Criminal and administrative complaints were filed against Energy Secretary Sharon Garin before the Office of the Ombudsman for her alleged violation of a coal moratorium after she reportedly approved a 1,200-Megawatt (MW) coal-fired power plant project in Atimonan, Quezon, in July this year.
The 30-page complaint was lodged by various church leaders and residents from the province, along with the Philippine Movement for Climate Justice (PMCJ) on Monday, accusing Garin of violating Section 3 (e) and (j) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act and for purportedly committing grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of service.
According to PMCJ and other groups, Garin reportedly exempted the 1,200-MW Atimonan One Energy Inc. (A1E) coal-fired power plant project from the moratorium, despite it not meeting the requirements necessary for exemption.
Under the coal moratorium issued by the Department of Energy (DOE) in 2020, concerned stakeholders were notified that the agency would not process applications for greenfield coal-fired power generation facility projects requesting for endorsements and existing and operational coal-fired power generation facilities, among others.
‘There is overwhelming opposition against the construction of the Atimonan coal plant.
It is not just the church but the people of Atimonan and Quezon Province. Besides, the economic and financial arguments are clearly against it,’ said Fr. Warren Puno, lead convenor of Quezon for Environment (QUEEN) in a statement handed out to the media during the filing.
‘No one is interested in investing in the construction of coal plants anymore, as their era has passed. Even the past DOE leadership has given up on it. DOE Secretary Garin has created a mess, and now she has to face the consequences,’ he added.
For his part, PMCJ chief legal counsel Aaron Pedrosa stressed that even DOE’s October 14 advisory expanding the exemptions to the moratorium ‘cannot be retroactively applied to justify the Atimonan coal plant project.’
‘In the face of ongoing protests and. investigation into the flood control issue, Garin should be investigated for facilitating the endorsement and approval of projects supposedly banned by the government,’ Aaron Pedrosa said.
Aside from the moratorium, the lawyer noted that the project also violates the Department of Health (DOH) – Department of Interior and Local Government (DILG) Joint Administrative Order (JAO) No. 2021-0001, also known as guidelines for the operationalization of the health impact assessment (HIA) review process for development projects, as the project proponent has yet to send an application for Health Impact Clearance Certificate.
Puno said they were trying to talk to Garin about the concerns plaguing the project and even staged a protest, but the DOE chief did not respond to them.
Garin’s camp, on the other hand, said they have yet to receive a copy of the complaint.