Pakil mayor: LGU lacks power to enforce NHCP order on hydro project

LUCENA CITY — The municipal mayor of Pakil, Laguna clarified that the local government unit (LGU) has no legal authority to implement the cease-and-desist order (CDO) issued by the National Historical Commission of the Philippines (NHCP) against the proponent of the controversial 1,400-megawatt Ahunan Pumped Storage Hydropower Project (APSHP).

“Although the local government unit received a copy of the letter (CDO) as copy furnished, it is important to clarify that this type of communication does not automatically grant the LGU the authority to implement, enforce, or carry out any order issued by a national agency,” Mayor Ronaldo James Hidalgo said in a public advisory in Filipino posted on Facebook on Saturday, June 13.

“The implementation and enforcement of national orders remain under the jurisdiction of the designated implementing agency or the issuing authority itself, which possesses a clear legal mandate and enforcement powers under existing laws,” Hidalgo added.

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The mayor explained that the LGU’s receipt of the CDO as a copy furnished should not be interpreted as a transfer of authority or an obligation to directly implement the order unless there is a clear and direct legal directive from a competent authority empowered to issue such an instruction.

On May 25, NHCP Chairperson Regalado Trota Jose Jr. wrote to Noel Gonzales, president of Ahunan Power Inc., informing the company that the agency had issued a cease-and-desist order directing the immediate suspension of all activities involving the APSHP.

Jose said the NHCP learned that the project “has proceeded with construction and related development activities despite our previous request for the submission of the proposed development plans and the corresponding Heritage Impact Assessment (HIA).”

He added that the reported activities are situated within an area of historical, cultural, and spiritual significance, including the vicinity of the San Pedro de Alcantara Parish Church — a historical structure marked by the NHCP and classified as a Grade II cultural property — as well as Turumba Spring.

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“Therefore, by virtue of Article VII, Section 25 of Republic Act No. 10066, the NHCP hereby issues a Cease-and-Desist Order directing the immediate suspension of all activities involving the APSHP,” Jose said in his letter to Gonzales.

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The NHCP also directed the project proponent to submit documentary requirements, adding that the CDO would remain in force until lifted by the NHCP Board of Commissioners.

On June 8, Hidalgo wrote Gonzales, directing the company “to immediately take all necessary measures to ensure that these sites are not affected, disturbed, altered, or damaged in any manner by ongoing or future construction works.”

“In compliance with the provisions of the law and the terms of this order, we hereby direct Ahunan Power Inc. to immediately take all necessary measures to ensure that these sites are not affected, disturbed, altered, or damaged,” Hidalgo said in the letter, a copy of which was also posted on Facebook.

“We trust that Ahunan Power Inc. recognizes the importance of balancing development with heritage preservation. We encourage your full participation, transparency, and cooperation in adhering to this directive and complying with all applicable laws and regulations governing heritage protection,” the mayor added.

The $5.03-billion Ahunan dam project aims to generate 1,400 megawatts of electricity for the Luzon grid.

However, the project has drawn criticism from various sectors over concerns that it could worsen flooding and intensify the impact of typhoons on surrounding communities.

Opposition groups — including church organizations, environmental advocates, people’s organizations, and devotees of the Mahal na Birhen ng Turumba, among others — have expressed alarm over the project’s potential environmental impact.

Water springs that support both daily life and religious practices, together with forests that protect the town from erosion and flooding, could be put at risk if large-scale development proceeds without adequate environmental safeguards.

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According to anti-dam advocates, the once-lush mountains of Pakil, including the sacred Mount Ping-As, are being denuded through extensive tree-cutting operations, with chainsaws reportedly heard throughout the day and felled trees scattered across the slopes. /das