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proposed projects will affect the ancestral domains.[5]
Private respondents were assigned as members of a Field-Based Investigation (FBI)
team. This team conducts investigations on the impact of a project on any
community of indigenous peoples, to determine whether the required Certification
Precondition may be properly issued to applicant companies.
In relation to the conduct of investigations by the FBI team, NCIP Administrative
Order No. 3, Series of 1998, provides that the cost of actual expenses arising from
investigations shall be shouldered by the applicant company, to wit:
Section 4: x x x
a. Requests for NCIP Certification Precondition shall be filed with the
concerned NCIP Regional Office. The cost of actual expenses in the
conduct of the required field-based investigation, to be undertaken
by the concerned NCIP Regional Office, shall be borne by the
applicant. x x x.
In the year 2001, on three separate occasions, private respondents conducted fieldbased investigations on proposed projects of the following companies on the
following dates:
Name of
Company
1. Kumakata
Mining Dev.
Corp.
(Kumakata)
2. La Concepcion
Dev. Corp. (La
Concepcion)
3. Rio Tuba
Nickel Corp (Rio
Tuba)
Location
Date of FBI
Tagcawayan,
Maguibway,
Quezon
July 18-20, 2001
Bagong Nayon,
Antipolo, Rizal
December 5, 2001
Rio Tuba,
December 17-20,
Bataraza, Palawan 2001[6]
Following the termination of the investigations, private respondent Sandy Padilla, in
a short handwritten note to petitioner Dr. Ulysses Brito, OIC-Regional Director of the
NCIP Region IV, claimed reimbursement for his and private respondent Dingal's per
diems and taxi fares for the said investigations. The handwritten note reads:
Sir,
We are claiming for the per diem and taxi fare only. These companies did
not provide us our per diem since they are anticipating that guidelines
might require them.
Thanks.
Sandy Padilla[7]
Petitioner approved the request for reimbursement by respondents for per diem and
taxi fares. Thus, on 21 December 2001, the total amount of P3,240.00 was granted
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/44053
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