9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
f. Invite the appropriate independent experts, if available, to give their opinions on any aspect of the project;
g. Should the ICC/IP agree to the activity, help draft the Resolution of Consent and the MOA, or Resolution
of Non-Consent should the ICCs/IPs reject the proposal;
h. Make an accounting, in accordance with generally accepted accounting and auditing rules, of all monies
and properties received in relation to the conduct of the FPIC; and
i. Prepare and submit FPIC report with recommendation/s, and an executive summary of the same, both
duly signed under oath by all the team leader and members, to the Regional Director, copy furnished the
concerned Commissioner.
The ADO shall craft the appropriate pro forma form for FPIC Reports after consultation with field offices.
7
Section 18. The Regional Review Team (RRT);
Composition; Functions. There shall be a Regional Review
Team (RRT) to be constituted by the Regional Director,
composed of the TMSD Chief, Regional Attorney and the
duly designated Regional FPIC Focal Person. The RRT
leader may either be the TMSD or the Regional Attorney, at
the option of the Regional Director.
The RRT shall have the following duties and responsibilities:
1. Make a judicious and complete review of the FPIC report and the MOA;
2. Render a report, under oath, of their findings and recommendations to the
Regional Director;
3. Summon any member of the FPIC Team, representative of the ICCs/IPs, or representative of the
proponent to clarify matters contained in the report and the MOA;
4. Appear before the Commission when so required; and
5. Perform such other functions as may be directed by the Regional Director.
PART III
ACTIVITIES, PLANS, PROGRAMS, PROJECTS COVERED
AND MANDATORY ACTIVITIES
Section 19. Extractive/ Intrusive/ Large Scale. The following
plans, projects, programs, and activities are considered
large scale/extractive/intrusive:
a. Exploration, development, exploitation, utilization of land, energy, mineral, forest, water, marine, air, and
other natural resources requiring permits, licenses, lease, contracts, concession, or agreements e.g
production-sharing agreement, from the appropriate national or local government agencies, including
feasibility studies related thereto;
b. Those that may lead to the displacement and/or relocation of ICCs/IPs;
c. Resettlement programs or projects by the government or any of its
instrumentalities that may introduce migrants;
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
9/37