The Chamber of Mines of the Philippines said Environment Secretary Gina Lopez caused “undue injuries” to the mining industry when it ordered the closure of 23 mining firms and suspension of five other firms based on an unsubstantiated mining audit. King Rodriguez/Presidential Photo, File
MANILA, Philippines — As her confirmation as environment secretary remains in limbo, Gina Lopez is facing another battle over her alleged unfair closure of 28 mining firms which supposedly failed her agency's nationwide mining audit held last year.
In a nine-page complaint filed Monday before the Office of the Ombudsman, the Chamber of Mines of the Philippines (CoMP) represented by its Chairman Artemio Disini and spokesperson Ronald Rex Recidoro, charged Lopez with violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Sections 4 (b) and 5 (a) of RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The complainant said Lopez caused “undue injuries” to the mining industry when it ordered the closure of 23 mining firms and suspension of five other firms based on an unsubstantiated mining audit.
The group lamented that as early as September last year, Lopez had already announced the suspension of about 20 mining firms even before the results of the Department of Environment and Natural Resources' (DENR) mining audit was completed.
It was in February of this year when Lopez announced the closure of 23 mining firms and suspension of five firms who supposedly failed the mining audit. Lopez also ordered the cancellation of 75 mineral production sharing agreements or MPSAs between private firms and the government, saying that the mining firms' operations are within or near the watersheds.
“Clearly, Respondent Lopez had acted without due process. She did not even wait for the recommendation of any expert, or the results of any audit before making the decision to close 23 mining corporations because of their proximity to watershed areas,” the complaint read.
“The closure no doubt resulted in the loss of thousands of jobs,” it added.
Discrimination vs mining industry?
The COMP said that up to now, Lopez cannot give a clear explanation on the basis of the audit results.
The group pointed out that Lopez keeps on giving a flimsy explanation to the media that the 23 firms ordered closed down were operating near functional watersheds, yet 12 other firms which were deemed to have passed the DENR's audit are similarly operating near or within watersheds.
“This contradiction made by Respondent Lopez in her capacity as DENR Secretary begs the questions of what really are the grounds for closing down the 23 mining operations functioning near a watershed area? What made these operations different from the 12 others still functioning in or near a watershed area?” the group said.
Disini and Recidoro said Lopez also exhibited “unprofessionalism” and “discrimination” against the mining industry, especially as she admitted in a news conference that she was “not happy” with DENR's Mines and Geosciences Bureau's (MGB) mining audit report.
The group said Lopez “still called the shots in the end” since the Environmental Management Bureau's (EMB) mining audit report was only recommendatory.
“It cannot be clearer to anyone that Respondent Lopez discriminates against the mining corporations and her public statements are proof enough of her complete disregard over the rights of these corporations. Her action, in itself, are contrary to law and good morals,” the complaint read.
Questions on competence
The group also slammed Lopez supposed incompetence as DENR secretary, which supposedly became apparent during her confirmation hearing last week before the Commission on Appointments (CA).
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“She is clearly incompetent and unfit to be the Secretary of the DENR. She could not clearly define the term 'watershed' or mineral production sharing agreement, among many other comments and statements which showed her lack of understanding in a position that requires at least basic technical and scientific knowledge,” the complaint read.
Lopez is also facing a complaint before the ombudsman filed by the United Filipino Consumers and Commuters (UFCC) in January of this year over her alleged inaction on the supposed anomalous purchase of air quality monitoring equipment by the DENR EMB.
Source : http://www.philstar.com/headlines/2017/03/14/1681012/chamber-mines-files-graft-breach-conduct-complaint-vs-gina-lopez