and other special laws. The imposition of disqualification can be lifted only upon petition
by the individual or entity upon whom the disqualification was imposed, stating the
grounds why the disqualification should be lifted. No such petition shall be entertained by
the Commission without the favorable recommendation of the IP community concerned
whose rights were seriously violated;
b) Less Grave Violations. Commission of any prohibited acts by or attribute to the
applicant, may constitute grounds for the suspension of the FPIC process by the Regional
Director until such time that the violation is sufficiently addressed as certified to by the
concerned elders/leaders, in which event, the Regional Director shall order the
continuation of the FPIC process.
Less grave violations refer to the commission of the prohibited acts intentionally
committed, but which do not results to loss of life or serious damage to property of an IP
member of the community.
For deliberate delay in the conduct of the FPIC process, attributable to the
applicant, the application shall, upon order of the Regional Director, be returned to the
endorsing agency.
If the extent of the commission of the prohibited act would adversely affect the
outcome of the community consent proceedings, the said proceedings shall, upon written
request, be suspended by the Regional Director until it is shown that the prohibited act
done has already been addressed.
c) Commission of any of the prohibited acts by or attributable to NCIP officers or
employees will be proceeded against, and proper sanction shall be imposed, in
accordance with existing laws, rules and regulations. In addition, he shall be, upon
finding of prima facie evidence, immediately divested of his authority to be part of the
proceedings upon order of the Regional Director and the former will be proceeded
against criminally and/or administratively in accordance with the Civic Service Rules and
Regulations on discipline.
Commission of any of the prohibited acts by or attributable to the NCIP Regional
Director of the ADO Director shall, upon finding of prima facie evidence, after hearing,
immediately divest him/her of his/her authority to be part of the proceedings upon order
of the Commission, In addition, the Commission shall file the necessary Criminal and
Administrative Charges against the erring officer.
d) Prohibited acts committed by any officer or employee of any Government Agencies
(GAs)/ Local Government Units (LGUs) will be proceeded against, the proper sanction
shall be imposed, in accordance with existing laws, rules and regulations.
e) Prohibited acts committed by any member of NGOs and other groups or individuals shall
be ground for a warning, contempt or exclusion from the FPIC proceedings applying the
Commission’s subpoena and contempt powers;
f) Commission of any of the prohibited acts by or attributable to the
IPs/ICCs/Elders/Leaders shall be first subjected to customary laws of the affected
community. When there is no relief, a complaint may be filed by the aggrieved party with
the RHO for the enforcement of the decision made under customary laws or for the award
of damages. In no case shall the RHO issue an order or judgment for the suspension of
the FPIC proceedings or for the non-issuance of the certificate applied for, or if already
issued, an order or judgment for its revocation.
Section 51. Jurisdiction of Regional Hearing Officer on FPIC Controversies. Violations of
the requirement of the FPIC under this Administrative Order shall be dealt with accordingly. For
this purpose, cases involving violations of the requirement of FPIC which are within the original
and exclusive jurisdiction of the Regional Hearing Officer as provided under Administrative
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