4. Gross negligence or deliberate omission to perform his duty required of him by this
Guidelines;
5. Acting on or performing his duty in consideration of any offer, promise of future
reward, privilege or benefit from the applicant;
6. Undue interference in the work of the FBIT/FPICT/RRT or doing the latter’s work
without being a member thereof;
7. Use of falsified narration of facts in reports, attachments or any supporting documents
in the reports submitted with respect to FBI, and all other necessary documents
covered by the FPIC;
8. Holding of unauthorized meetings such as but not limited to wining and dining
drinking sessions, and the like or such other activities with the applicant and/or
members of the affected community, with the intention of unduly influencing the
result of the FPIC process in favor of the applicant; and
9. Demanding or receiving from the applicant, IP community, or support institutions
like NGO’s, government agencies and institutions money, or any gift, donation or
other valuable thing outside the approved work and financial and/or supplement plan
for the conduct of FBI and FPIC processes
Any other acts or omission by NCIP officer or employee punishable or prohibited under
any existing laws, rules and regulations governing public officers/employees.
c) By the IP Community or Member and/or Elders/Leaders
1) Solicitation and acceptance or receipt of gifts, money or other valuable things from
the applicant intended to unduly influence the outcome of the FPIC process in favor
of the applicant;
2) Consorting with the applicant or with any person connected to or mediating for the
latter intended to unduly influence the outcome of the FPIC process in favor of the
applicant;
3) Negotiating or mediating or transacting business with the applicant without proper
authority from the affected ICC/IP; and
4) Giving or promising to give his consent in consideration of any offer, promise, future
reward, privilege or benefit from the applicant other than what has been provided for
or explained by the applicant to the Council of Elders or Leaders and community
members during the consultation meetings.
d) Other Prohibited Acts by NGOs/Gas/LGUs & Other Groups
Undue influence or interference with the FPIC process or to the community, either to the
members, elders/leaders or their representatives, exerted by representatives of NGOs or
Gas or local government instrumentalities, including barangay officials and their
functionaries, and those made by other entities or groups with religious affiliations.
Section 50. Sanctions. Sanctions shall be imposed only after due notice and after the parties are
given the opportunity to be heard, as follows:
a) Grave Violation. Commission of any of the prohibited acts by the applicant/s considered
grave violations shall constitute a ground for the non-issuance of the certificate applied
for.
The violation is considered grave when the commission of the prohibited acts is
intentional and has resulted to loss of life or serious damage to property of an IP member
of the community, committed by means of, but not limited to employment or use of force,
threat, coercion, intimidation, violence, including those done by the individuals or group
of persons acting for the applicant, including repeated commission of prohibited acts
considered not grave.
Grave violation shall be a ground for disqualification on the future applications
for certificate precondition within ancestral domain areas, without prejudice to filling of
appropriate criminal action against the offender under IPRA or the Revised Penal Code
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents