Folks file case vs Coheco 500- MG hydro Kibungan project

Court urged: Nullify FPIC

LA TRINIDAD, Benguet – Kibungan town folks recently filed a petition with the Regional Trial Court here to declare null and void the free prior and informed process (FPIC) conducted by the National Commission on Indigenous Peoples Cordillera regional office on the proposed 500 mega-watt hydro project proposed by the Coheco Badeo Corp. (CBC) over ancestral domain in the municipality.

Petitioners, in case no. 10-CV-3448, urged issuance of a temporary restraining order and preliminary injunction saying the power to hear the petition is under the jurisdiction of the RTC as decided by the Supreme Court in a related case.

The court is reportedly set to hear the case first week of June.

In their “causes of action,” they said CBC interfered with consensus-building and decision-making of affected indigenous peoples as regards the project and FPIC in violation of their right to participate in decision-making as provided for in the Indigenous Peoples Rights Act.

Petitioners, all members of the indigenous community of Badeo, Kibungan included: John Bagesbes, Paul Laoyan, Dalvin Anapen, Raom Sed-ek, Teresita Mariacos, Gary Wanaten, Danilo Ngalides, Rafael Macanas, Culas Alacdis, Dencio Wan-aten, Robert Papsa-ao, Macario Mariacos, Joel Ngalides, Elis Mariacos, Nover Bagesbes, Remy Molitas, Apsay Langpew, Domionga Colbo, Thomas Bagesbes and Balao Papsa-ao.  

The petition was submitted to the RTC by their Manila-based lawyer Mario E. Moderazo.

In their petition, they said the FPIC team failed to comply with requirements of the IPRA on respecting rights of indigenous cultural communities and indigenous peoples to natural resources within their ancestral domains.

There also said there were irregularities in the conduct of community assemblies (CCAs) held on the same day in June 14, 2017.

Among others, they said the CCAs did not cover the impact on the environment of the project and there was also no feasibility study that was presented to the people.

Petitioners said they were also not given independent advice like those of experts that will enable them to understand the project and its impact on their community.

Pigs were also allegedly butchered per sitio by proponents of the project in “sponsored dining session” in violation of FPIC guidelines.

On July 2-5 July 2017, CBNC employees identified as lawyer Manuel Komicho, Roger Tugade, Japeth Abance and Norma Anatel with other employees reportedly campaigned for favourable consent to the project in Lebeng, Mocgao and Nan-angan.

Petitioners also said a resolution of consent (to the project) submitted by elders of Badeo did not constitute the decision of IPs and was not an FPIC as defined by the IPRA and should be declared null and void.

In their sixth cause of action, they said the nearby municipalities of Kapangan, Benguet and Santos, La Union, were within the ancestral domain affected by the project and should have been included in the FPIC process.

The exclusion of IPs from both towns, petitioners said, was a violation of their right to be part of the FPIC.

Also on July 8, 2017, the ICCs of Mocgao, Lebeng, Balbalnag and Tableo of Barangay Badeo wrote a letter signed by 92 IPs  expressing they were not in favor of the proposed project.

A copy of the letter was received by lawyer Severino Lumiqued of the NCIP, team leader of the FPIC team.

They cited the following reasons for their disapproval of the project:

They want a prior CBC project, the Coheco 60 MGW in Kibungan completed so they can observe its positive and negative effects.

They want CBC to present their list of investors so the community can directly consult with them.

They also demanded a complete feasibility of the 500 MVV project so they can appraise its effects.