LA TRINIDAD, Benguet — A Benguet provincial legislator is calling for a full investigation into how a mining company in Mankayan has managed to continue its operations despite its permit expiring four years ago.

Board Member Charmaine Molintas-Likigan wants the Benguet Provincial Board to look deeper into the case of Crescent Mining and Development Corporation (CMDC) and explore possible legal actions to protect the rights of affected communities.

During a recent session of the Sangguniang Panlalawigan, Molintas-Likigan questioned the Mines and Geosciences Bureau (MGB) and the National Commission on Indigenous Peoples (NCIP) in the Cordillera on how CMDC was allowed to operate when its exploration permit had already lapsed in 2021.

While the MGB later granted CMDC a two-year extension, citing delays caused by the Covid-19 pandemic, the company only received its required Certificate of Precondition (CP) — which proves the consent of Indigenous Peoples or confirms ancestral domain status — on 29 September.

To Molintas-Likigan, that timeline raises red flags.

“It clearly shows CMDC continued its activities without a valid permit and without the necessary CP for almost four years,” she said, calling it a serious lapse in regulation.

Because of the MGB’s administrative approval, CMDC was able to continue drilling in ancestral lands, prompting villagers to set up barricades in June 2022 to stop the company’s activities. When the CP was finally issued this year, Indigenous Peoples (IPs) from Barangays Guinaoang and Bulalacao protested again, saying they were not properly consulted as required by law.

Local elders and barangay leaders said continued mining has already damaged their farmlands, dried up water sources, and turned nearby rivers acidic.

When asked why the permit was renewed without the CP, the MGB pointed to an Executive Order that allows extensions even while the Free, Prior and Informed Consent process is still ongoing. But Molintas-Likigan strongly disagreed.

“An Executive Order cannot override a Republic Act,” she stressed, referring to the Indigenous Peoples’ Rights Act (IPRA), which prohibits the issuance or renewal of permits within ancestral domains without prior NCIP certification that the FPIC process has been completed.

For Molintas-Likigan, the issue is more than procedural — it’s a question of justice and respect for indigenous communities.

The IPs of Guinaoang and Mankayan have long opposed CMDC’s operations, citing repeated violations of FPIC procedures. Rights groups have also criticized what they describe as a “pattern of approval without consent,” pointing to a certification issued in December 2021 by a former NCIP regional director that allegedly allowed MGB to renew CMDC’s Mineral Production Sharing Agreement without proper consultation.

The community’s firm opposition recently prompted Mankayan Mayor Cesar Pasiwen to issue an Executive Order directing CMDC to cease all mining-related activities in the affected barangays. He noted that the proposed mining area is zoned as agricultural and residential, making the company’s operations inconsistent with the municipal land use plan.

Molintas-Likigan said the provincial board will decide whether to recommend further investigation or legal action to uphold the community’s rights.

“This apparent gap between MGB practice and IPRA requirements raises serious legal and moral questions for the Cordillera,” she said.

Meanwhile, the Indigenous Peoples of Mankayan remain firm in their stand: they will continue defending their ancestral land until full compliance with IPRA is achieved.