c. Verify and validate the community resolution, the declaration, and other pertinent data/information; d. Get a copy and validate the Community EPR plan. e. Verify and validate the capability of the community to undertake the activity which is the object of their EPR or their capacity to engage a qualified partner. Section 52. Engaging a partner. Should the community, during the process of validation, inform the Validating Team that it does not have the financial or technical capability or capacity to undertake the activity relative to which they declared EPR and desires to engage a specific kind of partner, the Validating Team shall advise and assist the community make a declaration to that effect, through the elders duly authorized in the community resolution and who filed the previous declaration. After such declaration is made, following the principles of FPIC, a community assembly must be held, at no expense to NCIP except for personnel services, at which time the following matters shall be taken up and acted upon: 1. Personality of the proposed partner who shall be a non-member of the community or a juridical person whose incorporators are non-members or a mixture of members and non-members, validly organized and existing under Philippine laws; 2. Financial and technical capability, as well as track record of the proposed partner; 3. Proposed terms and conditions of the proposed partnership which must include, among others: (a) the duties and obligations of the parties; (b) the determination, sharing, and release of benefits; the period of partnership; prohibited acts; and Conflict/Dispute resolution; 4. Sharing of expert opinions by persons invited by the community; 5. Open Forum; 6. Consensus-building period which must include a reasonable time frame of activities for such, the manner by which it will be done ,and the date when the decision of the community will be made known to the Validating Team, by the authorized elders; and 7. Other matters that the community may deem necessary. The community may decide to accept or reject the proposed partner. If rejected, other persons may be considered, if any. If accepted, the appropriate MOA shall be drafted. Section 53. Memorandum of Agreement (MOA) on Partnership. The MOA between the community and the chosen partner shall be drafted and validated with the community in a validation assembly facilitated by the Validating Team, at the expense of the proposed partner, to determine compliance with this Guidelines and other pertinent laws, rules and regulations, and the terms and conditions agreed upon during the community assembly. Section 54. Report of the Validating Team. The report of the Validation Team, which shall be under oath, must include an executive summary with recommendations. It shall then be submitted to the Regional Director within fifteen (15) days from the termination of the validation period, who shall immediately refer the same to the RRT for review within three (3) working days. After receipt of the RRT review report, the Regional Director shall take such appropriate action he deems necessary, otherwise, he shall forthwith make a transmittal of the entire record, with his/her own recommendations, to the ADO Director who, after receipt, shall immediately request the LAO to issue legal opinion and furnish the concerned Commissioner a copy of the executive summary. After receiving the legal opinion, the ADO Director shall request for inclusion of the same in the agenda of the CEB for its next en banc session, through the Executive Director. Section 55. Action by the CEB. After appropriate deliberation, the CEB may decide to issue the formal acknowledgment of EPR and/or direct otherwise, as it deems fit. Should it decide to grant the formal acknowledgment, the same shall be embodied in an En Banc Resolution and the corresponding Certification Precondition shall be issued accordingly. Should the CEB decide not to confirm the EPR declaration, its denial and the grounds thereof shall be embodied in an En Banc Resolution. All such actions shall be transmitted by ADO to other appropriate government agencies, the community, the partner if applicable, and the field office/s. Section 56. Limitation on Formal Acknowledgment of EPR. In no case shall the formal acknowledgment of a declaration of EPR by the CEB be presumed or considered as a grant of CADT to the community over their ancestral domain nor shall it exempt an AD claim from the process required under the law and the Rules on delineation and titling. It shall not also exempt the community from complying with the requirements imposed by concerned regulating agencies, nor the ripening into a MOA without undergoing the process provided above. Page 17 of 22 NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)