SC asked to oust Binay from BSP post

MANILA, Philippines – The Supreme Court (SC) was asked yesterday to oust Vice President Jejomar Binay from his post as national president of the Boy Scouts of the Philippines (BSP).

In a 12-page petition, lawyer Jesus Nicardo Falcis III asked the high court to prohibit Binay from further discharging his functions and duties in the BSP and declare as unconstitutional his holding of such position.

Falcis, who earlier filed a petition with the SC seeking to allow same-sex marriage in the country, also urged the high court to immediately issue a temporary restraining order (TRO) to enjoin the Vice President from holding office in the BSP.

In a nutshell, petitioner argued that Binay cannot hold another office – apart from his elective post– under Article VII Section 13 of the Constitution.

The provision states that “the President, Vice President, members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure.”

“They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations (GOCCs) or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office,” Falcis said, quoting the law.

He invoked his “clear and unmistakable right to be protected” in filing the petition.

“There is material and substantial invasion of such right… There is an urgent need for the writ to prevent irreparable injury to the applicant,” he added.

“Petitioner submits that the continued holding by Binay of the office of the president of the BSP concurrently with the office of the Vice President constitutes irreparable injury since the invasion of petitioner’s right cannot be adequately compensated in damages,” he said.

Volunteers only 

The camp of Binay, however, dismissed Falcis’ petition.

Rico Quicho, Binay’s spokesperson for political affairs, yesterday said offhand, the BSP is sui generis, or a class by itself. 

“It is not a GOCC in the strict sense of the word,” Quicho said.

“The officers of BSP are not government officials but volunteers. They are elected every year,” he said.

Quicho stressed that the Vice President does not receive any compensation as chairman of the BSP. -– With Helen Flores