f) Commission of any of the prohibited acts by or attributable to the
IPs/ICCs/Elders/Leaders shall be first subjected to customary laws of the affected community.
When there is no relief, a complaint may be filed by the aggrieved party with the RHO for the
enforcement of the decision made under customary laws or for the award of damages. In no case
shall the RHO issue an order or judgment for the suspension of the FPIC proceedings or for the
non-issuance of the certificate applied for, or if already issued, an order or judgment for its
revocation.
Section 67. Jurisdiction of Regional Hearing Officer on FPIC Controversies.
Violations of the requirement of FPIC under this Administrative Order shall be dealt with
accordingly. For this purpose, cases involving violations of the requirement of FPIC which are
within the original and exclusive jurisdiction of the Regional Hearing Officer as provided under
Administrative Circular No.1, Series of 2003 shall refer only to cases where the plan, program,
project or activity was implemented without the required 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 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 nonforum shopping executed in accordance with the requirements of the Rules of Court.
Section 70. Transmittal of Records and Comment.
Upon the filing of the petition,
the Clerk of the Commission shall, within three (3) days, direct the ADO to forward the records of
the FPIC application to the Office of the Clerk of the Commission or the Regional Director to
forward the CNO together with all accompanying documents within ten (10) days from receipt of
the directive. Within ten (10) days from receipt of a copy of the petition, the concerned Regional
Director may file a comment to the petition, attaching therewith such evidence other than those
included in the records of the FPIC application indorsed to the Commission.
Section 71. Summary Proceedings to Resolve Petition.
In the course of its
proceedings, the Commission may require the submission of additional evidence or the conduct
of clarificatory hearings, after which, the Commission shall resolve the petition within thirty (30)
days from the Order submitting the case for resolution. Only one motion for reconsideration shall
be allowed which must be filed within ten (10) calendar days from receipt of the decision,
resolution or order, with proof of service that a copy of the motion was furnished the other
parties to the petition.
Page 21 of 22
NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)
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