State lawyers oppose Pangasinan gov bid to junk black sand mining rap

Pangasinan Gov. Amado Espino Jr. Photo from pangasinan.gov.ph

State prosecutors on Tuesday opposed the move of outgoing Pangasinan Governor Amado Espino to dismiss his graft charge over alleged black sand mining in the province.

In its comment opposition filed before the Sandiganbayan Sixth Division, the Office of the Special Prosecutor said the court should rule that there is probable cause to try Espino.

READ: Pangasinan governor charged with graft over black sand mining

According to the graft sheet, Espino in 2011 issued two permits to Xypher Builders Inc. and Alexandra Mining and Oil Ventures Inc. for the companies to conduct soil remediation and magnetite and mineral extraction in Barangay (village) Sabangan, Lingayen.

Prosecutors accused Espino of authorizing the issuance of mining ore export permit, gratuitous permit, and small scale mining permit to the mining firms although these were not lawfully entitled to conduct mining activities because these were not registered with the Philippine Contractors Accreditation Board.

The mining activities of the companies also allegedly lacked the requisite area clearance from the Mines and Geosciences Bureau (MGB) of the Department of Environment and Natural Resources, the prosecutors added.

READ: Ombudsman affirms indictment of Pangasinan gov, dismissed execs

In the case of Xypher, the prosecution alleged that it caused undue injury to government for selling to DH Kingstone Holdings Co. Ltd. export materials to China worth P10.75 million.

Meanwhile, Alexandra allegedly did not obtain a business permit from the Lingayen municipal government.

In his motion to dismiss the case, Espino claimed the issuance of a small scale mining permit to Alexandria is not illegal because the purpose of the permit is not to allow a mining activity but to extract black magnetite sand from a lot intended to be built as a golf course.

Espino said the black sand was extracted to allow plants to grow in the supposed golf course.

He said there was nothing irregular in the grant of a gratuitous permit and mineral ore export permit to Xypher because these permits were not technically granted to Xypher but issued to the Pangasinan Housing and Urban Development Coordinating Office.

Espino also said there was no need for the firms to secure a clearance from the MGB because the excavation of black sand was not related to mining.

Espino said that there was no need for Alexandria and Xypher to be accredited because “soil analysis and remediation” did not mean there was construction of any building in the area.

He added that it was not necessary for Alexandria and Xypher to get a business permit because the two firms did not profit from the supposed soil analysis.

In opposing Espino’s motion, the prosecution told the court that the accused was only using the supposed golf project as a ruse to hide that there was an illegal mining activity.

It added that the act by Espino and his co-accused to issue the said documents related to mining “only shows that at the very start they were already cognizant of the fact that a mining activity is to be conducted…”

“The planned golf course is a convenient excuse to cover up the illegal mining activity,” the prosecution said.

Espino also refuted the Office of the Ombudsman’s findings that the black sand was exported to China, adding that none of the black sand was exported or lost.

The prosecution said the mere issuance of a mineral ore export permit to Xypher belied Espino’s denial of the export of black sand to China.

“By allowing Xypher to export the mineral ore… movants in effect allowed the extraction of magnetite black sand from the alleged planned golf course for commercial purpose,” the prosecution said.

Charged with Espino are the following officials: provincial administrator Rafael Baraan, and Provincial Housing and Homesite Regulation officer Alvin Bigay; Xypher Board of Directors are Michael Ramirez, Gina Alcazar, Avery Pujol, Cynthia Camara, Lolita Bolayog; Cesar Detera, Edwin Alcazar, Lolita Bolayog, Denise Ann Sia Kho Po, Annlyn Detera, Cynthia Camara, Glenn Subia, and Emiliano Buenavista from Alexandra Board of Directors.

Espino would be replaced by his son Amado “Pogi” Espino III who won the provincial capitol seat against former Pangasinan Rep. Mark Cojuangco in the May 9 elections. RAM