Indigenous peoples (IPs) in Kabayan, Benguet, are raising alarms about the progress of three hydropower projects in their area, claiming that the projects have moved forward without adhering to the required free, prior, and informed consent (FPIC) process. In a letter addressed to Benguet Governor Melchor Diclas, the IPs have expressed concerns over the development of the Eddet 1, Eddet 2, and Kabayan 4 hydroelectric power plant (HEPP) projects.
The projects, overseen by Tagel Corporation, were listed in the Department of Energy (DOE)’s January 2024 list of HEPP project applications. The hydro plants are planned for various locations along the Eddet River in Kabayan. According to the letter, the projects are moving forward despite incomplete FPIC consultations, which are required under the Indigenous Peoples’ Rights Act (IPRA).
The IPs allege that Tagel Corporation and the National Commission on Indigenous Peoples (NCIP) combined the three separate hydropower projects into a single FPIC consultation process. This consolidation, the IPs argue, allowed the projects to proceed after just one consultation, even though each project requires its own separate FPIC process.
The letter also raises concerns about the NCIP’s issuance of a Certification Precondition (CP), which was granted to the three projects as if they were one. The IPs argue that this bypassed two-thirds of the necessary consultations and approvals.
Compounding their worries is the Energy Virtual One-Stop Shop (EVOSS) System law, which gives IP communities 105 calendar days to decide on granting the CP. If the IPs fail to reach a decision within that period, the project is allowed to proceed as if consent were granted. According to the IP groups, their inability to reach a consensus should have been grounds for rejection by the NCIP, but the process was allegedly influenced by government officials.
The letter also accuses Kabayan’s sitting mayor of using executive orders to form technical working groups aimed at pressuring the locals into providing consent for the projects.
Tagel Corporation is owned by the Felipe family, with Benguet Vice Governor Ericson Felipe currently serving as its CEO. The community’s protest has called attention to the company’s involvement and the perceived fast-tracking of these projects, which the IPs feel undermines their rights.