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Kaliwa Dam - 11341772

The document discusses the controversies surrounding the Kaliwa Dam Project in Quezon Province, Philippines, which aims to address water scarcity in Metro Manila but has faced significant opposition from indigenous and marginalized communities due to legal violations, environmental concerns, and potential debt implications. It emphasizes the need for multi-stakeholder cooperation and deliberative policy analysis to address these issues and protect the rights of affected communities. The paper advocates for postponing the project's construction while exploring alternative solutions to the water crisis without undermining indigenous rights.

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0% found this document useful (0 votes)
15 views28 pages

Kaliwa Dam - 11341772

The document discusses the controversies surrounding the Kaliwa Dam Project in Quezon Province, Philippines, which aims to address water scarcity in Metro Manila but has faced significant opposition from indigenous and marginalized communities due to legal violations, environmental concerns, and potential debt implications. It emphasizes the need for multi-stakeholder cooperation and deliberative policy analysis to address these issues and protect the rights of affected communities. The paper advocates for postponing the project's construction while exploring alternative solutions to the water crisis without undermining indigenous rights.

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piamaeolayvar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Graduate Review of Political Science and Public Administration Journal Vol. 2 No.

1 (2023): 25-52

The Case of the Kaliwa Dam Project


in Quezon Province, Philippines:
Curbing Contentions Through Active Deliberation
Among Indigenous and Marginalized Communities
Clyde Andaya Maningo1
Received: 7 November 2022; Revised: 28 February 2023; Accepted: 8 March 2023

Abstract
The consensus on what a city must be was embodied in The City We Need:
Principles for a New Urban Paradigm, which the World Urban Campaign partners
envisioned to strive for a more sustainable future. The first paradigm argues that
“the city we need is socially inclusive and engaging.” However, this was not
always the case, especially in constructing the Kaliwa Dam. Despite the objective
of providing a long-term solution for NCR’s water shortage, the construction of
Kaliwa Dam in Quezon Province, Philippines—through China’s Official
Development Assistance (ODA), allotted 18.7 billion pesos administered through
the China Energy Engineering Corporation (CEEC) — has been shrouded with
controversies. This includes violating legal processes, complete disregard for
biodiversity issues, the human consequences and neglect of indigent rights, the
technocratic criticisms of the geographic danger it poses, and the incurred debt
insinuated in related cases of China’s loan trap. Through document research and
secondary data analysis of persisting discourses on the subject, this paper tries to
expound these issues and correspond them with the necessity for multi-
stakeholder cooperation. It also aims to explore viable solutions to aid the water
scarcity problem while limiting the degradation effects incurred to the social
dynamics and environment. Further, the analysis abides by the ongoing opposition
and struggle of indigenous communities to halt the ongoing Kaliwa Dam
construction—clinging to the necessity to push for the theoretical framework of
deliberative policy analysis in solving the potent issues of indigenous
marginalization in policy formulation processes.
Keywords Kaliwa Dam, Biodiversity, Water Shortage, Indigenous Struggle,
Multistakeholder Cooperation

1
School of Public Policy, Chiang Mai University, Chiang Mai 50200. E-mail:
[email protected]
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

1. Introduction
There has always been resistance to building large dams in contention,
especially in the struggle of indigenous and marginalized communities, as
facilitated by inadequate coordination among the main stakeholders. They shall
be gravely affected by these huge-scale projects (Fisher, 2010). This has been the
worldwide struggle of global ethnic groups. As a response, these diverse groups
have sought international support, building alliances to acquire information, craft
relevant solutions, resources, and political leverage to aid their plight, allowing
them to raise, not just the conditions they demand—to remove what was imposed
as comprehensive technological innovation referred to as dams which are
infiltrating the indigenous people’s ancestral domains—but also global
acknowledgment for their rights as indigenous groups. Building these large dams
has always raised significant debates, for it touches the economy, society,
morality, and environmental security implied by these build-ups (Athayde, 2014,
p. 80). A few of the arguments revolve around using large dams as a critical
proponent for storing water, having a total grasp on the flow of rivers and
waterways, and producing sufficient electricity to aid the needed power in urban
communities. Much more controversial underpinnings involve the symbolism of
large dams for nationalistic pride, implying technological progress and the
capability to finally gain control of the maximum utilization of nature (Mayuga,
2020). Nevertheless, that was how large corporations who usually initiate the
construction of these large dams and their supporters who benefit primarily from
the project perceive it. It did not consider subtle implications like political
corruption and social inequity that undermine large dam construction. The way it
is seen in a positivistic light does not answer the echoes of philosophy, politics,
and the moral debates concerning technological innovation and development
implications (Maher, 2019, pp. 63-74). According to Fisher (2010), the focal basis
of any analysis is anchored in the fundamental contentions that deviate, especially
on world views that are reflective of the sets of assumptions about the “common
good,” “the good life,” and even the human relationships, especially with nature,
and that equates to rigorous analysis to any attempts to development—along with
its cost and the methods to be used. The perception of an individual enclosed in
an area debated is highly dependent on his environment, such that rivers may be
seen as a living deity as their environment provides the necessities for living.
According to the International Commission on Large Dams (ICOLD),
governmental projects have been spending 20 billion dollars annually to reshape
the globe’s rivers, allowing them to construct 40 0000 large dams. China has
always been the most prominent dam builder, which has made 19 000 dams since
1949 (Fisher, 2010). They have been in constant aid for countries who wish to
construct large-scale development, one of which is Laos. With the building of
large dams and hydropower in the Mekong river, their financial crisis has further

26
Clyde Andaya Maningo

loomed as their country’s debt has downgraded from “stable” to “negative” (Jiang,
2022). According to the report of Macan-Markar (2020), the negative economic
impact can be attributed to the coronavirus shock and the Ukraine crisis, which
doomed the financial market and caused risks associated with buffers of low
foreign exchange and external debt maturities. However, another deeper reason is
the plunging of Laos into debt due to the large-scale infrastructure projects, which
have undertaken about 813 projects, which totaled $16 billion. This has severe
implications as the Philippines has been navigating the same path with the
building of Kaliwa Dam, the New Centennial Water Source, and one of the most
anticipated projects under the Build, Build, Build (BBB) program initiated by
President Rodrigo Duterte (La Vina, 2019; Clemente, 2022). Other controversies
have also shrouded the project, including the endangerment of the environment
and indigenous communities and the political maneuverings that might have
ushered in the implementation of the project (Camba et al., 2021). These
motivations that do not originate from a deliberated standpoint are a bane for any
community that aspires to mutual agreements and legitimacy. Without the
deliberative process, it will result in outright marginalization, which takes the
forms of categorical exclusions: including racism, untouchability, rendering
invisibility to subalterns, delegitimizing claims, and creation of a general
environment that does not only silence and marginalize voices but systematically
disparages them (Heller & Rao, 2015). This has been evident in the cases of
indigenous communities all around the world who share the same plight when
there are dam development projects, such as Malaysia in the case of Sungai
Selangor, Babagon, Batang Ai, and Bakun dams (Aiken & Leigh, 2015), Odisha,
India in Upper Indravati Hydroelectric Project (Behera, 2013), the Sardar Sarovar
Dam Construction (Dwivedi, 2002), and many others. Hence, the largescale
impact of these projects is not an atypical concept in the academia of indigenous
plights and struggles.
This paper argues that the most viable option is to postpone its construction
and develop strategies to mend the water scarcity problem (Mallari & Reyes,
2022) while not undermining the rights of the involved stakeholder to participate
in large-scale developments such as the Kaliwa Dam Project. It also concurs with
the mechanisms implied by the deliberative policy framework, which discusses
the necessity for a public space that allows facile dialogues with no constricting
barriers and the ability to acquire a sense of decisiveness empowered by
corroborated ideas and consensus. Hence, the study is essential in delving into the
conflicting and prevailing notions of dam construction, including the ethical
considerations when building dams with their deadly impact on the landscape and
riverways; it tackles the indigenous displacement which has always been
contested in dam construction discourses like the way that China’s Three Gorges
Dam has caused social turbulence with the relocation of 4,000,000 residents
resulting to tearing apart of communities and displacement of natives (Yang,

27
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

2007); it discusses an alternative to the Kaliwa Dam construction; and lastly


provides an approach of multi-stakeholder participation which anchors itself from
the case, especially on critical issues that affect and concerns different state
agencies. Doing so provides an in-depth analysis and elaboration for Philippine
policymakers to navigate the future direction of development projects and aid
aspiring scholars who focus on the same issues while supplementing the probable
solutions that may be delved through in similar cases of indigent contestations.
While other literature and studies have discussed the negative implications of dam
construction, only a few have compiled the predominant notions and narratives of
the specific case of Kaliwa Dam in Quezon Province, Philippines. This paper will
then elaborate on the case while pushing for a deliberative framework in mediating
consensus, providing the most viable response, and the challenges that may occur
in the deliberative process.

2. The Background: Shredding off The Kaliwa Dam Project


It is without a doubt that the Philippines was not merely facing the
challenge posed by the Coronavirus Disease 2019 (COVID-19) as the number of
cases continues to increase, demanding an immediate solution from the
government rapidly—it also faces the weakening of the peso value and many
economic and political predicaments. Nevertheless, among the most urgent is the
one which concerns the people from the National Capital Region (NCR), which is
the insufficiency of water resources, as it plunges below the safety level and has
become a constant threat to urban communities, specifically the 12 million
residents of NCR. The dry season has also posed some geographically set
problems for the archipelago. It has been exacerbated by the worsening climate
change, which contributed mainly to the country’s water shortage. In 2018, the
East Zone Concession in Metro Manila anticipated the supposed water shortage
of the decade, as implied by the critical plummeting of the Angat Dam and the
slow depletion of the La Mesa Dam, which supplies most of the water in Metro
Manila (Mayuga, 2020). The Manila Water Co. Inc has largely augmented the
supply of water from Angat Dam due to the escalated need for water supply as the
country experiences a scorching climate, a growing population induced by the
increasing number of people who will consume water, and the larger area of
coverage of the water system with the consumption increasing from the usual two
thousand-four hundred million liters per day (MLD). According to Mayuga
(2020), the dam is only among the various projects in line with the Water Security
Plan for 2018-2023, which was pursued by the Metropolitan Waterworks and
Sewerage System (MWSS). The primary goal of the Kaliwa Dam is to empower
the water source and provide maximum utility to Angat Dam, which will prevent
the occurring water shortage problem. With the straining of the La-Mesa, Ipo, and
Angat water systems, the Kaliwa Dam should be able to alleviate the problem and

28
Clyde Andaya Maningo

will be the solution to securing water resources during hot climate conditions
brought by El Niño.

Figure 1: The Map of Kaliwa Dam from Metropolitan Works and Sewerage
System

Source: Bajo (2021)

Through China’s Official Development Assistance (ODA), the Kaliwa


Dam project was funded directly by the Chinese government, allotting 18.7 billion
pesos administered by the China Energy Engineering Corporation (CEEC). The
structure is 60 meters high and would be constructed in the Quezon Province’s
Barangay Magsaysay and Infanta municipality and Barangay Pagsangahan,
General Nakar municipality. Some essential structures which will aid the new
water system will be built, such as a 27.7 kilometers raw water conveyance tunnel
designed to direct to other water treatment facilities. The Kaliwa Dam Project is
an infrastructural boom brought by the Chinese Belt and Road Initiative and
incorporated into the Duterte regime’s development plan, Ambisyon Natin 2040

29
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

(See & See, 2022). If the project continues, the benefit that the government has
constantly assured is the approximate capacity of raw water that the dam could
hold. They guaranteed a collection of 600 million liters per day while maximizing
2,400 million liters per day, and this will ease the pressure on Angat dam while
supplementing the needed raw water of urban communities, including towns of
Cavite and Rizal and Metro Manila, which takes up 97 percent of consumed water
(Garcia, 2019). However, despite the benefits, the dam construction continually
assures indigenous and environmental communities have been opposing and
calling for revoking the New Centennial Water Source-Kaliwa Dam project.
The Kaliwa Dam Project’s administrator, Emmanuel B. Salamat, stated
that despite the opposition’s concern, they would take precautions against the
disasters and minimize the environmental impact before the construction and the
actual building of the conveyance tunnel and dam. He indicated that he thoroughly
recognized the effect it could bring to the residents and the indigenous community
of Sierra Madre’s mountain range, as these lands are sources of subsistence and
food for the IP communities. He also reassured that they would not be excluded
from the integrated community development plan as they will relocate the affected
communities, who will receive sufficient compensation (Miraflor, 2022).
However, if these assurances are adequate, why do some environmental activists,
non-governmental organizations, indigenous communities directly affected by
this development, and experts on geological hazards oppose the idea of the Kaliwa
Dam’s construction despite the promise of collaboration and water security? The
following sections thoroughly discuss these contentions.

Contentions on Violation of Legal Processes in Issuance of Environmental


Compliance Certificate (ECC)
Large projects are usually ushered by political maneuverings (Fisher,
2010), and the Kaliwa Dam project, expected to utilize a large sum of money, was
not much of an exemption. A few months after the government announced the
solution for NCR’s shortage of water, the Department of Environment and Natural
Resources (DENR), through the Environmental Management Bureau, has already
released an Environmental Compliance Certificate (ECC), and this is despite the
disagreement that it raised for the indigenous people who live in the area, as well
as the objection of environmentalist and advocates. This clearly violates the Local
Government Code of 1991, where the government must have prior consultation
on the subject. La Vina (2019) invoked Lina Jr vs. Paño (G.R. No. 129093, August
30, 2001), where the Court further clarified that any projects must have prior
consultation with the main stakeholders on any developmental ventures that: 1)
tends to incur pollution, 2) may bring climatic change, 3) may induce depletion of
non-renewal sources, 4) has a degrading effect on the forest covers, range-land,
and croplands, 5) may endanger and cause the eradication of plant or animal

30
Clyde Andaya Maningo

species in this planet, and lastly, 6) may cause the eviction of a specific group of
people where the developmental project or program is implemented. Further, the
Local Government Code has said that having a public hearing is a necessity unless
they are first-handed recognized by the Environmental Management Bureau
(EMB). It was also indicated that such procedures should be made earlier so that
specific issues will be put on the table and be deliberated. Nevertheless, none of
these initiatives were carried out, resulting in the absence of subsequent resolution
and endorsement by the concerned local government unit (La Vina, 2019).
In response, the project has failed to provide the requirement entailed by
NCIP AO No. 03, Series of 2012, a Free Prior and Informed Consent (FPIC), to
start the project’s construction. There were also allegations from Metropolitan
Waterworks and Sewerage System (MWSS), along with the National Commission
on Indigenous Peoples (NCIP), that local officials manipulated and railroaded the
entire legal process. The Haribon Foundation (2019), in their analysis, has asserted
that despite the existence of the Indigenous Peoples’ Rights Act that protects the
rights of the indigenous communities and provides them with the processes of
Free, Prior, and Informed Consent, it is still insufficient in this case as several
indigenous communities, specifically those in General Nakar and Tanay will have
to leave their ancestral domain which is also the source of their sustenance and
livelihood.
It can be discerned that the Department of Natural Resources, which has
jurisdiction over environmental-related issues, that the project has completely
disregarded the necessity for full compliance and the consultation procedures
which should be issued from the local communities that will be susceptible to the
construction of Kaliwa Dam. The non-observance to the rules where there must
be an assembly for the concerned communities and a supposed period of
consensus building where the indigenous people could push through their
demands was not conducted. This made them unable to discern the merits and
demerits of the proposals. Furthermore, they continually assert that they have
already performed the initiatives of coordinating with people and are still doing
so with the concerned parties to ensure smoother construction operations.
Meanwhile, MWSS, along with the Department of Public Works and Highways
(DPWH), received criticisms, and among those was the building of road access
towards the dam’s location. It breached the law without a permit secured from the
Protected Area Management Board (PAMB) or the local government of Infanta
overseeing the area covered by the road. Rovik Santiago Obanil, one of the leaders
of the opposing NGO—the Stop Kaliwa Dam Network, affirmed that the road
project had not acquired permission from the indigents in the approval of ECC,
which should have been required by FPIC and by law (Conde, 2019).

31
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

Disagreements Concerning Complete Disregard for Biodiversity Issues


The social, ecological, and environmental consequences are extensive in
building large dams (Fisher, 2010). The construction of the Kaliwa Dam will
significantly damage the Sierra Madre's biodiversity. According to La Vina
(2019), the area that will be covered in the dam construction is considered a
protected area which means that its creation will negatively affect the ecosystem,
especially the vast portion of Kaliwa Watershed. This land ridge is deemed a
national park, forest reserve, and wildlife sanctuary. Therefore, an initiative as
significant as building large dams has violated the National Integrated Protected
Areas System (NIPAS) Act and the Expanded NIPAS Act. The figure below
shows the socio-environmental map of the construction of Kaliwa Dam, where the
domain of its impact is identified following the overall structure of the terrain.

Figure 2: The Socio-Environmental Mapping of the Construction of Kaliwa


Dam

Source: Chavez (2023)

32
Clyde Andaya Maningo

The Haribon Foundation (2019) has elaborated on the variety of


endangered wildlife, including the critically endangered Philippine eagle
(Pithecophaga jefferyi), the Philippine warty pig (Sus philippensis), the vulnerable
Northern rufous hornbill (Buceros hydrocorax), the Philippine brown deer (Rusa
marianna), and the endangered Northern Philippine hawk-eagle (Nisaetus
philippensis). The wildlife also comprises the Luzon Endemic Bird Area’s
restricted-range birds, which cannot be found anywhere else. Further, it has clearly
been stated in the Presidential Proclamation 1636 (series of 1977) that the Kaliwa
Watershed—including its coastline and forests—is a habitat of 60 reptile species,
963 invertebrate species, 81 mammal species, 15 amphibian species, 1476 fish
species, 60 reptile species, and lastly, 334 bird species. Hence, the condition
implied by the Environmental Compliance Certificate (ECC) does not truly
consider the large-scale effect the project could pose on the abundance of Sierra
Madre’s biodiversity. A context from the said certificate has stated that for the
construction to persist, they must:
“…conduct and submit the precise inventory and assessment of
threatened species that may be affected during clearing operations
including maps showing the project location relative to the protected
area boundaries and management zones, location of observed
threatened species; land cover map indicating the various habitat types
and location of management zones relative to the area for vegetation
before the conduct of the Detailed Engineering Design (DED).”
(Fulgar, 2021; La vina, 2019)

33
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

Figure 3: An Image of the Philippine Eagle (Pithecophaga jefferyi)

Source: Simon (n.d.)

Regardless, the list will not do anything nor change the fact that it destroys
significant habitats of countless animals if no move such as rehabilitation is
considered by the authority (Talamayan, 2020). Even the resettlement of these
animals further endangers the species. Moreover, it will kill the livelihood of the
indigenous people who largely depend on farming and tourism through guiding
hikers in the Sierra Madre mountains. The resident ethnic groups also considered
this wide area a sacred site and ancestral burial ground. According to Salamat,
they have considered all the possible environmental problems arising from dam
construction. However, the MWSS’s assessment of the building of Kaliwa Dam,
which they forwarded to the DENR-EMB, tells a different story. The activities
before the construction do not just modify the current landscape; they can also
deteriorate the water quality leading to worsened health and sanitation problems.
The critical component of constructing large projects is mobility and utilization of
specialized equipment that incurs noise to the vast biodiversity, disturbing the rich
biodiversity in the area. According to Mayuga (2020), the pre-construction phase
is deadly to the wildlife species as it will immediately cause a disturbance,
displacement, and tremendous damage to the wildlife habitat. There’s also the
expected effect it could bring to the land submergence of Barangay Daraitan’s

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Clyde Andaya Maningo

springs and caves—tourist destinations for aspiring hikers. As the dam operates,
there will be a considerable disruption to marine life and the threat to the
proliferation of invasive species since the dam’s presence allows changes in the
migration pattern of aquatic species. Hence, these unforeseen mechanisms in the
wildlife remained unrecognized. If it persists, there would be potential conflicts in
water use, food source insufficiency, and navigational access problems in the
Barangay Daraitan to Sitio Quebobosa, implying that it will widely affect the
nearby residents.

Human Consequences and the Case of Sardar Sarovar Dam Construction


There are also dramatic consequences imposed by building large dams to
generate hydropower, aside from ecological ones (Hite, 2022). It tends to be
accompanied by displacement and destabilization of communities as the
resettlement of indigenous communities is made to construct large water
reservoirs. According to Fisher (2010), there is empirical evidence showing that
impoverishment and social disruption are not minor risks: these have been the
reality for most people involuntarily displaced by development. These pertain to
an anticipated reality; the growth some see as advantageous comes with the cost
of impoverishing others. The construction of the Kaliwa Dam will indisputably
displace numerous people. This has been the case of the oustees of India, where
immigrants of development projects resulted in political invisibility as they were
forced to integrate with the poor and landless urban communities. In the broader
picture, an estimated dam-related displacement amounted to fifty to sixty million
people in the past five decades. The World Bank’s study affirms that the
worldwide displacement due to development programs in the current decade tends
to be more than the tabulated displacement data during war or natural disasters
(Fisher, 2010). This has been exacerbated in the advent of the pandemic, where
the IP communities are most vulnerable; hence, their struggle to pursue needed
resources or protections is aggravated (Smith-Morris, 2022).
India’s case is a perfect example to derive a clear image of the social
consequence that it implies. Along with China, they built numerous dams,
displacing 20 million people in merely four decades. Among those was the
Adivasis, which comprises 40 percent of the displaced individuals. Surprisingly
enough, they constitute an estimated 6 percent of the Indian population. The
likelihood of displacement of these indigenous populations in the construction of
Sardar Sarovar Dam foretells that the one most susceptible to government projects
involving relocation all around the world tends to be the marginalized sector,
which is the most vulnerable, and in the Philippine case, indigenous communities
(Dwivedi, 2002). The purpose of the construction of these development projects
focuses on the interest of a more visible political citizenry who utilizes more
resources and resides among the urban population; thus, about proceeding on

35
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

appropriation that benefits them most, and what best way to do this is to acquire
resources from rural populations, which utilizes lesser resources.
Meanwhile, the justification of how the dam is often seen as a necessity
for a transcending world towards modernity was highlighted by Vidyut Joshi, who
has been amongst the pursuer of India’s Sardar Sarovar dam construction:
“We have welcomed change in progress, development, and
modernization. This being so, why should we object when tribal culture
changes? A culture based on lower levels of technology and quality of
life is bound to give way to a culture with superior technology and
higher quality of life. This is development. What has happened to us is
bound to happen to them because we are part of the same society.”
(Fisher, 2019)
As these provide some irrefutable reasonings, we cannot deny how the
notion of this sense of progress has been enumerated by various studies regarding
its adverse effects where displacement endangers the communities of indigenous
groups. In a societal context, it also can disrupt the means through which
established interpersonal ties carry out social interactions, which is induced by
spreading out the kinship networks of these alienated communities. The short-
term effect may physically be plausible, but in the long term, this disruption
implies widespread anomie, loss of security, and dismantling of cultural identity
with the integration with the slums of urban communities and joining the migrant
forces. Fisher (2019) made a significant statement saying that the indigenous
groups are considered a vulnerable sector, with their remote residences that tend
to be far from assimilative cultural influences. Hence, dislocations' economic and
psychological disruptions are difficult for indigenous people. Displacing them
also severs their strong cultural and spiritual ties to their ancestral domains and
threatens the communal bonds and practices that hold their societies together.
Thus, it revokes Vidyut Joshi defined the way to progress. Suppose progress is to
benefit only the dominant element of society for the sake of compromising the
marginalized. In that case, it was not progressing but an attempt to justify tyranny,
discrimination, and state aggression incurred to the vulnerable sectors of society.
The case of India’s Sardar Sarovar Dam construction is very significant in the
Kaliwa Dam construction as both contexts face a myriad of economic, social, and
environmental impacts from their inception, which is also met with strong
opposition by both scholars, activist groups, and the indigenous communities per
se (Morse & Berger, 1992).

36
Clyde Andaya Maningo

The Incurred Disaster Risk Hazards


Few of those who strongly oppose the construction of the dam have their
argument grounded in the concern that the project will be situated in a location
where it is near two of the Philippines’ active faults, namely the Valley Fault
System and the Philippine Fault Zone. It can be cited how relevant studies on
seismology, such as the Japan International Cooperation Agency (JICA) and Iuchi
& Esnard (2008), have indicated that the Kaliwa Dam constructions shall cover
the Philippine Fault where there have been records of many large earthquakes and
seismic activities in the past… specifically a six-centimeter relative movement
observable in 1991 to 1993. They concluded that the Philippine Fault Zone is an
area with high seismic activities, and this is evident in the catastrophe last July 18,
1880, when a massive earthquake in this zone devastated the Manila Cathedral as
well as the churches of Mauban, Infanta, and other nearby establishments in
Quezon Province. So, if a large earthquake happens in the future and has the
potential to destroy the dam, the risk of heavy flooding will compromise the safety
of around 100,000 individual lives (La Vina, 2019).
Aside from the geographic danger, there is also the notion of worsened
flooding, especially in the aftermath of Typhoon Ulysses. According to the Center
for Energy, Ecology, and Development (CEED) Executive Director Gerry
Arances, the typhoon has brought tremendous casualties to the country. However,
it might have been exacerbated if no protective barrier from the Sierra Madre had
mitigated the impact. A portion of this mountain range will be destroyed once the
Dam project commences its operations. The CEED also advocates for ecological
integrity and energy democracy, so they also raise narratives concerning the issues
of quarrying, mining, and logging in the watersheds and forests in Sierra Madre
(Miraflor, 2022).

On Top of Ballooning Debts


From the government perspective, the BRI-funded dam construction
projects will generate self-sustaining loan payments due to the enormous internal
demands (Chirathivat et al., 2022). However, the same notion has been taken by
Laos, resulting in a debt burden due to large dam build-ups to solve the energy
and water shortage problem. The finance will come straight from China’s ODA
through the China Export-Import Bank (CEIB), another critical component of
their loan trap. Nonetheless, these infrastructure financing activities reflect
broader power relationships as forms of geoeconomic statecraft where countries
do not wish for leverage of host countries. However, an uneven distribution
benefits only a particular social group (Wijaya, 2022), like on China’s BIR project
in Malaysia, Indonesia, Philippines, and Singapore (Wang & Fu, 2022). This was
one of Obanil’s arguments stating that we would only incur an enormous loan that
would not be necessary. The Philippines already have ballooning debt for building

37
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

other infrastructures proposed by the Build, Build, Build Program, which is


anticipated to reach Php 8 trillion in 2021, equating to a 33.33 percent raise since
2016—the start of President Duterte’s administration. This is important to note,
mainly as we correspond with the Laos case, where infrastructure lending from
Chinese financial institutions has put the country in danger of a vicious debt cycle
(Barney & Souksakoun, 2020).

3. Potential Alternatives and Viable Solutions


The alternatives for constructing any technologically innovative project
must first be in line with considering the underlying social factors for it to be
viable. This has always been an essential component in the case of dam planning
(Fisher, 2010). This reflects the case of Gland, Switzerland, where forty
representatives met, including those involved in dam construction, the assumed
affected indigency, the concerned non-government organizations, and the experts
in April 2019. Through active engagement of the key proponents in the project’s
construction, issues are raised, and it yielded greater predictability for the probable
outcome and efficiency of the actual construction. All around the globe, this
integration of consensus-building before the construction of any project has
always been considered. The organizations such as the World Conservation Union
and the World Bank—with a mandate to assess energy development and water
resources and review each development effectiveness of dams in response to
internationally-accepted guidelines, criteria, and standards in the decision-making
in the construction, planning, designing, decommissioning, and monitoring of
dams—have always raised why multi-stakeholder participation is crucial (World
Commission on Dams, 2022). The case of the Kaliwa Dam lacks the preceding of
this process (Mayuga, 2020). Hence, it is only probable that any construction
attempt should be halted to allow the residents and indigenous communities to
assert their opinions and demand before the actual implementation of the project.

Japanese Firm’s Offer of Weir Construction


One of the alternatives that could be considered is the proposal of a firm
from Japan to build a weir that will provide water systems for the shortage
problem. A weir, commonly called a low-head dam, is a build-up that aims to
change a river’s height level through the barrier covering a river’s width, altering
water flow characteristics. Weir is less destructive to the environment, and a mere
7-meter-high wall was proposed, which is not as large as China’s 60-meter-high
dam. As said by Toshikazu Nomura in a press conference of Osaka-based Global
Utility Development Corp. Ltd. (GUDC), the proposed dam will only cost USD
410 million and, on top of that, utilizes a much more sustainable and long-term
approach. It is expected to have a capacity worth 550 million L/day. Hence not
only is it more feasible, but this alternative is also cost-efficient and is adequate to

38
Clyde Andaya Maningo

curb the looming water scarcity problem. Nomura also emphasized that they
would prioritize compliance with MWSS and utmost consideration of livelihood
and communities in the area (Raymundo, 2019). Despite the renewal of the weir
proposal in March 2019—since this was already presented in 2009—the
government still chose the Kaliwa Dam, which remained controversial on the
costly construction and the disregard for environmental and socio-cultural
consequences. With the inability to provide a concrete solution to the procedural
and substantial concerns, the project’s construction should not be granted. Still, it
continues to persist as it is continually persecuted based on illegality and
immorality, for it does not merely violate the rights of indigenous people. It
destroys the habitat of millions of species as well.

Protection and Rehabilitation of Degraded Watersheds


Obanil has elaborated on the viable alternatives aside from a large dam
that could be able to deal with the problem. For once, he stated that biodiversity
must be protected in all existing watersheds surrounding Metro Manila, with a
critical emphasis on robust watershed management systems. La Mesa Dam, when
managed with strong government regulation, paired with other water
concessionaires, would undoubtedly curb the water problem and be far more
sustainable. According to experts, it is also probable to look at the Laguna Bay
and Wawa Dam as potential water sources (dela Cruz, 2019).
It has been said that watershed forests’ conservation is the primary priority.
In Angat and La Mesa, watersheds must be taken care of to ensure that water
supplies for the NCR shall last for generations. Hence, protecting and
rehabilitating degraded watersheds would yield a preemptive, practical, and
affordable solution (La Vina, 2019). Instead of building a new dam, the
government must focus on repairing, improving, and maintaining the existing
dams since rehabilitating the current water reservoir would reduce reliance on
main distribution facilities and systems. This involves nurturing the used water
concessionaires to prevent water leakages in pipes, which is also a viable
economic solution. Another possible action to take is to indulge in new
technologies. There are lots of unexplored water sources which could be utilized
with the proper approach. Instead of building dams, it is wiser to explore the
wasted water, which amounts to 80 to 85 percent (Mayuga, 2019). The Haribon
Foundation (2019) proposed that these waters when treated, can be used for
landscape or agricultural irrigations and industrial processes. Lastly, there should
be a thorough implementation of policies involving water conservation. With the
LGC of 1991, it gives more responsibility to the local government to supervise
issues concerning water conservation and sustainable practices.

39
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

On-going Movements and Resistance


With the arguments mentioned, the only solution is to stop the construction
of the Kaliwa Dam and proceed to a more viable alternative. However, with the
continuous progress in the mountains of Sierra Madre, the government does not
consider halting the project as an option. It would more likely push the
construction through despite the continuous calling out of the indigenous
communities, activists, and environmental experts. Such plight was not new in the
history of dam construction and developments, which oppresses the marginalized,
and the most action they took was to form alliances and embody resistance. Fisher
(2010) made it clear by indicating that forms of resistance in dam constructions
tend to be more effective in asserting long-term interests rather than merely
cooperating. Several countries, such as Latin America and Brazil, have
collaborated with the international movement to oppose dam projects and show
that they are not powerless. Initiatives such as the international conference in
Curitiba, Brazil, which gathered the displaced people of dam construction, have
proven themselves essential such that they collectively pronounced declarations
saying that over the years, they have shown their growing power...that they are
strong, diverse, and united and that their cause is, to assure that the struggle of the
indigenous people all around the world is heard and recognized by the
international community. They also made a moratorium saying that they will not
stop demanding the communities’ respective governments until "the territorial
rights of indigenous, tribal, semi-tribal, and traditional populations affected by
dams are fully respected through providing them with territories which allow them
to regain their previous cultural and economic conditions (Fisher, 2010).”
In the Philippines, the growing movement of the Stop Kaliwa Dam
Network (SKDN) has continually gained national and international support. They
are very particular in their references as to why they strongly oppose the building
of the dam, citing the scientific basis and broad implication of the dam
construction. The government has said that the opposition merely comprises the
“narrow-minded minority,” Obanil has opposed this, saying that the grassroots
have opposed the construction, except the Municipal Development Council of
Gen. Nakar. Hence, this invalidation through coining narrow-mindedness is an
attempt to silence the looming dissents from the involved indigency and groups
of organizations and individuals who clearly articulated their position on the
Kaliwa Dam, citing negative implications and impacts in social, environmental,
economic, and cultural dimensions. Nevertheless, earlier movements of anti-dam
notions in the Philippines have always focused on the malpractice and
nonadherence to FPIC policies (Cariño & Colchester, 2010; Ibabao, Baliao &
Lizada, 2013), and eco-social problems linked to political ecology as implied by
externally funded development ventures (Kim, 2010). This pertains that the
Kaliwa Dam project is only among the several issues of indigenous

40
Clyde Andaya Maningo

marginalization concerning the displacement and dispossession of the Philippine


IP (Talamayan, 2020). The Duterte administration has also, so far, worked in
climate adaptation through violent measures, including subversion of indigenous
people’s land rights, exhorting devastating climate change realities, denigration of
multilateral mitigation efforts as colonial injustice, and lastly, the extrajudicial
killings of activists (Smith, 2022; Javante de Dios, 2022). The unsolicited
infrastructure development also poses some concerns (Ito, 2022). These
contextual environments must also be assessed in the discourse of indigenous
struggle in the Philippines.

Reconsideration of the Cost and Benefits


The construction of large projects such as the Kaliwa Dam is demanded to
weigh the cost and benefits. Fisher (2010) defined cost/benefit analysis (CBAs)
as “generally weighing projections of aggregate costs against aggregate benefits
of dam projects without regard for the distribution of these costs and benefits.”
When the projected effect is adverse, the justification for this would be that the
aggregate benefit outweighs the sum of the cost (such cost is derived from the
calculations of some accounts of negative implications to the displaced set of
people, yet this does not sum for all of its adverse effects). This calculation is
problematic because it tends to be constantly overestimated. In the equation, the
analyst pursues a generalization that minimizes the values of resources, including
the adverse threat that it poses to the endangered ecosystem.
In contrast, the benefit of having more water to supplement the shortage
problem is maximized. With this, it is vital to consider the social and
environmental costs before coming up with these tremendous projects. The
limited purview only aggravates the problem that comes right after the
construction of the large dams, making it appear unanticipated, rendering the
concerned citizenry incapable of handling the consequences it poses. Thus, what
is needed requires not a merely informed mechanism on what is to be considered
as the cost and the advantage obtained in building dams, but the transformation
that is incurred in every decision of development and a thorough reconsideration
of the measures that should be conducted and recognizing what would be the
trade-offs. Undoubtedly, there shall never be justice in acts that destroy
communities to quench the thirst for resources of another.

Efforts to Reduce Water Consumption


Such a solution was already stated as an alternative; however, the means
through which it will be conducted must be elaborated further. One of Obanil’s
concerns is the dire need to minimize the demand. This is done through massive
educating of the citizenry and the aggressive promotion of conserving water to
mitigate all non-revenue water by concessionaires. It should also be considered

41
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

that pilferage problems in the existing water systems contribute mainly to water
loss. The government chose to create a new water system instead of just treating
the problem that caused the shortage in the first place. The alarming trend of 20L
to 400L water intake per person in Metro Manila is equivalent to 1-2 drums of
water wasted per person (Yacat, 2011). It implies that particular action of the
government must be focused on conserving water and even using recycled water
through harvesting and investing even in rainwater. Another important proposal
is separating what should be used for drinking and what can be used for cleaning
and flushing the toilet since such measure assures more conserved water, thus
reducing demand for water use. Furthermore, there are other sustainable supply
networks to venture from, for instance, saltwater desalination, non-revenue water
recovery, and rainwater harvesting (Roco, Alano, & Promentilla, 2022).

4. Multi-stakeholder Participation Framed After Deliberative Policy


Analysis
The essence of the Kaliwa Dam situation is that it showcases the
persistence of the Philippine community's traditional problems that disregard
consultatory efforts citing political corruption and adherence to foreign demands
rather than the immediate local necessities. Gera (2016) discussed the ethnic
representation in the existing Philippine bureaucracy. Here, she stated that it is
indeed beneficial to society to have indigenous people be participative in the
government since it legitimizes it and nourishes the civil service to respond to the
diversified communities' needs. Citing David Levitan (1946), she discussed that
the institution might only acquire bureaucratic accountability when the
bureaucrats genuinely represent the people and act as a proxy for people’s
aspirations. Going back to the claim of Stop Kaliwa Dam Network, all the
indigents except their officials agreed to the project. Thus, the one tasked to collate
the collective decision of the entire community has denied his role and made an
unaccounted move. Hence, Gera (2016) provided coherence and relevance to the
struggle of the marginalized indigenous people in society. It should also be stated
that indigenous people could hardly acquire a share of opportunities in the civil
service career, more so, demand something from the government. Thus, despite
several initiatives like IPRA, the Sierra Madre mountains’ indigency remained
deprived of their rights to their ancestral domains.
The catastrophic impact of the lack of coordinative actions between the
policymakers and the constituencies affected by the construction of Kaliwa Dam
should have been prevented if a transparent model had been used to implicate the
heuristic framework of multi-stakeholder integration and policy engagements.
The Kaliwa Dam Project only implies the power dynamics of existing agencies
with different ecological narratives; hence, public deliberation should consider
this so that these power dynamics are neutralized. This has been the notion implied

42
Clyde Andaya Maningo

by the deliberative policy analysis. As coined in Dryzek’s (2007) formulation of


a deliberative system, it is necessary to substantiate these three fundamental
principles for achieving deliberation: authenticity, inclusiveness, and
consequentiality:
(1) By authenticity, it means that the deliberation’s primary focus is
centered on (i) inducing reflection and sharing of preferences in the absence of
impending threats or coercive measures, (ii) everyone was allowed to share
opinions and those who have contrasting opinions may still find meaning and
accept.
(2) There is inclusivity in the deliberation process as the discourse
provides the opportunity to discuss the ideas of all affected actors or concerned
representatives.
(3) By consequential, deliberation can make a difference in the overall
collective outcome, that it may influence or determine a system's regulations
according to the discourse's deliberative potential. These outcomes refer to laws,
even codified decisions concerning public policy and international treaties, the
informal ones concerning governance networks, or those that imply massive
cultural changes.
Furthermore, Dryzek (2007) stated that the prime goal of the deliberative
process has never been about forming consensus; instead, it is to produce a meta-
consensus that structuralizes continued disputes. Also, in proceeding to
subsequent cases of studying deliberations, Dryzek (2007) provided an analytical
framework relevant to operationalizing deliberative systems. The framework
constitutes six critical elements utilized in thoroughly assessing a given system as
it corresponds to the principles mentioned above of inclusiveness, authenticity,
and consequentiality:
(1) An existence of a public space where such discourses are held and
wide-ranging communications are conducted. Such a place is preferred to have no
legal restrictions or constricting barriers.
(2) There is an empowered space, which deviates from the public space
in a way that such space is where it caters to authoritative decisions.
(3) There is the notion of transmission, which means that the deliberation
in public space is not isolated to how the empowered space deliberates public
policies; it directs and influences it.
(4) Accountability is upheld. The actors of empowered space who enact
meaning mechanisms are given an account of whatever actions or decisions they
come through.
(5) The meta-deliberation or the reflexive capacity of the system exists
where it deliberates the whole organization and creates corrective or reformatory
measures.
(6) There is a sense of decisiveness as understood in the purview that the
collective outcomes are products of the corroborated efforts inside the system.

43
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

The deliberative public policy framework as an approach to the Kaliwa


Dam Project construction is suitable for the case Kaliwa Dam Project because
abiding by the previous issues discussed, like the economic scarcity notions,
biodiversity problems, geographic hazard, and social displacement problems, can
be addressed in a space where people from different backgrounds are free to vent
out their experiential inputs. The community-centered network for collaboration
must be understood in the purview of systemic and systematic injustices
experienced by IP communities (Kingdon, 2022). Habermas (1984), in looking at
the social dimension of philosophy, has focused on the possibility of
understanding people’s lifeworld (formed identity from unique aggregated
experiences) and deems that consensus is met when people can negotiate and
employ communicative rationality in their discourses. Furthermore, public
participation, which was encouraged in a deliberative framework, enhances
institutional and policy legitimacy, citizen influence, learning, and social
responsibilities (Petts, 2001)

Figure 4: The Diagram of Dryzek’s (2007) Deliberative Policy Framework

Source: Dryzek (2007)

44
Clyde Andaya Maningo

While the deliberative policy framework assumes the ideal state of public
space and Locke’s purview of human nature—which means each actor is
motivated by inherent goodness within them—this assumption may deviate from
the actual reality, which in turn, makes the application of deliberative framework
a lot more challenging in the context of the Kaliwa Dam construction. The
following points further implicate these hurdles:
 The immediacy of the matter and the resources for deliberative initiatives.
Among the criticisms of the deliberative policy framework is the time
factor, which considers the duration of the deliberation process to achieve
consensus. The urgency of the water scarcity problem in NCR requires
immediate solutions. The thorough derivation of meticulously crafted
responses from an authoritative body must inculcate various responses and
integrate opinions from stakeholders with distinct interests. It also requires
resources to fund these efforts and initiatives and to ensure that all
stakeholders are accounted for in policy formulations.
 The emotional factor in consensus building. In deliberative discussions,
there is a tendency to focus on factual notions, not to mention the various
emotions that appeal to individuals, like feelings, interior modes/moods,
drives, and desires, which manifest in an unconscious, unreasonable, and
irrational manner. In the conduct of discussion, people are not merely
wired for reasons but also for how emotions put forth ideas at the table
(Backer, 2016). This is overlooked in deliberative democracy as it assumes
minds as something free from the manifestation of preconceived notions.
Hence, desires must be suppressed (Ruitenberg, 2009, p. 3). This can be
mended through meticulous discourse that thoroughly filters the most
reasonable discourses in a rigid deliberative process—and yet, there must
be a contextual derivation of the simplistic framework for the deliberative
public policy to mend individual differences.
 The Philippine political system, traditional values, and purview of crony
capitalism in indigenous issues and policy response. The adherence to
neoliberalism as the focal basis of economic activity limits the intervention
of the government in societal affairs; hence, it does not concern itself with
mediating critical issues like the disruption of communities with large-
scale developmental projects (Bello, 2019)—like the Kaliwa Dam project
so long as it augments market activity. The Philippines is tied to neoliberal
discourse, which is also neatly intertwined with the corruption brought by
the rampant crony capitalism in the country. The country’s institutions are
relatively weak with the presence of rent-seeking elites—which is also
rooted in the country’s political culture dominated by patronage and
clientelism (Hau, 2022). As a result, it hinders any potential steps for
consultatory measures, including inputs from marginalized sectors. These
crony capitalists have also displayed a level of loyalty to external

45
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

influences like China or the US to achieve personal interests. This has been
elaborated by Sison (1970) in expressing how the imperialist countries
have taken advantage of the weakness of the country’s political system.
Hence, for attempts to have consultatory procedures and deliberative
conduct, these issues need to be resolved and supplemented with adequate
solutions that guarantee the existence of Dryzek’s six critical elements of
the deliberative framework.

5. Conclusion
This paper provides the background of the Kaliwa Dam Project and a
thorough analysis of the underlying issues embedded in its construction. Hence, it
discusses the background and shredding of the case, implicating the halting of the
Kaliwa Dam Project in Quezon Province due to the violation processes, the
biodiversity issues, also the human consequence with the inclusion of a similar
context which should be considered in analyzing the dimensions of the discourse,
the incurred disaster risk hazard, and finally the implication of the project
regarding Philippine’s ballooning debt. Furthermore, potential alternatives were
also laid down, which tackle the reconsideration of the Japanese Firm’s weir
construction, building networks, mass movements and improvements of
collaboration, reevaluation of the project’s costs and benefits, reechoing of water
conservation measures to reduce water demands, and lastly, rehabilitation of
degraded watersheds.

Table 1: Summary of Arguments on Halting Kaliwa Dam Construction and


the Alternatives/ Prospected Solutions
On Halting the Kaliwa Dam Alternatives/ Prospected Solutions
Construction
Contentions on violation of legal processes Reconsideration of the Japanese firm’s
in the issuance of Environmental weir construction
Compliance Certificate (ECC)
Disagreements concerning complete Building networks, mass movements,
disregard for biodiversity issues collaboration, and resistance
The implication in terms of human Reevaluation of the costs and benefits
consequences
The threat to disaster risk hazards Reechoing efforts to reduce water
consumption through wise use and
conservation measures
Ballooning debt and the incurred economic Rehabilitation of degraded watersheds
repercussions

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Clyde Andaya Maningo

While the means to go forward are immediate, this paper also offers the
multi-stakeholder participation implied by the deliberative policy framework. It
means the inclusion of all sectors of society in deciding socially and ecologically
altering development projects requires adherence to coordination with people who
are anticipated to be direly affected and analysis from experts. With this, it is also
imperative that thorough scrutiny of the framework is meticulously investigated,
especially in the case of the Kaliwa Dam project, to examine its viability. Hence,
the paper presents the possible constraints of applying the framework in the case,
especially when looking at the purview of the Philippine political situation. These
were discussed in the immediacy of the matter at hand and the resources for
deliberative initiatives, the hurdle of deliberative framework that there are
emotional factors in the process of consensus building, and lastly, the context of
the Philippine political system, traditional values, and purview of crony capitalism
in indigenous issues and policy response.
In understanding the notions of political dynamics in inter-indigenous
discourse, Kerkvliet’s (2009) understanding of conventional politics provides that
it only takes stirring of these indigenous communities' political environment to
make them react with engagement. As he has said, politics does not just settle to
authorities or organizations; it forms everywhere, whenever there are people and
communities. This is important, especially since what has been missed by
technocratic ventures to whom initiators of policies and political maneuvers are
the awareness of the ongoing political discourse of the community where such
implementation was acted upon. Hence, this refers to ordinary people and the
peasantry who could be engaged in political life just by working day per day,
which in turn has grasped and comprehended, in their context, the social system
they are in. In this regard, in the case of Kaliwa Dam, we could assume that these
indigenous communities employ the uniquely formed conventional politics in
their communities, and the only means to permeate these bubbles of political ideas
and insight is to engage them in meaningful discourse; this is what the deliberative
policy framework offers.

47
The Case of the Kaliwa Dam Project in Quezon Province, Philippines

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