Espino, Baraan et al. acquitted in black sand mining issue

VINDICATED AFTER 9 YEARS

THE 6th division of the Sandiganbayan has acquitted former Governor and former Fifth District Congressman Amado Espino Jr., former Provincial Administrator Rafael Baraan, Provincial Housing and Urban Development Coordinator Alvin Bigay and eight others in connection with the alleged black sand mining some nine years ago in Lingayen.

Others acquitted in the 55-page decision promulgated by the Sandiganbayan on December 3 were Cesar Detera, Edwin Alcazar, Lolita Bolayog, Denise Ann Sia Kho Po, Analyn Pujol Detera, Cynthia Camara, Glen Rosales Subia and Emiliano Buenavista in Criminal Case No. SB-16-CRM 0188 for violation of Section 3(e) of Republic Act 3019.

Espino was charged with two counts of violation of the anti-corrupt practices acts alleged to have been committed sometime in June 2011 when he allegedly gave unwarranted benefits, privilege or advantage to Alexandra Mining and Oil Ventures, Inc. causing undue injury to the government by allowing the company to undertake soil remediation and magnetite and mineral extraction despite the fact that the company is not lawfully entitled to conduct mining activities.

The alleged transaction was reportedly consummated during the administration of Espino as governor of Pangasinan at which time the provincial government was preparing for the construction of a golf course inside the then planned Lingayen Export Processing  Zone.

Acquitted with Espino, Baraan and Bigay in Criminal Case No. SB-16-CRM-0119, for violation of Sec. 3(e) of RA 3019, were Michael Pacheco Ramirez, Gina Prada Alcazar, Avery Lustestica Pujol, Camara and Bolayog.

The Sandiganbayan decided to acquit the accused for failure of the prosecution to prove them guilty beyond reasonable doubt.

The administrative cases filed against Baraan and Bigay, being public officials, were dismissed by the Sandiganbayan about four years ago while Espino was spared from the administrative cases then being an elected congressman of the Fifth District of Pangasinan.

After his acquittal, Bigay returned to his old post as PHUDCO chief. In the case of Baraan, he was no longer able to retake his old post.

The Sandiganbayan decision was penned by Associate Justice Kevin Narce Vivero with the concurrence of Associate Justices Sarah Jane T. Fernandez and Karl B. Miranda. (Leonardo Micua)

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