By KARLSTON LAPNITEN
www.nordis.net
BAGUIO CITY — Is the National Commission on Indigenous Peoples (NCIP) trying to cover up its blunder on the alleged irregularities on the Apayao mega-dam projects?
Lawyers representing the affected Kabugao Isnag community, and their clients firmly believe so, especially with the recent denial of the request of those opposing the projects for several NCIP officials to inhibit from the ongoing deliberations.
In a June 5 letter, NCIP informed Jillie Karl Basan, a resident of Kabugao town and movant for the Motion to Inhibit, asking for the non-participation of Commissioners Allen Capuyan and Gaspar Cayat, and Regional Director Atanacio Addog of NCIP-Cordillera in the proceedings regarding their appeal to revoke the Certification Precondition (CP) given to dam proponent PanPacific Renewable Power Phils. (PanPacific).
The letter said the officials requested not to partake “opted and used their discretion not to inhibit themselves on the ground that [the] motion is moot and academic, and in as much as that [the] Motion for Reconsideration was already ruled and denied in the previous Commission En Banc (CEB) deliberation.”
Basan, on behalf of the other complainants on the CP issuance, filed the Motion to Inhibit, saying they could not expect the said officials to remain impartial. She cited their inclusion in the case filed before the Office of the Prosecutor and the Office of the Ombudsman for the alleged irregularities during the free prior and informed consent process.
Furthermore, the movants pointed out that Addog “will not give a sound judgment,” being declared as persona non grata by the Isnag community.
Worse, it was through the same letter that lawyers and leaders of the opposition that the Commission en Banc already denied the Motion for Reconsideration filed against the issued CP.
Lack of notice
“If there was a denial of the MR (motion for reconsideration), then where is the document? Our clients were not even given the courtesy of being informed about the denial,” said lawyer Ryan James Solano Solano.
Community members asked the CEB in August 2021 to reconsider the CP issued to PanPacific, citing alleged irregularities during the FPIC process. These include forged signatures and falsified and tampered barangay resolutions in 2019 related to the proposed 150-megawatt Gened 1 hydropower plant.
The lawyer said that since filing the Motion for Reconsideration two years ago, their clients had yet to receive any formal response, despite several appeals for the immediate resolution of the motion.
According to him, reliable sources within the NCIP claimed that the CEB still needs to issue a denial of the Motion for Reconsideration, contrary to the June 5 letter.
He added that if the CEB did deny the Motion for Reconsideration, this would stem a new string of lawsuits against current and former NCIP personnel, local officials, and community folks in cahoots.
Rene Cortes Law, where Solano is affiliated, is among the law firms assisting the Indigenous Isnag community. The other legal offices helping the community are Jose Molintas and Partners Law; Lidua, Daping and Partners Law Office; Donaal and Partners Law; BMW Law; and Comafay Law. The Free Legal Assistance Group has also extended its aid to the complainants.
Community members opposing the project have already filed several administrative and criminal cases related to the questionable FPIC process in Kabugao town.
Strings of allegations
According to NCIP insiders familiar with the case, the denial letter came after former NCIP Regional Director Marlon Bosantog allegedly met with the commissioners and threatened them with criminal and civil suits; if they did not deny the Motion for Reconsideration.
Reliable sources from the office confirmed he remains in the official communication groups (Viber) of NCIP as of June 9, despite being long out of government service.
Bosantog resigned from office before the May 2022 elections and replaced lawyer Noel Magalgalit, who represented PanPacific in multiple documented transactions with the NCIP, as the second nominee of a party-list that failed to secure a seat in Congress.
To recall, there have been allegations that several NCIP officials involved in the Gened FPIC proceedings received brand-new vehicles from the proponent, which is prohibited under the FPIC guidelines.
The Apayao issue has also attracted the attention of former NCIP commissioner Zenaida Pawid who recently met with Kabugao folks, including elder Ramos Bongui.
Reliable sources also confirm that another former NCIP commissioner also communicates with the Kabugao community and their legal team.
“If they proclaim themselves to be IPs (Indigenous peoples) or claim to advance IP causes, they should face us and the community, their fellow IPs. Let’s sit down and discuss the IP way. Stop resorting to cowardly maneuverings,” challenged Solano # nordis.net
