Circular No. 1 , Series of2003 shall be refer only to cases where the plan, program, project or
activity was implemented without the required FPIC.
Section 52. Hearing of Complaints before Application is Endorsed to ADO. Prior to the
endorsement of the FPIC application to the ADO, or issuance by the Regional Director of the
CNO, all complaints involving irregularities in the implementation of this Guidelines, including
commission of any of the prohibited acts shall be filed with the concerned Regional Director,
copy furnished the FBI/FPIC Team Leader. Within ten (10) days from the receipt of the
complaint, the FBI/FPIC Team shall submit its answer thereto. The complaint shall be resolved
by the Regional Director within ten (10) days from the receipt of the answer or expiration of the
period for filing thereof. The resolution shall address the irregularities or in case of commission
of prohibited acts, recommend to the Commission to impose appropriate sanctions.
No motion fro reconsideration shall be allowed. The remedy of the aggrieved party is to
file a petition pursuant to Section 55 hereof within ten (10) days from receipt of the decision of
the Regional Director. The aggrieved party must be furnished by the Regional Director a copy of
the decision on the very date that the decision is rendered.
The filling of the administrative complaint shall not, as far as practicable stop the FPIC
process or of the processing of the application unless the sanction calls for it.
Section 53. Hearing of Compliant after Application is Endorsed to ADO/Certification Issued.
After the FPIC application is endorsed to the ADO, or after the concerned Regional Director
issues the CNO, all petitions involving the irregularities in the implementation of this Guidelines
or those involving the commission of prohibited acts shall be filed with the Commission through
the Clerk of the Commission, in nine (9) copies, with the original copy indicated as such, copy
furnished the concerned Regional Director. The petition must be verified and accompanied by
sworn affidavits of witnesses, other evidence and a certification of non-forum shopping executed
in accordance with the requirements of the Rules of Court.
Section 54. Transmittal of Records and Comment. Upon the filling of the petition, the Clerk of
the Commission shall, within three (3) days, direct the ADO to forward the records of the FPIC
applications to the Office of the Clerk of the Commission or the Regional Director to forward the
CNO together with all accompanying documents within ten (10) days from the receipt of the
directive. Within ten (10) days from receipt of a copy of the petition, the concerned Regional
Director may file a comment to the petition, attaching therewith such evidence other than those
included in the records of the FPIC application indorsed to the Commission.
Section 55. Summary Proceedings to Resolve Petition. In the course of its proceedings, the
Commission may require the submission of additional evidence or the conduct of certificatory
hearings, after which, the Commission shall resolve the petition within thirty (30) days from the
Order submitting the case for resolution. Only one motion for reconsideration shall be allowed
which must be file within ten (10) calendar days from the receipt of the decision, resolution or
order, with proof of service that a copy of the motion was furnished the other parties to the
petition.
PART X: FINAL PROVISIONS
Section 56. Applicability to Pending Applications. This Guidelines shall apply to all
applications for issuance of Certification Precondition and Issuance of Certificate of Free and
Prior Informed Consent by the IP/ICC received after the effectively of this Guidelines: Provided,
however, That in cases where the application was already received but no FBI was commenced
due to failure of applicant to pay the required fee, such application shall still be covered by this
Guidelines.
Section 57. Separability Clause. In cases any clause, section, sentence, or provision of this
Administrative Order or any portion hereof is held or declared unconstitutional or invalid by a
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