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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 54. Report of the Validating Team. The report of the
Validation Team, which shall be under oath, must include
an executive summary with recommendations. It shall then
be submitted to the Regional Director within fifteen (15)
days from the termination of the validation period, who
shall immediately refer the same to the RRT for review
within three (3) working days. After receipt of the RRT
review report, the Regional Director shall take such
appropriate action he deems necessary, otherwise, he shall
forthwith make a transmittal of the entire record, with
his/her own recommendations, to the ADO Director who,
after receipt, shall immediately request the LAO to issue
legal opinion and furnish the concerned Commissioner a
copy of the executive summary. After receiving the legal
opinion, the ADO Director shall request for inclusion of the
same in the agenda of the CEB for its next en banc
session, through the Executive Director.
Section 55. Action by the CEB. After appropriate
deliberation, the CEB may decide to issue the formal
acknowledgment of EPR and/or direct otherwise, as it
deems fit. Should it decide to grant the formal
acknowledgment, the same shall be embodied in an En
Banc Resolution and the corresponding Certification
Precondition shall be issued accordingly. Should the CEB
decide not to confirm the EPR declaration, its denial and
the grounds thereof shall be embodied in an En Banc
Resolution. All such actions shall be transmitted by ADO
to other appropriate government agencies, the community,
the partner if applicable, and the field office/s.
Section 56. Limitation on Formal Acknowledgment of EPR. In no case shall the formal acknowledgment of a
declaration of EPR by the CEB be presumed or considered as a grant of CADT to the community over their
ancestral domain nor shall it exempt an AD claim from the process required under the law and the Rules on
delineation and titling. It shall not also exempt the community from complying with the requirements imposed
by concerned regulating agencies, nor the ripening into a MOA without undergoing the process provided
above.
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http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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