An excerpt from DATED July 21, 2014
MEMORANDUM
FOR THE REGIONAL DIRECTOR
Mines and Geosciences Bureau, DENR
Regional Office No. VI, Iloilo City
FROM THE MINE MANAGEMENT DIVISION
SUBJECT INVESTIGATION REPORT ON THE
ALLEGED BEACH SAND EXTRACTION BY MAYOR EDGAR PERALTA OF NEW WASHINGTON, AKLAN
“…..in the report of EEDO--MGDS to
Governor Miraflores, it was their opinion that there was a violation of Section
1 of the Batas Pambansa BIg. 265, "An Act Prohibiting the Extraction
of Gravel and Sand From Beaches and Providing Penalties
Thereof".
Considering the above premises, it is
the opinion of the undersigned that even if there was no commercial
disposition, there is still a violation of Section 1 of the Batas Pambansa Big.
265, which states to quote:
"Section 1 - Any provision of
law, presidential decree, rule or regulation to the contra try notwithstanding,
the extraction of gravel and sand such other activities as would
erode or diminish the natural beauty of beaches are prohibited. x-x-x-x"
Further, since Engr. Salvador has
already filed an Administrative and Criminal Case against Mayor Peralta with
the Sanggguniang Panlalawigan, Province of Aklan and Office of the Ombudsman
for Visayas, Cebu City respectively. It is the opinion of the undersigned that
the subject matter be referred to the Legal Division, DENR 6, Iloilo City for
appropriate legal advice of the resolution of the complaint.
For the information and perusal of the
Regional Director.”
(Sgd) ERROL C FUENTES
Engineer III (EM)
(Sgd) LUCIOS P SUCGANG
Engineer IV (GE)
Noted:
(Sgd) FLORIAN D. JIMENEZ
OIC Mine Management Division
UPDATE: 28 AUG 2014 - letter from the Office of the Ombudsman (Visayas) said that the complaint is presently the subject of ongoing fact-finding investigation with docket file FF-V-13-0685. FYI.
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