virtue of the MOA and to compensation for damages, loss or injury to them or their properties.
The obligation to compensate the resettled, displaces and relocated IPs or migrant IPs of what is
rightfully due them shall be recognized by the applicant in writing either in the MOA or in a
separate undertaking made as an integral part of the MOA.
Section 39. Small-Scale Quarrying approved by Local Government Units(LGUs). The
certification precondition for small-scale quarries, whose permits are issued by LGUs, shall be
issued by the concerned Regional Director with the concurrence of the concerned Ethnographic
Commissioner.
PART VII: RESEARCH ACTIVITIES
Section 40. Community-Initiated or Solicited Research. Research activities solicited,
commissioned or conducted by the concerned ICC/IP themselves to be undertaken within or
affecting the ancestral domain, shall be governed by Section 34 of this Guidelines.
Section 41. Academic Research and Research in Aid of Policy. The conduct of researches
herein below enumerated within the ancestral domain may be allowed or disallowed by the
concerned community elders/leaders in accordance with their customary ways and practices:
Provided, That the research applicant shall notify in writing the concerned Provincial Office
prior to the concerned ICCs/IPs, the research applicant shall obtain a CP from the concerned
Regional Director. The CP shall contain such terms and conditions provided by concerned
ICCs/IPs and/or Regional Director. The CP bearing the conformity of the ICCs/IPs through their
authorized elders/leaders and the applicant shall constitute the contract between them.
a. Academic Researches – those conducted pursuant to a scholastic program and/or
researches required to earn a particular academic accreditations or degree.
b. Researches conducted in Aid of Policy – all researches conducted for the purpose of
developing policies or programs intended for the benefit of indigenous peoples.
c. Researches necessary to implement the mandates of the NCIP –all types of researches
needed to enforce the mandate of the NCIP including, but not limited to, those involving
delineation of ancestral domains, preparation of ASDSPP, documentation of customary
law.
d. Social Research and Researches on the IP’s Culture and Arts – all researches conducted
for the purpose of understanding the history, social relations and dynamics of IP
communities as well as those involving the IPs, Culture and Arts.
Except for purely news coverage, all video publications of researches under Section 41 (a) and
(d), the applicant must secure the consent of the concerned elders/leaders as certified by the
concerned NCIP Regional Director. The video to be presented for public view must bear the
information that the contents to be viewed bear the consent of the concerned elders/leaders of the
community being the subject of the video documentation.
Section 42. Bioprospecting. Bioprospecting activities within ancestral domains shall comply
with the FPIC process as provided in this Guidelines. For those ancestral domain areas covered
by the Joint DENR-DA-PCSD-NCIP Administrative Order No.1, Series 2005, the FPIC process
to be observed shall be in accordance with Chapter V thereof, unless the same is modified,
revoked or repealed jointly by parties.
PART VIII: MEMORANDUM OF AGREEMENT
Section 43. Preparation of the Memorandum of Agreement. When the consent of the concerned
community is obtained, the terms and conditions thereof shall be embodied in a Memorandum of
Agreement (MOA) to be executed between among and among the ICC/IP’s, the applicant and
the NCIP and any other party that may be necessarily involved. The MOA shall be prepared by
the FPIC team strictly in accordance with what has been agreed upon by the parties. The drafting
shall be the primary obligation of the Legal Officer of the province or in his/her absence the
Regional Legal Officer, and the FPIC Team members. The first draft shall immediately be
translated into the language or dialect understood by the ICCs/IPs concerned. The Provincial
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