Mining firm files graft complaint against Lopez in Ombudsman

A mining company filed graft, unethical conduct and extortion charges against Environment Secretary Gina Lopez on Wednesday, the same day the Commission on Appointments rejected her nomination, for requiring it to put up a P130-million performance bond in favor of a nongovernment organization (NGO) under her control.

Citinickel Mines Development Corp. (CMDC) lawyer Lorna Kapunan said mining laws did not require sucha bond but Lopez made it an additional requirement to secure a mineral ore export permit.

New restrictions

“She exceeds the powers vested in her office by arbitrarily imposing new restrictions in the mining industry which [are] not found under existing laws,” Kapunan said after filing the complaint in the Ombudsman.

Kapunan said Lopez imposed the requirement even after she suspended CMDC in July 2016.

The company applied for the mineral ore export permit to haul its remaining stockpile in Palawan province.

The Mines and Geosciences Bureau issued the permit in November 2016.

On Jan. 30, Lopez issued a new order requiring mining companies to set up a trust fund of P2 million per hectare of disturbed land for rehabilitation purposes.

Performance bond

On Feb. 17, she issued another order requiring CMDC to pay a performance bond of P130 million and use biochar technology to rehabilitate the mined areas.

Kapunan said former Environment Undersecretary Philip Camara, who heads a company that promotes the use of biochar, had required CMDC to organize an NGO, called Española Community Administration Services Inc. (Ecasi), to receive the P130-million performance bond and the trust fund of P2 million per hectare of disturbed land.

Suspension order

Kapunan said Camara required CMDC to deposit in Ecasi’s account P1 million for every vessel used to ship their mineral ores.

While Malacañang stayed Lopez’s suspension order on March 3 pending a review, Kapunan stressed that CMDC’s operations remained suspended.