Upon the advice of his lawyer, Danao Mayor Louis Thomas Gonzaga did not attend the Sangguniang Panlalawigan (SP) session last Friday. Lawyer Dodelon Sabijon, Danao legal management consultant, wrote the SP through Vice Gov. Concepcion Lim conveying his regret for the inability of Gonzaga to honor the invitation in relation to the on-going investigation on the Cantakoy Hydropower Plant (CHP). Sabijon said the local government unit of Danao “is not the proponent of the project”. He said requests for documents relative to the compliance by the proponent with legal and statutory requirements can be secured from the appropriate regulatory government agency or office which is the Office of Energy Affairs (OEA).

The lawyer also stressed that questions and investigations on matters of the establishment of the hydropower plant should be conducted by the OEA. Sabijon quoted from Republic Act No 7156 section 5 which states that the OEA is “the sole and exclusive authority responsible for the regulation, promotion and administration of mini-hydroelectric power development and the implementation of the provisions” of the Act. Section 6 (4) of the same law provides that OEA has “exclusive authority to issue permits and licenses relative to the mini-hydroelectric power development”. Moreover, Sabijon said section 3 (3) of the same law explicitly vested in one agency the exclusive authority and responsibility for the development of the mini-hydroelectric power “to facilitate hydroelectric power development “by eliminating overlapping jurisdiction of the many government agencies whose permits, licenses, clearances and other similar authorizations issued by various government agencies”. Sabijon said that “without an iota of disrespect” to the SP, “it is our humble submission that based on the law governing hydroelectric power plants, it is the (OEA) that has exclusive jurisdiction and authority to determine whether or not an applicant has complied with all the requirements”.

He said RA 7165 “is very clear on this matter”.

Sabijon said that it is his “considered view” that appearing before the SP on questions that belong to the jurisdiction of the OEA would be tantamount to granting jurisdiction to the SP on a matter that is “beyond its jurisdiction”. He added that it is public knowledge that recent pronouncements emanating from the SP have left no doubt that some of its members have already “prejudged” the CHP. “Let it be stressed that while the (SP) is still in its so-called investigations, some of its members have long lost their objectivity and have, in fact, wittingly or unwittingly imputed wrongdoings and irregularities of the project to some personalities,” Sabijon added.

He also lamented that considering the seriousness of the allegations raised not only in the media and in the halls of the SP in the guise of privilege speeches, the fact that some of these members have gone to almost all barangays in Danao and publicly imputed illegal and anomalous acts to the mayor, the lawyer said he advised Gonzaga not to attend the session. “If indeed, some members of the (SP) have sufficient proofs to take legal action, they can always do so in the proper court,” he added. Sabijon, however, said it goes against the rights of Gonzaga to participate in a process of the SP when some members have “virtually pronounced him guilty even while it is still on its fishing expedition”.