NGCP suffers another right-of-way setback

By Danessa Rivera (The Philippine Star) | Updated March 18, 2016 - 12:00am
http://www.philstar.com/business/2016/03/18/1563943/ngcp-suffers-another-right-way-setback

MANILA, Philippines - The National Grid Corp. of the Philippines (NGCP) hits another snag in its right-of-way (ROW) process in Mindanao after a landowner stalls the construction of a crucial transmission line to strengthen the regional grid.

NGCP said construction work along a portion of the new Matanao-General Santos 138-kilovolt transmission line in Malungon, Sarangani was stalled last March 3 as a certain Edmundo Cejar illegally stopped the grid operator from continuing the project.

The landowner insisted the property should be evaluated first for just compensation for the damage caused by the project.

He, however, has accepted NGCP’s partial payment of almost half a million pesos in the form of a provisional deposit with the Regional Trial Court (RTC) of Sarangani Branch 23, which also issued a writ of possession allowing NGCP “to enter and place in possession and acquire an easement of right-of-way” over the property of the Cejars to construct Matanao-General Santos 138-kV line.

“Mr. Cejar already accepted NGCP’s provisional deposit, which is considered partial payment for the property. By participating in the expropriation proceedings, and accepting partial payment, Mr. Cejar submitted himself to the jurisdiction of the court, and its processes. The court already issued the Writ of Possession, which authorizes us to continue with the transmission project, pending the determination of just compensation,” the grid operator said.

“Mr. Cejar is bound by the lawful issuance of the court. He cannot obey court procedures when accepting payment, and then unilaterally change his mind and defy the court whenever it suits him,” it added.

NGCP was already starting the project, when Cejar unlawfully ordered the stoppage of construction, with the aid of the chief of police of Malungon.

Under its concession agreement with government, NGCP was granted the right of eminent domain under congressional franchise since maintaining transmission lines is part of public service.

“This grants the holder the right to take property while just compensation is being discussed. This is to prevent undue delays in the implementation of national development projects. Mr. Cejar, by his unlawful defiance, defeats this very purpose,” NGCP said.

But despite the hurdle, NGCP said the project construction will still push through as scheduled.

The Matanao-General Santos 138-kv transmission project spans 72.60 kilometers and is being completed in compliance with the N-1 contingency requirement of the Philippine Grid Code.

N-1 contingency is the ability of the grid to withstand the loss of a major system component with minimal disruption in the system.

NGCP said the landowner should go through legal processes if he has concerns with the projects.

“Crucial transmission projects of national relevance cannot be stymied by the acts of those who do not respect the rule of law. A lawful Writ of Possession was issued, and it must be respected, regardless of who it is being implemented against,” it said.

Previously, the grid operator was barred by a landowner from repairing transmission Tower 25, which was bombed and toppled in Dec. 24 last year.

The tower was only repaired last March 14 after the Regional Trial Court of Lanao del Sur granted a temporary restraining order in favor of the NGCP.