The Office of the Ombudsman filed on Monday graft charges before the Sandiganbayan against Pangasinan Gov. Amado Espino Jr. and several other people in connection with their alleged involvement in the illegal magnetite or black sand mining along the coastal areas of Lingayen.
Apart from Espino, the anti-graft body also indicted were Provincial Administrator Rafael Baraan and Cynthia Camara and Lolita Bolayog of Alexandra Mining and Oil Ventures Inc. (Alexandra Mining).
Also charged were 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.
The filing of graft complaints against Espino and others came after Ombudsman Conchita Carpio-Morales has upheld its decision indicting Espino, Baraan and several others for graft and corruption over illegal black sand mining activities in Pangasinan.
In a Jan. 11, 2016 resolution, Ombudsman Conchita Carpio-Morales denied the motions for reconsideration filed by Espino, dismissed provincial administrator Rafael Baraan and provincial housing development officer Alvin Bigay, and officers of the companies contracted for the magnetite extraction activities.
“All indictments against them, as originally written in a joint resolution dated February 28, 2014, stand. The office maintains the finding of grave misconduct and meting the penalty and accessory penalties against Baraan and Bigay,” the Ombudsman ruled.
The anti-graft body stressed that it found Espino, Baraan and Bigay criminally liable for their actions when they issued permits and transacted with two companies—Alexandra Mining and Oil Ventures and Xypher Builders Inc.—which were “unqualified to undertake the eco-tourism, golf course development and/or mining activities.”
It noted that the two companies contracted to remove the black sand did not acquire environmental compliance certificate allowing them to undertake magnetite extraction activities in Lingayen Gulf, and were not members of the Philippine Contractors Accreditation Board.
“Despite this glaring infirmity, they [Espino and other provincial officials] still negotiated and contracted with this unregistered contractor and authorized the magnetite extraction activities, thereby evincing their manifest partiality in favor of the said companies,” the Ombudsman said, in its resolution.
The extraction of the magnetite, also known as black sand, happened from 2011 to 2013 within the area of a proposed 18-hole golf-course project spanning the coastal barangays of Sabangan, Malimpuec, Capandanan and Estanza.
Last year, the Office of the Ombudsman ordered the filing of graft charges Espino and 13 others for allegedly engaging in illegal black sand mining trade in the Lingayen Gulf area.
The Ombudsman said Espino, Baraan, and Cynthia Camara and Lolita Bolayog of Alexandra Mining and Oil Ventures, Inc. violated two counts of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
On the other hand, 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. violated one count of Section 3(e).
Section 3 (e) of the anti-graft law penalizes “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”
“There is probable cause to charge respondents Espino and Baraan for violation of Section 3(e) of RA 3019 for authorizing unlawful magnetite extraction activities in favor of an unqualified contractor or mining company,” Morales stressed.
Apart from criminal charges, Baraan and Bigay were also found administratively liable for grave misconduct, which resulted to their dismissal from service “with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from reemployment in the government service.”