Marinduque gov files raps over P1.5 billion legal fee in mining disaster settlement

MANILA — Marinduque Governor Melecio “Mel” Go on Wednesday filed criminal and administrative complaints before the Office of the Ombudsman over alleged irregularities in a $100-million environmental settlement between Barrick Mining Corporation and the provincial government.

The complaints were filed against former Vice Governor Adeline Angeles, eight members of the Provincial Board, lawyer Archivald De Mata and Salazar Enrile Defensor & De Mata Law Offices (SedaLaw).

The settlement stems from the 1996 mining disaster in Marinduque.

At issue is the law firm’s engagement and its 25-percent contingency fee, equivalent to $25 million or approximately P1.5 billion.

The complaint questions the legality of the firm’s hiring, citing the alleged absence of public bidding.

It also challenges Provincial Board Resolution No. 823, Series of 2023, for allegedly claiming that bidding had taken place despite the absence of supporting procurement records, according to certifications from the Bids and Awards Committee and the Philippine Government Electronic Procurement System (PhilGEPS).

Go also accused the respondents of encroaching on his executive authority by issuing directives on the release of settlement funds.

He said the funds intended for environmental rehabilitation were put at risk after the Court of Appeals issued a writ of garnishment in favor of the law firm.

The governor asked the Ombudsman to investigate possible violations of the Anti-Graft and Corrupt Practices Act, usurpation of official functions and falsification of public documents.

The administrative charges include grave misconduct, grave abuse of authority, gross neglect of duty and conduct prejudicial to the best interest of the service.

Go was accompanied by Volunteers Against Crime and Corruption (VACC) President Arsenio “Boy” Evangelista, who said their findings showed that no public bidding had been conducted for the law firm’s engagement.

“Kapag walang konsultasyon, may corruption. Nakasaad yan sa batas,” Evangelista said.

Go said the entire settlement proceeds must be protected and used primarily for environmental rehabilitation and the welfare of Marinduque residents.

The dispute over the contingency fee and the writ of garnishment has reached the Supreme Court.

ABS-CBN News is still seeking comment from the respondents.