Section 33. Exercise of Traditional Resource-Use Rights. Gathering, hunting and such other
traditional use by members of the ICC/IP of natural resources found within their ancestral
domain including gathering of rattan and other forest products for family/personal consumption
and subsistence livelihood, do not require the conduct of the FPIC Process as provided in this
Guidelines: Provided, That the use shall be limited for the ICC/IP’s traditional use. To avoid
circumvention or abuse of this provision, the NCIP shall validate such utilization upon complaint
of any member of the council of elders/leaders.
Section 34. Object and Process of Validation. Validation is intended to determine the consent
of the community relative to programs and projects mentioned in Section 31, 32, 33, 40, and 41.
The process of validation shall be as follows:
(1) The NCIP motu proprio, or upon receipt of the written request for validation, the
Regional Director shall constitute a team from the provincial office or service center, as
the case may be, to conduct a filed validation;
(2) The team shall immediately conduct the validation thereafter submit the appropriate
report to the Regional Director within (10) days from commencement of the field
validation;
(3) Depending on the result of the validation, the Regional Director shall within three (3)
days, from receipt of the report, issue the Certificate Precondition and/or take such
appropriate measure for plans, programs, projects, or activity referred to I Section 33
hereof. For those covered under Section 31 and 32, the Regional Director shall endorse
the validation documents to the Commission through ADO for the issuance of a
Certificate Precondition and/or for appropriate action; and
(4) The process of validation shall be done through interviews of elders/leaders and other
community members;
Even if any an activity is covered under Section 31, 32, 33, 40 and 41, the NCIP may exercise its
injunctive powers upon written complaint of any member of the affected community to enjoin
the conduct or continued implementation of the program, project, plan or activity on order to
safeguard the rights and interests of the community.
Section 35. Emergency Cases. Where the conduct of plans, projects or activities of the
government or any civic, religious, or similar organizations within ancestral domain is in
response to emergency situations involving public order, health, security or safety, FPIC shall
not be required.
Section 36. Regulating of Entry of Migrants and Other Entities. Entry of migrants and other
entities for purposes of establishing a resettlement , or for any of the activities falling under
paragraphs (1)to(11) of Section 6 (A) require the conduct of the FPIC process as provided in this
guidelines. Entry of migrants and other entities for purpose of conducting activities not falling
under the said paragraphs of Section 6 shall be approved or rejected by the community in
accordance with their customs, traditions and practices.
Section 37. FPIC of Resettled/Relocated of Displaced ICCs/IPs Within Public Domains. A
group or a community of 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 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 rights to FPIC.
Section 38. 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 particular ICC/IP
community where there exists resettled, displaced and reallocated IPs or migrant IPs mingled or
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
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