a. Empowerment. The ICCs/IPs shall freely pursue their economic, social and cultural
development through their participation in decision-making, determination of priorities, a
well as the practice of their justice system and peace-building processes.
b. Consensus-Building and Decision-Making Process. The ICCs/IPs shall participate in the
decision making process primarily through their indigenous socio-political structures. They
shall likewise affirm the decision of their duty authorized representatives.
c. Peace-Building. The FPIC is a peace-building measure as it promotes genuine involvement
o, and exercise by, ICCs/IPs in decision-making. Adherence to the process guarantees
harmony, understanding, unity and security.
d. Primacy of Cultural Integrity. Within ancestral domain/lands, the holistic and integrated
adherence of IPs to their respective customs, belief, traditions, indigenous knowledge system
and practices(IKSP),and the assertion of their character and identity as people shall assume
an important consideration in the decision-making processes required for the issuance of the
Certification Precondition (CP) as a pre-requisite to the introduction, implementation or
operation of plans, programs, projects or activities in Ads/ALs to ensure that the culture and
traditions of the concerned ICCs/IPs are recognized and respected in the process and their
general well-being promoted.
e. Right to Manage Own Land and other Resources with in the Domain. This right of the
ICCs/IPs to manage and develop their own land and other resources within their Ads/ALs
shall be respected. It is the policy of the Commission to ensure the priority rights of ICCs/IPs
to manage and pursue developments plans, programs, projects or activities in their respective
ancestral domain and in the utilization, harvesting, development, extraction and/or
exploitation of natural resources therein, and that any alienation or transfer of any of these
rights to entities other than the owner of the ancestral domain shall require the conduct of the
FPIC process.
f. Primacy of Customary Law. The conduct of FBI and FPIC processes shall recognize the
primacy of customs, traditions and practices of the ICCs/IPs concerned.
g. Sustainable Development and Protection. The FPIC, whenever given, shall ensure the
ICCs/IPs concept and requisites of sustainable and responsible development and protection
of ancestral domains shall benefit the present and future generations.
h. Transparency and Clarity. The process of conducting the FBI and the FPIC shall be
characterized by transparency among stakeholders. All issuances, orders, decisions of the
Commission relative thereto must be made known to all parties concerned. The applicants
shall make a full and project or activity in a manner that is both accessible and
understandable to the concerned community.
i. Inter-Agency, LGU and NGO/Peoples Organization (PO) Involvement and Community
Support. The collaboration of other government agencies, local government units, and the
involvement of NGOs/Pos duly accredited by NCIP and authorized by the ICCs/IPs shall be
encouraged in order that their rights shall be promoted and protected.
j. Recognition and Exercise of Ownership Rights over Titled Properties within Ancestral
Domain Areas. Titled property holders with in ancestral domain areas can exercise all the
rights of an owner accorded to the by law, but the exercise of such rights shall carry with it
the responsibility of respecting the rights of the ICCs/IPs within the domain. If the exercise
of such rights by the titles property owner is such that the rights of the ICCs/IPs can be
adversely affected, consultations among the affected ICCs/IPs shall be undertaken through
their elders/leaders but the subject of the consultation shall be limited only to the
determination and proper compensation through agreement of the loss, damage or injury that
may be suffered, and to the satisfaction of the ICCs/IPs that measures shall be undertaken to
migrate if not totally avoid such loss, damage or inquiry.
Section 5. Definition of Terms. The definition of terms found in R.A. 8371, and its
implementing Rules and Regulations (IRR) are hereby adopted, including the terms defined
herein below:
a. Free and Prior Informed Consent (FPIC). This is the consensus of all members of the
ICCs/IPs which is determined in accordance with their respective customary laws and
practices that is free from any external manipulation, interference and coercion and obtained
2