79C3C34C52B45572883A05D425EB0F82
NCIP AO No. 3 Series 2012: Revised Guidelines on Free and Prior Informed Consent
https://leaux.net/URLS/General/Philippines_2012.pdf
http://leaux.net/URLS/ConvertAPI Text Files/27BA732F953C7B131E390BB89E1F669A.en.txt
Examining the file media/Synopses/27BA732F953C7B131E390BB89E1F669A.html:
This file was generated: 2020-12-01 07:45:47
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Indigenous
Searching for indicator indigenous:
(return to top)
p.000001: WIPOLex
p.000001: 4/6/20,
p.000001: 6(04 PM
p.000001:
p.000001:
p.000001:
p.000001: MENU
p.000001: WIPO LeCxovid-19 UHpEdLaPte
p.000001:
p.000001: ENGLISH LOGIN
p.000001:
p.000001: Philippines
p.000001: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) and
p.000001: Related Processes of 2012
p.000001:
p.000001:
p.000001: Machine translation
p.000001:
p.000001:
p.000001: NCIP Administrative Order No. 3 Series of 2012
p.000001:
p.000001: THE REVISED GUIDELINES ON FREE AND PRIOR INFORMED CONSENT (FPIC) AND RELATED PROCESSES OF 2012
p.000001: Pursuant to Sections 44 (m), 46(a), 57, 58, 59, and 7 of R.A. 8371, otherwise known as the Indigenous Peoples Rights
p.000001: Act of 1997, and other related provisions, the following guidelines are hereby promulgated in lieu of NCIP
p.000001: Administrative Order No. 01, Series of
p.000001:
p.000001: 2006, as follows:
p.000001:
p.000001:
p.000001: PART I PRELIMINARY PROVISIONS
p.000001: Section 1. Title. This Guidelines shall be known as “The Revised Guidelines on
p.000001: the Exercise of Free and Prior Informed Consent (FPIC) and Related Processes”.
p.000001:
p.000001:
p.000001: Section 2. Objectives.
p.000001: a. Ensure genuine exercise by Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) of their right to Free and
p.000001: Prior Informed Consent (FPIC), whenever applicable;
p.000001: b. Protect the rights of ICCs/IPs in the introduction and implementation of plans, programs, projects, activities and
p.000001: other undertakings that will affect them and their ancestral domains to ensure their economic, social and cultural
p.000001: well-being;
p.000001: c. Provide, and ensure compliance with the procedure and the standards in the conduct of Field-Based Investigation
p.000001: (FBI) and FPIC process, payment of fees, compensation for damages, execution of Memorandum of Agreements, observance of
p.000001: corporate social responsibility; and imposition of sanctions for the commission of prohibited acts and omissions as
p.000001: hereinafter provided;
p.000001: d. Ensure just and equitable partnership in environmental management, land use, development and resource use within
p.000001: ancestral domains as well as benefit sharing, between and among the concerned ICCs/IPs and the prospective investor,
p.000001: government agency, local government unit (LGU), non- government organization (NGO) and other entities desiring to
p.000001: engage or collaborate in such undertaking;
p.000001: e. Ensure that when priority right to development and utilization of natural resources is validly exercised by the
p.000001: ICCs/IPs, the same shall be validated in accordance with the spirit and principles of FPIC;
p.000001: f. Ensure that any benefit derived after the grant of FPIC or as an exercise of priority rights shall be managed and
p.000001: used properly by, for and with the concerned community not forgetting inter-generational obligations; and
p.000001: g. Guarantee protection of resettled/displaced ICCs/IPs.
p.000001:
p.000001: 1
p.000001:
p.000001:
p.000001: Section 3. Declaration of Policy.
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: https://wipolex.wipo.int/en/text/414691
p.000001: Page 1 of 27
p.000001:
p.000001: WIPOLex
p.000001: 4/6/20,
p.000001: 6(04 PM
p.000001:
p.000001: a) The FPIC actualizes and strengthens the exercise by ICCs/IPs of their rights to Ancestral Domains, Social Justice
p.000001: and Human Rights, Self- Governance and Empowerment, and Cultural Integrity;
p.000001: b) The right of ICCs/IPs to the management, development, use and utilization of their land and resources within their
p.000001: own ancestral domains shall be given utmost regard;
p.000001: c) No concession, license, permit or lease, production-sharing agreement, or other undertakings affecting ancestral
p.000001: domains shall be granted or renewed without going through the process laid down by law and this Guidelines.(a3)
p.000001:
p.000001:
p.000001: Section 4. Operating Principles. In the implementation of this Guidelines, the following operating principles shall be
p.000001: observed:
p.000001: a. Empowerment. The ICCs/IPs shall freely pursue their economic, social and cultural development through their
p.000001: participation in decision-making, determination of priorities, as well as the practice of their justice system and
p.000001: peace-building processes.
p.000001: b. Consensus-Building and Decision-Making Process. The ICC/IPs shall participate in the decision-making processes
p.000001: primarily through their indigenous socio-political structures. They shall likewise affirm the decisions of their duly
p.000001: authorized representatives.
p.000001: c. Peace-Building. The decision-making of the ICCs/IPs in the conduct of the FPIC is a measure to promote peace,
p.000001: harmony, understanding, unity and security.
p.000001: d. Cultural Integrity. In the implementation or operation of plans, programs, projects or activities in Ancestral
p.000001: Domains, due regard must be given not only to the physical environment but the total environment including the
p.000001: spiritual and cultural bonds to the areas.
p.000001: e. Inter-generational Responsibility. The indigenous concept of ownership sustains the view that ancestral domains are
p.000001: considered community property which belong to all generations and therefore cannot be sold, disposed or destroyed. The
p.000001: ICCs/IPs shall have priority rights to manage and pursue sustainable and responsible development plans, programs,
p.000001: projects or activities within their ancestral domain.
p.000001: f. Primacy of Customary Law. In the conduct of FBI, FPIC, and other processes provided under this Guidelines, including
p.000001: but not limited to dispute resolutions in relation thereto, the primacy of customary law and decision-making processes
p.000001: as determined by the ICCs/IPs shall be observed and adhered to.
p.000001: g. Transparency and Clarity. The processes under this Guidelines shall be transparent to all stakeholders. The
p.000001: applicant shall make a full and accurate disclosure of information concerning the proposed program, project or activity
p.000001: in a manner that is both accessible and understandable to the concerned community.
p.000001: h. Existing Property Regimes. Existing and/or vested rights shall continue to be recognized pursuant to Section 56 of
p.000001: R.A 8371 and its Implementing Rules and Regulations.
p.000001:
p.000002: 2
p.000002:
p.000002: i. Ancestral Domain as a Single Unit. An Ancestral Domain shall be recognized and treated as one or undivided unit.
p.000002:
p.000002:
p.000002: Section 5. Definition of Terms. In addition to the terms defined under IPRA
p.000002: and its IRR, the following are defined thus:
p.000002: a. Ancestral Domain Sustainable Development & Protection Plan (ADSDPP). Refers to the consolidation of the plans of
p.000002: ICCs/IPs within an ancestral domain for the sustainable management and development of their land and natural resources
p.000002: as well as the development of human and cultural resources based on their indigenous knowledge systems and practices.
p.000002: b. Area Affected. It refers to area/s in the ancestral domain which will be overlapped or affected by the proposed
p.000002: plan, program, project or activity, including areas that will sustain effects or impact to be determined by the FBI
p.000002: Team.
p.000002: c. Bio-prospecting. The research, collection, and utilization of biological and genetic resources and substances, with
p.000002: the view of applying the knowledge derived therefrom for medicinal, commercial and other purposes.
p.000002: d. Certificate of Non-Overlap (CNO). It refers to the Certificate issued by the NCIP attesting to the fact that the
p.000002: area where the particular plan, program, project or activity will be done does not overlap with, or affect, any
p.000002: ancestral domain.
p.000002: e. Certification Precondition (CP). It refers to the Certificate issued by the NCIP, signed by the Chairperson,
p.000002: attesting to the grant of FPIC by the concerned ICCs/IPs after appropriate compliance with the requirements provided
p.000002: for in this Guidelines.
p.000002: f. Consensus-Building. It refers to that part of the decision-making process undertaken by the ICCs/IPs through their
p.000002: indigenous socio-political structures and practices in arriving at a collective/communal decision.
p.000002: g. Environment Impact Statement (EIS). It is the document which aims to identify, predict interpret, and communicate
p.000002: information regarding changes in environmental quality associated with a proposed project and which examines the range
p.000002: of alternatives for the objectives of the proposal and their impact on the environment.
p.000002: h. Extractive or Large Scale Activities. These refer to the activities enumerated in Sec. 19 of this Guidelines.
p.000002: i. Field-Based Investigation (FBI). It refers to the ground investigation undertaken to determine whether or not the
p.000002: plan,
p.000002:
p.000002:
p.000002: https://wipolex.wipo.int/en/text/414691
p.000002: Page 2 of 27
p.000002:
p.000002: WIPOLex
p.000002: 4/6/20,
p.000002: 6(04 PM
p.000002:
p.000002: program, project or activity overlaps with, or affects, an ancestral domain, the extent of the affected area, and the
p.000002: ICCs/IPs whose FPIC is to be obtained.
p.000002: j. Indigenous elder/leader. An indigenous elder/leader emerges from the dynamics of customary laws and practices; they
p.000002: evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs. They are recognized as
p.000002: authority in conflict resolution and peace-building processes, on spiritual rites and ceremonies and in doing so,
p.000002: possess the attributes of wisdom and integrity. They lead and assist the community in decision- making processes
p.000002: towards the protection and promotion of their rights and the sustainable development of their ancestral domains.
p.000002:
p.000003: 3
p.000003:
p.000003: k. Independent Expert. Refers to a person specializing in related field whose education and/or experience can be a
p.000003: source of invaluable information pertaining to a particular issue and who is expected to give an objective information
p.000003: or opinion, that will help the ICCs/IPs to reach a sensible, intelligent and well-informed decision.
p.000003: l. Non-Extractive and/or Small Scale Activities. These are the activities enumerated in Section 24 of this Guidelines.
p.000003: m. Resolution of Consent. It refers to the written resolution adopted by the affected ICCs/IPs by themselves or through
p.000003: their duly authorized elders/leaders expressing their acceptance of the plan, program, project or activity.
p.000003: n. Resolution of Non-Consent. It refers to the written resolution adopted by the affected ICCs/IPs by themselves or
p.000003: through their duly authorized elders/leaders expressing their non-acceptance of the plan, program, project or activity
...
p.000010: start not less than ten (10) days from the first meeting and completed not more than Thirty (30)
p.000010:
p.000011: 11
p.000011:
p.000011: days thereafter. The First meeting shall be followed by the consensus-building period by and among the council of
p.000011: elders/leaders. They will also use this period to consult with their constituency in accordance with their customary
p.000011: mechanisms. After they are able to arrive at a consensus within the time frame they decided, they shall inform the FPIC
p.000011: Team of such consensus. If the decision/consensus is favorable, the Team shall forthwith convene the Decision meeting,
p.000011: with notice to the concerned parties. During this meeting, the council of elders/leaders will formally proclaim their
p.000011: decision and the parties shall proceed to negotiate and finalize the terms and conditions of the MOA and thereafter
p.000011: consummate the same.
p.000011: If the consensus is against the project, the leaders/elders shall issue a resolution of non-consent, however, if it is
p.000011: favorable, the Regional Director shall within three (3) days, from receipt of the resolution, prepare and sign the CP
p.000011: and transmit the same, including the FPIC Report, to the concerned commissioner for concurrence, copy furnished ADO.
p.000011: Once concurred, the same shall be endorsed to the Chairperson for confirmation.
p.000011: The process herein provided shall be considered as exception to the strict provisions of Part V of this Guidelines.
p.000011:
p.000011: Section 25. Excluded Areas. The following areas are excluded from any activity except for the exclusive purposes for
p.000011: which they are identified:
p.000011:
p.000011: a. Sacred grounds and burial sites of indigenous communities;
p.000011: b. Identified international and local cultural and heritage sites;
p.000011: c. Critical areas identified or reserved by the ICCs/IPs for special purposes; and
p.000011: d. Other areas specifically identified by ICCs/IPs in their ADSDPP.
p.000011:
p.000011: https://wipolex.wipo.int/en/text/414691
p.000011: Page 10 of 27
p.000011:
p.000011: WIPOLex
p.000011: 4/6/20,
p.000011: 6(04 PM
p.000011:
p.000011:
p.000011: PART IV
p.000011: POST FPIC ACTIVITIES
p.000011:
p.000011: Section 26. Submission of Report. Where the ICCs/IPs gave their consent in accordance with the foregoing provisions,
p.000011: The FPIC Team shall submit a formal report with recommendation/s, systematically prepared with pertinent and legible
p.000011: annexes, signed by the team leader and members under oath to the Regional Director. An executive summary thereof shall
p.000011: also be prepared and copy furnished the concerned Commissioner/s.
p.000011:
p.000011: In cases where EIA, EIS and/or ECC are required by the regulatory agency, and the same are not available at the time of
p.000011: the FPIC Process, the proponent/applicant shall execute an undertaking that should the same become available, the
p.000011: proponent/applicant shall furnish NCIP a copy of the same, and undergo the FPIC process in areas included in said EIA,
p.000011: EIS and/or ECC as affected areas which were not included in the previously determined affected area/s.
p.000011: In case of non-consent, the FPIC Team shall report the same to the Regional Director, and the latter shall forthwith
p.000011: inform the proponent, copy furnished the concerned Commissioner/s and the ADO.
p.000011:
p.000011:
...
p.000018: priority right, including its specific location; and
p.000018: d. Customary processes of arriving at a community consensus.
p.000018: 2. Community Resolution. Should the community decide to exercise their priority right, after complying with the
p.000018: foregoing, a community resolution shall be drafted, discussed, finalized and approved by a majority of all the members
p.000018: of the concerned ICC/IP community during the same assembly or in another assembly, as the case may be. The resolution
p.000018: shall, among others:
p.000018: a. Identify the specific natural resource;
p.000018: b. Delineate in detail the specific location and area where the subject natural resource is or may be found;
p.000018: c. Describe the capability and/or capacity of the community to undertake the activity they seek to engage in as
p.000018: consequence of the EPR; and
p.000018: d. List the names of community elders/leaders who are authorized to make the declaration of EPR.
p.000018: The approval of the community resolution by all members of the concerned ICC/IP community shall be deemed sufficient
p.000018: and approved if signed or thumb- marked by a majority of all the members and representatives physically present during
p.000018: the community assembly as mentioned in Article III, Section (1).
p.000018: 3. Declaration of EPR and EPR Plan. The elders/leaders named and authorized in the community resolution to make the
p.000018: declaration shall make the declaration of EPR. The declaration shall include an EPR Plan which shall contain, among
p.000018: others, the following:
p.000018:
p.000018: a. General information about the Ancestral Domain and the ICCs/IPs of the area, including indigenous land use plan, if
p.000018: existing and available;
p.000018:
p.000018: b. Purpose of the declaration;
p.000018:
p.000018: c. Natural resource for development, harvesting, extraction or exploitation;
p.000018:
p.000018: d. Specific Location and area of the proposed site/s accompanied by maps, 3D maps, sketches and/or other material
p.000018: reference monuments as annexes;
p.000018: e. Projects, programs, activities or undertakings to be pursued to realize the purpose of the EPR;
p.000018:
p.000018: f. Scope and duration of operational plan/s for every activity;
p.000018:
p.000018: https://wipolex.wipo.int/en/text/414691
p.000018: Page 18 of 27
p.000018:
p.000018: WIPOLex
p.000018: 4/6/20,
p.000018: 6(04 PM
p.000018:
p.000019: 19
p.000019:
p.000019: g. Capability of the community to undertake the same or to engage a qualified partner;
p.000019:
p.000019: h. Conformity with the existing ADSDPP and/or the Environmental Conservation and Protection Program of the concerned
p.000019: ICCs/IPs as provided for under the IRR of IPRA;
p.000019:
p.000019: i. Existence of a duly organized IPO registered and recognized by NCIP;
p.000019:
p.000019: j. Recognition and Observance of IP Governance/Decision-making processes;
p.000019:
p.000019: k. Existence and feasibility of EPR Plan & ECPP;
p.000019:
p.000019: l. In the absence of a provision in an existing ADSDPP, or non-existence of an
p.000019:
p.000019: ADSDPP, a statement that it shall be so included in the existing ADSDPP or in the one that shall be subsequently
p.000019: formulated.
p.000019:
p.000019: m. How income and/or benefits will be managed, shared, used and accounted for; and
p.000019:
p.000019: n. Name and personal circumstances of the authorized elders/leaders who made the declaration and their signatures or
p.000019: thumb-marks.
p.000019:
...
Political / criminal
Searching for indicator criminal:
(return to top)
p.000014: representative of the ICCs/IPs concerned.
p.000014:
p.000015: 15
p.000015:
p.000015: The preceding paragraphs shall not apply when it is expressly provided in the MOA that a new FPIC is required in the
p.000015: event of merger, reorganization, transfer of rights, acquisition by another entity, or joint venture.
p.000015:
p.000015:
p.000015: Section 37. Complaints Related to the Memorandum of Agreement. Any complaint involving the interpretation and
p.000015: implementation of the MOA shall be resolved first in the community using their traditional conflict resolution process.
p.000015: If the complaint is not resolved using the customary system, the complaint shall be filed with the appropriate NCIP
p.000015: Regional Hearing Office (RHO) for disposition. The decision of the RHO may be appealed in accordance with the
p.000015: provisions of Administrative Circular No. 1, Series of 2003.
p.000015: Section 38. Applicability of Customary Laws and Imposition of Sanctions for Violation of the Terms of the MOA. Any
p.000015: person/party who willfully violates or fails to comply with his duty or obligation under the provisions of the MOA may
p.000015: be held liable in accordance with the customary laws and practices of the host or concerned ICC/IPs and sanctions may
p.000015: be imposed in accordance therewith: Provided, That the sanctions are not excessive, cruel and degrading, and without
p.000015: prejudice to the exhaustion of conciliation and mediation efforts by the NCIP, and the exercise of the latter’s
p.000015: visitorial and injunctive powers. This is without prejudice to any action that any person or the community may take
p.000015: before the proper courts for the enforcement of civil, criminal or administrative liability.(48)
p.000015:
p.000015:
p.000015: PART VI OTHER PROCESSES
p.000015:
p.000015:
p.000015:
p.000015:
p.000015:
p.000015: https://wipolex.wipo.int/en/text/414691
p.000015: Page 14 of 27
p.000015:
p.000015: WIPOLex
p.000015: 4/6/20,
p.000015: 6(04 PM
p.000015:
p.000015:
p.000015: Section 39. Community-Solicited or Initiated Activities.
p.000015: Programs, projects and activities solicited or initiated by the concerned ICCs/IPs themselves where the activity is
p.000015: strictly for the delivery of basic services to be undertaken within or affecting the ancestral domain, do not require
p.000015: compliance with the FBI/FPIC requirement as provided in this Guidelines, however, they shall be subjected to a
p.000015: validation process where the following shall be determined:
p.000015: a. The ICC, in fact, voluntarily solicited or initiated the plan, program, project or activity to be undertaken;
p.000015: b. The plan, program, project or activity conforms with the community’s ADSDPP or in the absence of the ADSDPP, the
p.000015: concerned community considers the same to form part already of the ADSDPP that they will formulate in the future;
p.000015: c. The ICC knows the extent of the plan, program, project or activity and its socio-cultural/ environmental impact to
p.000015: the community;
p.000015: d. The parties acknowledge their obligations; or
p.000015: e. The plan, program, project or activity is for the delivery of basic services or livelihood projects involving
p.000015: community.
p.000015:
p.000015:
p.000015: Section 40. Projects, programs and activities undertaken by NCIP by itself or in cooperation with other government
p.000015: agencies and LGU Projects. Projects, programs and activities undertaken by NCIP itself or in cooperation with other
...
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
p.000023:
p.000023: Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the parties are given the opportunity
p.000023: to be heard, as follows:
p.000023: a) Grave Violations. Commission of any of the prohibited acts by the applicant/s considered grave violations shall
p.000023: constitute a ground for the non-issuance of the certificate applied for.
p.000023: The violation is considered grave when the commission of the prohibited act is intentional and has resulted to loss of
p.000023: life or serious damage to property of an IP member of the community, committed by means of, but not limited to,
p.000023: employment or use of force, threat, coercion, intimidation, violence, including those done by individuals or group of
p.000023: persons acting for the applicant, including repeated commission of prohibited acts considered not grave.
p.000023: Grave violations shall be a ground for disqualification on future applications for certificate precondition within
p.000023: ancestral domain areas, without prejudice to filing of appropriate criminal action against the offender under IPRA or
p.000023: the Revised Penal Code and other special laws. The imposition of disqualification can be lifted only upon petition by
p.000023: the individual or entity upon whom the disqualification was imposed, stating the grounds why the disqualification
p.000023: should be lifted. No such petition shall be entertained by the Commission without the favorable recommendation of the
p.000023: IP community concerned whose rights were seriously violated.
p.000023: b) Less Grave Violations. Commission of any of the prohibited acts by or attributable to the applicant, may constitute
p.000023: grounds for the suspension of the FPIC process by the Regional Director until such time that the violation is
p.000023: sufficiently
p.000023:
p.000024: 24
p.000024:
p.000024: addressed as certified to by the concerned elders/leaders, in which event, the Regional Director shall order the
p.000024: continuation of the FPIC process.
p.000024: Less grave violations refer to the commission of prohibited acts intentionally committed, but which do not result to
p.000024: loss of life or serious damage to property of an IP member of the community.
p.000024: For deliberate delay in the conduct of the FPIC process, attributable to the applicant, the application shall, upon
p.000024: order of the Regional Director, be returned to the endorsing agency.
p.000024: If the extent of the commission of the prohibited act would adversely affect the outcome of the community consent
p.000024: proceedings, the said proceedings shall, upon written request, be suspended by the Regional Director until it is shown
p.000024: that the prohibited act done has already been addressed.
p.000024: c) Commission of any of the prohibited acts by or attributable to NCIP officers or employees will be proceeded against,
p.000024: and proper sanction shall be imposed, in accordance with existing laws, rules and regulations. In addition, he shall
p.000024: be, upon finding of prima facie evidence, immediately divested of his authority to be part of the proceedings upon
p.000024: order of the Regional Director and the former will be proceeded against criminally and/or administratively in
p.000024: accordance with the Civil Service Rules and Regulations on discipline.
p.000024: Commission of any of the prohibited acts by or attributable to the NCIP Regional Director or the ADO Director shall,
p.000024: upon
p.000024:
p.000024: https://wipolex.wipo.int/en/text/414691
p.000024: Page 24 of 27
p.000024:
p.000024: WIPOLex
p.000024: 4/6/20,
p.000024: 6(04 PM
p.000024:
p.000024: finding of prima facie evidence, after hearing, immediately divest him/her of his/her authority to be part of the
p.000024: proceedings upon order of the Commission. In addition, the Commission shall file the necessary Criminal and
p.000024: Administrative Charges against the erring officer.
p.000024: d) Prohibited acts committed by any officer or employee of any Government Agencies (GAs) /Local Government Units (LGUs)
p.000024: will be proceeded against, and proper sanction shall be imposed, in accordance with existing laws, rules and
p.000024: regulations.
p.000024: e) Prohibited acts committed by any member of NGOs and other groups or individuals shall be a ground for a warning,
p.000024: contempt or exclusion from the FPIC proceedings applying the Commission’s subpoena and contempt powers.
p.000024: f) Commission of any of the prohibited acts by or attributable to the IPs/ICCs/Elders/Leaders shall be first subjected
p.000024: to customary laws of the affected community. When there is no relief, a complaint may be filed by the aggrieved party
p.000024: with the RHO for the enforcement of the decision made under customary laws or for the award of damages. In no case
p.000024: shall the RHO issue an order or judgment for the suspension of the FPIC proceedings or for the non-issuance of the
p.000024: certificate applied for, or if already issued, an order or judgment for its revocation.
p.000024:
p.000024:
p.000024: Section 67. Jurisdiction of Regional Hearing Officer on FPIC Controversies. Violations of the requirement of FPIC under
p.000024: this Administrative Order shall be dealt with accordingly. For this purpose, cases involving violations of the
p.000024: requirement of FPIC which are within the original and exclusive jurisdiction of the Regional Hearing Officer as
p.000024: provided under Administrative Circular No.1, Series of
...
Political / displaced
Searching for indicator displaced:
(return to top)
p.000001: b. Protect the rights of ICCs/IPs in the introduction and implementation of plans, programs, projects, activities and
p.000001: other undertakings that will affect them and their ancestral domains to ensure their economic, social and cultural
p.000001: well-being;
p.000001: c. Provide, and ensure compliance with the procedure and the standards in the conduct of Field-Based Investigation
p.000001: (FBI) and FPIC process, payment of fees, compensation for damages, execution of Memorandum of Agreements, observance of
p.000001: corporate social responsibility; and imposition of sanctions for the commission of prohibited acts and omissions as
p.000001: hereinafter provided;
p.000001: d. Ensure just and equitable partnership in environmental management, land use, development and resource use within
p.000001: ancestral domains as well as benefit sharing, between and among the concerned ICCs/IPs and the prospective investor,
p.000001: government agency, local government unit (LGU), non- government organization (NGO) and other entities desiring to
p.000001: engage or collaborate in such undertaking;
p.000001: e. Ensure that when priority right to development and utilization of natural resources is validly exercised by the
p.000001: ICCs/IPs, the same shall be validated in accordance with the spirit and principles of FPIC;
p.000001: f. Ensure that any benefit derived after the grant of FPIC or as an exercise of priority rights shall be managed and
p.000001: used properly by, for and with the concerned community not forgetting inter-generational obligations; and
p.000001: g. Guarantee protection of resettled/displaced ICCs/IPs.
p.000001:
p.000001: 1
p.000001:
p.000001:
p.000001: Section 3. Declaration of Policy.
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: https://wipolex.wipo.int/en/text/414691
p.000001: Page 1 of 27
p.000001:
p.000001: WIPOLex
p.000001: 4/6/20,
p.000001: 6(04 PM
p.000001:
p.000001: a) The FPIC actualizes and strengthens the exercise by ICCs/IPs of their rights to Ancestral Domains, Social Justice
p.000001: and Human Rights, Self- Governance and Empowerment, and Cultural Integrity;
p.000001: b) The right of ICCs/IPs to the management, development, use and utilization of their land and resources within their
p.000001: own ancestral domains shall be given utmost regard;
p.000001: c) No concession, license, permit or lease, production-sharing agreement, or other undertakings affecting ancestral
p.000001: domains shall be granted or renewed without going through the process laid down by law and this Guidelines.(a3)
p.000001:
p.000001:
p.000001: Section 4. Operating Principles. In the implementation of this Guidelines, the following operating principles shall be
p.000001: observed:
p.000001: a. Empowerment. The ICCs/IPs shall freely pursue their economic, social and cultural development through their
p.000001: participation in decision-making, determination of priorities, as well as the practice of their justice system and
p.000001: peace-building processes.
p.000001: b. Consensus-Building and Decision-Making Process. The ICC/IPs shall participate in the decision-making processes
...
p.000016: order, health, security or safety including military operations within ancestral domain areas when made in connection
p.000016: with hot pursuit operations, securing vital government installations, programs and projects against clear and imminent
p.000016: danger FPIC shall not be required.
p.000016: Section 45. Regulation of Entry of Migrants and Other Entities. All migrants and other entities must first secure the
p.000016: express permission of the community’s Council of Elders/Leaders who shall, in accordance with their consensus building
p.000016: process, community practices, customs and traditions and upon the free and informed prior consent of the community
p.000016: members agree to accept such migrant or entity within the domains, subject to the following conditions:
p.000017: 17
p.000017:
p.000017: a. Said persons and entities can be allowed to perform activities as are expressly authorized and which are not
p.000017: inimical to the development of the ancestral domains and cultural integrity of the ICCs/IPs, and
p.000017: b. The ICCs/IPs shall maintain the right to impose penalties for violations of the conditions in accordance with their
p.000017: customary laws.
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 16 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017: Section 46. FPIC of Resettled/Relocated or Displaced ICCs/IPs Within Public Domains. A group or a community of ICCs/IPs
p.000017: occupying a portion of public domain, whether as a result of a resettlement or relocation project of the government or
p.000017: as a result of displacement, has the right under Section 7, paragraphs
p.000017: (c) and (d) of the IPRA to be provided with lands of quality and legal status at least equal to that of the land
p.000017: previously occupied by them suitable to provide for their present needs and future development; hence, the said
p.000017: ICCs/IPs shall not be treated as migrants and can likewise exercise their right to FPIC.
p.000017: Section 47. FPIC Rights of Resettled, Displaced and Relocated IPs as well as Migrant IPs Living in Co-existence with
p.000017: the Original IPs within the Domain. In a particular ICC/IP community where there exists resettled, displaced and
p.000017: relocated IPs or migrant IPs mingled or in co-existence with the owners of the AD, the right to FPIC of the resettled,
p.000017: displaced and relocated or migrant IPs will depend on the custom, practice or tradition of the owners of the AD
p.000017: allowing or disallowing the exercise thereof. Whether allowed or not allowed by the owners of the AD to participate in
p.000017: the FPIC proceedings, they shall likewise be entitled to the benefits by virtue of the MOA and to compensation for
p.000017: damages, loss or injury to them or their properties. The obligation to compensate the resettled, displaced and
p.000017: relocated IPs or migrant IPs of what is rightfully due them shall be recognized by the applicant in writing either in
p.000017: the MOA or in a separate undertaking made as an integral part of the MOA. (38)
p.000017: Section 48. Small Scale Quarry Approved by the Local Government Unit (LGU). The CP for small-scale quarries, whose
p.000017: permits are issued by Local Government Units (LGUs) shall be issued by the concerned Regional Director with the
p.000017: concurrence of the concerned Regional Ethnographic Commissioner and affirmation by the NCIP Chairman. A copy of the CP
p.000017: shall be furnished to ADO, the concerned Provincial Officer or CSC Head, as the case may be.
p.000017: Section 49. Community-Initiated or Solicited Research. Research activities solicited, commissioned or conducted by the
p.000017: concerned ICC/IP themselves to be undertaken within or affecting the ancestral domain, shall be governed by the
p.000017: Guidelines on IKSP/Customary Law research and documentation.
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 17 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017:
p.000017: PART VII
p.000017: EXERCISE OF PRIORITY RIGHTS
p.000017: .
p.000017:
p.000017:
p.000017: Section 50. Steps in the Declaration of EPR by the ICCs/IPs. In the
p.000017: declaration of the EPR by a particular ICC/IP community, the following must be observed:
p.000017: 1. Community Assembly. A community assembly of all members of the concerned ICC/IP community shall be held, at the
p.000017: community’s own initiative and expense, with notice to NCIP.
p.000017: For purposes of this Guidelines, the community assembly of all members shall be deemed sufficient and shall proceed
...
Political / migrant
Searching for indicator migrant:
(return to top)
p.000005: Director, shall be composed of the following:
p.000006: 6
p.000006:
p.000006: 1) The Provincial Officer, as Team Leader;
p.000006: 2) The Provincial Legal Officer;
p.000006: 3) One (1) Engineer from the Provincial or Regional Office,;
p.000006: 4) The head of the FBI Team; and
p.000006: 5) Two (2) IP elders/leaders selected by the community in the first assembly.
p.000006: In provinces without provincial office, the Regional Director shall, constitute the FPIC Team to be led by the CSC Head
p.000006: and with members from the same service center to be augmented from personnel of the Regional Office and/or nearby
p.000006: Provincial Office, and two (2) community elders/leaders selected by the community.
p.000006: Substitution, re-arrangement, augmentation of membership in/of the FPIC Team may be done for good and valid reasons,
p.000006: upon the recommendation of the Provincial Officer or CSC Head, as the case may be, with the approval of the Regional
p.000006: Director.
p.000006: The Regional Director, Chief of the Technical Management and Services Division (TMSD) the Regional Attorney, and the
p.000006: Regional Hearing Officer, shall in no case be part of the Team.
p.000006:
p.000006:
p.000006: Section 17. Duties and Functions of the FPIC Team. The FPIC Team shall perform the following functions:
p.000006: a. Convene, with prior notice, the First general assembly to validate the following: (1) FBI Report; (2) Identity of
p.000006: the IP Elders and Leaders; (3) Decision-Making Process; (4) Census of IPs/Migrant IPs; (5) Area affected; (6) Existence
p.000006: of boundary conflict with other ADs;
p.000006: b. Document Conflict Resolution Mechanism and facilitate the conduct of the same by the chosen/selected Elders/Leaders,
p.000006: should there be any dispute/conflict to be resolved;
p.000006: c. Facilitate and document the proceedings of the assembly and be responsible for the interpretation, translation,
p.000006: clarification, or elaboration of matters discussed or taken up;
p.000006: d. Orient the participants on the pertinent provisions of IPRA at all stages and activities;
p.000006: e. Present the agreed WFP during the assembly;
p.000006: f. Invite the appropriate independent experts, if available, to give their opinions on any aspect of the project;
p.000006: g. Should the ICC/IP agree to the activity, help draft the Resolution of Consent and the MOA, or Resolution of
p.000006: Non-Consent should the ICCs/IPs reject the proposal;
p.000006: h. Make an accounting, in accordance with generally accepted accounting and auditing rules, of all monies and
p.000006: properties received in relation to the conduct of the FPIC; and
p.000006: i. Prepare and submit FPIC report with recommendation/s, and an executive summary of the same, both duly signed under
p.000006: oath by all the team leader and members, to the Regional Director, copy furnished the concerned Commissioner.
p.000006: The ADO shall craft the appropriate pro forma form for FPIC Reports after consultation with field offices.
p.000006:
p.000006:
p.000006: https://wipolex.wipo.int/en/text/414691
p.000006: Page 6 of 27
p.000006:
p.000006: WIPOLex
p.000006: 4/6/20,
p.000006: 6(04 PM
p.000006:
p.000007: 7
p.000007:
p.000007:
...
p.000007: g. Industrial land use including the establishment of economic zones;
p.000007: h. Large scale agricultural and forestry management projects;
p.000007: i. Carbon trading and related activities;
p.000007: j. Large scale tourism projects;
p.000007: k. Establishment of temporary or permanent military facilities; conduct of military exercises, or organizing
p.000007: para-military forces;
p.000007: l. Issuance of land tenure instrument or resource use instrument by any government agency and related activities; and
p.000007: m. Others analogous to the foregoing, except small-scale quarrying.
p.000007: The foregoing shall be governed by the FPIC process in Section 22 of this Guidelines.
p.000007: Section 20. Who Shall Exercise the Right to FPIC. All ICCs/IPs who are owners of the ancestral domain have the right to
p.000007: exercise FPIC on/for any of the activities listed in the immediately preceding section; Provided, that in case the AD
p.000007: is owned by two (2) or more ICC/IP sub-groups, or under a unified claim, provisions of their duly executed and
p.000007: validly existing agreement shall be followed, if any, otherwise, all ICCs/IPs sub- 8
p.000007: https://wipolex.wipo.int/en/text/414691
p.000007: Page 7 of 27
p.000007:
p.000007: WIPOLex
p.000007: 4/6/20,
p.000007: 6(04 PM
p.000007:
p.000007: groups, tribes shall all participate in the decision-making in accordance with their applicable customary law/s;
p.000007: Provided further, that when there are two or more domains affected, the ICCs/IPs owning such domains shall exercise the
p.000007: right to FPIC separately; Provided furthermore, that affected migrant IPs inside the domain/s may participate in the
p.000007: exercise of the right to FPIC if expressly allowed by the domain owners.
p.000007: Unless specifically stated in the MOA, separate exercise of the right to FPIC shall be for each major phase of the
p.000007: proposed activity such as Exploration; Operation or Development; Contracting of operator; and the like.
p.000007: Nothing in this provision may be interpreted to prejudice the rights of persons under other existing laws.
p.000007:
p.000007:
p.000007: Section 21. Pre-FPIC Conference. The following shall be taken up, acted upon or accomplished during the Pre-FPIC
p.000007: Conference: a) The FBI Report; b) Finalization and approval of WFP; c) Deposit/Remittance of FPIC Fee; d) Setting of
p.000007: schedules and tasking; e) Preparation of Work Order; f) Orientation on the FPIC process, protocols, and prohibited
p.000007: acts; g) Arrangements for the payment of the bond; h) Submission by the applicant of an undertaking, written in a
p.000007: language spoken and understood by the community concerned, that it shall commit itself to full disclosure of records
p.000007: and information relevant to the plan, program, project or activity, that would allow the community full access to
p.000007: records, documents, material information and facilities pertinent to the same; i) Submission by the applicant of an
p.000007: Environmental and Socio-cultural Impact Statement, detailing all the possible impact of the plan, program, project or
p.000007: activity upon the ecological, economic, social and cultural aspect of the community as a whole. Such document shall
p.000007: clearly indicate how adverse effects may be avoided, mitigated and/or addressed; j) Opinions of invited experts, if
p.000007: any; and k) Others as may be required by the FPIC team or as may have been surfaced during the conduct of the FBI.
p.000007: Section 22. Conduct of Community Assemblies and Other Activities. Two (2) community assemblies, known as First
p.000007: and Second Community Assembly, respectively, shall be held.
p.000007: The First Community Assembly shall be held as soon as the proponent remits or pays the FPIC Fee to the Regional Office
p.000007: and the corresponding amount is released to the concerned NCIP Provincial Office or Service Center for the purpose. It
p.000007: shall be held on a date and strategic place within the AD after the following are complied with by the FPIC team:
p.000007: 1. Formal notice to the Regional Director with his/her approval of the date and place secured;
p.000007: 2. Posting of written notices seven (7) days before the activity in conspicuous places in and around the concerned
p.000007: ICC/IP Community, i.e. the
p.000007: Community Tribal and/or Barangay Hall/s;
p.000007: 3. Personal service of formal notices to the AD representatives as appearing in the Certificate of Ancestral Domain
p.000007: Title (CADT) Recognition Book or ADSDPP Book, if available, seven (7) days before the activity;
p.000007: 4. Service of formal notice to the representative of the proponent/locator;
p.000007: 5. Service of formal notice to the concerned LGU/s Chief Executive/s, concerned NGOs and invited experts, if any; and
p.000007: 6. Service of notice to the Provincial Consultative Body (PCB), if existent.
p.000007: During this assembly, the following matters shall be taken-up, discussed and/or acted upon: a) Orientation on IPRA and
p.000007: the FPIC process; b) Validation FBI report and the area/s affected; c) The Census of IPs/Migrant IPs/Non-IPs; d)
p.000007: Identification and validation of IP Elders and Leaders; e) Determination of the Decision-making or consensus-building
p.000007: process/es; f) Consensus on the involvement of NGOs/CSOs; g)
p.000007:
p.000009: 9
p.000009:
p.000009:
p.000009:
p.000009:
p.000009: https://wipolex.wipo.int/en/text/414691
p.000009: Page 8 of 27
p.000009:
p.000009: WIPOLex
p.000009: 4/6/20,
p.000009: 6(04 PM
p.000009:
p.000009: Validation of the members of the FPIC Team representing the community; h) Presentation of the agreed WFP; i) Option,
p.000009: selection and invitation of independent expert/s to conduct EIA or give their expert opinions; j) Arrangements for
p.000009: conflict/dispute resolution mechanisms by the chosen/elected IP Elders/Leaders; k) Date and place of Second community
p.000009: assembly; and l) Other matters that may be necessary and pertinent.
p.000009: The Second Community Assembly shall be held on a date and place within the AD decided upon during the First community
p.000009: assembly. In this assembly, the following shall be taken up or undertaken:
p.000009: 1. Presentation by the applicant of the plan, program, project or activity that it seeks to undertake. The presentation
p.000009: shall include: a) The Operation Plan and the scope and extent of the proposal; b) The cost and benefits of the proposal
p.000009: to the ICC/IP and their ancestral domains; c) The perceived disadvantages or adverse effects to the community; and d)
p.000009: The measures adopted by the applicant to avoid or mitigate these;
p.000009: 2. Sharing by an expert/s, if engaged or invited, to include presentation of the result of the EIA if available, expert
p.000009: opinion/s on any aspect, recommendation/s, and identification of affected area/s;
p.000009: 3. Remarks or inputs of other stakeholders, e.g. concerned NGAs, LGUs, NGO, IPO;
p.000009: 4. Open forum to give the ICCs/IPs the chance to ask questions and to speak out their concerns relative to the
p.000009: presentations and the project; and
p.000009: 5. Other important matters that are agreed upon during the assembly.
p.000009: If it becomes obvious or apparent that there are other ancestral domain/s that are affected, the FPIC process shall be
p.000009: undertaken in such area/s, either in one process or separately, depending on the obtaining facts and circumstances and
p.000009: the decision of the people of such affected area/s.
p.000009: Towards the end of the Second community assembly, the ICCs/IPs shall be left alone to agree on their decision-
p.000009: making/consensus-building schedules and when to come out with their decision. This activity must not be undertaken less
p.000009: than ten (10) days from the date of the Second community assembly and must be completed within a reasonable time but
p.000009: not more than two (2) months thereafter.
p.000009: Following the Second Community assembly shall be the consensus-building period. This is the period when the ICCs/ IPs
p.000009: shall proceed to consult among themselves, employing their own traditional consensus-building processes, to further
p.000009: understand and discern the merits/advantages and demerits/disadvantages of the proposal in order to intelligently
p.000009: arrive at a consensus. Except for NCIP representatives who shall document the proceedings, the applicant and
p.000009: non-members of the IP community are strictly enjoined from participating in the consensus-building activity or
p.000009: interfering in any manner in the decision making process. Non-IPs or migrant IPs who are residents of the AD may only
p.000009: participate if allowed by the AD owners in accordance with their customs and traditions, provided however, that the
p.000009: permission be made in writing and signed by the authorized elders/leaders.
p.000009: When the ICCs/IPs are already ready with their decision or consensus, the duly authorized Community Elders/Leaders
p.000009: shall communicate to the FPIC Team such consensus. If it appears to be favorable, the FPIC Team shall immediately
p.000009: notify the proponent and the community representatives for the negotiation of the terms and conditions that shall be
p.000009: embodied in the MOA. Once the parties agree on the terms and conditions, the MOA is forthwith drafted in the vernacular
p.000009: and English or vice versa. Thereafter, a validation assembly shall be convened within the AD, at which
p.000009:
p.000010: 10
p.000010:
p.000010: time the MOA provisions shall be explained to the community by the FPIC Team in a language that they speak and
p.000010: understand. After having understood the contents and implications of the MOA, the community may confirm the same. After
p.000010: confirmation, the same shall be forthwith signed by the authorized signatories of both parties. The negotiation of the
p.000010: terms and conditions and the signing by the duly authorized representatives of the proponent and the ICCs/IPs must be
p.000010: done within the AD. Along with the finalization of the MOA, the Resolution of Consent of the community shall also be
p.000010: prepared, signed and released.
p.000010: If the consensus is not favorable, the Resolution of Non-consent shall be prepared, signed and released.
...
p.000016: Once concurred, the same shall be endorsed to the Chairperson for confirmation. Otherwise, the Regional Director shall
p.000016: return the documents to the applicant/petitioner.
p.000016: Even if an activity is covered under Sections 39, 40, 41, and 42, the NCIP may exercise its injunctive powers upon a
p.000016: written complaint of any member of the affected community to enjoin the conduct or continued implementation of the
p.000016: program, project, plan or activity in order to safeguard the rights and interests of the community. (34a)
p.000016:
p.000016:
p.000016: Section 44. Emergency Cases. Where the conduct of plans, projects or activities of the government or any civic,
p.000016: religious, or similar organizations within ancestral domains is in response to emergency situations involving public
p.000016: order, health, security or safety including military operations within ancestral domain areas when made in connection
p.000016: with hot pursuit operations, securing vital government installations, programs and projects against clear and imminent
p.000016: danger FPIC shall not be required.
p.000016: Section 45. Regulation of Entry of Migrants and Other Entities. All migrants and other entities must first secure the
p.000016: express permission of the community’s Council of Elders/Leaders who shall, in accordance with their consensus building
p.000016: process, community practices, customs and traditions and upon the free and informed prior consent of the community
p.000016: members agree to accept such migrant or entity within the domains, subject to the following conditions:
p.000017: 17
p.000017:
p.000017: a. Said persons and entities can be allowed to perform activities as are expressly authorized and which are not
p.000017: inimical to the development of the ancestral domains and cultural integrity of the ICCs/IPs, and
p.000017: b. The ICCs/IPs shall maintain the right to impose penalties for violations of the conditions in accordance with their
p.000017: customary laws.
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 16 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017: Section 46. FPIC of Resettled/Relocated or Displaced ICCs/IPs Within Public Domains. A group or a community of ICCs/IPs
p.000017: occupying a portion of public domain, whether as a result of a resettlement or relocation project of the government or
p.000017: as a result of displacement, has the right under Section 7, paragraphs
p.000017: (c) and (d) of the IPRA to be provided with lands of quality and legal status at least equal to that of the land
p.000017: previously occupied by them suitable to provide for their present needs and future development; hence, the said
p.000017: ICCs/IPs shall not be treated as migrants and can likewise exercise their right to FPIC.
p.000017: Section 47. FPIC Rights of Resettled, Displaced and Relocated IPs as well as Migrant IPs Living in Co-existence with
p.000017: the Original IPs within the Domain. In a particular ICC/IP community where there exists resettled, displaced and
p.000017: relocated IPs or migrant IPs mingled or in co-existence with the owners of the AD, the right to FPIC of the resettled,
p.000017: displaced and relocated or migrant IPs will depend on the custom, practice or tradition of the owners of the AD
p.000017: allowing or disallowing the exercise thereof. Whether allowed or not allowed by the owners of the AD to participate in
p.000017: the FPIC proceedings, they shall likewise be entitled to the benefits by virtue of the MOA and to compensation for
p.000017: damages, loss or injury to them or their properties. The obligation to compensate the resettled, displaced and
p.000017: relocated IPs or migrant IPs of what is rightfully due them shall be recognized by the applicant in writing either in
p.000017: the MOA or in a separate undertaking made as an integral part of the MOA. (38)
p.000017: Section 48. Small Scale Quarry Approved by the Local Government Unit (LGU). The CP for small-scale quarries, whose
p.000017: permits are issued by Local Government Units (LGUs) shall be issued by the concerned Regional Director with the
p.000017: concurrence of the concerned Regional Ethnographic Commissioner and affirmation by the NCIP Chairman. A copy of the CP
p.000017: shall be furnished to ADO, the concerned Provincial Officer or CSC Head, as the case may be.
p.000017: Section 49. Community-Initiated or Solicited Research. Research activities solicited, commissioned or conducted by the
p.000017: concerned ICC/IP themselves to be undertaken within or affecting the ancestral domain, shall be governed by the
p.000017: Guidelines on IKSP/Customary Law research and documentation.
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 17 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017:
p.000017: PART VII
p.000017: EXERCISE OF PRIORITY RIGHTS
p.000017: .
p.000017:
p.000017:
p.000017: Section 50. Steps in the Declaration of EPR by the ICCs/IPs. In the
p.000017: declaration of the EPR by a particular ICC/IP community, the following must be observed:
p.000017: 1. Community Assembly. A community assembly of all members of the concerned ICC/IP community shall be held, at the
p.000017: community’s own initiative and expense, with notice to NCIP.
p.000017: For purposes of this Guidelines, the community assembly of all members shall be deemed sufficient and shall proceed
p.000017: after complying with the following rules:
p.000017:
p.000018: 18
p.000018:
...
Political / nomad
Searching for indicator nomadic:
(return to top)
p.000005:
p.000005: Section 13. Commencement and Conduct of the FBI. The Team shall commence the FBI within ten (10) days from date of
p.000005: deposit/payment of the FBI fee and must be completed within ten
p.000005: (10) working days from actual commencement except when delayed by reason of fortuitous event or force majeure.
p.000005: The FBI Team shall submit its report in accordance with Section 9 of this Guidelines. Should it be apparent from the
p.000005: report that an AD shall be affected by the proposed project, the RD shall immediately mobilize the FPIC team,
p.000005: otherwise, a CNO shall be issued pursuant to Section 15 of this Guidelines.
p.000005: Section 14. Contents of the Field-Based Investigation Report. The FBI report must contain a narrative of what
p.000005:
p.000005: https://wipolex.wipo.int/en/text/414691
p.000005: Page 5 of 27
p.000005:
p.000005: WIPOLex
p.000005: 4/6/20,
p.000005: 6(04 PM
p.000005:
p.000005: transpired during the ground or field investigation; findings and recommendations; and the pertinent attachments, in a
p.000005: standard pro forma form to be devised by ADO after consultation with field offices. The report shall be signed, under
p.000005: oath, by the team leader and members.
p.000005:
p.000005:
p.000005: Section 15. Certificate of Non-Overlap; When Issued. When the area is patently and publicly known to be outside any AD,
p.000005: or the activity is determined, after FBI, not to affect an AD, the Regional Director, with the concurrence of the
p.000005: concerned Commissioner, shall issue a CNO, provided however, that the applicant shall execute an undertaking for the
p.000005: conduct of FPIC should it be discovered later that there is, in fact, an overlap with an AD, provided further, that
p.000005: special attention shall be given to ICCs/IPs who are shifting cultivators or traditionally nomadic so as not to
p.000005: prejudice their rights as such.
p.000005: Section 16. The FPIC Team. The FPIC Team in each province with provincial office, to be constituted by the Regional
p.000005: Director, shall be composed of the following:
p.000006: 6
p.000006:
p.000006: 1) The Provincial Officer, as Team Leader;
p.000006: 2) The Provincial Legal Officer;
p.000006: 3) One (1) Engineer from the Provincial or Regional Office,;
p.000006: 4) The head of the FBI Team; and
p.000006: 5) Two (2) IP elders/leaders selected by the community in the first assembly.
p.000006: In provinces without provincial office, the Regional Director shall, constitute the FPIC Team to be led by the CSC Head
p.000006: and with members from the same service center to be augmented from personnel of the Regional Office and/or nearby
p.000006: Provincial Office, and two (2) community elders/leaders selected by the community.
p.000006: Substitution, re-arrangement, augmentation of membership in/of the FPIC Team may be done for good and valid reasons,
p.000006: upon the recommendation of the Provincial Officer or CSC Head, as the case may be, with the approval of the Regional
p.000006: Director.
p.000006: The Regional Director, Chief of the Technical Management and Services Division (TMSD) the Regional Attorney, and the
p.000006: Regional Hearing Officer, shall in no case be part of the Team.
p.000006:
p.000006:
p.000006: Section 17. Duties and Functions of the FPIC Team. The FPIC Team shall perform the following functions:
p.000006: a. Convene, with prior notice, the First general assembly to validate the following: (1) FBI Report; (2) Identity of
...
Political / political affiliation
Searching for indicator party:
(return to top)
p.000012: action, otherwise he may direct appropriate action by the RRT or the FPIC Team before he makes his endorsement to the
p.000012: ADO.
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012: https://wipolex.wipo.int/en/text/414691
p.000012: Page 11 of 27
p.000012:
p.000012: WIPOLex
p.000012: 4/6/20,
p.000012: 6(04 PM
p.000012:
p.000012: Section 29. Inaction. The inaction of the applicant within six (6) months from the last FPIC activity, without
p.000012: justifiable reason, shall be a ground for a termination of the FPIC process to be declared by the Regional Director
p.000012: with notice to the applicant.
p.000012: Section 30. Dormant Certification Precondition. If no activity is undertaken by the proponent within a year from the
p.000012: approval/issuance of permit, the CP is considered dormant and thus, upon the report of the Regional Director, the
p.000012: Chairperson shall issue a show cause order directing applicant/proponent why the CP should not be cancelled. Failure of
p.000012: applicant to comply within a non-extendible period of fifteen (15) working days from receipt of the order, or to show
p.000012: justifiable reason, the CP shall be cancelled by Resolution of the Commission, with notice to the concerned regulatory
p.000012: agency, proponent, and the ICCs/IPs.
p.000012: PART V MEMORANDUM OF AGREEMENT
p.000012: Section 31. Preparation of the Memorandum of Agreement (MOA). When the consent of the concerned community is obtained,
p.000012: the terms and conditions agreed upon shall be embodied in a MOA to be executed between and among the ICC/IPs, the
p.000012: applicant/proponent, the NCIP, and any other party that may be necessarily involved.
p.000013: 13
p.000013:
p.000013: The MOA shall be prepared by the FPIC Team strictly in accordance with what has been agreed upon by the parties,
p.000013: written in the language or dialect of the ICCs/IPs concerned, and thereafter translated into English and/or Pilipino.
p.000013: The drafting shall be the primary obligation of the Legal Officer of the concerned provincial office. In his/her
p.000013: absence the Regional Director shall designate the Legal Officer from another province to assist the FPIC Team.
p.000013:
p.000013:
p.000013: Section 32. Contents of MOA. The MOA shall include, but shall not be limited to, the following:
p.000013: a. Detailed benefit-sharing provisions in accordance with rules and regulations [i.e. not less than 1% royalty under
p.000013: mining act];
p.000013: b. Development projects based on the development priorities of the community;
p.000013: c. Monitoring of the implementation MOA to be implemented by NCIP in partnership with LGUs and CSOs. This undertaking
p.000013: shall be paid for by the company;
p.000013: d. Mitigation and resettlement plans for potential risks ;
p.000013: e. Redress mechanisms;
p.000013: f. Clause on the non-transferability of the MOA;
p.000013: g. Clause for renegotiation of the economic provisions;
p.000013: h. Whether the concerned ICCs/IPs shall require another FPIC to be conducted in case of merger, reorganization,
p.000013: transfer of rights, acquisition by another entity, or joint venture;
p.000013: i. List of responsibilities of the company and the affected community j. Inclusive dates/duration of agreement;
p.000013: k. Other than what has already been granted by law, the benefits to be derived by the host ICC/IPs indicating the type
...
p.000013: mangroves, wildlife sanctuaries, forest cover, and the like;
p.000013: p. Responsibilities of the applicant as well as the host IP community;
p.000013: q. The monitoring and evaluation system of the MOA, to include submission of reports and creation of monitoring teams;
p.000013: r. Remedies and/or penalties for non-compliance or violation of the terms and conditions which includes applicability
p.000013: of customary laws and imposition of sanction/s;
p.000013: s. Deposit of cash or surety bond mentioned pursuant to Section 23 hereof;
p.000013: t. Provision to render assistance in the event of calamities/disasters in the community;
p.000013: u. Provision to undertake a new FPIC Process in case of mining activities, after the exploration stage;
p.000013: v. Provision on the effects of dormant Certification Precondition;
p.000013: w. Membership of proponent in organizations requiring ethical standards in a particular line of activity; and
p.000013: x. Other requirements provided in this Guidelines.
p.000013: Corporate Social Responsibility (CSR) or Social Development and Management Projects (SDMP) required under existing laws
p.000013: shall not be considered as part of benefits enumerated above.
p.000013:
p.000014: 14
p.000014:
p.000014:
p.000014: Section 33. Signatories to the MOA. The signatories of the MOA shall be:
p.000014: a. Elders/leaders or their alternates who have been identified during the validation and authorized by the community to
p.000014: sign;
p.000014: b. For corporations, partnerships or single proprietorship entities, the authorized officers, representatives, or
p.000014: partners per Board Resolution; and
p.000014: c. The Chairperson shall sign the MOA in behalf of the NCIP as Third Party. For projects where the Regional Director is
p.000014: authorized by this Guidelines to issue the corresponding certification precondition, the MOA shall be signed by him/her
p.000014: in behalf of the NCIP as Third Party.
p.000014:
p.000014:
p.000014: Section 34. MOA Signing. The signing of the MOA shall be done within the affected ancestral domain by those duly
p.000014: authorized, during a general assembly called for the purpose, after its contents is fully read aloud and explained by
p.000014: the FPIC Team, and understood and affirmed by the community. Should there be need for any change/s, the FPIC team shall
p.000014: make the appropriate revision or amendment to the satisfaction of the community assembly.
p.000014: Signing by those duly authorized may be done through actual writing/signing or the affixing of thumb marks, provided
p.000014: however, that in case of the latter, a member of the community who is able to read and write shall sign as an
p.000014: instrumental witness. Those authorized to sign in behalf of the community, including instrumental witnesses, shall
p.000014: thereafter present themselves before a notary for the appropriate notarial acknowledgment.
p.000014:
p.000014:
p.000014: Section 35. Final Review of the MOA by the Legal Affairs Office. The MOA shall be reviewed by the Legal Affairs Office
p.000014: (LAO) prior to the endorsement of the FPIC report by ADO to the Commission. The legal advisory of the LAO shall form
p.000014: part of the FPIC Report of ADO.
p.000014: In cases where the Regional Director is authorized to issue the CP, the MOA shall be reviewed by the Regional Legal
p.000014: Officer or any Legal Officer who has not participated in any stage of the FPIC Process.
p.000014:
p.000014:
p.000014:
p.000014:
p.000014: https://wipolex.wipo.int/en/text/414691
p.000014: Page 13 of 27
p.000014:
p.000014: WIPOLex
p.000014: 4/6/20,
p.000014: 6(04 PM
p.000014:
p.000014:
p.000014: Section 36. Non-transferability of Free and Prior Informed
p.000014: Consent. The consent of the ICCs/IPs for a particular proposal shall not be transferable except in cases of merger,
p.000014: reorganization, transfer of rights, acquisition by another entity, or joint venture, to any other party, and the same
p.000014: is provided in the MOA: Provided, however, That the transferee shall assume the obligations of the transferor,
p.000014: otherwise another FPIC will be required. The transferee may improve the terms and conditions of the MOA affording or
p.000014: providing greater benefits for the ICCs/IPs other than those stated in the MOA, or may propose other terms and
p.000014: conditions that would uphold the interest and welfare of the concerned IP community. Such change/improvement in the MOA
p.000014: shall bear the approval of the Commission pursuant to this Rule.
p.000014: In the circumstances mentioned in the immediately preceding paragraph, the transferee is required to execute a formal
p.000014: undertaking, with notice to the representatives of the ICCs/IPs concerned, that upon the effectivity of the new set-up
p.000014: or relation brought about by the foregoing circumstances, the transferee shall faithfully comply with the terms and
p.000014: conditions of the MOA and that they shall observe and assume all the obligations stipulated in the said MOA. In this
p.000014: connection, it shall be the responsibility of the transferor to inform transferee of the existence of MOA before the
p.000014: perfection of the new set-up or relation. Likewise it shall be the duty of the transferee to inform, in writing, the
p.000014: ICCs/IPs concerned and NCIP of the impending merger, reorganization, transfer, acquisition, or joint venture and shall
p.000014: be required to submit the necessary documents required under Section 7 of this Guidelines to ADO and to the
p.000014: representative of the ICCs/IPs concerned.
p.000014:
p.000015: 15
p.000015:
p.000015: The preceding paragraphs shall not apply when it is expressly provided in the MOA that a new FPIC is required in the
p.000015: event of merger, reorganization, transfer of rights, acquisition by another entity, or joint venture.
p.000015:
p.000015:
p.000015: Section 37. Complaints Related to the Memorandum of Agreement. Any complaint involving the interpretation and
p.000015: implementation of the MOA shall be resolved first in the community using their traditional conflict resolution process.
p.000015: If the complaint is not resolved using the customary system, the complaint shall be filed with the appropriate NCIP
p.000015: Regional Hearing Office (RHO) for disposition. The decision of the RHO may be appealed in accordance with the
p.000015: provisions of Administrative Circular No. 1, Series of 2003.
p.000015: Section 38. Applicability of Customary Laws and Imposition of Sanctions for Violation of the Terms of the MOA. Any
p.000015: person/party who willfully violates or fails to comply with his duty or obligation under the provisions of the MOA may
p.000015: be held liable in accordance with the customary laws and practices of the host or concerned ICC/IPs and sanctions may
p.000015: be imposed in accordance therewith: Provided, That the sanctions are not excessive, cruel and degrading, and without
p.000015: prejudice to the exhaustion of conciliation and mediation efforts by the NCIP, and the exercise of the latter’s
p.000015: visitorial and injunctive powers. This is without prejudice to any action that any person or the community may take
p.000015: before the proper courts for the enforcement of civil, criminal or administrative liability.(48)
p.000015:
p.000015:
p.000015: PART VI OTHER PROCESSES
p.000015:
p.000015:
p.000015:
p.000015:
p.000015:
p.000015: https://wipolex.wipo.int/en/text/414691
p.000015: Page 14 of 27
p.000015:
p.000015: WIPOLex
p.000015: 4/6/20,
p.000015: 6(04 PM
p.000015:
p.000015:
p.000015: Section 39. Community-Solicited or Initiated Activities.
p.000015: Programs, projects and activities solicited or initiated by the concerned ICCs/IPs themselves where the activity is
p.000015: strictly for the delivery of basic services to be undertaken within or affecting the ancestral domain, do not require
p.000015: compliance with the FBI/FPIC requirement as provided in this Guidelines, however, they shall be subjected to a
p.000015: validation process where the following shall be determined:
p.000015: a. The ICC, in fact, voluntarily solicited or initiated the plan, program, project or activity to be undertaken;
p.000015: b. The plan, program, project or activity conforms with the community’s ADSDPP or in the absence of the ADSDPP, the
p.000015: concerned community considers the same to form part already of the ADSDPP that they will formulate in the future;
...
p.000024: order of the Regional Director and the former will be proceeded against criminally and/or administratively in
p.000024: accordance with the Civil Service Rules and Regulations on discipline.
p.000024: Commission of any of the prohibited acts by or attributable to the NCIP Regional Director or the ADO Director shall,
p.000024: upon
p.000024:
p.000024: https://wipolex.wipo.int/en/text/414691
p.000024: Page 24 of 27
p.000024:
p.000024: WIPOLex
p.000024: 4/6/20,
p.000024: 6(04 PM
p.000024:
p.000024: finding of prima facie evidence, after hearing, immediately divest him/her of his/her authority to be part of the
p.000024: proceedings upon order of the Commission. In addition, the Commission shall file the necessary Criminal and
p.000024: Administrative Charges against the erring officer.
p.000024: d) Prohibited acts committed by any officer or employee of any Government Agencies (GAs) /Local Government Units (LGUs)
p.000024: will be proceeded against, and proper sanction shall be imposed, in accordance with existing laws, rules and
p.000024: regulations.
p.000024: e) Prohibited acts committed by any member of NGOs and other groups or individuals shall be a ground for a warning,
p.000024: contempt or exclusion from the FPIC proceedings applying the Commission’s subpoena and contempt powers.
p.000024: f) Commission of any of the prohibited acts by or attributable to the IPs/ICCs/Elders/Leaders shall be first subjected
p.000024: to customary laws of the affected community. When there is no relief, a complaint may be filed by the aggrieved party
p.000024: with the RHO for the enforcement of the decision made under customary laws or for the award of damages. In no case
p.000024: shall the RHO issue an order or judgment for the suspension of the FPIC proceedings or for the non-issuance of the
p.000024: certificate applied for, or if already issued, an order or judgment for its revocation.
p.000024:
p.000024:
p.000024: Section 67. Jurisdiction of Regional Hearing Officer on FPIC Controversies. Violations of the requirement of FPIC under
p.000024: this Administrative Order shall be dealt with accordingly. For this purpose, cases involving violations of the
p.000024: requirement of FPIC which are within the original and exclusive jurisdiction of the Regional Hearing Officer as
p.000024: provided under Administrative Circular No.1, Series of
p.000024: 2003 shall refer only to cases where the plan, program, project or activity was implemented without the required FPIC.
p.000024:
p.000024:
p.000024: Section 68. Hearing of Complaints before Application is Endorsed to ADO. Prior to the endorsement of the FPIC
p.000024: application to the ADO, or issuance by the Regional Director of the CNO, all complaints involving irregularities in the
p.000024: implementation of this Guidelines, including commission of any of the prohibited acts shall be filed with the concerned
p.000024: Regional Director, copy furnished the FBI/FPIC Team
p.000025: 25
p.000025:
p.000025: leader. Within ten (10) days from receipt of the complaint, the FBI/FPIC Team shall submit its answer thereto. The
p.000025: complaint shall be resolved by the Regional Director within ten (10) days from receipt of the answer or expiration of
p.000025: the period for filing thereof. The resolution shall address the irregularity or in case of commission of prohibited
p.000025: acts, recommend to the Commission to impose appropriate sanctions.
p.000025: No motion for reconsideration shall be allowed. The remedy of the aggrieved party is to file a petition pursuant to
p.000025: Section 71 hereof within ten (10) days from receipt of the decision of the Regional Director. The aggrieved party must
p.000025: be furnished by the Regional Director a copy of the decision on the very date that the decision is rendered.
p.000025: The filing of the administrative complaint shall not, as far as practicable, stop the FPIC process or of the processing
p.000025: of the application unless the sanction calls for it.
p.000025:
p.000025:
p.000025: Section 69. Hearing of Complaints after Application is Endorsed to ADO
p.000025: /Certification Issued. After the FPIC application is endorsed to the ADO, or after the concerned Regional Director
p.000025: issues the CNO, all petitions involving irregularities in the implementation of this Guidelines or those involving the
p.000025: commission of prohibited acts shall be filed with the Commission through the Clerk of the Commission, in nine (9)
p.000025: copies, with the original copy indicated as such, copy furnished the concerned Regional Director. The petition must be
p.000025: verified and accompanied by
p.000025: sworn affidavits of witnesses, other evidence and a certification of non-forum shopping executed in accordance with the
p.000025: requirements of the Rules of Court.
p.000025:
p.000025:
p.000025: https://wipolex.wipo.int/en/text/414691
p.000025: Page 25 of 27
p.000025:
p.000025: WIPOLex
p.000025: 4/6/20,
p.000025: 6(04 PM
p.000025:
p.000025: Section 70. Transmittal of Records and Comment. Upon the filing of the petition, the Clerk of the Commission shall,
p.000025: within three (3) days, direct the ADO to forward the records of the FPIC application to the Office of the Clerk of the
p.000025: Commission or the Regional Director to forward the CNO together with all accompanying documents within ten (10) days
p.000025: from receipt of the directive. Within ten (10) days from receipt of a copy of the petition, the concerned Regional
...
Searching for indicator political:
(return to top)
p.000001:
p.000001: 1
p.000001:
p.000001:
p.000001: Section 3. Declaration of Policy.
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: https://wipolex.wipo.int/en/text/414691
p.000001: Page 1 of 27
p.000001:
p.000001: WIPOLex
p.000001: 4/6/20,
p.000001: 6(04 PM
p.000001:
p.000001: a) The FPIC actualizes and strengthens the exercise by ICCs/IPs of their rights to Ancestral Domains, Social Justice
p.000001: and Human Rights, Self- Governance and Empowerment, and Cultural Integrity;
p.000001: b) The right of ICCs/IPs to the management, development, use and utilization of their land and resources within their
p.000001: own ancestral domains shall be given utmost regard;
p.000001: c) No concession, license, permit or lease, production-sharing agreement, or other undertakings affecting ancestral
p.000001: domains shall be granted or renewed without going through the process laid down by law and this Guidelines.(a3)
p.000001:
p.000001:
p.000001: Section 4. Operating Principles. In the implementation of this Guidelines, the following operating principles shall be
p.000001: observed:
p.000001: a. Empowerment. The ICCs/IPs shall freely pursue their economic, social and cultural development through their
p.000001: participation in decision-making, determination of priorities, as well as the practice of their justice system and
p.000001: peace-building processes.
p.000001: b. Consensus-Building and Decision-Making Process. The ICC/IPs shall participate in the decision-making processes
p.000001: primarily through their indigenous socio-political structures. They shall likewise affirm the decisions of their duly
p.000001: authorized representatives.
p.000001: c. Peace-Building. The decision-making of the ICCs/IPs in the conduct of the FPIC is a measure to promote peace,
p.000001: harmony, understanding, unity and security.
p.000001: d. Cultural Integrity. In the implementation or operation of plans, programs, projects or activities in Ancestral
p.000001: Domains, due regard must be given not only to the physical environment but the total environment including the
p.000001: spiritual and cultural bonds to the areas.
p.000001: e. Inter-generational Responsibility. The indigenous concept of ownership sustains the view that ancestral domains are
p.000001: considered community property which belong to all generations and therefore cannot be sold, disposed or destroyed. The
p.000001: ICCs/IPs shall have priority rights to manage and pursue sustainable and responsible development plans, programs,
p.000001: projects or activities within their ancestral domain.
p.000001: f. Primacy of Customary Law. In the conduct of FBI, FPIC, and other processes provided under this Guidelines, including
p.000001: but not limited to dispute resolutions in relation thereto, the primacy of customary law and decision-making processes
p.000001: as determined by the ICCs/IPs shall be observed and adhered to.
p.000001: g. Transparency and Clarity. The processes under this Guidelines shall be transparent to all stakeholders. The
p.000001: applicant shall make a full and accurate disclosure of information concerning the proposed program, project or activity
p.000001: in a manner that is both accessible and understandable to the concerned community.
...
p.000002: and its IRR, the following are defined thus:
p.000002: a. Ancestral Domain Sustainable Development & Protection Plan (ADSDPP). Refers to the consolidation of the plans of
p.000002: ICCs/IPs within an ancestral domain for the sustainable management and development of their land and natural resources
p.000002: as well as the development of human and cultural resources based on their indigenous knowledge systems and practices.
p.000002: b. Area Affected. It refers to area/s in the ancestral domain which will be overlapped or affected by the proposed
p.000002: plan, program, project or activity, including areas that will sustain effects or impact to be determined by the FBI
p.000002: Team.
p.000002: c. Bio-prospecting. The research, collection, and utilization of biological and genetic resources and substances, with
p.000002: the view of applying the knowledge derived therefrom for medicinal, commercial and other purposes.
p.000002: d. Certificate of Non-Overlap (CNO). It refers to the Certificate issued by the NCIP attesting to the fact that the
p.000002: area where the particular plan, program, project or activity will be done does not overlap with, or affect, any
p.000002: ancestral domain.
p.000002: e. Certification Precondition (CP). It refers to the Certificate issued by the NCIP, signed by the Chairperson,
p.000002: attesting to the grant of FPIC by the concerned ICCs/IPs after appropriate compliance with the requirements provided
p.000002: for in this Guidelines.
p.000002: f. Consensus-Building. It refers to that part of the decision-making process undertaken by the ICCs/IPs through their
p.000002: indigenous socio-political structures and practices in arriving at a collective/communal decision.
p.000002: g. Environment Impact Statement (EIS). It is the document which aims to identify, predict interpret, and communicate
p.000002: information regarding changes in environmental quality associated with a proposed project and which examines the range
p.000002: of alternatives for the objectives of the proposal and their impact on the environment.
p.000002: h. Extractive or Large Scale Activities. These refer to the activities enumerated in Sec. 19 of this Guidelines.
p.000002: i. Field-Based Investigation (FBI). It refers to the ground investigation undertaken to determine whether or not the
p.000002: plan,
p.000002:
p.000002:
p.000002: https://wipolex.wipo.int/en/text/414691
p.000002: Page 2 of 27
p.000002:
p.000002: WIPOLex
p.000002: 4/6/20,
p.000002: 6(04 PM
p.000002:
p.000002: program, project or activity overlaps with, or affects, an ancestral domain, the extent of the affected area, and the
p.000002: ICCs/IPs whose FPIC is to be obtained.
p.000002: j. Indigenous elder/leader. An indigenous elder/leader emerges from the dynamics of customary laws and practices; they
p.000002: evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs. They are recognized as
p.000002: authority in conflict resolution and peace-building processes, on spiritual rites and ceremonies and in doing so,
p.000002: possess the attributes of wisdom and integrity. They lead and assist the community in decision- making processes
p.000002: towards the protection and promotion of their rights and the sustainable development of their ancestral domains.
p.000002:
p.000003: 3
p.000003:
...
Health / Drug Usage
Searching for indicator influence:
(return to top)
p.000022: 1) Employment or use of force, threat, coercion, intimidation, at any degree or in any manner, including those done by
p.000022: individuals or group of persons acting for the applicant;
p.000022: 2) Bringing of firearm/s in the community during visits by the applicant or
p.000022: group of persons acting for the applicant. When needed, armed security shall be obtained from local police authorities
p.000022: or the AFP as requested by NCIP;
p.000022: 3) Bribery or promise of money, privilege, benefit or reward other than what is presented by the applicant during the
p.000022: consultative community assembly/first meeting [Sec. 22 and 24] with the elders/leaders;
p.000022: 4) Clandestine or surreptitious negotiations with IP individuals, some members of the community concerned or leaders
p.000022: done, without the knowledge of the council of elders, leaders or majority of members of the community;
p.000022: 5) Donations to the community or to any of its members for the purpose of influencing the decision of the ICCs/IPs.
p.000022: 6) Holding of unauthorized meetings such as but not limited to wining and/or dining sessions, and the like or such
p.000022: other activities with the NCIP Official and personnel and/or members of the affected community, with the intention of
p.000022: unduly influencing the result of the FPIC process.
p.000022: 7) Deliberately delaying the progress of the FPIC process which cause division among the concerned ICCs/IPs.
p.000022: b. By the NCIP Officer or Employee:
p.000022: 1. Acceptance or receipt of money, gifts or other valuable thing from the applicant intended to unduly influence the
p.000022: outcome of the FPIC process;
p.000022: 2. Consorting with the applicant or with any person connected to or mediating for the latter intended to unduly
p.000022: influence the outcome of the FPIC process;
p.000022: 3. Deliberate failure to act appropriately on complaints coming from the community concerning prohibited acts committed
p.000022: by the applicant or the latter’s representatives;
p.000022: 4. Gross negligence or deliberate omission to perform his duty required of him by this Guidelines;
p.000022: 5. Acting on or performing his duty in consideration of any offer, promise of future reward, privilege or benefit from
p.000022: the applicant;
p.000022: 6. Undue interference in the work of the FBIT/ FPICT/ RRT or doing the latter’s work without being a member thereof;
p.000022: 7. Use of falsified narration of facts in reports, attachments or any supporting documents in the reports submitted
p.000022: with respect to FBI, and all other necessary documents covered by the FPIC;
p.000022: 8. Holding of unauthorized meetings such as but not limited to wining and dining drinking sessions, and the like or
p.000022: such other activities with the applicant and/or members of the affected community, with the intention of unduly
p.000022: influencing the result of the FPIC process in favor of the applicant; and
p.000022:
p.000023: 23
p.000023:
p.000023:
p.000023: https://wipolex.wipo.int/en/text/414691
p.000023: Page 23 of 27
p.000023:
p.000023: WIPOLex
p.000023: 4/6/20,
p.000023: 6(04 PM
p.000023:
p.000023: 9. Demanding or receiving from the applicant, IP community, or support institutions like NGOs, government agencies and
p.000023: institutions money, or any gift, donation or other valuable thing outside the approved work and financial and/or
p.000023: supplemental plan for the conduct of FBI and FPIC processes.
p.000023: Any other acts or omission by NCIP officer or employee punishable or prohibited under any existing laws, rules and
p.000023: regulations governing public officers/employees.
p.000023:
p.000023: c. By the IP Community or Member and/or Elders/Leaders
p.000023:
p.000023: 1) Solicitation and acceptance or receipt of gifts, money or other valuable things from the applicant intended to
p.000023: unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 2) Consorting with the applicant or with any person connected to or mediating
p.000023: for the latter intended to unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 3) Negotiating or mediating or transacting business with the applicant without proper authority from the affected
p.000023: ICC/IP; and
p.000023: 4) Giving or promising to give his consent in consideration of any offer,
p.000023: promise, future reward, privilege or benefit from the applicant other than what has been provided for or explained by
p.000023: the applicant to the Council of Elders or Leaders and community members during the consultation meetings.
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
p.000023:
p.000023: Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the parties are given the opportunity
p.000023: to be heard, as follows:
p.000023: a) Grave Violations. Commission of any of the prohibited acts by the applicant/s considered grave violations shall
p.000023: constitute a ground for the non-issuance of the certificate applied for.
p.000023: The violation is considered grave when the commission of the prohibited act is intentional and has resulted to loss of
p.000023: life or serious damage to property of an IP member of the community, committed by means of, but not limited to,
...
Health / Motherhood/Family
Searching for indicator family:
(return to top)
p.000015: the community;
p.000015: d. The parties acknowledge their obligations; or
p.000015: e. The plan, program, project or activity is for the delivery of basic services or livelihood projects involving
p.000015: community.
p.000015:
p.000015:
p.000015: Section 40. Projects, programs and activities undertaken by NCIP by itself or in cooperation with other government
p.000015: agencies and LGU Projects. Projects, programs and activities undertaken by NCIP itself or in cooperation with other
p.000015: government agencies and LGU projects shall also be validated to determine if they coincide or complement with the
p.000015: development priorities of the community and will not in any way adversely affect their well- being.(n)
p.000015: Section 41. Foreign Funded Project Undertaken in Cooperation with the NCIP. NCIP may enter into cooperation with
p.000015: foreign funding agencies for projects involving delivery of basic services or for the promotion of economic and
p.000015: sustainable
p.000016: 16
p.000016:
p.000016: development, in which case, the requirements of FPIC may be dispensed with and that only validation under the preceding
p.000016: sections of this Guidelines may suffice. Projects undertaken by international funding agencies or institutions by
p.000016: themselves or in cooperation with non-government organizations or institutions shall, however, be subject to the
p.000016: appropriate FPIC process as provided in the applicable provisions of this Guidelines or other pertinent NCIP
p.000016: Guidelines.
p.000016:
p.000016:
p.000016: Section 42. Exercise of Traditional Resource-Use Rights. Gathering, hunting and such other traditional use by members
p.000016: of the ICC/IP of natural resources found within their ancestral domain including gathering of rattan and other forest
p.000016: products for family/personal consumption, subsistence and livelihood, do not require the conduct of the FPIC Process as
p.000016: provided in this Guidelines, provided, that the use shall be limited for the ICC/IPs’ traditional use. To avoid
p.000016: circumvention or abuse of this provision, the NCIP shall validate such utilization upon the complaint of any member of
p.000016: the council of elders/leaders.
p.000016:
p.000016:
p.000016: https://wipolex.wipo.int/en/text/414691
p.000016: Page 15 of 27
p.000016:
p.000016: WIPOLex
p.000016: 4/6/20,
p.000016: 6(04 PM
p.000016:
p.000016: Section 43. Objects and Process of Validation. Where validation is required in the sections 39, 40, 41, and 42 to
p.000016: determine the consent of the Community, the process shall be as follows:
p.000016: (1) The Regional Director, motu proprio or upon receipt of the written request for validation, shall constitute a team
p.000016: composed of not more than three (3) from the provincial office or CSC, as the case may be, to conduct a field
p.000016: validation;
p.000016: (2) The team shall immediately conduct the validation and thereafter submit the appropriate report, prepared under
p.000016: oath, to the Regional Director within ten (10) days from commencement thereof;
p.000016: (3) The process of validation shall be done through interviews of elders/leaders and other community members; and
p.000016: (4) If the validation yielded positive report, the Regional Director shall within three (3) days, from receipt, prepare
p.000016: the CP and validation documents to be transmitted to the concerned commissioner for concurrence, copy furnished ADO.
p.000016: Once concurred, the same shall be endorsed to the Chairperson for confirmation. Otherwise, the Regional Director shall
p.000016: return the documents to the applicant/petitioner.
...
Health / Physically Disabled
Searching for indicator physically:
(return to top)
p.000017: Section 48. Small Scale Quarry Approved by the Local Government Unit (LGU). The CP for small-scale quarries, whose
p.000017: permits are issued by Local Government Units (LGUs) shall be issued by the concerned Regional Director with the
p.000017: concurrence of the concerned Regional Ethnographic Commissioner and affirmation by the NCIP Chairman. A copy of the CP
p.000017: shall be furnished to ADO, the concerned Provincial Officer or CSC Head, as the case may be.
p.000017: Section 49. Community-Initiated or Solicited Research. Research activities solicited, commissioned or conducted by the
p.000017: concerned ICC/IP themselves to be undertaken within or affecting the ancestral domain, shall be governed by the
p.000017: Guidelines on IKSP/Customary Law research and documentation.
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 17 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017:
p.000017: PART VII
p.000017: EXERCISE OF PRIORITY RIGHTS
p.000017: .
p.000017:
p.000017:
p.000017: Section 50. Steps in the Declaration of EPR by the ICCs/IPs. In the
p.000017: declaration of the EPR by a particular ICC/IP community, the following must be observed:
p.000017: 1. Community Assembly. A community assembly of all members of the concerned ICC/IP community shall be held, at the
p.000017: community’s own initiative and expense, with notice to NCIP.
p.000017: For purposes of this Guidelines, the community assembly of all members shall be deemed sufficient and shall proceed
p.000017: after complying with the following rules:
p.000017:
p.000018: 18
p.000018:
p.000018: (a) Every household is entitled to one representative and, at least, majority of them must be physically present during
p.000018: the community assembly;
p.000018: (b) Majority of the representatives of the community identified as responsible to make decisions for the community are
p.000018: also present;
p.000018: (c) If it involves a CADT area, the representative/s identified in the claimbook or majority of them must also be
p.000018: present;
p.000018: (d) Public officials, officers or employees who are members of the community may be allowed to participate in the
p.000018: community assembly but as ordinary members, elders/leaders or community representatives, as the case may be. The
p.000018: community assembly shall take up the following, among others:
p.000018: a. Review of the population of the concerned ICC/IP community. Reference may be made to the CADT application, the
p.000018: ADSDPP formulated, and/or any other credible source of data/information;
p.000018: b. Information, Education, Consultation (IEC) on IPRA and pertinent provisions of its IRR and current NCIP guidelines;
p.000018: c. Identification of, and discussion on, the particular natural resource over which the community desires to exercise
p.000018: priority right, including its specific location; and
p.000018: d. Customary processes of arriving at a community consensus.
p.000018: 2. Community Resolution. Should the community decide to exercise their priority right, after complying with the
p.000018: foregoing, a community resolution shall be drafted, discussed, finalized and approved by a majority of all the members
p.000018: of the concerned ICC/IP community during the same assembly or in another assembly, as the case may be. The resolution
p.000018: shall, among others:
p.000018: a. Identify the specific natural resource;
p.000018: b. Delineate in detail the specific location and area where the subject natural resource is or may be found;
p.000018: c. Describe the capability and/or capacity of the community to undertake the activity they seek to engage in as
p.000018: consequence of the EPR; and
p.000018: d. List the names of community elders/leaders who are authorized to make the declaration of EPR.
p.000018: The approval of the community resolution by all members of the concerned ICC/IP community shall be deemed sufficient
p.000018: and approved if signed or thumb- marked by a majority of all the members and representatives physically present during
p.000018: the community assembly as mentioned in Article III, Section (1).
p.000018: 3. Declaration of EPR and EPR Plan. The elders/leaders named and authorized in the community resolution to make the
p.000018: declaration shall make the declaration of EPR. The declaration shall include an EPR Plan which shall contain, among
p.000018: others, the following:
p.000018:
p.000018: a. General information about the Ancestral Domain and the ICCs/IPs of the area, including indigenous land use plan, if
p.000018: existing and available;
p.000018:
p.000018: b. Purpose of the declaration;
p.000018:
p.000018: c. Natural resource for development, harvesting, extraction or exploitation;
p.000018:
p.000018: d. Specific Location and area of the proposed site/s accompanied by maps, 3D maps, sketches and/or other material
p.000018: reference monuments as annexes;
p.000018: e. Projects, programs, activities or undertakings to be pursued to realize the purpose of the EPR;
p.000018:
p.000018: f. Scope and duration of operational plan/s for every activity;
p.000018:
p.000018: https://wipolex.wipo.int/en/text/414691
p.000018: Page 18 of 27
p.000018:
p.000018: WIPOLex
p.000018: 4/6/20,
p.000018: 6(04 PM
p.000018:
p.000019: 19
p.000019:
p.000019: g. Capability of the community to undertake the same or to engage a qualified partner;
p.000019:
p.000019: h. Conformity with the existing ADSDPP and/or the Environmental Conservation and Protection Program of the concerned
p.000019: ICCs/IPs as provided for under the IRR of IPRA;
p.000019:
p.000019: i. Existence of a duly organized IPO registered and recognized by NCIP;
p.000019:
p.000019: j. Recognition and Observance of IP Governance/Decision-making processes;
p.000019:
p.000019: k. Existence and feasibility of EPR Plan & ECPP;
p.000019:
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
p.000007: 1. Make a judicious and complete review of the FPIC report and the MOA;
p.000007: 2. Render a report, under oath, of their findings and recommendations to the Regional Director;
p.000007: 3. Summon any member of the FPIC Team, representative of the ICCs/IPs, or representative of the proponent to clarify
p.000007: matters contained in the report and the MOA;
p.000007: 4. Appear before the Commission when so required; and
p.000007: 5. Perform such other functions as may be directed by the Regional Director.
p.000007:
p.000007:
p.000007: PART III
p.000007: ACTIVITIES, PLANS, PROGRAMS, PROJECTS COVERED AND MANDATORY ACTIVITIES
p.000007: Section 19. Extractive/ Intrusive/ Large Scale. The following plans, projects, programs, and activities are considered
p.000007: large scale/extractive/intrusive:
p.000007: a. Exploration, development, exploitation, utilization of land, energy, mineral, forest, water, marine, air, and other
p.000007: natural resources requiring permits, licenses, lease, contracts, concession, or agreements e.g production-sharing
p.000007: agreement, from the appropriate national or local government agencies, including feasibility studies related thereto;
p.000007: b. Those that may lead to the displacement and/or relocation of ICCs/IPs;
p.000007: c. Resettlement programs or projects by the government or any of its instrumentalities that may introduce migrants;
p.000007: d. Declaration and management of protected and environmentally critical areas, and other related undertakings;
p.000007: e. Bio-prospecting and related activities;
p.000007: f. Activities that would affect their spiritual and religious traditions, customs
p.000007: and ceremonies, including ceremonial objects, archeological exploration, diggings and excavations and access to
p.000007: religious and cultural sites:
p.000007: g. Industrial land use including the establishment of economic zones;
p.000007: h. Large scale agricultural and forestry management projects;
p.000007: i. Carbon trading and related activities;
p.000007: j. Large scale tourism projects;
p.000007: k. Establishment of temporary or permanent military facilities; conduct of military exercises, or organizing
p.000007: para-military forces;
p.000007: l. Issuance of land tenure instrument or resource use instrument by any government agency and related activities; and
p.000007: m. Others analogous to the foregoing, except small-scale quarrying.
p.000007: The foregoing shall be governed by the FPIC process in Section 22 of this Guidelines.
p.000007: Section 20. Who Shall Exercise the Right to FPIC. All ICCs/IPs who are owners of the ancestral domain have the right to
p.000007: exercise FPIC on/for any of the activities listed in the immediately preceding section; Provided, that in case the AD
p.000007: is owned by two (2) or more ICC/IP sub-groups, or under a unified claim, provisions of their duly executed and
p.000007: validly existing agreement shall be followed, if any, otherwise, all ICCs/IPs sub- 8
p.000007: https://wipolex.wipo.int/en/text/414691
p.000007: Page 7 of 27
p.000007:
p.000007: WIPOLex
p.000007: 4/6/20,
p.000007: 6(04 PM
p.000007:
p.000007: groups, tribes shall all participate in the decision-making in accordance with their applicable customary law/s;
p.000007: Provided further, that when there are two or more domains affected, the ICCs/IPs owning such domains shall exercise the
p.000007: right to FPIC separately; Provided furthermore, that affected migrant IPs inside the domain/s may participate in the
p.000007: exercise of the right to FPIC if expressly allowed by the domain owners.
p.000007: Unless specifically stated in the MOA, separate exercise of the right to FPIC shall be for each major phase of the
p.000007: proposed activity such as Exploration; Operation or Development; Contracting of operator; and the like.
p.000007: Nothing in this provision may be interpreted to prejudice the rights of persons under other existing laws.
p.000007:
p.000007:
p.000007: Section 21. Pre-FPIC Conference. The following shall be taken up, acted upon or accomplished during the Pre-FPIC
p.000007: Conference: a) The FBI Report; b) Finalization and approval of WFP; c) Deposit/Remittance of FPIC Fee; d) Setting of
p.000007: schedules and tasking; e) Preparation of Work Order; f) Orientation on the FPIC process, protocols, and prohibited
p.000007: acts; g) Arrangements for the payment of the bond; h) Submission by the applicant of an undertaking, written in a
p.000007: language spoken and understood by the community concerned, that it shall commit itself to full disclosure of records
p.000007: and information relevant to the plan, program, project or activity, that would allow the community full access to
p.000007: records, documents, material information and facilities pertinent to the same; i) Submission by the applicant of an
p.000007: Environmental and Socio-cultural Impact Statement, detailing all the possible impact of the plan, program, project or
p.000007: activity upon the ecological, economic, social and cultural aspect of the community as a whole. Such document shall
p.000007: clearly indicate how adverse effects may be avoided, mitigated and/or addressed; j) Opinions of invited experts, if
p.000007: any; and k) Others as may be required by the FPIC team or as may have been surfaced during the conduct of the FBI.
p.000007: Section 22. Conduct of Community Assemblies and Other Activities. Two (2) community assemblies, known as First
p.000007: and Second Community Assembly, respectively, shall be held.
p.000007: The First Community Assembly shall be held as soon as the proponent remits or pays the FPIC Fee to the Regional Office
p.000007: and the corresponding amount is released to the concerned NCIP Provincial Office or Service Center for the purpose. It
p.000007: shall be held on a date and strategic place within the AD after the following are complied with by the FPIC team:
p.000007: 1. Formal notice to the Regional Director with his/her approval of the date and place secured;
p.000007: 2. Posting of written notices seven (7) days before the activity in conspicuous places in and around the concerned
p.000007: ICC/IP Community, i.e. the
p.000007: Community Tribal and/or Barangay Hall/s;
p.000007: 3. Personal service of formal notices to the AD representatives as appearing in the Certificate of Ancestral Domain
p.000007: Title (CADT) Recognition Book or ADSDPP Book, if available, seven (7) days before the activity;
...
Social / Linguistic Proficiency
Searching for indicator language:
(return to top)
p.000007: is owned by two (2) or more ICC/IP sub-groups, or under a unified claim, provisions of their duly executed and
p.000007: validly existing agreement shall be followed, if any, otherwise, all ICCs/IPs sub- 8
p.000007: https://wipolex.wipo.int/en/text/414691
p.000007: Page 7 of 27
p.000007:
p.000007: WIPOLex
p.000007: 4/6/20,
p.000007: 6(04 PM
p.000007:
p.000007: groups, tribes shall all participate in the decision-making in accordance with their applicable customary law/s;
p.000007: Provided further, that when there are two or more domains affected, the ICCs/IPs owning such domains shall exercise the
p.000007: right to FPIC separately; Provided furthermore, that affected migrant IPs inside the domain/s may participate in the
p.000007: exercise of the right to FPIC if expressly allowed by the domain owners.
p.000007: Unless specifically stated in the MOA, separate exercise of the right to FPIC shall be for each major phase of the
p.000007: proposed activity such as Exploration; Operation or Development; Contracting of operator; and the like.
p.000007: Nothing in this provision may be interpreted to prejudice the rights of persons under other existing laws.
p.000007:
p.000007:
p.000007: Section 21. Pre-FPIC Conference. The following shall be taken up, acted upon or accomplished during the Pre-FPIC
p.000007: Conference: a) The FBI Report; b) Finalization and approval of WFP; c) Deposit/Remittance of FPIC Fee; d) Setting of
p.000007: schedules and tasking; e) Preparation of Work Order; f) Orientation on the FPIC process, protocols, and prohibited
p.000007: acts; g) Arrangements for the payment of the bond; h) Submission by the applicant of an undertaking, written in a
p.000007: language spoken and understood by the community concerned, that it shall commit itself to full disclosure of records
p.000007: and information relevant to the plan, program, project or activity, that would allow the community full access to
p.000007: records, documents, material information and facilities pertinent to the same; i) Submission by the applicant of an
p.000007: Environmental and Socio-cultural Impact Statement, detailing all the possible impact of the plan, program, project or
p.000007: activity upon the ecological, economic, social and cultural aspect of the community as a whole. Such document shall
p.000007: clearly indicate how adverse effects may be avoided, mitigated and/or addressed; j) Opinions of invited experts, if
p.000007: any; and k) Others as may be required by the FPIC team or as may have been surfaced during the conduct of the FBI.
p.000007: Section 22. Conduct of Community Assemblies and Other Activities. Two (2) community assemblies, known as First
p.000007: and Second Community Assembly, respectively, shall be held.
p.000007: The First Community Assembly shall be held as soon as the proponent remits or pays the FPIC Fee to the Regional Office
p.000007: and the corresponding amount is released to the concerned NCIP Provincial Office or Service Center for the purpose. It
p.000007: shall be held on a date and strategic place within the AD after the following are complied with by the FPIC team:
p.000007: 1. Formal notice to the Regional Director with his/her approval of the date and place secured;
p.000007: 2. Posting of written notices seven (7) days before the activity in conspicuous places in and around the concerned
p.000007: ICC/IP Community, i.e. the
p.000007: Community Tribal and/or Barangay Hall/s;
...
p.000009: not more than two (2) months thereafter.
p.000009: Following the Second Community assembly shall be the consensus-building period. This is the period when the ICCs/ IPs
p.000009: shall proceed to consult among themselves, employing their own traditional consensus-building processes, to further
p.000009: understand and discern the merits/advantages and demerits/disadvantages of the proposal in order to intelligently
p.000009: arrive at a consensus. Except for NCIP representatives who shall document the proceedings, the applicant and
p.000009: non-members of the IP community are strictly enjoined from participating in the consensus-building activity or
p.000009: interfering in any manner in the decision making process. Non-IPs or migrant IPs who are residents of the AD may only
p.000009: participate if allowed by the AD owners in accordance with their customs and traditions, provided however, that the
p.000009: permission be made in writing and signed by the authorized elders/leaders.
p.000009: When the ICCs/IPs are already ready with their decision or consensus, the duly authorized Community Elders/Leaders
p.000009: shall communicate to the FPIC Team such consensus. If it appears to be favorable, the FPIC Team shall immediately
p.000009: notify the proponent and the community representatives for the negotiation of the terms and conditions that shall be
p.000009: embodied in the MOA. Once the parties agree on the terms and conditions, the MOA is forthwith drafted in the vernacular
p.000009: and English or vice versa. Thereafter, a validation assembly shall be convened within the AD, at which
p.000009:
p.000010: 10
p.000010:
p.000010: time the MOA provisions shall be explained to the community by the FPIC Team in a language that they speak and
p.000010: understand. After having understood the contents and implications of the MOA, the community may confirm the same. After
p.000010: confirmation, the same shall be forthwith signed by the authorized signatories of both parties. The negotiation of the
p.000010: terms and conditions and the signing by the duly authorized representatives of the proponent and the ICCs/IPs must be
p.000010: done within the AD. Along with the finalization of the MOA, the Resolution of Consent of the community shall also be
p.000010: prepared, signed and released.
p.000010: If the consensus is not favorable, the Resolution of Non-consent shall be prepared, signed and released.
p.000010: The FPIC Team shall facilitate the conduct of, and document all, proceedings/activities under this section and shall be
p.000010: responsible for the translation, interpretation, clarification, or elaboration of matters taken up, and the explanation
p.000010: of pertinent provisions of IPRA, to the best of their personal knowledge and ability. Views, pro and con, shall be
p.000010: summarized and documented as accurately as possible. The FPIC team may also direct any participant in the assembly to
p.000010: submit written comments or objections which must be received by the FPIC Team within a non- extendible period of three
p.000010: (3) working days, to form part of its final report.
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010: https://wipolex.wipo.int/en/text/414691
p.000010: Page 9 of 27
p.000010:
p.000010: WIPOLex
p.000010: 4/6/20,
p.000010: 6(04 PM
p.000010:
p.000010:
...
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012: https://wipolex.wipo.int/en/text/414691
p.000012: Page 11 of 27
p.000012:
p.000012: WIPOLex
p.000012: 4/6/20,
p.000012: 6(04 PM
p.000012:
p.000012: Section 29. Inaction. The inaction of the applicant within six (6) months from the last FPIC activity, without
p.000012: justifiable reason, shall be a ground for a termination of the FPIC process to be declared by the Regional Director
p.000012: with notice to the applicant.
p.000012: Section 30. Dormant Certification Precondition. If no activity is undertaken by the proponent within a year from the
p.000012: approval/issuance of permit, the CP is considered dormant and thus, upon the report of the Regional Director, the
p.000012: Chairperson shall issue a show cause order directing applicant/proponent why the CP should not be cancelled. Failure of
p.000012: applicant to comply within a non-extendible period of fifteen (15) working days from receipt of the order, or to show
p.000012: justifiable reason, the CP shall be cancelled by Resolution of the Commission, with notice to the concerned regulatory
p.000012: agency, proponent, and the ICCs/IPs.
p.000012: PART V MEMORANDUM OF AGREEMENT
p.000012: Section 31. Preparation of the Memorandum of Agreement (MOA). When the consent of the concerned community is obtained,
p.000012: the terms and conditions agreed upon shall be embodied in a MOA to be executed between and among the ICC/IPs, the
p.000012: applicant/proponent, the NCIP, and any other party that may be necessarily involved.
p.000013: 13
p.000013:
p.000013: The MOA shall be prepared by the FPIC Team strictly in accordance with what has been agreed upon by the parties,
p.000013: written in the language or dialect of the ICCs/IPs concerned, and thereafter translated into English and/or Pilipino.
p.000013: The drafting shall be the primary obligation of the Legal Officer of the concerned provincial office. In his/her
p.000013: absence the Regional Director shall designate the Legal Officer from another province to assist the FPIC Team.
p.000013:
p.000013:
p.000013: Section 32. Contents of MOA. The MOA shall include, but shall not be limited to, the following:
p.000013: a. Detailed benefit-sharing provisions in accordance with rules and regulations [i.e. not less than 1% royalty under
p.000013: mining act];
p.000013: b. Development projects based on the development priorities of the community;
p.000013: c. Monitoring of the implementation MOA to be implemented by NCIP in partnership with LGUs and CSOs. This undertaking
p.000013: shall be paid for by the company;
p.000013: d. Mitigation and resettlement plans for potential risks ;
p.000013: e. Redress mechanisms;
p.000013: f. Clause on the non-transferability of the MOA;
p.000013: g. Clause for renegotiation of the economic provisions;
p.000013: h. Whether the concerned ICCs/IPs shall require another FPIC to be conducted in case of merger, reorganization,
p.000013: transfer of rights, acquisition by another entity, or joint venture;
p.000013: i. List of responsibilities of the company and the affected community j. Inclusive dates/duration of agreement;
p.000013: k. Other than what has already been granted by law, the benefits to be derived by the host ICC/IPs indicating the type
p.000013: of benefits, specific target beneficiaries as to sector and number, the period covered, and other pertinent
p.000013: information;
p.000013: l. Detailed use of all funds to be received by the host ICC/IP communities,
...
Social / Marital Status
Searching for indicator single:
(return to top)
p.000001: Domains, due regard must be given not only to the physical environment but the total environment including the
p.000001: spiritual and cultural bonds to the areas.
p.000001: e. Inter-generational Responsibility. The indigenous concept of ownership sustains the view that ancestral domains are
p.000001: considered community property which belong to all generations and therefore cannot be sold, disposed or destroyed. The
p.000001: ICCs/IPs shall have priority rights to manage and pursue sustainable and responsible development plans, programs,
p.000001: projects or activities within their ancestral domain.
p.000001: f. Primacy of Customary Law. In the conduct of FBI, FPIC, and other processes provided under this Guidelines, including
p.000001: but not limited to dispute resolutions in relation thereto, the primacy of customary law and decision-making processes
p.000001: as determined by the ICCs/IPs shall be observed and adhered to.
p.000001: g. Transparency and Clarity. The processes under this Guidelines shall be transparent to all stakeholders. The
p.000001: applicant shall make a full and accurate disclosure of information concerning the proposed program, project or activity
p.000001: in a manner that is both accessible and understandable to the concerned community.
p.000001: h. Existing Property Regimes. Existing and/or vested rights shall continue to be recognized pursuant to Section 56 of
p.000001: R.A 8371 and its Implementing Rules and Regulations.
p.000001:
p.000002: 2
p.000002:
p.000002: i. Ancestral Domain as a Single Unit. An Ancestral Domain shall be recognized and treated as one or undivided unit.
p.000002:
p.000002:
p.000002: Section 5. Definition of Terms. In addition to the terms defined under IPRA
p.000002: and its IRR, the following are defined thus:
p.000002: a. Ancestral Domain Sustainable Development & Protection Plan (ADSDPP). Refers to the consolidation of the plans of
p.000002: ICCs/IPs within an ancestral domain for the sustainable management and development of their land and natural resources
p.000002: as well as the development of human and cultural resources based on their indigenous knowledge systems and practices.
p.000002: b. Area Affected. It refers to area/s in the ancestral domain which will be overlapped or affected by the proposed
p.000002: plan, program, project or activity, including areas that will sustain effects or impact to be determined by the FBI
p.000002: Team.
p.000002: c. Bio-prospecting. The research, collection, and utilization of biological and genetic resources and substances, with
p.000002: the view of applying the knowledge derived therefrom for medicinal, commercial and other purposes.
p.000002: d. Certificate of Non-Overlap (CNO). It refers to the Certificate issued by the NCIP attesting to the fact that the
p.000002: area where the particular plan, program, project or activity will be done does not overlap with, or affect, any
p.000002: ancestral domain.
p.000002: e. Certification Precondition (CP). It refers to the Certificate issued by the NCIP, signed by the Chairperson,
p.000002: attesting to the grant of FPIC by the concerned ICCs/IPs after appropriate compliance with the requirements provided
p.000002: for in this Guidelines.
...
p.000013: n. Detailed measures to protect IP rights and value systems;
p.000013: o. Detailed measures to conserve/protect any affected portion of the ancestral domain critical for watersheds,
p.000013: mangroves, wildlife sanctuaries, forest cover, and the like;
p.000013: p. Responsibilities of the applicant as well as the host IP community;
p.000013: q. The monitoring and evaluation system of the MOA, to include submission of reports and creation of monitoring teams;
p.000013: r. Remedies and/or penalties for non-compliance or violation of the terms and conditions which includes applicability
p.000013: of customary laws and imposition of sanction/s;
p.000013: s. Deposit of cash or surety bond mentioned pursuant to Section 23 hereof;
p.000013: t. Provision to render assistance in the event of calamities/disasters in the community;
p.000013: u. Provision to undertake a new FPIC Process in case of mining activities, after the exploration stage;
p.000013: v. Provision on the effects of dormant Certification Precondition;
p.000013: w. Membership of proponent in organizations requiring ethical standards in a particular line of activity; and
p.000013: x. Other requirements provided in this Guidelines.
p.000013: Corporate Social Responsibility (CSR) or Social Development and Management Projects (SDMP) required under existing laws
p.000013: shall not be considered as part of benefits enumerated above.
p.000013:
p.000014: 14
p.000014:
p.000014:
p.000014: Section 33. Signatories to the MOA. The signatories of the MOA shall be:
p.000014: a. Elders/leaders or their alternates who have been identified during the validation and authorized by the community to
p.000014: sign;
p.000014: b. For corporations, partnerships or single proprietorship entities, the authorized officers, representatives, or
p.000014: partners per Board Resolution; and
p.000014: c. The Chairperson shall sign the MOA in behalf of the NCIP as Third Party. For projects where the Regional Director is
p.000014: authorized by this Guidelines to issue the corresponding certification precondition, the MOA shall be signed by him/her
p.000014: in behalf of the NCIP as Third Party.
p.000014:
p.000014:
p.000014: Section 34. MOA Signing. The signing of the MOA shall be done within the affected ancestral domain by those duly
p.000014: authorized, during a general assembly called for the purpose, after its contents is fully read aloud and explained by
p.000014: the FPIC Team, and understood and affirmed by the community. Should there be need for any change/s, the FPIC team shall
p.000014: make the appropriate revision or amendment to the satisfaction of the community assembly.
p.000014: Signing by those duly authorized may be done through actual writing/signing or the affixing of thumb marks, provided
p.000014: however, that in case of the latter, a member of the community who is able to read and write shall sign as an
p.000014: instrumental witness. Those authorized to sign in behalf of the community, including instrumental witnesses, shall
p.000014: thereafter present themselves before a notary for the appropriate notarial acknowledgment.
p.000014:
p.000014:
p.000014: Section 35. Final Review of the MOA by the Legal Affairs Office. The MOA shall be reviewed by the Legal Affairs Office
p.000014: (LAO) prior to the endorsement of the FPIC report by ADO to the Commission. The legal advisory of the LAO shall form
p.000014: part of the FPIC Report of ADO.
...
Social / Police Officer
Searching for indicator officer:
(return to top)
p.000003: entertained at any given time covering the same area while an application is being processed therein, neither shall
p.000003: another be given due course while a previous application is being processed.
p.000003:
p.000003:
p.000003: Section 7. Documents Required to Accompany Application. The applicant shall submit a company and project profile which
p.000003: shall include: the nature and purpose of the project; location with an indicative map showing the names of sitios
p.000003: and/or barangays that will be affected; Abstract of proposed project describing the size, pace, reversibility and
p.000003: scope; duration; preliminary assessment of the likely economic, social, cultural and environmental effects, including
p.000003: potential risks and how these will be addressed; Indicative budget; Persons to be involved in implementation;
p.000003: Operational Plan and activities; and the Profile of the applicant.
p.000003:
p.000003:
p.000003:
p.000003: https://wipolex.wipo.int/en/text/414691
p.000003: Page 3 of 27
p.000003:
p.000003: WIPOLex
p.000003: 4/6/20,
p.000003: 6(04 PM
p.000003:
p.000003: The ADO, in consultation with field offices, shall craft the standard and appropriate checklist for the above purpose.
p.000003: At any time, the FBI/FPIC Team may require additional but pertinent document/s from the applicant, e.g EIS from the
p.000003: DENR, if available.
p.000003:
p.000004: 4
p.000004:
p.000004:
p.000004: Section 8. Constitution and Composition of the FBI Team. The FBI Team shall be constituted, by the Regional Director,
p.000004: by way of Memorandum, within ten (10) days from approval of this Guidelines, to be composed of the following:
p.000004: 1) The Community Development Officer (CDO), as Team Leader;
p.000004: 2) The FBI Provincial Focal Person;
p.000004: 3) One (1) from the Community Service Center (CSC); and
p.000004: 4) Two (2) IP elders/leaders identified by the CSC
p.000004: The composition of the team may be revised or enhanced upon the agreement of the FBI team as the need arises in order
p.000004: to cope with existing work conditions or circumstances, with the approval of the Regional Director.
p.000004: For CSCs in provinces without provincial offices, the Regional Director concerned shall designate the leader and
p.000004: members of the FBI Team which shall be headed by the CDO and other personnel from the CSC and may be augmented by
p.000004: personnel of the Regional Office and/or from the nearest Provincial Office.
p.000004:
p.000004:
p.000004: Section 9. Duties and Functions of the FBI Team. The duties and functions of the FBI team are:
p.000004: 1. Consult with the AD representatives if applicable;
p.000004: 2. Conduct the pre-FBI Conference and along with the proponent, prepare the WFP for the FBI;
p.000004: 3. Undertake the FBI to determine the particular area that will be affected,
p.000004: including the projection of the indorsed technical description/geographic coordinates in the AD, the probable effects
p.000004: of the plan, program, project or activity, and the number of ICCs/IPs that will be affected,
p.000004: 4. Identify the elders/leaders and determine presence of disputes/conflict with adjacent ancestral domain/s;
p.000004: 5. Prepare, under oath, and submit a report with recommendations to the Regional Director;
p.000004: 6. Liquidate all funds handled in accordance with standard accounting and auditing rules and regulations; and
p.000004: 7. Perform such other functions as may be directed by higher authorities.
p.000004: In consultation with field offices, The ADO shall craft the appropriate form/s, for the guidance of the FBI Team in the
p.000004: performance of its functions.
p.000004:
p.000004:
p.000004: Section 10. Pre-FBI Conference; Matters to be Taken. The following matters shall be discussed, taken up and/or acted
p.000004: upon during the Pre-FBI Conference:
p.000004: a. Orientation on the requirements of the FBI process;
p.000004: b. The identity and other basic information about the applicant;
p.000004: c. Detailed project profile;
p.000004: d. Work and Financial Plan; and
p.000004: e. Other important matters that may be agreed upon.
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004:
p.000004: https://wipolex.wipo.int/en/text/414691
p.000004: Page 4 of 27
p.000004:
p.000004: WIPOLex
p.000004: 4/6/20,
p.000004: 6(04 PM
p.000004:
p.000004: Section 11. Non-appearance at Pre-FBI/Pre-FPIC Conference and Non- payment of FBI/FPIC Fee. Should the applicant fail
p.000004: to appear in the Pre-FBI or Pre- FPIC conference, the Provincial Officer or the CSC Head, as the case may be, shall
p.000004: schedule another conference with notice to, and at the expense of, the applicant. If on the second schedule, the
p.000004: applicant still fails to appear, the Provincial Officer or the CSC Head shall immediately inform the Regional Director
p.000004: of such failure.
p.000004: Upon receipt of the information or report, the Regional Director shall order the suspension of the process with notice
p.000004: to the applicant. The order shall also direct the applicant to show cause, within a non-extendible period of ten (10)
p.000004: days from receipt, why the application should not be deemed abandoned for lack or loss of interest. If
p.000004:
p.000005: 5
p.000005:
p.000005: after the lapse of ten (10) days from receipt of the Order, as evidenced by a proof of receipt, and without justifiable
p.000005: reason formally communicated to the Regional Director, the latter shall declare the application cancelled and shall
p.000005: return the application to the endorsing regulatory agency or the applicant, as the case may be. Thereafter, other
p.000005: applications, if any, may be given due course.
p.000005: Failure on the part of the applicant to pay the FBI/FPIC fee or comply with the requirements as agreed upon during the
p.000005: Pre- FBI/Pre-FPIC conference/s shall likewise result in suspension or cancellation as provided in the preceding
p.000005: paragraph.
p.000005:
p.000005:
p.000005: Section 12. Work and Financial Plan (WFP) for FBI/FPIC. The WFP shall be agreed upon by the applicant, the concerned
p.000005: ICCs/IP representatives, and NCIP during the Pre-FBI/Pre-FPIC Conference. It shall include, among others, the estimated
p.000005: cost of: (a) Food and snacks, lodging and transportation expenses of those who will be actually involved in the FBI
p.000005: process; (b) Documenting the FBI activities i.e. photo and/or video, cassette recording and development, reproduction
p.000005: of documents; and (c) Others as may be agreed by all the parties during the Pre- FBI/Pre-FPIC conference.
...
p.000005: report that an AD shall be affected by the proposed project, the RD shall immediately mobilize the FPIC team,
p.000005: otherwise, a CNO shall be issued pursuant to Section 15 of this Guidelines.
p.000005: Section 14. Contents of the Field-Based Investigation Report. The FBI report must contain a narrative of what
p.000005:
p.000005: https://wipolex.wipo.int/en/text/414691
p.000005: Page 5 of 27
p.000005:
p.000005: WIPOLex
p.000005: 4/6/20,
p.000005: 6(04 PM
p.000005:
p.000005: transpired during the ground or field investigation; findings and recommendations; and the pertinent attachments, in a
p.000005: standard pro forma form to be devised by ADO after consultation with field offices. The report shall be signed, under
p.000005: oath, by the team leader and members.
p.000005:
p.000005:
p.000005: Section 15. Certificate of Non-Overlap; When Issued. When the area is patently and publicly known to be outside any AD,
p.000005: or the activity is determined, after FBI, not to affect an AD, the Regional Director, with the concurrence of the
p.000005: concerned Commissioner, shall issue a CNO, provided however, that the applicant shall execute an undertaking for the
p.000005: conduct of FPIC should it be discovered later that there is, in fact, an overlap with an AD, provided further, that
p.000005: special attention shall be given to ICCs/IPs who are shifting cultivators or traditionally nomadic so as not to
p.000005: prejudice their rights as such.
p.000005: Section 16. The FPIC Team. The FPIC Team in each province with provincial office, to be constituted by the Regional
p.000005: Director, shall be composed of the following:
p.000006: 6
p.000006:
p.000006: 1) The Provincial Officer, as Team Leader;
p.000006: 2) The Provincial Legal Officer;
p.000006: 3) One (1) Engineer from the Provincial or Regional Office,;
p.000006: 4) The head of the FBI Team; and
p.000006: 5) Two (2) IP elders/leaders selected by the community in the first assembly.
p.000006: In provinces without provincial office, the Regional Director shall, constitute the FPIC Team to be led by the CSC Head
p.000006: and with members from the same service center to be augmented from personnel of the Regional Office and/or nearby
p.000006: Provincial Office, and two (2) community elders/leaders selected by the community.
p.000006: Substitution, re-arrangement, augmentation of membership in/of the FPIC Team may be done for good and valid reasons,
p.000006: upon the recommendation of the Provincial Officer or CSC Head, as the case may be, with the approval of the Regional
p.000006: Director.
p.000006: The Regional Director, Chief of the Technical Management and Services Division (TMSD) the Regional Attorney, and the
p.000006: Regional Hearing Officer, shall in no case be part of the Team.
p.000006:
p.000006:
p.000006: Section 17. Duties and Functions of the FPIC Team. The FPIC Team shall perform the following functions:
p.000006: a. Convene, with prior notice, the First general assembly to validate the following: (1) FBI Report; (2) Identity of
p.000006: the IP Elders and Leaders; (3) Decision-Making Process; (4) Census of IPs/Migrant IPs; (5) Area affected; (6) Existence
p.000006: of boundary conflict with other ADs;
p.000006: b. Document Conflict Resolution Mechanism and facilitate the conduct of the same by the chosen/selected Elders/Leaders,
p.000006: should there be any dispute/conflict to be resolved;
p.000006: c. Facilitate and document the proceedings of the assembly and be responsible for the interpretation, translation,
p.000006: clarification, or elaboration of matters discussed or taken up;
p.000006: d. Orient the participants on the pertinent provisions of IPRA at all stages and activities;
p.000006: e. Present the agreed WFP during the assembly;
p.000006: f. Invite the appropriate independent experts, if available, to give their opinions on any aspect of the project;
p.000006: g. Should the ICC/IP agree to the activity, help draft the Resolution of Consent and the MOA, or Resolution of
p.000006: Non-Consent should the ICCs/IPs reject the proposal;
p.000006: h. Make an accounting, in accordance with generally accepted accounting and auditing rules, of all monies and
p.000006: properties received in relation to the conduct of the FPIC; and
p.000006: i. Prepare and submit FPIC report with recommendation/s, and an executive summary of the same, both duly signed under
...
p.000012:
p.000012: Section 29. Inaction. The inaction of the applicant within six (6) months from the last FPIC activity, without
p.000012: justifiable reason, shall be a ground for a termination of the FPIC process to be declared by the Regional Director
p.000012: with notice to the applicant.
p.000012: Section 30. Dormant Certification Precondition. If no activity is undertaken by the proponent within a year from the
p.000012: approval/issuance of permit, the CP is considered dormant and thus, upon the report of the Regional Director, the
p.000012: Chairperson shall issue a show cause order directing applicant/proponent why the CP should not be cancelled. Failure of
p.000012: applicant to comply within a non-extendible period of fifteen (15) working days from receipt of the order, or to show
p.000012: justifiable reason, the CP shall be cancelled by Resolution of the Commission, with notice to the concerned regulatory
p.000012: agency, proponent, and the ICCs/IPs.
p.000012: PART V MEMORANDUM OF AGREEMENT
p.000012: Section 31. Preparation of the Memorandum of Agreement (MOA). When the consent of the concerned community is obtained,
p.000012: the terms and conditions agreed upon shall be embodied in a MOA to be executed between and among the ICC/IPs, the
p.000012: applicant/proponent, the NCIP, and any other party that may be necessarily involved.
p.000013: 13
p.000013:
p.000013: The MOA shall be prepared by the FPIC Team strictly in accordance with what has been agreed upon by the parties,
p.000013: written in the language or dialect of the ICCs/IPs concerned, and thereafter translated into English and/or Pilipino.
p.000013: The drafting shall be the primary obligation of the Legal Officer of the concerned provincial office. In his/her
p.000013: absence the Regional Director shall designate the Legal Officer from another province to assist the FPIC Team.
p.000013:
p.000013:
p.000013: Section 32. Contents of MOA. The MOA shall include, but shall not be limited to, the following:
p.000013: a. Detailed benefit-sharing provisions in accordance with rules and regulations [i.e. not less than 1% royalty under
p.000013: mining act];
p.000013: b. Development projects based on the development priorities of the community;
p.000013: c. Monitoring of the implementation MOA to be implemented by NCIP in partnership with LGUs and CSOs. This undertaking
p.000013: shall be paid for by the company;
p.000013: d. Mitigation and resettlement plans for potential risks ;
p.000013: e. Redress mechanisms;
p.000013: f. Clause on the non-transferability of the MOA;
p.000013: g. Clause for renegotiation of the economic provisions;
p.000013: h. Whether the concerned ICCs/IPs shall require another FPIC to be conducted in case of merger, reorganization,
p.000013: transfer of rights, acquisition by another entity, or joint venture;
p.000013: i. List of responsibilities of the company and the affected community j. Inclusive dates/duration of agreement;
p.000013: k. Other than what has already been granted by law, the benefits to be derived by the host ICC/IPs indicating the type
p.000013: of benefits, specific target beneficiaries as to sector and number, the period covered, and other pertinent
p.000013: information;
p.000013: l. Detailed use of all funds to be received by the host ICC/IP communities,
p.000013: ensuring that a portion of such funds shall be allocated for development projects, social services and/or
p.000013: infrastructures in
p.000013:
p.000013:
p.000013: https://wipolex.wipo.int/en/text/414691
p.000013: Page 12 of 27
p.000013:
p.000013: WIPOLex
p.000013: 4/6/20,
p.000013: 6(04 PM
p.000013:
p.000013: accordance with their development framework and the Guidelines on the Management of Royalty Share and Other Benefits
...
p.000014: c. The Chairperson shall sign the MOA in behalf of the NCIP as Third Party. For projects where the Regional Director is
p.000014: authorized by this Guidelines to issue the corresponding certification precondition, the MOA shall be signed by him/her
p.000014: in behalf of the NCIP as Third Party.
p.000014:
p.000014:
p.000014: Section 34. MOA Signing. The signing of the MOA shall be done within the affected ancestral domain by those duly
p.000014: authorized, during a general assembly called for the purpose, after its contents is fully read aloud and explained by
p.000014: the FPIC Team, and understood and affirmed by the community. Should there be need for any change/s, the FPIC team shall
p.000014: make the appropriate revision or amendment to the satisfaction of the community assembly.
p.000014: Signing by those duly authorized may be done through actual writing/signing or the affixing of thumb marks, provided
p.000014: however, that in case of the latter, a member of the community who is able to read and write shall sign as an
p.000014: instrumental witness. Those authorized to sign in behalf of the community, including instrumental witnesses, shall
p.000014: thereafter present themselves before a notary for the appropriate notarial acknowledgment.
p.000014:
p.000014:
p.000014: Section 35. Final Review of the MOA by the Legal Affairs Office. The MOA shall be reviewed by the Legal Affairs Office
p.000014: (LAO) prior to the endorsement of the FPIC report by ADO to the Commission. The legal advisory of the LAO shall form
p.000014: part of the FPIC Report of ADO.
p.000014: In cases where the Regional Director is authorized to issue the CP, the MOA shall be reviewed by the Regional Legal
p.000014: Officer or any Legal Officer who has not participated in any stage of the FPIC Process.
p.000014:
p.000014:
p.000014:
p.000014:
p.000014: https://wipolex.wipo.int/en/text/414691
p.000014: Page 13 of 27
p.000014:
p.000014: WIPOLex
p.000014: 4/6/20,
p.000014: 6(04 PM
p.000014:
p.000014:
p.000014: Section 36. Non-transferability of Free and Prior Informed
p.000014: Consent. The consent of the ICCs/IPs for a particular proposal shall not be transferable except in cases of merger,
p.000014: reorganization, transfer of rights, acquisition by another entity, or joint venture, to any other party, and the same
p.000014: is provided in the MOA: Provided, however, That the transferee shall assume the obligations of the transferor,
p.000014: otherwise another FPIC will be required. The transferee may improve the terms and conditions of the MOA affording or
p.000014: providing greater benefits for the ICCs/IPs other than those stated in the MOA, or may propose other terms and
p.000014: conditions that would uphold the interest and welfare of the concerned IP community. Such change/improvement in the MOA
p.000014: shall bear the approval of the Commission pursuant to this Rule.
p.000014: In the circumstances mentioned in the immediately preceding paragraph, the transferee is required to execute a formal
p.000014: undertaking, with notice to the representatives of the ICCs/IPs concerned, that upon the effectivity of the new set-up
p.000014: or relation brought about by the foregoing circumstances, the transferee shall faithfully comply with the terms and
p.000014: conditions of the MOA and that they shall observe and assume all the obligations stipulated in the said MOA. In this
...
p.000017: the Original IPs within the Domain. In a particular ICC/IP community where there exists resettled, displaced and
p.000017: relocated IPs or migrant IPs mingled or in co-existence with the owners of the AD, the right to FPIC of the resettled,
p.000017: displaced and relocated or migrant IPs will depend on the custom, practice or tradition of the owners of the AD
p.000017: allowing or disallowing the exercise thereof. Whether allowed or not allowed by the owners of the AD to participate in
p.000017: the FPIC proceedings, they shall likewise be entitled to the benefits by virtue of the MOA and to compensation for
p.000017: damages, loss or injury to them or their properties. The obligation to compensate the resettled, displaced and
p.000017: relocated IPs or migrant IPs of what is rightfully due them shall be recognized by the applicant in writing either in
p.000017: the MOA or in a separate undertaking made as an integral part of the MOA. (38)
p.000017: Section 48. Small Scale Quarry Approved by the Local Government Unit (LGU). The CP for small-scale quarries, whose
p.000017: permits are issued by Local Government Units (LGUs) shall be issued by the concerned Regional Director with the
p.000017: concurrence of the concerned Regional Ethnographic Commissioner and affirmation by the NCIP Chairman. A copy of the CP
p.000017: shall be furnished to ADO, the concerned Provincial Officer or CSC Head, as the case may be.
p.000017: Section 49. Community-Initiated or Solicited Research. Research activities solicited, commissioned or conducted by the
p.000017: concerned ICC/IP themselves to be undertaken within or affecting the ancestral domain, shall be governed by the
p.000017: Guidelines on IKSP/Customary Law research and documentation.
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 17 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017:
p.000017: PART VII
p.000017: EXERCISE OF PRIORITY RIGHTS
p.000017: .
p.000017:
p.000017:
p.000017: Section 50. Steps in the Declaration of EPR by the ICCs/IPs. In the
p.000017: declaration of the EPR by a particular ICC/IP community, the following must be observed:
p.000017: 1. Community Assembly. A community assembly of all members of the concerned ICC/IP community shall be held, at the
p.000017: community’s own initiative and expense, with notice to NCIP.
p.000017: For purposes of this Guidelines, the community assembly of all members shall be deemed sufficient and shall proceed
p.000017: after complying with the following rules:
p.000017:
p.000018: 18
p.000018:
p.000018: (a) Every household is entitled to one representative and, at least, majority of them must be physically present during
p.000018: the community assembly;
p.000018: (b) Majority of the representatives of the community identified as responsible to make decisions for the community are
p.000018: also present;
p.000018: (c) If it involves a CADT area, the representative/s identified in the claimbook or majority of them must also be
p.000018: present;
p.000018: (d) Public officials, officers or employees who are members of the community may be allowed to participate in the
...
p.000022: a. By the applicant:
p.000022: 1) Employment or use of force, threat, coercion, intimidation, at any degree or in any manner, including those done by
p.000022: individuals or group of persons acting for the applicant;
p.000022: 2) Bringing of firearm/s in the community during visits by the applicant or
p.000022: group of persons acting for the applicant. When needed, armed security shall be obtained from local police authorities
p.000022: or the AFP as requested by NCIP;
p.000022: 3) Bribery or promise of money, privilege, benefit or reward other than what is presented by the applicant during the
p.000022: consultative community assembly/first meeting [Sec. 22 and 24] with the elders/leaders;
p.000022: 4) Clandestine or surreptitious negotiations with IP individuals, some members of the community concerned or leaders
p.000022: done, without the knowledge of the council of elders, leaders or majority of members of the community;
p.000022: 5) Donations to the community or to any of its members for the purpose of influencing the decision of the ICCs/IPs.
p.000022: 6) Holding of unauthorized meetings such as but not limited to wining and/or dining sessions, and the like or such
p.000022: other activities with the NCIP Official and personnel and/or members of the affected community, with the intention of
p.000022: unduly influencing the result of the FPIC process.
p.000022: 7) Deliberately delaying the progress of the FPIC process which cause division among the concerned ICCs/IPs.
p.000022: b. By the NCIP Officer or Employee:
p.000022: 1. Acceptance or receipt of money, gifts or other valuable thing from the applicant intended to unduly influence the
p.000022: outcome of the FPIC process;
p.000022: 2. Consorting with the applicant or with any person connected to or mediating for the latter intended to unduly
p.000022: influence the outcome of the FPIC process;
p.000022: 3. Deliberate failure to act appropriately on complaints coming from the community concerning prohibited acts committed
p.000022: by the applicant or the latter’s representatives;
p.000022: 4. Gross negligence or deliberate omission to perform his duty required of him by this Guidelines;
p.000022: 5. Acting on or performing his duty in consideration of any offer, promise of future reward, privilege or benefit from
p.000022: the applicant;
p.000022: 6. Undue interference in the work of the FBIT/ FPICT/ RRT or doing the latter’s work without being a member thereof;
p.000022: 7. Use of falsified narration of facts in reports, attachments or any supporting documents in the reports submitted
p.000022: with respect to FBI, and all other necessary documents covered by the FPIC;
p.000022: 8. Holding of unauthorized meetings such as but not limited to wining and dining drinking sessions, and the like or
p.000022: such other activities with the applicant and/or members of the affected community, with the intention of unduly
p.000022: influencing the result of the FPIC process in favor of the applicant; and
p.000022:
p.000023: 23
p.000023:
p.000023:
p.000023: https://wipolex.wipo.int/en/text/414691
p.000023: Page 23 of 27
p.000023:
p.000023: WIPOLex
p.000023: 4/6/20,
p.000023: 6(04 PM
p.000023:
p.000023: 9. Demanding or receiving from the applicant, IP community, or support institutions like NGOs, government agencies and
p.000023: institutions money, or any gift, donation or other valuable thing outside the approved work and financial and/or
p.000023: supplemental plan for the conduct of FBI and FPIC processes.
p.000023: Any other acts or omission by NCIP officer or employee punishable or prohibited under any existing laws, rules and
p.000023: regulations governing public officers/employees.
p.000023:
p.000023: c. By the IP Community or Member and/or Elders/Leaders
p.000023:
p.000023: 1) Solicitation and acceptance or receipt of gifts, money or other valuable things from the applicant intended to
p.000023: unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 2) Consorting with the applicant or with any person connected to or mediating
p.000023: for the latter intended to unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 3) Negotiating or mediating or transacting business with the applicant without proper authority from the affected
p.000023: ICC/IP; and
p.000023: 4) Giving or promising to give his consent in consideration of any offer,
p.000023: promise, future reward, privilege or benefit from the applicant other than what has been provided for or explained by
p.000023: the applicant to the Council of Elders or Leaders and community members during the consultation meetings.
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
...
p.000024: order of the Regional Director, be returned to the endorsing agency.
p.000024: If the extent of the commission of the prohibited act would adversely affect the outcome of the community consent
p.000024: proceedings, the said proceedings shall, upon written request, be suspended by the Regional Director until it is shown
p.000024: that the prohibited act done has already been addressed.
p.000024: c) Commission of any of the prohibited acts by or attributable to NCIP officers or employees will be proceeded against,
p.000024: and proper sanction shall be imposed, in accordance with existing laws, rules and regulations. In addition, he shall
p.000024: be, upon finding of prima facie evidence, immediately divested of his authority to be part of the proceedings upon
p.000024: order of the Regional Director and the former will be proceeded against criminally and/or administratively in
p.000024: accordance with the Civil Service Rules and Regulations on discipline.
p.000024: Commission of any of the prohibited acts by or attributable to the NCIP Regional Director or the ADO Director shall,
p.000024: upon
p.000024:
p.000024: https://wipolex.wipo.int/en/text/414691
p.000024: Page 24 of 27
p.000024:
p.000024: WIPOLex
p.000024: 4/6/20,
p.000024: 6(04 PM
p.000024:
p.000024: finding of prima facie evidence, after hearing, immediately divest him/her of his/her authority to be part of the
p.000024: proceedings upon order of the Commission. In addition, the Commission shall file the necessary Criminal and
p.000024: Administrative Charges against the erring officer.
p.000024: d) Prohibited acts committed by any officer or employee of any Government Agencies (GAs) /Local Government Units (LGUs)
p.000024: will be proceeded against, and proper sanction shall be imposed, in accordance with existing laws, rules and
p.000024: regulations.
p.000024: e) Prohibited acts committed by any member of NGOs and other groups or individuals shall be a ground for a warning,
p.000024: contempt or exclusion from the FPIC proceedings applying the Commission’s subpoena and contempt powers.
p.000024: f) Commission of any of the prohibited acts by or attributable to the IPs/ICCs/Elders/Leaders shall be first subjected
p.000024: to customary laws of the affected community. When there is no relief, a complaint may be filed by the aggrieved party
p.000024: with the RHO for the enforcement of the decision made under customary laws or for the award of damages. In no case
p.000024: shall the RHO issue an order or judgment for the suspension of the FPIC proceedings or for the non-issuance of the
p.000024: certificate applied for, or if already issued, an order or judgment for its revocation.
p.000024:
p.000024:
p.000024: Section 67. Jurisdiction of Regional Hearing Officer on FPIC Controversies. Violations of the requirement of FPIC under
p.000024: this Administrative Order shall be dealt with accordingly. For this purpose, cases involving violations of the
p.000024: requirement of FPIC which are within the original and exclusive jurisdiction of the Regional Hearing Officer as
p.000024: provided under Administrative Circular No.1, Series of
p.000024: 2003 shall refer only to cases where the plan, program, project or activity was implemented without the required FPIC.
p.000024:
p.000024:
p.000024: Section 68. Hearing of Complaints before Application is Endorsed to ADO. Prior to the endorsement of the FPIC
p.000024: application to the ADO, or issuance by the Regional Director of the CNO, all complaints involving irregularities in the
p.000024: implementation of this Guidelines, including commission of any of the prohibited acts shall be filed with the concerned
p.000024: Regional Director, copy furnished the FBI/FPIC Team
p.000025: 25
p.000025:
p.000025: leader. Within ten (10) days from receipt of the complaint, the FBI/FPIC Team shall submit its answer thereto. The
p.000025: complaint shall be resolved by the Regional Director within ten (10) days from receipt of the answer or expiration of
p.000025: the period for filing thereof. The resolution shall address the irregularity or in case of commission of prohibited
p.000025: acts, recommend to the Commission to impose appropriate sanctions.
p.000025: No motion for reconsideration shall be allowed. The remedy of the aggrieved party is to file a petition pursuant to
p.000025: Section 71 hereof within ten (10) days from receipt of the decision of the Regional Director. The aggrieved party must
p.000025: be furnished by the Regional Director a copy of the decision on the very date that the decision is rendered.
p.000025: The filing of the administrative complaint shall not, as far as practicable, stop the FPIC process or of the processing
p.000025: of the application unless the sanction calls for it.
p.000025:
p.000025:
p.000025: Section 69. Hearing of Complaints after Application is Endorsed to ADO
...
Searching for indicator police:
(return to top)
p.000021:
p.000021:
p.000021:
p.000021:
p.000021:
p.000021: https://wipolex.wipo.int/en/text/414691
p.000021: Page 22 of 27
p.000021:
p.000021: WIPOLex
p.000021: 4/6/20,
p.000021: 6(04 PM
p.000021:
p.000021: Section 64. Monitoring and Visitorial Powers. In the exercise of its mandate to protect the well-being and promote the
p.000021: rights of ICCs/IPs, the NCIP may direct financial and management audits of IPOs managing royalties and other benefits
p.000021: or exercise its visitorial powers as provided for by law.
p.000022: 22
p.000022:
p.000022:
p.000022: PART IX
p.000022: PROHIBITED ACTS AND REMEDIES
p.000022: Section 65. Prohibited Acts. After the filing of the application and during the period that the application is pending,
p.000022: any of the following acts or omissions are hereby declared either as acts prejudicial to the interest of the IP
p.000022: community in the attainment of their consent or acts in circumvention of the intent of the law in requiring the free,
p.000022: prior and informed consent of ICC/IP community and are therefore prohibited:
p.000022: a. By the applicant:
p.000022: 1) Employment or use of force, threat, coercion, intimidation, at any degree or in any manner, including those done by
p.000022: individuals or group of persons acting for the applicant;
p.000022: 2) Bringing of firearm/s in the community during visits by the applicant or
p.000022: group of persons acting for the applicant. When needed, armed security shall be obtained from local police authorities
p.000022: or the AFP as requested by NCIP;
p.000022: 3) Bribery or promise of money, privilege, benefit or reward other than what is presented by the applicant during the
p.000022: consultative community assembly/first meeting [Sec. 22 and 24] with the elders/leaders;
p.000022: 4) Clandestine or surreptitious negotiations with IP individuals, some members of the community concerned or leaders
p.000022: done, without the knowledge of the council of elders, leaders or majority of members of the community;
p.000022: 5) Donations to the community or to any of its members for the purpose of influencing the decision of the ICCs/IPs.
p.000022: 6) Holding of unauthorized meetings such as but not limited to wining and/or dining sessions, and the like or such
p.000022: other activities with the NCIP Official and personnel and/or members of the affected community, with the intention of
p.000022: unduly influencing the result of the FPIC process.
p.000022: 7) Deliberately delaying the progress of the FPIC process which cause division among the concerned ICCs/IPs.
p.000022: b. By the NCIP Officer or Employee:
p.000022: 1. Acceptance or receipt of money, gifts or other valuable thing from the applicant intended to unduly influence the
p.000022: outcome of the FPIC process;
p.000022: 2. Consorting with the applicant or with any person connected to or mediating for the latter intended to unduly
p.000022: influence the outcome of the FPIC process;
p.000022: 3. Deliberate failure to act appropriately on complaints coming from the community concerning prohibited acts committed
p.000022: by the applicant or the latter’s representatives;
...
Social / Property Ownership
Searching for indicator property:
(return to top)
p.000001:
p.000001:
p.000001: Section 4. Operating Principles. In the implementation of this Guidelines, the following operating principles shall be
p.000001: observed:
p.000001: a. Empowerment. The ICCs/IPs shall freely pursue their economic, social and cultural development through their
p.000001: participation in decision-making, determination of priorities, as well as the practice of their justice system and
p.000001: peace-building processes.
p.000001: b. Consensus-Building and Decision-Making Process. The ICC/IPs shall participate in the decision-making processes
p.000001: primarily through their indigenous socio-political structures. They shall likewise affirm the decisions of their duly
p.000001: authorized representatives.
p.000001: c. Peace-Building. The decision-making of the ICCs/IPs in the conduct of the FPIC is a measure to promote peace,
p.000001: harmony, understanding, unity and security.
p.000001: d. Cultural Integrity. In the implementation or operation of plans, programs, projects or activities in Ancestral
p.000001: Domains, due regard must be given not only to the physical environment but the total environment including the
p.000001: spiritual and cultural bonds to the areas.
p.000001: e. Inter-generational Responsibility. The indigenous concept of ownership sustains the view that ancestral domains are
p.000001: considered community property which belong to all generations and therefore cannot be sold, disposed or destroyed. The
p.000001: ICCs/IPs shall have priority rights to manage and pursue sustainable and responsible development plans, programs,
p.000001: projects or activities within their ancestral domain.
p.000001: f. Primacy of Customary Law. In the conduct of FBI, FPIC, and other processes provided under this Guidelines, including
p.000001: but not limited to dispute resolutions in relation thereto, the primacy of customary law and decision-making processes
p.000001: as determined by the ICCs/IPs shall be observed and adhered to.
p.000001: g. Transparency and Clarity. The processes under this Guidelines shall be transparent to all stakeholders. The
p.000001: applicant shall make a full and accurate disclosure of information concerning the proposed program, project or activity
p.000001: in a manner that is both accessible and understandable to the concerned community.
p.000001: h. Existing Property Regimes. Existing and/or vested rights shall continue to be recognized pursuant to Section 56 of
p.000001: R.A 8371 and its Implementing Rules and Regulations.
p.000001:
p.000002: 2
p.000002:
p.000002: i. Ancestral Domain as a Single Unit. An Ancestral Domain shall be recognized and treated as one or undivided unit.
p.000002:
p.000002:
p.000002: Section 5. Definition of Terms. In addition to the terms defined under IPRA
p.000002: and its IRR, the following are defined thus:
p.000002: a. Ancestral Domain Sustainable Development & Protection Plan (ADSDPP). Refers to the consolidation of the plans of
p.000002: ICCs/IPs within an ancestral domain for the sustainable management and development of their land and natural resources
p.000002: as well as the development of human and cultural resources based on their indigenous knowledge systems and practices.
p.000002: b. Area Affected. It refers to area/s in the ancestral domain which will be overlapped or affected by the proposed
p.000002: plan, program, project or activity, including areas that will sustain effects or impact to be determined by the FBI
p.000002: Team.
p.000002: c. Bio-prospecting. The research, collection, and utilization of biological and genetic resources and substances, with
p.000002: the view of applying the knowledge derived therefrom for medicinal, commercial and other purposes.
p.000002: d. Certificate of Non-Overlap (CNO). It refers to the Certificate issued by the NCIP attesting to the fact that the
p.000002: area where the particular plan, program, project or activity will be done does not overlap with, or affect, any
p.000002: ancestral domain.
...
p.000023: for the latter intended to unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 3) Negotiating or mediating or transacting business with the applicant without proper authority from the affected
p.000023: ICC/IP; and
p.000023: 4) Giving or promising to give his consent in consideration of any offer,
p.000023: promise, future reward, privilege or benefit from the applicant other than what has been provided for or explained by
p.000023: the applicant to the Council of Elders or Leaders and community members during the consultation meetings.
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
p.000023:
p.000023: Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the parties are given the opportunity
p.000023: to be heard, as follows:
p.000023: a) Grave Violations. Commission of any of the prohibited acts by the applicant/s considered grave violations shall
p.000023: constitute a ground for the non-issuance of the certificate applied for.
p.000023: The violation is considered grave when the commission of the prohibited act is intentional and has resulted to loss of
p.000023: life or serious damage to property of an IP member of the community, committed by means of, but not limited to,
p.000023: employment or use of force, threat, coercion, intimidation, violence, including those done by individuals or group of
p.000023: persons acting for the applicant, including repeated commission of prohibited acts considered not grave.
p.000023: Grave violations shall be a ground for disqualification on future applications for certificate precondition within
p.000023: ancestral domain areas, without prejudice to filing of appropriate criminal action against the offender under IPRA or
p.000023: the Revised Penal Code and other special laws. The imposition of disqualification can be lifted only upon petition by
p.000023: the individual or entity upon whom the disqualification was imposed, stating the grounds why the disqualification
p.000023: should be lifted. No such petition shall be entertained by the Commission without the favorable recommendation of the
p.000023: IP community concerned whose rights were seriously violated.
p.000023: b) Less Grave Violations. Commission of any of the prohibited acts by or attributable to the applicant, may constitute
p.000023: grounds for the suspension of the FPIC process by the Regional Director until such time that the violation is
p.000023: sufficiently
p.000023:
p.000024: 24
p.000024:
p.000024: addressed as certified to by the concerned elders/leaders, in which event, the Regional Director shall order the
p.000024: continuation of the FPIC process.
p.000024: Less grave violations refer to the commission of prohibited acts intentionally committed, but which do not result to
p.000024: loss of life or serious damage to property of an IP member of the community.
p.000024: For deliberate delay in the conduct of the FPIC process, attributable to the applicant, the application shall, upon
p.000024: order of the Regional Director, be returned to the endorsing agency.
p.000024: If the extent of the commission of the prohibited act would adversely affect the outcome of the community consent
p.000024: proceedings, the said proceedings shall, upon written request, be suspended by the Regional Director until it is shown
p.000024: that the prohibited act done has already been addressed.
p.000024: c) Commission of any of the prohibited acts by or attributable to NCIP officers or employees will be proceeded against,
p.000024: and proper sanction shall be imposed, in accordance with existing laws, rules and regulations. In addition, he shall
p.000024: be, upon finding of prima facie evidence, immediately divested of his authority to be part of the proceedings upon
p.000024: order of the Regional Director and the former will be proceeded against criminally and/or administratively in
p.000024: accordance with the Civil Service Rules and Regulations on discipline.
p.000024: Commission of any of the prohibited acts by or attributable to the NCIP Regional Director or the ADO Director shall,
p.000024: upon
p.000024:
p.000024: https://wipolex.wipo.int/en/text/414691
p.000024: Page 24 of 27
p.000024:
p.000024: WIPOLex
p.000024: 4/6/20,
p.000024: 6(04 PM
p.000024:
p.000024: finding of prima facie evidence, after hearing, immediately divest him/her of his/her authority to be part of the
...
Social / Religion
Searching for indicator religious:
(return to top)
p.000007: FPIC Focal Person. The RRT leader may either be the TMSD or the Regional Attorney, at the option of the Regional
p.000007: Director.
p.000007: The RRT shall have the following duties and responsibilities:
p.000007: 1. Make a judicious and complete review of the FPIC report and the MOA;
p.000007: 2. Render a report, under oath, of their findings and recommendations to the Regional Director;
p.000007: 3. Summon any member of the FPIC Team, representative of the ICCs/IPs, or representative of the proponent to clarify
p.000007: matters contained in the report and the MOA;
p.000007: 4. Appear before the Commission when so required; and
p.000007: 5. Perform such other functions as may be directed by the Regional Director.
p.000007:
p.000007:
p.000007: PART III
p.000007: ACTIVITIES, PLANS, PROGRAMS, PROJECTS COVERED AND MANDATORY ACTIVITIES
p.000007: Section 19. Extractive/ Intrusive/ Large Scale. The following plans, projects, programs, and activities are considered
p.000007: large scale/extractive/intrusive:
p.000007: a. Exploration, development, exploitation, utilization of land, energy, mineral, forest, water, marine, air, and other
p.000007: natural resources requiring permits, licenses, lease, contracts, concession, or agreements e.g production-sharing
p.000007: agreement, from the appropriate national or local government agencies, including feasibility studies related thereto;
p.000007: b. Those that may lead to the displacement and/or relocation of ICCs/IPs;
p.000007: c. Resettlement programs or projects by the government or any of its instrumentalities that may introduce migrants;
p.000007: d. Declaration and management of protected and environmentally critical areas, and other related undertakings;
p.000007: e. Bio-prospecting and related activities;
p.000007: f. Activities that would affect their spiritual and religious traditions, customs
p.000007: and ceremonies, including ceremonial objects, archeological exploration, diggings and excavations and access to
p.000007: religious and cultural sites:
p.000007: g. Industrial land use including the establishment of economic zones;
p.000007: h. Large scale agricultural and forestry management projects;
p.000007: i. Carbon trading and related activities;
p.000007: j. Large scale tourism projects;
p.000007: k. Establishment of temporary or permanent military facilities; conduct of military exercises, or organizing
p.000007: para-military forces;
p.000007: l. Issuance of land tenure instrument or resource use instrument by any government agency and related activities; and
p.000007: m. Others analogous to the foregoing, except small-scale quarrying.
p.000007: The foregoing shall be governed by the FPIC process in Section 22 of this Guidelines.
p.000007: Section 20. Who Shall Exercise the Right to FPIC. All ICCs/IPs who are owners of the ancestral domain have the right to
p.000007: exercise FPIC on/for any of the activities listed in the immediately preceding section; Provided, that in case the AD
p.000007: is owned by two (2) or more ICC/IP sub-groups, or under a unified claim, provisions of their duly executed and
p.000007: validly existing agreement shall be followed, if any, otherwise, all ICCs/IPs sub- 8
p.000007: https://wipolex.wipo.int/en/text/414691
p.000007: Page 7 of 27
p.000007:
p.000007: WIPOLex
p.000007: 4/6/20,
p.000007: 6(04 PM
p.000007:
p.000007: groups, tribes shall all participate in the decision-making in accordance with their applicable customary law/s;
p.000007: Provided further, that when there are two or more domains affected, the ICCs/IPs owning such domains shall exercise the
...
p.000016: determine the consent of the Community, the process shall be as follows:
p.000016: (1) The Regional Director, motu proprio or upon receipt of the written request for validation, shall constitute a team
p.000016: composed of not more than three (3) from the provincial office or CSC, as the case may be, to conduct a field
p.000016: validation;
p.000016: (2) The team shall immediately conduct the validation and thereafter submit the appropriate report, prepared under
p.000016: oath, to the Regional Director within ten (10) days from commencement thereof;
p.000016: (3) The process of validation shall be done through interviews of elders/leaders and other community members; and
p.000016: (4) If the validation yielded positive report, the Regional Director shall within three (3) days, from receipt, prepare
p.000016: the CP and validation documents to be transmitted to the concerned commissioner for concurrence, copy furnished ADO.
p.000016: Once concurred, the same shall be endorsed to the Chairperson for confirmation. Otherwise, the Regional Director shall
p.000016: return the documents to the applicant/petitioner.
p.000016: Even if an activity is covered under Sections 39, 40, 41, and 42, the NCIP may exercise its injunctive powers upon a
p.000016: written complaint of any member of the affected community to enjoin the conduct or continued implementation of the
p.000016: program, project, plan or activity in order to safeguard the rights and interests of the community. (34a)
p.000016:
p.000016:
p.000016: Section 44. Emergency Cases. Where the conduct of plans, projects or activities of the government or any civic,
p.000016: religious, or similar organizations within ancestral domains is in response to emergency situations involving public
p.000016: order, health, security or safety including military operations within ancestral domain areas when made in connection
p.000016: with hot pursuit operations, securing vital government installations, programs and projects against clear and imminent
p.000016: danger FPIC shall not be required.
p.000016: Section 45. Regulation of Entry of Migrants and Other Entities. All migrants and other entities must first secure the
p.000016: express permission of the community’s Council of Elders/Leaders who shall, in accordance with their consensus building
p.000016: process, community practices, customs and traditions and upon the free and informed prior consent of the community
p.000016: members agree to accept such migrant or entity within the domains, subject to the following conditions:
p.000017: 17
p.000017:
p.000017: a. Said persons and entities can be allowed to perform activities as are expressly authorized and which are not
p.000017: inimical to the development of the ancestral domains and cultural integrity of the ICCs/IPs, and
p.000017: b. The ICCs/IPs shall maintain the right to impose penalties for violations of the conditions in accordance with their
p.000017: customary laws.
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 16 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
...
p.000023: regulations governing public officers/employees.
p.000023:
p.000023: c. By the IP Community or Member and/or Elders/Leaders
p.000023:
p.000023: 1) Solicitation and acceptance or receipt of gifts, money or other valuable things from the applicant intended to
p.000023: unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 2) Consorting with the applicant or with any person connected to or mediating
p.000023: for the latter intended to unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 3) Negotiating or mediating or transacting business with the applicant without proper authority from the affected
p.000023: ICC/IP; and
p.000023: 4) Giving or promising to give his consent in consideration of any offer,
p.000023: promise, future reward, privilege or benefit from the applicant other than what has been provided for or explained by
p.000023: the applicant to the Council of Elders or Leaders and community members during the consultation meetings.
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
p.000023:
p.000023: Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the parties are given the opportunity
p.000023: to be heard, as follows:
p.000023: a) Grave Violations. Commission of any of the prohibited acts by the applicant/s considered grave violations shall
p.000023: constitute a ground for the non-issuance of the certificate applied for.
p.000023: The violation is considered grave when the commission of the prohibited act is intentional and has resulted to loss of
p.000023: life or serious damage to property of an IP member of the community, committed by means of, but not limited to,
p.000023: employment or use of force, threat, coercion, intimidation, violence, including those done by individuals or group of
p.000023: persons acting for the applicant, including repeated commission of prohibited acts considered not grave.
p.000023: Grave violations shall be a ground for disqualification on future applications for certificate precondition within
p.000023: ancestral domain areas, without prejudice to filing of appropriate criminal action against the offender under IPRA or
p.000023: the Revised Penal Code and other special laws. The imposition of disqualification can be lifted only upon petition by
p.000023: the individual or entity upon whom the disqualification was imposed, stating the grounds why the disqualification
p.000023: should be lifted. No such petition shall be entertained by the Commission without the favorable recommendation of the
p.000023: IP community concerned whose rights were seriously violated.
...
Social / Soldier
Searching for indicator military:
(return to top)
p.000007:
p.000007:
p.000007: PART III
p.000007: ACTIVITIES, PLANS, PROGRAMS, PROJECTS COVERED AND MANDATORY ACTIVITIES
p.000007: Section 19. Extractive/ Intrusive/ Large Scale. The following plans, projects, programs, and activities are considered
p.000007: large scale/extractive/intrusive:
p.000007: a. Exploration, development, exploitation, utilization of land, energy, mineral, forest, water, marine, air, and other
p.000007: natural resources requiring permits, licenses, lease, contracts, concession, or agreements e.g production-sharing
p.000007: agreement, from the appropriate national or local government agencies, including feasibility studies related thereto;
p.000007: b. Those that may lead to the displacement and/or relocation of ICCs/IPs;
p.000007: c. Resettlement programs or projects by the government or any of its instrumentalities that may introduce migrants;
p.000007: d. Declaration and management of protected and environmentally critical areas, and other related undertakings;
p.000007: e. Bio-prospecting and related activities;
p.000007: f. Activities that would affect their spiritual and religious traditions, customs
p.000007: and ceremonies, including ceremonial objects, archeological exploration, diggings and excavations and access to
p.000007: religious and cultural sites:
p.000007: g. Industrial land use including the establishment of economic zones;
p.000007: h. Large scale agricultural and forestry management projects;
p.000007: i. Carbon trading and related activities;
p.000007: j. Large scale tourism projects;
p.000007: k. Establishment of temporary or permanent military facilities; conduct of military exercises, or organizing
p.000007: para-military forces;
p.000007: l. Issuance of land tenure instrument or resource use instrument by any government agency and related activities; and
p.000007: m. Others analogous to the foregoing, except small-scale quarrying.
p.000007: The foregoing shall be governed by the FPIC process in Section 22 of this Guidelines.
p.000007: Section 20. Who Shall Exercise the Right to FPIC. All ICCs/IPs who are owners of the ancestral domain have the right to
p.000007: exercise FPIC on/for any of the activities listed in the immediately preceding section; Provided, that in case the AD
p.000007: is owned by two (2) or more ICC/IP sub-groups, or under a unified claim, provisions of their duly executed and
p.000007: validly existing agreement shall be followed, if any, otherwise, all ICCs/IPs sub- 8
p.000007: https://wipolex.wipo.int/en/text/414691
p.000007: Page 7 of 27
p.000007:
p.000007: WIPOLex
p.000007: 4/6/20,
p.000007: 6(04 PM
p.000007:
p.000007: groups, tribes shall all participate in the decision-making in accordance with their applicable customary law/s;
p.000007: Provided further, that when there are two or more domains affected, the ICCs/IPs owning such domains shall exercise the
p.000007: right to FPIC separately; Provided furthermore, that affected migrant IPs inside the domain/s may participate in the
p.000007: exercise of the right to FPIC if expressly allowed by the domain owners.
p.000007: Unless specifically stated in the MOA, separate exercise of the right to FPIC shall be for each major phase of the
p.000007: proposed activity such as Exploration; Operation or Development; Contracting of operator; and the like.
p.000007: Nothing in this provision may be interpreted to prejudice the rights of persons under other existing laws.
p.000007:
p.000007:
...
p.000016: composed of not more than three (3) from the provincial office or CSC, as the case may be, to conduct a field
p.000016: validation;
p.000016: (2) The team shall immediately conduct the validation and thereafter submit the appropriate report, prepared under
p.000016: oath, to the Regional Director within ten (10) days from commencement thereof;
p.000016: (3) The process of validation shall be done through interviews of elders/leaders and other community members; and
p.000016: (4) If the validation yielded positive report, the Regional Director shall within three (3) days, from receipt, prepare
p.000016: the CP and validation documents to be transmitted to the concerned commissioner for concurrence, copy furnished ADO.
p.000016: Once concurred, the same shall be endorsed to the Chairperson for confirmation. Otherwise, the Regional Director shall
p.000016: return the documents to the applicant/petitioner.
p.000016: Even if an activity is covered under Sections 39, 40, 41, and 42, the NCIP may exercise its injunctive powers upon a
p.000016: written complaint of any member of the affected community to enjoin the conduct or continued implementation of the
p.000016: program, project, plan or activity in order to safeguard the rights and interests of the community. (34a)
p.000016:
p.000016:
p.000016: Section 44. Emergency Cases. Where the conduct of plans, projects or activities of the government or any civic,
p.000016: religious, or similar organizations within ancestral domains is in response to emergency situations involving public
p.000016: order, health, security or safety including military operations within ancestral domain areas when made in connection
p.000016: with hot pursuit operations, securing vital government installations, programs and projects against clear and imminent
p.000016: danger FPIC shall not be required.
p.000016: Section 45. Regulation of Entry of Migrants and Other Entities. All migrants and other entities must first secure the
p.000016: express permission of the community’s Council of Elders/Leaders who shall, in accordance with their consensus building
p.000016: process, community practices, customs and traditions and upon the free and informed prior consent of the community
p.000016: members agree to accept such migrant or entity within the domains, subject to the following conditions:
p.000017: 17
p.000017:
p.000017: a. Said persons and entities can be allowed to perform activities as are expressly authorized and which are not
p.000017: inimical to the development of the ancestral domains and cultural integrity of the ICCs/IPs, and
p.000017: b. The ICCs/IPs shall maintain the right to impose penalties for violations of the conditions in accordance with their
p.000017: customary laws.
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 16 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017: Section 46. FPIC of Resettled/Relocated or Displaced ICCs/IPs Within Public Domains. A group or a community of ICCs/IPs
...
Social / Threat of Stigma
Searching for indicator threat:
(return to top)
p.000021: and properties of an individual member, as this is a distinct obligation of the company and not part of royalties
p.000021: Section 63. Transparency Mechanism. The IPO shall prepare periodic financial reports, and annual financial statements
p.000021: duly audited, and furnish copies of the same to the NCIP. The same must also be reported to the general membership
p.000021: during the annual assembly that must be convened to tackle financial and other community or IPO concerns.
p.000021:
p.000021:
p.000021:
p.000021:
p.000021:
p.000021: https://wipolex.wipo.int/en/text/414691
p.000021: Page 22 of 27
p.000021:
p.000021: WIPOLex
p.000021: 4/6/20,
p.000021: 6(04 PM
p.000021:
p.000021: Section 64. Monitoring and Visitorial Powers. In the exercise of its mandate to protect the well-being and promote the
p.000021: rights of ICCs/IPs, the NCIP may direct financial and management audits of IPOs managing royalties and other benefits
p.000021: or exercise its visitorial powers as provided for by law.
p.000022: 22
p.000022:
p.000022:
p.000022: PART IX
p.000022: PROHIBITED ACTS AND REMEDIES
p.000022: Section 65. Prohibited Acts. After the filing of the application and during the period that the application is pending,
p.000022: any of the following acts or omissions are hereby declared either as acts prejudicial to the interest of the IP
p.000022: community in the attainment of their consent or acts in circumvention of the intent of the law in requiring the free,
p.000022: prior and informed consent of ICC/IP community and are therefore prohibited:
p.000022: a. By the applicant:
p.000022: 1) Employment or use of force, threat, coercion, intimidation, at any degree or in any manner, including those done by
p.000022: individuals or group of persons acting for the applicant;
p.000022: 2) Bringing of firearm/s in the community during visits by the applicant or
p.000022: group of persons acting for the applicant. When needed, armed security shall be obtained from local police authorities
p.000022: or the AFP as requested by NCIP;
p.000022: 3) Bribery or promise of money, privilege, benefit or reward other than what is presented by the applicant during the
p.000022: consultative community assembly/first meeting [Sec. 22 and 24] with the elders/leaders;
p.000022: 4) Clandestine or surreptitious negotiations with IP individuals, some members of the community concerned or leaders
p.000022: done, without the knowledge of the council of elders, leaders or majority of members of the community;
p.000022: 5) Donations to the community or to any of its members for the purpose of influencing the decision of the ICCs/IPs.
p.000022: 6) Holding of unauthorized meetings such as but not limited to wining and/or dining sessions, and the like or such
p.000022: other activities with the NCIP Official and personnel and/or members of the affected community, with the intention of
p.000022: unduly influencing the result of the FPIC process.
p.000022: 7) Deliberately delaying the progress of the FPIC process which cause division among the concerned ICCs/IPs.
p.000022: b. By the NCIP Officer or Employee:
p.000022: 1. Acceptance or receipt of money, gifts or other valuable thing from the applicant intended to unduly influence the
p.000022: outcome of the FPIC process;
...
p.000023: 3) Negotiating or mediating or transacting business with the applicant without proper authority from the affected
p.000023: ICC/IP; and
p.000023: 4) Giving or promising to give his consent in consideration of any offer,
p.000023: promise, future reward, privilege or benefit from the applicant other than what has been provided for or explained by
p.000023: the applicant to the Council of Elders or Leaders and community members during the consultation meetings.
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
p.000023:
p.000023: Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the parties are given the opportunity
p.000023: to be heard, as follows:
p.000023: a) Grave Violations. Commission of any of the prohibited acts by the applicant/s considered grave violations shall
p.000023: constitute a ground for the non-issuance of the certificate applied for.
p.000023: The violation is considered grave when the commission of the prohibited act is intentional and has resulted to loss of
p.000023: life or serious damage to property of an IP member of the community, committed by means of, but not limited to,
p.000023: employment or use of force, threat, coercion, intimidation, violence, including those done by individuals or group of
p.000023: persons acting for the applicant, including repeated commission of prohibited acts considered not grave.
p.000023: Grave violations shall be a ground for disqualification on future applications for certificate precondition within
p.000023: ancestral domain areas, without prejudice to filing of appropriate criminal action against the offender under IPRA or
p.000023: the Revised Penal Code and other special laws. The imposition of disqualification can be lifted only upon petition by
p.000023: the individual or entity upon whom the disqualification was imposed, stating the grounds why the disqualification
p.000023: should be lifted. No such petition shall be entertained by the Commission without the favorable recommendation of the
p.000023: IP community concerned whose rights were seriously violated.
p.000023: b) Less Grave Violations. Commission of any of the prohibited acts by or attributable to the applicant, may constitute
p.000023: grounds for the suspension of the FPIC process by the Regional Director until such time that the violation is
p.000023: sufficiently
p.000023:
p.000024: 24
p.000024:
p.000024: addressed as certified to by the concerned elders/leaders, in which event, the Regional Director shall order the
p.000024: continuation of the FPIC process.
p.000024: Less grave violations refer to the commission of prohibited acts intentionally committed, but which do not result to
p.000024: loss of life or serious damage to property of an IP member of the community.
p.000024: For deliberate delay in the conduct of the FPIC process, attributable to the applicant, the application shall, upon
...
Social / Threat of Violence
Searching for indicator violence:
(return to top)
p.000023: ICC/IP; and
p.000023: 4) Giving or promising to give his consent in consideration of any offer,
p.000023: promise, future reward, privilege or benefit from the applicant other than what has been provided for or explained by
p.000023: the applicant to the Council of Elders or Leaders and community members during the consultation meetings.
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
p.000023:
p.000023: Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the parties are given the opportunity
p.000023: to be heard, as follows:
p.000023: a) Grave Violations. Commission of any of the prohibited acts by the applicant/s considered grave violations shall
p.000023: constitute a ground for the non-issuance of the certificate applied for.
p.000023: The violation is considered grave when the commission of the prohibited act is intentional and has resulted to loss of
p.000023: life or serious damage to property of an IP member of the community, committed by means of, but not limited to,
p.000023: employment or use of force, threat, coercion, intimidation, violence, including those done by individuals or group of
p.000023: persons acting for the applicant, including repeated commission of prohibited acts considered not grave.
p.000023: Grave violations shall be a ground for disqualification on future applications for certificate precondition within
p.000023: ancestral domain areas, without prejudice to filing of appropriate criminal action against the offender under IPRA or
p.000023: the Revised Penal Code and other special laws. The imposition of disqualification can be lifted only upon petition by
p.000023: the individual or entity upon whom the disqualification was imposed, stating the grounds why the disqualification
p.000023: should be lifted. No such petition shall be entertained by the Commission without the favorable recommendation of the
p.000023: IP community concerned whose rights were seriously violated.
p.000023: b) Less Grave Violations. Commission of any of the prohibited acts by or attributable to the applicant, may constitute
p.000023: grounds for the suspension of the FPIC process by the Regional Director until such time that the violation is
p.000023: sufficiently
p.000023:
p.000024: 24
p.000024:
p.000024: addressed as certified to by the concerned elders/leaders, in which event, the Regional Director shall order the
p.000024: continuation of the FPIC process.
p.000024: Less grave violations refer to the commission of prohibited acts intentionally committed, but which do not result to
p.000024: loss of life or serious damage to property of an IP member of the community.
p.000024: For deliberate delay in the conduct of the FPIC process, attributable to the applicant, the application shall, upon
p.000024: order of the Regional Director, be returned to the endorsing agency.
...
Social / Victim of Abuse
Searching for indicator abuse:
(return to top)
p.000015: agencies and LGU Projects. Projects, programs and activities undertaken by NCIP itself or in cooperation with other
p.000015: government agencies and LGU projects shall also be validated to determine if they coincide or complement with the
p.000015: development priorities of the community and will not in any way adversely affect their well- being.(n)
p.000015: Section 41. Foreign Funded Project Undertaken in Cooperation with the NCIP. NCIP may enter into cooperation with
p.000015: foreign funding agencies for projects involving delivery of basic services or for the promotion of economic and
p.000015: sustainable
p.000016: 16
p.000016:
p.000016: development, in which case, the requirements of FPIC may be dispensed with and that only validation under the preceding
p.000016: sections of this Guidelines may suffice. Projects undertaken by international funding agencies or institutions by
p.000016: themselves or in cooperation with non-government organizations or institutions shall, however, be subject to the
p.000016: appropriate FPIC process as provided in the applicable provisions of this Guidelines or other pertinent NCIP
p.000016: Guidelines.
p.000016:
p.000016:
p.000016: Section 42. Exercise of Traditional Resource-Use Rights. Gathering, hunting and such other traditional use by members
p.000016: of the ICC/IP of natural resources found within their ancestral domain including gathering of rattan and other forest
p.000016: products for family/personal consumption, subsistence and livelihood, do not require the conduct of the FPIC Process as
p.000016: provided in this Guidelines, provided, that the use shall be limited for the ICC/IPs’ traditional use. To avoid
p.000016: circumvention or abuse of this provision, the NCIP shall validate such utilization upon the complaint of any member of
p.000016: the council of elders/leaders.
p.000016:
p.000016:
p.000016: https://wipolex.wipo.int/en/text/414691
p.000016: Page 15 of 27
p.000016:
p.000016: WIPOLex
p.000016: 4/6/20,
p.000016: 6(04 PM
p.000016:
p.000016: Section 43. Objects and Process of Validation. Where validation is required in the sections 39, 40, 41, and 42 to
p.000016: determine the consent of the Community, the process shall be as follows:
p.000016: (1) The Regional Director, motu proprio or upon receipt of the written request for validation, shall constitute a team
p.000016: composed of not more than three (3) from the provincial office or CSC, as the case may be, to conduct a field
p.000016: validation;
p.000016: (2) The team shall immediately conduct the validation and thereafter submit the appropriate report, prepared under
p.000016: oath, to the Regional Director within ten (10) days from commencement thereof;
p.000016: (3) The process of validation shall be done through interviews of elders/leaders and other community members; and
p.000016: (4) If the validation yielded positive report, the Regional Director shall within three (3) days, from receipt, prepare
p.000016: the CP and validation documents to be transmitted to the concerned commissioner for concurrence, copy furnished ADO.
p.000016: Once concurred, the same shall be endorsed to the Chairperson for confirmation. Otherwise, the Regional Director shall
p.000016: return the documents to the applicant/petitioner.
p.000016: Even if an activity is covered under Sections 39, 40, 41, and 42, the NCIP may exercise its injunctive powers upon a
p.000016: written complaint of any member of the affected community to enjoin the conduct or continued implementation of the
...
Social / education
Searching for indicator education:
(return to top)
p.000002: information regarding changes in environmental quality associated with a proposed project and which examines the range
p.000002: of alternatives for the objectives of the proposal and their impact on the environment.
p.000002: h. Extractive or Large Scale Activities. These refer to the activities enumerated in Sec. 19 of this Guidelines.
p.000002: i. Field-Based Investigation (FBI). It refers to the ground investigation undertaken to determine whether or not the
p.000002: plan,
p.000002:
p.000002:
p.000002: https://wipolex.wipo.int/en/text/414691
p.000002: Page 2 of 27
p.000002:
p.000002: WIPOLex
p.000002: 4/6/20,
p.000002: 6(04 PM
p.000002:
p.000002: program, project or activity overlaps with, or affects, an ancestral domain, the extent of the affected area, and the
p.000002: ICCs/IPs whose FPIC is to be obtained.
p.000002: j. Indigenous elder/leader. An indigenous elder/leader emerges from the dynamics of customary laws and practices; they
p.000002: evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs. They are recognized as
p.000002: authority in conflict resolution and peace-building processes, on spiritual rites and ceremonies and in doing so,
p.000002: possess the attributes of wisdom and integrity. They lead and assist the community in decision- making processes
p.000002: towards the protection and promotion of their rights and the sustainable development of their ancestral domains.
p.000002:
p.000003: 3
p.000003:
p.000003: k. Independent Expert. Refers to a person specializing in related field whose education and/or experience can be a
p.000003: source of invaluable information pertaining to a particular issue and who is expected to give an objective information
p.000003: or opinion, that will help the ICCs/IPs to reach a sensible, intelligent and well-informed decision.
p.000003: l. Non-Extractive and/or Small Scale Activities. These are the activities enumerated in Section 24 of this Guidelines.
p.000003: m. Resolution of Consent. It refers to the written resolution adopted by the affected ICCs/IPs by themselves or through
p.000003: their duly authorized elders/leaders expressing their acceptance of the plan, program, project or activity.
p.000003: n. Resolution of Non-Consent. It refers to the written resolution adopted by the affected ICCs/IPs by themselves or
p.000003: through their duly authorized elders/leaders expressing their non-acceptance of the plan, program, project or activity
p.000003: and the reasons therefor.
p.000003:
p.000003:
p.000003: PART II PRELIMINARY ACTIVITIES
p.000003: Section 6. Application for Issuance of Certification Precondition. The application for CP shall be endorsed by the
p.000003: appropriate regulatory agency or unit of government to the NCIP Regional Office that has jurisdiction over the area
p.000003: where the plan, project, program or activity is sought to be undertaken, provided however, that for plans, programs,
p.000003: projects or activities affecting ancestral domains that do not require a permit, license or agreement from any
p.000003: government agency/instrumentality, the application shall be filed directly with the same NCIP Regional Office having
p.000003: jurisdiction over the area.
...
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017:
p.000017: PART VII
p.000017: EXERCISE OF PRIORITY RIGHTS
p.000017: .
p.000017:
p.000017:
p.000017: Section 50. Steps in the Declaration of EPR by the ICCs/IPs. In the
p.000017: declaration of the EPR by a particular ICC/IP community, the following must be observed:
p.000017: 1. Community Assembly. A community assembly of all members of the concerned ICC/IP community shall be held, at the
p.000017: community’s own initiative and expense, with notice to NCIP.
p.000017: For purposes of this Guidelines, the community assembly of all members shall be deemed sufficient and shall proceed
p.000017: after complying with the following rules:
p.000017:
p.000018: 18
p.000018:
p.000018: (a) Every household is entitled to one representative and, at least, majority of them must be physically present during
p.000018: the community assembly;
p.000018: (b) Majority of the representatives of the community identified as responsible to make decisions for the community are
p.000018: also present;
p.000018: (c) If it involves a CADT area, the representative/s identified in the claimbook or majority of them must also be
p.000018: present;
p.000018: (d) Public officials, officers or employees who are members of the community may be allowed to participate in the
p.000018: community assembly but as ordinary members, elders/leaders or community representatives, as the case may be. The
p.000018: community assembly shall take up the following, among others:
p.000018: a. Review of the population of the concerned ICC/IP community. Reference may be made to the CADT application, the
p.000018: ADSDPP formulated, and/or any other credible source of data/information;
p.000018: b. Information, Education, Consultation (IEC) on IPRA and pertinent provisions of its IRR and current NCIP guidelines;
p.000018: c. Identification of, and discussion on, the particular natural resource over which the community desires to exercise
p.000018: priority right, including its specific location; and
p.000018: d. Customary processes of arriving at a community consensus.
p.000018: 2. Community Resolution. Should the community decide to exercise their priority right, after complying with the
p.000018: foregoing, a community resolution shall be drafted, discussed, finalized and approved by a majority of all the members
p.000018: of the concerned ICC/IP community during the same assembly or in another assembly, as the case may be. The resolution
p.000018: shall, among others:
p.000018: a. Identify the specific natural resource;
p.000018: b. Delineate in detail the specific location and area where the subject natural resource is or may be found;
p.000018: c. Describe the capability and/or capacity of the community to undertake the activity they seek to engage in as
p.000018: consequence of the EPR; and
p.000018: d. List the names of community elders/leaders who are authorized to make the declaration of EPR.
p.000018: The approval of the community resolution by all members of the concerned ICC/IP community shall be deemed sufficient
p.000018: and approved if signed or thumb- marked by a majority of all the members and representatives physically present during
p.000018: the community assembly as mentioned in Article III, Section (1).
p.000018: 3. Declaration of EPR and EPR Plan. The elders/leaders named and authorized in the community resolution to make the
p.000018: declaration shall make the declaration of EPR. The declaration shall include an EPR Plan which shall contain, among
p.000018: others, the following:
p.000018:
...
p.000021:
p.000021:
p.000021: https://wipolex.wipo.int/en/text/414691
p.000021: Page 21 of 27
p.000021:
p.000021: WIPOLex
p.000021: 4/6/20,
p.000021: 6(04 PM
p.000021:
p.000021:
p.000021: Section 60. Release of Royalty Fees. The royalties may be
p.000021: released : a) directly to the account of the IPO of the ICCs/IPs duly established for the purpose, or b) to a Trustee
p.000021: Bank agreed upon which shall, in turn, be responsible for releases to the IPO account. In both cases, no release shall
p.000021: be made by the company to the IPO, or the trustee bank to the IPO, without the concurrence of the Commissioner from the
p.000021: Region and the Chairperson of NCIP duly secured by the IPO. The concurrence is intended to be a check on the use of the
p.000021: funds based on the CRDP.
p.000021: Section 61. Community Royalty Development Plan (CRDP). The ICC/IP receiving royalties and similar fees must formulate a
p.000021: development plan for the management and use of the same to be known as the CRDP. In the formulation of the said plan,
p.000021: the ADSDPP must be considered, and the ICCs/IPs can engage the services of a reputable public or private agency to
p.000021: provide consultancy and/or technical services. The CRDP shall be subject to confirmation by the Commission En Banc
p.000021: after verification and validation by the concerned field office.
p.000021: Section 62. Use of Royalty. The royalties must be used for programs and projects that will redound to the well-being
p.000021: and benefit of the ICCs/IPs entitled to it. It should have allocations for: Emergency concerns; Investments which may
p.000021: be short, medium or long term; Livelihood and social development projects which must be allocated not less than 30% of
p.000021: each and every release; Education and training of members, basic or professional; Capitalization for cooperative
p.000021: development; Credit facility; Salaries or wages of persons engaged to perform professional services; Mutual assistance,
p.000021: and the like. It must never be used as payment for damages caused by the proponent/company’s activities to the person
p.000021: and properties of an individual member, as this is a distinct obligation of the company and not part of royalties
p.000021: Section 63. Transparency Mechanism. The IPO shall prepare periodic financial reports, and annual financial statements
p.000021: duly audited, and furnish copies of the same to the NCIP. The same must also be reported to the general membership
p.000021: during the annual assembly that must be convened to tackle financial and other community or IPO concerns.
p.000021:
p.000021:
p.000021:
p.000021:
p.000021:
p.000021: https://wipolex.wipo.int/en/text/414691
p.000021: Page 22 of 27
p.000021:
p.000021: WIPOLex
p.000021: 4/6/20,
p.000021: 6(04 PM
p.000021:
p.000021: Section 64. Monitoring and Visitorial Powers. In the exercise of its mandate to protect the well-being and promote the
p.000021: rights of ICCs/IPs, the NCIP may direct financial and management audits of IPOs managing royalties and other benefits
p.000021: or exercise its visitorial powers as provided for by law.
p.000022: 22
p.000022:
p.000022:
p.000022: PART IX
p.000022: PROHIBITED ACTS AND REMEDIES
p.000022: Section 65. Prohibited Acts. After the filing of the application and during the period that the application is pending,
p.000022: any of the following acts or omissions are hereby declared either as acts prejudicial to the interest of the IP
...
Social / employees
Searching for indicator employees:
(return to top)
p.000017: Section 49. Community-Initiated or Solicited Research. Research activities solicited, commissioned or conducted by the
p.000017: concerned ICC/IP themselves to be undertaken within or affecting the ancestral domain, shall be governed by the
p.000017: Guidelines on IKSP/Customary Law research and documentation.
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 17 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
p.000017:
p.000017: PART VII
p.000017: EXERCISE OF PRIORITY RIGHTS
p.000017: .
p.000017:
p.000017:
p.000017: Section 50. Steps in the Declaration of EPR by the ICCs/IPs. In the
p.000017: declaration of the EPR by a particular ICC/IP community, the following must be observed:
p.000017: 1. Community Assembly. A community assembly of all members of the concerned ICC/IP community shall be held, at the
p.000017: community’s own initiative and expense, with notice to NCIP.
p.000017: For purposes of this Guidelines, the community assembly of all members shall be deemed sufficient and shall proceed
p.000017: after complying with the following rules:
p.000017:
p.000018: 18
p.000018:
p.000018: (a) Every household is entitled to one representative and, at least, majority of them must be physically present during
p.000018: the community assembly;
p.000018: (b) Majority of the representatives of the community identified as responsible to make decisions for the community are
p.000018: also present;
p.000018: (c) If it involves a CADT area, the representative/s identified in the claimbook or majority of them must also be
p.000018: present;
p.000018: (d) Public officials, officers or employees who are members of the community may be allowed to participate in the
p.000018: community assembly but as ordinary members, elders/leaders or community representatives, as the case may be. The
p.000018: community assembly shall take up the following, among others:
p.000018: a. Review of the population of the concerned ICC/IP community. Reference may be made to the CADT application, the
p.000018: ADSDPP formulated, and/or any other credible source of data/information;
p.000018: b. Information, Education, Consultation (IEC) on IPRA and pertinent provisions of its IRR and current NCIP guidelines;
p.000018: c. Identification of, and discussion on, the particular natural resource over which the community desires to exercise
p.000018: priority right, including its specific location; and
p.000018: d. Customary processes of arriving at a community consensus.
p.000018: 2. Community Resolution. Should the community decide to exercise their priority right, after complying with the
p.000018: foregoing, a community resolution shall be drafted, discussed, finalized and approved by a majority of all the members
p.000018: of the concerned ICC/IP community during the same assembly or in another assembly, as the case may be. The resolution
p.000018: shall, among others:
p.000018: a. Identify the specific natural resource;
p.000018: b. Delineate in detail the specific location and area where the subject natural resource is or may be found;
p.000018: c. Describe the capability and/or capacity of the community to undertake the activity they seek to engage in as
p.000018: consequence of the EPR; and
p.000018: d. List the names of community elders/leaders who are authorized to make the declaration of EPR.
...
p.000022: 3. Deliberate failure to act appropriately on complaints coming from the community concerning prohibited acts committed
p.000022: by the applicant or the latter’s representatives;
p.000022: 4. Gross negligence or deliberate omission to perform his duty required of him by this Guidelines;
p.000022: 5. Acting on or performing his duty in consideration of any offer, promise of future reward, privilege or benefit from
p.000022: the applicant;
p.000022: 6. Undue interference in the work of the FBIT/ FPICT/ RRT or doing the latter’s work without being a member thereof;
p.000022: 7. Use of falsified narration of facts in reports, attachments or any supporting documents in the reports submitted
p.000022: with respect to FBI, and all other necessary documents covered by the FPIC;
p.000022: 8. Holding of unauthorized meetings such as but not limited to wining and dining drinking sessions, and the like or
p.000022: such other activities with the applicant and/or members of the affected community, with the intention of unduly
p.000022: influencing the result of the FPIC process in favor of the applicant; and
p.000022:
p.000023: 23
p.000023:
p.000023:
p.000023: https://wipolex.wipo.int/en/text/414691
p.000023: Page 23 of 27
p.000023:
p.000023: WIPOLex
p.000023: 4/6/20,
p.000023: 6(04 PM
p.000023:
p.000023: 9. Demanding or receiving from the applicant, IP community, or support institutions like NGOs, government agencies and
p.000023: institutions money, or any gift, donation or other valuable thing outside the approved work and financial and/or
p.000023: supplemental plan for the conduct of FBI and FPIC processes.
p.000023: Any other acts or omission by NCIP officer or employee punishable or prohibited under any existing laws, rules and
p.000023: regulations governing public officers/employees.
p.000023:
p.000023: c. By the IP Community or Member and/or Elders/Leaders
p.000023:
p.000023: 1) Solicitation and acceptance or receipt of gifts, money or other valuable things from the applicant intended to
p.000023: unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 2) Consorting with the applicant or with any person connected to or mediating
p.000023: for the latter intended to unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 3) Negotiating or mediating or transacting business with the applicant without proper authority from the affected
p.000023: ICC/IP; and
p.000023: 4) Giving or promising to give his consent in consideration of any offer,
p.000023: promise, future reward, privilege or benefit from the applicant other than what has been provided for or explained by
p.000023: the applicant to the Council of Elders or Leaders and community members during the consultation meetings.
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
p.000023:
p.000023: Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the parties are given the opportunity
p.000023: to be heard, as follows:
...
p.000023: the Revised Penal Code and other special laws. The imposition of disqualification can be lifted only upon petition by
p.000023: the individual or entity upon whom the disqualification was imposed, stating the grounds why the disqualification
p.000023: should be lifted. No such petition shall be entertained by the Commission without the favorable recommendation of the
p.000023: IP community concerned whose rights were seriously violated.
p.000023: b) Less Grave Violations. Commission of any of the prohibited acts by or attributable to the applicant, may constitute
p.000023: grounds for the suspension of the FPIC process by the Regional Director until such time that the violation is
p.000023: sufficiently
p.000023:
p.000024: 24
p.000024:
p.000024: addressed as certified to by the concerned elders/leaders, in which event, the Regional Director shall order the
p.000024: continuation of the FPIC process.
p.000024: Less grave violations refer to the commission of prohibited acts intentionally committed, but which do not result to
p.000024: loss of life or serious damage to property of an IP member of the community.
p.000024: For deliberate delay in the conduct of the FPIC process, attributable to the applicant, the application shall, upon
p.000024: order of the Regional Director, be returned to the endorsing agency.
p.000024: If the extent of the commission of the prohibited act would adversely affect the outcome of the community consent
p.000024: proceedings, the said proceedings shall, upon written request, be suspended by the Regional Director until it is shown
p.000024: that the prohibited act done has already been addressed.
p.000024: c) Commission of any of the prohibited acts by or attributable to NCIP officers or employees will be proceeded against,
p.000024: and proper sanction shall be imposed, in accordance with existing laws, rules and regulations. In addition, he shall
p.000024: be, upon finding of prima facie evidence, immediately divested of his authority to be part of the proceedings upon
p.000024: order of the Regional Director and the former will be proceeded against criminally and/or administratively in
p.000024: accordance with the Civil Service Rules and Regulations on discipline.
p.000024: Commission of any of the prohibited acts by or attributable to the NCIP Regional Director or the ADO Director shall,
p.000024: upon
p.000024:
p.000024: https://wipolex.wipo.int/en/text/414691
p.000024: Page 24 of 27
p.000024:
p.000024: WIPOLex
p.000024: 4/6/20,
p.000024: 6(04 PM
p.000024:
p.000024: finding of prima facie evidence, after hearing, immediately divest him/her of his/her authority to be part of the
p.000024: proceedings upon order of the Commission. In addition, the Commission shall file the necessary Criminal and
p.000024: Administrative Charges against the erring officer.
p.000024: d) Prohibited acts committed by any officer or employee of any Government Agencies (GAs) /Local Government Units (LGUs)
p.000024: will be proceeded against, and proper sanction shall be imposed, in accordance with existing laws, rules and
p.000024: regulations.
p.000024: e) Prohibited acts committed by any member of NGOs and other groups or individuals shall be a ground for a warning,
p.000024: contempt or exclusion from the FPIC proceedings applying the Commission’s subpoena and contempt powers.
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.000002: h. Extractive or Large Scale Activities. These refer to the activities enumerated in Sec. 19 of this Guidelines.
p.000002: i. Field-Based Investigation (FBI). It refers to the ground investigation undertaken to determine whether or not the
p.000002: plan,
p.000002:
p.000002:
p.000002: https://wipolex.wipo.int/en/text/414691
p.000002: Page 2 of 27
p.000002:
p.000002: WIPOLex
p.000002: 4/6/20,
p.000002: 6(04 PM
p.000002:
p.000002: program, project or activity overlaps with, or affects, an ancestral domain, the extent of the affected area, and the
p.000002: ICCs/IPs whose FPIC is to be obtained.
p.000002: j. Indigenous elder/leader. An indigenous elder/leader emerges from the dynamics of customary laws and practices; they
p.000002: evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs. They are recognized as
p.000002: authority in conflict resolution and peace-building processes, on spiritual rites and ceremonies and in doing so,
p.000002: possess the attributes of wisdom and integrity. They lead and assist the community in decision- making processes
p.000002: towards the protection and promotion of their rights and the sustainable development of their ancestral domains.
p.000002:
p.000003: 3
p.000003:
p.000003: k. Independent Expert. Refers to a person specializing in related field whose education and/or experience can be a
p.000003: source of invaluable information pertaining to a particular issue and who is expected to give an objective information
p.000003: or opinion, that will help the ICCs/IPs to reach a sensible, intelligent and well-informed decision.
p.000003: l. Non-Extractive and/or Small Scale Activities. These are the activities enumerated in Section 24 of this Guidelines.
p.000003: m. Resolution of Consent. It refers to the written resolution adopted by the affected ICCs/IPs by themselves or through
p.000003: their duly authorized elders/leaders expressing their acceptance of the plan, program, project or activity.
p.000003: n. Resolution of Non-Consent. It refers to the written resolution adopted by the affected ICCs/IPs by themselves or
p.000003: through their duly authorized elders/leaders expressing their non-acceptance of the plan, program, project or activity
p.000003: and the reasons therefor.
p.000003:
p.000003:
p.000003: PART II PRELIMINARY ACTIVITIES
p.000003: Section 6. Application for Issuance of Certification Precondition. The application for CP shall be endorsed by the
p.000003: appropriate regulatory agency or unit of government to the NCIP Regional Office that has jurisdiction over the area
p.000003: where the plan, project, program or activity is sought to be undertaken, provided however, that for plans, programs,
p.000003: projects or activities affecting ancestral domains that do not require a permit, license or agreement from any
p.000003: government agency/instrumentality, the application shall be filed directly with the same NCIP Regional Office having
p.000003: jurisdiction over the area.
p.000003: In case the project is within two (2) or more regions, the endorsement or application shall be transmitted to the
p.000003: Director of the Ancestral Domains Office (ADO) who shall decide which Regional Office shall take the lead in
...
p.000007: the FPIC process; b) Validation FBI report and the area/s affected; c) The Census of IPs/Migrant IPs/Non-IPs; d)
p.000007: Identification and validation of IP Elders and Leaders; e) Determination of the Decision-making or consensus-building
p.000007: process/es; f) Consensus on the involvement of NGOs/CSOs; g)
p.000007:
p.000009: 9
p.000009:
p.000009:
p.000009:
p.000009:
p.000009: https://wipolex.wipo.int/en/text/414691
p.000009: Page 8 of 27
p.000009:
p.000009: WIPOLex
p.000009: 4/6/20,
p.000009: 6(04 PM
p.000009:
p.000009: Validation of the members of the FPIC Team representing the community; h) Presentation of the agreed WFP; i) Option,
p.000009: selection and invitation of independent expert/s to conduct EIA or give their expert opinions; j) Arrangements for
p.000009: conflict/dispute resolution mechanisms by the chosen/elected IP Elders/Leaders; k) Date and place of Second community
p.000009: assembly; and l) Other matters that may be necessary and pertinent.
p.000009: The Second Community Assembly shall be held on a date and place within the AD decided upon during the First community
p.000009: assembly. In this assembly, the following shall be taken up or undertaken:
p.000009: 1. Presentation by the applicant of the plan, program, project or activity that it seeks to undertake. The presentation
p.000009: shall include: a) The Operation Plan and the scope and extent of the proposal; b) The cost and benefits of the proposal
p.000009: to the ICC/IP and their ancestral domains; c) The perceived disadvantages or adverse effects to the community; and d)
p.000009: The measures adopted by the applicant to avoid or mitigate these;
p.000009: 2. Sharing by an expert/s, if engaged or invited, to include presentation of the result of the EIA if available, expert
p.000009: opinion/s on any aspect, recommendation/s, and identification of affected area/s;
p.000009: 3. Remarks or inputs of other stakeholders, e.g. concerned NGAs, LGUs, NGO, IPO;
p.000009: 4. Open forum to give the ICCs/IPs the chance to ask questions and to speak out their concerns relative to the
p.000009: presentations and the project; and
p.000009: 5. Other important matters that are agreed upon during the assembly.
p.000009: If it becomes obvious or apparent that there are other ancestral domain/s that are affected, the FPIC process shall be
p.000009: undertaken in such area/s, either in one process or separately, depending on the obtaining facts and circumstances and
p.000009: the decision of the people of such affected area/s.
p.000009: Towards the end of the Second community assembly, the ICCs/IPs shall be left alone to agree on their decision-
p.000009: making/consensus-building schedules and when to come out with their decision. This activity must not be undertaken less
p.000009: than ten (10) days from the date of the Second community assembly and must be completed within a reasonable time but
p.000009: not more than two (2) months thereafter.
p.000009: Following the Second Community assembly shall be the consensus-building period. This is the period when the ICCs/ IPs
p.000009: shall proceed to consult among themselves, employing their own traditional consensus-building processes, to further
p.000009: understand and discern the merits/advantages and demerits/disadvantages of the proposal in order to intelligently
p.000009: arrive at a consensus. Except for NCIP representatives who shall document the proceedings, the applicant and
p.000009: non-members of the IP community are strictly enjoined from participating in the consensus-building activity or
...
p.000020: 4. Sharing of expert opinions by persons invited by the community;
p.000020: 5. Open Forum;
p.000020: 6. Consensus-building period which must include a reasonable time frame of activities for such, the manner by which it
p.000020: will be done ,and the date when the decision of the community will be made known to the Validating Team, by the
p.000020: authorized elders; and
p.000020: 7. Other matters that the community may deem necessary.
p.000020: The community may decide to accept or reject the proposed partner. If rejected, other persons may be considered, if
p.000020: any. If accepted, the appropriate MOA shall be drafted.
p.000020:
p.000020: Section 53. Memorandum of Agreement (MOA) on Partnership. The MOA between the community and the chosen partner shall be
p.000020: drafted and validated with the community in a validation assembly facilitated by the Validating Team, at the expense of
p.000020: the proposed partner, to determine compliance with this Guidelines and other pertinent laws, rules and regulations, and
p.000020: the terms and conditions agreed upon during the community assembly.
p.000020:
p.000020:
p.000020: Section 54. Report of the Validating Team. The report of the Validation Team, which shall be under oath, must include
p.000020: an executive summary with recommendations. It shall then be submitted to the Regional Director within fifteen (15) days
p.000020: from the termination of the validation period, who shall immediately refer the same to the RRT for review within three
p.000020: (3) working days. After receipt of the RRT review report, the Regional Director shall take such appropriate action he
p.000020: deems necessary, otherwise, he shall forthwith make a transmittal of the entire record, with his/her own
p.000020: recommendations, to the ADO Director who, after receipt, shall immediately request the LAO to issue legal opinion and
p.000020: furnish the concerned Commissioner a copy of the executive summary. After receiving the legal opinion, the ADO Director
p.000020: shall request for inclusion of the same in the agenda of the CEB for its next en banc session, through the Executive
p.000020: Director.
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020:
p.000020: https://wipolex.wipo.int/en/text/414691
p.000020: Page 20 of 27
p.000020:
p.000020: WIPOLex
p.000020: 4/6/20,
p.000020: 6(04 PM
p.000020:
p.000020: Section 55. Action by the CEB. After appropriate deliberation, the CEB may decide to issue the formal acknowledgment of
p.000020: EPR and/or direct otherwise, as it deems fit. Should it decide to grant the formal acknowledgment, the same shall be
p.000020: embodied in an En Banc Resolution and the corresponding Certification Precondition shall be issued accordingly. Should
p.000020: the CEB decide not to confirm the EPR declaration, its denial and the grounds thereof shall be embodied in an En Banc
p.000020: Resolution. All such actions shall be transmitted by ADO to other appropriate government agencies, the community, the
p.000020: partner if applicable, and the field office/s.
p.000020: Section 56. Limitation on Formal Acknowledgment of EPR. In no case shall the formal acknowledgment of a declaration of
p.000020: EPR by the CEB be presumed or considered as a grant of CADT to the community over their ancestral domain nor shall it
p.000020: exempt an AD claim from the process required under the law and the Rules on delineation and titling. It shall not also
p.000020: exempt the community from complying with the requirements imposed by concerned regulating agencies, nor the ripening
p.000020: into a MOA without undergoing the process provided above.
p.000020:
p.000021: 21
p.000021:
p.000021:
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.000016: https://wipolex.wipo.int/en/text/414691
p.000016: Page 15 of 27
p.000016:
p.000016: WIPOLex
p.000016: 4/6/20,
p.000016: 6(04 PM
p.000016:
p.000016: Section 43. Objects and Process of Validation. Where validation is required in the sections 39, 40, 41, and 42 to
p.000016: determine the consent of the Community, the process shall be as follows:
p.000016: (1) The Regional Director, motu proprio or upon receipt of the written request for validation, shall constitute a team
p.000016: composed of not more than three (3) from the provincial office or CSC, as the case may be, to conduct a field
p.000016: validation;
p.000016: (2) The team shall immediately conduct the validation and thereafter submit the appropriate report, prepared under
p.000016: oath, to the Regional Director within ten (10) days from commencement thereof;
p.000016: (3) The process of validation shall be done through interviews of elders/leaders and other community members; and
p.000016: (4) If the validation yielded positive report, the Regional Director shall within three (3) days, from receipt, prepare
p.000016: the CP and validation documents to be transmitted to the concerned commissioner for concurrence, copy furnished ADO.
p.000016: Once concurred, the same shall be endorsed to the Chairperson for confirmation. Otherwise, the Regional Director shall
p.000016: return the documents to the applicant/petitioner.
p.000016: Even if an activity is covered under Sections 39, 40, 41, and 42, the NCIP may exercise its injunctive powers upon a
p.000016: written complaint of any member of the affected community to enjoin the conduct or continued implementation of the
p.000016: program, project, plan or activity in order to safeguard the rights and interests of the community. (34a)
p.000016:
p.000016:
p.000016: Section 44. Emergency Cases. Where the conduct of plans, projects or activities of the government or any civic,
p.000016: religious, or similar organizations within ancestral domains is in response to emergency situations involving public
p.000016: order, health, security or safety including military operations within ancestral domain areas when made in connection
p.000016: with hot pursuit operations, securing vital government installations, programs and projects against clear and imminent
p.000016: danger FPIC shall not be required.
p.000016: Section 45. Regulation of Entry of Migrants and Other Entities. All migrants and other entities must first secure the
p.000016: express permission of the community’s Council of Elders/Leaders who shall, in accordance with their consensus building
p.000016: process, community practices, customs and traditions and upon the free and informed prior consent of the community
p.000016: members agree to accept such migrant or entity within the domains, subject to the following conditions:
p.000017: 17
p.000017:
p.000017: a. Said persons and entities can be allowed to perform activities as are expressly authorized and which are not
p.000017: inimical to the development of the ancestral domains and cultural integrity of the ICCs/IPs, and
p.000017: b. The ICCs/IPs shall maintain the right to impose penalties for violations of the conditions in accordance with their
p.000017: customary laws.
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017: https://wipolex.wipo.int/en/text/414691
p.000017: Page 16 of 27
p.000017:
p.000017: WIPOLex
p.000017: 4/6/20,
p.000017: 6(04 PM
p.000017:
...
p.000021: provided in its by- laws and manual of operation, provided that, the same shall be compliant, and not be contrary, to
p.000021: provisions of this Guidelines.
p.000021:
p.000021:
p.000021: https://wipolex.wipo.int/en/text/414691
p.000021: Page 21 of 27
p.000021:
p.000021: WIPOLex
p.000021: 4/6/20,
p.000021: 6(04 PM
p.000021:
p.000021:
p.000021: Section 60. Release of Royalty Fees. The royalties may be
p.000021: released : a) directly to the account of the IPO of the ICCs/IPs duly established for the purpose, or b) to a Trustee
p.000021: Bank agreed upon which shall, in turn, be responsible for releases to the IPO account. In both cases, no release shall
p.000021: be made by the company to the IPO, or the trustee bank to the IPO, without the concurrence of the Commissioner from the
p.000021: Region and the Chairperson of NCIP duly secured by the IPO. The concurrence is intended to be a check on the use of the
p.000021: funds based on the CRDP.
p.000021: Section 61. Community Royalty Development Plan (CRDP). The ICC/IP receiving royalties and similar fees must formulate a
p.000021: development plan for the management and use of the same to be known as the CRDP. In the formulation of the said plan,
p.000021: the ADSDPP must be considered, and the ICCs/IPs can engage the services of a reputable public or private agency to
p.000021: provide consultancy and/or technical services. The CRDP shall be subject to confirmation by the Commission En Banc
p.000021: after verification and validation by the concerned field office.
p.000021: Section 62. Use of Royalty. The royalties must be used for programs and projects that will redound to the well-being
p.000021: and benefit of the ICCs/IPs entitled to it. It should have allocations for: Emergency concerns; Investments which may
p.000021: be short, medium or long term; Livelihood and social development projects which must be allocated not less than 30% of
p.000021: each and every release; Education and training of members, basic or professional; Capitalization for cooperative
p.000021: development; Credit facility; Salaries or wages of persons engaged to perform professional services; Mutual assistance,
p.000021: and the like. It must never be used as payment for damages caused by the proponent/company’s activities to the person
p.000021: and properties of an individual member, as this is a distinct obligation of the company and not part of royalties
p.000021: Section 63. Transparency Mechanism. The IPO shall prepare periodic financial reports, and annual financial statements
p.000021: duly audited, and furnish copies of the same to the NCIP. The same must also be reported to the general membership
p.000021: during the annual assembly that must be convened to tackle financial and other community or IPO concerns.
p.000021:
p.000021:
p.000021:
p.000021:
p.000021:
p.000021: https://wipolex.wipo.int/en/text/414691
p.000021: Page 22 of 27
p.000021:
p.000021: WIPOLex
p.000021: 4/6/20,
p.000021: 6(04 PM
p.000021:
p.000021: Section 64. Monitoring and Visitorial Powers. In the exercise of its mandate to protect the well-being and promote the
p.000021: rights of ICCs/IPs, the NCIP may direct financial and management audits of IPOs managing royalties and other benefits
p.000021: or exercise its visitorial powers as provided for by law.
p.000022: 22
p.000022:
p.000022:
p.000022: PART IX
p.000022: PROHIBITED ACTS AND REMEDIES
p.000022: Section 65. Prohibited Acts. After the filing of the application and during the period that the application is pending,
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.000002: attesting to the grant of FPIC by the concerned ICCs/IPs after appropriate compliance with the requirements provided
p.000002: for in this Guidelines.
p.000002: f. Consensus-Building. It refers to that part of the decision-making process undertaken by the ICCs/IPs through their
p.000002: indigenous socio-political structures and practices in arriving at a collective/communal decision.
p.000002: g. Environment Impact Statement (EIS). It is the document which aims to identify, predict interpret, and communicate
p.000002: information regarding changes in environmental quality associated with a proposed project and which examines the range
p.000002: of alternatives for the objectives of the proposal and their impact on the environment.
p.000002: h. Extractive or Large Scale Activities. These refer to the activities enumerated in Sec. 19 of this Guidelines.
p.000002: i. Field-Based Investigation (FBI). It refers to the ground investigation undertaken to determine whether or not the
p.000002: plan,
p.000002:
p.000002:
p.000002: https://wipolex.wipo.int/en/text/414691
p.000002: Page 2 of 27
p.000002:
p.000002: WIPOLex
p.000002: 4/6/20,
p.000002: 6(04 PM
p.000002:
p.000002: program, project or activity overlaps with, or affects, an ancestral domain, the extent of the affected area, and the
p.000002: ICCs/IPs whose FPIC is to be obtained.
p.000002: j. Indigenous elder/leader. An indigenous elder/leader emerges from the dynamics of customary laws and practices; they
p.000002: evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs. They are recognized as
p.000002: authority in conflict resolution and peace-building processes, on spiritual rites and ceremonies and in doing so,
p.000002: possess the attributes of wisdom and integrity. They lead and assist the community in decision- making processes
p.000002: towards the protection and promotion of their rights and the sustainable development of their ancestral domains.
p.000002:
p.000003: 3
p.000003:
p.000003: k. Independent Expert. Refers to a person specializing in related field whose education and/or experience can be a
p.000003: source of invaluable information pertaining to a particular issue and who is expected to give an objective information
p.000003: or opinion, that will help the ICCs/IPs to reach a sensible, intelligent and well-informed decision.
p.000003: l. Non-Extractive and/or Small Scale Activities. These are the activities enumerated in Section 24 of this Guidelines.
p.000003: m. Resolution of Consent. It refers to the written resolution adopted by the affected ICCs/IPs by themselves or through
p.000003: their duly authorized elders/leaders expressing their acceptance of the plan, program, project or activity.
p.000003: n. Resolution of Non-Consent. It refers to the written resolution adopted by the affected ICCs/IPs by themselves or
p.000003: through their duly authorized elders/leaders expressing their non-acceptance of the plan, program, project or activity
p.000003: and the reasons therefor.
p.000003:
p.000003:
p.000003: PART II PRELIMINARY ACTIVITIES
p.000003: Section 6. Application for Issuance of Certification Precondition. The application for CP shall be endorsed by the
...
p.000022: 8. Holding of unauthorized meetings such as but not limited to wining and dining drinking sessions, and the like or
p.000022: such other activities with the applicant and/or members of the affected community, with the intention of unduly
p.000022: influencing the result of the FPIC process in favor of the applicant; and
p.000022:
p.000023: 23
p.000023:
p.000023:
p.000023: https://wipolex.wipo.int/en/text/414691
p.000023: Page 23 of 27
p.000023:
p.000023: WIPOLex
p.000023: 4/6/20,
p.000023: 6(04 PM
p.000023:
p.000023: 9. Demanding or receiving from the applicant, IP community, or support institutions like NGOs, government agencies and
p.000023: institutions money, or any gift, donation or other valuable thing outside the approved work and financial and/or
p.000023: supplemental plan for the conduct of FBI and FPIC processes.
p.000023: Any other acts or omission by NCIP officer or employee punishable or prohibited under any existing laws, rules and
p.000023: regulations governing public officers/employees.
p.000023:
p.000023: c. By the IP Community or Member and/or Elders/Leaders
p.000023:
p.000023: 1) Solicitation and acceptance or receipt of gifts, money or other valuable things from the applicant intended to
p.000023: unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 2) Consorting with the applicant or with any person connected to or mediating
p.000023: for the latter intended to unduly influence the outcome of the FPIC process in favor of the applicant;
p.000023: 3) Negotiating or mediating or transacting business with the applicant without proper authority from the affected
p.000023: ICC/IP; and
p.000023: 4) Giving or promising to give his consent in consideration of any offer,
p.000023: promise, future reward, privilege or benefit from the applicant other than what has been provided for or explained by
p.000023: the applicant to the Council of Elders or Leaders and community members during the consultation meetings.
p.000023:
p.000023:
p.000023: d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
p.000023: UndueXinfluence or interference with the FPIC process or to the community, either to the members, elders/leaders or
p.000023: their representatives, exerted by representatives of NGOs or CSOs or GAs or local government instrumentalities,
p.000023: including barangay officials and their functionaries, and those made by other entities or groups with religious
p.000023: affiliations.
p.000023:
p.000023:
p.000023: Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the parties are given the opportunity
p.000023: to be heard, as follows:
p.000023: a) Grave Violations. Commission of any of the prohibited acts by the applicant/s considered grave violations shall
p.000023: constitute a ground for the non-issuance of the certificate applied for.
p.000023: The violation is considered grave when the commission of the prohibited act is intentional and has resulted to loss of
p.000023: life or serious damage to property of an IP member of the community, committed by means of, but not limited to,
...
p.000023: IP community concerned whose rights were seriously violated.
p.000023: b) Less Grave Violations. Commission of any of the prohibited acts by or attributable to the applicant, may constitute
p.000023: grounds for the suspension of the FPIC process by the Regional Director until such time that the violation is
p.000023: sufficiently
p.000023:
p.000024: 24
p.000024:
p.000024: addressed as certified to by the concerned elders/leaders, in which event, the Regional Director shall order the
p.000024: continuation of the FPIC process.
p.000024: Less grave violations refer to the commission of prohibited acts intentionally committed, but which do not result to
p.000024: loss of life or serious damage to property of an IP member of the community.
p.000024: For deliberate delay in the conduct of the FPIC process, attributable to the applicant, the application shall, upon
p.000024: order of the Regional Director, be returned to the endorsing agency.
p.000024: If the extent of the commission of the prohibited act would adversely affect the outcome of the community consent
p.000024: proceedings, the said proceedings shall, upon written request, be suspended by the Regional Director until it is shown
p.000024: that the prohibited act done has already been addressed.
p.000024: c) Commission of any of the prohibited acts by or attributable to NCIP officers or employees will be proceeded against,
p.000024: and proper sanction shall be imposed, in accordance with existing laws, rules and regulations. In addition, he shall
p.000024: be, upon finding of prima facie evidence, immediately divested of his authority to be part of the proceedings upon
p.000024: order of the Regional Director and the former will be proceeded against criminally and/or administratively in
p.000024: accordance with the Civil Service Rules and Regulations on discipline.
p.000024: Commission of any of the prohibited acts by or attributable to the NCIP Regional Director or the ADO Director shall,
p.000024: upon
p.000024:
p.000024: https://wipolex.wipo.int/en/text/414691
p.000024: Page 24 of 27
p.000024:
p.000024: WIPOLex
p.000024: 4/6/20,
p.000024: 6(04 PM
p.000024:
p.000024: finding of prima facie evidence, after hearing, immediately divest him/her of his/her authority to be part of the
p.000024: proceedings upon order of the Commission. In addition, the Commission shall file the necessary Criminal and
p.000024: Administrative Charges against the erring officer.
p.000024: d) Prohibited acts committed by any officer or employee of any Government Agencies (GAs) /Local Government Units (LGUs)
p.000024: will be proceeded against, and proper sanction shall be imposed, in accordance with existing laws, rules and
p.000024: regulations.
p.000024: e) Prohibited acts committed by any member of NGOs and other groups or individuals shall be a ground for a warning,
p.000024: contempt or exclusion from the FPIC proceedings applying the Commission’s subpoena and contempt powers.
p.000024: f) Commission of any of the prohibited acts by or attributable to the IPs/ICCs/Elders/Leaders shall be first subjected
p.000024: to customary laws of the affected community. When there is no relief, a complaint may be filed by the aggrieved party
p.000024: with the RHO for the enforcement of the decision made under customary laws or for the award of damages. In no case
p.000024: shall the RHO issue an order or judgment for the suspension of the FPIC proceedings or for the non-issuance of the
p.000024: certificate applied for, or if already issued, an order or judgment for its revocation.
p.000024:
p.000024:
p.000024: Section 67. Jurisdiction of Regional Hearing Officer on FPIC Controversies. Violations of the requirement of FPIC under
p.000024: this Administrative Order shall be dealt with accordingly. For this purpose, cases involving violations of the
...
Orphaned Trigger Words
p.000010: understand. After having understood the contents and implications of the MOA, the community may confirm the same. After
p.000010: confirmation, the same shall be forthwith signed by the authorized signatories of both parties. The negotiation of the
p.000010: terms and conditions and the signing by the duly authorized representatives of the proponent and the ICCs/IPs must be
p.000010: done within the AD. Along with the finalization of the MOA, the Resolution of Consent of the community shall also be
p.000010: prepared, signed and released.
p.000010: If the consensus is not favorable, the Resolution of Non-consent shall be prepared, signed and released.
p.000010: The FPIC Team shall facilitate the conduct of, and document all, proceedings/activities under this section and shall be
p.000010: responsible for the translation, interpretation, clarification, or elaboration of matters taken up, and the explanation
p.000010: of pertinent provisions of IPRA, to the best of their personal knowledge and ability. Views, pro and con, shall be
p.000010: summarized and documented as accurately as possible. The FPIC team may also direct any participant in the assembly to
p.000010: submit written comments or objections which must be received by the FPIC Team within a non- extendible period of three
p.000010: (3) working days, to form part of its final report.
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010: https://wipolex.wipo.int/en/text/414691
p.000010: Page 9 of 27
p.000010:
p.000010: WIPOLex
p.000010: 4/6/20,
p.000010: 6(04 PM
p.000010:
p.000010:
p.000010: Section 23. Posting of Bond. After the issuance of written resolution of consent and before the start of any activity
p.000010: enumerated under Section 19 of this Guidelines, the applicant shall secure a bond with a reputable bonding company with
p.000010: the consent of the NCIP, or deposit a cash bond with NCIP, to answer for damages, violation of terms and conditions
p.000010: which the ICCs/IPs may suffer and claim from on account of the said activity as may be agreed by the parties in the MOA
p.000010: and under other applicable laws. The kind, amount of bond to be secured or posted, and the terms and conditions
p.000010: thereof, shall be specified in the MOA.
p.000010: Section 24. Non-Extractive/Small Scale Activities.. The following plans, projects, programs, and activities are
p.000010: considered non- extractive/small scale.
p.000010: 1. Activities not covered in Section 19 hereof;
p.000010: 2. Feasibility studies not embraced in the preceding Sections;
p.000010: 3. Non-extractive exploitation and utilization of land, water and natural resources as defined under existing laws,
p.000010: rules and regulations of governing or regulating agencies, e.g. ISF, CBFM, IFMA etc.;
p.000010: 4. Programs/projects/activities not requiring permits from government agencies;
p.000010: 5. Other Small scale quarrying; and
p.000010: 6. Such other activities analogous to the foregoing.
p.000010: Researches undertaken by government, private persons, or corporations or foreign entities for purposes intended
p.000010: directly or indirectly for any purpose shall be governed by the Guidelines on Research and Documentation of IKSPs and
p.000010: Customary Laws.
p.000010: The FPIC process under this Section requires negotiation between the community, represented by its Council of
p.000010: Elders/Leaders, and the applicant, facilitated by the FPIC Team. There shall be two (2) separate meetings with the
p.000010: elders/leaders which are herein referred to as the First meeting and the Decision meeting. In the First meeting, the
p.000010: applicant will be given sufficient time to present and clarify its proposal. The presentation must include the
...
p.000011: c. Critical areas identified or reserved by the ICCs/IPs for special purposes; and
p.000011: d. Other areas specifically identified by ICCs/IPs in their ADSDPP.
p.000011:
p.000011: https://wipolex.wipo.int/en/text/414691
p.000011: Page 10 of 27
p.000011:
p.000011: WIPOLex
p.000011: 4/6/20,
p.000011: 6(04 PM
p.000011:
p.000011:
p.000011: PART IV
p.000011: POST FPIC ACTIVITIES
p.000011:
p.000011: Section 26. Submission of Report. Where the ICCs/IPs gave their consent in accordance with the foregoing provisions,
p.000011: The FPIC Team shall submit a formal report with recommendation/s, systematically prepared with pertinent and legible
p.000011: annexes, signed by the team leader and members under oath to the Regional Director. An executive summary thereof shall
p.000011: also be prepared and copy furnished the concerned Commissioner/s.
p.000011:
p.000011: In cases where EIA, EIS and/or ECC are required by the regulatory agency, and the same are not available at the time of
p.000011: the FPIC Process, the proponent/applicant shall execute an undertaking that should the same become available, the
p.000011: proponent/applicant shall furnish NCIP a copy of the same, and undergo the FPIC process in areas included in said EIA,
p.000011: EIS and/or ECC as affected areas which were not included in the previously determined affected area/s.
p.000011: In case of non-consent, the FPIC Team shall report the same to the Regional Director, and the latter shall forthwith
p.000011: inform the proponent, copy furnished the concerned Commissioner/s and the ADO.
p.000011:
p.000011:
p.000011: Section 27. Request for Reconsideration. The proponent/applicant may request for reconsideration of the resolution of
p.000011: non-consent within fifteen (15) days from receipt of the said resolution of non-consent. The request for
p.000011: reconsideration shall be addressed to the ICCs/IPs through the Regional Director. It must embody any new proposal to
p.000011: address the reason/s for the rejection. After receipt of the request for reconsideration, the Regional Director shall
p.000011: direct the leader of the FPIC Team to serve copies upon the authorized representatives of the ICCs/IPs. Upon service to
p.000011: the ICC/IP elders/leaders, the FPIC Team Leader shall advise them to consult with the
p.000012: 12
p.000012:
p.000012: community. Should the leaders believe that there is need for a community assembly to discuss the merit of the request,
p.000012: they shall so inform the FPIC Team Leader with a proposal for the provision of funds for the holding of a community
p.000012: assembly.
p.000012: This shall then be communicated to the Regional Director who shall then inform the proponent/applicant. Should the
p.000012: Elders/Leaders, after consultation with the community on their own, believe that there is no chance for
p.000012: reconsideration, they shall formally inform the FPIC Team Leader, who shall then formally inform the Regional Director,
p.000012: copy furnished the proponent/applicant.
p.000012: If the ICCs/IPs manifests their rejection of the plan, program, project or activity, in any written form signed by the
p.000012: members of the community and their elders/leaders before or during the FBI, the same shall be received by the FBI team
p.000012: and the Regional Director shall be notified of the same. Upon receipt of the notice, the Regional Director shall order
p.000012: the conduct of a validation assembly similar to a consensus- building activity as provided for in this rules to
p.000012: validate the rejection. However, if the rejection is received or made after the FBI, the matter shall be tackled in the
p.000012: mandatory activity on consensus-building. If the rejection is affirmed during the validation assembly, the appropriate
p.000012: resolution of non-consent shall be made, adopted, and signed, and thereafter transmitted to the Regional Director by
p.000012: the FPIC Team. The Director shall then return the application to the endorsing agency or the applicant, as the case may
p.000012: be, with a transmittal of the resolution of non-consent. As a consequence of the adoption of such resolution, all
p.000012: proceedings in the conduct of the FPIC shall ipso facto stop. No FPIC process for any similar proposal shall be
p.000012: undertaken within six (6) months from the issuance of non-consent.
p.000012: Section 28. RRT Review. After receipt of the report, the Regional Director shall direct the RRT to review the same
p.000012: within five (5) days. Should the review report be favorable, and the Director finds nothing wrong with the same, he
p.000012: shall endorse the record of the FPIC Process undertaken, together with his recommendation/s to the ADO for appropriate
p.000012: action, otherwise he may direct appropriate action by the RRT or the FPIC Team before he makes his endorsement to the
p.000012: ADO.
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012:
p.000012: https://wipolex.wipo.int/en/text/414691
p.000012: Page 11 of 27
p.000012:
p.000012: WIPOLex
p.000012: 4/6/20,
p.000012: 6(04 PM
p.000012:
p.000012: Section 29. Inaction. The inaction of the applicant within six (6) months from the last FPIC activity, without
p.000012: justifiable reason, shall be a ground for a termination of the FPIC process to be declared by the Regional Director
p.000012: with notice to the applicant.
p.000012: Section 30. Dormant Certification Precondition. If no activity is undertaken by the proponent within a year from the
p.000012: approval/issuance of permit, the CP is considered dormant and thus, upon the report of the Regional Director, the
p.000012: Chairperson shall issue a show cause order directing applicant/proponent why the CP should not be cancelled. Failure of
p.000012: applicant to comply within a non-extendible period of fifteen (15) working days from receipt of the order, or to show
p.000012: justifiable reason, the CP shall be cancelled by Resolution of the Commission, with notice to the concerned regulatory
p.000012: agency, proponent, and the ICCs/IPs.
p.000012: PART V MEMORANDUM OF AGREEMENT
...
p.000019:
p.000019: n. Name and personal circumstances of the authorized elders/leaders who made the declaration and their signatures or
p.000019: thumb-marks.
p.000019:
p.000019: The community may request the assistance of NCIP in the preparation of their EPR Plan, or an NGO duly accredited by
p.000019: NCIP.
p.000019:
p.000019: 4. Where to File. The declaration of EPR, along with its annexes, including the community resolution, shall be filed,
p.000019: in five(5) legible copies, with the NCIP Regional Office that has administrative jurisdiction over the area declared
p.000019: for EPR. If the same is filed with any other office of the NCIP, it shall be received and immediately transmitted or
p.000019: endorsed to the concerned regional office.
p.000019:
p.000019: Section 51. Validation of the EPR Declaration and Validating Team. The validation of the declaration of EPR shall be
p.000019: done by a Validating Team to be constituted by the Regional Director from among personnel of the appropriate Community
p.000019: Service Center, Provincial Office and/or Regional Office, which must not be more than five (5) persons. The Validating
p.000019: Team shall use as its reference and/or do the following, among others:
p.000019:
p.000019: a. CADT Claimbook and/or ADSDPP record, if existing. In the absence thereof, the barangay census or IP census conducted
p.000019: by the NCIP, and other official documents produced in the performance of NCIP’s mandate;
p.000019: b. AD Profile, if existing, otherwise the team shall assist community in making one;
p.000019: c. Verify and validate the community resolution, the declaration, and other pertinent data/information;
p.000019: d. Get a copy and validate the Community EPR plan.
p.000019: e. Verify and validate the capability of the community to undertake the activity which is the object of their EPR or
p.000019: their capacity to engage a qualified partner.
p.000019:
p.000019:
p.000019: Section 52. Engaging a partner. Should the community, during the process of validation, inform the Validating Team that
p.000019: it does not have the financial or technical capability or capacity to undertake the activity relative to which they
p.000019: declared EPR and desires to engage a specific kind of partner, the Validating Team shall advise and assist the
p.000019: community make a declaration to that effect, through the elders duly authorized in the community resolution and who
p.000019: filed the previous declaration. After such declaration is made, following the principles of FPIC, a community assembly
p.000019: must be held, at no expense to NCIP except for personnel services, at which time the following matters shall be taken
p.000019: up and acted upon:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019: https://wipolex.wipo.int/en/text/414691
p.000019: Page 19 of 27
p.000019:
p.000019: WIPOLex
p.000019: 4/6/20,
p.000019: 6(04 PM
p.000019:
p.000019: 1. Personality of the proposed partner who shall be a non-member of the community or a juridical person whose
p.000019: incorporators are non-members or a mixture of members and non-members, validly organized and existing under Philippine
p.000019: laws;
p.000019:
p.000020: 20
p.000020:
p.000020: 2. Financial and technical capability, as well as track record of the proposed partner;
p.000020: 3. Proposed terms and conditions of the proposed partnership which must include, among others: (a) the duties and
p.000020: obligations of the parties; (b) the determination, sharing, and release of benefits; the period of partnership;
p.000020: prohibited acts; and Conflict/Dispute resolution;
p.000020: 4. Sharing of expert opinions by persons invited by the community;
p.000020: 5. Open Forum;
p.000020: 6. Consensus-building period which must include a reasonable time frame of activities for such, the manner by which it
p.000020: will be done ,and the date when the decision of the community will be made known to the Validating Team, by the
p.000020: authorized elders; and
...
p.000020: EPR and/or direct otherwise, as it deems fit. Should it decide to grant the formal acknowledgment, the same shall be
p.000020: embodied in an En Banc Resolution and the corresponding Certification Precondition shall be issued accordingly. Should
p.000020: the CEB decide not to confirm the EPR declaration, its denial and the grounds thereof shall be embodied in an En Banc
p.000020: Resolution. All such actions shall be transmitted by ADO to other appropriate government agencies, the community, the
p.000020: partner if applicable, and the field office/s.
p.000020: Section 56. Limitation on Formal Acknowledgment of EPR. In no case shall the formal acknowledgment of a declaration of
p.000020: EPR by the CEB be presumed or considered as a grant of CADT to the community over their ancestral domain nor shall it
p.000020: exempt an AD claim from the process required under the law and the Rules on delineation and titling. It shall not also
p.000020: exempt the community from complying with the requirements imposed by concerned regulating agencies, nor the ripening
p.000020: into a MOA without undergoing the process provided above.
p.000020:
p.000021: 21
p.000021:
p.000021:
p.000021: Section 57. Applicability. The foregoing provisions on EPR shall be observed in the processing of all EPR declarations,
p.000021: including those pending before Regional, Provincial and Service Centers. All EPR declarations officially
p.000021: endorsed/transmitted to the Ancestral Domains Office before or on the day of effectivity of this Guidelines shall
p.000021: continue to be processed in accordance with Administrative Order 01, series of 2006 until approved or denied by the
p.000021: Commission.
p.000021: PART VIII
p.000021: MANAGEMENT OF ROYALTIES & SIMILAR BENEFITS.
p.000021: Section 58. Nature of Royalties. Royalties shall not only be treated as economic benefits due ICCs/IPs but social
p.000021: justice measure, and in the management of the same, the inter- generational rights of ICCs/IPs must be recognized,
p.000021: promoted and protected. These are entitlements of ICCs/IPs as part of their guaranteed rights under domestic laws and
p.000021: international agreements, conventions or declarations.
p.000021: Section 59. Person Authorized to Manage. Only the duly organized, NCIP registered, IPO of the concerned ICCs/IPs shall
p.000021: be authorized to receive and manage the royalties. Protection of the royalties that are received by it shall be
p.000021: provided in its by- laws and manual of operation, provided that, the same shall be compliant, and not be contrary, to
p.000021: provisions of this Guidelines.
p.000021:
p.000021:
p.000021: https://wipolex.wipo.int/en/text/414691
p.000021: Page 21 of 27
p.000021:
p.000021: WIPOLex
p.000021: 4/6/20,
p.000021: 6(04 PM
p.000021:
p.000021:
p.000021: Section 60. Release of Royalty Fees. The royalties may be
p.000021: released : a) directly to the account of the IPO of the ICCs/IPs duly established for the purpose, or b) to a Trustee
p.000021: Bank agreed upon which shall, in turn, be responsible for releases to the IPO account. In both cases, no release shall
p.000021: be made by the company to the IPO, or the trustee bank to the IPO, without the concurrence of the Commissioner from the
p.000021: Region and the Chairperson of NCIP duly secured by the IPO. The concurrence is intended to be a check on the use of the
p.000021: funds based on the CRDP.
p.000021: Section 61. Community Royalty Development Plan (CRDP). The ICC/IP receiving royalties and similar fees must formulate a
p.000021: development plan for the management and use of the same to be known as the CRDP. In the formulation of the said plan,
...
p.000025: sworn affidavits of witnesses, other evidence and a certification of non-forum shopping executed in accordance with the
p.000025: requirements of the Rules of Court.
p.000025:
p.000025:
p.000025: https://wipolex.wipo.int/en/text/414691
p.000025: Page 25 of 27
p.000025:
p.000025: WIPOLex
p.000025: 4/6/20,
p.000025: 6(04 PM
p.000025:
p.000025: Section 70. Transmittal of Records and Comment. Upon the filing of the petition, the Clerk of the Commission shall,
p.000025: within three (3) days, direct the ADO to forward the records of the FPIC application to the Office of the Clerk of the
p.000025: Commission or the Regional Director to forward the CNO together with all accompanying documents within ten (10) days
p.000025: from receipt of the directive. Within ten (10) days from receipt of a copy of the petition, the concerned Regional
p.000025: Director may file a comment to the petition, attaching therewith such evidence other than those included in the records
p.000025: of the FPIC application indorsed to the Commission.
p.000025: Section 71. Summary Proceedings to Resolve Petition. In the course of its proceedings, the Commission may require the
p.000025: submission of additional evidence or the conduct of clarificatory hearings, after which, the Commission shall resolve
p.000025: the petition within thirty (30) days from the Order submitting the case for resolution. Only one motion for
p.000025: reconsideration shall be allowed which must be filed within ten (10) calendar days from receipt of the decision,
p.000025: resolution or order, with proof of service that a copy of the motion was furnished the other parties to the petition.
p.000025: PART X
p.000025: FINAL PROVISIONS
p.000025: Section 72. Applicability to Pending Applications. This Guidelines shall apply to all applications for issuance of
p.000025: Certification Precondition and Issuance of Certificate of Free and Prior Informed Consent by the IP/ICC received after
p.000025: the effectivity of this Guidelines; Provided, however, That in cases where the application was already received but no
p.000025: FBI was commenced due to failure of applicant to pay the required fee, such application shall still be covered by this
p.000025: Guidelines.
p.000025:
p.000025:
p.000025: Section 73. Separability Clause. In case any clause, section, sentence, or provision of this Administrative Order or
p.000025: any portion hereof is held or declared unconstitutional or invalid by a competent Court, the other sections or portions
p.000025: hereof which are not affected thereby shall continue to be in full force and effect.
p.000026: 26
p.000026:
p.000026:
p.000026: Section 74. Repealing Clause. This Administrative Order repeals NCIP AO-
p.000026: 01, Series of 2006. The provisions of other Circulars, Memoranda, and Administrative Orders, issued by this Commission,
p.000026: inconsistent herewith or contrary to the provisions hereof are hereby repealed or modified accordingly.
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026: https://wipolex.wipo.int/en/text/414691
p.000026: Page 26 of 27
p.000026:
p.000026: WIPOLex
p.000026: 4/6/20,
p.000026: 6(04 PM
p.000026:
p.000026: Section 75. Effectivity. This Administrative Order shall take effect fifteen (15) days after its last publication in a
p.000026: newspaper of general circulation and registration in the Office of the National Administration Register, U.P. Law
p.000026: Center, Diliman, Quezon City, Philippines.
p.000026: Approved this 13th day of April 2012, at Quezon City, Philippines.
p.000026:
p.000026:
p.000026: ATTY. PERCY A. BRAWNER CONCHITA C. CALZADO
p.000026: Commissioner Commissioner
p.000026:
p.000026:
p.000026: DIONESIA O. BANUA COSME M. LAMBAYON
p.000026: Commissioner Commissioner
p.000026:
p.000026:
p.000026: SANTOS M. UNSAD ATTY. ROQUE N. AGTON, JR.
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| authority | Relationship to Authority |
| criminal | criminal |
| displaced | displaced |
| education | education |
| emergency | Public Emergency |
| employees | employees |
| family | Motherhood/Family |
| indigenous | Indigenous |
| influence | Drug Usage |
| language | Linguistic Proficiency |
| migrant | migrant |
| military | Soldier |
| nomadic | nomad |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| party | political affiliation |
| physically | Physically Disabled |
| police | Police Officer |
| political | political affiliation |
| property | Property Ownership |
| religious | Religion |
| single | Marital Status |
| threat | Threat of Stigma |
| violence | Threat of Violence |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| officer | ['police'] |
| party | ['political'] |
| police | ['officer'] |
| political | ['party'] |
Trigger Words
capacity
coercion
consent
cultural
justice
protect
protection
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input