2. Community Resolution. Should the community decide to exercise their priority right,
after complying with the foregoing, a community resolution shall be drafted, discussed, finalized
and approved by a majority of all the members of the concerned ICC/IP community during the
same assembly or in another assembly, as the case may be. The resolution shall, among others:
a.
b.
c.
d.
Identify the specific natural resource;
Delineate in detail the specific location and area where the subject natural resource is
or may be found;
Describe the capability and/or capacity of the community to undertake the activity
they seek to engage in as consequence of the EPR; and
List the names of community elders/leaders who are authorized to make the
declaration of EPR.
The approval of the community resolution by all members of the concerned ICC/IP
community shall be deemed sufficient and approved if signed or thumb-marked by a majority of
all the members and representatives physically present during the community assembly as
mentioned in Article III, Section (1).
3. Declaration of EPR and EPR Plan. The elders/leaders named and authorized in the
community resolution to make the declaration shall make the declaration of EPR. The declaration
shall include an EPR Plan which shall contain, among others, the following:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
General information about the Ancestral Domain and the ICCs/IPs of the area,
including indigenous land use plan, if existing and available;
Purpose of the declaration;
Natural resource for development, harvesting, extraction or exploitation;
Specific Location and area of the proposed site/s accompanied by maps, 3D maps,
sketches and/or other material reference monuments as annexes;
Projects, programs, activities or undertakings to be pursued to realize the
purpose
of the EPR;
Scope and duration of operational plan/s for every activity;
Capability of the community to undertake the same or to engage a qualified partner;
Conformity with the existing ADSDPP and/or the Environmental Conservation and
Protection Program of the concerned ICCs/IPs as provided for under the IRR of IPRA;
Existence of a duly organized IPO registered and recognized by NCIP;
Recognition and Observance of IP Governance/Decision-making processes;
Existence and feasibility of EPR Plan & ECPP;
In the absence of a provision in an existing ADSDPP, or non-existence of an
ADSDPP, a statement that it shall be so included in the existing ADSDPP or in the one
that shall be subsequently formulated.
How income and/or benefits will be managed, shared, used and accounted for; and
Name and personal circumstances of the authorized elders/leaders who made the
declaration and their signatures or thumb-marks.
The community may request the assistance of NCIP in the preparation of their EPR Plan,
or an NGO duly accredited by NCIP.
4. Where to File. The declaration of EPR, along with its annexes, including the
community resolution, shall be filed, in five(5) legible copies, with the NCIP Regional Office that
has administrative jurisdiction over the area declared for EPR. If the same is filed with any
other office of the NCIP, it shall be received and immediately transmitted or endorsed to the
concerned regional office.
Section 51. Validation of the EPR Declaration and Validating Team. The validation
of the declaration of EPR shall be done by a Validating Team to be constituted by the Regional
Director from among personnel of the appropriate Community Service Center, Provincial Office
and/or Regional Office, which must not be more than five (5) persons. The Validating Team
shall use as its reference and/or do the following, among others:
a. CADT Claimbook and/or ADSDPP record, if existing. In the absence thereof, the
barangay census or IP census conducted by the NCIP, and other official documents
produced in the performance of NCIP’s mandate;
b. AD Profile, if existing, otherwise the team shall assist community in making one;
Page 16 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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