By
Aileen P. Refuerzo
BAGUIO CITY – Tuba
municipal councilor Roger Kitma has appealed for “healing” of the relations
between the Baguio City government and Tuba residents and appealed to the city
officials here to work out the settlement of the issues on Asin
mini-hydroelectric plants.
In a letter to the
city council dated Jan. 29, Kitma asked for the city to reach out and waive its
claim for civil damages filed years ago against members of the
Tadiangan-Nangalisan Hydro Ancestral Landowners Association (TNHALA) for
allegedly diverting water supply disrupting the operation of the plants, if
only to quell the animosity and forge better relations between the parties.
The issuance of the
waiver would pave the way for the implementation of the compromise agreement
entered in 2010 by the city government and the TNHALA for the city’s payment of
the rentals to the residents for the use of their properties traversed by the
mini-hydro flume lines.
“Short of saying we
are appealing for healing through said waiver, the undersigned now prays that
the decision-makers comprising the City would understand that they are dealing
with individuals, whose individual participation that gave rise to Civil Case
No. 6911-R are practically indeterminable, making it ripe to be ‘overlooked’ if
only to create better relations,” he wrote.
“Kindness and goodness
beget kindness and goodness. I am sure that when the City finally reaches
out without too much concern for legalities, the hearts of our affected
constituents in Tuba would likewise soften up,” he said.
Kitma said the
opposition filed by resident against the city’s intention to revive the
operations of the Asin mini-hydros in Nov. 1, 2015, was anchored on two
grounds: “the unsatisfied clamor for payment of rentals and the absence of
activities that are mutually beneficial to affected Asin residents and the
city, that is, the maintenance of flume lines upon which residents depend upon
for water used domestically or for farming.”
“Indeed it has been a
long time since the hydros were operated and the continuing deferral of any
activities in the area have left our constituents thereat restive. Our
humble projection is that if the city continues to delay said payments and
defer its active presence onsite, the more such delay will create problems
insofar as the hydros and relationships between and amongst all affected
parties are concerned,” Kitma said.
He suggested that
payment of the computed rentals and the issuance of a waiver be done the
soonest possible time “if only to be able to diffuse any growing tensions
between the city and the affected residents.”
Mayor Mauricio Domogan
has time and again expressed hopes that the claims will be settled at the city
council the soonest possible time so the rentals can be paid to the affected
residents pursuant to the compromise agreement.
The city government
and landowners in 2010 signed a compromise agreement for the compensation of
the residents whose lands are affected by the pipelines and plant facilities
ending a long standing dispute over reparation issues that in the past resulted
to disruption of the plants’ operations and even led to a court case between
the parties.
As per the agreement,
the city will compensate the landowners by way of rentals amounting to three
percent of the net surplus from the operation of the mini-hydro plants subject
to conditions that the rentals will be retroactive to year 2007 when the city
assumed management of the plant; that the rentals will be subject to increase
after three years; and that the rentals shall be payable to TNHLA which will
assume the task of distributing the amount to the affected landowners.
The agreement was
approved by the court and the corresponding amount had been allocated by the
city government however , the execution of the agreement did not push through
in view of the need to negotiate and waive the claim of the city government for
damages before the City Council.
The association
earlier appealed to the city council to waive the claim.
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