9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 27. Request for Reconsideration. The
proponent/applicant may request for reconsideration of the
resolution of non-consent within fifteen (15) days from
receipt of the said resolution of non-consent. The request
for reconsideration shall be addressed to the ICCs/IPs
through the Regional Director. It must embody any new
proposal to address the reason/s for the rejection. After
receipt of the request for reconsideration, the Regional
Director shall direct the leader of the FPIC Team to serve
copies upon the authorized representatives of the
ICCs/IPs. Upon service to the ICC/IP elders/leaders, the
FPIC Team Leader shall advise them to consult with the
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community. Should the leaders believe that there is need for a community assembly to discuss the merit of
the request, they shall so inform the FPIC Team Leader with a proposal for the provision of funds for the
holding of a community assembly. This shall then be communicated to the Regional Director who shall then
inform the proponent/applicant. Should the Elders/Leaders, after consultation with the community on their
own, believe that there is no chance for reconsideration, they shall formally inform the FPIC Team Leader,
who shall then formally inform the Regional Director, copy furnished the proponent/applicant.
If the ICCs/IPs manifests their rejection of the plan, program, project or activity, in any written form signed by
the members of the community and their elders/leaders before or during the FBI, the same shall be received
by the FBI team and the Regional Director shall be notified of the same. Upon receipt of the notice, the
Regional Director shall order the conduct of a validation assembly similar to a consensus- building activity as
provided for in this rules to validate the rejection. However, if the rejection is received or made after the FBI,
the matter shall be tackled in the mandatory activity on consensus-building.
If the rejection is affirmed during the validation assembly, the appropriate resolution of non-consent shall be
made, adopted, and signed, and thereafter transmitted to the Regional Director by the FPIC Team. The
Director shall then return the application to the endorsing agency or the applicant, as the case may be, with
a transmittal of the resolution of non-consent. As a consequence of the adoption of such resolution, all
proceedings in the conduct of the FPIC shall ipso facto stop. No FPIC process for any similar proposal shall
be undertaken within six (6) months from the issuance of non-consent.
Section 28. RRT Review. After receipt of the report, the Regional Director shall direct the RRT to review the
same within five (5) days. Should the review report be favorable, and the Director finds nothing wrong with
the same, he shall endorse the record of the FPIC Process undertaken, together with his recommendation/s
to the ADO for appropriate action, otherwise he may direct appropriate action by the RRT or the FPIC Team
before he makes his endorsement to the ADO.
Section 29. Inaction. The inaction of the applicant within
six (6) months from the last FPIC activity, without
justifiable reason, shall be a ground for a termination of the
FPIC process to be declared by the Regional Director with
notice to the applicant.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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