QuestionsQuestions (NCIP ADMINISTRATIVE ORDER NO. 03)
The AO covers policies on pending applications, the issuance of NCIP Certification Precondition before issuance/renewal of leases, permits, licenses, contracts and other concessions in ancestral domains, and the issuance of FPIC and execution of MOAs in areas within certified or claimed ancestral domains.
Certified Ancestral Land/Domain refers to areas covered by CALTs/CADTs; Claimed Ancestral Land/Domain refers to areas covered by CALCs/CADCs and/or pending applications, and/or actually occupied by ICCs/IPs in the concept of ancestral land/domain.
No. Leases, permits, licenses, contracts, and other concessions already existing and/or vested upon the effectivity of NCIP AO No. 1 (1998) are recognized and respected; thus, those holders are not covered by FPIC and the NCIP Certification Precondition provisions.
They have priority in securing the NCIP Certification Precondition and FPIC (if applicable), upon endorsement of the concerned government agency.
They likewise have priority in securing the NCIP Certification Precondition and FPIC (if applicable) upon endorsement of the concerned government agency.
The request must be filed with the concerned NCIP Regional Office, and the applicant bears the costs of actual expenses for the required field-based investigation.
The field-based investigation report including recommendation must be submitted to the NCIP main office within 30 days from receipt of the request.
The issuance of certification follows the procedure under Section 5 of the AO, which includes notification, securing FPIC, endorsement, and possible Interim Clearance in cases of conflicting claims.
After the field investigation report, the NCIP Main Office notifies the applicant within 15 days of the overlap and need for FPIC. Then: (1) applicant submits Action Plan within 30 days; (2) NCIP Regional Office approves/disapproves within 30 days, with a 30-day revision/resubmission option upon notice of approval; (3) applicant implements approved Action Plan within 7 days; (4) within 30 days of issuance of FPIC or rejection, the Regional Office issues the certification and endorses it to government agencies, with copies furnished to applicant.
Benefits already provided under existing laws, administrative orders, rules, and regulations for particular resource utilization/extraction or development projects apply without prejudice to additional negotiated benefits on an ex-gratia basis. If existing rules provide no benefits, benefits are negotiated between the parties.
The existing laws, administrative orders, and rules and regulations governing the authorized activities must be followed and complied with.
If any provision (or part) is held invalid by a competent court, the other provisions remain in full force and effect.
All orders and circulars (or parts) inconsistent with the guidelines are repealed, amended, or modified accordingly.
It takes effect 15 days after its publication in two newspapers of general circulation.