d.
Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
Undue influence or interference with the FPIC process or to the community, either to the
members, elders/leaders or their representatives, exerted by representatives of NGOs or CSOs or
GAs or local government instrumentalities, including barangay officials and their functionaries,
and those made by other entities or groups with religious affiliations.
Section 66. Sanctions. Sanctions shall be imposed only after due notice and after the
parties are given the opportunity to be heard, as follows:
a) Grave Violations. Commission of any of the prohibited acts by the applicant/s
considered grave violations shall constitute a ground for the non-issuance of the certificate
applied for.
The violation is considered grave when the commission of the prohibited act is intentional
and has resulted to loss of life or serious damage to property of an IP member of the community,
committed by means of, but not limited to, employment or use of force, threat, coercion,
intimidation, violence, including those done by individuals or group of persons acting for the
applicant, including repeated commission of prohibited acts considered not grave.
Grave violations shall be a ground for disqualification on future applications for certificate
precondition within ancestral domain areas, without prejudice to filing of appropriate criminal
action against the offender under IPRA or the Revised Penal Code 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 of the prohibited acts by or attributable 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 prohibited acts intentionally committed,
but which do not result 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 Civil Service Rules and Regulations on discipline.
Commission of any of the prohibited acts by or attributable to the NCIP Regional Director
or 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, and 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 a ground for a warning, contempt or exclusion from the FPIC proceedings applying the
Commission’s subpoena and contempt powers.
Page 20 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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