Mining firm files criminal, admin charges vs. Palawan town mayor

Libatique said criminal and administrative charges were filed against the mayor for violating the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employees, and the Philippine Mining Act of 1995. (Photo: Ipilan NIckel Corporatio/Facebook)

PUERTO PRINCESA CITY, Palawan — The Ipilan Nickel Corp. (INC) on Thursday filed several cases against Brooke’s Point Mayor Mary Jean Feliciano at the Office of the Ombudsman for allegedly refusing to accept the firm’s occupational fee payment in relation to its mineral production-sharing agreement (MPSA).

In a press statement received by the Philippine News Agency (PNA), Ipilan resident mine manager, Engr. Ferdinand Libatique, said Feliciano refused to accept PHP212,700 for the Dec. 7, 2017 to Dec. 8, 2018 period.

Libatique said criminal and administrative charges were filed against the mayor for violating the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employees, and the Philippine Mining Act of 1995.

He said Feliciano refused even after Ipilan presented a letter to the municipal government from the Mines and Geosciences Bureau (MGB) and the Department of Environment and Natural Resources’ (DENR) office in the Mimaropa region, instructing town treasurer Emma Tabangay to allow them to pay.

“Mayor Feliciano went as far as issuing a memorandum order directing the treasurer’s office to refrain from accepting payments to be made by the INC, citing the cancellation of the company’s Environmental Compliance Certificate (ECC) by the DENR, the cease and desist orders from the DENR and the LGU (local government unit), and lastly for operating without a Mayor’s Permit,” Libatique said.

He said the effectivity of the cancellation of the ECC has been stopped when INC filed a motion for reconsideration at the DENR and subsequent notice of appeal and memorandum of appeal at the Office of President Rodrigo Duterte.

“The same goes for the other grounds cited by Mayor Feliciano in her memorandum order as they are subject of pending administrative proceedings. More importantly, at no time has the MPSA been revoked or suspended by the government or any of its agencies,” Libatique said in the statement.

INC accused Feliciano of issuing the memorandum order with “evident bad faith and partiality, and with the active and indispensable participation of Tabangay to harass the company and its personnel into submission and prevent them from exercising their rights and obligations under the MPSA.”

It further accused her of obstructing the MGB in the enforcement of its power under the Philippine Mining Act of 1995 to enforce collection of fees, defeat the government mining project, and flout the law to further their own anti-mining interests.
“Considering the gravity of the offenses committed by respondents and their continuing defiance of the laws and rules, we are hoping they will be perpetually barred from holding any other government position in any capacity,” said Libatique.

Replying to the issue, Feliciano said she has not received a copy of the charges filed against her but she will answer them at the Ombudsman.

“Of course, I will respond to the charges. Their MPSa will expire in September 2018 and they will again request for endorsement,” she said.