assist in the ADSDPP formulation shall present their proposal for consideration
by the Council of Elders I Leaders.
ARTICLEV
SPECIAL PROVISIONS
Section 12. Enhancement/Updating of ADSDPP. The ADSDPP shall be
enhanced/updated in whole or in part at the end of every five-year period to
conform to the present needs of the ICCs/IPs.
Section 13. Migrants within Ancestral Domains. The rights of migrants in
ancestral domains to their private properties will be respected and protected in
accordance to Section 56 of the IPRA. On the other hand, the migrants shall
also recognize the rights of the ancestral domain owners.
Migrants occupying specific areas as distinct community within an
ancestral domain can formulate their own development plan provided this does
not impinge on the interest and welfare of the ancestral domain owners. Any
expansion of occupied areas and/or development plan not in line with the
ADSDPP shall be subjected to existing FPIC Guidelines.
Section 14. Conflict of ADSDPP with Other Plans. In case of conflict with
other plans, the ADSDPP as approved by the community shall take precedence
over the other plans. If conflict is between the ADSDPP and its consolidated
version at the municipal, provincial, regional or national level, the original
ADSDPP as approved by the community shall prevail.
Section 15. Resource Utilization. The traditional utilization of resources by
ICCsfiPs within their ancestral domains that is governed by customary laws,
traditions and practices of the IP /IC community shall be recognized and
respected.
Section 16. Confidentiality of Information. All information on the concerned
ICCs/IPs community obtained in the course of the preparation of the ADSDPP
shall be considered part of the community intellectual property, and is deemed
private and confidential and be held as such unless the free and prior informed
consent (FPIC) of the IP /IC community is secured.
Section 17. Free and Prior-Informed Consent. Extractive utilization and
exploitation of resources within ancestral domains notwithstanding the
ADSDPP shall be subjected to existing FPIC Guidelines.
Section 18. Orientation on the Guidelines for ADSDPP Formulation. A
nationwide orientation on these guidelines shall be conducted for the key
ICC/IP elders/leaders, assisting NGOs, LGUs, other stakeholders, and the
NCIP staff at all levels.
Section 19. Prohibition. Any person, group or entity shall be prohibited from
undue interference in the formulation of ADSDPPs.
Section 20. Sanctions. Any violation of the provisions hereof by any personnel
of the NCIP shall be a ground for disciplinary action and where a staff/
representative of an NGO and IPO is involved, customary law and/ or
application of Section 5, Part II, Rule IV of the IRR may apply without prejudice
11
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