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 firmly believes so, following the recent acts of NCIP regarding the longstanding request of the Indigenous community to revoke the Certification Precondition given to dam proponent PanPacific Renewable Power Phils. (PanPacific).
Lawyer Ryan James Solano said they received a June 5 letter from the NCIP stating that the Commission en Banc already denied the Motion for Reconsideration filed against the issued Certification Precondition
Thus, the Motion to Inhibit they filed on May 29 asking for the non-participation of Commissioners Allen Capuyan and Gaspar Cayat, and Regional Director Atanacio Addog of NCIP-Cordillera in the deliberations on the Motion for Reconsideration was already “moot and academic” or no longer an issue.
“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 Solano.
The Motion for Reconsideration was filed on August 2021 due to alleged irregularities uncovered in the conduct of the Free Prior Informed Consent (FPIC) process, as well as forged, falsified, and tampered barangay resolutions in 2019 related to the proposed 150-megawatt Gened 1 hydropower plant.
If the Motion for Reconsideration was indeed denied, this will stem a new string of lawsuits, not only against current and former NCIP personnel, but local officials and community folks in cahoots, said Solano.
Rene Cortes Law, where Solano is affiliated, is among the law firms assisting the Indigenous Isnag community which includes Jose Molintas and Partners Law; Lidua, Daping and Partners Law Office; Donaal and Partners Law; BMW Law; Comafay Law; and the Free Legal Assistance Group (FLAG).
Several administrative and criminal cases were already filed by the legal group related to the questionable FPIC process in Kabugao town.
Administrative cases are also being readied in relation to the alleged manipulation in the selection of the Kabugao Indigenous Peoples Mandatory Representative, which local officials and the community assembly rejected, said Solano.
The lawyer also pointed out that since the Motion for Reconsideration was filed almost two years ago, their clients have similarly not received any formal response, despite several attempts of lobbying for the immediate resolution of the motion.
“What is taking them two long years to decide? Is it because they cannot cover up whatever blunders they have committed?” Solano asked.
Solano said the reliable sources within the NCIP claim on Friday that the Commission en Banc have actually not yet issued a denial of the Motion for Reconsideration, contrary to their June 5 letter.
The denial letter came after a former resigned NCIP Regional Director Marlon Bosantog allegedly met with the commissioners, threatening them of criminal and civil cases if the Motion for Reconsideration will not be denied.
To recall, Bosantog is among the NCIP officials allegedly given brand new vehicles by PanPacific prior to the release of the Certification Precondition. The other officials are Addog and Geoffrey Calderon.
Bosantog resigned from office prior to the May 2022 elections and replaced Atty. Noel Magalgalit as the second nominee of a partylist which failed to secure a seat in congress. Interestingly, Magalgalit represented PanPacific in multiple documented transactions with the NCIP.
Reliable sources from the NCIP also confirmed that Bosantog is still in the official communication groups of NCIP as of Friday, despite long out of government service.
Last year, a Viber screenshot circulated on social media of an alleged order by Capuyan ordering Calderon to surrender the vehicle given to him – a Toyota Hilux Conquest.
In a Facebook group, a Facebook account confirmed to be of Calderon admitted to using the said vehicle in the conduct of NCIP activities. Under FPIC Guidelines, this can be deemed indirect interference of the proponent to influence the outcome of the process.
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 is in communication 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.** Karlston Lapniten
