DENR-EMB: ‘We cannot just say NO to coal-fired power plants’

Director Sabdullah Abubacar of Environment Management Board of DENR Region X answers questions and clarifications from the Coal Resistance (CoRe) Movement and Health Environment (HEM)

CAGAYAN DE ORO. Region X Director Sabdullah Abubacar of the Philippine Environmental Management Bureau (EMB) explains why they cannot simply reject coal-fired power plant projects in the region on Thursday.

“As long as they have complied the standards and requirements, I have no reason to say NO to the project”, Abubacar answered when asked about the surge of approved coal-fired power plant projects throughout the country. 

Abubacar also added the Philippines has no existing law that prohibits coal-fired power plants.

Currently, the Philippines has 13 plants burning coal to produce electricity while another 45 coal-fired power plant projects waiting for the EMB’s Environmental Compliance Certificate (ECC) to start its operations. Some of them have started construction.

“I am not the investor so I cannot dictate them”, said Abubacar when questioned why the Philippine government has not been investing much on renewable sources of energy.

Kauswagan, LDN Power Project

When probed on the current situation of the displaced residents in Kauswagan, LDN (refer to previous articles) due to the 540 MW coal-fired power plant that is being constructed, Abubacar said that the affected locals should file a case addressed to the Multipartite Monitoring Team (MMT) of GNPower Ltd. Co. or to the EMB so they can conduct an investigation.

The Environmental Management Bureau, under the Department of Environment and Natural Resources, is the national authority responsible for pollution prevention and control, and environmental impact assessment. 

Regional Director Sabdullah Abubacar is the chairman of the Multipartite Monitoring Team (MMT) of GNPower Ltd. Corporation that oversees the compliance the conditions set by the Environmental Compliance Certificate.

By: PrinsipeTibak

 CoRe Movement

Displaced Libertad locals refuse to sign ‘blank’ USUFRUCT Agreement

Around 321 families affected by the construction of 540-megawatt coal-fired power plant in Brgy. Libertda, Kauswagan, LdN are relocated. The rest rest of the relocation houses are still being built to accommodate the displaced families.  

LANAO DEL NORTE. “This is politicking in the part of the LGU of Kauswagan” said 1st District Board Member Moamar Jack Maruhom when he gave his comment on the ‘blank’ USUFRUCT Agreement presented by the displaced residents of barangay Libertad, Kauswagan, LDN during the May 18 regular session of the Sangguniang Panlalawigan.

In a statement read by Sally Pimentel, a displaced resident of said barangay, an LGU representative came over at the unfurnished relocation site provided to them by GNPower Ltd Co. earlier this month and convinced them to sign a ‘blank’ Usufruct agreement with unspecified details of the conditions.

In Article 562 of the Civil Code of the Philippines, Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. 

A more intriguing insight of the Usufruct agreement was furthered by BM Maruhon when he asked about the owner of the land to where the relocation site was built. Undoubtedly the residents answered that the land is being currently owned by GNPower Ltd. Co., the company responsible for the construction of the 540 MW coal-fired power plant allegedly used to supply the electricity power crisis in Mindanao. 

However, it was found out that the obtained ‘blank’ USUFRUCT Agreement was already affixed with Kauswagan Mayor Rommel Arnado’s signature. It would only mean that the land and the relocation site are both owned by the LGU of Kauswagan, LDN not by GNPower Ltd. Co. Once the residents sign the Usufruct Agreement they can be uprooted anytime by the LGU should they violate any of the conditions – something that they dreadfully fear will happen. In the end, the residents will not be entitled a parcel of land.

Copy of the deed of perpetual usufruct distributed to the relocated families for their signature.

In another read statement, Kauswagan Mayor Arnado also promised to award them the title of the land but up until now the promise remains adrift. 

“We only transferred to the relocation site because we were threatened that they will award the land title to another if we refuse to be relocated even when the site is still unfinished”, reads Pimentel of Purok 6, Brgy, Libertad.

According to the residents, the relocation site is far from being finished up until now. Doors and doorknobs are missing; the roads not concrete; no multi-purpose gym, health center and new barangay hall. Additionally, no disturbance fee was given to them for the damages done to their houses and livelihood.

“We will do our best to help you as lawyers and board members of the First District [of Kauswagan, LDN] so GNPower Ltd. Co. can finally give you justice”, promised 1st District Board Member Atty. Mac Dibaratun.

After the session, the residents rode back to Kauswagan with high hopes now that the Sangguniang Panlalawigan of Lanao del Norte heard their pleas and won their sympathy. 
Their battle continues.

By: PrinsipeTibak 

CoRe Movement

***the story of coal-resistance of residents in Kauswagan is a story in progress.

Libertad Residents demonstrate Power of Collective Action

Libertad residents bring their sentiments and demands before the Lanao del Norte Provincial Officials

LANAO DEL NORTE. What started as a simple demonstration of the freedom of expression of the people of Brgy. Libertad, Kauswagan, LDN ended with sympathy and support from the Sangguniang Panlalawigan during a regular session on May 18.

The demonstration started along the highway of Kauswagan, LDN with local residents displaying their resistance against the coal-fired power plant being constructed between two barangays of Kauswagan, LDN that took away their homes, livelihood and devalued their social rights. Knowing that their Local Government Unit will not hear their pleas for a proper relocation site and a disturbance compensation for the damages done, the displaced residents of said barangay took a two-hour travel to the Provincial Capital of Lanao del Norte to air their request. They were invited inside the regular session.

"If they destroy my home, they, too, will destroy my fishing livelihood", stresses Junwine Edroso, 54, as he shares how he refuses to be relocated. While the others narrate how they helplessly witnessed their houses being mowed down to the grounds, Junwine is one of the few who remained at the construction site of the coal-fired power plant set to take full operation by 2017 under GNPower Ltd. Co. -  a company owned by the Ayala Group of Companies.

Known as one of the dirtiest source of energy and the single biggest source of climate changing pollution, the coal fired power plant in Kauswagan, LDN started its construction in the last quarter of 2014.

Libertad residents proceed to Lanao del Norte Provincial capitol after their short demonstration in their barangay. 

Some affected residents lament how their coconut trees and other fruit bearing trees, their only source of living, were being flattened to the ground and were not given indemnification for the damages done leaving them defenseless.

According to First District Board Member Mohammad Moamar Jack Maruhom and ex-Mayor of Kauswagan, LDN for nine (9) consecutive years, GNPower did not recognize the Sangguniang Panlalawigan since they bypassed their application and failed to attend sessions several times even when they were being summoned. 

 “We have to find a way to take back the ECC [Environmental Compliance Certificate] from the Department of Environment and Natural Resources so we can finally shut down the [coal fired power plant] construction”, said 2nd District Board Member Benny Baguio. 

In an interview, 1st District Board Member Grecille Matalinis shared that her first step is to address the problem of the displaced residents to GNPower since there were agreements not met. When asked about the possibility of the ECC dismissal she gave no comment because it is still on the process of filing a resolution for the dismissal.

Vice Governor Ma. Cristina Navarro Atay discusses possible actions that her office will initiate to address the issues presented by the community. 

Knowing the full support of the Sangguniang Panlalawigan, the displaced residents of Barangay Libertad, Kauswagan, LDN, no longer fears the manacles of oppression and even decided to form an organization to strengthen their resolve and a stronger chance of being heard through their collective action. They won the day but their battle continues.

By: PrinsipeTibak 
CoRe Movement

***the story of coal-resistance of residents in Kauswagan is a story in progress.

Call for support and media coverage: A Community Demonstration in Brgy. Libertad, Kauswagan, LND

          Coal Resistance (CoRe) Movement

            Telephone No.: (63) 221-3769    Email Address: resistcoal@gmail.com

          Address: Door 2 Maca-agir Apartment, 6^th East, Tubod, Iligan City

_______________________________________________________________________

Call for support and media coverage:

A Community Demonstration in Brgy. Libertad, Kauswagan, LND 

 About 300 individuals from the GN Power relocation area will be demonstrating in Libertad Highway in Brgy. Libertad, Kauswagan, Lanao del Norte this coming Monday-May 18, 2015 at 6:00 to 8:30 in the morning.  The march rally will start at the Foot Bridge and will end in the Barangay Hall.

With the fear that the current instrument being used for tenurial arrangement will jeopardize their full ownership over the lots and houses which they presently occupied and possessed, the demonstration aims to express such sentiments to the authorities and GN Power-the very company that displaced them from their communities during the construction of the 540 megawatt coal-fired power plant in more than 100 hectares of land between Brgy. Tacub and Brgy. Libertad.

The community is calling out for support from human rights organizations and for coverage from media outfits especially that their request for “Rally Permit” from the municipal government and their request for “Assistance and Security” from the Philippine National Police were not granted.

   

 For more information, please contact Coal Resistance Movement at the following contact details:

Telephone No.: (63) 221-3769

Mobile No.: 09323038340  

Email Address: resistcoal@gmail.com

Another battle is yet to be fought in Lapayan

Construction machines and equipment for the coal-fired power plant in Kauswagan, LdN have started to clear the area and transport construction materials. Photo: A. Manisan  

After successfully stopping the quarry application and operation in Mialunod River, residents of Brgy. Libertad (formerly called Lapayan) in Kauswagan, Lanao del Norte firmed up their resolve in advancing the welfare of their community while protecting their environment.  

The community is one of the hosts of the 540 megawatt coal-fired-power plant which is being constructed in more than 100 hectares of land between Libertad and Tacub in Kauswagan. 

Since the construction started, several complains from the communities have been raised. Among these are displacement of the fisherfolks from their livelihood, relocation and compensation issues, and destruction of marine ecosystem. 

Concerns over the negative effects of the coal-fired power plant are also shared by the residents especially those who are living right beside the plant. 

On March 27, 2015 they formally formed an organization called Libertad Power Movement Association (LMPA).  This initiative aimed at strengthening their voice and efforts in pushing their collective demands to protect their community from disaster and ecological damage.

Anti-quarry wins

The community in Libertad is glad over the cessation of the quarry operation in Mialunod River. 

Mialunod River plays a vital role in the lives of the surrounding community. Some Lapayan residents wash their dishes and clothes in the river. Others also take a bath here. 

The Sanguniang Panlalawigan (SP) of Lanao del Norte, released a resolution dated March 02, 2015, to support the resolution of the Barangay Council of Libertad that prohibits quarry operation in Mialunod River. The SP said resolution also implored the Office of the Provincial Governor “to issue a cease and desist order to persons or entity who are quarrying at Mialunod River… without quarry permit issued by the Office of the Provincial Governor.”

While waiting for the “cease and desist order”, the provincial office of the Department of Environment and Natural Resources (DENR) conducted an investigation. According to one of the DENR personnel who refused to be identified, during their actual visit to the area, they had witnessed the actual quarry operation. As such, they requested to stop the operation while their investigation is going on. 

To remember, the community vehemently opposed the application and the quarry operation in Mialunod River as they were afraid of possible floods. Libertad was flooded twice (1999 and 2014) that caused lives and properties. 
   
Few months ago, the residents of the said barangay undertook series of activities from placards display along the highway, mobilization, prayer rally to petition signing which gathered more than 500 signatures. 

They demanded the authorities to prohibit quarry operation in Mialunod River instead set-up “FLOOD CONTROL” to protect the communities from flood. 

Envi talks begin in IC communities

During the discussion in FIL-LUX village, Coal Resistance team presents the rationale why
coal-fired power plant has to be stopped  

April 18-19, 2015- The Coal Resistance group conducted community discussions in three areas in Iligan City: Manuang, Tubod; Fil-Lux Village in Buruun; and, in Sto. Nino, Medical, Palao. The discussion 'Hisgutanang Kinaiyahan' aimed to provide necessary information regarding the issue of coal and its effects to environment.

The people's reaction during the discussion bordered from skepticism to astonishment at how the coal-fired power plant might affect their health and the environment. The people were also generally mortified at how the local government has let this happen given the possible consequences. 

After the discussions, aside from pledging their support to the anti-coal petition, they also committed to actively join in the coal resistance's further activities. 

Sto, Nino Medical Home Dwellers Association members signed the petition against the construction of coal-fired power plant in Iligan City. 

Additional community discussions will also be conducted in Iligan City. The target communities are as follows:
- Caritas Village, Upper Tominobo
- Manuang, Ubaldo de Laya
- Cabaro, Upper Hinaplanon
- Habitat, Sta. Elena

Facts about People Resistance against Quarry Application in Libertad, Kauswagan, LdN

Residents of Brgy. Libertad in Kauswagan, LDN mount placards outside
their houses and along the highway showing their resistance to quarry
application and demanding the re-installation of their suspended barangay captain
Photo Courtesy: Jpoy Cloa Roble 

Barangay Libertad in the Municipality of Kauswagan, Lanao del Norte was badly hit twice (in 1999 and 2014) by flood that caused properties, livelihood and lives of the residence.  This experience prompted the people of the barangay to oppose the quarry application in Mialunod River which is a tributary river of Napo River.

In September 2014, Mr. Edgar Tiongco, represented by Mr. Hipolito Arcaso, applied for a quarry permit of 45,000 meters long in the Barangay. During the public consultation to discuss the said application, held on October 3, 2014 with the participation of the Municipal Mayor, Vice-Mayor, Councilors and Municipal Planning and Development Officer, the quarry application was opposed by the community.

In the 19^th Regular Session of the barangay council dated October 15, 2014, the barangay council voted whether to give Mr. Edgar Tiongco permit or not in his application to quarry. Despite the opposition from the community, three (3) councilors voted no while four (4) voted yes. However, considering the clamor of his people to stop the quarry application, Barangay Captain Mervin V. Roble did not sign the barangay resolution permitting the quarry to operate.

With his refusal to sign the resolution, the Barangay Captain was sued with administrative case in the office of Sangguniang Bayan by Mr. Tiongco. As a result, the Sangguniang Bayan of Kauswagan enacted a resolution for his preventive suspension as Barangay Captain while the investigation of the case filed against him is on the process. The preventive suspension order was served on March 10, 2015. With his suspension, the 1^st Brgy. Councilor who is among those who voted yes to grant the quarry permit will act as the OIC.   

Prior to the preventive suspension of the Barangay Captain, on February 7, 2015 the community initiated a petition signing. The petition, which already gathered 589 signatures representing seven (7) puroks, was turned into a unified Purok Resolution reiterating their demand: NO TO QUARRY IN MIALUNOD RIVER, YES TO FLOOD CONTROL.  During the Special Session of the Barangay Council on February 26, 2015, a barangay resolution approving the said Purok resolution was passed and approved by 4 barangay councils.   

Since March 2, 2015 the community has been organizing placard raising, mobilization along the highway, prayer rally in the Barangay Auditorium and sending of complaint letter to the Office of the Governor to demand: NO QUARRY, YES TO FLOOD CONTROL and LIFT THE PREVENTIVE SUSPENSION OF THEIR BARANGAY CAPTAIN.

It is believed that the quarrying is in preparation for the construction of the Coal-fired power plant in Kauswagan. The coal-fired power plant is a project supported and endorsed by the MLGU of Kauswagan through the Municipal Mayor Rommel Arnado.