b. When the area affected covers only a portion of the ancestral domain, only the ICCs/IPs in
such portion shall be involved in the FPIC process, or in special cases, whose consent shall
be validated;
c. When the area affected covers two or more ancestral domains, the ICCs/IPs in each domain
shall be separately involved in the FPIC process;
d. When the area affected covers an ancestral domain and an adjacent ancestral land, the latter
shall be separately involved in the FPIC process;
e. When the area affected covers ancestral domain situated in two or more regions, the affected
ICCs/IPs shall be involved in the FPIC process. In case of consent, a MOA shall be executed
for each ancestral domain affected unless the ICCs/IPs agree to a joint MOA; and
f. When the area affected covers an ancestral domain situated in two or more barangays, the
assemblies required in Section 26 and 27 of this Guidelines may be conducted jointly or
separately for each barangay. The FBI team, in consultation with elders/leaders, shall
recommend to the FPIC Team whether to conduct separate or joint assemblies.
Nothing in this provision shall prejudice the rights of persons mentioned in Section 37
and 38 of this Guidelines.
Section 11. Determination of Area Affected. The FBI Team shall determine the area affected
taking into consideration the following criteria:
a. The impact area as defined by the concerned regulating agency or the impact area applied to
plans, programs, projects or activities that require Environmental Impact Assessment(EIA)
on the basis of the project documents and the indicative map submitted by the applicant to
find out the extent of coverage of both the area affected and the members of the community
whose consent is to be obtained, the FBI team must seek the opinion/views of elders/leaders
as initially identified by the ancestral domain area representatives as referred to in Section 13
(d.2) on whether or not the impact area as determined is acceptable to the community taking
into account their customs, traditions and practices.
b. In case there is no impact area defined by any regulating agency, FBI Team shall consider
the operation plan, indicative map and other project documents submitted by the applicant.
The Team shall likewise consult the ancestral domain representatives as referred to In
Section 13 (d.2).
PART IV: FIELD BASED INVESTIGATION
Section 12. Constitution and Composition of the FBI Team. Within ten (10) days from the
approval of this Guidelines, each Provincial Officer shall forthwith constitute the FBI Team for
each province consisting of at least three (3) members. Two (2) of whom shall come from the
Provincial Office and one (1) from the Community Service Center (Service Center) concerned or
ice versa, without prejudice to the formation of additional teams and/or substitution of member/s
should need arise. For Service Centers in provinces without provincial offices, the Regional
Director concerned shall cause/order the constitution of the FBI Team/s from employees of the
Service Center concerned.
These constituted teams can be grouped or regrouped by the Provincial Officer at any
given time in order to cope with existing work condition or circumstance. The constituted FBI
teams shall be at the disposal of the Provincial Officer or the Service Center Head, as the case
may be, to be assigned by him upon every written notice of the Regional Directory.
The Administrative Officer shall act as a disbursing officer and an alternate shall be
designated by the Provincial Officer for all applications. The disbursing officer and the alternate
so designated shall be properly bonded. For this purpose, the amount needed for the payments of
the bond premium shall be charged against MOOE of the provincial office.
Section 13. Duties and Functions of the FBI Team. The FBI Team shall:
a. Attend scheduled Pre-FBI conference to be presided by the Provincial Office but prior to the
scheduled conference, the FBI Team assigned shall have gathered already available data and
information needed for the pre-FBI conference as provided in Section 14 of this Guidelines.
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