KABAYAN, Benguet – The La Trinidad-based Regional Trial Court (RTC) Branch 63 issued a 17-day temporary restraining order (TRO) that extended an earlier 3-day TRO preventing the Benguet Electric Cooperative (BENECO) from conducting similar activities that tend to affect the ongoing free and prior informed consent (FPIC) of the Aboitiz-owned Hydroelectric Development Corporation (HEDCOR) Kabayan Inc. for its 52-megawatt hydro project in the said area.
In a 2-page order Judge Danilo Camacho pointed out the ongoing activities of BENECO in conducting meetings with the indigenous peoples and indigenous cultural communities (IPs-ICCs) for its proposed hydro power project in the municipality, if not stopped, will definitely interfere, hinder or impede, may even block and adversely affect the ongoing FPIC process being conducted by the National Commission on Indigenous Peoples (NCIP) in the area in violation of the right of HEDCOR as project proponent for the hydro power project.
During the hearing on the extension of the TRO, HEDCOR was able to present the judicial affidavits and testimonies of the witnesses Priscilla Codiase and Maria Elena Salita.
In her judicial affidavit, Codiase attested there were meetings conducted in the community about BENECO and its proposed partnership agreement, the benefits and percentage of shares the community will receive if the cooperative will be the one to construct the hydro power project vis-à-vis HEDCOR and the most recent meeting was conducted last November 18, 2016.
For her part Salita affirmed, among others, that BENECO is allegedly committing acts which are interfering with the conduct of the FPIC process in violation of the rights of HEDCOR, like setting up meetings with Onjonni Kasikuranshi Kabayan (ONKASKA) where the agenda included the proposed partnership agreement on hydro power generation between the IPs of Kabayan and BENECO.
Earlier the Kabayan Indigenous Peoples Organization (IPO) rejected HEDCOR’s proposal to construct a 20-megawatt hydro power project along the Agno River, particularly from Amlimay, Buguias up to Pacso, Kabayan, citing sensitive environmental issues such as tunneling that tends to compromise the state of the environment in their place and the overall ancestral domain.
HEDCOR owns a service contract for the development of three hydro power plants along the Agno River: the 20-megawatt hydro project from Amlimay, Buguias to Pacso, Kabayan; a 52-megawatt hydro project in the Nalatang River; and a 27-megawatt hydro project between Kabayan and Bokod.
The Kabayan IPs stated in their resolution against the HEDCOR project that it prefers a partnership with BENECO for the proposed hydro project because the rural electric cooperative recognizes the value of the IPS having co-ownership of the power generation facility plus the fact that it values the importance of preserving and protecting the environment for the benefit of the present and future generations of IPs living in the community.
The issuance of the TRO was a grave error. Hedcor has not clearly established the source of its legal claim for a TRO and the manifest acts which they sought to be restrained.
In a statement, BENECO management stated the court’s order failed to appreciate what an FPIC is all about in relation to the right of indigenous peoples under the IPRA to determine what is best for them. Please take note that Hedcor’s Kabayan 1 project was rejected recently by the people.
BENECO management added the meetings with ONKASKA and the proposed partnership with BENECO were cited in the order as the basis of the TRO were acts done outside the FPIC process which Hedcor claims has started.
“These acts are not acts of interference,” the statement stated.
Anyway, BENECO pointed out the relief granted is only temporary. Let the ensuing trial expose the actual facts on the ground.
“We understand if Hedcor is in panic mode. It could not afford another rejection. Hedcor said it already spent P20 million for its proposed projects in Kabayan. The amount perhaps included the P15 million its mother company paid PNOC to secure PNOC’s original service contract for Kabayan,” BENECO said.
By HENT
