IP group slams Benguet execs on Philex royalties

By Dexter A. See 

TUBA, Benguet – Embattled officials and council of Elders of the Indigenous Peoples Organization of Alang, Pukis, Sabian, Sta. Fe, Oliba and Luacan here assailed  “divide and rule tactics” used by some provincial officials and several indigenous peoples allegedly in cahoots with the leadership of the National Commission on Indigenous Peoples in their alleged bid to discredit them and swing the confidence of the public to their cause.

           

 Adam Ventura, IPO-APSSOL president, said the numerous charges being filed by various indigenous peoples against the group is geared towards muddling the issues, confuse the public and sway the confidence of the people to their obviously self-serving cause.

            

“The present leadership denies insinuations that millions of pesos out of the royalty being paid by Philex Mining Corporation to the group had gone to our pockets,” Ventura said, adding since he assumed his post last year by virtue of the decision of the council of elders, funds from the 1.25 percent royalty being paid by Philex to the group had not been downloaded to them since June last year because signatories to the account, particularly the NCIP chairperson or the NCIP-CAR regional director had not affixed their signatures to the account so that the funds will be transferred to the local branch of the Banco de Oro in the city.

            

He explained the NCIP regional hearing office has also issued several writ of preliminary injunctions restraining the release of funds from the group’s account, thus, no funds were disbursed to members since June last year.

            

In the case of IPO-APSSOL officials, Rufo Gayaso, former president, said financial statements of the group for the years 2008 and 2009 have already been turned over to the present officers while the financial documents for 2010 is still being ironed out considering that it has not yet been turned over.

            

According to Ventura, the group is also questioning the authority of NCIP to conduct an audit on the funds of the organization since the affairs of the group are purely private and no public funds are being used considering that the royalty paid to them is considered private funds, thus, the notice of the NCIP to cancel the group’s accreditation is without merit and could be subjected to further legal action.

            

With regards the resolution of around 600 individuals representing clans from 15 other sitios which are allegedly affected by the Philex mining operations, Ventura explained the said resolution has no force and effect since those who signed the resolution are not still recognized by the group as the validation process to determine whether or not they qualify as members is still underway.

            

Moreover, the IPO-APSSOL declared as null and void the general assembly conducted by some selected members and NCIP officials last May 31, 2012 in Camp 3, Tuba considering that such activity was not sanctioned by the officers and it was only done to add confusion to the current problems of the organization.

            

According to Ventura, the group is willing to accommodate more members from the 15 sitios where the signatories came from but they must undergo the process enshrined in their constitution and by-laws, particularly the validation process.

            

Under the group’s guidelines, the membership is classified to be primary for those families who are located inside the Philex buffer zone and whose properties are directly affected by the mining operations leading to the identification of their lands as high impact; regular members for those families whose properties are located outside the buffer zone and their lands are indirectly affected thereby classifying their properties as low impact and special members for those who fall under both categories but whose houses are located within other remaining sitios.

           

 “We were on the process of validating the supposed qualification of those who applied as members from the 15 sitios when suddenly we received a barrage of charges from different clans who happen to be our relatives that eventually led to the current impasse,” Ventura stressed.

            

On the scheduled June 12, 2012 election of officers of the group which is being spearheaded by board member Johnny Waguis, Ventura argued that the same is again illegal since it is not sanctioned by the current set of officers who are still in their respective positions because they could not be subject for impeachment as being insinuated in the media.

            

As per the group’s constitution and by-laws, erring officers could only be replaced through recall elections by legitimate members of the organization and not by any indigenous people’s organization.

            

In addition, the by-laws also provide that those who were subjected to recall elections are automatic candidates to their desired positions, thus, the June 12 elections did not comply with the aforesaid process thereby rendering it illegal.

            

The group accused Waguis of getting back at them since they refused to comply with the demand letter of the neophyte lawmaker from the organization claiming attorney’s fee in the amount of P3 million.

           

Waguis was the legal counsel of the organization in 2008 but when he failed to file an answer on time, which is in gross violation of his sworn duties and responsibilities, in a case against the group before the NCIP’ regional hearing officer, he resigned as counsel on the same year after the association was declared in default, thus, he is not entitled to his claim for attorney’s fee in the amount of P3 million.

            

Because of the group’s refusal to give in to his demand, Waguis is now spearheading even illegal moves to remove the present officers of the IPO-APSSOL so that he could allegedly pursue his claim once new set of officers who will be aligned with him are in place.