In this meeting, it is required from the elders/leaders already designate in writing,
duly signed/thumb-marked, who among the members of the council are authorized to
sign the MOA in behalf of the community in case the project is accepted.
Section 28. Resolution of Consent/Non-Consent for Section 26 and 27 FPIC process. In the
event that the ICC/IP community or IP leaders/elders decide to give their consent to the project, a
Resolution of Consent shall be issued by the IP/ICC community through their duly authorized
representatives/leaders/elders or the IP elders/leaders shall adopt and issue a Resolution of NonConsent containing the reason for such denial.
Section 29. Submission of Report. A report of the FPIC process, either as prescribed under
Section 26 or Section 27, shall be prepared and submitted by the FPIC Team to the Regional
Director dull noted by the concerned Provincial Officer/s or Service Center Head/s. as the case
may be. Within two (2) days from receipt, the Regional Director shall direct the Regional
Review Team (RRT), composed of the TSMD chief, Regional Attorney, and another member,
designated by him/her, to evaluate the same within five (5) days after which, he/she shall notify
the applicant in writing of the result, attaching the Resolution of Non-Consent issued by the
community in case of denial or rejection, and copy furnished ADO, or in case of consent,
endorse all documents relative to the FPIC Process undertaken to the ADO for evaluation and
endorsement to the commission.
Section 30. Non-transferability of Free and Prior Informed Consent. The consent of the
ICCs/IPs for particular proposal shall not be transferable except on cases of merger,
reorganization, transfer of rights, acquisition by another entity, or joint venture, to any other
party, and the same is provided in the MOA: Provided, however, That the transferee shall assume
the obligations of the transferor, otherwise another FPIC will be required. The transferee may
improve the terms and conditions of the MOA affording or providing greater benefits for the
ICCs/IPs other than those stated in the MOA, or may propose other terms and conditions that
would uphold the interest and welfare of the concerned IP community. Such
change/improvement in the MOA shall bear the approval of the Commission pursuant to this
Rule.
In the circumstances mentioned in the immediately preceding paragraph, the transferee is
required to execute a formal undertaking, with notice to the representatives of the ICCs/IPs
concerned that upon the effectivity of the new set-up or relation brought about by the foregoing
circumstances, the transferee shall faithfully comply with the terms and conditions of the MOA
and that they shall observe and assume all the obligations stipulated in the said MOA. In this
connection, it shall be the responsibility of the transferor to inform transferee of the existence of
MOA before the perfection of the new set-up or relation. Likewise is shall be the duty of the
transferee to inform, in writing, the ICCs/IPs concerned and NCIP of the impending merger,
reorganization, transfer, acquisition, or joint venture and shall be required to submit the
necessary document required under Section 8 of this Guidelines to ADO and the representative
of the ICCs/IPs concerned.
The preceding paragraphs shall not apply when it is expressly provided in the MOA that
a new FPIC is required in the event of merger, reorganization, transfer of rights, and acquisition
by another entity, or joint venture.
PART VI: IP SOLICITED/INITIATED PROJECTS, BASIC SOCIO- ECONOMIC
SERVICE ACTIVITIES AND OTHER CASES
Section 31. Community-Solicited or Initiated Activities. Subject to NCIP validation, programs,
projects and activities solicited or initiated by the concerned ICC/IP themselves where the
activity is for the delivery of basic services or for the establishment of social enterprise to be
undertaken within or affecting the ancestral domain, do not require compliance with FBI/FPIC
requirement as provided in this Guidelines. The NCIP shall validate whether or not:
a. The ICC, in fact, voluntarily solicited or initiated the plan, program, project or activity to
be undertaken;
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