Now, it’s Gina Lopez vs Medialdea

Environment Secretary Gina Lopez on Wednesday blasted Executive Secretary Salvador Medialdea for reversing her order requiring mining firms to set up a multimillion trust fund for farmers before being allowed to transport their stockpiles.

Lopez accused Medialdea of issuing “a directive to all the mining companies counteracting my order” and allowing them to transport their stockpiles even without putting up a bond worth P2 million per hectare of

farmland affected by the mining operations.

“What’s that all about? That’s my prerogative as a Cabinet Secretary, so why is the Executive Secretary going against me? I don’t want to fight anyone but he’s disadvantaging farmers,” Lopez told reporters.

“He’s going against the very spirit of the Duterte administration, which is to help the poor. So I’m really not happy about this at all,” she said.

Lopez was referring to orders issued by Medialdea in March resolving appeals made by the mine firms against Lopez’s order in January setting the trust fund as a new condition for Mineral Ore Export Permits (MOEP).

Medialdea said “the filing of the notice of appeal stays the execution of the assailed order.”

“Since the condition of the establishment of a trust fund was not yet in existence then, the same must not be treated as a valid requirement passing upon appellants’ application for an MOEP,” Medialdea said.

Medialdea instead directed firms to post a “surety bond” with the Office of the President amounting to P5 million “as a guarantee that it will comply with the assailed additional condition of putting up such trust fund in the event that the same be eventually ruled as a valid condition.”

Lopez said appeals aired by mining firms that she earlier ordered closed have been languishing in Medialdea’s office. “Let it go to the President and let him decide,” she said.

Medialdea said his order was temporary until all the appeals were settled.

“The stay order does not contradict the President’s policy against destructive mining operations,” he said. “It is provisional in character and may be set aside or modified at any time during the pendency of the appeal.”

Meanwhile, Lopez also expressed “worries” over Finance Undersecretary Bayani Agabin, a lawyer who once represented mining firms.  Agabin is cochairing the Mining Industry Coordinating Council with Lopez in the absence of Finance Secretary Carlos Dominguez, just when a review of the DENR’s mining audit was expected to be underway soon.— with reports from Leila B. Salaverria

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