OMBUDSMAN Conchita Carpio-Morales on Friday approved the filing of graft, usurpation of official functions charges against Zambales Gov. Hermogenes Ebdane Jr. in connection with a case filed against him and several other individuals by a mining company.
The Special Panel of the Environmental Ombudsman Team, which investigated the respondents, also recommended the indictment of Romelino Gojo, member of the Provincial Mining Regulatory Board (PMRB); private individuals Weng Chen and Camilo Esico; and three others connected with Geoking Asia Mining Corp. (Geoking) for theft of minerals under Section 103 of Republic Act 7942, or the Philippine Mining Act of 1995.
The case stemmed from a complaint filed by Consolidated Mines Inc. (CMI), the mineral, rights holder of the area covered by the Coto Chromite Project (Coto Mines), under a mineral production-sharing Agreement (MPSA), which has been operating the Coto Mines for more than five decades.
CMI complained that Gojo and a group of police officers, headed by the police commander in Zambales, Supt. Francisco Santiago Jr., forcibly entered Coto Mines on October 30, 2011, and presented a small-scale mining permit (SSMP) and other permits, all signed by Ebdane and issued in favor of Esico.
CMI claimed that Gojo’s group then dismantled the security checkpoints, established their own outpost on the road going to the chromite stockpiles and threatened CMI personnel, with Gojo uttering, “Kung gusto ninyong mag-demanda, idemanda ninyo si Governor Ebdane.”
CMI also claimed that it later found out that Ebdane issued several SSMPs. It further averred that the following day, Chen and a group of Chinese men entered the premises with police officers, who have since assisted Chen and his companions, in taking, hauling, transporting and shipping the chromite-ore fines, valued at more than P211 million, which were stored in the compound.
The resolution of the Ombudsman team ruled that Ebdane usurped the functions of the PMRB when he issued the SSMPs without authority, and “gave unwarranted benefits to Esico, et al. It stated that under RA 7076 [People’s Small-Scale Mining Act of 1991], the evaluation, negotiation and award of small-scale mining contracts are done by the Provincial or City Mining Regulatory Board.”
It explained that the PMRB’s ratification of the SSMPs in July 2012 is inconsequential, since SSMPs issued by a governor are null and void.
In finding probable cause for theft of minerals, the Ombudsman Environmental Team found it unlawful for Gojo, Esico, Chen, et al., to haul 12 trucks of chromite-ore fines from Coto Mines in November 2011, which fact was established by the Mines and Geosciences Bureau (MGB) Fact-Finding Report, eyewitnesses’ account, photographs and video footage.
The resolution said that the issue of ownership lies between CMI and the State, hence, the claim of ownership of Esico, et al. lacks basis. It noted that it was not within Gojo’s function as PMRB member to implement an SSMP.
The resolution found insufficient evidence, however, to indict Santiago and respondent-policemen who were able to establish that the dismantling of CMI’s checkpoints was prompted by Masinloc Mayor Desiree Edora’s endorsement of a municipal resolution requesting police assistance in maintaining peace and order at a provincial road outside CMI’s MPSA area and authorizing them to dismantle illegal checkpoints that prevented the passage of the public and the delivery of basic services.