Feliciano snubs NBI probe on Ipilan demolition
The National Bureau of Investigation (NBI) has summoned Brooke’s Point Mayor Mary Jean Feliciano and several other government and military officials involved in the demolition of mining structures put up by Ipilan Nickel Corporation in February this year. The NBI said they were acting on the complaint filed by the company last month. Mary Jean Feliciano told Palawan News she has received a summon to appear at the NBI Thursday for questioning but added she will ignore the invitation, claiming that the agent handling the probe was working at the behest of the mining company. “Minahan ang nasa likod ni agent Allan Futalan. No, I am not attending. Binastos nya na ako last time. Ano ang kailangan nyang imbestigahan? Magdemanda na siya kung may basis siya. Lagi siya dito sa Brooke’s Point kasama ang mga tao ng minahan even before the demolition. Yes, you may quote me,” Feliciano told Palawan News. Feliciano was referring to NBI agent Allan Futalan, the special investigator that was assigned to handle the inquiry. Palawan News sought Futalan’s side on Wednesday but he was indisposed at the NBI office. Palawan agentin-charge Norman Decampong also confirmed they have been conducting the investigation following a letter request sent to them by the INC before the Holy Week. “Undergoing ang investigation dahil sa request ng Ipilan. Kami naman ay ginagawa lang namin ang aming trabaho. Titingnan namin kung ano ang na-violate, ano’ng nangyari, sino ang mga nandoon na makakapagkuwento ng nangyari, ano ba’ng naging sitwasyon – lahat ito titingnan,” he said. Decampong said the demolition incident may take a few months to investigate, especially since it involves a local government official. “If we don’t find anything, then we will dismiss the case. Kung may makita naman, we will refer the case to the appropriate agency. Since may local government official, usually sa Ombudsman,” he said. Feliciano led over 300 anti-mining supporters on February 21 in tearing down structures of the INC in its mine site at Sitio New Panay, Barangay Maasin, citing her police powers and claiming that the company has no valid permits. She maintained that the demolition was legal and her order was based on one of her powers as mayor of Brooke’s Point. “The demolition is legal, that is one of the powers of the mayor and he/she can do any act to protect the forest and other resources of the municipality under the local government code,” Feliciano said. She cited the case of Crisostomo Aquino versus the Municipality of Malay, Aklan, where the Supreme Court decided in favor of the right of the mayor to demolish and exercise his police power. She also said those who joined her have nothing to be afraid of because they acted with her according to the law. “Yong mga sumama sa demolition, wag silang matakot. Hindi nga natakot mamutol ng libo-libong puno ang minahan na iligal at labag sa batas ang ginawa nila. Samantalang ang demolition na pinag-utos ko ay ayon sa batas,” she said. Meanwhile, INC resident mine manager, Engr. Ferdinand Libatique confirmed to Palawan News that their company requested the NBI to conduct the probe since some of their personnel and staff lost personal belongings during the demolition. “INC requested the NBI to investigate the looting that happened during the illegal demolition of government properties led by Mayor (Mary) Jean Feliciano last February 21. The request was filed on behalf of our staff and security personnel who lost some of their personal properties during the demolition. INC has left it to the NBI on how to conduct the said investigation and is not privy to their process,” he said. Libatique did not elaborate what personal items of their employees were lost in the looting.
(ECC) by the DENR, the Cease & Desist Orders from the DENR and the LGU, and lastly for operating without a Mayor’s Permit,” Libatique’s statement claimed further. The effectivity of the cancellation of the ECC has been stopped when the INC filed a motion for reconsideration at the DENR and subsequent Notice of Appeal/ Memorandum of Appeal at the Office of the President, according to him. “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,” he stated. Mayor Feliciano allegedly issued the memorandum order “with evident bad faith and manifest partiality and with active and indispensable participation of Tabangay to harass the INC and its personnel into submission.” It was allegedly her way to prevent them from exercising their rights and obligations under the MPSA, obstruct 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 antimining 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. In response, Feliciano said she would answer the cases in the Ombudsman when she gets a copy of the charges filed against her. “Syempre sagutin lahat ng demanda. Magexpire na ang MPSA nila sa September 2018 kaya hihingi na naman sila ng endorsement,” she said.