i. If no overlap is noted based on the duly approved Master list of Ancestral Domain Areas, the applicant shall only pay a Certification Fee of Five Hundred Pesos (Php 500.00), but if an FBI is necessary in order to determine whether the plan, program, project or activity affects an ancestral domain, the applicant shall shoulder the agreed cost of the FBI, the amount of which shall be determined during the Pre-FBI Conference. ii. If no overlap is noted based on the approved Master list of Ancestral Domain Areas, and the proposed plan, program, project or activity falls within the classification requiring the conduct of FPIC process prescribed under Section and Section 27, the applicant shall pay the agreed cost of conducting the FBI based on the WFP to be agreed upon during the Pre-FBI Conference. iii. If no overlap is noted on a known AD/AL already issued with a CADT/CALT, FBI is still required for purposes of determining the area affected and the ICCs/IPs whose consent is to be obtained in accordance with Section 9 of this Guidelines necessary in determining the cost of conducting the FPIC process. However, in these areas where the plan, program, project or activity patently affects the entire ancestral domain and the cost can be determined as well as the requirements of Section 9 of this Guidelines, the conduct of FBI can be dispensed with and proceed to hold the Pre-FPIC Conference. The requirements under Section 13. (d.3) hereof requiring the on-site preparation of WFP bearing the conformity shall likewise be dispensed with. iv. Except for situations and circumstances as provided in Section 8 6.B (3), 31, and 35 of this Guideline, a government agency, institution or instrumentality, is required to pay FBI fee in an amount to be determined during the Pre- FBI Conference. Section 16. Establishment of Trust Account. Each Provincial Office and Service Center with no provincial office, shall establish a trust account in an authorized government depository bank where all FBI and FPIC Fee payments shall be deposited as Trust Funds. Upon deposit of the amount determined for FBI or FPIC, as the case maybe, the disbursing officer shall forthwith prepare the necessary disbursement vouchers to ensure that the amount is made available with 5 days thereafter. Section 17. Failure to Appear at Pre-FPIC Conference and Failure to pay FBI.FPIC Fee; Effect. Should the applicant fail to appear in either the Pre-FBI or Pre-FPIC Conference, the Provincial Officer or the Service Center Head shall immediately inform the Regional Director of such fact. The processing of the application and the period provided thereof, shall be suspended by the Regional Director and duly recorded, with notice to the applicant, sent through facsimile, registered mail or messengerial services with proof of receipt or return card . The notice shall also contain the information that inaction by the applicant with ten (10) days from the receipt thereof will be deemed as lack of interest on their part and the Regional Director concerned can already issue the suspension order, without prejudice the re-opening of the same. Failure on the part of the applicant to pay the FBI/FPIC fee or comply with the requirements as agreed upon during the preliminary conference shall likewise result in suspension as provided in the immediately preceding paragraph. After the lapse of ten (10) days from the receipt of the Order of Suspension, sent through facsimile, registered mail or messengerial services with proof of receipt or return card, the Regional Director shall return the application to the applicant or to the endorsing regulatory agency, as the case maybe, and a copy of the application folder archived. Thereafter, other application, if any, may be given due course. The suspended application maybe re-opened if no other application is already undergoing the FPIC process, otherwise, the suspended application will have to await outcome of the on-going FPIC processing. 8

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