Sandiganbayan sentences ex-Palawan gov Joel Reyes to 8 years imprisonment

The Sandiganbayan has sentenced former Palawan governor Joel Reyes to a maximum of eight years imprisonment after finding him guilty of graft for the anomalous renewal of small-scale mining permits (SSMP).

In a 33-page decision promulgated on August 29, the anti-graft court's Third Division found Reyes "guilty beyond reasonable doubt" of violation of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

The former governor, tagged as one of the masterminds in the killing of broadcaster and environmentalist Gerry Ortega, was also perpetually barred by the Sandiganbayan from holding public office.

Meanwhile, the anti-graft court acquitted Reyes' co-accused, former mining operations officer Adronico Jara Baguyo, due to the prosecution's failure to establish his guilt.

Based on the information of the case, Reyes and Baguyo were charged for granting the mining permit for the Olympic Mines and Development Corporation (OMDC) in April 2006 despite the fact that the company already reached the annual maximum extraction limit of 50,000 dry metric tons of ore from a previous SSMP.

They also issued a permit in favor of OMDC despite the company's over-extraction of ore and the use of heavy equipment in its mining operations, which is prohibited under Republic Act No. 7076, or the Small-scale Mining Act of 1991, and Presidential Decree No. 1899.

"Under said permit, OMDC was able to extract nickel ore exceeding the allowable 50,000 DMT per annum or 100,000 DMT for the two-year life of the SSMP under PD 1899," the Sandiganbayan said.

Reyes had argued that no criminal intent or negligence can be attributed to him since the approved SSMP were based on the recommendation of the Provincial Environment and Natural Resources Office.

The Sandiganbayan, however, ruled that Reyes' act was done in the discharge of his official function as the local chief executive of Palawan.

Therefore, the court said Reyes acted through "manifest partiality, evident bad faith, or gross inexcusable negligence" when he signed the SMMP.

"As Governor of Palawan, his authority to approval small mining permits calls for the dual role of allowing the exploration and exploitation of, and conserving and preserving the natural resources within the provinces' territorial jurisdiction," the Sandiganbayan said.

"He chose to intentionally and willfully ignore his responsibilities and conveniently relied only on the recommendation of the [Provincial Mining Regulatory Board]," the decision added.

Reyes is also facing separate charges at the Sandiganbayan in connection with the Malampaya and fertilizer fund scams. He has sought for the dismissal of both cases.  —ALG/KVD, GMA News