AGHAM wins OMB case vs corrupt PPA former execs

STA. CRUZ, Zambales –AGHAM Partylist has won its case in the Ombudsman against graft and corrupt practices by former top executives of the Philippine Ports Authority (PPA) in the anomalous renewal of port permits that facilitated the mining operations of a previously suspended firm in Barangay Bolitoc, Sta. Cruz, Zambales.

In a Resolution issued by the Office of the Ombudsman (OMB) on Nov. 28, 2017 and released to the parties only last February 8, former PPA General Manager Juan C. Sta. Ana and former PPA Assistant GM Raul T. Santos were indicted for violation of Section (e) of RA 3019 (Anti-Graft and Corrupt Practices Act).

A copy of the Resolution obtained by The Manila Bulletin showed that the OMB found merit to the complaint filed by AGHAM, through its president Angelo Palmones, that the two former PPA officials “acted with manifest partiality, evident bad faith or inexcusable negligence” in renewing the port permits of DMCI Mining Corporation or DMCIMC.

Ombudsman records showed that the case stemmed from the PPA’s automatic renewal of the five-year port permits of DMCIMC in May, 2013 even with the absence of a valid Foreshore Lease Agreement (FLA) because the Department of Environment and Natural Resources (DENR) had already suspended its mining operations.

Moreover, AGHAM claimed that it was impossible to have a Foreshore Lease Agreement executed in favor of DMCIMC because, in reality, there is no foreshore area abutting its lot. “What abuts DMCIMC’s lot is a land formation where it was cut and leveled by the mining firm to falsely show that there is a foreshore area,” Palmones said.

In its Resolution, the OMB found that Sta. Ana and Santos had given unwarranted benefit, advantage and preference to DMCIMC when they approved the renewal of its port permits despite the absence of mandatory requirements, the most important of which is the foreshore lease agreement as provided by PPA’s own rules and regulations.

OMB Graft Investigation and Prosecution Officer II Marian Mae G. Aldovino wrote that the Ombudsman did not buy the contention of Sta. Ana and Santos that the mere application for a Foreshore Lease Agreement was sufficient for them to issue the renewal of the port permits.

In effect, the port permits allowed DMCIMC to construct and operate of a loading pier in Sta. Cruz, Zambales even with the absence of the mandatory requirements because its mining operations had been previously suspended by the DENR for environmental violations, AGHAM claimed.

The Resolution also stated that “the claim that DMCIMC’s foreshore lease application was converted to a miscellaneous lease application is not supported by records and does not justify the deviation from the PPA rules and regulations on the issuance and renewal of port permits.”

The Resolution, concurred to by Assistant Environmental Ombudsman Raquel Rosario M. Cunanan-Marayag and approved by Ombudsman Conchita Carpio Morales, will now result to an Information that will be filed against Sta. Ana and Santos before the Sandiganbayan. Palmones said witnesses against the former PPA officials are ready to testify before the Sandigan.

“In addition to safeguarding the environment, AGHAM has added anti-corruption as one of its undertakings to help the current administration in fighting corruption in government in tandem with other groups,” said Palmones, adding that this victory by AGHAM is “just the beginning.”