Ombudsman indicts Zambales Governor Ebdane for graft

The Office of the Ombudsman has found probable cause to charge Zambales Gov. Hermogenes Ebdane, Jr. with graft and usurpation of duty in connection with the alleged anomalous issuance of permits to a small-scale mining firm.

The permits allegedly paved the way for the illegal hauling and shipping of chromite from the province valued more than P211 million.

In a 32-page resolution, the Ombudsman Special Panel for the Environment said Ebdane usurped the functions of the Provincial Mining Regulatory Board (PMRB) by issuing several Small-Scale Mining Permits (SSMPs) to Geoking Asia Mining Corporation (Geoking) to haul chromite from the site of the Coto Chromite Project in Sitio Coto in Masinloc, Zambales, despite the existing agreement between the provincial government and large-scale mining company Consolidated Mines, Inc. (CMI).

In its complaint, which became the basis of the Ombudsman for the conduct of the investigation, the CMI said that under its existing Mineral Production Sharing Agreement (MPSA) with the provincial government, the CMI is the lawful mineral rights holder of the area covered by the Coto Mines project.

The CMI has been operating the Coto Mines project for more than five decades.

In its complaint, the CMI recounted that on October 30, 2011, PMRB member Romelino Gojo, together with a group of police officers headed by Provincial Director Francisco Santiago, Jr., "forcibly entered the Coto Mines site and presented the SSMP and other permits all signed by Ebdane in favor of Geoking owner Camilo Esico."

The CMI said the group dismantled the security checkpoints and established their own outpost along the road going to the project site.

It said Gojo even threatened the CMI personnel and uttered, “Kung gusto ninyong magdemanda, idemanda ninyo si Governor Ebdane.”

The CMI further averred that the following day, Geoking official Weng Chen and a group of Chinese nationals entered the premises with police officers to haul, transport and ship 12 trucks of chromite from the project site valued at more than P211 million.

In its resolution signed by Ombudsman Conchita Carpio Morales, the Office of the Ombudsman ruled that "Ebdane usurped the functions of the PMRB when he issued the SSMPs without authority, and thereby gave unwarranted benefits to Esico, et al."

The Ombudsman pointed out that under Republic Act 7076 or the 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."

The resolution said that Ebdane's action constitutes violation of Section 3 (e) of Republic Act 3019, which prohibits government officials from using their positions to give unwarranted benefits, advantage or preference to private party as well as Usurpation of Official Functions under Article 177 of the Revised Penal Code.

Aside from Ebdane, also indicted for Theft of Minerals under Section 103 of R.A. 7942 or the Philippine Mining Act of 1995 were Gojo, Eciso, Cheng and three other individuals from Geoking.

Meanwhile, the Ombudsmab dismissed the inclusion of Santiago and the other respondent policemen from the Mineral Theft charges due to "insufficiency of evidence."

Aside from being the governor of Zambales, Ebdane also served as chief of the Philippine National Police. He was appointed to several posts under the Arroyo administration, including secretary of Department of Public Works and Highways, secretary of the Department of National Defense, and national security adviser. —KBK, GMA News