9. Other related matters.
Section 21. Certificate of Non-Overlap; When Issued. Based on the report on the concerned
Provincial Officer, Service Center Head or duly designated officer at the Regional Office, as the
case may be, certifying to the fact that the area affected by the proposed plan, program, project or
activity does not affect/overlap with an ancestral domain, the Regional Director shall, within a
period of three (3)days, issue to the applicant a Certificate of Non-Overlap (CNO) coupled
with a signed undertaking that the applicant agrees to the conduct of FBI/FPIC requirement
should it be found later that there is, in fact, an overlap in whole or in part of any ancestral
domain/land, a copy of which shall be furnished to ADO and the concerned Provincial Officer
or Service Center Head, as the case may be.
PART V: CONDUCT OF FREE AND PRIOR INFORMED CONSENT
Section 22. Constitution and Composition of FPIC Team. The FPIC Team shall be a
composed of not more than six (6) members designated by the Regional Director from the
Provincial and/or Service Center personnel which must include, whenever feasible, the
Provincial Legal Officer, one (1) Engineer from the provincial or regional office, and the least
one (1) member of the FBI Team. The Regional Director and the Chief of Technical
Management and Service Division shall in no case be part of the Team.
Section 23. Period of FPIC Mandatory Activities; Commencement. The period for the conduct
of the FPIC mandatory activities under Section 25 hereof shall not exceed fifty-five (55) days.
The period for the conduct of the FPIC mandatory activities under Section 27 hereof shall not
exceed thirty-five (35) days. Both periods shall commence on the date that the FPIC fee is paid
in cash or deposited by the applicant in the NCIP Provincial Trust Account (PTA) and is made
available to the Team. The Team leader shall request release of the funds in accordance with the
WFP for the conduct of FPIC immediately upon the availability of the trust fund. The periods
may be extended upon request of the community or applicant on meritorious grounds as may be
determined by the parties or on account of fortuitous events or force majeure, in which case, the
proceedings shall continue as soon as the reason thereof ceases to exist as determined by the
FPIC Team.
Section 24. Validation of the List of Elders/Leaders; When and How. Except in ancestral
domain areas where the elders/leaders are already identified and recognized by the NCIP as a
result of delineation and titling or ADSDPP formulation activities of the NCIP, the initial
identification of elders/leaders by the FBI Team in accordance with Section 13 (d.2) shall be
validated as follows:
a. For plans, programs, projects, and activities enumerated under Section 6(A), validation of
elders/leaders shall be held during the Consultative Community Assembly as provided in
Section 26 (b).
NCIP shall facilitate the convening of the elder/leaders coming from the affected area to
validate the authenticity and legitimacy of the elders/leaders as appearing in the list. In
that assembly, the participants will be asked to validate the recognized leaders of the
community. The purpose is to secure genuine representation for the community in the
negotiations.
b. For the plan, program, projects, and activities enumerated under Section 6 (B), validation
of elders/leaders shall be held during the conduct of the First Meeting as provided in
Section 27.
The elders/leaders as listed by the FBI Team shall be confirmed through peer validation.
The elders/leaders present in this meeting may, by unanimous agreement, include or
exclude other elders/leaders to complete the list of the FBI Team.
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