Quarry case vs Oca, 18 others dismissed

By NITZ ARANCON
Correspondent

THE Office of the Ombudsman has dismissed the criminal and administrative cases filed by a businessman against Mayor Oscar Moreno and 18 others in connection with the quarrying permit granted to another businessman in Balulang.
Moreno and the other respondents were accused of falsification, violation of the Mining Act, grave abuse of authority, and grave misconduct by businessman  Reynaldo Zarate on Dec. 10,  2015.
In a June 2, 2016 resolution approved by Ombudsman Conchita Carpio Morales, a copy of which was made available only this week, Deputy Ombudsman for Mindanao Rodolfo Elman trashed Zarate’s complaint for lack of evidence.
Moreno was cleared by the ombudsman along with City Local Environment and Natural Resources  officer Edwin Dael, Mines and Geosciences Bureau community affairs officer Bernardino Silvosa, Mines Management Division chief Daniel Sarmiento Belderol, Mining Environment and Safety Division chief Rodante Barbieto Felina, MGB regional director Rex  Monsanto;
City Social Welfare and Development chief Teodoro Sabugaa, Councilor Zaldy Ocon,  former City Mining Regulatory Board member Ralph Vincent Abragan, Balulang barangay chairman Alfredo Carcosa, barangay secretary Virgilio Pendre;
Jun Perew-Perew, Mining Regulatory Board members Guy Nelson Radaza, Jun Mangadlaw, Norman Rosal, former Clenro supervisor Roy Baltazar;
MGB division chief Romeo Tinadul, environment management specialist Al Domingo, and businessman Peter Go.
Zarate charged Moreno and the other respondents with violation of Article 171 and 281 of the Revise Penal Code, Section 3(e) of RA 3019 and RA 7942.
He also administratively charged them  with grave abuse of authority and grave misconduct.
In his complaint, Zarate claimed Moreno ignored his application for a quarry permit on his property near the Cagayan River in Balulang, and allegedly favored Peter Go.
Zarate claimed that the act of the respondents caused him “undue injury” or specifically, P21 million in profits each month and P252 million every year.
He alleged that the respondents falsified a survey plan to justify the issuance of a quarry permit in favor of Go.
But in the 17-page resolution, the ombudsman said Zarate showed no evidence to support his allegations.
“There is no substantial evidence submitted… that respondent falsified survey plan and other documents to make it look like his property belongs to respondent Go,” reads part of the ruling.
It added: “His (Zarate’s) claim that he stands to lose millions of pesos is unsupported by evidence.”
Meanwhile, the ombudsman reprimanded Moreno and Dael for not answering Zarate’s complaint 15 days after the businessman wrote to city hall in order to ask an update  about his application for a quarry permit.
The ombudsman said such failure was against the Code of Conduct and Ethical Standards for public officials and employees.
“Respondent Moreno  and Dael are thus found administratively liable for their failure to act on the letter dated January 28, 2014 of complainant which is punishable by reprimand for the first offense,” the ombudsman stated.