Supplemental Guidelines on FPIC and NCIP Certification

This Order is promulgated pursuant to Section 3 of Rule XIII of NCIP Administrative Order No. 1, Series of 1998.
It implements the Rules and Regulations Implementing Republic Act No. 8371, the Indigenous Peoples’ Rights Act of 1997, including the FPIC system (R.A. No. 8371 and NCIP Administrative Order No. 1, Series of 1998, as referenced in the Order).

This Order establishes supplemental procedures governing NCIP Certification Precondition and Free and Prior Informed Consent (FPIC) for government-concession applications affecting Ancestral Domains (Section 1).
It provides rules for handling pending and existing concessions within Ancestral Domains, including recognition of certain “vested” arrangements (Section 3).
It provides timelines and steps for the NCIP Main Office and NCIP Regional Office to process certification and FPIC requirements (Sections 4 and 5).

Certified Ancestral Land/Domain refers to areas covered by Certificates of Ancestral Land Title (CALTs) and Certificates of Ancestral Domain Title (CALTs) (Section 2).
Claimed Ancestral Land/Domain refers to areas covered by Certificates of Ancestral Land Claim (CALCs), Certificates of Ancestral Domain Claim (CADCs) and/or pending applications for CALT/CADT, and/or areas actually occupied by Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs) in the concept of Ancestral Land/Domain (Section 2).
The defined terms are applied consistently with the Act and NCIP Administrative Order No. 1, Series of 1998 (Section 2).

This Order covers policies on the status of pending applications for lease, permit, license, contract, and other forms of concession in Ancestral Domains (Section 1).
This Order covers the issuance of NCIP Certification Precondition prior to the issuance or renewal of any lease, permit, license, contract, or other concession in Ancestral Domains (Section 1).
This Order covers the issuance of FPIC and the execution of a Memorandum of Agreement (MOA) in areas that are within certified or claimed Ancestral Domains (Section 1).

All leases, permits, licenses, contracts, and other concessions within Ancestral Domains that already exist and/or are vested upon the effectivity of NCIP Administrative Order No. 1, Series of 1998 are recognized and respected.
The concerned lessees/permittees/licenses/contractors/concessionaires are not covered by the FPIC and NCIP Certification Precondition provisions under the Act for those vested arrangements (Section 3).
New and renewal applications filed prior to the effectivity of NCIP Administrative Order No. 1, Series of 1998 receive priority in securing NCIP Certification Precondition and FPIC, if applicable, upon endorsement of the concerned government agency (Section 3).
Any formal written agreement and/or ICCs/IPs resolution issued by the concerned ICCs/IPs prior to the effectivity of NCIP Administrative Order No. 1, Series of 1998 is deemed consent (Section 3).
New and renewal applications filed during the effectivity of NCIP Administrative Order No. 1, Series of 1998 receive priority in securing NCIP Certification Precondition and FPIC, if applicable, upon endorsement of the concerned government agency (Section 3).

Requests for NCIP Certification Precondition must be filed with the concerned NCIP Regional Office (Section 4).
The applicant bears the cost of actual expenses for the required field-based investigation conducted by the concerned NCIP Regional Office (Section 4).
The field-based investigation report, including recommendation, must be submitted to the NCIP main office within 30 days from receipt of the request (Section 4).
NCIP acts on the request only upon endorsement of the concerned government agency (Section 4).
If the applied area does not overlap any Certified or Claimed Ancestral Land/Domain, the NCIP issues the certification within 7 days upon receipt of the pertinent field-based investigation report (Section 4).
If the applied area overlaps any Certified or Claimed Ancestral Land/Domain, the certification is issued according to Section 5 of this Order (Section 4).

The issuance of an FPIC or the rejection of the request by the concerned ICCs/IPs follows the procedure under Section 5 (Section 5).
After completion of the field-based investigation report, the NCIP Main Office must notify the applicant in writing within 15 days, stating the overlap and the need to secure FPIC, and must furnish the concerned NCIP Regional Office and the endorsing government agency with copies (Section 5a).
After written notification, the applicant must submit an Action Plan to secure FPIC to the concerned NCIP Regional Office within 30 days (Section 5b.i).
Upon receipt, the concerned NCIP Regional Office must approve or disapprove the Action Plan within 30 days, and the applicant must be given opportunity to revise and resubmit within 30 days upon receipt of the notice of approval (Section 5b.ii).
The applicant must implement the approved Action Plan within 7 days upon receipt of the approved Action Plan (Section 5b.iii).
The concerned NCIP Regional Office must issue the Certification and endorse it to the concerned government agencies within 30 days upon the issuance of the FPIC or rejection, and must furnish a copy to the applicant (Section 5b.iv).

When there are conflicting Ancestral Land/Domain claims, the concerned NCIP Regional Office must issue an Interim Clearance within 30 days after the notification referred to in 5a, conditioned on the clearance posing no objection to the application.
When the conflict is resolved, the applicant must still secure FPIC according to the FPIC procedure under Section 5 (Section 5).

In determining the benefits due host ICCs/IPs to be embodied in the MOA, benefits already provided under existing laws, administrative orders, rules and regulations governing resource utilization, extraction, or development projects/activities apply.
Existing benefits apply without prejudice to additional benefits that may be negotiated between the parties on an “ex-gratia” basis (Section 5).
If existing laws, administrative orders, rules, and regulations do not provide benefits, benefits due to host ICCs/IPs must be negotiated between the parties (Section 5).
After the issuance of a favorable FPIC and the corresponding approval by the concerned government agency, the activities authorized under the approved application must follow and comply with existing laws, administrative orders, rules, and regulations governing those activities (Section 5).

If any provision of this Order, or any part, is held or declared invalid by a competent court, the remaining provisions remain in full force and effect (Section 6).

All orders and circulars or parts thereof inconsistent with or contrary to these guidelines are repealed, amended, or modified accordingly (Section 7).