Ombudsman indicts Governor, 14 others
FOR BLACK SAND MINING
LINGAYEN—News of the Ombudsman’s decision to indict Gov. Amado T. Espino, Jr., Provincial Administrator Rafael Baraan and 12 others for allegedly engaging in illegal black sand mining trade in the Lingayen Gulf area, came as a complete surprise to the province’s officials and including the barangay officials in Lingayen who protested the development of the eco-tourism project.
Provincial Information Officer Orpheus Velasco said Wednesday the governor learned about it only when he was handed a copy of a press release from the Office of the Ombudsman sent via e-mail to media Tuesday.
“I thought this issue was already over,” Gov. Espino reportedly said..
Quoting a joint resolution approved by Ombudsman Conchita Carpio Morales, the press release stated that “there is probable cause to charge respondents Espino and Provincial Administrator Rafael Baraan for violation of Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) or authorizing unlawful magnetite extraction activities in favor of an unqualified contractor/mining company.
It added 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.”
Both Espino and Baraan, along with Cynthia Camara and Lolita Bolayog of Alexandra Mining and Oil Ventures, Inc (Alexandra Mining) are facing two counts of violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
Facing one count of violation of the same law 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.
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.
Baraan, according to Velasco, is set to file his motion for reconsideration for his administrative and criminal cases upon receipt of the official copy of the decision.
Velasco said while the governor was saddened by the decision after reading the press release, he did not allow it to distract from his scheduled activities last Wednesday. He proceeded to a team building activity of provincial government employees at the Narciso Ramos Sports and Civic Center here where he talked about the Ombudsman’s resolution.
The governor, thereafter, told the employees not be distracted by the news and urged them “to continue to protect the gains that we have accomplished for our province.”
The employees, Velasco said, were inspired by the governor’s demeanor in spite of the negative development.
RESOLUTION
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 June 29, 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 August 8, 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 October 18, 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 October 26, 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 December 8, 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 January 2, 2013. Alexandra Mining is also not registered as a business establishment in Lingayen.
Share your Comments or Reactions
Powered by Facebook Comments
