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 21

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