By Atty. Antonio P. Pekas
As was said earlier, the offer of BENECO to the Kabayan people for the building and operation of the minihydro is quite juicy, on paper, that is. The question is, can it be done and can it be sustained? And where will it get the money to finance the project? Will it have to borrow again? I understand that it had been obtaining loans to finance its various projects.
Can the project’s management be manipulated to shortchange the Kabayan people?
On the side of Hedcor is the financial stability it had shown in all its projects in the Cordillera. It appears that all its host communities are not staging a revolt for its ouster. The people there must be gaining something while the public officials, down to the barangays, might be filthy happy.
So the question is, is the juicy offer of Beneco sustainable? It remains to be seen, if at all. Therein lies the rub. The Kabayan people might not be too willing to commit to something that has yet to be seen. Let us see.
The biggest argument I heard from a ranking officer of BENECO against Hedcor’s plans in Kabayan involves the regionalistic sentiment. As he posed, should we allow an outsider, Hedcor, to continue exploiting our natural resources?
But whether it is BENECO or Hedcor that will run the project, it will be outsiders who will profit the most. The project involves hundreds of millions of investment. BENECO cannot finance it on its own. An outsider-financier will have to come in. Who will profit the most? The financiers.
As to the manipulation of the project’s management to shortchange the Kabayan people, I dare say that any management can be manipulated. Even in big, blue chip companies.
In the alleged MOA containing the offer of BENECO, I am quite bothered by the qualifications of those who will become members of the management board of the proposed partnership between BENECO and the Kabayan people. One qualification is “business management skills and experience.” For all I know the people of Kabayan who have such qualification might not be there anymore. They would be somewhere outside. With this reality, then outsiders could come in. Could this be a way to manipulate the management board? Could be.
How about Hedcor’s management, does it share it with the people in its host communities. I guess not. So what it is banking on is its track record on the success of its operations in other areas as aforesaid. Biggest item on its plate of offers, is the assurance the community will surely benefit. On its side will be the question, “Would you like to gamble for a pie, no matter how good it appears, that is still floating in the sky?”
Well, it will be the Kabayan people who will finally decide. So the bottom line is, will they opt for Hedcor by giving their prior, free and informed consent. Of course everybody knows that a people’s consent is always dependent on the leaders who can practically sell themselves at the expense of their people. This had been happening everywhere, everytime.
As of now, Hedcor has the advantage of having the time as mandated by the law to obtain the people’s consent. And if the past is anything to go by, it just might get it. In Sabangan, Mountain Province, for instance, despite the strong opposition led by Juniper Dominguez, it was able to maneuver its project through. It is now peacefully operating there.
If BENECO can surreptitiously make the Kabayan people to reject Hedcor’s overtures, then it also might have the chance to operate its first minihydro plant.
But as of now, the odds are tilted in favor of Hedcor.**
