Professional Documents
Culture Documents
SANDIGANBAYAN
QUEZON CITY
i)
ii)
by overextracting ore; and,
by using heavy equipment in its mining operations.
i I
/7
I
* In view of the appointment of Justice Samuel Martires to the Supreme Court, 'JUS ice ernelito R. ~
Fernandez, as the regular member of the Third Division, took part in the decision of the instant case.
I Anti-Graft and Corrupt Practices Act
Decision
People vs. Reyes, et al.
Criminal Case No. SB-11-CRM-0088
x---------------------------------------x
Exhibit Document
Small Scale Mining Permit (SSMP) PLW No. 37 issued on
Q Nov. 4, 2004 in favor of Olympic Mines and Development
Corp.
13
continued until 2006 ?2
d. Mining operations in th r barangay
e. She is not certain if it was in the last quarter of 2006 when the
mining operations stopped. At the time of her testimony,
mining operations were ongoing in their barangay.18
f. When she visited the mining site, she saw dump trucks used to
carry nickel ores, bulldozers, pay loaders and back hoes.19
b. The MGB Director, Region IV, who received from the Director of
the Environmental Management Bureau (EMB), Regional Office
IV, MIMAROPA,a copy of the complaint dated July 31, 2006
filed by Francisco Galman of Citinickel Mines and Development
Corporation, instructed them to conduct an investigation. The
Complaint was addressed to the Director, EMB, Region IV-B
(MIMAROPA).24
"
19
TSNdat,d Octob" 16, 2012, p.
TSN dated October 16,2012,. 1 .
- 4. (7~
20 Exhibit U
21 Order dated February 18,2013;Record, Vol. II, p. 23and TSN dated February 18,2013,p. 3,5 & 16.
22 TSN dated February 18,2013,p. 7.
23 TSN dated February 18,2013,p. 8.
24 TSN dated February 18,2013,p. 14and TSN dated February 19,2013, p. 3.
25 TSN dated February 18,2013,p. 14andTSN dated February 19,2013,p. 3.
26 TSN dated February 18,2013,p. 15and SSMP PLW No. 37,Exhibit Q.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-ll-CRM-0088
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1. The word "Nickel" in the ECC refers to nickel ore smce one
cannot extract 50,000 tons of pure Nickel meta1.34
-27-T-S-N-d-a-te-d-F-e-b-ru-a-ry-1-8-,-2-0-'3,
28
pp. 14-15 and TSN dated Febmary 19,2013, p. 4.
TSN dated February 18, 2013, p. 15 and TSN dated February 19, 2013, p. 4.
/1
!"'~
I
29 Exhibit 11 for accused Reyes and TSN dated February 19, 2013, pp. 3-5. '" '\
30 TSN dated February 18, 2013, pp. 13-14.
31 The Report was marked as Exhibit W but was dispensed with and not formally offered in evidence;
Formal Offer of Exhibits dated April 26,2013, p. 5, Record, Vol. II, p. 48.
32 TSN dated February 19,2013, p. 4-5.
33 TSN dated February 19, 2013, pp. 6-7.
34 TSN dated February 19, 2013, p. 9.
35 TSN dated March 13,2013, p. 2.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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Exhibit Document
Certified true copy of Ore Transport Permit (OTP)No. 31.08
B
issued on April 3, 2006 with expiry date May 3,2006.
Certified true copy of OTP No. 31.09 issued on June 2, 2006
C
with expiry date June 25, 2006.
Certified true copy of OTP No. 31.10 issued on June 28,
D
2006 with expiry date July 18,2006.
Certified true copy of OTP No. 31.11 issued on June 28,
E
2006 with expiry date July 18, 2006.
Certified true copy of OTP No. 31.12 issued on June 28,
F
2006 with expiry date July 18, 2006.
Certified true copy of OTP No. 31.13 issued on June 28,
G
2006 with expiry date July 18, 2006.
Certified true copy of OTP No. 31.14 issued on June 28,
H
2006 with expiry date July 18,2006.
Certified true copy of OTP No. 31.15 issued on July 4,2006
I
with expiry date July 31,2006.
Small Scale Mining Permit (SSMP) PLW No. 37 issued on
November 4, 2004 In favor of Olympic Mines and
Q
Development Corporation (OMDC)effective up to November
3,2006.
SSMP PLW No. 37.1 issued on April 6, 2006 in favor of
Q-1
OMDC effective up to April 5, 2008.
SSMP PLW No. 38 issued on November 4, 2004 in favor of
Q-2
OMDC effective up to November 3,2006.
Certified copy of Order dated September 25, 2006 signed by
S
Sec. Angelo Reyes of the DENR.
Certified copy of Memorandum Circular No. 2007-07 with
T subject: Clarificatory Guidelines in the Implementation of
the Small-Scale Mining Laws.
Certified copy of Letter dated July 30, 2007 signed by DOJ
U
Secretary Raul Gonzales addressed to Sec. Angelo Reyes.
Certified true copy of OTP No. 31.01 issued on May 30, 2005
X
with expiry date June 14,2005.
Certified true copy of OTP No. 31.02 issued on May 30, 2005
X-I
with expiry date June 14, 2005.
Certified true copy of OTP No. 31.03 issued on June 14,
X-2
2005 with expiry date June 30, 2005,., ./
36
)J
Order dated March 13""2013' Record Vol. II p . 35 and TSN date/
r /'/
bi
3.rch 13, 2013 , pp .2-4.
37 Resolution dated July 8,2013; Record, Vol. II, p. 123. In its Order dated August 16, 2013, this Court
granted accused Reyes' Motion for Correction of the Order dated July 29(sic), 2013, with respect to
the erroneous admission of Exhibit A. Said Exhibit had been dispensed with by the prosecution;
Record, Vol. II, p. 157.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-ll-CRM-0088
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38
39
Record, Vol. II, pp. 138-147.
Record, Vol. II, pp. 159-166.
~ 0"/7
40 Record, Vol. II, p. 188.
41 TSN dated October 22,2013and TSN dated October 23,2013.
42 TSN dated February 11,2014. ~
43 TSN dated October 22,2013,p. 9.
44 TSN dated October 22,2013,pp. 9 & 21.
45 TSN dated October 22,2013,p. 21.
46 TSN dated October 23,2013,p. 17.
47 TSN dated October 22,2013,pp. 21-22.
48 TSN dated October 22,2013,p.10.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-ll-CRM-0088
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49
excavated by another company under the same
o. Prior to 2007, the issuance of OTPs rested with the PENRO and
the Governor. The PMRB only approves the SSMP and informs
the provincial government that a particular company has
applied for an OTP. It was for the technical people to determine
whether the volume of ore to be sent out is adequate. However,
pursuant to the issuances of the DENR, the PMRB now
recommends, through a resolution, to the Governor the
issuance of an OTP.61
Exhibit
Re es Ba
1 1 Certified true copy of the excerpts of the
Minutes of the Regular Meeting of the
Palawan Provincial Mining Regulatory Board
on March 24, 2006, which contain Resolution
No. 024-2006.
Notarized Affidavit of Desistance of
complainant Femando U. Santos dated July
14,2009.
Minutes of the Proceedings/Resolution dated
October 11, 2010 of the Sandiganbayan, Fifth
Division, in Case No. SB-08-CRM-26.
90
91
TSN dated November 11, 2015, pp. 8-9.
TSN dated November 11, 2015, p. 9.
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~
I
92 Resolution dated February 5,2016; Record, Vol. III, p. 74.
93 Memorandum dated April 27, 2016; Record, Vol. III, pp. 100-134.
94 Memorandum for the Prosecution dated June 10,2016; Record, Vol. III, pp. 159-180.
95 Dated April 30, 2013; Record, Vol. III, pp. 136-141. _~
96 Resolution dated June 27,2016; Record, Vol. III, p. 186. '" ~
97 Enumerated in DENROrder dated September 25,2006, p.1, as follows: a) PLC-V-544;b) PLC-V-54S;c) PLC-
V-S50; d) MLC-MRD-127;e) MLC-MRD-128;1) MLC-MRD-129;and g) MLC-MRD-130;Exhibit S.
98 Operating Agreement dated July 18, 2003, Exhibits 2 to 2-8 and Olympic Mines Development Corp.
vs. Platinum Group Metals Corporation, 587 SCRA 624, 634.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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Volume
Environmental
SSMP of Duration of
Compliance Applicant Area Date Issued
PLW No. Mineral Permit
Certificate No.
IDMTI
4B-218-PA-2140-2004 37 OMDC
San Isidro, 19.800Ha 50,000 Nov.4,2004 Nov.4, 2004to
Narra Nov.3 2006
4B-220-PA-2140-2004 OMDC Pu1ot, Nov.4, 2004to
38 Espanola 19.800Ha 50,000 Nov.4,2004 Nov.3,2006
4B-219-PA-2140-2004 39 Platinum San Isidro, 50,000
Group Narra
4B-221-PA-2140-2004 40 Platinum Pulot, 50,000
Group Espanola
Permit No.
Ore Small Scale Permittee Period Volume of Ore
Transport Mining Transported
31.01 37 OMDC May30-Jun. 14,2005 5,900.00
39 Platinum Group
31.02 37 OMDC Jun. I-Jun. 15, 2005 41,500.00
39 Platinum Group
31.03 37 OMDC
39 Platinum Group Jun. 2005 34,500.00
31.04 37
39
OMDC
Platinum Group Jul. 25-Aug.4, 2005 8,400.00 /'\,,1 /
99 DENR Order dated September 25, 2006, p. 2, Exhibit S and Officeof the President Order d~ed
A
February 6, 2007, p. 3, Exhibits 14 to14-P-Reyes;SSMPPLWNo.37, Exhibit Q; and SSMPPLWNo.
38, Exhibit Q-2.
100 Exhibit Q
101 DENROrder dated September 25, 2006, p. 2, Exhibit S and Officeof the President Order dated
February 6,2007, p. 3, Exhibit II-B.
102 DENROrder dated September 25, 2006, p. 2; Exhibit S and Officeof the President Order dated
February 6,2007, pp. 3-4, Exhibits 11-Btoll-C.
103 DENROrder dated September 25, 2006, p. 2, Exhibit S; Officeof the President Order dated February
6,2007, p. 3, Exhibit 14-B;and ECCNo.4B-218-PA-2140-2004,p. 1, Exhibit 11.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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Permit No.
Ore Small Permittee Period Volume
Transport Scale
Mining
31.09 37.1 OMDC June 2-June 25, 2006 40,200.00
39.1 PlatinumGroup
31.10 37.1 OMDC June 28-July18,2006 665.00
39.1 PlatinumGroup
31.11 37.1 OMDC June 28-July18,2006 350.00
39.1 PlatinumGroup
31.12 37.1 OMDC June 28-July18,2006 700.00
39.1 PlatinumGroup
31.13 37.1 OMDC June 28-July18,2006 665.00
39.1 PlatinumGroup
31.14 37.1 OMDC June 28-July18,2006 350.00
39.1 PlatinumGroup
31.15 37.1 OMDC July 4-July31, 2006 36,400.00
39-1 PlatinumGroup
Total: 79,330.00 109/
a. Despite the fact that SSMP PLW No. 37, remains valid until
November 3, 2006, thereby allowing OMDCto mine and extract
ore in excess of the allowable limit; and,
110 Exhibit S
111 DENR Order dated September 25,2006, p. 4,Exhibit S.
112 Office of the President Order dated February 6,2007, pp. 11-13,
Exhibits 14-Jto 14-L.
113 TSN dated October 16,2012, pp. 13-14.
114 Information dated May 28,2004; Record, Vol. I, pp. 1-3.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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a:tt' (J ~
3. The act was done through manifest p.~~Jty,
faith, or gross inexcusable negligence;
evident bad
115 Memorandum
foraccusedReyesdatedApril27,2016,pp.13-16,Record,
Vol.Ill, pp.112-115.
116 Memorandum
foraccused
ReyesdatedApri127,2016,pp.19,23-24;
Record,
Vol.III, pp.118,122-123.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-ll-CRM-0088
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The act was done in the discharge of the public officer's official,
administrative or judicial functions
118
Zapanta vs. People, 757SeRA 172,189[20151.
Pre-Trial Order dated June 21,2012,
p. 1,Record, Vol. I, p. 377.
r..l J I/
119 Revised Implementing Rules and Regulations of Republic Act No. 7942, otherwise known as the
Philippine Mining Act of 1 995
Decision
People vs. Reyes, et al.
Criminal Case No. SB-ll-CRM-0088
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The act was done through manifest partiality, evident bad faith, or
gross inexcusable negligence
120 Memorandum for accused Reyes dated April 27, 2016, pp. 16-17, Record, Vol. III, pp. 115-116.
121 580 SCRA279 [2009].
122 At p. 290.
123 Sison vs. People, 614 SCRA670,679 [2010J.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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Manifest Partiality
124 Rules and Regulations Governing the Granting of Small Scale Mining Permits Under Presidenti
No. 1899. Emphasis and underscoring supplied.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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125 Underscoring and emphasis supplied.
126 III. Term of a Small-Scale Mining Permit or Contract
The two (2)-year term of an SSMP is renewable only once; Provided, That the pertinent
application shall be filed prior to the expiration thereof, among other requirements. No
SSMP shall be renewed unless the two (21-yearterm is fully consumed. xxx
127 Ysidoro vs. Leonardo-De Castro, 665 SCRA 1,19 [2012].
128 689 SCRA270 [2013].
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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kb
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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A.O. No. 30, June 30, 1992, or the Guidelines for the Transfer
and Implementation of DENR Functions Devolved to the Local
Government Units, mandates LGUs to share with the national
government, particularly the DENR, the responsibility in the
sustainable management and development of the environment and
natural resources within their territorial jurisdiction, viz:
~
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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Second, the OTPs No. 31.01 to 31.08 show that the Platinum
Group was able to transport a total of 203,399.135 DMT of nickel
ore for the period May 30, 2005 to April 3, 2006, for itself and on
behalf of OMDC, under ODMC's SSMP PLW No. 37 and its own
SSMP PLW No. 39.134 This is 103,399.135 DMT in excess of the
total volume allowed for the two entities under their SSMP PLW
Nos. 37 and 39, or 3,399.135 DMT under their respective ECCs,
and under the law.
Third, OTP No. 31.09 to 31.15 show that Platinum Group was
able to transport a total of 79,330 DMT nickel ore for the period
June 2, 2006 to July 31, 2006,135 for itself and on behalf of OMDC,
under SSMP PLW No. 37.1 and SSMP PLW No. 39.1. Since OMDC
and the Platinum Group had already exhausted the maximum
allowable volume of nickel ore under SSMP PLW Nos. 37 and 39,
all of the extractions under its new permit, i.e., SSMP PLW No. 37.
132 Paragraph
1ofSSMP PLW No.37andParagraph
8ofECC
No.4B-218-PA-2140-2004.
133 TSNdatedOctober 23,2013,p. 32.
134 Exhibits
X, X-I toX-6, andB.
135 Exhibits
C,D, E,F, G, H andI.
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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Hence, the Local Chief Executive must ensure that the terms
and conditions of the permit were complied with. Inde~(J.
136 Supra /0 ~,
137 At p. 680.
ft
Decision
People vs. Reyes, et al.
Criminal Case No. SB-ll-CRM-0088
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Paragraph 10 of SSMP PLW No. 37138 informs the grantee that its
mining operations shall be subject to close monitoring by the Office
of the Governor to ensure compliance with the provisions of P.D.
No. 1899 and its IRR. Accused Reyes cannot rely on the PMRB's
recommendation to negate his liability. Noticeably, the PMRB
Resolution, presented to this Court sans any supporting
documents, was silent on OMDC's compliance with the terms and
conditions of SSMP PLW No. 37. The first whereas clause of the
resolution reads:
testified that she saw dump trucks, bulldozers, pay loaders and a
back hoe at the mining site in their barangay.142
142
143
144
TSN dated October 16,2012, p. 13.
People vs. Marlon Manson, G.R. No. 215341,
Rivera vs. People, 743SeRA 476,498
November
[20141.
28,2016. y;
Decision
People vs. Reyes, et al.
Criminal Case No. SB-11-CRM-0088
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renewed OMDC's SSMP PLW No. 37 and issued SSMP PLW No.
37.1.
That the acts were done with manifest partiality, evident bad faith
or gross inexcusable negligence.
145
'"
287 seRA 382,399 [19981.
p,,-Trial Oedee dated June 21,2012, pp. 1-2; Recoed, VoL 1, pp. 377-378. ~ r
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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147 Exhibit 15-F to 15-G for accused Reyes and Exhibit 12-F
to 12-G
for accused Baguyo.
148 Bautista VS. Court of Appeals, 360 SCRA 618,623 [2001].
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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Without proof of any overt act on his part, the Court cannot
conclude that accused Baguyo acted with manifest partiality,
evident bad faith, and/ or gross negligence in the performance of his
functions as the Head of the Technical Secretariat of the PMRB.
JANE T. FE ANDEZ
Associate Justice
Decision
People vs. Reyes, et al.
Criminal Case No. SB-II-CRM-0088
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