Section 46. FPIC of Resettled/Relocated or Displaced ICCs/IPs Within Public Domains. A group or a community of ICCs/IPs occupying a portion of public domain, whether as a result of a resettlement or relocation project of the government or as a result of displacement, has the right under Section 7, paragraphs (c) and (d) of the IPRA to be provided with lands of quality and legal status at least equal to that of the land previously occupied by them suitable to provide for their present needs and future development; hence, the said ICCs/IPs shall not be treated as migrants and can likewise exercise their right to FPIC. Section 47. FPIC Rights of Resettled, Displaced and Relocated IPs as well as Migrant IPs Living in Co-existence with the Original IPs within the Domain. In a particular ICC/IP community where there exists resettled, displaced and relocated IPs or migrant IPs mingled or in co-existence with the owners of the AD, the right to FPIC of the resettled, displaced and relocated or migrant IPs will depend on the custom, practice or tradition of the owners of the AD allowing or disallowing the exercise thereof. Whether allowed or not allowed by the owners of the AD to participate in the FPIC proceedings, they shall likewise be entitled to the benefits by virtue of the MOA and to compensation for damages, loss or injury to them or their properties. The obligation to compensate the resettled, displaced and relocated IPs or migrant IPs of what is rightfully due them shall be recognized by the applicant in writing either in the MOA or in a separate undertaking made as an integral part of the MOA. (38) Section 48. Small Scale Quarry Approved by the Local Government Unit (LGU). The CP for small-scale quarries, whose permits are issued by Local Government Units (LGUs) shall be issued by the concerned Regional Director with the concurrence of the concerned Regional Ethnographic Commissioner and affirmation by the NCIP Chairman. A copy of the CP shall be furnished to ADO, the concerned Provincial Officer or CSC Head, as the case may be. Section 49. Community-Initiated or Solicited Research. Research activities solicited, commissioned or conducted by the concerned ICC/IP themselves to be undertaken within or affecting the ancestral domain, shall be governed by the Guidelines on IKSP/Customary Law research and documentation. PART VII EXERCISE OF PRIORITY RIGHTS Section 50. Steps in the Declaration of EPR by the ICCs/IPs. In the declaration of the EPR by a particular ICC/IP community, the following must be observed: 1. Community Assembly. A community assembly of all members of the concerned ICC/IP community shall be held, at the community’s own initiative and expense, with notice to NCIP. For purposes of this Guidelines, the community assembly of all members shall be deemed sufficient and shall proceed after complying with the following rules: (a) Every household is entitled to one representative and, at least, majority of them must be physically present during the community assembly; (b) Majority of the representatives of the community identified as responsible to make decisions for the community are also present; (c) If it involves a CADT area, the representative/s identified in the claimbook or majority of them must also be present; (d) Public officials, officers or employees who are members of the community may be allowed to participate in the community assembly but as ordinary members, elders/leaders or community representatives, as the case may be. The community assembly shall take up the following, among others: a. Review of the population of the concerned ICC/IP community. Reference may be made to the CADT application, the ADSDPP formulated, and/or any other credible source of data/information; b. Information, Education, Consultation (IEC) on IPRA and pertinent provisions of its IRR and current NCIP guidelines; c. Identification of, and discussion on, the particular natural resource over which the community desires to exercise priority right, including its specific location; and d. Customary processes of arriving at a community consensus. Page 15 of 22 NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)

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