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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
days thereafter. The First meeting shall be followed by the consensus-building period by and among the
council of elders/leaders. They will also use this period to consult with their constituency in accordance with
their customary mechanisms. After they are able to arrive at a consensus within the time frame they
decided, they shall inform the FPIC Team of such consensus. If the decision/consensus is favorable, the
Team shall forthwith convene the Decision meeting, with notice to the concerned parties. During this
meeting, the council of elders/leaders will formally proclaim their decision and the parties shall proceed to
negotiate and finalize the terms and conditions of the MOA and thereafter consummate the same.
If the consensus is against the project, the leaders/elders shall issue a resolution of non-consent, however, if
it is favorable, the Regional Director shall within three (3) days, from receipt of the resolution, prepare and
sign the CP and transmit the same, including the FPIC Report, to the concerned commissioner for
concurrence, copy furnished ADO. Once concurred, the same shall be endorsed to the Chairperson for
confirmation.
The process herein provided shall be considered as exception to the strict provisions of Part V of this
Guidelines.
Section 25. Excluded Areas. The following areas are excluded from any activity except for the exclusive
purposes for which they are identified:
a. Sacred grounds and burial sites of indigenous communities;
b. Identified international and local cultural and heritage sites;
c. Critical areas identified or reserved by the ICCs/IPs for special purposes;
and
d. Other areas specifically identified by ICCs/IPs in their ADSDPP.
PART IV
POST FPIC ACTIVITIES
Section 26. Submission of Report. Where the ICCs/IPs gave their consent in accordance with the foregoing
provisions, The FPIC Team shall submit a formal report with recommendation/s, systematically prepared
with pertinent and legible annexes, signed by the team leader and members under oath to the Regional
Director. An executive summary thereof shall also be prepared and copy furnished the concerned
Commissioner/s.
In cases where EIA, EIS and/or ECC are required by the regulatory agency, and the same are not available
at the time of the FPIC Process, the proponent/applicant shall execute an undertaking that should the same
become available, the proponent/applicant shall furnish NCIP a copy of the same, and undergo the FPIC
process in areas included in said EIA, EIS and/or ECC as affected areas which were not included in the
previously determined affected area/s.
In case of non-consent, the FPIC Team shall report the same to the Regional Director, and the latter shall
forthwith inform the proponent, copy furnished the concerned Commissioner/s and the ADO.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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