Danao mayor: Hydro project beyond PB jurisdiction

CEBU, Philippines - The camp of Danao town Mayor Tom Gonzaga struck back at the opposition of the Cantakoy mini-hydro plant by saying that the Bohol Provincial Board has no jurisdiction over the project.

In a three-page response to the PB invitation to appear before an investigation of the project, lawyer Dodelon Sabijon, consultant of the Danao’s Legal Management, said the mayor’s appearance at the PB “on questions that belong to the jurisdiction of the Office of Energy Affairs (OEA) would be tantamount to granting jurisdiction to the PB on a matter that is beyond its jurisdiction.”

Sabijon cited section 5 of Republic Act No. 7156, which provides that the OEA “shall be the sole and exclusive authority responsible for the regulation, promotion and administration of mini-hydroelectric power development and the implementation of the provisions of this Act.”

The same law, under succeeding section (says that the OEA “has the exclusive authority to issue permits and licenses relative to the mini-hydroelectric power development,” Sabijon argued.

The same law, he said, provides for the OEA “to facilitate hydroelectric power development by eliminating overlapping jurisdiction of the many government agencies ..., and in vesting in one agency the exclusive authority and responsibility for the development of mini-hydroelectric power.”

Sabijon contended that Catakoy hydro project development “is regulated under the said law,” and he pointed out that the non-appearance of Mayor Gonzaga for the investigation is not disrespect of the PB because Danao town, where the project is located, is not the project proponent.

The PB has been investigating the P1.3 billion project for alleged proponents’ lapses ranging from failure to address environmental concerns to social acceptability and without public consultation.

The hydro power project has been proposed by Sta. Clara Power Corp along with Ayala Corp. but being implemented by Quadriver Energy Corp., to generate additional 8 mega-watts of hydro electricity through a dam at Cantakoy Falls in Wahig River of Barangay Cabatuan in Danao town.

The PB last Friday approved a resolution reiterating its request for DENR Secretary Paje to cancel the environmental clearance certificate issued on the project, based on the recommendation of the professors and experts of UP Diliman, Quezon City. (FREEMAN)