THE "THIEF" OF THE ICEBERG
A PRIVILEGE SPEECH WAS DELIVERED BY HON. ROBERT ACE S. BARBERS ON 14 NOVEMBER 2016 ABOUT THE ILLEGAL MINING ACTIVITIES OF CONG. PROSPERO PICHAY, VIOLATIONS OF THE CONSTITUTION AND THE ANTI-GRAFT LAW, AND OTHER UNLAWFUL ACTIVITIES.
To Summarize the speech:-
Is Pichay a LEGITIMATE shareholder of Claver Mineral Development Corporation (CMDC)?
Sometime between 2002-2003, Fe Ligtas, incorporator & shareholder of CMDC (SEC Reg. No AS095001246, sold majority of her shares to Ireneo L. Cezar. CMDC is an awardee of MPSA No. 103-98-XIII.
On Feb. 7, 2007, Fe Ligtas incorporated a new corporation using the same Claver Mineral Dev. Corp. wirh SEC Reg. No. 200701881, resulting to 2 CMDC's (46 and 81).
On May 15, 2008, SEC En Banc issued a Decision in favor of CMDC-46 to use the corporate name and affirmed by the Court of Appeals on May 24, 2010.
SEC ordered Ligtas to amend CMDC-81 & in March 12, 2015, she complied changing CMDC-81 to HenHao Equipments Corp.
On October 1, 2015, Pichay applied with SEC approval of Inc Cap Stock of CMDC-46 deriving his supposed interest from F e Ligtas' CMDC-81.
On Feb. 4, 2016, legitimate owners of CMDC-46 filed a complaint & cancellation & revocation of the following: (a) Certificate of Approval of Increase of Capital Stock approved on December 23, 2014, (b) Certificate of Filing of Amended Articles of Incorporation approved on December 23, 2014, (c) Certificate of Approval of Increase of Capital Stock approved on October 2, 2015 and, (d) Certificate of Filing Amended Articles of Incorporation approved on October 2, 2015.
With the clear and explicit findings of the SEC, it practically means that---
Respondents Fe Ligtas and Pichay Jr., in conspiracy with one another made it appear that there was a valid sale or transfer of shares between them for Claver 46 when they consciously and fully knew that Ligtas has no claim whatsoever with Claver 46.
If at all, there is a valid transfer of shares between respondent Pichay and Ligtas, it was a sale of shares of stock for Claver 81 (which was already renamed as HenHao), not of Claver 46.
Pichay used fraud to deceive SEC in approving their papers, the reason why the earlier Increase in Capitalization was approved. (Note: revoked already)
This only means that Claver 46, which has been declared to be the lawful Claver Mineral Development Corporation led by Cezar group and the other minority shareholders, is being impersonated by the group of respondent Ligtas and Pichay.
Respondent Pichay took advantage of the identical names of Claver 46 and Claver 81 by pretending to have bought the shares of respondent Ligtas in Claver 46. Respondents knew that if Pichay bought anything it is Ligtas’ Claver 81 which at the time of sale was already renamed as HenHao.
With his obvious schemes, respondent Pichay impersonates himself as Claver 46 since he knew that Claver 46 has ongoing business transactions. To this day, even with the voluminous and overwhelming pieces of evidence, the latest of which was the SEC Ruling, respondent Pichay is falsely, illegally and fraudulently using the name of Claver Mineral Development Corporation with SEC Registration No. 46.
CCIL Mining and Mineral Resources Corporation (CCILMMRC) signed a Joint Venture Agreement with the Minahang Bayan ng Albor Cooperative Incorporated (MBACI) as mining contractor for their Mineral Production Sharing Agreement (MPSA No. 028-94-X) license area in Libjo, Dinagat Island Province with an area of about 570 hectares.
From Surigao City to San Jose Municipality, Dinagat Island is being serviced by motorized Banca’s and inter-island ship (RO-RO) in more or less two hours during fair weather conditions in the area. San Jose to highway junction at Brgy Gen. Aguinaldo, a distance of 44 kilometers can be reached in hour drive by all types of vehicles. Thence from this point, another 10 kilometer all-weather road leads to the MPSA areas to the east.
The estimated resource of the nickel laterite within the MPSA license area is about 37.2 million tonnes with a conservative depth of 7.0 meters only. Manual auger drilling conducted by the Minahang Bayan ng Albor Cooperative Inc. (MBAC) along the southeast section of the MPSA indicated a depth down to 15 meters and still open ended.
The crest and slopes of the ridges are mantled with residual nickeliferous lateritic soil derived from extensive weathering of serpentinized harzburgite and dunite. Associated with these laterite deposits are minor amount of disseminated chromite and magnetite grains. Concentration of black sand along the channels of the drainage systems dissecting the area believed to be the result of weathering process of the underlying rocks
Photograph showing the thick nickel laterite deposit within the MPSA of the Minahang Bayan ng Albor Inc.
Within the MPSA of Minahang Bayan ng Albor Cooperative Inc, chromite-rich laterite zones were also identified. Exposed ultramafic rocks underneath the laterite veneer hosts massive to disseminated chromite deposits.
Two abandoned chromite small-scale mining areas were investigated, the Catmonan and East Maraquing where remnants of chromite ore fragments littered around the vicinities have been observed. Based on float, chromite occurs in the form of massive, disseminated and banded localized in the serpentinized dunitic country rock intercalated with the harzburgite. According to previous workers who made a detailed investigation of the mining area, the massive chromite occur as lenses or pod-shaped ore body ranging in thickness from 0.5 to 1.0 meter. Majority of the chromite ore bodies generally strike parallel to the regional structural trend of the area. In 1990 a total of 5,000.0 metric tons of lumpy ores were extracted in these mining areas.
Photograph showing a stockpile of chromite sand mined-extracted by small scale miners within the MPSA of the Minahang Bayan ng Albor Inc.
Panoramic view of the Claver Mineral Development Corporation (CMDC-1) minesite as represented by its "real" President Ireneo Cezar located in Bgry. Cagdianao, Claver, Surigao del Norte. The photograph shows the "hazardous laterite stockpiles" supposedly to be removed as ordered by the Dept of Environmental & Natural Resources and the Mines and Geosciences Bureau (DENR-MGB). The "fake" and "impostor" CMDC-2 of Prospero Pichay and cohorts illegally and forcefully took over the minesite through falsified documents and railroaded court decision. Several Ore Transport Permits (OTP's) and Mineral Ore Export Permits (MOEP's) were issued by the DENR-MGB to the "fake" CMDC-s of Pichay in order to remove the "environmental hazardous materials" to avoid siltation, pollution of the shoreline. Obviously from the above photograph, Pichay after several illegal shipments, never removed the hazardous materials but illegally mined high grade nickel laterite ore from other parts of the MPSA though it was suspended by DENR-MGB.
Cong. Prospero Pichay Jr.
Legal Cases Filed vs Cong Prospero Pichay Jr. et al.
Complaint filed by CCIL Mining and Mineral Resources vs Judge Ambrosio Moleta at the Supreme Court (OCA IPI 16-2828-MJT).
Estafa through Falsification of Public Documents was filed by CMDC-1, the real CMDC vs Prospero Pichay, Fe Ligtas, Cesar Detera, Lolita Bolayog and Teofranco Mallari at the Office of the Prosecutor, Quezon City.
CMDC-1 represented by IRENEO CEZAR FILED A CASE vs Prospero Pichay, Cesar Detera et al for Theft of Minerals at the National Bureau of Investigation, Dept of Justice.
The Mamanwa Tribes represented by James Biol and Datu Reynante Buklas filed a case vs PROSPERO PICHAY JR., CESAR DETERA, FE M. LIGTAS, TEOFRANCO M. MALLARI, LOLITAD. BOLAYOG, ALLAN A. PLAZA, LEO JASARENO, DANILO UYKIENG, ALILIO ENSOMO, ADOR PATINO, JOSE SALVE CABILING of the MGB for RA 3019 and Grave Misconduct at the OFFICE OF THE OMBUDSMAN.
CCIL Mining and Mineral Resources Corporation filed a COMPLAINT with the OFFICE OF THE OMBUDSMAN vs PROSPERO PICHAY, FE LIGTAS, CESAR DETERA, ALAN PLAZA, JUDGE AMBROSIO MOLETA, SHERIFF CARMENCITA GANABE et al for Violation of Section 3, par. e of RA 3019 and for Grave Misconduct.
Pichay's Illegal Shipments
Up to this point, from Pichay’s point of view, his crimes have paid. By last count Congressman Pichay’s illegal exportation of minerals that do not belong to him gained at least TWO HUNDRED MILLION (P200,000,000.00) PESOS in export sales after getting three (3) OTP’s and MOEP’s for three (3) shipments which is still continuing. These substantial amounts involved in these transactions evidence widespread corruption among all respondents, considering their undue haste and manifest partiality accorded to Pichay
Photograph showing the illegal mining activities of the fake and impostor Prospero Pichay within the CMDC minesite. Shown here is a barge waiting to be loaded with nickel latrite illegally mined and extracted by Pichay and cohorts.
On 20 March 2017 the Office of the City Prosecutor of Quezon City issued a Resolution filing a criminal case against respondent Cong. Prospero A. Pichay, Jr. on seven (7) counts of Falsification of a Public Document punishable under Article 172, par. 2 of the Revised Penal Code in Case No. XV-03-INV-08682 entitled “Claver Mineral Development Corporation represented by Ireneo L. Cezar, complainant v. Prospero Pichay, Fe Ligtas, Cesar Detera, Lolita D. Bolayog and Teofranco M. Mallari, respondents”, the dispositive portion of which reads:
“WHEREFORE, in view of the foregoing, the respondents are hereby charged with seven (7) counts of Falsification of a Public Document by a private individual under Article 172, No. 2 in relation to Article 171, No. 4 of the Revised Penal Code and that the attached informations be filed in court against them. xxx
Quezon City, Philippines, March 20, 2017
(SGD) MARIA CRISTINA DR. ROSARIO-OSOTEO
Senior Assistant City Prosecutor”
The filing of this criminal information in court against respondent Prospero Pichay for the crime of falsification of public document when he falsely claimed ownership of Claver Mineral Development Corporation (CMDC) by falsifying its increase in capitalization by using the SEC registration papers of another corporation, Henhao Equipments Corporation, as found by the SEC: this prima facie finding of probable cause by the Office of the City Prosecutor of Quezon City is additional evidence of respondent Pichay’s gross misconduct in this case.
The seven (7) documents falsified by Pichay et al are the following:
Cover Sheet (the entries are manually written) with Claver Mineral Development Corporation Sec. Reg. No. ASO95001246
Certificate of Increase in Capital Stock dated October 2, 2015.
Treasurer’s Affidavit of Lolita D. Bolayog dated September 29, 2016.
Secretary’s Certificate dated September 17, 2015
Subscription Contract dated Sept. 17, 2015
Director’s Certificate dated January 12, 2015 executed and notarized in Quezon City
GIS for 2015
Cong. Prospero Pichay Jr. Arraignment 21 June 2017 for 7 Counts of Falsification
On 21 June 2017, the arraignment of Cong. Prospero A. Pichay, Fe M. Ligtas, Cesar T. Detera, Lolita D. Bolayog and Teofranco M. Mallari was heard at the Metropolitan Trial Court, Branch 39, Quezon City, for seven (7) counts of Falsification of Public Documents by Private Individuals (Criminal Case no. 17-04316- to 22).
"Only accused Lolita Bolayog is present. Also set for hearing is the Omnibus Motion:
to Suspend Arraignment
To Lift Warrant of Arrest (Omnibus Motion) filed by accused Cesar Detera, Lolita Bolayog and Cong. Prospero Pichay.
In the Omnibus Motion, accused Cesar Detera and Lolita Bolayog moved for the suspension of their arraignment in view of the pendency of their Petition for Review with the Department of Justice ("DOI"), while accused Cong. Prospero Pichay moved for the lifting of the Warrant of
Arrest dated 8 May 2017.
ACP Rafael Jaime Mison did not object to the suspension of the proceedings but objected to the lifting of the warrant of arrest against Cong. Prospero Pichay.
Rule 116, Section 11 ( c) of the Rules of Court allows the suspension of the arraignment and/or the proceedings in view of the filing of a Petition for Review with the DOJ for a period of sixty ( 60) days counted from the of the Petition for Review.
Also, Section C(2)(a) of the Guidelines for Litigation in Quezon City Courts directs the Court to already set the date of the arraignment of the accused sixty (60) days from the filing of the Petition for Review with the DOJ.
In view of the foregoing, considering the petition for review was filed with the DOJ on 24 May 2017, reset the arraignment of accused Cesar Detera and Lolita Bolayog to 24 August 2017 at 8:30AM. Accused Lolita Bolayog is notified in open court.
The prayer of Cong. Prospero Pichay in the Omnibus Motion for the lifting of the Warrant of Arrest dated 8 May 2017 issued against him is hereby DENIED.
Pursuant to Rule 112, Section 5(b), in connection with Section 5(a) of the Rules of Court, the undersigned already examined the Informations and the documents attached thereto, and is convinced that probable cause exists;
which justify the issuance of warrants of arrest against all the accused in these consolidated cases. In fact, in the Order dated 8 May 2017, the Court already ruled that "probable exists, which justify the continuation of the proceedings and the conduct of trial against all the accused in these consolidated cases."
Finally, the Philippine National Police is directed to submit its return on the Warrants of Arrest issued against Cong. Prospero Pichay, Teorranco Mallari and Fe Ligtas within a period of ten (10) days from receipt of this Order."
Given in open court this 21 ''day of June 2017, Quezon City
JOHN BOOMSRI SY RODOLFO
Warrant of Arrest
On May 8, 2017, Warrants of Arrests were issued / Ordered by Presiding Judge John Boomsri Sy Rodolfo of the Metropolitan Trial Court (MTC) Branch 38, Quezon City in regards to Criminal case No. 17-04316 to 22 for Seven (7) Counts of Falsification of Public Documents by Private Individuals.
Ordered arrested are:
Prospero A. Pichay Jr.
Fe M. Ligtas
On June 16, 2017, Prospero A. Pichay of CMDC-2 filed a Libel Case (Case No. 16F-06852) vs CMDC-1 President Ireneo L. Cezar in the Office of the City Prosecutor, Quezon City.
In February 18, 2016, CMDC-1 President wrote a letters addressed to the DENR, MGB QC, MGB Surigao, President Duterte, OMD Office and SEC with Subject as " Application of MOEP and OTP of the "fake" or "Impostor" Claver Mineral Development Corporation (CMDC) led by Cong. Prospero Pichay in a letter dated 18 February 2016"
The letter respectfully requested the DENR_MGB to deny the OTP-MOEP application of Prospero Pichay due to misrepresentation and the SEC's revocation of his Certificate of Inclrease Capital Stock and Amended Articles of Incorporation.
On 17 October 2016, Senior Assistant City Prosecutor Jaime C. Villanueva , as approved by City Prosecutor, Donald T. Lee of the Office of the Prosecutor, Quezon City DISMISSED the Libel Case by Prospero Pichay vs Ireneo Cezar for want of probable caue.
Securities & Exchange Commission (SEC)
Order & Resolution
A SEC Order dated May 6, 2016 in CRMD Case No. 16-895 which declared in explicit terms the following findings of fact of “actual fraud with intention to deceive the Commission” committed by respondent Congressman Prospero A. Pichay, Jr. and Fe M. Ligtas, et al.---
“A careful scrutiny of the documents pertaining to the Increase of Capital Stock submitted by Ms. Ligtas, et al. reveals that the cover sheets attached to the applications for amendment of the Articles of Incorporation and increase of capital stock bear the SEC Registration No. "200701881" and not "AS095-001246" which is the true and correct SEC Registration No. of CMDC. Further review of the records of the Commission shows that "CS200701881" is the SEC Registration No. of HENHAO EQUIPMENTS CORPORATION (formerly with the name identical to CLAVER MINERAL DEVELOPMENT CORPORATION). Said corporation has the same primary purpose with CMDC and its Articles of Incorporation state Ms. Ligtas as one of the incorporators.
Moreover, a verification from the SEC Cagayan de Oro Extension Office on the records of the corporation with SEC Registration No. "CS200701881", it was found out that the group of Ms. Ligtas filed an application for change of name from CLAVER MINERAL DEVELOPMENT CORPORATION (with SEC Registration No. CS200701881) to EARTH POWER MINING & DEVELOPMENT CORPORATION, which was approved by the Extension Office on 16 April 2014. The original Certificate of Filing of Amended Articles of Incorporation remains unclaimed. It appears that the group of Ms. Ligtas filed for change of name twice: one at the SEC Cagayan de Oro Extension Office and one at the SEC Main Office; making the Commission believe that they are the legitimate directors and officers of the CMDC by confusing CMDC with the other corporation, HENHAO EQUIPMENTS CORPORATION
Such act of Ms. Ligtas, et al. of submitting documents with false statements is tantamount to actual fraud with the intention to deceive the Commission, considering that the SEC heavily relies on the said submissions to issue the Certificates. SEC Admin. Case No. 07-10-1202 explains fraud as follows:
"There are two types of fraud: actual and constructive. To constitute actual fraud there must be such fraud as affects the conscience - i.e., there must be the element of deceit or intentional deception. However, in constructive fraud, the intention is immaterial. There is constructive fraud for as long as the act done or omitted constitutes a misrepresentation, which in the contemplation of the courts and tribunals is tantamount to a fraud because of its detrimental effect on public interest”.
WHEREFORE, premises considered, the Certificate of Approval of Increase of Capital Stock and the Certificate of Filing of Amended Articles of Incorporation (amending Articles III and VII thereof) both approved on 23 December 2014 and the Certificate of Approval of Increase of Capital Stock and the Certificate of Filing of Amended Articles of Incorporation (amending Article VII thereof) approved on 02 October 2015 are hereby REVOKED”.
Congressman Prospero A. Pichay, Jr. appealed to the SEC En Banc the above SEC Order dated 6 May 2016 finding Pichay guilty of “actual fraud with intention to deceive the Commission” in falsely using the corporate name of “Claver Mineral Development Corporation” by using the SEC registration papers of another: “HENHAO EQUIPMENTS CORPORATION”
The SEC En Banc Decision dated 5 January 2017 denying Pichay’s appeal and affirming the SEC Order dated 6 May 2016. The dispositive portion of the SEC En Banc Decision dated 5 January 2017 reads:
“WHEREFORE, premises considered, the instant appeal is hereby DENIED for lack of merit. The Company Registration and Monitoring Department’s Order dated 06 May 2016 is hereby AFFIRMED.
Pasay City, 05 January 2017.
(SGD) TERESITA J. HERBOSA
(SGD) ANTONIETA F. IBE
(SGD) BLAS JAMES G. VITERBO
(SGD) EMILIO B. AQUINO
EPHYRO LUIS B. AMATONG
Commissioner” (was on leave)