Ombudsman OKs case vs Pangasinan gov over black sand mining
MANILA, Philippines—Ombudsman Conchita Carpio-Morales on Tuesday ordered the filing of criminal case against Pangasinan Governor Amado Espino and several others for engaging in illegal black sand mining trade in the Lingayen Gulf area.
Aside from Espino, also facing two counts of violation of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act are Provincial Administrator Rafael Baraan, Cynthia Camara and Lolita Bolayog of Alexandra Mining and Oil Ventures, Inc. ( Alexandra Mining).
Facing one count of violation of R.A. No. 3019 are Pangasinan Housing and Urban Development Coordinating Officer Alvin Bigay, Alexandra Mining Directors Cesar Detera, Edwin Alcazar, Denise Ann Sia Kho Po, Annlyn Detera, Glenn Subia and Emiliano Buenavista and Michael Ramirez, Gina Alcazar and Avery Pujol of Xypher Builders, Inc.
Ombudsman Conchita Carpio-Morales. SENATE POOL FILE PHOTO
In addition to the criminal indictments, Baraan and Bigay were found administratively liable for Grave Misconduct and meted out the penalty of dismissal from the service, with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from reemployment in the government service.
Meanwhile, the complaints against Lingayen Mayor Ernesto Castañeda, Jr., Sabangan Barangay (village) Chairman Hector Fabiana, Estanza Barangay Chairman Mario Navarro, Malimpuec Barangay Chairman Delfin Velasco and Provincial Consultant Eric Acuña were dismissed for lack of merit.
Residents in the area sought an investigation following continuous mining activities even if the affected villages of Sabangan, Estanza, Malimpuec and Capandanan have been declared an environmentally critical area under Presidential Proclamation No. 1258.
Then, the investigating team of the Mines and Geosciences Bureau of the Department of Environment and Natural Resources of Region I issued a report on Oct. 18, 2011 recommending that the SSMP in favor of Alexandra Mining be canceled as it was issued without an Environmental Compliance Certificate (ECC); that Alexandra Mining be penalized for putting up a mineral processing plant sans ECC; and that a Cease and Desist Order be issued enjoining the mining firm from further extracting beach sand pending the resolution of the issue.
But almost a week later, the provincial government issued Gratuitous Permit No. 02-02-2011 authorizing Xypher Buildings and the Provincial Housing and Development Coordinating Office to extract and utilize loose and unconsolidated materials, and recover magnetite sand in Sabangan. On 08 December 2011, Espino issued a Mineral Ore Export Permit in favor of Xypher.
Also, the Ombudsman said both Alexandra Mining and Xypher Builders are not registered contractors with the Philippine Contractors Accreditation Board, and the ECC was belatedly issued in favor of Baraan for the Lingayen Golf Course Project only on 02 January 2013. Coincidentally, Alexandra Mining is not registered as a legitimate business establishment in Lingayen.
“There is probable cause to charge respondents Epino and Baraan for violation of Section 3(e) of RA 3019 for authorizing unlawful magnetite extraction activities in favor of an unqualified contractor/mining company,” adding that “by reason of the precipitate and irregular issuance by respondent Espino of the export permit to China, the State lost minerals in the conservative amount of P10.7 million,” the Ombudsman said.
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