Espino posts bail for mining graft rap

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

Outgoing Pangasinan Governor Amado Espino posted bail for his graft charge over alleged black sand mining in the province.

Espino posted a P60,000 bail bond for two counts of graft before the Sandiganbayan Sixth Division Monday afternoon.

Espino posted bail a few hours after the court found probable cause to try him for graft and issued an arrest warrant.

In its resolution promulgated Monday, the court said it denied Espino’s motion to dismiss the case for lack of probable cause and for deferment of the issuance of an arrest warrant.

The court noted though that the finding of probable cause only meant that to a reasonable mind, a crime was committed but does not mean guilt beyond reasonable doubt.

It said the issues raised by the respondents are best threshed out during trial proper.

“A finding of probable cause merely binds over the suspect to stand trial. It is not a pronouncement of guilt,” the court said.

“Wherefore, the court finds probable cause in these cases…. Let warrants of arrest be issued against all of the accused,” it added.

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.

READ: Pangasinan governor charged with graft over black sand mining

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.

In the case of Xypher, the prosecution alleged that Xypher 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 said there was no need 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 illegal mining activity.

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

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 were 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.

Bigay and Baraan also posted their P60,000 bail bond on Monday.

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 national polls. RAM/rga