Ombudsman completes fact-finding investigation on Binay, BSP and BIR officials over sale of Malugay property

June 13, 2018

The Field Identification Office (FIO) completed its fact-finding investigation into the sale of the property owned by the Boy Scouts of the Philippines (BSP) located in Malugay Street, Makati City.

The FIO recommended the filing of criminal and administrative charges for violation of Section 3(e) and (g) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) against former Vice President Jejomar Binay, the BSP president; Senior Vice President Wendel Avisado, BSP executives Del De Guzman, J. Miguel De Jesus, Enrique Lagdameo, Pedro Destura, Dale Corvera, Maximo Edralin, Jr., Remedios Petilla, Roberto Pagdanganan, Harmes Sembrano, Mildred Garay, Manuel Jose Dalipe, Leo Lasacar, Danilo Asiaten, Lutgardo Barbo, Jose Mari Pelaez, Ireneo Aquino, Jose Eduardo Delgado, Henry Dy, Jose Ma. Gastardo, Pepito Carpio, Nemesio Miranda, Jr., Jaime Semana, Wilfredo Chato, Alan Zulueta, Jorge Banal, Efren Edgard Dieta, Rodolfo Tamani, Von Carlo Yacob, J. Rizal Pangilinan, Salud Bagalso, and Amado Espino, Jr.

Charges for violation of Section 3(e) were also recommended against Alphaland Makati Place, Inc.  President Mario Oreta, former Bureau of Internal Revenue Officers: Teodoro Galicia, authorized revenue official; Mark Anthony Panganiban, revenue officer; and Romeo Tomas, group supervisor.

An administrative complaint for gross neglect of duty was also recommended to be filed against Binay, Avisado, De Guzman, Pagdanganan, Lasacar, Palaez, Delgado, Dy and Carpio.

The criminal and administrative charges will undergo preliminary investigation and administrative adjudication, respectively.

Fact-finding investigation disclosed that on 02 June 2011, the BSP National Executive Board authorized the sale of the 10,000-square meter property to Alphaland Makati Place for a total contract price of P600,000,000.00.

According to the FIO, the sale was grossly undervalued considering that under the Omnibus Loan and Security Agreement between BSP and AMPI, the Malugay property was mortgaged for P1,750,000,000 which is indicative of the property’s true value.

On November 25 2015, AMPI commissioned Intech Property Appraisal, Inc. (Intech) to appraise the Malugay property and its improvements. According to Intech, the land was valued at P1,700,000,000 (10,000 sqm xP170,000.00/ sqm) and its improvements valued at P8,426,541,915.00 or a total appraisal value of P10,126,542,000.

BIR officials were faulted for certifying that the sale was exempt from payment of capital gains tax which resulted in a loss of P63,000,000 in tax collection for the government.

According to the FIO, the grant of tax exemption from capital gains tax without obtaining a request for BIR ruling for the exemption was made with manifest partiality and evident bad faith causing undue injury to the government.  DMS