Gregorio Cabantac, undersecretary for legal affairs of the Department of Environment and Natural Resources (DENR), said criminal charges should also be filed against executives of eight companies who imported the substances.
"Based on our investigation, there is prima facie evidence that (former EMB chief Peter Anthony) Abaya conspired with the corporations to import hazardous chemicals in a deliberate effort to exploit commercial opportunities," said Environment and Natural Resources Secretary Heherson Alvarez.
Alvarez said Abaya, who was EMB chief under former Secretary Antonio Cerilles, approved the issuance of permits last year to eight new industry players for the importation of 200 metric tons each of the refrigerant R-12 dichlorodifluoromethane (CFC-12), which small and medium enterprises use in servicing old refrigerators and car airconditioners.
"Abaya was the one who signed the papers allowing the importations," he said.
Alvarez said the entry of the banned chemicals into the country violated the 1997 Montreal Protocol on Substances that Deplete the Ozone Layer, which the Philippines signed along with other countries on March 21, 1992.
Alvarez said Abaya granted the importation permits to Maris Marketing Corp., Shezura Marketing Corp., Fedayeen Trading, Vines Realty Corp., Arrow Merchandising, Elite Adjusters and Surveyors Inc., Imperial Sea Corp. and Canadian Asian Enterprises. Their total importation was valued at $1.995 million or roughly P99.872 million.
Seven other firms, which held old permits, were also allowed to import 1,302.39 metric tons of CFC-12, costing about $3.349 million or P197.461 million, Alvarez said.
He said the use of CFC-11 and CFC-12 on new equipment or products has been banned starting Jan. 1, 1999, and that the new importations set the country behind schedule on the phaseout of ozone-depleting substances by 10 years.