i.
j.
k.
List of responsibilities of the company and the affected community
Inclusive dates/duration of agreement;
Other than what has already been granted by law, the benefits to be derived by the host
ICC/IPs indicating the type of benefits, specific target beneficiaries as to sector and
number, the period covered, and other pertinent information;
l. Detailed use of all funds to be received by the host ICC/IP communities, ensuring that a
portion of such funds shall be allocated for development projects, social services and/or
infrastructures in accordance with their development framework and the Guidelines on
the Management of Royalty Share and Other Benefits promulgated by the Commission
En Banc;
m. Transparency mechanism on transfer and disbursement of funds;
n. Detailed measures to protect IP rights and value systems;
o. Detailed measures to conserve/protect any affected portion of the ancestral domain
critical for watersheds, mangroves, wildlife sanctuaries, forest cover, and the like;
p. Responsibilities of the applicant as well as the host IP community;
q. The monitoring and evaluation system of the MOA, to include submission of reports and
creation of monitoring teams;
r. Remedies and/or penalties for non-compliance or violation of the terms and conditions
which includes applicability of customary laws and imposition of sanction/s;
s. Deposit of cash or surety bond mentioned pursuant to Section 23 hereof;
t. Provision to render assistance in the event of calamities/disasters in the community;
u. Provision to undertake a new FPIC Process in case of mining activities, after the
exploration stage;
v. Provision on the effects of dormant Certification Precondition;
w. Membership of proponent in organizations requiring ethical standards in a particular
line of activity; and
x. Other requirements provided in this Guidelines.
Corporate Social Responsibility (CSR) or Social Development and Management Projects
(SDMP) required under existing laws shall not be considered as part of benefits enumerated
above.
Section 33.
Signatories to the MOA. The signatories of the MOA shall be:
a. Elders/leaders or their alternates who have been identified during the validation and
authorized by the community to sign;
b. For corporations, partnerships or single proprietorship entities, the authorized officers,
representatives, or partners per Board Resolution; and
c. The Chairperson shall sign the MOA in behalf of the NCIP as Third Party. For projects
where the Regional Director is authorized by this Guidelines to issue the corresponding
certification precondition, the MOA shall be signed by him/her in behalf of the NCIP as
Third Party.
Section 34.
MOA Signing. The signing of the MOA shall be done within the affected
ancestral domain by those duly authorized, during a general assembly called for the purpose,
after its contents is fully read aloud and explained by the FPIC Team, and understood and
affirmed by the community. Should there be need for any change/s, the FPIC team shall make
the appropriate revision or amendment to the satisfaction of the community assembly.
Signing by those duly authorized may be done through actual writing/signing or the
affixing of thumb marks, provided however, that in case of the latter, a member of the community
who is able to read and write shall sign as an instrumental witness. Those authorized to sign in
behalf of the community, including instrumental witnesses, shall thereafter present themselves
before a notary for the appropriate notarial acknowledgment.
Section 35. Final Review of the MOA by the Legal Affairs Office. The MOA shall be
reviewed by the Legal Affairs Office (LAO) prior to the endorsement of the FPIC report by ADO to
the Commission. The legal advisory of the LAO shall form part of the FPIC Report of ADO.
In cases where the Regional Director is authorized to issue the CP, the MOA shall be
reviewed by the Regional Legal Officer or any Legal Officer who has not participated in any stage
of the FPIC Process.
Page 12 of 22
NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)