“Even though I am already old, I still want to help our community in this struggle. I will contribute to the cause in my own ways, for the future generations,” said 84-year-old Rudy Taong, as he signed a joint counter-affidavit for a perjury case against key opposition figures, him included.
Thirteen members of the Isnag Indigenous Peoples in Kabugao, province of Apayao, face judicial harassment filed in a prosecutor’s office fifteen hours away from them in an attempt to discourage community members from opposing the planned construction of eight mega dams in Apayao Province, Philippines.
Mega Dam Construction Without Indigenous Consent
The project proponent, Pan Pacific Renewable Power Philippine Corporation (PPRPPC), applied to the Department of Energy (DoE) to develop eight hydropower dams in the province, harnessing an estimated capacity of 885 megawatts of energy from the Apayao River and its tributaries.
Apayao, located in the Cordillera region of Northern Luzon, is known as the region’s “last nature frontier,” home to diverse flora and fauna and globally recognized as a Key Biodiversity Area. It is a refuge for endangered species such as the Philippine Eagle.
In 2024, UNESCO declared Apayao as the Philippines’ 4th Biosphere Reserve — a recognition also attributed to the Isnag Indigenous knowledge systems and practices that have long sustained the area’s ecosystems.
Years of Struggle Against the Dam Projects
Elders like Rudy have been leading their community’s opposition to the dam projects since 2017. Alongside younger Isnags, they have steadfastly asserted their collective rights, seeking remedies and mechanisms to address the government’s lack of response to their call to stop the projects.
The Isnag community continuously denounces the railroading of the free, prior, and informed consent (FPIC) process. They maintain that no legitimate consent was ever given, despite the process resulting in a signed memorandum of agreement.
They allege collusion between the National Commission on Indigenous Peoples (NCIP), the project proponent, and local politicians.
The NCIP — the very agency mandated to protect Indigenous rights — repeatedly ignored their petitions and community resolutions.
Seeking Redress Beyond the NCIP
In addition to the NCIP, community members submitted documents and held dialogues with:
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the Commission on Human Rights,
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the Department of Environment and Natural Resources, and
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the Philippine Eagle Foundation (in 2022, due to concerns about impacts on eagle habitat).
Despite these efforts, no administrative remedies materialized. Years of unanswered petitions led the Isnags to seek support from lawyers in Baguio City.
Legal Support Amid Distance and Adversity
Despite the distance, lack of compensation, and complexity of the cases, the Cortes Law Office in Baguio City accepted the challenge. They now stand with the Isnag people against a powerful corporation, government agencies, and influential political figures.
Organizations such as IPRI and mechanisms like the Legal Defense and Sanctuary Fund (LDSF) have opened avenues for the Isnags to defend their territories through:
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administrative and legal remedies,
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capacity-building activities,
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case build-ups,
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and the filing of administrative cases against NCIP officials and local politicians.
Challenging NCIP’s Decision at the Court of Appeals
The legal team filed a Petition for Review at the Court of Appeals, contesting the NCIP’s approval of the dam projects despite widespread community opposition.
The Isnags know the judiciary can take years to resolve cases, but simply having these cases on record offers them hope.
Legal action is one of many tools they are mobilizing, as they enter their eighth year of defending their ancestral domain.
Eight years of struggle for their land, their resources, their culture, and their identity.
Courage of Elders Who Defend the Future
The battle has been sustained by elders like Rudy, who are willing to face trumped-up charges for the sake of Isnags yet unborn.
As the Court of Appeals noted:
“If petitioners’ Motion for Reconsideration would be dismissed merely on technical grounds, there would be no determination of whether there was indeed forgery, falsification, or other irregularities in securing FPIC and issuing the Certificate of Precondition — to the prejudice of the Indigenous Peoples of Kabugao, Apayao.”
