MGB orders confiscation of extracted black sand
XYPHER’S MOTION DENIED
LINGAYEN—The complainant in the magnetite sand mining in the coastal barangays here hailed the order of the Mines and Geosciences Bureau (MGB) denying the motion for reconsideration of a firm over the confiscation of an estimated 9,588 cubic meters black sand extracted to give way to a golf course project.
Rolando Rea, the last man standing in the controversial black sand mining here, said he is thankful the MGB acted favorably on the complaint he and more than 10 other original complainants filed on the black sand extraction made by Xypher Builders for the development of golf course over a two-hectare area in Barangay Sabangan here.
Rea secured last Monday a copy of the two-page order signed by the Department of Environment and Natural Resources’ officer-in-charge Carlos Tayag of the MGB Region 1 office dated May 15, 2015.
“This is another victory for the people of Pangasinan,” Rea said.
Xypher sought reconsideration of an order dated March 10, 2015 for the confiscation in favor of the government magnetite sand extracted from the said golf course project.
Tayag said in his order, “We find no cogent reason to reconsider or set aside our earlier ruling. Wherefore, the motion for reconsideration is hereby denied.” He said the arguments presented by the movant (Xypher) are untenable.
Xypher argued that the subject magnetite sand was legally extracted because it was covered by a Government Gratuitous Permit (GGP) issued by the provincial government of Pangasinan.
But Tayag said the GGP “is not synonymous with a Mineral Processing Permit”. A GGP only covers quarry, sand and gravel or loose/unconsolidated materials, he said.
He said GPP does not include magnetite sand and that there is still a need to process these sand and gravel or unconsolidated materials in order to extract the magnetite, which is a mineral. “For this purpose, a Mineral Processing Permit is required,” he said.
“Considering that the process done by Xypher Builders, Inc. to separate the magnetite from the unconsolidated materials was done without a Mineral processing Permit, the extraction of the magnetite is, therefore, illegal,” the order said.
He pointed out that the provincial government is “not clothed with the authority to issue mineral processing permit.” Only the MGB has that authority, he said.
Xypher also argued that it has paid extraction fee of P1,075,000 but Tayag said,” Because the extraction of the magnetite was illegal from the start, whatever payment made to the government by Xypher or Alexandra Mining does not make the act legal.”
He said the contention of Xypher that MGB favorably endorsed the issuance of the Mineral Ore Export Permit by the provincial governor (Amado Espino Jr.) “is severely misplaced”.
Tayag also said it is also noteworthy that the provincial administrator who signed the GGP for and in behalf of the provincial governor, was dismissed from service by the Ombudsman for grave misconduct committed by granting a mining permit to Xypher.
“This puts to question even the validity of the GPP,” the order added.
Meanwhile, Rea, appealed to the Office of the Ombudsman to prioritize the legal process of this case and to order the Sandiganbayan “to get my statements now before I go blind”.
“I have nothing to gain on this but I just wanted the people to enjoy once more the beach as they have been restricted from doing so when the provincial government built a six-foot tall, three-kilometer-stretch concrete wall along the coastal area where the extracted black sand is located in the guise of developing a golf course,” Rea, a septuagenarian, said.(Tita Roces)
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