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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
PART VII
EXERCISE OF PRIORITY RIGHTS
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Section 50. Steps in the Declaration of EPR by the
ICCs/IPs. In the
declaration of the EPR by a particular ICC/IP community, the following must be observed:
1. Community Assembly. A community assembly of all members of the concerned ICC/IP community shall
be held, at the community’s own initiative and expense, with notice to NCIP.
For purposes of this Guidelines, the community assembly of all members shall be deemed sufficient and
shall proceed after complying with the following rules:
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(a) Every household is entitled to one representative and, at least, majority of them must be physically
present during the community assembly;
(b) Majority of the representatives of the community identified as responsible to make decisions for the
community are also present;
(c) If it involves a CADT area, the representative/s identified in the claimbook or majority of them must also
be present;
(d) Public officials, officers or employees who are members of the community may be allowed to participate
in the community assembly but as ordinary members, elders/leaders or community representatives, as the
case may be.
The community assembly shall take up the following, among others:
a. Review of the population of the concerned ICC/IP community. Reference may be made to the CADT
application, the ADSDPP formulated, and/or any other credible source of data/information;
b. Information, Education, Consultation (IEC) on IPRA and pertinent
provisions of its IRR and current NCIP guidelines;
c. Identification of, and discussion on, the particular natural resource over which the community desires to
exercise priority right, including its specific location; and
d. Customary processes of arriving at a community consensus.
2. Community Resolution. Should the community decide to exercise their priority right, after complying with
the foregoing, a community resolution shall be drafted, discussed, finalized and approved by a majority of all
the members of the concerned ICC/IP community during the same assembly or in another assembly, as the
case may be. The resolution shall, among others:
a. Identify the specific natural resource;
b. Delineate in detail the specific location and area where the subject natural resource is or may be found;
c. Describe the capability and/or capacity of the community to undertake the activity they seek to engage in
as consequence of the EPR; and
d. List the names of community elders/leaders who are authorized to make the
declaration of EPR.
The approval of the community resolution by all members of the concerned ICC/IP community shall be
deemed sufficient and approved if signed or thumb- marked by a majority of all the members and
representatives physically present during the community assembly as mentioned in Article III, Section (1).
3. Declaration of EPR and EPR Plan. The elders/leaders named and authorized in the community
resolution to make the declaration shall make the declaration of EPR. The declaration shall include an EPR
Plan which shall contain, among others, the following:
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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