Barbers files countersuit vs Pichay, accuses rival of mining interests

Surigao Del Norte Rep. Robert “Ace” Barbers filed a countersuit against his political adversary Surigao Del Sur Rep. Prospero Pichay Jr. for disorderly behavior and for allegedly having mining interests while serving in the government.

Barbers filed the countersuit against Pichay’s earlier ethics complaint against him.

READ: Pichay files ethics complaint vs Barbers for disorderly behavior 

In a statement, Pichay said he welcomes the countersuit, claiming Barbers was driven by political vendetta against him when the latter supposedly fielded candidates against the Barbers clan in Surigao Del Norte.

“The truth is, he is motivated by partisan politics and his burning desire to get back at me for supporting the political opponents of his family in Surigao Del Norte. However, I am not to be blame for the losses of the Barbers… Instead of blaming me, he should reflect on his actions which caused them to be repudiated by their own province-mates,” Pichay said.

READ: Fight not yet over: Barbers accuses Pichay of illegal mining 

In his complaint filed before the House of Representatives ethics complaint on Tuesday, Barbers accused Pichay of violating the House code of conduct that requires members to “act at all times in a manner that shall reflect creditably on the House.”

The complaint also said Pichay violated the provision that a member should not “personally… be directly or indirectly financially interested in any government… granted by the government…”

READ: Barbers denies having ax to grind vs Pichay

The complaint added that Pichay violated the provision that a “member shall not intervene in any matter before any office of the government for personal pecuniary benefit.”

Barbers accused Pichay of taking advantage of his position as congressman to pursue financial interests in mining as owner of the mining firm Claver Mineral and Development Corp.

Financial interest

Barbers said Pichay used his power and influence to pressure Department of Environment and Natural Resources (DENR) Undersecretary Leo Jasareno at the sidelines of a budget hearing to extend the ore transport permit (OTP) and mineral ore export permit (MOEP) of Claver mining firm.

READ:  Suspended Pichay firm allowed to sell nickel to China; suit vs gov’t eyed 

“It did not take too long for the respondent to prevail using his political pressure and influence. He succeeded in causing the DENR-MGB to grant extension of OTP and MOEP in favor of his mining company. It has been reported that the respondent has been able to export a shipload and will soon be exporting more shiploads of high grade mineral ore shortly after he was granted extension of the OTP/MOEP,” Barbers said in his complaint.

Barbers said Pichay also violated the Anti-Graft and Corrupt Practices Act for having a financial interest in a government transaction.

“The fact remains that the respondent personally intervened in government offices during his term of office which is expressly prohibited by the House Rules on Code of Ethics, the Anti-Graft and Corrupt Practices Act and the 1987 Constitution,” Barbers said.

In his statement, Pichay said he bought Claver mining in October 2015 when he was not yet a member of Congress.

Pichay said the firm had an existing mineral sharing agreement with the government before he purchased the shares of the Claver mining firm.

He added that the firm went through the process to acquire ore shipment permits during the previous administration long before Pichay became congressman.

“We have gone through all proper processes to secure the necessary permits from the Mines and Geosciences Bureau,” Pichay said.

In the statement, Claver mining president Cesar Detera also said Barbers presented a “twisted and false version of events,” denying Barbers’ claim that the firm earned P86 million in ore shipments.

Disorderly behavior 

Barbers also said Pichay was liable for disorderly behavior and unparliamentary manner when the latter tried to block lawmakers from grilling him during a charter change committee deliberation and for cursing at Barbers when the two almost got into a fist fight.

WATCH: Charter change debate ends with solons’ fight 

“Upon reaching the place where the respondent was seated, the complainant started to ask what was he (respondent) trying to convey with those gestures. However, the respondent suddenly raised his voice and assaulted the complainant with slurring invective, ‘P… mo!’ His nasty language was scandalously loud to draw attention to the people inside the room. The complainant retorted and the heated exchange of words ensued,” Barbers said.

Barbers then attached a transcript of the altercation when both lawmakers traded invectives and challenged each other to a fistfight. Barbers said Pichay instigated the fight.

“What has clearly transpired is that the respondent committed rude, discourteous and un- parliamentary conduct during the latter part of the deliberation. He also triggered the heated altercation and resorted to physical contact/violence against the complainant during the suspension of proceedings,” Barbers said.

“It was also the respondent who started to signify a challenge to a fistfight in the course of their altercation, prompting the complainant to warn him “Huwag mo akong hamunin!” And, there, the respondent resorted to physical contact/violence by fiercely thrusting the complainant,” he added.

Barbers and Pichay’s political spat started supposedly when Pichay claimed to have fielded the Romarates and Matugas in Surigao Del Norte to end the Barbers rule in the province in 2010. Barbers has denied this allegation.

READ: Political rift may be behind Barbers-Pichay spat

Barbers only regained his congressional seat in the 2016 elections, but his brother Lyndon failed in his congressional and mayoralty bids in 2007 and 2010, respectively. Surigao del Norte was the bailiwick of the Barbers, before the patriarch former congressman and senator Robert Barbers died of heart attack in 2005.

The political spat escalated to a near altercation in the middle of a House constitutional amendments hearing on charter change that would have worsened to a fist fight if they were not separated by their colleagues.

Barbers also accused Pichay of pressuring environment officials to secure ore shipment permits for the latter’s mining firm Claver Mineral and Development Corp. (CMDC), which was halted under the Duterte administration.

Pichay denied using his political clout to get preferential treatment.

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