Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 40-03)
The order covers policies on the status of pending applications for lease, permit, license, contract, and other forms of concession in Ancestral Domains; issuance of NCIP Certification Precondition prior to any lease, permit, license, contract or concession; and issuance of Free and Prior Informed Consent (FPIC) and execution of Memorandum of Agreement (MOA) within certified or claimed Ancestral Domains.
Certified Ancestral Land/Domain refers to areas covered by Certificates of Ancestral Land Title (CALTs) or Certificates of Ancestral Domain Title (CADTs).
Claimed Ancestral Land/Domain includes areas covered by Certificates of Ancestral Land Claim (CALCs), Certificates of Ancestral Domain Claim (CADCs), pending applications for CALT/CADT, or areas actually occupied by Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs) as ancestral land/domain.
Yes, all existing or vested leases, permits, licenses, contracts, and concessions within Ancestral Domains before the effectivity of NCIP AO No. 1, Series of 1998 are recognized and respected and are exempt from FPIC and NCIP Certification Precondition provisions under the Act.
They have priority in securing the NCIP Certification Precondition and FPIC (if applicable) upon endorsement by the concerned government agency. Any existing ICC/IP resolution prior to the effectivity of the order is deemed consent.
The applicant files a request with the concerned NCIP Regional Office, bears the cost of the required field-based investigation, and the NCIP acts only upon endorsement of the concerned government agency. If there is no overlap with ancestral domains, the certification is issued within 7 days after a field investigation report.
The NCIP Main Office notifies the applicant and government agency of the need to secure FPIC within 15 days after investigation. The applicant submits an Action Plan within 30 days. The NCIP Regional Office approves/disapproves the plan within 30 days (with possible revision). Upon approval, the plan is implemented within 7 days. FPIC or rejection and certification are issued within 30 days thereafter.
The NCIP Regional Office may issue an Interim Clearance within 30 days of notification, provided no objection to the application. If conflicts are resolved, the applicant must then secure the FPIC as required.
Benefits already provided under existing laws, administrative orders, and regulations for resource utilization apply, with the possibility of additional negotiated 'ex-gratia' benefits. If no existing laws stipulate benefits, the parties negotiate the benefits due to the host ICCs/IPs.
Upon FPIC issuance and agency approval, all relevant laws, administrative orders, rules, and regulations governing authorized activities must be followed and complied with.