b. The plan, program, project or activity conforms with community’s ADSDPP or in the
absence of the ADSDPP, the concerned community considers the same to form part
already of the ADSDPP that they will formulate in the future;
c. The ICC knows the extent of the plan, program, project or activity and its sociocultural/environmental impact to the community;
d. The parties acknowledge their obligations; or
e. The plan, program, project or activity is for the delivery of the basic services or for the
establishment of socio enterprise or enterprise development involving community interest
affecting land and resource use that would provide employment or generate income to
improve the living condition and economic development of the concerned ICC/IP.
The Rules and Process of Validation as described hereafter shall be observed in the conduct of
the field based validation.
Section 32. Community-Exercise of Priority Rights to Natural Resources. The intention of the
ICCs/IPs to make use of or exercise their priority rights in the harvesting, extraction,
development or exploitation of any natural resources within the ancestral domain shall be
formally declared, in writing, by the elders/leaders duly supported by a petition signed by the
majority members of the community. Such declaration should be for specific purpose/s and shall
describe with particularity the area to be covered by the declaration. It shall be made known to
the NCIP through any of its offices and needs a formal acknowledgement from the Commission
after the same is validated by the ADDO.
The Commission in acknowledging the declaration of ICCs/IPs to exercise their priority
right pursuant to Section 57 of the IPRA is duty bounded to formally notify the concerned
agency of such declaration through a Resolution and shall ensure the said agency likewise
acknowledges and respects the same. Such notice shall effectively prevent the concerned agency
from entertaining any other application that would frustrate the object and purpose of the
declaration. Within a period of six (6) months from such notice, the ICC declarant shall submit
its project application to the concerned regulating agency and comply with the minimum
requirements for such application; otherwise, the priority right declaration shall be of no effect.
The NCIP Provincial Officer or Service Center shall assist the concerned ICC in filling the
necessary application as well as in he preparation of the documents required by the regulating
agency.
To be considered as authentic, the declaration must be made by the elders/leaders of the
concerned ICCs/IPs duly supported by signed petition of majority of the community members of
the ancestral domain. In acknowledging such declaration, the Commission shall require ADO to
cause the conduct of a Field Based Validation to confirm the following:
a. Authenticity of the declaration;
b. He existence of the plan or projects; and
c. The capacity of the ICCs/IPs to undertake the plan, program, project or activity.
If a non-member of the ICCs/IPs concerned is allowed by the ICC to take part in the
development and utilization of the land or natural resources, whether such participation is a
result of a community solicitation or in connection with the ICC declaration to exercise priority
right, such participation of the non-member shall be limited to a period not exceeding twentyfive (25) renewable for not more than twenty-five years: Provided , That a formal and written
agreement is entered into which the ICCs/IPs concerned and the community, pursuant to its own
decision-making process, has agreed to allow such operation. In the absence of the ADSDPP, the
concerned community shall be required to execute an undertaking that the project or activity
shall from part of ASDSPP to be formulated: Provided, further, that the NCIP shall validate
whether the said activity is in accordance with the community’s ASDSPP. The Process of
Validation described hereafter shall be observed in the conduct of the field based validation and
that, the NCIP may exercise visitorial powers and take appropriate action to safeguard the rights
of the ICCs/IPs under the same contract.
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