http://www.mb.com.ph/PROV2006070368337.html

LA TRINIDAD, Benguet – The office of the National Commission on Indigenous Peoples (NCIP) in the Cordillera is conducting an investigation of a telecommunications company for allegedly disregarding laws as regards their construction of their communication tower in an ancestral area in the region.

This developed after officials of the NCIP here gave credence to the complaint by a member of a cultural community against Smart Telecommunications.

Dr. Rebecca Bernardino, vice-president of the Abra Guinpong Tinguian Association, petitioned the NCIP to inquire into the construction of a Smart cellsite tower near a residential area in South Poblacion, San Juan, Abra, alleging that the company has not secured an Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources (DENR).

The complainant added that the firm failed to obtain the required hazard certificate from the Department of Health (DoH) and the necessary permit from the NCIP.

She added that the site is within an ancestral domain.

Further, the required distance from their houses to the cellsite was not observed and neither were there consultations under the provisions of the Indigenous Peoples Rights Act (IPRA).
Bernardino emphasized that the construction will certainly cause great danger to the health and safety of the people in their area and should be stopped, claiming that it is illegal.

She asked for the possible issuance of a cease and desist order against the tower’s construction and compel the company to comply with all the necessary requirements.

The complainant is also an officer of the San Jaun Tinguian Cultural Association.

Bernardino asserted that the company must consult with the affected people before pursuing the construction in an area agreed upon during the consultations.

The IPRA provides that indigenous peoples should first be consulted before any development project is introduced in their ancestral domain claims. Their endorsement is also required before a project is pursued.

The NCIP is set to come up with a decision after a series of validations on the complaint of the concerned ancestral claimants in Abra. (Dexter A. See)