Listening to the Wind: The People’s Voice Heard on Calbayog Wind Farm Issue

The people have applauded the city council’s decision to modify its previous resolution endorsing the Gemini Wind Power Project in Calbayog.

A new resolution was recently released, favoring the strong opposition of the people to the construction of 13 wind turbines within the protected area of Calbayog Pan-as Hayiban. The resolution strongly demands the Protected Area Management Board (PAMB) to restore the original area of the strict protection zone prior to its delineation.

It also requires the DENR and ERC to order Gemini Wind Energy Corporation and its affiliates to permanently cease conducting any human activity, such as the construction of wind turbines within the protected landscape.

Will the resolution affect the Environmental Compliance Certificate (ECC) held by GWEC?

A property owner disclosed that he refused an offer of 12,000 pesos for a 30–year lease contract of his land to be used for the transmission line alignment of the Gemini Wind Power Project.

Another farmer disclosed that he was offered 25,000 pesos for a 30–year lease contract for the transmission lines of the wind farm project.

Based on the Gemini Wind Power Project Environmental Impact Statement, GWEC is securing possessory rights for the transmission lines utilizing alienable and disposable lands covering 125.258 hectares. To secure rights over these lots, the company is entering long-term agreements with the property owners.

The corporation is pushing hard for this project despite the modified resolution imposed by the city. It continues to implement several measures for the realization of the wind turbine generators in Calbayog.

While local government units have a significant mandate in development,  a revocation of endorsement due to an important consideration is said not to directly override or unilaterally control the Department of Environment and Natural Resources (DENR) decision regarding the issuance of an Environmental Compliance Certificate (ECC).

Local government units can legally challenge the DENR regarding the issuance of an Environmental Compliance Certificate (ECC) through court action.  If this happens, GWEC’s project implementation will be affected, potentially nullifying the ECC.

The strong and justified opposition of the people and the city government based on environmental concerns and the DENR’s railroading of processes are enough bases for the perpetual suspension of the project.

In that case, when will the local government begin taking action against the DENR’s decision? A resolution is typically a formal expression of opinion or a recommendation, generally not enough by itself to stop a project.  To cease GWEC’s operation in the protected area, a legally enforceable mechanism is required.