9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 68. Hearing of Complaints before Application is
Endorsed to ADO. Prior to the endorsement of the FPIC
application to the ADO, or issuance by the Regional
Director of the CNO, all complaints involving irregularities
in the implementation of this Guidelines, including
commission of any of the prohibited acts shall be filed with
the concerned Regional Director, copy furnished the
FBI/FPIC Team
25
leader. Within ten (10) days from receipt of the complaint, the FBI/FPIC Team shall submit its answer
thereto. The complaint shall be resolved by the Regional Director within ten (10) days from receipt of the
answer or expiration of the period for filing thereof. The resolution shall address the irregularity or in case of
commission of prohibited acts, recommend to the Commission to impose appropriate sanctions.
No motion for reconsideration shall be allowed. The remedy of the aggrieved party is to file a petition
pursuant to Section 71 hereof within ten (10) days from receipt of the decision of the Regional Director. The
aggrieved party must be furnished by the Regional Director a copy of the decision on the very date that the
decision is rendered.
The filing of the administrative complaint shall not, as far as practicable, stop the FPIC process or of the
processing of the application unless the sanction calls for it.
Section 69. Hearing of Complaints after Application is
Endorsed to ADO
.
/Certification Issued After the FPIC application is endorsed to the ADO, or after the concerned Regional
Director issues the CNO, all petitions involving irregularities in the implementation of this Guidelines or those
involving the commission of prohibited acts shall be filed with the Commission through the Clerk of the
Commission, in nine (9) copies, with the original copy indicated as such, copy furnished the concerned
Regional Director. The petition must be verified and accompanied by sworn affidavits of witnesses, other
evidence and a certification of non-forum shopping executed in accordance with the requirements of the
Rules of Court.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
34/37