint read.

“In a Senate testimony, AMPI (Alphaland Makati Place Inc.) president Atty. Mario A. Oreta [said] that BSP’s 15 percent share in the joint venture is already valued at P3 billion,” the complaint added.

Mercado said that despite various developments done in the property, the BSP has not once asked for an increase in its corporate guarantee until the time that its joint venture agreement with Alphaland was amended into a sale agreement in 2011.

“This P3 billion value the respondents ignored to the continuing prejudice of the BSP. The respondents never even asked for the increase of its corporate guaranty which to this date is only P600 million,” Mercado said.

“Respondents have not protected the interests of BSP and have put it in a position much worse than when it was under the joint venture agreement,” Mercado added.

‘Mercado should be charged’

The camp of Vice President Jejomar Binay on Tuesday however said former Makati Vice Mayor Ernesto Mercado should have been the one charged in connection with the BSP-Aphaland deal.

Lawyer Rico Quicho, Binay’s spokesperson for political affairs, said it was Mercado who made the arrangements and asked for bribe from Alphaland.

“Kung may kakasuhan sa Alphaland deal, dapat si ex-Vice Mayor Mercado. Malinaw na si Mercado ang nag-ayos ng kasunduan at humingi ng lagay sa Alphaland. Ayon 'yan mismo sa opisyal ng Alphaland na si Atty. Mario Oreta,” he said in a press statement.

“What has been established in the Senate inquisition is that Mr. Mercado asked for personal benefit from Alphaland. The officers of the Boy Scouts of the Philippines and Alphaland have categorically denied the participation of the Vice President in the said transaction,” he added.

He insisted that Mercado’s allegations has no basis and will be junked in a fair trial.

On Monday, 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 on Monday.

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

Meanwhile, Alphaland general counsel Atty. Rodolfo Ma. Ponferrada on Tuesday told GMA News Online: "Mr. Ongpin has already disputed this thing before... we're holding the same position."

In January, Oreta said Mercado dropped less than subtle hints that he should get some "benefits" as facilitator of the transaction between the BSP and Alphaland.

Mercado has since denied the allegation.

Fifth plunder complaint

Mercado’s complaint is the fifth plunder complaint against Binay.

The four other complaints were filed by lawyer Renato Bondal who was the opponent of VP Binay’s son, suspended Makati Mayor Erwin “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 City Hall 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 the vice president’s alleged dummies. —With reports from Amita Legaspi and Keith Richard D. Mariano/RSJ/KG, GMA News

Tags: jejomarbinay, makaticityhallbuildingii, ernestomercado, alphaland, boyscoutsofthephilippines