A town mayor together with eight others are criminally charged for theft of manganese estimated to be worth P1-million illegally extracted within a large-scale mining area in barangay Katipunan, Anda.

The criminal action was filed at the Bohol Provincial Prosecutor's Office against Candijay Mayor Sergio Amora Jr., Sofronio Simacio, Cecilio Melecio, Nestor Romero, Rommel Santos, Emilio Santos, Ronald Reyes, Rob Langden Harwood and Teodoro Casimsiman for conspiring to quarry manganese in an area not covered by its environmental compliance certificate (ECC).

The disputed quarry site, claimed by Hench Mining Services Development Corporation and is the subject of a Mineral Production Sharing Agreement (MPSA) application, was encroached by the mining activity of respondent Simacio who has obtained a permit to quarry an area about 1.5 kilometers away.

It may be recalled that the Mines and Geosciences Bureau (MGB) regional office has issued a cease and desist order against Simacio to stop manganese extraction last September 26, 2008.

The MGB order established that Simacio stepped into the mining claim of Hench Miniing owned by Cebu-based businessman Domingo Chua.

Chua reported the illegal mining operations of Simacio to the National Bureau of Investigation (NBI) Bohol field office on August 5, 2008 after receiving information of the latter's activities at the site covered by his company's mining claim.

The NBI, headed by Supervising Agent Ramilo Quinto and Special Investigator Teodoro Saavedra, conducted a raid in the area the following day with representatives of the Department of Environment and Natural Resources (DENR) and Task Force Kabukiran.

Mayor Amora was later identified by the two drivers as the owner of the trucks. The NBI team personally turned over the vehicles to the Anda PNP for custody.

However, the two NBI field officers were surprised to learn two days later that the manganese loaded trucks were released allegedly upon orders of Bohol Provincial Police Director SSupt. Edgardo Ingking.

On the same day, Special Investigator Saavedra also chanced upon another blue truck loaded with sacks of manganese coming from the direction of Katipunan and on its way to Basdacu, Anda.

While the parties involved in the dispute tried to verify the exact location of the mining operations through global positioning satellite (GPS), SSupt. Ingking, being the vice chairman of Task Force Kabukiran, decided in a conference that while the survey is being conducted, the mining operation should not be disturbed since it was covered by a permit.

In their sworn statement, the NBI officers said that it was only after a second conference (a day after) that it was established that the operation was outside the granted area of the permit to Simacio.

According to the NBI men, they believed there was "a concerted effort to intentionally delay the resolution of the issue as to the actual location of the actual site in comparison with the granted site in order to hamper the investigation, afford time to finish the illegal mining operation and transport the mineral ore outside Bohol …"

The complaint of Chua is also supported by affidavits of two kagawads of barangay Katipunan, Anda who attested of the quarry operations and that it was allegedly permitted by Mayor Amper.

When the two barangay kagawads had the chance to meet with Amper in their effort to collect P100 per truckload of manganese ore for the barangay, the mayor showed them a copy of the permit from the Office of the Governor. The mayor however agreed to implement the P100 fee which is covered by a barangay ordinance.

Ester Licayan, an informant of Chua, also executed an affidavit attesting to the loading of sacks of manganese ore to several container vans at the stock yard in Basdacu, Candabong, Anda which was also owned by Mayor Amper.

Licayan listed several container vans loaded with manganese leaving the stock yard from August 10 to 14.

Moreover, the landowner of the mining site, Romeo Gudilos, executed an affidavit as proof that sometime in May 2008, Chua expressed interest to quarry manganese in his property to which he gave consent to the businessman.

Since Gudilos resides in Baclayon town, he had no idea if Chua began extracting manganese in the said land. However, he said he was surprised to learn of a controversy involving mining activities on his property.

Gudilos clarified in his affidavit that he never gave consent to anyone else to extract manganese in the parcel of land aside from Chua.

Chua, represented in the complaint by Atty. Alexander Lim, has been accused of monopolizing mining claims over mineral-rich area in the province.

However, the businessman said that his mineral extraction rights are all legitimate and duly authorized by the DENR-MGB.

No less than DENR Sec. Jose Atienza called for equal opportunities given to small miners to benefit from natural resources.