Philippines: Palawan governor moves to stop mining case to Manila.

Somehow I get the idea that some politicians might be exploring the terrain to possibly do some mining for political donations or else some votes.This is from the Daily Tribune.


Palawan gov’s move to stop transfer of case vs mining firms to Manila slammed
02/04/2008
Local mining firms yesterday cried foul over Palawan Gov. Joel Reyes’ move to block Department of Justice (DoJ) Secretary Raul Gonzalez’s order to immediately transfer the preliminary investigation into a case lodged against Citinickel Mines and Development Corp. and Oriental Peninsula Resources Group to Manila.
In a letter to Gonzalez, Ferdinand Pallera, vice president of Citinickel, said Reyes’ effort to stop the transfer of the case is highly deplorable as it is illegal since the governor is already intervening in the DoJ’s purely prosecutorial affairs, particularly in the disposition of the case against against the mining firms.
Pallera, who is opposing the return of the case to Palawan, is asking why Reyes is showing “unusual interest” in Citinickel’s case, saying the latter even informed Executive Secretary Eduardo Ermita of the matter.
“Why is the governor meddling in this case? Why can’t he allow DoJ’s national prosecution service to do its job without pressure or interference?” he asked.
Reyes and a member of the Palawan Provincial Mining Regulatory Board (PMRB) asked Gonzalez to recall his Jan. 10 order, which they claimed effectively stripped the Palawan provincial prosecutor office of jurisdiction over the case.
Gonzalez had ordered the transfer of the case to a state prosecutor in Manila following complaints by respondents Citinickel and Oriental Peninsula of alleged harassment and intimidation in Palawan.
The DoJ chief justified his order, stressing that the situation in Palawan relative to the mining dispute is “tense” and could lead to possible violence.
Gonzalez issued the directive after giving due course to a letter-complaint of Pallera, who claimed that death threats and the hostile conditions in Palawan would make it difficult, if not impossible, for the Manila-based respondents to safely travel to and from the province to attend the preliminary investigation.
The case stemmed from alleged violations of Section 103 of RA 7942 (Theft of Minerals), filed by PMRB member Mark Concepcion against company officials for alleged illegal quarrying relative to the construction of roads leading to a pier in the
town of Sofronio Espanola.
The two firms denied the charges.
Describing the PMRB complaint as a mere harassment suit, Pallera said Citinickel and Oriental Peninsula could not expect impartial justice in Palawan.
In justifying his desire to have the case moved back to Palawan, Reyes said the grounds upon which the transfer was made was predicated on “imagined threats, conjectures and false assumptions” regarding physical harm or violence against the respondents. Claiming that he can assure the safety and protection of people, visitors and investors in Palawan, the governor asked Gonzalez to transfer the case back to Palawan.
“There are influential people who are trying to influence the outcome of the case to the detriment of our business operations in the province,” Pallera stressed.
Reyes is currently facing graft and corruption charges for allegedly assisting and supporting Platinum Group Metals Corp., a small-scale mining firm, in extracting 282,729.35 metric tons of mineral ore in excess of the 50,000 metric ton limit allowed by the Small Scale Mining Law.
Worth more than P565 million, the nickel ore extracted by PGMC in two years is almost three times its allowed production for the period.
The Department of Environment and Natural Resources revoked PGMC’s small scale mining permits in 2007.
Benjamin B. Pulta with PNA