Monday, September 2, 2013
Kalinga inter-agency body adopts ‘Call of a Thousand Gongs’ for Ullalim 2014
Friday, January 11, 2013
Kalinga prepares for its anniversary
It is expected that the various committees created under this Order will begin a loop of meetings and planning workshops in order to come up immediately a proposed line-up of activities and the corresponding budget. As stated indisputably in the Order, “Kalinga Shines”, which is the mantra of the present dispensation, will be the theme of the celebration”, and all activities should give meaning to it.Saturday, December 15, 2012
Longing for Peace: A message of the KARSA during the peace week celebration
LONGING FOR PEACE
There is no mistake that living out the spirit and imperatives of Christmas is the bedrock of a meaningful and genuine peace, not only among Kalingas but among all people. This is posited within the view that one of the reasons why there is no peace in the world is because we people fail to really understand what peace is all about and its requirements. We fail to discern the truth that peace is of God, and therefore we should seek it from God's own standpoint. Any attempt to seek peace from our own personal standpoint and interpretation can in fact reap more negative dividends than positive ones. In a nutshell, this is what that famous Christmas message tells us, GLORY TO GOD IN THE HIGHEST AND PEACE GOODWILL TO MEN. Meaning, we can only know and understand the meaning of peace when we are at peace with God. For peace is not only about serenity, calmness or the absence of conflict among people, clan, tribe and even nations. It is SHALLOM. And SHALLOM is that Hebrew term for peace that is characterized by a state of wholeness or well being which is the fruit of proper relationship with God, with self and other human beings. Peace therefore begins with a proper relationship with God, that teaches us to have inner peace with ourselves which shall also be the measure of our peace with others and even our environment. Never can we talk about peace on earth goodwill to men, unless we talk about our peace with our God and ourselves. The end result of this SHALLOM in our individual and social life is prosperity, contentment and security. And in the words of Isaiah such a condition is founded on truth and justice, "everywhere in the land, righteousness and justice will be done. Because everyone will do what is right, there will be peace and security forever." (Isa. 32:16-17)
It is God's sovereign will that human beings shall live in harmony with each other in peaceful habitations. Therefore, while it is true that conflict is natural among human beings, being part of their fallen nature, violence and war as means of settling conflicts are scandals to the sovereign will of the God of Peace. Thus, one of the concrete requirements of peace is the absence of violence and war as means of settling conflicts. And so speaking within the backdrop of the realities of violence and war in the world, the Prophets Isaiah and Micah were as fierce in declaring that in the fullness of time a PRINCE OF PEACE will come and, "he will teach us what he wants us to do...he will settle disputes among great nations. They will hammer their swords into plows and their spears to pruning knives. And nations will learn war no more." (Isa. 2 & Micah 4)
There is no question, that indeed, God abhors violence. However, violence is real in our world today because it is the end result of human corruption. Nonetheless, it shall be stressed that the human hunger and thirst for peace is unquenchable because by nature we are created by a God of Peace that we should be in harmony and at peace with each other. Hence, since time immemorial human beings had been in constant search for peace and had in fact built institutions of peace such as peace covenants, alliances and treaties with hopes that such institutions would bring about meaningful peace. To Kalingas, our cultural tradition of BODONG as an institution of peace is a living testament to the natural human quest for meaningful peace and our abhorrence of violence.
How can we image an ideal society that bears and enjoys SHALLOM? Isaiah pictures to us an ideal society that enjoys SHALLOM, saying, "He will rule his people with justice and integrity. Wolves and sheep will live together in peace and Leopards will lie down with young goats. Calves and lions will feed together, and little children will take care of them, cows and bears will eat together, and their calves and cubs will lie down in peace. Lions will eat straw as cattle do. Even a baby will not be harmed if it plays near a poisonous snake. On Zion, God's holy hill there will be nothing harmful or evil. The land will be full of the knowledge of the Lord as the seas are full of waters." (Isa. 11:5-9)
We shall note that in this ideal society that justice and peace are inseparable. Peace is always the result of justice, hence, the saying, "there is no peace without justice." In concrete terms, a peaceful society is anchored on a relationship of CO-EXISTENCE: Where no one prejudiced, underprivileged, exploited and oppressed on account of their powerless, race, color, creed and status in life because justice is made supreme. Is it possible for the rich and influential to co-exist with the poor and powerless as Lions and calves do, or wolves and sheep do?
Indeed, this image of an ideal society of SHALLOM shakes the very foundation of a society that is exclusive, unjust, prejudicial and violent. Coincidentally, it is from this perspective of CO-EXISTENCE based on justice that the United Nations defines peace as, "a state of harmony and communion where people eat, speak, play, dance, live and work together. If this natural state is disturbed, be it by arguments, outside influence and/or manipulations, greed or fear -violence and wars can be the results."
And so, what is our longing for peace in Kalinga? What kind of a society that we should build for ourselves and our children? None can be more valuable in the heart of every Kalinga than to see a Kalinga that is freed from any form of violence. How nice and wonderful really it is that we can see our children play with each other as brothers and sisters in spite of our vast differences in culture, tradition, political convictions and even creed. How nice it would be if we could sleep soundly at night, walk the streets unafraid, trustful that our lands are safe from squatters. How really nice would it be if there are no hired killers and masterminds of killings, and that tribal wars are now things of the past. How nice really could it be, if there are no people amongst us who think that they are above the law or are the law themselves. And yes, how nice would it be if justice is made to blossom and "flow like a stream, and righteousness like a living river." (Amos 5:24).
Saturday, March 17, 2012
Kalinga ‘kalan’ makers go on mass production
Migratory birds in Talaca, TabukCity
Credit: ZigZag Weekly
Autonomy consultations to go on
Tribe formalizes support for hydro project
Friday, March 2, 2012
Ilang tao, arestado sa anti-illegal drug raid sa Kalinga
The boy, who appeared bewildered, confused, shocked and did not know what to do, was crying profusely while trying to look for safety.
That incident caused a ruckus in the school campus; all students went out and just watched helplessly - because of fear. They all appeared shocked and motionless. Maybe Mr. Gunnawa got his senses and hurriedly went away together with his paramour and bodyguards.
According to reports, that was the second time Mr. Gunnawa did the same unthinkable, shameful, scandalous thing.
Government authorities must do something. Likewise, the school authorities must do something.
Can you imagine the trauma caused by that incident?
Friday, November 18, 2011
On NPA Ambushes in Kalinga
Peace be with you. For God's sake let us move on and work for the development of our country!Red Salute to the Marcial Daggay CommandAgainst the Fascist OPlan Bayanihan Forces!Ka Tipon Gil-ayab, LCC SpokespersonNovember 13, 2011At 5:10 in the morning of October 19, 2001, an NPA unit from the Marcial Daggay Command (MDC) ambushed the operating platoon of the 21st IB between Sitio Sassalong and Sitio Kobiil, all in Barangay Poswoy, Balbalan, Kalinga. Instantly, a certain Corporal Bagasin, the guide of the fascist troops, was killed. Some others of the reactionary forces were wounded either by bullets from the people’s army or by stones and thorns as they fell down the cliff and below the brook. After the firefight, the people’s guerrillas disappeared safely and unharmed.Another NPA unit from the same MDC ambushed another combat platoon of the 21st IB at 9:25 yesterday morning. The successful ambush was staged in a mountain slope in between the two barangays of Daoangan, Balbalan and of Baay, Pinukpuk, all in Kalinga. Two (2) high-powered rifles – M16 and M203 – were seized by the Red fighters from the 21st IB. There were two KIA and several others were wounded from the people’s enemy. Again, there was no casualty on the side of the people’s army.The MDC is the Front Operational Command (FOC) of the NPA in the North-West Kalinga Front. For these two victorious TOs, the LCC, the overall operational command of the whole NPA in Kalinga, gives the highest military commendations to the entire MDC!It behooves that the fascist AFP formations are the legitimate targets of the NPA military attacks as these OPlan Bayanihan troops are actually the security forces of large-scale mining (LSM) firms, which are allowed nationwide by the US-Aquino Regime (USAR) under its economic program of Public-Private Partnership that is directed by the US imperialist policy of liberalization and privatization for the sole interests of foreign capitalists and of the big landlord-comprador businessmen in the Philippines. Here in Kalinga alone, 8 LSM firms – Facets Minerals, Inc.; Cordillera Exploration Co., Inc.; Asia Pacific Basin Mining Corp.; Vegas Exploration & Mining Corp.; Malibato Mining Co., Inc.; Makilala Mining Company; Phil Mining Development Co.; Wolfland Resources, Inc. – have already applied for Exploration Permits (EPs) which cover a total of 110,820 hectares of the ancestral lands in the municipalities of Balbalan, Pasil, Lubuagan, Tinglayan and Tabuk. Two of these – Wolfland Resources, Inc. and Makilala Mining Company (MMC) – have already been approved. The MMC has already begun its exploration in Pasil since 2007. Also three LSM firms – Patrick Resources Corp. (Lepanto), Mt. Franz Mining Corp. (also Lepanto) and Newcrest Exploration Phil., Inc. – have already applied for Financial or Technical Assistance Agreements (FTAAs) that will cover more than 140,506 hectares of ancestral lands in the municipalities of Balbalan, Pasil, Lubuagan, Tinglayan, Tanudan, Tabuk and Pinukpuk and in other municipalities of Mt. Province, Abra and Apayao.Also under the Public-Private Partnership of the reactionary USAR and the US imperialist policy of liberalization and privatization, a geothermal power plant is to be constructed by the Chevron Corp., the Guidance Management Corp. and the Aragorn Power and Energy Corp. This project will affect many of the barangays of the towns of Pasil, Tinglayan and Lubuagan. It would involve 17,580 hectares in the ancestral domains of the tribes of Balatoc, Dalupa-Ableg, Dangtalan, Guina-ang and Culayo in Pasil; Uma tribe in Lubuagan; and the tribes of Sumadel, Bangad, Tulgao, Dananao and Tongrayan in Tinglayan. Under dubious and manipulated processes, the NCIP has claimed that majority of these tribes to be affected have already and fully given their Free, Prior and Informed Consent (FPIC). Of course, the LSM firms that will operate in these areas will be the main beneficiaries of the hydro-power plant. These projects are the main reasons why the 5th ID stationed the 501st Bde, the 21st IB, the 53rd DRC, two companies of the 77th IB as well as the CAFGUs, the CPLA remnants and the PNP in Kalinga, as all of these reactionary troops would serve as security forces of LSM and hydro-power plant projects that will plunder wantonly the rich ancestral lands of the indigenous peoples. Thus, it is just to summon all other NPA units and Front operational commands here in Kalinga and in other provinces to launch more tactical offensives against these anti-people and fascist security forces of the multi-national and landlord-comprador companies.For the people’s war to advance in order to defeat US imperialism, feudalism and bureaucrat capitalism and establish a national-democratic coalition government, it is just and necessary to expose the OPlan Bayanihan and launch more tactical offensives against the OPlan Bayanihan operating forces. It is very clear to the Filipino people that the USAR’s Oplan Bayanihan, the new campaign plan in the counterrevolutionary war of the AFP, has the overall objective to safeguard the semi-colonial and semi-feudal system, maintain the rule of US imperialism and the local puppets of the big comprador bourgeoisie and landlord class, and smash or defeat the armed revolution and other forces fighting against their anti-national, anti-mass and anti-democratic rule.While the reactionary USAR makes use of “peace,” “development” and “human rights” as deceitful catch words and as empty slogans of the fascist AFP in its OPlan Bayanihan campaign plan, this has no fundamental or qualitative difference with the OBL I and II under the terrorist US-GMA Regime. OPlan Bayanihan and its deceptive schemes are based on the 2009 US Counter-Insurgency Guide. Its main focus is the implementation of the Triad Operations, i.e., the synchronization of combat, intelligence and civil military operations in order to crush threats for the security of the puppet state. Meaning, the CMOs as the non-combat aspect of the counterinsurgency primarily serves to strengthen the intelligence network of the fascist AFP and to escalate the combat operations of the people’s enemy. Thus, the main objective of the non-combat military operations is to deceive the people, demonize the revolutionary movement, widen the mobilization of the civilian agencies and organizations for the unjust and counterrevolutionary war of the reactionary and puppet state, and deodorize the rotten image of the fascist AFP.We, therefore, call on all tribes to send their best men and women to the NPA. Let us continue to expand and consolidate the guerrilla bases, implement the agrarian revolution, and launch more tactical offensives against the people’s enemy in order to contribute for the advancement of the people’s war into the strategic stalemate stage nationwide.
Friday, July 15, 2011
Kalinga provincial capitol ransacked
Where were the guards on duty?
Here are some of the pictures provided by someone who saw the scene.
Friday, June 10, 2011
Other side of the story
There are two sides of a story. The recent hullaballoo over what happened noontime of June 7, 2011 at the DzRK Radyo ng bayan, Bualnao, Tabuk City, Kalinga is a disturbing one. It even caught the attention of Malacañang. The mainstream media issued left and right statements condemning the incident, particularly the alleged inappropriate action of Gov. Jocel C. Baac. The mainstream media have already said a lot the past few days about the story side of Mr. Jerome Tabanganay. Still, the governor was not given enough space to explain his side. This is acknowledged even by Malacañang hence, it directed the DILG to conduct an impartial and objective investigation.
In the name of fairness, below is the full text of the statement of explanation of Gov. Baac regarding the incident, which was read just this morning over Radyo Natin – Tabuk by no less than the Provincial Administrator, Grace Kidang-Flores.
STATEMENT OF EXPLANATION
At this very moment I assumed that you have heard already about the incident at the DZRK Radyo ng Bayan during the Agenda Program yesterday afternoon. That there is no truth that I intentionally hit Mr. Jerome Tabanganay with a microphone and that he suffered cuts and bruises on his face as reported by him. What happened was that his lips may have been accidentally hit when I got from behind the microphone in front of him for the purpose of stopping him for I could no longer endure his personal attack upon my person and the Kapehan body of which I am the chairman. His uncorrected act of irresponsible broadcasting and unfair way in handling the Agenda Program of the DZRK Radyo ng Bayan, Tabuk is already damaging to the image of the province which the provincial government is trying to uplift through its various development programs. It should be noted that the Provincial Government volunteered to shoulder the cost of repair of the transmitter tower of the DZRK previously destroyed by typhoon in order that the radio station will assist the provincial government in promoting its various programs especially our tourism program.
This irresponsible and unfair way of Mr. Tabanganay in handling the Agenda program and in his indiscriminate act of airing unverified text messages which are damaging in nature was already brought out during the Kapehan sa Kapitolyo last May 2, 2011. The Kapehan members suggested to the Manager that the Anchorman of the agenda program should verify first the veracity of the text messages and to give opportunity to his subjects to explain or give their side to a certain matter or issue before he will air and give comment.
That there were also suggestions to the Manager of DZRK that the Agenda program be abolished but the manager responded that he cannot do it for reason that the Agenda program is patterned after the national program of the Radyo ng Bayan. A member of the Kapehan suggested to the manager to change the anchorman. The manager answered that he requested Mr. Tabanganay to give way to other staff to anchor the Agenda program but the latter insisted that he will continue to be the anchorman. Nevertheless, he informed that if the Kapehan has a problem or question with the agenda program, they can request anytime for a recorded copy of the airings of the agenda program.
That despite the suggestions and comments brought to the manager of the radio ng bayan by the Kapehan body, Mr. Tabanganay continued his irresponsible broadcasting and unfair way of handling the agenda program and the worst on May 24, 2011, Mr. Tabanganay was even convincing the New People's Army (NPA) to open their cellphones so that they could talk relative to the apprehension of jueteng cobradors and so that he can submit the names of these cobradors. His act in acknowledging on air the authority and ability of the NPA to implement government duties and responsibilities has no good effect but only to cause our people to lose faith to the government and it will mislead our people to think that the NPAs are better than the elements of the Government. These should never countenance or tolerate, otherwise the government will lose its standing over its people.
That on June 7, 2011, he was again airing false information that Manager Baluyan of DZRK was scolded and insulted during the June 6, 2011 Kapehan sa Kapitolyo making it appear that the Kapehan is not a credible body.
There was no truth that I or the Kapehan body scolded or insulted Manager Basilio Baluyan of DZRK Radyo ng Bayan during the Kapehan at the Capitol last June 6, 2011 as repeatedly being announced by Mr. Tabanganay in the Agenda Program of the Radyo ng Bayan. What really happened during the Kapehan meeting during the review of the minutes of the May 2, 2011 Kapehan, Mr. Baluyan requested me as chairman of the Kapehan body that his statement on the said minutes be changed because that was not his statement and I replied that the request cannot be granted because it was really his statement but Mr. Baluyan was allowed to explain and correct his statement during the issues arising from the minutes portion because that is the most appropriate part of the meeting that he can explain what he really mean to say during the May Kapehan.
Perhaps there was a time during the course of the said Kapehan meeting that I raised my voice but it was purely for the purpose of emphasizing something important or crucial and not for the purpose of maligning a persons or any other purpose. Those who are present during that Kapehan meeting can attest to what really had happened.
The continued act of Mr. Tabanganay in acknowledging and encouraging the participation of the NPA to implement government duties and responsibilities and airing false information that makes it appear that the Kapehan which is composed by all the department heads of both the Local and National line agencies in the Province of Kalinga is not a credible body is a serious matter which really affects the peace and order situation of the province of which I am responsible being the governor of the province.
All these prompted me to go to the DZRK radio station on June 7, 2011 purposely to talked to Mr. Tabanganay of his irresponsible and unfair attitude and at the same time to talk to him so that he will be more circumspect and balanced in his reporting considering that there was no effort from the DZRK management to check Mr. Tabanganay despite the many complaints brought to the manager.
I do not have any intention to hurt Mr. Tabanganay in any way. My purpose was to sit down with him to answer the issues or text messages being attributed to me but upon entering the booth he arrogantly said “APAY?” which prompted me to get the Mic so that our conversation will not be aired live. He insisted and grabbed the other Mic to continue airing but I got hold of the same and then my companions came to usher me outside the booth.
Mr. Tabanganay should have inquired before hand from Manager Baluyan himself or any members of the Kapehan relative to the truthfulness of the said information or report so that he could have avoided broadcasting false and damaging statements.
I know that my presence in the Radyo Ng Bayan might have caused inconvenience to the people who were there but my purpose in going there was for the good of the Province and our people.
Rest assured that I will stand firm in my advocacy for good governance, true and balanced reporting and fair in bringing information to the people.
Thank you.
Peace be with you! Let us move on...
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Happy birthday to Kenji and Nicolle. God bless!
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When is enough?
You can follow comments of this video here.
Wednesday, June 8, 2011
Kalinga governor attacks broadcaster - NUJP
An alert released by the NUJP qyuoted Regie Wacas, president of the Kalinga Media Club, as saying Jerome Tabanganay was five minutes from signing off his program “Agenda” over dzRK Radyo ng Bayan-Kalinga when Governor Jocel Baac allegedly barged into the announcer’s booth and hit the broadcaster in the lip with a microphone. Read more...
Tuesday, May 24, 2011
Fashioning the youth for peace-building

Tabuk City, Kalinga – Driven by the desire to educate the youth and eventually make them partners in peace advocacy, the Kailian Peace-building Institute (KPI) of the St Louis College of Bulanao conducted a three-day seminar on indigenous peace mechanism last May 4-6, 2011. The sessions were held in one of the spacious classrooms of SLCB.
The seminar zeroed-in the Bodong, which is a social institution and a system of governance between and among the Kalingas, established since time immemorial and has evolved through the years. Topics include the history and origin of the bodong; processes, rites and rituals in forging, restoring and as well as in sustaining the bodong; working principles on which the bodong is based; provisions of the Pagta (Law of the Bodong); factors that may have had influences in the bodong such as religion, education, commerce and technology, politics and governance, migration and marriage, peace and order, and the Indigenous Peoples Right Act (IPRA) - however these were presented in a succinct manner. How the bodong itself affected these phenomenon was briefly discussed as well.
This lecture-type seminar was attended initially by 34 youths coming from the different municipalities. An open-forum was allotted after presentation and discussion of each topic to give the participants an opportunity to ask questions and express their views and observations.
The group is composed of 18 males (52.9%) and 16 females (47%). Majority of the participants came from Tabuk, the capital town; although almost of them have Tinglayan origins (38.2%) followed by Balbalan (23.5%), Tanudan (14.7%), Pasil (5.8%), and 2.9% for each of the other municipalities.
Meanwhile, a quick survey was conducted to determine what they feel about regional autonomy for the Cordillera. It is believed that cultures in the Cordilleras will be further preserved and enhanced under the regional autonomy setup. There were three questions asked from the participants. They were asked whether or not they have heard before about Cordillera Regional Autonomy, and will they vote favorably or not if the third organic act will be presented to them for approval in a plebiscite. Lastly, they were asked to indicate their level of knowledge about Cordillera Regional Autonomy. In this instance however only 25 youths participated in the survey of which 44% (11) are males and 52% (13) are females. There was one who did not reveal his/her sex identity.
Of the 25 youths, 76% (19) said they have heard about the regional autonomy while 20% (5) did not. What is interesting to note is that these 20% are all females. For those who heard about it, according to them they got such information from the school, media, and “tsismis” or from acquaintances. Likewise, asked if they will vote favorably for the third organic act, 60% (15) said “Yes” while 4% (1) said “No”, and 36% (9) were undecided.
In terms of the level of knowledge, the respondents generally have a mean knowledge of 5.7 (based on a scale of 10) about the issue of the Cordillera regional autonomy. The 20% (5) youths who said earlier they have not heard about regional autonomy for the Cordillera are the same individuals who indicated they have zero knowledge about it, and these are all females.
Mercury problem in Kalinga
TABUK CITY, Kalinga – Two non-government organizations (NGOs) are embarking on a three-year project to wean away the small-scale miners in the towns of Balbalan and Pasil in this province and in Jose Panganiban in Camarines Sur from dependence on mercury.
The local NGO Ban Toxics (Bantox) and Dialogos of Denmark both of which are involved in environmental protection declared that there is an immediate need to stop the usage of mercury in mining areas in the two provinces to avert disaster.
Medical doctors Rasmus Rasmussen and Marie Brasholt of the Dialogos said that it is already an established fact that mercury is being leaked into the Saltan, Pasil and Chico rivers by the small-scale miners operating there.
They said that what needs to be done now is to immediately stop the use of mercury because persisting with the practice not only put to risk the health and lives of the miners but also those of people in the path of the three rivers.
Ramussen told local mediamen who attended the briefing on the project titled “Reducing mercury pollution in small-scale gold mining in the Philippines 2011-2014” here on May 20 said that aside from inhalation during the process of amalgamation, people could also absorb the poisonous element by eating contaminated food and from a contaminated mother to her fetus.
“The symptoms of mercury poisoning can be as subtle as a fever or body ache, and yet it’s long term negative impact is so pronounced such as lower IQ in children, nerve damage, reproductive disorders, etc. that proper diagnosis is critical,” Rasmussen said.
Leoncio Naoy, a small-scale miner and member of the board of the Bantox, said that they included Kalinga after they were alerted of the mercury pollution in the province by a news item in two regional newspapers last March.
Written by Peter Balocnit of the Philippine Information Agency, the news article detailed the results of the water testing conducted by the Environmental Management Bureau and the Mines and Geosciences Bureau of the Department of Environment and Natural Resources (DENR) in Chico, Pasil and Saltan rivers.
According to the story, water samples from the three rivers tested positive of mercury contents ranging from .00 contents ranging from .00287 to .1231 microgram per cubic meter which exceeds the allowable limit of .002.
Asked what the findings of the DENR mean, Rasmussen said that it points to the fact that the toxic element is being released to the environment of the province.
Rasmussen said that conducting an independent testing of the mercury pollution in the province is not a part of their project because the findings of the DENR already suffices and furthermore, mercury testing and measurement is costly and difficult.
“What we will test is if the intervention is working,” Rasmussen said.
The objective of the two NGOs is to stop the small scale miners in the province from using mercury in extracting gold within three years.
They said that they will do this by opening the minds of the miners of the harmful effects of mercury and teaching them mercury-less gold processing particularly the application of borax in place of mercury.
Naoy said that one planned activity is to bring the local small-scale miners to Fidelisan, Sagada and other small scale mining areas in the region which have already discarded mercury from their gold mining technology.
Rasmussen, Brasholt and Naoy made it clear to local mediamen that the intent of the project is to eliminate mercury use and not to stop small-scale mining operations. **By Estanislao Albano, Jr., ZZW
Above Photo: STOP MERCURY POLLUTION-- Medical doctors Marie Brasholt and Rasmus Rasmussen brief local media practitioners on the project of the Danish non-government organization Dialogos and Ban Toxics, a local non-government organization, aimed at reducing mercury pollution in small-scale mining areas in the country. The small-scale mining areas in Pasil and Balbalan towns in this province are covered by the project. **Photo by Estanislao Albano, Jr.
Thursday, April 14, 2011
Supreme Court cityhood ruling on 16 towns welcomed
Reports showed that a majority of SC justices denied with finality the appeal of the LCP over the Feb. 15, 2011 decision of the SC declaring the cityhood laws of the 16 new cities as constitutional. Read more
Monday, March 14, 2011
Thursday, March 10, 2011
Skirmishing about cityhood laws
IN THE long drawn-out fight about the validity of the cityhood laws which granted cityhood status to 16 municipalities, there were two initial central issues: (1) whether the laws violated the constitutional provision on the requirements for the creation of cities, and (2) whether the laws violated the equal protection clause of the Constitution. The initial decision affirmed that, yes, both provisions of the Constitution were violated.
This was followed by a motion for reconsideration which was denied. A second motion for reconsideration was also denied on the basis of the Rule of Court which says: “No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.”
The beneficiaries of the cityhood laws, however, persisted in asking for another reconsideration until the Supreme Court eventually relented. Last Feb. 15 the Court finally decided that the cityhood laws were valid after all.
Whether or not the two cited provisions of the Constitution were violated is a question which will continue to be debated by lawyers. But an interesting question is whether another motion for reconsideration might be entertained.
The current attitude of the Court toward the rule against multiple reconsideration was expressed in the Feb. 15 decision thus: “Finally, we should not be restricted by technical rules of procedure at the expense of the transcendental interest of justice and equity. While it is true that litigation must end, even at the expense of errors in judgment, it is nobler rather for this Court of last resort, as vanguard of truth, to toil in order to dispel apprehensions and doubt . . .” A concurring opinion also said: “At any rate, the Court has under extraordinary circumstances reconsidered its ruling despite an entry of judgment. It will not allow the technical rules to hinder it from rendering just and equitable relief.”
We are all forewarned!
But what considerations of justice and equity did the Court say should not be obstructed by a mere Rule of Court? Some of it were folksy wisdom and others simple facts.
For instance, when the new law requiring a higher financial status before a municipality could become a city was deliberated on and passed, the municipalities involved already had a pending application under the old and less demanding requirement. In other words, the game had already started. The Court accepted the view that the rules should not be changed in mid-game or, if they are, the new rule should not be applied to a game already ongoing.
To the claim of petitioner cities that the cityhood laws would mean a reduction of their respective Internal Revenue Allotment (IRA) shares, the Court pointed out that what the cities were really saying was not that they would receive less than what they had been currently receiving but that they would not get more if the new cities were created. Wryly the Court observed: “it all boils down to money.”
It was noted in fact that “the feared reduction proved to be false when, after the implementation of the Cityhood Laws, their respective shares increased, not decreased,” as shown by IRA records!
The Court used a cruel analogy. The cities were like older children who would dispose of younger siblings who could reduce their share in the inheritance!
Incidentally, what is the rationale behind the new P100 million income requirement imposed by RA No. 9009 for a municipality to become a city? Senate deliberations clearly indicate that it was intended to put a stop to the mad rush to become cities. The rush, if not stopped, the deliberations said, would end in a nation without municipalities but only cities. I am not sure what difference that would make.
As a means for stopping the rush, RA 9009 was effective. But the amount prescribed seems arbitrary. As the Court said, it “cannot be conclusively said to be the only amount sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population. . . It was imposed merely because it is difficult to comply with. While it could be argued that P100 million, being more than the old P20 million requirement, could, of course, provide the essential government facilities, services, and special functions vis-à-vis the population of a municipality wanting to become a component city, it cannot be said that the minimum amount of P20 million would be insufficient. This is evident from the existing cities whose income, up to now, do not comply with the P100 million income requirement, some of which have lower than the P20 million average annual income.”
This last, of course, is no longer a matter of law but already a matter of practical wisdom which belongs to the domain of Congress. But, on the whole, out of the long disquisition of the Court, the complaining League of Cities do not emerge as wronged victims.
Thursday, February 24, 2011
Bright prospects for Kalinga geothermal project
TAUBK CITY, Kalinga, February 18 – Investors of a geothermal project covering three towns in upper Kalinga initially predicted bright prospects for the putting up of a renewable energy plant to help address the shortage of power in the Luzon grid as well as spur the development of rural areas.
Based on studies conducted by the Department of Energy (DOE) which is now being validated by the investors, the towns of Pasil, Tinglayan and some parts of Lubbuagan are capable of producing more or less 80 megawatts of geothermal power which could add up to the energy supply of the Luzon grid now slowly being overtaken by the rapidly growing demand.
Mitch Stark, project manager of the Kalinga geothermal project of Chevron Philippines, said validation work is now underway for the initial findings on the presence of sufficient supply of steam capable of producing geothermal power in the future. Read more, ZZW







