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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
9. Demanding or receiving from the applicant, IP community, or support institutions like NGOs, government
agencies and institutions money, or any gift, donation or other valuable thing outside the approved work and
financial and/or supplemental plan for the conduct of FBI and FPIC processes.
Any other acts or omission by NCIP officer or employee punishable or prohibited under any existing laws,
rules and regulations governing public officers/employees.
c. By the IP Community or Member and/or Elders/Leaders
1) Solicitation and acceptance or receipt of gifts, money or other valuable things from the applicant intended
to unduly influence the outcome of the FPIC process in favor of the applicant;
2) Consorting with the applicant or with any person connected to or mediating
for the latter intended to unduly influence the outcome of the FPIC process in favor of the applicant;
3) Negotiating or mediating or transacting business with the applicant without
proper authority from the affected ICC/IP; and
4) Giving or promising to give his consent in consideration of any offer,
promise, future reward, privilege or benefit from the applicant other than what has been provided for or
explained by the applicant to the Council of Elders or Leaders and community members during the
consultation meetings.
d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs &
Other Groups
Undue influence or interference with the FPIC process or to the community, either to the members,
elders/leaders or their representatives, exerted by representatives of NGOs or CSOs or GAs or local
government instrumentalities, including barangay officials and their functionaries, and those made by other
entities or groups with religious affiliations.
Section 66. Sanctions. Sanctions shall be imposed only
after due notice and after the parties are given the
opportunity to be heard, as follows:
a) Grave Violations. Commission of any of the prohibited acts by the applicant/s considered grave
violations shall constitute a ground for the non-issuance of the certificate applied for.
The violation is considered grave when the commission of the prohibited act is intentional and has resulted
to loss of life or serious damage to property of an IP member of the community, committed by means of, but
not limited to, employment or use of force, threat, coercion, intimidation, violence, including those done by
individuals or group of persons acting for the applicant, including repeated commission of prohibited acts
considered not grave.
Grave violations shall be a ground for disqualification on future applications for certificate precondition within
ancestral domain areas, without prejudice to filing of appropriate criminal action against the offender under
IPRA or the Revised Penal Code and other special laws. The imposition of disqualification can be lifted only
upon petition by the individual or entity upon whom the disqualification was imposed, stating the grounds
why the disqualification should be lifted. No such petition shall be entertained by the Commission without the
favorable recommendation of the IP community concerned whose rights were seriously violated.
b) Less Grave Violations. Commission of any of the prohibited acts by or attributable to the applicant, may
constitute grounds for the suspension of the FPIC process by the Regional Director until such time that the
violation is sufficiently
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