Davao mayor blocks coal project

By Jereco O. Paloma
Wednesday, December 7, 2011


DAVAO CITY -- Mayor Sara Z. Duterte vetoed the reclassification of the parcel of land in a village here where AboitizPower Corporation’s 300-megawatt coal-fired plant is set to be established.


"My objection is based on the dangers of the coal energy technology, citing the general welfare clause and the constitution as basis," Duterte said.


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The vetoed ordinance reclassifying parcels of land in Barangay Binugao, Toril district, Davao City, for the proposed Therma South Energy Project is the first ordinance passed by the city’s legislative body that was rejected by the executive.


Duterte, on her veto message, based her rejection on Section 55 of Republic Act No. 7160, otherwise known as the Local Government Code of the Philippines, on the ground that the establishment of Aboitiz's proposed coal-fired plant is "prejudicial to public welfare."


"I am particularly alarmed by the recent studies, which I hereby share with you," she said in her veto message to the City Council.


Environmental groups hailed Duterte’s action but are not optimistic because the City Council can still override her veto.


The City Council can override the veto by an absolute two-thirds vote. There are 26 councilors, and those who will vote for an override must reach 18.


Duterte has since opposed the idea of establishing a coal-fired power plant in the city, citing its long-term negative and harmful effects to the environment.


But majority of the councilors believe the plant will bring economic benefits to the city and will suffice the current energy crisis in Mindanao. They also believe in its reliability in terms of environmental compliance.


While admitting that power shortage is a problem in the city, Duterte said there are still vast options that energy investors can resort to aside from coal-fired plant.


Since the City Council reclassified the land where the coal-fired power plant is to be built, environmental groups like No to Coal Davao have been clamoring for a veto.


Aboitiz first vice president for Mindanao affairs Manuel Orig said he will study the issue and will release an official statement after which.
Councilor Pilar Braga, chair of the City Council committee on energy, transportation and communication, said he will include in the council’s agenda for next week the vetoed ordinance.


Braga is one of the proponents of the proposed coal-fired plant.


Section 54 of the Republic Act No. 7160, otherwise known as the Local Government Code of the Philippines, states the local chief executive or the mayor can veto or reject an ordinance if she deems it necessary.


"If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian (council), which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief executive by two-thirds vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes." Section 54 of the RA 7160 read.


“We absolutely commend the mayor’s move. We consider this as the people’s victory, but we have to guard this uncomfortable victory. There might be ways to overturn this. When this happens, we will continue to rally behind the good mayor…,” said Dr. Jean Lindo, convenor of No to Coal Davao.


“Another battle has been won. We should strengthen ourselves to be able to win the war. May the mayor continue to consider the future generations in her future decisions,” Betty Cabazares of Kinaiyahan Foundation Inc. said. (With Carmelle Marie Harrow of Sun.Star Davao/Sunnex)


Published in the Sun.Star Davao newspaper on December 08, 2011.