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 33/37

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