The
Environmental Ombudsman slammed local government officials of Pangasinan for
engaging in illegal black sand mining trade in the Lingayen Gulf area.
Facing
two counts of violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft
and Corrupt Practices Act) are Governor Amado Espino, Provincial Administrator
Rafael Baraan, along with Cynthia Camara and Lolita Bolayog of Alexandra Mining
and Oil Ventures, Inc ( Alexandra Mining).
Facing one count
of violation of Section 3(e) of R.A. No. 3019 are Pangasinan Housing and Urban
Development Coordinating Officer Alvin Bigay, Alexandra Mining Directors Cesar
Detera, Edwin Alcazar, Denise Ann Sia Kho Po, Annlyn Detera, Glenn Subia and
Emiliano Buenavista and Michael Ramirez,
Gina Alcazar and Avery Pujol of Xypher Builders, Inc.
In
the Joint Resolution, the Environmental Ombudsman cited that Presidential
Proclamation No. 1258 ( 1998) declared Lingayen Gulf as an environmentally
critical area and expanded the scope of the protected area to cover the barangays of Sabangan, Estanza,
Malimpuec and Capandanan, reserving a protected area of 184 hectares for
eco-tourism and other sustainable development activities and projects.
Upon
assumption as Governor in June 2007, Espino crafted the Site Development Plan
that would turn the area into an eco-tourism complex, with the development of
two 18-hole golf courses at par with international standards. Immediately
after, a negotiated contract was entered into between the local government and
Alexandra Mining with soil remediation activities conducted in Barangay Sabangan as pilot area. On 29 June 2011, a Small Scale Mining Permit
(SSMP) was issued in favor of Alexandra Mining.
Barely three weeks later, Baraan
issued a Notice of Cancellation of the SSMP and ordered Alexandra Mining to
vacate the area.
On
08 August 2011, a Memorandum of Agreement (MOA) was entered into between Espino
and Xypher Builders for the removal of metallic materials from the sand pile
already vacated by Alexandra Mining.
Upon
request for investigation made by residents of the affected barangays, the
investigating team of the Mines and Geosciences Bureau of the Department of
Environment and Natural Resources of Region I issued a report on 18 October
2011 recommending that the SSMP in favor of Alexandra Mining be cancelled as it
was issued without an Environmental Compliance Certificate (ECC); that
Alexandra Mining be penalized for putting up a mineral processing plant sans
ECC; and that a Cease and Desist Order be issued enjoining the mining firm from
further extracting beach sand pending the resolution of the issue.
Notwithstanding
this, almost a week later or on 26 October 2011, the provincial government
issued Gratuitous Permit No. 02-02-2011 authorizing Xypher Buildings and the
Provincial Housing and Development Coordinating Office to extract and utilize
loose and unconsolidated materials, and
recover magnetite sand in Sabangan. On
08 December 2011, Espino issued a Mineral Ore Export Permit in favor of Xypher.
In
supporting the indictment for graft, the Environmental Ombudsman discovered
that both Alexandra Mining and Xypher Builders are not registered contractors
with the Philippine Contractors Accreditation Board, and the ECC was belatedly issued in favor of
Baraan for the Lingayen Golf Course Project only on 02 January 2013. Coincidentally, Alexandra Mining is not
registered as a legitimate business establishment in Lingayen.
In
approving the Joint Resolution, Ombudsman Conchita Carpio Morales stated that
“there is probable cause to charge respondents Epino and Baraan for violation
of Section 3(e) of RA 3019 for authorizing unlawful magnetite extraction
activities in favor of an unqualified contractor/mining company,” adding that
“by reason of the precipitate and irregular issuance by respondent Espino of
the export permit to China, the State lost minerals in the conservative amount
of P10.7 million.”
Aside
from the criminal indictments, Baraan and Bigay were found administratively
liable for Grave Misconduct and meted out the penalty of dismissal from the
service, with the accessory penalties of cancellation of eligibility,
forfeiture of retirement benefits, and perpetual disqualification from
reemployment in the government service.
Meanwhile,
the complaints against Lingayen Mayor Ernesto Castañeda, Jr., Sabangan Barangay
Chairman Hector Fabiana, Estanza Barangay Chairman Mario Navarro, Malimpuec
Barangay Chairman Delfin Velasco and Provincial Consultant Eric Acuña were
dismissed for lack of merit.
In
May 2012, Ombudsman Morales re-activated the Ombudsman Environmental Team to handle
cases filed with the office against government officials and individuals
accused of violating environmental laws, which team is currently headed by
Deputy Ombudsman Gerard Mosquera as Environmental Ombudsman.###
Public Information and Media Relations Bureau
Office of the Ombudsman
Telephone Number 4267750; 4797300
local 122
Email:
mediaaffairs@ombudsman.gov.ph
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