LINGAYEN—The Office of Ombudsman has affirmed its decision indicting the governor and two other top provincial government officials for authorizing unlawful magnetite extraction activities here in favor of an unaccredited contractor and allowing export of extracted minerals to China.

In a 12-page joint order signed by Jasmine Ann Gapatan, Graft Investigation and Prosecution Officer II, approved by Ombudsman Conchita Carpio Morales, it maintained its findings that there is probable cause to charge respondents Gov. Amado Espino Jr, Rafael Baraan and Engr. Alvin Bigay “for violation of Section 3 (e), Republic Act 3019 for authorizing unlawful magnetite extraction activities in favor of an unaccredited contractor and allowing the export of the minerals worth P10, 750,000 to China.”

It said that respondent officials of Xypher Builders Inc. “knew that their company was not accredited by Philippine Contractors Board (PCAB), yet they negotiated, entered into and executed the magnetite extraction contract with respondents Espino and Baraan, thereby making them conspirators and principals by direct participation or indispensable cooperation”.

The Ombudsman also maintained its finding of grave misconduct against public respondents Provincial Administrator Baraan and Provincial Housing and Homesite Regulation Officer Bigay, and meting the penalty of dismissal from service and its accessory penalties against them.

On December 11, 2014, Baraan and Bigay were handed a writ executing the joint resolution of the Office of the Deputy Ombudsman for Luzon dated February 28, 2014 that meted them with the administrative penalty of dismissal from service, with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification for reemployment in the government service.

The criminal and administrative charges against respondents stemmed from their acts of authorizing/allowing Alexandra Mining and Oil Ventures, Inc. (AMOVI) to conduct soil remediation and/or magnetite and mineral extraction activities within Barangay Sabangan in Lingayen Gulf, Pangasinan; issuing a small-scale mining permit to AMOVI allowing the said mining company to conduct mining activities (remove magnetite sand from area) during or incident to, AMOVI’s soil remediation activities of the provincial government-proposed golf course site; authorizing/

allowing Xypher to conduct soil remediation and/or magnetite and mineral extraction activities within Barangay Sabangan in Lingayen Gulf, Pangasinan; issuing a government gratuitous permit to Xypher and the Provincial Housing and Development Coordinating Office to extract and utilize loose and unconsolidated materials and recover magnetite sand in Barangay Sabangan, Lingayen; and issuing a mineral ore export permit in favor of Xypher over the materials extracted from the subject site.

The Ombudsman decision also denied motion for reconsideration on October 27, 2014 filed by Cesar Detera, Edwin Alcazar, Lolita Bolayog, Denise Ann Sia Kho Po, Annlyn Detera, Cynthia Camara, Emilano Buenavista, Michael Ramirez, Gina Alcazar and Avery Pujol and another motion for reconsideration filed by Glenn Subia dated Oct. 28, 2014, all from AMOVI and Xypher Builders, Inc. (Tita Roces)

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