a. Elders/leaders who have been identified during the validation and authorized by the
community to sign;
b. For corporations, partnerships or single proprietorship entities, the authorized officers,
representatives, or partners as per Board resolution; and
c. The Chairperson, by the authority of the Commission, shall sign the MOA in behalf of
the NCIP as the Third Party; in case where the Regional Director is authorized by this
Guidelines to issue the corresponding certification precondition, the Regional Director
concerned is likewise authorized by the Commission to sign.
Section 47. Complaint related to the Memorandum of Agreement. Any complaint involving the
interpretation and implementation of the MOA shall be filed with the appropriate NCIP Regional
Hearing Office (RHO) for disposition. The decision of the RHO may be appealed in accordance
with the provisions of Administrative Circular No. 1, Series of 2003.
Section 48. Applicability of Customary laws and Imposition of Sanctions for Violation of the
Terms of the MOA. Any person/party who willfully violates or fails to comply with his duty or
obligation under the provisions of the MOA may be proceeded in accordance with the customary
laws and practices of the host or concerned ICC/IPs and sanctions may be imposed in accordance
therewith: Provided, That the sanctions are not excessive, cruel and degrading, and without
prejudices to the exhaustion of the latter’s visitorial and injunctive powers.
PART IX: PROHIBITED ACTS AND REMEDIES
Section 49. Prohibited Acts. After the filing of the application and during the period that the
application is pending, any of the following acts or omissions is hereby declared either as acts
prejudicial to the interest of the IP community in the attainment of their consent or acts in
circumvention of the intent of the law in requiring the free, prior and informed consent of ICC/IP
community and are therefore prohibited:
a) By the applicant:
1) Employment or use of force, treat, coercion, intimidation, at any degree or in any
manner, including those done by individuals or group of persons acting for the
applicant;
2) Bringing of firearm/s in the community during visits by the applicant or group of
persons acting for the applicant. When needed, armed security shall be obtained from
the local police authorities or the AFO as requested by the NCIP;
3) Bribery or promise of money, privilege, benefit or reward other than what is
presented by the applicant during the consultative community assembly/first meeting
[Sec. 26(b) and 27 (a)] with the elders/leaders;
4) Clandestine or surreptitious negotiations with IP individuals, some members of the
community concerned or leaders done, without the knowledge of the council of
elders, leaders or majority of members of the community;
5) Donations to the community or to any of its member for the purpose of influencing
the decision of the ICCs/IPs.
6) Holding of unauthorized meeting such as but not limited to wining and/or dining
sessions, and the like or such other activities with the NCIP Official and personnel
and/or members of the affected community, with the intention of unduly influencing
the result of the FPIC process.
7) Deliberately delaying the progress of the FPIC process.
b) By the NCIP Officer or Employee:
1. Acceptance or receipt of money, gifts or other valuable thing from the applicant
intended to unduly influence the outcome of the FPIC process;
2. Consorting with the applicant or with any person connected to or mediating for the
latter intended to unduly influence the outcome of the FPIC process;
3. Deliberate failure to act appropriately on complaints coming from the community
concerning prohibited acts committed by the applicant or the latter’s representatives;
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