The flawed “consent”  in Nueva Vizcaya mining dispute

“Enough is enough. Let us now raise our voices louder and demand accountability.”

Bayombong Catholic Bishop Jose Elmer  Mangalinao   warned of worsening ecological damage in Nueva Vizcaya as he cited  the environmental conflict  in  Dupax del Norte  due to mining exploration activities by Woggle Corporation.

Dupax del Norte is a 3rd-class municipality with 15 barangays, and a mineral-rich area with huge economic potential through mining, particularly  gold and copper.

In August 2025, the Mines and Geosciences Bureau (MGB) of the Department of Environment and Natural Resources approved an exploration permit for Woggle Corp. , an affiliate of the British firm Metals Exploration Plc and FCF Minerals Corp.  covering more than 3,100 hectares in Dupax del Norte  that straddle five barangays—Bitnong, Inaban, Mungia, Parai, and Oyao.

Residents of   Barangay Bitnong    began manning a  barricade in September 2025.

Police arrested on January 23, 2026   at least eight individuals following a court order to dismantle the barricade blocking mining firm Woggle Corp.’s access to an exploration site. On Monday, January  26, the prosecutor’s office dismissed the case of “resistance and disobedience” against the seven residents.

“It is painful to see the suffering of our brothers and sisters at the barricade — simple citizens and farmers who only want to defend their life and livelihood, their land,” Bishop Mangalinao said.

Some of the grounds of opposition on the planned mining operations in Dupax del Norte include :  (a) the threat to water sources as  mining can pollute rivers and irrigation systems with silt and heavy metals, affecting agriculture and drinking water; (b) the  damage  to agricultural lands  as  the proposed site covers farmlands and forests essential to local food production; (c )  the risk to biodiversity as the forests are home to endangered plants and animals; mining will destroy their habitat; (d) the  adverse cultural and community Impact as the area is part of their  heritage and is home to Indigenous Peoples whose free, prior, and informed consent (FPIC) is required under the Indigenous Peoples Rights Act (RA 8371); and ( e)  the violation of local laws  as  Nueva Vizcaya has an Environment Code prohibiting destructive mining practices such as open-pit operations.

NCIP issued a Certificate of Non-Overlap (NCO) because Dupax del Norte is not currently classified as an ancestral domain under their records, thus there was no   IPRA’s FCIP process done.

However, barangay councils and the Sangguniang Bayan of Dupax del Norte passed resolutions opposing the exploration permit, citing the lack of proper consultation and the lack of written consent from surface owners and occupants. Residents themselves say they were never meaningfully informed and never gave permission for exploration on or near their lands.

They allege that signatures for the project’s FPIC were obtained deceptively, such as through attendance sheets for government aid (ayuda).

In DENR vs.  Lepanto Mines (G.R. No. 244216, June 21, 2022), Supreme Court Senior Associate Justice Marvic Leonen said that   IPRA introduced measures to guarantee that their rights over their ancestral lands, including the resources found in them, are protected.

These protections include a certification precondition before any license, concession, lease, or production sharing agreement involving the exploitation of natural resources may be granted or renewed. The certification precondition includes obtaining FPIC from the affected indigenous peoples.

Leonen stressed that the agreements  must be construed with the utmost scrutiny, for they affect not only the nature of the property rights they vest, but also all other extractive natural resource rights that potentially negate the constitutionally protected rights of indigenous cultural communities.

The process requires that consent be given freely, without coercion, and based on full, transparent disclosure of project details, ensuring community rights to self-determination.

Nueva Vizcaya, located along the Caraballo Mountains and the Sierra Madre range in northern Luzon, has long been a flashpoint for mining-related conflict.

Nueva Vizcaya is home to about 18 indigenous peoples, which includes the major tribes of the Ifugao (Quezon, Bagabag, Kasibu), Gaddang (Solano and Bayombong), Isinai (Dupax del Sur and Bambang), Dumagat (Aritao), Kalanguya (Santa Fe), and the Bugkalot (Alfonso Castañeda and Dupax del Norte).

The barricaders legitimately exercised their constitutional right to a balanced and healthful ecology in the face of an impending mining exploration.

The residents of Dupax del Norte  are currently facing challenges that strike at the very heart of their existence: the protection of their land, their environment, and their right to self-determination.

For  Indigenous Peoples, land is not just “property”—it is their  history, and their  sacred temple.