Section 25. Determination and Manifestation of Customary Decision-Making Process. The
customary decision-making process of the concerned ICCs/IPs shall be adhered to in securing
their FPIC, i.e. whether the community decision is to be given by the elders/leaders, or by the
community members involved through household representation or otherwise. The validated and
recognized elders/leaders shall present their decision-making process during the Community
Assembly for project provided under Section 6.A or during the First Meeting, for projects
provided under Section 6.B. Members of the community present during the Community
Assembly or the First Meeting, as the case may be, shall affirm the process presented by their
recognized elders/leaders. Whatever the customary decision-making process may be, the
requirement of consensus-building shall at all times be observed.
Section 26. Conduct of Mandatory Activities for Plans, Programs, Projects or Activities
covered under Section 5 (A) of this Guidelines. The FPIC Team shall ensure the conduct of the
following mandatory activities/processes:
a. Posting of Notices and Serving of Invitations. The FPIC Team shall cause the posting of
notices in conspicuous places in and around the concerned ICCs/IPs community
including the service of personal to the IP elders/leaders for a Consultative Community
Assembly (CCA), specifying the date, time, venue, and agenda of the meeting. In cases
of FPIC process prescribed under Section 27, the notice shall call for a First Meeting
between the IP elders/leaders and the applicant.
b. Consultative Community Assembly. The participants to the CCA are the elders or
leaders, the representatives of IP households/families within the area affected, the
representatives from the applicant, the FPIC Team, the representatives from development
NGOs duly accredited by the NCIP and authorized by the Community present within the
ancestral domain area, if there are any. After the validation of the list of elders/leaders as
prescribed under Section 24 of this Guidelines, the applicant will be given in the said
assembly. The Operation Plan and the scope and extent of the proposal shall then
presented to the elders/leaders by the applicant for understanding, and shall given them
the needed information supporting their proposal, including but not limited to: the cost
and benefits of the proposal to the ICC/IP and their ancestral domains, presentation of
perceived disadvantage or adverse effects to the community and the measures adopted by
the applicant to mitigate these.
In the discussions to follow, the other representatives will be given their turn in
presenting their views to the proposal for the appreciation of the council of elders/leaders.
The council of elders/leaders shall decide whether another meeting is necessary to
complete the process.
For purpose of paragraph (d) of this section, the elder/leaders, in the present of the
participating household representatives affected by the project, shall make known to the
applicant and to all concerned the decision-making process adhered to or practiced by the
community.
c. Consensus-Building and Freedom Period. After the termination of the CCA, the
community, led by their elders/leaders, shall proceed to consult among themselves,
employing their own traditional consensus-building processes in order to further discern
the merits and demerits of the proposal in the CCA and to arrive at a consensus. Except
for NCIP representatives who shall document the proceedings, non-members of the IP
community are strictly enjoined from interfering with the consensus-building processes
of the community.
d. Decision Meeting. At the designate date, time, place, a meeting of the applicant and the
elder/leaders facilitated by the FPIC Team, the elders/leaders will formally convey to the
applicant the decision on the community members affected by the project as a result of
the consensus-building process. If the consensus is favorable, the parties shall proceed to
finalize the terms and conditions of the MOA. If the consensus is against the project, the
leaders or elders will be required to submit their written decision in the form of a
Resolution. Further, the applicant may ask the elders/leaders to explain the decision. If
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