9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
In the circumstances mentioned in the immediately preceding paragraph, the transferee is required to
execute a formal undertaking, with notice to the representatives of the ICCs/IPs concerned, that upon the
effectivity of the new set-up or relation brought about by the foregoing circumstances, the transferee shall
faithfully comply with the terms and conditions of the MOA and that they shall observe and assume all the
obligations stipulated in the said MOA. In this connection, it shall be the responsibility of the transferor to
inform transferee of the existence of MOA before the perfection of the new set-up or relation. Likewise it
shall be the duty of the transferee to inform, in writing, the ICCs/IPs concerned and NCIP of the impending
merger, reorganization, transfer, acquisition, or joint venture and shall be required to submit the necessary
documents required under Section 7 of this Guidelines to ADO and to the representative of the ICCs/IPs
concerned.
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The preceding paragraphs shall not apply when it is expressly provided in the MOA that a new FPIC is
required in the event of merger, reorganization, transfer of rights, acquisition by another entity, or joint
venture.
Section 37. Complaints Related to the Memorandum of
Agreement. Any complaint involving the interpretation and
implementation of the MOA shall be resolved first in the
community using their traditional conflict resolution
process. If the complaint is not resolved using the
customary system, the complaint shall be filed with the
appropriate NCIP Regional Hearing Office (RHO) for
disposition. The decision of the RHO may be appealed in
accordance with the provisions of Administrative Circular
No. 1, Series of 2003.
Section 38. Applicability of Customary Laws and Imposition of Sanctions for Violation of the Terms
of the MOA. Any person/party who willfully violates or fails to comply with his duty or obligation under the
provisions of the MOA may be held liable in accordance with the customary laws and practices of the host or
concerned ICC/IPs and sanctions may be imposed in accordance therewith: Provided, That the sanctions
are not excessive, cruel and degrading, and without prejudice to the exhaustion of conciliation and mediation
efforts by the NCIP, and the exercise of the latter’s visitorial and injunctive powers. This is without prejudice
to any action that any person or the community may take before the proper courts for the enforcement of
civil, criminal or administrative liability.(48)
PART VI OTHER PROCESSES
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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