Officer or Service Center Head shall inform the Regional Director and request the presence of
RRT members. The review authority of the RRT is to be performed in this meeting. The
translated version along with the English or Filipino version shall be presented and explained to
the council of elders/leaders. If the contents of the MOA is affirmed, those previously
authorized to sign in behalf of the community shall affix their signature/thumb-mark and present
themselves before a notary public to acknowledge the document they have executed. If there are
necessary corrections to be made to reflect the terms and conditions originally agreed upon, the
applicant shall be given the opportunity to examine the corrections. Thereafter, the parties may
proceed to execute the MOA as provided herein.
Should the duly authorized elders/leaders sign the MOA by affixing their thumb-marks, a
member of the community who knows how to read and write shall participate as an instrumental
witness.
Section 44. Final Review of Memorandum of Agreement by the Legal Affairs Office. The
MOA shall be reviewed by the Legal Affairs Office (LAO) prior to the endorsement of the FPIC
report by ADO to the Commission. The legal advisory of the LAO shall form part of the FPIC
Report of ADO.
Section 45. Contents of the Memorandum of Agreement. The MOA shall stipulate among
others, the following:
a)
b)
c)
d)
The detailed premises of the agreement;
All parties involved ;
Inclusive dates/ duration of agreement;
Other than what has already been granted by law, the benefits to be derived by the host
ICC/IPs, indicating the type of benefits, specific target beneficiaries as sector and
number, the period covered, and other pertinent information that could guide the future
monitoring and evaluation of the MOA;
e) Use of all funds to be received by the host ICC/IP communities, ensuring that a portion of
such funds shall be allocated for development projects, social services and/or
infrastructures in accordance with their development framework.
f) Detailed measures to protect IP rights and value systems;
g) Detailed measures to conserve/protect affected portion of the ancestral domain critical for
watersheds, mangroves, wildlife, sanctuaries, forest cover, and the like;
h) Responsibilities of the applicant s well as the host IP community;
i) The monitoring and evaluation system of the MOA, to include the submission of reports
and creation of monitoring teams;
j) Whether the concerned ICCs/IPs shall require another FPIC to be conducted in case of
merger, reorganization, transfer of rights, acquisition by another entity, or joint venture;
k) Remedies and./or Penalties for non-compliance or violation of the terms and conditions
which includes applicability of customary laws and imposition of sanction/s;
l) Undertaking in writing to answer for damages which the ICCs/IPs may suffer on account
of the plan, program, project or activity. If in addition to the undertaking, the community
requires the applicant to deposit a cash bond or post a surety bond to answer for such
damages, the amount of the bond shall be equivalent to at least one percent (1%) of the
cost investment subject to progressive increase, depending upon the effect of the project.
The MOA shall be accompanied by proof of the deposit of a cash bond or surety bond
with the NCIP. The surety bond must be secured from a reputable bonding company duly
accredited by the Supreme Court and accompanied with an indemnity agreement and
acceptable collateral other than a check. The applicant shall certify that the bond shall be
in effect until expiration of the plan, project or undertaking.
m) Other requirements provided in this Guidelines.
Section 46. Signatories to the Memorandum of Agreement. The signatories of the MOA shall
be:
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