9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
addressed as certified to by the concerned elders/leaders, in which event, the Regional
Director shall order the continuation of the FPIC process.
Less grave violations refer to the commission of prohibited acts intentionally committed, but which do not
result to loss of life or serious damage to property of an IP member of the community.
For deliberate delay in the conduct of the FPIC process, attributable to the applicant, the application shall,
upon order of the Regional Director, be returned to the endorsing agency.
If the extent of the commission of the prohibited act would adversely affect the outcome of the community
consent proceedings, the said proceedings shall, upon written request, be suspended by the Regional
Director until it is shown that the prohibited act done has already been addressed.
c) Commission of any of the prohibited acts by or attributable to NCIP officers or employees will be
proceeded against, and proper sanction shall be imposed, in accordance with existing laws, rules and
regulations. In addition, he shall be, upon finding of prima facie evidence, immediately divested of his
authority to be part of the proceedings upon order of the Regional Director and the former will be proceeded
against criminally and/or administratively in accordance with the Civil Service Rules and Regulations on
discipline.
Commission of any of the prohibited acts by or attributable to the NCIP Regional Director or the ADO
Director shall, upon finding of prima facie evidence, after hearing, immediately divest him/her of his/her
authority to be part of the proceedings upon order of the Commission. In addition, the Commission shall file
the necessary Criminal and Administrative Charges against the erring officer.
d) Prohibited acts committed by any officer or employee of any Government Agencies (GAs) /Local
Government Units (LGUs) will be proceeded against, and proper sanction shall be imposed, in accordance
with existing laws, rules and regulations.
e) Prohibited acts committed by any member of NGOs and other groups or individuals shall be a ground for
a warning, contempt or exclusion from the FPIC proceedings applying the Commission’s subpoena and
contempt powers.
f) Commission of any of the prohibited acts by or attributable to the IPs/ICCs/Elders/Leaders shall be first
subjected to customary laws of the affected community. When there is no relief, a complaint may be filed by
the aggrieved party with the RHO for the enforcement of the decision made under customary laws or for the
award of damages. In no case shall the RHO issue an order or judgment for the suspension of the FPIC
proceedings or for the non-issuance of the certificate applied for, or if already issued, an order or judgment
for its revocation.
Section 67. Jurisdiction of Regional Hearing Officer on
FPIC Controversies. Violations of the requirement of FPIC
under this Administrative Order shall be dealt with
accordingly. For this purpose, cases involving violations of
the requirement of FPIC which are within the original and
exclusive jurisdiction of the Regional Hearing Officer as
provided under Administrative Circular No.1, Series of
2003 shall refer only to cases where the plan, program, project or activity was implemented without the
required FPIC.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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