Marinduque board members question Ombudsman complaints

BOAC, Marinduque — Eight members of the Marinduque Provincial Board have questioned the selection of respondents in the criminal and administrative complaints filed by Governor Melecio “Mel” Go before the Office of the Ombudsman over a disputed P1.5-billion legal fee linked to the Marcopper mining settlement.

In a joint statement presented on Friday, 6 November, the legislators said they were prepared to answer the allegations but were awaiting official copies of the complaints and supporting documents before submitting their formal response.

Provincial Board Majority Floor Leader Aurelio J. Leva III, who read the statement on behalf of the eight legislators, maintained that they were not avoiding accountability.

The group stressed that it was not seeking special treatment and that the allegations should be addressed through established legal procedures.

The board members questioned why the complaints targeted incumbent legislators when the provincial resolutions allegedly cited as the basis of the case were approved on 1 September 2023.

According to Leva, two of the respondents were not yet members of the Provincial Board when the resolutions were adopted.

He also questioned why other former board members who participated in approving the measures were not included in the complaints.

The group raised concerns about possible selective prosecution and political harassment, suggesting that the cases could interfere with the exercise of their legislative mandate.

These claims remain allegations made by the respondents and have not been established by the Ombudsman.

The legislators also cited a Court of Appeals ruling recognizing the 25-percent contingency fee stipulated in the 23 March 2022 legal services agreement between the provincial government and Salazar Enrile Defensor & De Mata Law Offices (SedaLAW).

Leva said the appellate court had declared the fee arrangement reasonable, valid and binding.

He further questioned the authority behind an omnibus motion for reconsideration filed on behalf of the provincial government, saying the board found no corresponding authorization in its records.

The legislators cited the appellate court's decision to note the motion without action on the ground that it had been filed beyond the relevant legal authority.

However, the provincial government has separately challenged the disputed contingency fee before the Supreme Court.

The controversy stems from a $100-million environmental settlement involving Barrick Mining Corporation and the provincial government of Marinduque over the environmental consequences of the Marcopper mining disaster.

On 4 November, Go, accompanied by Volunteers Against Crime and Corruption president Arsenio “Boy” Evangelista, filed complaints against former Vice Governor Adeline Angeles, eight incumbent board members and other respondents.

The complaints raised allegations involving the procurement of legal services, possible falsification of public documents and violations of the Anti-Graft and Corrupt Practices Act.

Go has maintained that the disputed legal fee should be scrutinized to safeguard funds intended for environmental rehabilitation and programs benefiting affected communities.

Meanwhile, the eight legislators urged the provincial administration to prioritize implementation of the settlement agreement, Provincial Ordinance No. 250, series of 2025, and the establishment of a Rehabilitation and Remediation Oversight Committee.

They also called for continued efforts to address the environmental damage associated with Marcopper's former mining operations.

The board members maintained that they would continue performing their legislative responsibilities while answering the complaints through the proper legal process.

No finding of criminal or administrative liability against the respondents has been established in the complaints.