CONSTRUCTION work along a portion of the new Matanao-General Santos 138-kilovolt transmission line in Malungon, Sarangani was stalled because of an uncooperative landowner, the National Grid Corp. of the Philippines (NGCP) said yesterday.
Edmundo Cejar, the owner of the property in question, stopped NGCP from continuing the project in March 3, insisting that the property should be evaluated first for just compensation for the damages caused by the project, said Elizabeth Ladaga, NGCP, regional corporate communications and public affairs officer for northern Mindanao.
The Matanao-General Santos 138-kv transmission project spans 72.60 kilometer, 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.
Ladaga said this happened despite Cejar’s acceptance of NGCP’s partial payment of almost P500 thousand (in the form of a provisional deposit with the court), and the clear wording of the writ of possession issued by RTC of Sarangani Branch 23, which allows 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.
NGCP was already implementing the project, which would strengthen the reliability of the Mindanao grid, when Cejar ordered the stoppage of construction, with the aid of the chief of police of Malungon, said Ladaga.
“These developments are disheartening. 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,” reads part of a NGCP statement.
NGCP said 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.”
As transmission concessionaire, NGCP said it was granted the right of eminent domain under its congressional franchise “in recognition of the public service nature of the transmission business.”
NGCP pointed out that “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. Cejar, by his unlawful defiance, defeats this very purpose.”
NGCP saod the project construction would push through as scheduled because “crucial transmission projects of national relevance cannot be stymied by the acts of those who do not respect the rule of law.”
“If the landowner has concerns, he should go through the proper legal processes, and not bully his way into resisting lawful orders of the court. We just cannot tolerate lawlessness,” stated NGCP.
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