9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 15. Certificate of Non-Overlap; When Issued. When
the area is patently and publicly known to be outside any
AD, or the activity is determined, after FBI, not to affect an
AD, the Regional Director, with the concurrence of the
concerned Commissioner, shall issue a CNO, provided
however, that the applicant shall execute an undertaking
for the conduct of FPIC should it be discovered later that
there is, in fact, an overlap with an AD, provided further,
that special attention shall be given to ICCs/IPs who are
shifting cultivators or traditionally nomadic so as not to
prejudice their rights as such.
Section 16. The FPIC Team. The FPIC Team in each
province with provincial office, to be constituted by the
Regional Director, shall be composed of the following:
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1) The Provincial Officer, as Team Leader;
2) The Provincial Legal Officer;
3) One (1) Engineer from the Provincial or Regional Office,;
4) The head of the FBI Team; and
5) Two (2) IP elders/leaders selected by the community in the first assembly.
In provinces without provincial office, the Regional Director shall, constitute the FPIC Team to be led by the
CSC Head and with members from the same service center to be augmented from personnel of the
Regional Office and/or nearby Provincial Office, and two (2) community elders/leaders selected by the
community.
Substitution, re-arrangement, augmentation of membership in/of the FPIC Team may be done for good and
valid reasons, upon the recommendation of the Provincial Officer or CSC Head, as the case may be, with
the approval of the Regional Director.
The Regional Director, Chief of the Technical Management and Services Division (TMSD) the Regional
Attorney, and the Regional Hearing Officer, shall in no case be part of the Team.
Section 17. Duties and Functions of the FPIC Team. The
FPIC Team shall perform the following functions:
a. Convene, with prior notice, the First general assembly to validate the following: (1) FBI Report; (2) Identity
of the IP Elders and Leaders; (3) Decision-Making Process; (4) Census of IPs/Migrant IPs; (5) Area affected;
(6) Existence of boundary conflict with other ADs;
b. Document Conflict Resolution Mechanism and facilitate the conduct of the same by the chosen/selected
Elders/Leaders, should there be any dispute/conflict to be resolved;
c. Facilitate and document the proceedings of the assembly and be responsible for the interpretation,
translation, clarification, or elaboration of matters discussed or taken up;
d. Orient the participants on the pertinent provisions of IPRA at all stages and activities;
e. Present the agreed WFP during the assembly;
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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