Tabuk City, Kalinga – Daniel Peckley Jr. (DPJ), the General Manager of Bulanao Hydroelectric Power Plant (BHEPP), underscored his right to due process in response to the recommendation of the Sangguniang Panlungsod of Tabuk City to suspend the business permit of the hydro facility due to complaints of some groups of farmers on issues of water supply.
The recommendation to suspend BHEPP’s business permit was decided on July 05, 2021, when the City Council convened, presided by Ex-Officio SP Member Martines Vicente as the temporary presiding officer.
The suspension through Resolution No. 150 Series of 2021 did not provide a timeline but stated that it shall be “until such time that the issues of the farmer-beneficiaries… including a payment of rental shall have been addressed and complied with.”
Due process not applied, according to DPJ
DPJ, in his acknowledgment receipt of the SP resolution recommending the suspension of the Business Permit to operate the Bulanao Hydroelectric Power Plant (BHEPP), said that he was not able to air his side regarding the complaints against BHEPP before the august body made the decision to recommend the suspension of the business permit.
“The SP resolution is a gross violation of the undersigned’s constitutional rights to due process…,” stated DPJ.
In an interview, DPJ narrated that the City Council invited him to their regular session to discuss the complaints through a letter dated July 27, 2021, which they received on July 28, 2021. The date of the meeting was July 29, 2021.
Thus, on July 28, DPJ asked that he be given authenticated copies of the complaint of the farmer-beneficiaries and 14 days upon receipt of the complaints to respond. In connection to this, he requested that the July 29 meeting be rescheduled in order for them to study the complaint and respond with the appropriate action.
Copies of authenticated complaint sent in August
The authenticated copies of the complaints were received by DPJ on 10 August 2021. The recommendation of the City Council, meantime, was submitted to the Mayor’s office on August 12, 2021.
“…apparently the constitutional precept of due process and equal protection under the law no longer applies in the City of Tabuk,” DPJ added.
DPJ said they are now reviewing the contents of the complaints and that on 24 August 2021, they shall forward their answer to all the concerns and issues raised in the complaints to the City Council.
NIA-CAR Management recommended continued operation of BHEPP
In the same letter to the City Council, DPJ said he would share the minutes of the 11 August 2021 meeting hosted by NIA CAR, NIA Kalinga IMO, representatives of the Irrigators Associations (IAs), farmer-beneficiaries of NIA UCRIS, Tabuk CLGU represented by Mr. Henry Gupa-al of the City Mayor’s Office, and himself.
DPJ underscored that in the Minutes of Meeting “all the issues and concerns raised by the farmer-beneficiaries of the NIA UCRIS were already addressed by NIA and DPJ Engineers & Consultants and that the NIA CAR Management recommended the continued operation of BHEPP.”
DPJ ended his letter requesting that the SP resolution to suspend the Business Permit of BHEPP be reconsidered and withdrawn.
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