Upon receipt of the information or report, the Regional Director shall order the suspension
of the process with notice to the applicant. The order shall also direct the applicant to show
cause, within a non-extendible period of ten (10) days from receipt, why the application should
not be deemed abandoned for lack or loss of interest. If after the lapse of ten (10) days from
receipt of the Order, as evidenced by a proof of receipt, and without justifiable reason formally
communicated to the Regional Director, the latter shall declare the application cancelled and
shall return the application to the endorsing regulatory agency or the applicant, as the case may
be. Thereafter, other applications, if any, may be given due course.
Failure on the part of the applicant to pay the FBI/FPIC fee or comply with the
requirements as agreed upon during the Pre-FBI/Pre-FPIC conference/s shall likewise result in
suspension or cancellation as provided in the preceding paragraph.
Section 12. Work and Financial Plan (WFP) for FBI/FPIC. The WFP shall be agreed
upon by the applicant, the concerned ICCs/IP representatives, and NCIP during the Pre-FBI/PreFPIC Conference. It shall include, among others, the estimated cost of: (a) Food and snacks,
lodging and transportation expenses of those who will be actually involved in the FBI process; (b)
Documenting the FBI activities i.e. photo and/or video, cassette recording and development,
reproduction of documents; and (c) Others as may be agreed by all the parties during the PreFBI/Pre-FPIC conference.
The computation of expenses or costs must be based on rates applicable in the particular
area where the FBI/FPIC is to be undertaken.
No subsequent cash advance by the person authorized to do so in behalf of the Team shall
be allowed unless the previous one is fully liquidated
The FBI/FPIC Fee remitted or paid by the proponent or applicant shall be deposited in a
Trust Account to be established for the purpose by the Regional Office. Cash advances and
withdrawals therefrom, and the utilization and liquidation of such advances and withdrawals
shall be in accordance with the appropriate memorandum circular to be issued by the Director of
the Finance and Administration Office.
Section 13. Commencement and Conduct of the FBI. The Team shall commence the
FBI within ten (10) days from date of deposit/payment of the FBI fee and must be completed
within ten (10) working days from actual commencement except when delayed by reason of
fortuitous event or force majeure.
The FBI Team shall submit its report in accordance with Section 9 of this Guidelines.
Should it be apparent from the report that an AD shall be affected by the proposed project, the
RD shall immediately mobilize the FPIC team, otherwise, a CNO shall be issued pursuant to
Section 15 of this Guidelines.
Section 14. Contents of the Field-Based Investigation Report. The FBI report must
contain a narrative of what transpired during the ground or field investigation; findings and
recommendations; and the pertinent attachments, in a standard pro forma form to be devised by
ADO after consultation with field offices. The report shall be signed, under oath, by the team
leader and members.
Section 15. Certificate of Non-Overlap; When Issued. When the area is patently and
publicly known to be outside any AD, or the activity is determined, after FBI, not to affect an
AD, the Regional Director, with the concurrence of the concerned Commissioner, shall issue a
CNO, provided however, that the applicant shall execute an undertaking for the conduct of FPIC
should it be discovered later that there is, in fact, an overlap with an AD, provided further, that
special attention shall be given to ICCs/IPs who are shifting cultivators or traditionally nomadic
so as not to prejudice their rights as such.
Section 16. The FPIC Team. The FPIC Team in each province with provincial office, to be
constituted by the Regional Director, shall be composed of the following:
1)
2)
3)
4)
5)
The Provincial Officer, as Team Leader;
The Provincial Legal Officer;
One (1) Engineer from the Provincial or Regional Office,;
The head of the FBI Team; and
Two (2) IP elders/leaders selected by the community in the first assembly.
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NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)