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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 34. MOA Signing. The signing of the MOA shall be
done within the affected ancestral domain by those duly
authorized, during a general assembly called for the
purpose, after its contents is fully read aloud and
explained by the FPIC Team, and understood and affirmed
by the community. Should there be need for any change/s,
the FPIC team shall make the appropriate revision or
amendment to the satisfaction of the community assembly.
Signing by those duly authorized may be done through actual writing/signing or the affixing of thumb marks,
provided however, that in case of the latter, a member of the community who is able to read and write shall
sign as an instrumental witness. Those authorized to sign in behalf of the community, including instrumental
witnesses, shall thereafter present themselves before a notary for the appropriate notarial acknowledgment.
Section 35. Final Review of the MOA by the Legal Affairs
Office. The MOA shall be reviewed by the Legal Affairs
Office (LAO) prior to the endorsement of the FPIC report by
ADO to the Commission. The legal advisory of the LAO
shall form part of the FPIC Report of ADO.
In cases where the Regional Director is authorized to issue the CP, the MOA shall be reviewed by the
Regional Legal Officer or any Legal Officer who has not participated in any stage of the FPIC Process.
Section 36. Non-transferability of Free and Prior Informed
Consent. The consent of the ICCs/IPs for a particular
proposal shall not be transferable except in cases of
merger, reorganization, transfer of rights, acquisition by
another entity, or joint venture, to any other party, and the
same is provided in the MOA: Provided, however, That the
transferee shall assume the obligations of the transferor,
otherwise another FPIC will be required. The transferee
may improve the terms and conditions of the MOA
affording or providing greater benefits for the ICCs/IPs
other than those stated in the MOA, or may propose other
terms and conditions that would uphold the interest and
welfare of the concerned IP community. Such
change/improvement in the MOA shall bear the approval of
the Commission pursuant to this Rule.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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