(The Philippine Star) | Updated May 4, 2017 - 12:00am
MANILA, Philippines - A
mining company yesterday filed before the Office of the Ombudsman a graft
complaint against Environment Secretary Gina Lopez for allegedly using her
position to impose additional requirements on the firm that she had suspended
for violating mining laws.
Citinickel Mines
Development Corp. (CDMC) accused Lopez of violations of the Anti-Graft and
Corrupt Practices Act, Illegal Exaction, Code of Conduct and Ethical Standards
for Public Officials and Employees and Red Tape Act of 2007.
The 41-page complaint
and its corresponding attachments were submitted around 10 a.m. by lawyer Lorna
Kapunan, CDMC’s legal counsel.
The mining firm said
Lopez usurped the legislative powers of Congress when she required CDMC to pay
P2 million per hectare of disturbed land to a trust fund which would have
covered around 130 hectares of the company’s mining sites in the towns of Narra
and Sofronio Española in Palawan.
The company also
questioned her directive to place P130 million in a non-government
organization, which it said was controlled by her.
Kapunan said the trust
fund that Lopez created is unnecessary, as it is already being covered by two
trust funds set under the Philippine Mining Act, which the company has complied
with by depositing money in two trust funds running to P47 million and P11
million.
Lopez suspended CDMC’s
operations in July 2016. When the company obtained a Mineral Ore Export Permit
(MOEP) from the Mines and Geosciences Bureau (MGB) in November of the same year
to enable them to remove and transport their mined ores from the sea, Kapunan
said Lopez imposed the additional requirements detailed in a memorandum in
January 2017.
Lopez also demanded
that the company deposit P1 million per vessel used to ship the mineral ores.
While they laud Lopez’s
stance on protecting the environment, Kapunan said this should be within the
bounds of the law.
“There is a thin line
between passion and tyranny,” Kapunan said in a press briefing. “She imposes
restrictions without regard to the law and the property rights of the public
which she serves.”
The company took strong
notice of the fact that none of the new requirements had any supporting legal
basis, adding that Lopez’s action of imposing the requirements on the MOEP is
without authority because the power lies with the MGB, as stated under Section
53 of the Mining Act.
Yesterday, the powerful
Commission on Appointments (CA) decided to reject Lopez’s ad interim
appointment after three confirmation hearings.
Asked why the filing of
the complaint coincided with the CA’s decision, Kapunan said they were
encouraged by the latest pronouncements from the environment chief that she
would not be deterred by criticisms against her.
“You can jail and make
accountable any mining company that is unscrupulous and does not comply, but to
impose obstacles against Citinickel which is in full compliance based on your
audit, I think is abusive and requires to be penalized,” Kapunan said.
Welcome development
For the Chamber of Mines
of the Philippines (COMP), the CA’s decision to not confirm Lopez is a welcome
development for the industry, which has been under the scrutiny of the
Department of Environment and Natural Resources (DENR) with Lopez as chief.
“Of course, we are very
thankful. We have been agonizing for the past 10 months. I just think that we
made our point and we were able to discuss the issues we brought forward. We
were able to articulate the points that we want,” COMP executive vice president
Nelia Halcon told The
STAR.
Among the Cabinet
members, Lopez faced the strongest opposition after mining companies and mining
host communities filed their position papers against her confirmation.
Halcon emphasized the
industry’s belief in the objectivity of the CA in coming up with the decision,
as Lopez failed to explain the legalities of her recent decisions and
policymaking, rendering her unfit for the position.
“We are thankful to the
Commission for the speedy resolution of her nomination. This is not the end,
but rather the beginning of a new chapter for the mining industry,” COMP legal
and policy vice president Ronald Recidoro added in a separate phone interview
with The STAR.
“We should not make it
a point that it is environment versus mining. That’s why we have sustainable
development. You develop at the same time you work on the rehabilitation,”
Halcon noted.
Now that Lopez has been
rejected, the industry is moving toward the review of the major orders and
pronouncements which the former DENR chief signed in the past few months.
These include the
closure and suspension of some 28 mining companies, cancellation of 75 more
mining contracts and the banning of open-pit mining nationwide.
“We will have to
challenge those and have it reviewed or even revoked by the next DENR secretary,”
Recidoro said.
“Anybody who will
replace her will review all these things. That person should get the views of
Luis Jacinto (Mines and Geosciences Bureau director) and we believe that all
these things should be considered,” Halcon added.
‘Environment disaster’
While the mining
industry seems to be in a celebratory mood, environment groups and advocates
called Lopez’s rejection a “disaster for the environment sector.”
“This is a tragedy for
the environment, as well as for the rights and welfare of our people. Lopez’s
rejection is a betrayal of the people and specifically of mining-affected
communities who are protecting their lives and livelihoods by resisting
destructive large-scale mining,” Alyansa Tigil Mina national coordinator Jaybee
Garganera said.
He emphasized that it
was clear that the mining industry exerted efforts to block the confirmation of
Lopez. – With Louise
Maureen Simeon Mary Grace Padin
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