ALTHOUGH no groups or local government unit is benefiting from the non-operation of Asin mini hydro plants in Tuba, Benguet, the Baguio City government stressed it has vested rights over the hydro plants.
Baguio has been benefitting from the Asin plants operation in the past decades but is now in a row with the indigenous peoples of Tuba where the facilities were built during the American colonization.
The dams used to be operated by private firms and were turn-over to the city government in 2007 but failed to operate since then due to lack of technical expertise.
But Baguio City Mayor Mauricio Domogan on Wednesday insisted the city has vested rights over the Asin plants based on historical and operational documents way before the passage of the IPRA that also recognizes existing property rights over ancestral domains.
Domogan cited that Section 56 of the IPRA provides that “Existing Property Rights Regimes. Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be recognized and respected.”
“We have to continue explaining to the land owners that the city government is ready to pay the rentals of the land that have been traversed by the lines of the hydro power plants. We have the money available in the city coffers but what has not yet been resolved is the clearance from the Commission on Audit (COA) and the waiver of the criminal case which will be given by the city council,” Domogan stressed.
Geographically, the Asin plants were built within the territorial jurisdiction of Nangalisan and Tadiangan villages of Tuba covered with ancestral land claims.
The mayor also expressed disappointment that Benguet provincial officials and Tuba municipal officials are allegedly being misinformed by various interest groups and individuals, thus, the need for him and concerned Benguet officials to continue discussing the matter with each other for the attainment of a "win-win solution" to the said issue.
Domogan said the city government supports the construction of more hydro power plants along the Asin River provided that their operation in the future will not significantly affect the operation of the city-owned Asin power plants.
After several failed biding, the city government finally awarded the long delayed privatization, development and operation of the Asin hydro in 2014 to Kaltimex Energy Philippines based in Metro Manila.
But at the same time, the municipality of Tuba awarded the development of another dam near the Asin plants to its private partner Goldlink Global Energy Philippines.
A joint meeting with the affected landowners and LGU officials of Tuba and Baguio was held recently in an aim to settle the disputes but failed to come up with an acceptable solution for all parties.
The landowners are claiming the payment of P2,733,897.75 as land rental of the city computed from 2007 to October 2012 when the city operations ceased.
Domogan said the city is willing to pay said amount but is cautious that the Commission on Audit (COA) will issue illegal disbursement of funds which was the reason for the delay of the payment in the past years.
“We will continue to dialogue with Tuba and the landowners,” Domogan said. (With a report from Dexter See/PIO)