Following the Second Community assembly shall be the consensus-building period. This
is the period when the ICCs/ IPs shall proceed to consult among themselves, employing their
own traditional consensus-building processes,
to further understand and discern the
merits/advantages and demerits/disadvantages of the proposal in order to intelligently arrive at
a consensus. Except for NCIP representatives who shall document the proceedings, the applicant
and non-members of the IP community are strictly enjoined from participating in the consensusbuilding activity or interfering in any manner in the decision making process. Non-IPs or migrant
IPs who are residents of the AD may only participate if allowed by the AD owners in accordance
with their customs and traditions, provided however, that the permission be made in writing and
signed by the authorized elders/leaders.
When the ICCs/IPs are already ready with their decision or consensus, the duly
authorized Community Elders/Leaders shall communicate to the FPIC Team such consensus. If
it appears to be favorable, the FPIC Team shall immediately notify the proponent and the
community representatives for the negotiation of the terms and conditions that shall be
embodied in the MOA. Once the parties agree on the terms and conditions, the MOA is forthwith
drafted in the vernacular and English or vice versa. Thereafter, a validation assembly shall be
convened within the AD, at which time the MOA provisions shall be explained to the community
by the FPIC Team in a language that they speak and understand. After having understood the
contents and implications of the MOA, the community may confirm the same. After confirmation,
the same shall be forthwith signed by the authorized signatories of both parties. The negotiation
of the terms and conditions and the signing by the duly authorized representatives of the
proponent and the ICCs/IPs must be done within the AD. Along with the finalization of the MOA,
the Resolution of Consent of the community shall also be prepared, signed and released.
If the consensus is not favorable, the Resolution of Non-consent shall be prepared, signed
and released.
The FPIC Team shall facilitate the conduct of, and document all, proceedings/activities
under this section and shall be responsible for the translation, interpretation, clarification, or
elaboration of matters taken up, and the explanation of pertinent provisions of IPRA, to the best
of their personal knowledge and ability. Views, pro and con, shall be summarized and
documented as accurately as possible. The FPIC team may also direct any participant in the
assembly to submit written comments or objections which must be received by the FPIC Team
within a non-extendible period of three (3) working days, to form part of its final report.
Section 23. Posting of Bond. After the issuance of written resolution of consent and
before the start of any activity enumerated under Section 19 of this Guidelines, the applicant
shall secure a bond with a reputable bonding company with the consent of the NCIP, or deposit
a cash bond with NCIP, to answer for damages, violation of terms and conditions which the
ICCs/IPs may suffer and claim from on account of the said activity as may be agreed by the
parties in the MOA and under other applicable laws. The kind, amount of bond to be secured or
posted, and the terms and conditions thereof, shall be specified in the MOA.
Section 24. Non-Extractive/Small Scale Activities.. The following plans, projects,
programs, and activities are considered non-extractive/small scale.
1. Activities not covered in Section 19 hereof;
2. Feasibility studies not embraced in the preceding Sections;
3. Non-extractive exploitation and utilization of land, water and natural resources as
defined under existing laws, rules and regulations of governing or regulating agencies,
e.g. ISF, CBFM, IFMA etc.;
4. Programs/projects/activities not requiring permits from government agencies;
5. Other Small scale quarrying; and
6. Such other activities analogous to the foregoing.
Researches undertaken by government, private persons, or corporations or foreign entities
for purposes intended directly or indirectly for any purpose shall be governed by the Guidelines
on Research and Documentation of IKSPs and Customary Laws.
The FPIC process under this Section requires negotiation between the community,
represented by its Council of Elders/Leaders, and the applicant, facilitated by the FPIC Team.
There shall be two (2) separate meetings with the elders/leaders which are herein referred to as
the First meeting and the Decision meeting. In the First meeting, the applicant will be given
sufficient time to present and clarify its proposal. The presentation must include the operation
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NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)