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The Bataan mining project in Mount Pantingan is facing questions from Indigenous Ayta Magbukon communities over alleged gaps in the consent process, prompting a House resolution seeking an investigation into the exploration activities of Balanga Bataan Mineral Corporation and Benguet Corporation.

MANILA, Philippines — Indigenous Ayta Magbukon communities in Bataan are questioning the consent process behind mining exploration activities in Mount Pantingan, prompting a congressional investigation into the operations of Balanga Bataan Mineral Corporation and Benguet Corporation.

Mamamayang Liberal Party-list Rep. Leila de Lima filed House Resolution No. 1569 on October 28, 2026, seeking an inquiry into the reported exploration and mining activities affecting parts of the communities’ ancestral domain.

The resolution covers areas in Limay, Bagac, Mariveles and Orion, where affected Indigenous communities have raised concerns about the project’s compliance with the Free, Prior and Informed Consent (FPIC) requirement under Philippine law.

Ayta communities question consent process

The controversy centers on whether the necessary consultations and consent procedures were properly completed before authorities approved the renewal of the mining agreement.

According to the Peoples Development Institute (PDI), Ayta Magbukon communities previously submitted a collective petition to the National Commission on Indigenous Peoples (NCIP) and the Commission on Human Rights (CHR), seeking government intervention over the exploration activities.

The communities reportedly participated in three assemblies in September 2024, where they sought documents including the project’s Environmental Compliance Certificate and Program of Works.

However, they allegedly learned that the Mines and Geosciences Bureau had approved the renewal on September 23, 2024, while the FPIC process was still ongoing.

The affected communities questioned the timing of the approval and whether their concerns had been properly addressed.

Mining agreement covers more than 1,400 hectares

Benguet Corporation’s published project information identifies the Pantingan Gold Project as covering approximately 1,410.25 hectares across Bagac, Mariveles and Limay.

The company has disclosed that it has conducted exploration and drilling activities in the area since 2020.

A Philippine Stock Exchange disclosure by Benguet Corporation also reported that the Department of Environment and Natural Resources approved the renewal of Mineral Production Sharing Agreement (MPSA) No. 154-2000-III on October 14, 2024.

The renewed agreement covers another 25-year term beginning March 31, 2025.

The permit renewal, however, does not by itself settle the separate question of whether all Indigenous Peoples’ rights and consent requirements were satisfied.

What Philippine law requires

Republic Act No. 8371, or the Indigenous Peoples’ Rights Act of 1997, protects the rights of Indigenous Cultural Communities and Indigenous Peoples over their ancestral domains.

Under Sections 57 and 59, Indigenous communities have recognized rights concerning natural resources in their ancestral territories, while certain government permits and agreements affecting ancestral domains require compliance with the applicable FPIC and NCIP certification requirements.

The law aims to ensure that Indigenous communities are properly informed and have the opportunity to participate in decisions affecting their ancestral lands and resources.

Environmental concerns also raised

De Lima’s resolution also seeks to examine reports of environmental disturbances near exploration sites.

Her office cited alleged observations of hot water, sulfur-like odors and muddy discharge in the vicinity of certain exploration holes.

The resolution further raises concerns about possible impacts on forests, wildlife, water access, food sources and the livelihoods of affected communities.

These environmental allegations will require independent investigation and technical evidence to establish their extent and possible causes.

Government agencies urged to clarify compliance

The proposed congressional inquiry seeks to examine the validity of the mining permits, compliance with FPIC requirements and the protection of Indigenous communities’ rights.

The DENR, Mines and Geosciences Bureau and NCIP are among the government agencies whose records and actions are relevant to determining whether the required procedures were followed.

For the Ayta Magbukon communities, the dispute goes beyond mining exploration. It concerns their participation in decisions involving their ancestral territory and the protection of resources they depend on.

As House Resolution No. 1569 remains pending before the House, questions surrounding the consent process, permit renewal and environmental safeguards remain unresolved.