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.
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NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)