Property developer Mario Oreta, whose 5-percent share in a property deal allegedly ended up with Vice President Jejomar Binay, won鈥檛 get off the hook that easily.
The Senate blue ribbon subcommittee said it will invite Revenue Commissioner Kim Henares to its next hearing to determine whether Oreta鈥檚 purported failure to declare his income from the 5-percent share constituted tax evasion, Sen. Aquilino Pimentel III, the subcommittee chair, said on Friday.
鈥淲e better get the opinion of the BIR commissioner if additional compensation for a certain year in the form of stocks is taxable or not,鈥 Pimentel said.
In June 2008, the Boy Scouts of the Philippines (BSP) concluded a deal with Alphaland Corp. to develop a Makati prime property owned by the BSP into a residential and commercial facility, now known as the Alphaland Makati Place project.
Binay鈥檚 alleged share
Former Makati Vice Mayor Ernesto Mercado alleged that a 5-percent share from the deal was given to Binay through Silvertown Property Development Corp. shares transferred to the company, Noble Care, owned by Oreta, who is now the Alphaland Corp. president. The Silvertown shares were later swapped with Alphaland shares.
Oreta said the 5 percent that went to Noble Care was part of his compensation for closing the deal with the BSP.
Testifying at last Wednesday鈥檚 hearing on the deal, Alphaland CEO Roberto Ongpin called Mercado鈥檚 claim 鈥渃omplete nonsense.鈥 The 5 percent was Oreta鈥檚 鈥渃arried interest鈥 for closing the deal, he said.
Hearings resume in March
Pimentel said the hearings on the BSP deal will resume in early March because Sen. Sergio Osme帽a III and other senators were 鈥渘ot satisfied鈥 with the answers given at the last hearing.
But for now it would be 鈥渦nfair鈥 to conclude that if Oreta failed to prove ownership of the 5 percent, that belonged to the Vice President, Pimentel said.
鈥淭hat鈥檚 multiple-step assumption,鈥 he said, but credited Mercado for his good research on the transaction.
How it was done
Quoting Binay鈥檚 aide, Gerardo Limlingan, Mercado said that 5 percent of the 20 percent represented Binay鈥檚 share to fund his campaign, for which the latter got an initial P189 million.
According to Mercado, for Binay to collect his share, in August 2008, Alphaland granted Noble Care 5.88 percent shares in Alphaland/Silvertown, equivalent to 2,031 shares at P10 each, or P20,310. It also granted Noble Care a P100.4-million loan, Mercado said.
After two years, Alphaland bought back Noble Care鈥檚 shares for P88.973 million, and wrote off its P100.4-million loan, or a total of P188.973, he said.
Binay to sue
Binay on Friday asked why the congressional investigation into the Mamasapano clash was concluded after just two hearings while hearings on the allegations of corruption against him seemed not to be winding down.
鈥淭he Senate is one for the books. You see, an important investigation into the (Mamasapano) massacre is done now after two hearings. But these full of lies, one after another has reached to 15 sessions,鈥 Binay said in a radio interview in Iloilo City on Friday.
Sen. Grace Poe, who is leading the Senate probe on the Mamasapano incident, said she was considering terminating the investigation, after holding three hearings.
The Senate has also conducted two executive sessions.
Binay said his detractors at the Senate had to prolong the investigation into his alleged corruption, hoping to change the people鈥檚 perception about him.
He said he would file charges against the senators and people leading the attacks against him.
鈥淚n the next few days, just wait and see. I will file charges,鈥 he said.
鈥(The senators) are no longer covered by immunity since they were interviewed and what they said were out in the newspapers,鈥 Binay said, without naming names.
4 more hearings
Sen. Antonio Trillanes IV, who initiated the investigation into the Binay鈥檚 allegedly corrupt transactions when he was the mayor of Makati, said the Senate subcommittee was planning to wrap up its investigation before Congress takes a break.
Four more hearings will be held before the investigation鈥檚 conclusion, he said.
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