9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
The FPIC Team shall facilitate the conduct of, and document all, proceedings/activities under this section
and shall be responsible for the translation, interpretation, clarification, or elaboration of matters taken up,
and the explanation of pertinent provisions of IPRA, to the best of their personal knowledge and ability.
Views, pro and con, shall be summarized and documented as accurately as possible. The FPIC team may
also direct any participant in the assembly to submit written comments or objections which must be received
by the FPIC Team within a non- extendible period of three (3) working days, to form part of its final report.
Section 23. Posting of Bond. After the issuance of written
resolution of consent and before the start of any activity
enumerated under Section 19 of this Guidelines, the
applicant shall secure a bond with a reputable bonding
company with the consent of the NCIP, or deposit a cash
bond with NCIP, to answer for damages, violation of terms
and conditions which the ICCs/IPs may suffer and claim
from on account of the said activity as may be agreed by
the parties in the MOA and under other applicable laws.
The kind, amount of bond to be secured or posted, and the
terms and conditions thereof, shall be specified in the
MOA.
Section 24. Non-Extractive/Small Scale Activities.. The
following plans, projects, programs, and activities are
considered non-extractive/small scale.
1. Activities not covered in Section 19 hereof;
2. Feasibility studies not embraced in the preceding Sections;
3. Non-extractive exploitation and utilization of land, water and natural resources as defined under existing
laws, rules and regulations of governing or regulating agencies, e.g. ISF, CBFM, IFMA etc.;
4. Programs/projects/activities not requiring permits from government agencies;
5. Other Small scale quarrying; and
6. Such other activities analogous to the foregoing.
Researches undertaken by government, private persons, or corporations or foreign entities for purposes
intended directly or indirectly for any purpose shall be governed by the Guidelines on Research and
Documentation of IKSPs and Customary Laws.
The FPIC process under this Section requires negotiation between the community, represented by its
Council of Elders/Leaders, and the applicant, facilitated by the FPIC Team. There shall be two (2) separate
meetings with the elders/leaders which are herein referred to as the First meeting and the Decision
meeting. In the First meeting, the applicant will be given sufficient time to present and clarify its proposal.
The presentation must include the operation plan, the scope and extent of the activity, the cost and benefits
to the ICC/IP and their ancestral domains, perceived disadvantages or adverse effects to the community,
and measures adopted by the applicant to avoid or mitigate these. In said meeting, the ICCs/IPs shall
prepare a schedule for their decision-making/consensus-building which must start not less than ten (10)
days from the first meeting and completed not more than Thirty (30)
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