the reason for the denial of the consent is something the applicant can readily address or a
counter-proposal or a new proposal is made by the applicant, the elders/leaders may
require another period, if they desire so, to reconsider their decision: Provided, however,
That any such extension of the period as consequence of proposal or counter-proposal
shall no exceed fifteen (15) days beyond the 55-day period.
In case the decision-making process is one that requires the participation of the
majority members of the community involved, the decision to accept or reject a particular
plan, program, project or activity shall be determined by raising of hands of community
members in attendance and qualified to vote pursuant to their custom, tradition or
practice. If the decision-making process following custom and tradition is such that the
decision is to be left to the sound judgment or discretion of elders/leaders, the decision to
accept or reject the plan, program, project or activity by the council of elders/leaders will
be respected, and the vote of the community members is no longer required. In both
situations, the requirement of consensus-building is necessary as provided in the
immediately succeeding paragraph.
In this meeting, it is required from the council of elders/leaders to already
designate in writing, duly signed, who among the members of the council are authorized
to sign/thumb mark the MOA in behalf of the community in case the plan, program,
project or activity is accepted.
The NCIP representatives shall set the mechanisms of the CCA after due
consultation with all parties concerned.
The NCIP shall facilitate the conduct of, and document, the proceedings as well
as translate, interpret, clarify or elaborate matters discussed and provide the participants
information on the pertinent provisions of IPRA. This shall likewise apply to the
succeeding section.
Section 27. Conduct of Mandatory Activities for Plans, Programs, Projects or Activities
covered under Section 6 (B) of this Guidelines.
a. First Meeting. The FPIC Process requires a negotiation to take place between the council
of elders/leaders and the applicant facilitated by the FPIC Team. There shall be two (2)
separate meeting which are herein referred to as the First Meeting and the Decision
Meeting. Both these meeting must be undertaken and terminated within a period of
twenty (20) days. In the First Meeting, the applicant will be given sufficient time in the
presentation and clarification of their project proposal. The Operation Plan and the scope
and extent of the proposal shall then be presented to the elders/leaders by the applicant
for understanding, and shall give 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 disadvantages or adverse effects to the
community and the measures adopted by the applicant to mitigate these.
b. Consensus-Building. The period between the First and Decision meeting shall serve as
the period for consensus-building among the members of the council of elders/leaders.
c. Decision Meeting. On or before the 20th day from the date of the First Meeting; the
council of elders/leaders will hold the Decision Meeting with the applicant at the
designated time and place. The council of elders/leaders will formally convey their
decision to the applicant as a result of their consensus-building process. If the consensus
is favorable, the parties shall proceed to finalize the terms and the conditions of the
MOA. If the consensus is against the project, the leaders or elders will be required to
submit their written decision in form of a Resolution. Further, the applicant may task the
council of elders/leaders to explain the decision. If the reason for the denial of the consent
is something that the applicant ca readily address or a counterproposal or a new proposal
is made by the applicant, the council of elders/leaders may require another period, if they
so desire, to re-consider their decision but in no case shall it exceed ten (10) days from
the time of the first decision sought to be reconsidered.
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