9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 65. Prohibited Acts. After the filing of the
application and during the period that the application is
pending, any of the following acts or omissions are hereby
declared either as acts prejudicial to the interest of the IP
community in the attainment of their consent or acts in
circumvention of the intent of the law in requiring the free,
prior and informed consent of ICC/IP community and are
therefore prohibited:
a. By the applicant:
1) Employment or use of force, threat, coercion, intimidation, at any degree or in any manner, including
those done by individuals or group of persons acting for the applicant;
2) Bringing of firearm/s in the community during visits by the applicant or
group of persons acting for the applicant. When needed, armed security shall be obtained from local police
authorities or the AFP as requested by NCIP;
3) Bribery or promise of money, privilege, benefit or reward other than what is presented by the applicant
during the consultative community assembly/first meeting [Sec. 22 and 24] with the elders/leaders;
4) Clandestine or surreptitious negotiations with IP individuals, some members of the community concerned
or leaders done, without the knowledge of the council of elders, leaders or majority of members of the
community;
5) Donations to the community or to any of its members for the purpose of
influencing the decision of the ICCs/IPs.
6) Holding of unauthorized meetings such as but not limited to wining and/or dining sessions, and the like or
such other activities with the NCIP Official and personnel and/or members of the affected community, with
the intention of unduly influencing the result of the FPIC process.
7) Deliberately delaying the progress of the FPIC process which cause division among the concerned
ICCs/IPs.
b. By the NCIP Officer or Employee:
1. Acceptance or receipt of money, gifts or other valuable thing from the applicant intended to unduly
influence the outcome of the FPIC process;
2. Consorting with the applicant or with any person connected to or mediating
for the latter intended to unduly influence the outcome of the FPIC process;
3. Deliberate failure to act appropriately on complaints coming from the
community concerning prohibited acts committed by the applicant or the
latter’s representatives;
4. Gross negligence or deliberate omission to perform his duty required of him
by this Guidelines;
5. Acting on or performing his duty in consideration of any offer, promise of
future reward, privilege or benefit from the applicant;
6. Undue interference in the work of the FBIT/ FPICT/ RRT or doing the
latter’s work without being a member thereof;
7. Use of falsified narration of facts in reports, attachments or any supporting documents in the reports
submitted with respect to FBI, and all other necessary documents covered by the FPIC;
8. Holding of unauthorized meetings such as but not limited to wining and dining drinking sessions, and the
like or such other activities with the applicant and/or members of the affected community, with the intention
of unduly influencing the result of the FPIC process in favor of the applicant; and
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