RTC extends 17-day TRO vs. Mankayan protesters; Benguet Board still stands firm against mining project

LA TRINIDAD, Benguet – The Regional Trial Court (RTC) Branch 64 in Abatan, Buguias has extended by 17 days the Temporary Restraining Order (TRO) directing identified residents to stop obstructing the mineral exploration activities of Crescent Mining and Development Corporation (CMDC) in Mankayan, even as the Benguet Sangguniang Panlalawigan (SP) reaffirmed its opposition to the project.

Presiding Judge Daniel D. Mangallay initially issued the 72-hour TRO on July 10 after CMDC filed a complaint for injunction with damages, alleging that road barricades had prevented the company's personnel and drilling equipment from accessing its exploration site.

The court ruled that the continued obstruction could cause "grave injustice and irreparable injury" to the company and ordered the respondents to cease and desist from interfering with CMDC's access to the exploration area while the case is pending.

Following a summary hearing on July 13, the RTC extended the TRO for 17 days, effective July 14, and set the hearing on CMDC's application for a Writ of Preliminary Injunction on July 21.

Those named in the order include Bulalacao Barangay Captain Satur Lostbayan Anton, Indigenous Peoples Mandatory Representative Marlo Pablo, Gary Dulag Sr., Aldrin Dominguez, Glenn Inciong, Wilbur Labi, Noel Labi, Irma Pangsil, Efren Camsol, and several unidentified individuals. The court also authorized the acting sheriff to seek assistance from law enforcement agencies, if necessary, in enforcing the order.

Despite the court's directive, the Benguet Provincial Board maintained its opposition to the exploration project through previously approved policy resolutions.

The Provincial Board backed Executive Order No. 50, Series of 2025, issued by Mankayan Mayor Cesar R. Pasiwen, directing CMDC to halt its operations until compliance with Section 59 of the Indigenous Peoples' Rights Act (IPRA) is established. It also called on the National Commission on Indigenous Peoples-Cordillera (NCIP-CAR) to review and withdraw the conditional certification used in renewing the company's Mineral Production Sharing Agreement (MPSA), citing concerns over the implementation of the Free, Prior and Informed Consent (FPIC) process.

The dispute dates back to 2022, when the Mines and Geosciences Bureau (MGB) renewed CMDC's MPSA covering about 533 hectares in Mankayan. Residents opposing the project argued that the renewal proceeded without obtaining the required FPIC from the affected Indigenous communities.

Tensions escalated in early July after residents of Barangays Bulalacao and Guinaoang, joined by students, set up barricades along access roads leading to the exploration site. They cited concerns over the possible impact of drilling activities on ancestral lands, water sources, and agricultural livelihoods.

In a statement, the No Mines Movement of Guinaoang and Bulalacao described the TRO as a Strategic Lawsuit Against Public Participation (SLAPP) and maintained that the barricades are a peaceful effort to protect their ancestral domain. The group also questioned the validity of the project's permits, alleging that the required FPIC process was not properly completed.

For its part, CMDC clarified that the TRO "addresses only the physical blocking of lawful, permitted operations" and "does not restrict anyone's right to speak, assemble, petition, or oppose this project."

The company maintained that its exploration activities are covered by a valid MPSA, a Certification Precondition issued by the NCIP, and work programs approved by the MGB. It added that environmental safeguards are being implemented throughout the exploration phase.

The RTC is set to hear CMDC's application for a Writ of Preliminary Injunction on July 21, while the extended TRO remains in effect as legal proceedings continue.