BRIEF HISTORY THE GOVERNMENT THROUGH DIFFERENT AGENCIES NIA

BRIEF HISTORY • THE GOVERNMENT THROUGH DIFFERENT AGENCIES (NIA IN PARTICULAR) TRIED TO WOO THE BUGKALOT TRIBE TO WIN THE SUPPORT FOR THE PROJECT. • CMIPP WAS ENDORSED BY THE BUGKALOT TRIBE IN 1995.

• CADC WAS ISSUED BY FVR ON THE 2 ND QUARTER OF 1995 DURING THE GROUND BREAKING OF CASECNAN PROJECT @ MASIWAY, PANTANBANGAN, NUEVA ECIJA. • THE BUGKALOT IN EXCHANGE TO THE ENDORSEMENT ASKED 20 DEMANDS ON MARCH 31, 1995 WITH THE HAND SIGNATURE OF FVR TO SIGNIFY HIS ENDORSEMENT.

The 20 Demands 1. Creation of an Ilongot (Bugkalot) municipality. 2. Declaration, identification and delineation of municipal boundaries. 3. Ancestral domains in the provinces of Aurora, Nueva Vizcaya, Quirino. 4. Percentage share for the Ilongot tribe of the project's proceeds.

5. Employment. 6. Construction of access and alternate routes in all settlements directly or indirectly affected by the project. 7. Construction of free housing units 8. Construction of health centers and provision of personnel 9. Scholarships 10. Construction of irrigation 11. Resettlement should there be any submersion

12. Food subsidy and free lighting while resettlement is in process. 13. Construction of school buildings, Barangay halls and churches. 14. Percentage share for any mining operation. 15. Construction of water pumps/spring development. 16. Provision of farm implements and working animals. 17. Cattle dispersal. 18. Construction and provision of sports facilities. 19. Thirty units hand tractors. 20. Monthly salary of 9 confederation officials.

• IN ORDER TO ACCOMMODATE THE 20 DEMANDS PRESIDENT RAMOS ISSUED AO NO. 248 (CREATION OF CASECNAN TASK FORCE) TO OVERSEE THE IMPLEMENTATION OF THE SOCIAL MEASURE COMPONENT OF THE CASECNAN MULTI-PURPOSE IRRIGATION AND POWER PROJECT (CMPIPP).

The Casecnan Task Force Composition Chairman: RDC II Chairperson Members: 1. RDC II Co-Chairman 2. NEDA Regional Director 3. Representative from Catholic Clergy Region II 4. Over-all Chairman of the Confederation of Bugkalots from Nueva Vizcaya, Quirino and Aurora 5. ONCC Deputy Executive Director 6. NIA Regional Administrator 7. NPC Regional Director

8. DENR Regional Executive Director 9. DA Regional Director 10. DPWH Regional Director 11. DILG Regional Director 12. DOLE Regional Director 13. DOH Regional Director 14. DSWD Regional Director 15. DECS Regional Director 16. PNP Regional Director 17. DTI Regional Director 18. President-Bugkalot Association on Casecnan Concerns 19. California Energy Casecnan Water and Energy Company, Inc. (CECWECI)

Component of Social Measure Task Force 1. Package of Social Measures in Response to the Twenty Demands of the Bugkalot Tribe forwarded to the Office of the President in March 1995. 2. Implementation of Priority Infrastructure Projects of Region II; and 3. Development, Protection and Management of Priority Watershed Areas of Region II.

• FURTHERMORE, IN RECOGNITION OF THE SUPPORT TO NATIONAL DEVELOPMENT OF THE BUGKALOT, FVR HAS INSTRUCTED DIFFERENT DEPARTMENTS TO ACCOMMODATE PRIORITY SOCIAL AND DEVELOPMENT PROJECTS TO INCLUDE THE BUGKALOT COMMUNITIES. • ACCORDING TO THE AGREEMENT 25% LANG KUKUNING TUBIG NA IDIDIVERT SA PANTANBANGAN.

ASSESSMENT PERCENTAGE SHARE FOR THE ILONGOT TRIBE OF THE PROJECT’S PROCEED • This is one of the pre-conditions agreed in exchange of the Bugkalot’s consent. • Realization is not during the construction but right at the commencement of commercial operations which started in December 11, 2001.

• This is continuous obligation until the conclusion of the project (for CE) and until the entire cooperation period. • This obligation cannot be channeled to the NIA or any gov’t agencies since they are not yet gaining proceeds. It is only when the ownership of the project is transferred to them.

EMPLOYMENT • The employment we demanded was sustainable employment. • Employment provided with us was during the construction. Contractors were the one who provided contractual employment yet they were not the party on the agreement. • Can’t the Bugkalot Professionals do office work as being done by the low-lander employed by the Company?

SCHOLARSHIP • The Scholarship we demanded was supposedly full, sustainable, long term while Casecnan Project is operating. The agreement was; 1. Any course the student wishes (except medicine) and school of his preference. 2. Full tuition fee, allowance, and other miscellaneous 3. No average cut

• What happened was: 1. Destitute educational assistance of 5, 000 per sem was provided by Task Force for a very short period of time (not all students were given). 2. CE provided destitute educational allowance of 5, 000 per sem for a very short period of time (not all students were given). 3. CE established guidelines that only those with average of 80% can be given allowance.

4. To our astonishment CE changed the average cut to 90% without the acceptability and knowledge of the Bugkalot Leadership. 5. The most stunning was CE changed its “educational program” to 2 year-seamanship (only in Don Bosco Makati) with very high average cut. 6. The reality was CE did not really provide full scholarship but mere allowance.

7. Most of Bugkalot students in the impact area did not pass the screening. 8. As of the moment no Bugkalot student were qualified for the seamanship program of the company. Most of them are from Pantabangan, Nueva Ecija which are not member of the Bugkalot IP.

• A lot of our student cannot go to school now to continue their studies. • The kind of education prevailing in the impact area cannot compete with the very high standard set by CE. • Guidelines and requirements were all dictated and changed without the consent and approval of IP.

CONSTRUCTION OF SCHOOL BUILDINGS, BARANGAY HALLS AND CHURCHES • No school building has been built except two rooms for Casecnan Nat’l High School. • No Brgy. Hall was built (Those existing were built by the LGU)

CONSTRUCTION OF ACCESS AND ALTERNATE ROUTES IN ALL SETTLEMENTS DIRECTLY OR INDIRECTLY AFFECTED BY THE PROJECT • Constructed road was only that of from Caranglan to Pelaway (which is the main road for the project). • No road built for Pelaway-Cauayan; Pelaway. Maupat-Tayug-Guingin.

CONSTRUCTION OF FREE HOUSING UNITS • No free housing at all. CONSTRUCTION OF HEALTH CENTERS AND PROVISION OF PERSONNEL • No provision of health personnel. CONSTRUCTION AND PROVISION OF SPORTS FACILITIES • Sports activities like inter-places competition were the only thing done. No facilities built.

THINGS TO PONDER AND REALIZE

THE REALITY • In as much as obligations and contracts are concerned the 20 demands are the prime obligations of the Casecnan Social Measure Task Force, wherein CE is a member, to fulfill. Fulfillment of some are just partial thus, it is the CE’s continuing obligation to fulfill the remaining unfulfilled. Otherwise, violation of agreement. The Bugkalot tribe has fulfilled its obligation in supporting and endorsing the project.

• Percentage share and full scholarship were not fulfilled. • Even without the presence of IPRA law percentage share of the proceeds has been one of our pre-conditions listed number 4 in the 20 demands that warrants fulfillment, otherwise, the Bugkalot IP was duped.

• The taxes being paid to the LGU is the CE’s obligation due them. LGU was not part of the negotiating table when CE was were wooing the tribe’s consent. • Even in ordinary parlance any party that hasn’t satisfied with the outcome of the agreement due to failure of the other party has the right to demand its enforceable rights.

• We believe that CE is a reputable company that doesn’t run with its obligation as depicted by the numerous awards of excellence bestowed by different reputable award giving bodies. In particular is the CSR Excellence award given by the American Chamber of Commerce of the Philippines.

• We believe in the core business principle for CE’s Regulatory Integrity that they adhere to the policy of strict regulatory compliance and pursue frequent and open communications. With the message given by the Chairman, President & CEO Greg Abel, He says; “Integrity in performance – engaging in dialogue, doing what we say we will do and maintaining compliance – is at the core of our business philosophy. We are committed to achieving balanced outcomes for our stakeholders, and operating with integrity is critical to achieving this success. ”

• 100% of the water (Casecan & Taan) was diverted to Pantabangan contrary to the agreement of 25% only. • We believe that other members of the defunct casecnan task force has their obligation to fulfill too(NIA, DENR, DAR, etc…)

THE CASECNAN RESOURCES DEVELOPMENT COOPERATIVE (CRDC) CRDC was supposedly the trading arm for livelihood project to be run by the Bugkalot. What had transpired was; • The GM was Gilbert Cumila (a non-Bugkalot IP hired by CE) • Though cooperative in name this was under the absolute control of CE. • The Board (Bugkalot) has no power and control to run the business. • All profits derived were remitted to Lanie Bautista, accountant of California Energy.

• Virgilio Molina was hired as GM but still the company was running the coop. • There was no real livelihood project because the coop was fully controlled by the company. • After the construction, (Mr. Villaruz, Gilbert and Lanie were not connected with company anymore), the coop went back to nothing. Leaving the Bugkalot nothing to profit.

OUR DEMAND

1. GIVE OUR PERCENTAGE SHARE ON THE PROFIT STARTING FROM DECEMBER 11, 2001 UP TO THE PRESENT. 2. GIVE FULL SCHOLARSHIP TO OUR STUDENT THAT INCLUDES Full Tuition Fee + miscellaneous Allowance of 2, 000 – 5, 000 per month Provisions of Boarding House Any degree course the students may choose at his school of preference (private or public) • No average cut • •

3. UPGRADE, PUT FUNDS TO CRDC AND TURN OVER ITS FULL CONTROL TO THE BUGKALOT 4. FULFILL THE OTHER DEMANDS THAT HAS BEEN IGNORED.

BASIS OF OUR CLAIMS 1. The 20 Demands recognized by FVR 2. CADC (DAO-2 s-93) • IP’s s right to share and benefits from the proceeds of utilization, exploration and extraction.

3. IPRA LAW • Sec. 7. Rights to Ancestral Domains- par. B-Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to develop, control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they sustain as a result of the project; and the right to effective measures by the government to prevent any interfere with, alienation and encroachment upon these rights;

Failure on the part of CE, NIA and other agency to fulfill our demands, we shall have the option to;

1. Stop the operations of the project CHAPTER VIII of the IPRA LAW DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS • Sec. 59. Certification Precondition. - all department and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any productionsharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. Such certificate shall only be issued after a field-based investigation is conducted by the Ancestral Domain Office of the area concerned: Provided, That no certificate shall be issued by the NCIP without the free and prior informed and written consent of the ICCs/IPs concerned: Provided, further, That no department, government agency or government-owned or -controlled corporation may issue new concession, license, lease, or production sharing agreement while there is pending application CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process.

2. Bring the case to the Court CHAPTER IX of the IPRA LAW • Sec. 73 Person Subject to punishment. – If the offender is a judicial person, all officers such as but not limited to, its president, manager or head of office responsible for their unlawful act, shall be criminally liable therefore, in addition to the cancellation of Certificates of their registration and/or lease: provided, that if the offender is a public or official the penalty shall include perpetual disqualification to hold public office.

3. Bring the grievance to the Mother company 4. Bring the grievance to the government 5. Bring the grievance to the US Embassy 6. Bring the grievance to the media

Creation of 20 Demands March 31, 1995 REALIZATION OF THE 20 DEMANDS CE’S OPERATION 2 O YEARS COMMERCIAL OPERATION Construction Period Dec. 11, 2001 Commercial Operations started THE CASECNAN PROJECT THE REMAINING 10 YEARS OF OPERATIONS 1. 2. 3. 4. 5. 6. No percentage share from the profit. No Sustainable employment No Free housing units No provisions of health personnel No continuous scholarship No irrigation constructed (Except the irrigation in Central Luzon) 7. No school buildings, brgy halls, sports facilities built (Except those built by the LGU-A. Castaneda) 8. No sustainable community development. WHAT WILL HAPPEN NEXT WITH THE REMAINING 10 YEARS OF OPERATIONS? WE STILL HAVE TIME TO FULFILL THE AGREEMENT IN PARTICULAR 1. PERSENTAGE SHARE OF PROPFIT 2. FULL SCHOLARSHIP 3. SUSTAINABLE LIVELIHOOD