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Prepared by:

REGIONAL TECHNICAL WORKING GROUP

Atty. Amador P. Batay-an Nora T. Chulipa Recto C. Alawas Dario S. Sao-an

Engr. Bruno H. Almora, Jr. Engr. Lyman Benito W. Bangao

Judith T. Cadias Emilia K. Challongen

Dra. Clarita L. Marquez Dra. Marjorie M. Yawan

Crislyn H. Zarate

TECHNICAL EDITOR Florence G. Umaming, MSW

Gender and IPRB-CO Resource Person

SUPPORT STAFF: Sharon Cabato & Raquel Lardizabal

With funding assistance from the Second Cordillera Highland Agriculture

Resource Management (CHARM2) Project, in partnership with the Department of Agriculture (DA) and the International Fund for

Agricultural Development (IFAD)

15 July 2010

Table of Contents BACKGROUND OF THE PROJECT ...................................................................................... 1 INTRODUCTION ..................................................................................................................... 4 HOW TO USE THE PIM .......................................................................................................... 5 PART I. PURPOSES OF THE PROJECT IMPLEMENTATION MANUAL ......................... 6 PART II. LEGAL BASES ......................................................................................................... 6 PART III. NCIP’s MANDATE ................................................................................................. 7 PART IV. NCIP’s VISION, MISSION & MAJOR FUNCTIONS ........................................... 7 PART V. ORGANIZATIONAL STRUCTURE ....................................................................... 8 Figure 1: NCIP-CENTRAL OFFICE ORGANIZATIONAL STRUCTURE ................. 8 Figure 2. NCIP-CAR ORGANIZATIONAL STRUCTURE ........................................ 9 Figure 3. NCIP ORGANIZATIONAL PERFORMANCE INDICATOR FRAMEWORK /LOGFRAME ..... 10 PART VI. OPERATING PRINCIPLES ................................................................................. 10 PART VII. PROCEDURES AND PROCESSES .................................................................... 13 SECTION 1. FREE, PRIOR & INFORMED CONSENT (FPIC)................................. 13 SECTION 2. THE ADSDPP FORMULATION ........................................................... 26 SECTION 3. ISSUANCE OF CERTIFICATE OF TITLE (CADT & CALT) ............. 35 SECTION 4. ACCREDITATION OF NGO PARTNERS and IPO REGISTRATION 57 PART VIII. MONITORING & EVALUATION AND REPORTING SYSTEM .................. 60 PART IX. THE MILLENNIUM DEVELOPMENT GOALS (MDGs) AND GENDER & DEVELOPENT (GAD) ........................................................................................................... 64 PART X. APPENDICES ......................................................................................................... 66 Appendix A: FUNCTIONS AND RESPONSIBILITIES............................................ 66 Appendix A-I: SUGGESTED MUNICIPAL IEC OUTLINE ..................................... 68 Appendix A-2: SAMPLE DIRECTORY/LIST OF LEADERS .................................. 73 Appendix A-3: RESOLUTION OF CONSENT(Municipal IEC)-CADT ................... 74 Appendix A-4: RESOLUTION OF CONSENT (Municipal IEC)-ADSDPP .............. 76 Appendix B: FPIC CASE PRESENTATION .............................................................. 78 Appendix C: VALIDATION REPORT-PIP ................................................................ 79

Appendix C-1: RESOLUTION OF CONSENT FOR PROJECTS IDENTIFIED- PPIP ............. 80 Appendix D: GUIDES ON DATA GENERATION ON PPIP .................................... 83

Appendix D-1: FPIC ACTIVITIES AT THE PPIP PLANNING PROPER ............. 84 Appendix E: HOW TO DOCUMENT IKSPs ............................................................. 86 Appendix F: IEC-INTEGRATING FPIC TO THE PPIP ............................................ 90 Appendix F-1: RESOLUTION OF CONSENT-PIP ................................................... 92 Appendix G: IP ADSDPP VERSION FORMULATION GUIDE ............................... 95 Appendix h: PROCEDURE TO SECURE FPIC .......................................................... 97 Appendix I: IPRB-CO ................................................................................................. 113 PART XI. FORMS................................................................................................................. 130 Monitoring form MF-1: CRITICAL ISSUES FOR ACTION ..................................... 131 Monitoring Form MF-3A: MONTHLY ACCOMPLISHMENT REPORT ................ 134 Form A: AFTER-ACTIVITY REPORT ...................................................................... 135 Form B: COMPREHENSIVE ACTIVITY DESIGN .................................................. 136

NCIP ADO Form AD-1 ............................................................................................... 140 NCIP ADO Form AL-2 ............................................................................................... 142 NCIP Form : SAMPLE ANNUAL WORK PLAN&BUDGET .................................. 144 A.D.O. Form no. 01: SURVEY PLAN FOR AD ........................................................ 147 A.D.O. Form no. 01-A: SURVEY PLAN FOR AL .................................................... 148 A.D.O. Form no. 02: LOT DATA COMPUTATION ................................................. 149 A.D.O. Form No. 03: TRAVERSE COMPUTATION ............................................... 150 A.D.O. Form No. 04: AZIMUTH COMPUTATION .................................................. 152 A.D.O. Form No. 05: FIELD NOTES COVER .......................................................... 156 A.D.O. Form No. 06: FIELD NOTES ......................................................................... 157 A.D.O. Form No. 07: GEODETIC ENGINEER’S CERTIFICATE ........................... 159 A.D.O. Form No. 08: SURVEY NOTIFICATION LETTER ..................................... 161 A.D.O. Form No.09: LOT DESCRIPTION ................................................................ 162 A.D.O. Form No. 10:TRANSMITTAL OF SURVEY RETURNS ............................. 164 A.D.O. Form No. 11: PROGRESS NOTES OF SURVEY ......................................... 166 A.D.O. Form No. 12: FIELD SHEETS ....................................................................... 168

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BACKGROUND OF THE PROJECT

1. BRIEF PROJECT DESCRIPTION:

The CHARM2 Project is the second phase of CHARM1 Project, which terminated on 31 December 2004. CHARM2 is a seven-year project with an estimated total cost of US66.4 million from various sources. Fund sources are loans from the International Fund for Agriculture (IFAD), Asian Development Bank (ADB); and Organization of the Petroleum Exporting Countries Fund for International Development. The National Government will fund USD 5.43 million (8.2%) in foregone duties and taxes, the Local Government Units (LGUs) will contribute USD 8.85 million (13.3%), and the target Beneficiaries will provide USD 5.03 million (7.6%) of the total project cost

2. PROJECT RATIONALE

There is need for more direct poverty reduction investments on value

chain development and micro-finance. Need to expand its coverage to the whole region. Strengthen grassroots institutional structures developed under

CHARM1 needs further strengthening for sustainability. There are potentials to improving value added for poor households

without negative impact on the environment due to the recognition of sustainability of indigenous forest management and cropping systems; government emphasis on developing organic production and growth worldwide of demand for safe and organic food.

3. PROJECT GOAL: Poverty reduction and improved quality of rural highland

indigenous peoples’ communities in CAR.

4. PROJECT PURPOSES: Increased farm family income of the rural poor through sustainable

agriculture; Enhance quality of life through land tenure security; food security

and watershed conservation. 5. STRATEGIES

Indigenous Peoples Value Added Consolidation LGU Implementation Gender Knowledge Management

6. IMPLEMENTING AGENCIES:

Department of Agriculture – lead agency National Commission on Indigenous Peoples (NCIP-CAR) Local Government Units

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7. PROJECT COMPONENTS:

Component 1: Social Mobilization, Participatory Investment Planning and Land Titling (SMPIPLT) • Aims to promote active participation of the communities including

target groups (indigenous peoples’ organization) in planning, implementation, monitoring & evaluation of community development plans.

• Sub-components: a. Community Mobilization

-Social Preparation b. Participatory Project Investment Planning

-Participatory Monitoring & Evaluation c. Facilitation of Ancestral Domain/ Ancestral Land Titling

-Boundary conflict resolution -Survey & delineation of Ancestral Lands/Domains -Registration of Titles -Facilitation of Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)

Component 2: Community Watershed Conservation, Forest Management, Forest Management and Agro-forestry (CWCFMA) • Aims to promote the rehabilitation of watershed in target areas to

enhance conservation of major watersheds in CAR considering that the region is the watershed cradle of Northern Luzon; and to provide indigenous communities with opportunities to improve their socio-economic well-being.

• Sub-components: a. Community Watershed Conservation and Reforestation b. Promotion of Agro-forestry c. Development of Innovative Watershed Conservation

Mechanisms -Innovative Watershed Conservation Financing Mechanism -Documentation of Indigenous Forest Management System -Pilot Community Forest Management

Component 3: Agriculture, Agribusiness and Income Generating Activities (AAIGA) • Aims to improve the production of crops through sustainable and

ecologically friendly farming systems, promote agribusiness through improvement of value chains, and introduce or improve non-farm rural small enterprises as income generating activities to increase family income in the target communities.

• Sub-components: a. Promotion of Agribusiness and Marketing b. Provision of Agricultural Support Services c. Microfinance and Income-Generation through Micro-enterprise d. Small Rural Enterprise Development

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Component 4: Rural Infrastructure Development (RID) • Aims to improve rural infrastructure essential for the promotion of

agricultural production and rural-based livelihood through the mobilization of beneficiaries.

• Sub-components: a. Farm-to-Market Access b. Community Irrigation c. Domestic Water Supply

Component 5: Project Management and Coordination (PMC) • The Project Support Office (PSO) shall facilitate project

coordination and management through the following sub-components: a. Operationalize Project Management Structure b. Participatory Project Planning, Monitoring & Evaluation c. Strengthen Capacity and Effectiveness of project Staff d. Project Administration

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INTRODUCTION

The Department of Agriculture is the concept/project holder and lead implementer of CHARM2 project.

With CHARM2 project goal of reducing poverty and improving the quality of rural highland indigenous peoples’ communities in CAR and project purposes of increasing farm family income of the rural poor through sustainable agriculture and to enhance quality of life through land tenure security; food security and watershed conservation, NCIP was enjoined by the project holder to implement the Land Tenure sub-Component of the project as most of the land in the cordilleras are ancestral domain/land and populated by about 93% Indigenous Peoples.

In order to guide the implementers of the LTI sub-component and other

partners, this Project Implementation Manual (PIM) is prepared. It has two (2) volumes. Volume I integrated the salient provisions of the Indigenous Peoples Rights Act (IPRA); its Implementing Rules & Regulations (IRR), various Guidelines, other policies, and international instruments more specifically the Millennium Development Goals (MDGs) and Gender and Development that NCIP-CAR uses for framework to deliver its mandate. Volume 2 covers Financial and Administrative Services.

This first Volume of the PIM covers eleven (11) parts. Part I of the Manual is the purposes and the succeeding Parts II to VI present concepts and principles that govern NCIP’s work and methodology: NCIP’s Legal Bases, Mandate; Vision, Mission & Major Functions; Organizational Structure & Logframe; and Operating Principles, as used in the Indigenous Peoples Rights Act of 1997; its Implementing Rules and Regulations; and its various Guidelines. Part VII covers NCIP’s Procedures & Processes namely: FPIC; ADSDPP Formulation; CADT Delineation; CALT Delineation; the NGO Accreditation and the Formation of IPO/or Native Corporation puts to operation the rights and responsibilities of the IP communities as provided in IPRA; Part VIII is the Monitoring and reporting system; Part IX GAD; Part X Appendices; and Part XI Forms.

This PIM is subject to revision as the need arises, thus the NCIP

Regional Technical Working Group welcomes feedback for its appropriate revisions.

It is envisioned that this PIM can be used by the NCIP beyond the

CHARM2 Project period. Meanwhile, it is expect that the PIM’s current form contributes to strengthening, facilitating and supporting the IPs-LGU-NGO-NGA partnerships in the effective and efficient planning, implementation, monitoring and the delivery of CHARM2 Project to our IP communities within our region.

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HOW TO USE THE PIM

1. Quickly scan the PIM. Select the concepts, operating principles, processes and procedures that you are primarily using now and translate these in the local dialect or language you use to facilitate the internalization of the PIM.

2. The recognition, promotion and respect for IP rights as provided in IPRA

are non-negotiable. However, IPRA’s implementation requires procedures, methods and processes require the staffs’ creativity as it put to practice the core values of public service namely: professionalism; integrity; and respect for cultural diversity (includes gender sensitivity).

3. The PIM is not meant to ‘box in’ NCIP staffs and partners but to provide a

general guide on concepts, procedures and processes from IPRA, its IRR and guidelines. While there are non-negotiable principles, staffs’ creativity are encouraged to allow us to build on the current PIM. The PIM is for trial use from September 2010 to August 2011. We need to document problems encountered in its use and recommendations to ensure that after one year, the PIM becomes more relevant and responsive to the diverse situation of the thirteen known tribes in the Cordillera.

4. For both the NCIP Community Service Center (CSC) staff and partner

NGOs the purpose of the integration of the FPIC in the PPIP activities is the provision of a hands-on empowerment and experiential learning activity for the IP community on the FPIC process.

5. Build and sustain teamwork at the CSC and at the PO levels. Regularly

reflect as a team on staff members’ use of the PIM. Share your insights with your NGO and LGU partners as you jointly implement CHARM2 Project activities at all levels of work.

6. Please include in your monthly reports feedback on problems

encountered, actions taken and what you have modified or changed to suit an IP community’s real situation.

7. On the issues of boundary conflict resolutions, see table 3, suggested

objectives and activities for research and documentation on pages 43.

8. The PIM has two volumes. This first volume covers the salient points of IPRA. The second volume covers Financial and Administrative Services. Regular reflection on your actual experience in the use of PIM hopefully should result in facilitating, supporting and strengthening your knowledge and skills in the implementation of IPRA, its IRR and related policies.

9. Printing of PIM’s final copy integrating feedback from the field is targeted

in August or early September 2011.

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PART I. PURPOSES OF THE PROJECT IMPLEMENTATION MANUAL

The Project Implementation Manual (PIM) has below three inter-related purposes: 1) Provide NCIP staff access to information to guide them to effectively and

efficiently plan, implement, monitor and evaluate activities/action plans towards achieving the NCIP’s target commitments to the Second Cordillera Highland Agricultural Resource Management (CHARM2) Project;

2) Provide both the NCIP and partners a tool for leveling off on the

definition/interpretition of terms and usages on NCIP’s framework, legal bases, related concepts, method and process that guide the NCIP in carrying out its mandate as a partner & implementing agency in the CHARM2 project; and

3) Provide a guide for transparent and functional partnerships that enables

coordinated planning, implementation, monitoring and evaluation of CHARM2 Project activities and processes.

PART II. LEGAL BASES The Republic Act 8371 or the Indigenous Peoples Rights Act of 1997

popularly known as IPRA and its Implementing Rules and Regulations (IRR) is the basic framework which guides NCIP’s actions as partner agency in the implementation of CHARM2 Project. In addition the NCIP is guided by below policies, Agreement and international instruments:

1) Administrative Order No. 1 S. 2008: Omnibus Rules on Delineation &

Recognition of Ancestral Lands and Domains of 2008 shall be referred simply as ‘Omnibus Rules’;

2) Administrative Order No. 1, S. 2006: The Free and Prior Informed Consent

(FPIC) Guidelines of 2006 shall be referred as ‘FPIC Guidelines’;

3) Administrative Order No. 1, S. 2004: Guidelines on the Formulation of the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) shall be referred as FPIC Guidelines;

4) GOP-IFAD Financing Agreement and Appraisal Report of the second

Cordillera Highland Agricultural Resource Management Project (CHARM 2) shall be referred as ‘GOP-IFAD Agreement’;

5) United Nations Declaration on the Rights of Indigenous Peoples of 2007; and

the 6) Equal Protection Clause of the Constitution of the Republic of the Philippines

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7) MOA entered into by and between the DA-RFU-CAR and NCIP-CAR dated August 14, 2009. IP.

PART III. NCIP’s MANDATE

The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions.

The NCIP’s policy to carry out its mandate as the government’s primary administrative agency for the implementation of IPRA is to advocate and build genuine partnership with the ICCs/IPs, the local government units (LGUs), the national government agencies (NGAs), the non-government organizations (NGOs) and global partners. The building of genuine partnership such as the CHARM2 Project, initiated by the Department of Agriculture (DA) presents opportunities to clarify how partnerships are built towards empowering the ICCs/IPs as primary partners in and not just beneficiaries of development activities.

PART IV. NCIP’s VISION, MISSION & MAJOR FUNCTIONS VISION: As an enabling partner and lead advocate, the NCIP envisions genuinely empowered ICCs/IPs whose rights and multidimensional well-being are fully recognized, respected and promoted towards the attainment of national unity and development. MISSION: (Rule VII, Part II, Sec. 1 IPRA)

The NCIP is the primary government agency that formulates and implements policies, plans and programs for the recognition, promotion and protection of the rights and well-being of ICCs/IPs with due regard to their ancestral domain and lands, self-governance and empowerment, social justice and human rights, and cultural integrity. MAJOR FUNCTIONS:

• Administrative and Executive- to implement/operationalize the Law

• Quasi-Legislative – to promulgate rules/guidelines for the efficient,

effective and economical implementation of RA 8371

• Quasi Judicial – to construe and apply the law on cases brought within its

jurisdiction. Appeal from its decision maybe brought to the Court of

Appeals.

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PART V. ORGANIZATIONAL STRUCTURE

Figure 1: NCIP-CENTRAL OFFICE ORGANIZATIONAL STRUCTURE

Commission on Audit (COA) Consultative Body

Office of the Executive Director

12 Regional Offices

46 Provincial Offices

108 Community Service Centers

Organizational Structure

Office of the Chairman

ADO

OPPR

OSESSC

OEHR

OECH

FAO

LAO

OSESSC – Office on Socio-Economic and Special Concerns

ADO – Ancestral Domains Office

OEHR – Office of Empowerment and Human Rights

OECH – Office of Education, Culture, and Health

FAO – Finance and Administrative Office

LAO – Legal Affairs Office

Commission en Banc

Source: NCIP-CO Files

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Figure 2. NCIP-CAR ORGANIZATIONAL STRUCTURE

See Appendix A for NCIP organic units, Functions, Duties and Responsibilities.

Office of the

Regional Director Regional

Hearing office Commission on

Audit

Administrative and Finance Division

(Financial and

Administrative Support Services)

Provincial Offices &

Community Service Centers

Technical Management

Services Division

(Operations)

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Figure 3. NCIP ORGANIZATIONAL PERFORMANCE INDICATOR FRAMEWORK /LOGFRAME

NCIP Organizational Performance Indicator Framework (OPIF)/Logframe

SOCIAL JUSTICE & HUMAN DEVELOPMENT TOWARDS POVERTY ALLEVIATION

EMPOWERMENT OF INDIGENOUS PEOPLES

ICCs/IPs RIGHTS & WELFARE RECOGNIZED, PROTECTED & PROMOTED

AD/L Delineation and Titling

Services

Advocacy and

Coordination Services

Adjudication and Legal Services

IP Development

Services

Formulation of Policy

Guidelines, Plans &

Programs

PART VI. OPERATING PRINCIPLES In the implementation of this PIM in particular on the ADSDPP formulation;

the conduct of FPIC processes and activities; the formation/accreditation of indigenous peoples’ organization (IPOs) and/or native corporations; and non-government organizations (NGOs), the delineation of ancestral domains and lands; below operating principles shall be observed by both NCIP staffs and partners:

a) Ancestral Lands & Ancestral Domains are Private Lands. Under the

concept of native title; ALs/ADs are private lands. By logic there are no ‘public lands’ within ADs. Respect for indigenous zoning technology which deliberately designated portions of the AD as communal forests; watershed areas; and cultural sites and the ICCs/IPs sustainable indigenous land/domain management systems and practices shall be recognized and respected;

b) Comprehensive. The sustainability of development and protection of

ADs shall be holistic and all-inclusive of all aspects of the life and environment of

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ICCs/IPs and sensitive to the ecosystem worldview of IPs who believe in the interconnection of peoples, natural resources and the spirit world which compose of a Creator, ancestral spirits and unseen creatures that live in the forest, natural springs, lakes, caves, underground and other physical and natural assets within the AD shall be strengthened through self-determined development plans, projects, programs and activities within ICCs/IPs ancestral domains/lands;

c) IP Community-Driven/or Initiated. In the context of the right to self-determination and in the spirit of self-reliance, ICCs/IPs must be given every opportunity to take the lead in their own development. In the development intervention process, this takes the view that ICCs/IPs are the subject/or actors, the partners in; not the object and or targets of development and that interventions shall be strengthening, facilitative and supportive of ICCs/IPs self-determined development priorities;

d) Consensus and Peace-Building. In resolving conflicts or disputes affecting or pertaining to indigenous peoples, any determination or decision thereon shall be reached through dialogue and consensus as far as practicable;

e) Consensus-Building and Decision-Making Process. The ICCs/IPs shall participate in the decision-making processes primarily through their indigenous socio-political structures and shall be helped to likewise to affirm the decisions of their duly authorized representatives;

f) Cultural Diversity. As the beginning of unity is difference, the diversity of cultures, traditions, beliefs and aspirations of indigenous peoples shall be encouraged and fostered in openness, mutual respect for, and active defense of the equal and inalienable dignity and universal, indivisible, interdependent and interrelated rights of every human being, in the spirit of inter-people cooperation;

g) Cultural Integrity- Within ancestral domains/lands, the holistic and integrated adherence of indigenous peoples to their respective customs, beliefs, traditions, indigenous knowledge systems and practices, and the assertion of their character and identity as peoples shall remain inviolable.

h) Development Plans and Programs. Planning for investment projects and programs shall directly respond to identified community development needs and problems. The spatial and development plans/programs and activities include those pertaining to, among others, AD/territorial integrity, forest, and marine conservation and protection or renewal, water security (watershed and other environmentally critical areas conservation and protection), pollution prevention and the ICCs/IPs responsibility to maintain ecological balance; restore denuded/disaster prone/risk areas, sustainable land utilization and management; and the socio-economic or human resources development of the ICCs/IPs shall be undertaken with technical assistance from government.

i) Empowerment. The ICCs/IPs shall freely pursue their economic, social

and cultural development through their participation in decision-making, determination of priorities, as well as the practice of their justice system and peace building processes;

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j) Human Worth and Dignity. The inherent and inalienable distinct

character, sacred human dignity, diversity, and unique worth and identity of indigenous peoples as human beings shall be respected;

k) Inter-agency, LGU, NGO and PO involvement and Community

Support. The collaboration of other government agencies, local government units, and the involvement of NGOs and POs duly accredited by NCIP and authorized by the ICCs/IPs shall be encouraged in order that their rights shall be recognized, promoted and protected;

l) Just and Equitable Sharing of Benefits. IP communities shall be fairly

allocated benefits derived from the management of land and resources within their ADs;

m) Peace-Building. The FPIC is a peace-building measure as it promotes genuine involvement of, and exercise by, ICCs/IPs in decision-making. Adherence to the process guarantees harmony, understanding, unity and security. Likewise, the resolution of boundary conflicts between neighboring tribes and communities shall be facilitated within the context of establishing lasting peace and sustainable development;

n) Primacy of Cultural Integrity. Within ancestral domains/lands, the

holistic and integrated adherence of IPs to their respective customs, beliefs, traditions, indigenous knowledge systems and practices (IKSPs), and the assertion of their character and identity as peoples shall assume an important consideration in the decision-making processes required for the issuance of the Certificate Precondition (CP) as a pre-requisite to the introduction, implementation or operation of plans, programs, projects or activities in ADs/ALs to ensure that the culture and traditions of concerned ICCs/IPs are recognized and respected in the process and their well-being promoted;

o) Primacy of Customary Laws. All development interventions and activities which include the conduct of FPIC processes shall recognize the primacy of customs, traditions and practices of the ICCs/IPs concerned;

p) Resolution of Conflicts/Disputes. All conflicts on AD/AL ownership and

boundaries shall be resolved by concerned parties through the application of customary laws or indigenous conflict resolution and management systems; peace building processes and negotiations.

q) Rights of Other People within the Domain. While the ICCs/IPs have the right to regulate the entry of migrants, the rights of non-IPs or other IPs within the AD as a result of migration prior to the passage of IPRA and who are not co-owners thereof, but in possession of validly acquired lands, shall be recognized and respected;

r) Right to Manage Own Land and Other Resources within the Domain. The right of the ICCs/IPs to manage and develop their land and other resource within their ADs/ALs shall be respected. It is the policy of the NCIP to ensure the

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priority right of ICCs/IPs to manage and pursue development plans, programs, projects or activities in their respective ADs and in the utilization, harvesting, development, extraction and/or exploitation of natural resources therein, and that any alienation or transfer of any of these rights to entities other than the owner of the AD shall require the conduct of the FPIC process;

s) Self-ascription. The principle of self-ascription as to ethnicity and tribal identity shall be recognized within the context of right to cultural integrity;

t) Self-delineation. The principle of self-delineation shall guide the

identification and delineation of ADs/ALs;

u) Subsidiary, Solidarity and Total Human Development. In pursuit of civil, political, economic, social and cultural development, the human person shall be subject only to such limitations as are determined by custom or law, solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society:

v) Sustainable Development and Protection. All development interventions which include the FPIC, whenever given, shall ensure that ICCs/IPs concept and requisites of ‘sustainable and responsible development and protection of ancestral domains shall benefit the present and future generations;

w) Transparency and Capacity Building. The Commission shall perform its tasks on the basis of transparency and active support and participation by the ICCs/IPs and shall take a pro-active strategy in empowering ICCs/IPs in the fulfillment of its mandate; and

x) Transparency and Clarity. The process of conducting the FBI and the

FPIC shall be characterized by clarity & transparency among stakeholders. All issuances, orders, decisions of the NCIP relative thereto must be made known to all parties concerned. The applicant shall make a clear, full and accurate disclosure of information concerning the proposed program, project or activity in a manner that is both accessible and understandable to the concerned community.

PART VII. PROCEDURES AND PROCESSES

SECTION 1. FREE, PRIOR & INFORMED CONSENT (FPIC)

The term itself provides the conditions of consent as free, prior & informed. The NCIP’s responsibility in the field is to ensure that these three elements are met before consent is given. The FPIC process is not synonymous to community consultation. A community consultation is gathering the community’s views and opinions on a particular subject. The elements of free, prior and informed require that securing the IP’s consent is free from external manipulation, interference and coercion. The process provides sufficient information and time for an IP community to weigh the pros and cons of a proposed plan, a project, a program

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or an activity. The proponent has the responsibility of transparency and clarity in the process of fully disclosing the intent and scope of an activity, in a language and process understandable to the community.

The Implementing Rules and Regulations (IRR) of IPRA and its FPIC Guidelines impose strict requirements to ensure that the ICCs/IPs shall, determine within their communities, policies, development programs, projects and plans to meet their identified priority needs and concerns. They have the right to accept or reject a certain development intervention in their particular communities. Among government representatives and other groups, the process of securing the FPIC of ICCs/IPs are often seen as inconvenient, a waste of resources. However, from practice, there are cases that prove otherwise, that is, it is more economical and the results more sustainable to secure concerned IP communities’ FPIC.

The CHARM2 Project provides the resources, opportunities and

mechanisms of empowering the ICCs/IPs in covered municipalities and barangays within the Cordillera Administrative Region. To enable the NCIP to deliver its commitments as co-implementer it also intends to support, facilitate and strengthen ICCs/IPs capacities on how to give their FPIC over plans, programs, policies, projects and activities within their ancestral domains.

Please see Appendix B for two brief case presentations that demonstrate

what happens when FPIC of concerned IP communities were not properly secured.

A. FPIC OBJECTIVES: (Section 2, Part I, FPIC Guidelines)

1) Ensures genuine participation of ICCs/IPs in decision-making;

2) Protect the rights of ICCs/IPs in the introduction and implementation of Plans, programs, projects, activities and other undertakings that will impact upon the ancestral domains to ensure their economic, social and cultural well-being; 3) Provide the procedure and the standards in the conduct of FPIC process, charging of fees, compensation for damages, and the imposition of administrative sanctions for intentional commission of prohibited acts and omissions as hereinafter provided; and

4) Ensure just and equitable partnership in environmental management, land use, development, utilization and exploitation of resources within ancestral domains as well as benefit sharing; between and among the concerned ICCs/IPs and the prospective investor, government agency, local government unit (LGU), non- government organization (NGO) and other entities desiring to collaborate such undertaking when FPIC is given.

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B. FPIC ACTIVITIES/PROCESSES

1. Enforcing the FPIC process by integration of the regular FPIC mandatory activities to the PPIP Process Figure 4. Integration of FBI/FPIC Mandatory Activities to the PPIP

Source: Integration of FBI/FPIC Mandatory Activities PPIP Activities from PSO Draft Guide on Participatory Project Investment Plan

List of Elders/Leaders, Customary Decision Making or Consensus Building Process

Orientation Barangay Assembly 1

(1 day)

Consultative Community Assembly

Data Generation and Analysis

Planning Proper Barangay Assembly 2

(2 days)

Finalization of the Draft PIP

Adoption of PIP Document (Barangay Assembly 3)

Packaging

Integration of PIP into BDP-MDP-PDP, ADSDPP

Consensus Building and Freedom Period (FGD with

Elders/Leaders)

Decision Making

MOA Execution and Signing

FPIC MANDATORY ACTIVITIES PPIP ACTIVITIES

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Table 1. Below is a model Action Plan on securing the IP community’s FPIC by

Integrating mandatory FPIC activities to the PPIP Process.

Objectives Major & Sub-major Activities

Expected Outputs and Outcomes

Person/Group

Responsible

1. Given the PPIP activities the NCIP CDO-CSC staffs strengthened partnership with the NGO Coordinator/CMO through a joint planning meeting

• Coordination & joint planning meeting

• Mandatory FBI/FPIC activities integrated to the PPIP process

NGO Coordinator/ CMO NCIP CDO-CSC Staff

2. Given an Orientation barangay assembly or community consultative assembly (CCA) the ICCs/IPs are informed of the following:

• salient features of IPRA: rights & responsibilities

• native title, primacy of customary laws; right to self-delineation,

• AD/AL delineation; • the FPIC process, its

objectives and the mandatory activities integrated to the PPIP process

• and other tools for IPs empowerment such as the ADSDPP & IPO

• Orientation barangay assembly or Community Consultative Assembly

• Validation of barangay elders/leaders

• Validation of IP customary decision-making or consensus building process

• IEC on the salient features of IPRA, FPIC & other tools for empowerment and its integration to the PPIP process;

• IEC on CHARMP2 components

• FGD with elders/leaders on which of the projects in the CHARMP2 components do they want to engage in

• IEC by LGU &

• Validated listings of authentic and legitimate barangay elders & leader

• Data generated on IP customary decision-making or consensus building process

• IP community informed of rights & responsibilities; FPIC & other tools for IP empowerment

• List of possible projects meeting the criteria of the CHARMP2 components that IP community may engage in

NGO-CMO NCIP FBI/FPIC Team

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other partners

3. Given a list of data required for FBI/FPIC the NGO PPIP Activity integrated said data for inclusion to its Data Generation & Analysis Activity

• FBI/FPIC required data integrated to the PPIP Data Generation & Analysis Activity

• Submission of data gathered to NCIP CDO-CSC

• Data & information gathered

• Submission of data gathered to NCIP CDO-CSC

NGO-CMO

4. Given a PPIP Planning Proper barangay assembly or mandatory FPIC activities of Consensus Building and Freedom Period & Decision- Making the IP community strengthened its decision-making capacities in the following areas:

• validation of the information relative to their identified projects meeting the criteria of CHARMP2 components

• list of priority projects.

• Consensus Building & Freedom Period

• Validation of data relative to their identified project/s

• Listing of priority projects

• Documented Decision-Making &/or Consensus Building Process (Appendix F-1)

• Validated data & information relative to identified projects

• Validated Lists of priority projects the IP community wants to engage in

• Lists of elders/leaders as community representative duly authorized in writing

NGO-CMO NCIP FBI/FPIC

The NCIP field staff shall submit a report to the Regional Director on

the PPIP, attached the names of the authorized signatories; and Resolution of Consent to the list of projects & record of barangay assembly attendance at each of the mandatory FPIC activities; the validated list of elders/leaders for legitimacy and authenticity; the validated documentation customary decision-making and/or consensus building process adhered to by the IP community and observed at the barangay assemblies.

In the conduct of the PPIP activities facilitated by the NGO partners, the ICCs and NCIP are expected to render “substantial participation”. In such case, there is no need to undertake the validation processes (as earlier agreed upon with CHARM2) but a complete report and information has to be submitted by the NCIP staff as basis for the Regional Director to take action/make the decision.

(Substantial participation shall mean the participation of the ICCs in the

PPIP discussions such that the lists of project genuinely come from the people and presence of NCIP staff during the PPIP activities and be given

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ample time to conduct orientation on the rights of the IPs/ICCs, the requirement and processes of ancestral domain/land delineation and ADSDPP formulation and to do documentation and other related activities).

Absence of NCIP staff in the PPIP shall mean the necessity of

conducting the validation processes. To meet this criterion the Regional Director shall create Validation

Team to carry out the following tasks:

a) Joint planning and implementation of PPIP activities. Both the NCIP CDO and the NGO Coordinator/Community Mobilization Officer (CMO) shall jointly plan on the schedules of the PPIP activities to discuss mandatory activities for integration to the PPIP process and the data and information (Please see Appendix D) to meet the FBI/FPIC requirements. They shall also discuss the equitable representation of the various sectors in the barangay, making sure that at least fifty per cent (50%) are women.

b) Orientation barangay assembly or Community Consultative Assembly (CCA). Before the PPIP orientation or CCA begins, the NCIP shall facilitate the validation of the list of barangay elders/leaders for authenticity and legitimacy. In a separate FGD, it shall also document the elders/leaders description of the customary decision-making and/or consensus-building process adhered to or practiced by the community (Appendix E). If there is not enough time, for the validation of the process at the barangay orientation meeting, this may be done at the next scheduled barangay assembly meeting ‘Consensus Building and Freedom Period & Decision- Making.’

c) IEC on the Salient features of IPRA. After the validation of the barangay elders/leaders, the NCIP (FBI/FPIC) Team shall conduct an IEC (See Appendix F) on the salient features of IPRA: on IPs rights and their responsibilities; native title; principle of self-delineation; the delineation process of AD and ALs; and ADSDPP Formulation. In connection to their later task to identify & plan investment projects within their barangay and their AD as a whole, the NCIP FBI/FPIC Team shall present the mandatory FPIC activities integrated to the PPIP process.

d) IEC on the role of the NGO partner & criteria for CHARMP2 Components. To ensure that the barangay assembly is well informed and clarified of the criteria for CHARMP2 components; their counterpart and responsibilities for project sustainability, sufficient time for open forum shall be provided. CHARMP2 component representatives shall present to the assembly the possible scope and extent of projects under each component; the expected cost and benefits; and perceived disadvantages or adverse effects to the community and their ancestral domain as a whole. Likewise, the technical support that would be provided to the barangay to mitigate perceived adverse effects of a project/s shall be presented by CHARMP2 representatives or the Department of

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Environment & Natural Resources (DENR) as well as the local government units (LGUs);

e) Presentation of views of the NGO and other representatives. After the barangay assembly’s questions shall have been sufficiently answered, the NGO and other representatives may also present their views on CHARMP2 components for the appreciation of the barangay elders/leaders who may decide that they could move on to the next process;

f) The Assembly is divided by ‘sector’ work groups. Each sector listed the projects that they may want to engage in for consideration and further study. The work group composed of the elders/leaders shall make an indicative map of their AD showing their barangay location;

g) Work Group Reports. Each work group shall report to the assembly the list of possible projects meeting CHARMP2 criteria that they hope to engage in the future and which shall form part of their Barangay Development Plan (BDP) and their ADSDPP which they shall form at a later date.

h) Adjournment of Orientation Assembly. Immediately after the adjournment of the Orientation Assembly, the NCIP staff shall remind CMO assigned on the list of the required data and information to meet the FBI/FPIC requirements for submission before the conduct of the next PPIP barangay assembly planning proper the same schedule for Consensus Building and Freedom Period and the Decision-Making activities to be facilitated by the FBI/FPIC Team.

i) PPIP Planning Proper. The PPIP process has two days scheduled for the planning proper. The NCIP/CDO and the NGO joint planning shall agree on the schedule of the FPIC Consensus Building and Freedom Period and Decision-Making. To maximize time, these two mandatory activities shall be scheduled at one assembly. Except for the NCIP representatives who shall document the proceedings, non-members of the IP community are strictly enjoined from interfering with the consensus-building processes of the community where the FBI/FPIC Team shall facilitate the barangay validation of the data and information on the identified projects they plan to engage in.

j) Decision-Making. This activity shall result in the prioritization of identified projects that meet the criteria of CHARMP2 components. The elders/leaders designate in writing, duly signed, who among them are authorized to sign/thumb mark the Memorandum of Agreement (MOA) and other relevant documents in behalf of the community in case a project is approved for funding by CHARMP2.

k. Issuance of Certificate of Pre-Condition. Upon receipt of the required reports and have been evaluated that there were strict and substantial NCIP/community participation in the PPIP exercises then, by the authority

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vested in him by the Commission and as required in the RA 8371, the Regional Director shall issue Certification Precondition based on the verified reports.

• PIP process documented report • Original copy of duly notarized Joint Resolution • List of official representatives and alternates of the concerned ICCs

duly authorized by the community to sign contracts or any agreements for any transactions or negotiations by said ICCs in the CHARM 2 Project areas

2. FPIC: VALIDATION PROCESS

Mere attendance of NCIP staff in the PPIPs and membership in the MMGs and BMGs does not warrant the strict and substantial participation in the formulation of PIPs. In the absence of the strict and substantial participation of NCIP, the field validation processes shall be undertaken:

A. Objective. Validation is intended to determine the consent of the

community relative to programs and projects mentioned in Sections 31, 32, 33, 40, and 41. The NCIP shall validate whether or not:

1. The ICCs, in fact, voluntarily solicited or initiated the plan, program, project or activity to be undertaken;

2. The plan, program, project or activity conforms with the community’s ADSDPP or in the absence of the ADSDPP, the concerned community considers the same to form part already of the ADSDPP that they will formulate in the future

3. The ICC knows the extent of the plan, program, project or activity and its socio-cultural/environment impact to the community;

4. The parties acknowledge their obligations; or

5. The plan, program, project or activity is for the delivery of basic

services or for the establishment of social enterprise or enterprise development involving community or generate income to improve the living condition and economic development of the concerned ICC/IP.

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B. Process

Figure 5: FPIC: VALIDATION PROCESS FLOWCHART

1. The NCIP motu proprio, or upon receipt of the written request for validation, the Regional Director shall constitute a team from the provincial office or service center, as the case may be, to conduct a field validation;

2. The team shall immediately conduct the validation and thereafter submit the validation report (see Appendix C) to the RD within ten (10) days from commencement of the field validation;

• Coordinate with the ICCs, CMO, LGUs, or concerned agencies who conducted the PIP activities for the identification of elders/leaders and other community members who will be interviewed.

• Presentation and signing of Resolution of Consent

3. Depending on the result of the validation:

Regional Director constitute a team from PO or CSC, as the

case maybe

Team conduct field validation thru interview of elders/leaders and other community members.

Preparation and Submission of validation

reports/documentations to the RD thru the PO

RD takes appropriate actions

NCIP Regional Office receives written request for validation

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• Section 33 - Regional Director shall issue the CP and/or take such appropriate measures

• Sections 31 and 32 - the Regional Director shall endorse the validation documents to the Commission thru ADO for the issuance of a CP and/or for appropriate action; and

C. NCIP Intervention. Even if an activity is covered under Sections 31,

32, 33, 40, and 41, the NCIP may exercise its injunctive powers upon written complaint of any member of the affected community to enjoin the conduct or continued implementation of the program, project, plan or activity in order to safeguard the rights and interests of the community.

3. FULL BLOWN FREE AND PRIOR INFORMED CONSENT (FPIC) PROCESS

For projects/programs/Activities/Plans under CHARM2 that require the conduct of a full blown FPIC, the NCIP Administrative Order No. 01 series of 2006 (FPIC guidelines) shall strictly be applied.

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Figure 6: THE BASIC FPIC PROCESS FLOWCHART

REGULATORY AGENCY/

APPLICANT REGIONAL LEVEL PO/CSC LEVEL

Endorses request for CP with required documents

RD directs the PO/CSC to hold a pre-FBI

Conference & FBI & notifies the applicant

Conduct of Pre-FBI conference (within 10 days from receipt of

application)

RD assigns officer to determine overlap

based on AD Master List

Overlap?

3 days

RD issues Certificate of Non-overlap

Receives copy on the CNO

Applicant deposits FBI

Fee to the PTA

PO notifies RD & ADAR of the

commencement of FBI

Conduct of FBI, preparation &

submission of report (within 9 days, to commence after 5

days of deposit of FBI fee)

Conduct of Pre-FPIC conference (1 day)

Projects or Activities

under Sec 6-A

(55 days)

Projects or Activities

under Sec 6-B

(35 days)

Note: Projects that falls under Sec. 6-A (large scale & related projects) to follow FPIC process in Section 26 of the FPIC guidelines

Projects that falls under Sec. 6-B (small scale & related projects) to follow FPIC process in Section 27 of the FPIC guidelines

In case the application covers 2 or more regions, the concerned agency shall endorsed the same to ADO Director who will decide which office shall take the lead.

Conduct of FPIC conference

No

Yes

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Figure 7: FPIC PROCESS FLOWCHART (PROJECTS UNDER SEC. 6-A)

Notice Posting/Serving

Consultative Community Assembly

Consensus Building & Freedom Period

Decision Meeting

Favorable?

IP Leaders/Elders issue Certificate/

Resolution of Denial

MOA Execution & Signing

FPIC team submits reports to RD duly

noted by concerned PO

RRT evaluates FPIC report & submits

appropriate recommendation to

RD

RD directs RRT to evaluate the report

RD issues appropriate certificate or

take appropriate action

RD issues Certificate of Non-Consent

Projects that falls under Section 6-A (large scale) requires at least 55 days for the FPIC FPIC process

Yes

No

REGULATORY AGENCY/

APPLICANT REGIONAL LEVEL PO/CSC LEVEL

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Figure 8: FPIC PROCESS FLOWCHART

(PROJECTS UNDER SEC. 6-B)

Consultative Meeting between IP Leaders &

the Proponent

First Meeting

Consensus Building

Favorable?

IP Leaders/Elders issue Certificate/

Resolution of Denial

MOA Execution & Signing

FPIC team submits reports to RD duly noted

by concerned PO

RRT evaluates FPIC report & submits

appropriate recommendation to RD

RD directs RRT to evaluate the report

RD issues Certificate of Non-Consent

Decision Meeting

RD issues appropriate certificate

Projects that falls under Section 6-B (small scale) requires at least 35 days for the FPIC process

Yes

No

REGULATORY AGENCY/

APPLICANT REGIONAL LEVEL PO/CSC LEVEL

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SECTION 2. THE ADSDPP FORMULATION For CHARM concern, NCIPs target on its ADSDPP program shall be based on any of the following: Those areas identified during the PPIP process, those with community request and or the result of the community ground work (domain-wide IEC, focused group discussion, interviews) by NCIP. Prioritization however shall be done in the accommodation of such listings, request or ground works as only eighteen (18) is targeted under CHARM2. It shall be noted that the eighteen (18) targets may be new formulation or second edition/revision and maybe increase as long as funding and time permit. Figure 9. Basic Steps of the ADSDPP Formulation

Source: ADSDPP guideline (NCIP-Administrative Order 1 series of 2004)

Preliminary Activities/Coordination and Building Partnership

Information Education Communication (IEC) and Advocacy Community Mapping/Resolution of Consent

Organization/Capacity Building of Community Working Group (CWG)

Preparation of Work and Financial Plan (WFP)

Data Gathering/Assessment

IP/AD Development Framework Formulation

Interface with Government Plans

Project Identification and Prioritization

Formulation of ADSDPP Implementation Strategy

Community Validation and Approval of Draft Plan

ADSDPP Implementation Submission to NCIP

Incorporation in LGU plans

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A. OBJECTIVES OF THE ADSPP FORMULATION

The formulation of the ADSDPP as a tool for empowerment of the ICCs/IPs adopts a community-driven and rights-based approach to development. The NCIP shall ensure that the ADSDPP process meets the following:

1) Organize the ICCs/IPs and ensure that they are well informed of their

rights and responsibilities to effectively participate and successfully formulate their ADSDPPs;

2) Ensure gender-balance and equitable representation of IP sectors such

as youths, women, traditional leaders/elders, women, farmers, etc. in all ADSDPP processes and activities;

3) Strengthen and support the compliance of ICCs/IPs to their

responsibilities to maintain ecological balance, restore denuded areas and observe the law;

4) Ensure that the ADSDPP process is community/or people driven where

ICCs/IPs leadership responsibilities and full participation in the determination of their own development needs and community problems, set their priorities and subsequently make their action plans to met identified needs and problems are maximized and owned by the community;

5) Facilitate the establishment and building of sustainable partnership with

the LGUs, NGAs and with the NGOs with the view that ICCs/IPs are the primary partners in development and not just the beneficiaries of development;

6) Facilitative, supportive and strengthening of the ICCs/IPs capacities

and use of their consensus building process, traditional values of cooperation, mutual aid, sharing and self-reliance as they participate & engage in the planning, implementation, monitoring and evaluation of their ADSDPPs;

7) Facilitate the provision of technical assistance in the formulation of

ADSDPPs through the field offices and ensure documentation of the planning process;

8) Facilitate the development of ICCs/IPs capacities to build and sustain partnership with the LGUs, government line agencies (NGAs), NGOs as partners in the implementation of the ADSDPPs;

9) Ensure that the ADSDPPs include plans/programs/activities that are supportive towards building the IP/ICCs capacities to carry out their duties and responsibilities to their ancestral domains utilizing sustainable indigenous systems and practices that protect the natural resources therein; and

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10) Advocacy to the LGUs for the incorporation of the IP’ community’s ADSDPP to their local development plans and for partner organizations and agencies to use the ADSDPP framework when working within IP communities.

B. POLICY STATEMENT

The sustainable development and protection of the ancestral domain by the ICCs/IPs themselves is the manifestation of their rights to self-governance and self-determination. To guarantee the exercise, enforcement and realization of these rights, the ICCs/IPs shall prepare their own ancestral domain sustainable development and protection plan (ADSDPP) in accordance with their customary practices and traditions.

C. PROCESS/ BASIC STEPS OF ADSDPP FORMULATION

As a rule the steps undertaken towards the preparation of the “2nd edition” follow the basic steps as identified in the ADSDPP formulation Guidelines. However, because most of the information and data for the formulation on the ADSDPP are found in first Edition, the preparation of the second Edition would require less time and other resources specifically during Data Gathering and Assessment.

PHASE I: SOCIAL MOBILIZATION OR PRELIMINARY ACTIVITIES

a. Pre-Planning Consultations. In preparation for the ADSDPP formulation, a series of consultations shall be conducted by the NCIP field office with the following objectives: 1. Fully inform and educate all IC/IP community members of their rights and responsibilities pursuant to existing policies and regulations.

Information Education Campaign (IEC)

The importance of the municipal-level and/or domain-wide IEC is the decision on the delineation of their AD. Except for Kalinga, which clearly decided to delineate sub-tribe bogis, the rest of the IP communities in the Cordillera need to decide on their options: to delineate a tribal territory; an ili within a municipality like Kadaklan in Barlig and Bayyo in Bontoc; or whether to interface the political and traditional boundaries within the municipality.

Get the commitment of concerned IC/IP community members’ to formulate their ADSDPP.

Identify members of the working group to formulate the ADSDPP.

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See Appendix A-1 for suggested Municipal IEC Outline.

b. Organization of the Working Group/Planning Team. A

Working Group or Planning Team shall be organized which shall comprise the traditional leaders and recognized representatives from all ICC/IP sectors such as the women, youth, children, farmer/fisher folks of the tribe that owns the ancestral domain. To facilitate the planning process, sub-working groups may be organized by ancestral domain unit and/or ICC/IP sector to assist the Core Working Group.

c. Preparation of Work and Financial Plan (WFP). Prior to

the formulation of the ADSDPP, the core Working Group (WG) shall prepare a work and financial plan indicating the planning activities, specific outputs, schedules, responsible persons/groups per activity, and the budgetary requirements including probable resources or sources of funds. This shall be done in consultation with the Council of Elders and other members of the community. Thereafter, the same shall be endorsed to the NCIP, through the provincial and regional offices, for approval and possible funding assistance.

PHASE II: DATA GATHERING & ASSESSMENT

The working group shall conduct a participatory baseline survey focusing on the existing population, natural resources, development projects, land use, sources of livelihood, income and employment, education and other concerns. The survey shall include the documentation of the ICC/IP culture/ IKSP and historical accounts or inventory of documents relative to the sustainable development and protection of the ancestral domain. Likewise, it includes the appraisal of the quality and quantity of existing natural resources in the ancestral domain. The baseline survey shall target both secondary and/ or primary data with the aid of survey instruments and procedures.

The working group shall assess the data/information, identify and prioritize problems/issues and concerns, determine needs and gaps, and try to understand the underlying causes and how particular problems affect particular sectors of the community. The output shall be presented to the community for validation of its accuracy and reliability before proceeding to the succeeding steps of the ADSDPP formulation process hereunder.

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PHASE III: PLANNING

a. IP/AD Development Framework Formulation. Immediately after the validation of the assessed data, the community shall collectively formulate the framework for their development as a people and the sustainable development and protection of their ancestral domain. This shall reflect their collective vision, mission, general objectives or long-term goals, priority concerns and development strategies that will set the direction of the program/project identification and prioritization in the ADSDPP. The process shall involve the evaluation of alternative development options without compromise of the ICCs/IPs’ duties and responsibilities to their ancestral domains. The framework shall be written in the language understood by all IC/IP community members, and translated in English.

b. Interface of IP/AD Development Framework with Existing

Government Policies/Plans/Programs/Projects, Rules and Regulations. After completion of the IP/AD development framework, other government and non-government agencies, most crucial of which are the DENR, DA, DAR, DPWH, and so forth shall be invited to present their existing policies/plans/programs/projects so that ICCs/IPs will be fully apprised of development opportunities as well as limitations. The inputs, with possible commitments, will further guide the identification of programs in the ADSDPP. On the other hand, other GOs and NGOs will be informed of the real desires and aspirations of ICCs/IPs, which they may consider in the review and reformulation of their respective policies/plans/ programs/projects.

c. Program/Project Identification and Prioritization. Based

on the development framework, programs/projects/activities including basic services required shall be identified and prioritized. A brief description of each program, project and activity shall be presented and suggestions on implementation strategies and/or mechanisms may be included. The presentation shall include all available resources and external assistance that could be tapped by the IC/IP community.

d. Formulation of ADSDPP Implementation Strategies and

Management Plan. Proposed plans to implement and manage the ADSDPP and its specific parts shall be indicated to include the monitoring and evaluation systems and tools to be used in measuring and checking the progress of development programs and projects. The Council of Elders/Leaders shall oversee the implementation and

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management of the ADSDPP notwithstanding the visitorial powers of the NCIP. To assist the Council of Elders/Leaders (COEL), the IC/IP community may institute a special body or bodies that will take charge of specific tasks that will be identified.

e. Presentation, Validation and Approval of Draft ADSDPP

with IC/IP Community Members. The working group shall conduct IC/IP community assembly/ies to present the draft ADSDPP for their validation and approval. The presentation shall be aided by visuals including maps and in a manner that is understood by all IC/IP community members. When applicable, the English translation of the ADSDPP shall also be subject for validation.

PHASE IV: PLAN PROMOTION/MARKETING

a. Submission of ADSDPP to NCIP. Upon validation and approval, the community through its Council of Elders/Leaders shall submit the ADSDPP to the NCIP through the Provincial Office (PO). The ADSDPP shall be incorporated into the Medium Term or Five Year Master Plan for ICCs/IPs, which shall be the basis of programs/projects to be identified in the annual and medium term budgetary proposals of the NCIP as well as other agencies concerned with the welfare of ICCs/IPs.

b. Incorporation of the ADSDPP into the Local Government

Plans. After approval of their ADSDPP, the ICCs/IPs shall submit the same to the municipal and provincial government units having territorial and political jurisdiction over them for incorporation in their development and investment plans. The LGUs are also encouraged to provide financial and technical assistance in the implementation of the ICCs/IPs’ development plans.

c. Printing and Packaging. Final step for the ADSDPP Formulation. Ten (10) copies to be produced and distributed as follows:

• 1-Commissioner • 1-Ancestral Domain Office • 3-Regional Office • 1-Provincial Office • 1-Provincial Local Government Unit • 2-Municipal Local Government Unit • 1-Domain/IPO

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Table 2: ACTIVITIES AND EXPECTED OUTPUTS OF ADSDPP Project/Activities/

Programs Objective Expected Output

1. Social Mobilization

1.a. Pre-planning for NCIP staff

> to prepare action plan and set time frames for the whole duration of the project> to level off on the roles per office/unit

> Action plan > Process documentations (admin and technical)

1.b. Domain wide Consultation and formation of CWG/ Technical Working Group

> to ascertain the consent in the preparation of ADSDPP as provided for by the IRR > to trim down members of the CWG into workable no.

>list of final members of CWG Formed >Work order/special order creating CWG > Process documentations (admin and technical)

1.c. Orientation and Planning of CWG

> to orient CWG on ADSDPP concept > to define functions/TOR of CWG > to come up with operational plan

> functions/TOR of CWG defined > operational/action plan > Process documentations (admin and technical)

2. Data Gathering and Assessment 2.a. Capability

Building of CWG on Fundamentals of Research

> to train CWG members on how to document, how to gather data, and how to conduct interview/FGD

>No. of CWG and NCIP trained > Process documentations (admin and technical)

2.b. Gathering of Secondary Data

> to generate secondary data (historical background, demographic profile and IKSP , etc)

> Inventory of available data: >>> cultural history, economic history, geo-political history >>> IKSP on indigenous land use system, land ownership system, forest and watershed management and protection, water resource management and protection, mineral resource management and protection & conflict management > Photocopies of the data gathered > soft copy and hard copy of data > Process documentations (admin and technical)

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2.c. Review and Consolidation of Secondary Data

> to identify relevant data from secondary sources > to segregate relevant data

> Consolidated & encoded relevant secondary data

> to organize segregated data > to establish relevance of data/analyze impact on ADSDPP concept > to determine sufficiency of data/info > to identify data gaps

> List of data gaps identified (gathered vs. checklist) > Process documentations (admin and technical)

2.d. Primary Data Gathering

> to generate first hand information needed that are not available in step 2.b.

> primary data gathered/validated > Process documentations (admin and technical)

> community mapping > community maps/data > Process documentations (admin and technical)

2.e. Training on Technical Writing

> to train CWG members and NCIP staff on technical writing

> No of CWG members and NCIP trained > Process documentations (admin and technical)

2.f. Data Writeshop

> to draft AD community situationer of ADSDPP > to draft IKSP section of the ADSDPP

> AD community situationer and IKSP (part I of ADSDPP) drafted > Documents for liquidation/ payments

3. IP/AD Development Framework Formulation

> to come up with vision, mission, goals and objectives

> Vision, mission, goals (vernacular and translated to English) > logframe > strategies (general statement of programs) > Process documentations (admin and technical)

4. Interface with Government Plans

> to invite GAs to present their existing policies/plans/program to

> CWG informed on programs/plans/ policies of the NGOs/NGAs

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apprise dev't opportunities or limitations > to inform NGOs of the desires of the community which they can consider in the review and formulation of their respective plans/ programs

> Process documentations (admin and technical)

5. Project Identification and Prioritization

> to identify programs/ projects/ activities including basic services to answer needs

> list of PPAs identified and prioritized > Process documentations (admin and technical)

6. Investment Planning

> to come up with an investment plan > to come up with implementing policies and schemes

> 5 year dev't plan > implementation strategies > Process documentations (admin and technical)

7. ADSDPP Writeshop

> to consolidate all data and information for all parts of the ADSDPP > to finalize ADSDPP write-up and planning > to proof read and edit

>Draft ADSDPP > Process documentations (admin and technical)

8. Presentation and Validation of ADSDPP to the Community/ Municipal Development Council

> to present draft ADSDPP to the community and MDC for comments and validation on the planning outputs

> Validation report > Comments on the ADSDPP > Process documentations (admin and technical)

9. Finalization of ADSDPP

> to input corrections/ comments of the community and the LGU/SB

> comments inputted to the draft > Process documentations (admin and technical)

10. Adoption and Integration by the LGU thru the Municipal Development Council

> present the ADSDPP for adoption and integration

> Resolution of the SB for adoption and integration by the MDC > Process documentations (admin and technical)

11. Printing/ Packaging of ADSDPP

> to print and package at least 10 ADSDPP

Atleast 10 copies ADSDPP printed (Commissioner – 1, ADO – 1, RO – 3, PO – 1, PLGU – 1, MLGU – 2, Domain/IPO -1)

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See Appendix I for the discussion of the IPRB-CO and Model Action Plans.

SECTION 3. ISSUANCE OF CERTIFICATE OF TITLE (CADT & CALT)

The same with the ADSDPP, CADT/CALT targets shall be based on any

of the following: the documentation and listings from the PPIP, the request from the communities and or the ground works ground work (domain-wide IEC, focused group discussion, interviews) of NCIP on Land Tenure Improvement concern. Prioritization of such listings and or targets shall also be undertaken based on the Omnibus Rules of NCIP, the IPRA and other criteria/related laws or policies.

In cases where there were no CADT/CALT listings from the PPIP

documentation, the NCIP shall base its prioritization and targeting of its Land Tenure Improvement Program from the result of the ground works ground work (domain-wide IEC, focused group discussion, interviews) of the NCIP personnel and or the written request or petition/application from the people/community.

Should there be no listings from the PPIP, no written request or petition

(application) from the community and if the result of the ground work ground work (domain-wide IEC, focused group discussion, interviews) of the NCIP personnel is negative, then the NCIP may conduct another Information Education Campaign (IEC) to inform the people of their rights and privileges and if still there are no petitioners (applicants) inspite of having been informed then NCIP may move to other areas that could also be targeted for the program.

OBJECTIVES: (Section 4, Part I, Chapter I, Omnibus Rules on Delineation)

a. Promote and protect the native title and other rights of ICCs/IPs to their

ADs/ALs; b. Affirm and defend the cultural integrity of the ICCs/IPs in order to ensure

their economic, social and cultural well-being; c. Consolidate and enhance issuances, guidelines, and/or rules promulgated

by the Commission in order to make it more efficient, effective and economical in the delineation and recognition of ADs/ALs;

d. Identify roles and accountabilities of the ICCs/IPs, the BCIP, the LGUs, Participating Private sector organization/s, and other stakeholders in the delineation and recognition of ADs/ALs; and

e. Enhance the harmonization of various government policies on tenurial instruments affecting ICCs/IPs.

The titling of ADs and ALs is community driven and governed by the

principle of self-delineation. The technical delineation of an AD requires sensitive and respect for the IPs ecosystem worldview and the context of genuine peace and development. At the municipal-level and/or domain-wide,

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IEC the IP community through their Resolution of Consent clarifies the IP community’s option.

A. ISSUANCE OF CERTIFICATE OF ANCESTRAL DOMAIN TITLE (CADT)

The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected. Formal recognition, when solicited by ICCs/ IPs concerned, shall be embodied in a Certificate of Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs over the territories identified and delineated (Section 11 of IPRA).

The official recognition of the above is governed by Administrative Order No. 1, series of 2008 entitled “Omnibus Rules on Delineation and Recognition of Ancestral Lands and Domains of 2008”

In relation to the CHARMP2, the following have been considered: • There will be clustering of barangays/communities in conducting

IECs whenever appropriate and cost effective • Each province shall make give priority to less conflict areas for

CADT delineation.

B. ISSUANCE OF CERTIFICATE OF ANCESTRAL LAND TITLE (CALT)

The right of ownership and possession of the ICCs /IPs to their ancestral lands shall be recognized and protected (Section 8). The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in accordance with customs and traditions. Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains may have their claims officially established by filing applications for the identification and delineation of their claims with the Ancestral Domains Office (Section 53).

The official recognition of the above is governed by Administrative Order No. 1, series of 2008 entitled “Omnibus Rules on Delineation and Recognition of Ancestral Lands and Domains of 2008” (Annex “8.A”).

For purposes of the CHARMP2 and for cost effectiveness, CALT delineation will be prioritized in barangays with more than 20 individual petitions. But in cases where there will be less than 20 applicants in one area, it is the discretion of the Community Service Center to strategize.

The following are some suggested criteria for prioritization of CALT applications:

• Conflict free areas or applications • If and during ocular inspection conflicts arise, said conflict/s must be

settled by themselves • Concerned IPs to settle their conflicts thru customary practices • Completeness of mandatory requirements • Willing to provide counterpart: (i.e) meals for boundary conflict resolutions,

monuments etc.

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Figure 10. AD/AL DELINEATION AND RECOGNITION FLOWCHART

Source: NCIP AO1 reproduced by NCIP CO

Filing of CADT/CALT application and recording of the application in the CARB*

Initial review and evaluation of supporting documents

Preparation of WFP Composition/Constitution of PDT or CDT

Notification of delineation activities to stakeholders

Conduct of community-wide information, education and consultation

Validation of the list of elder(s)/leader(s) or

authorized representative

Gathering of Proofs/Data and documentation

Conduct of ocular

inspection

Resolution of conflicts/disputes

(if any)

Validation of Proofs

Preparation of Social Preparation Accomplishment Report (SPAR)

Issuance of Work Order/Survey Authority

Establishment of Project Control and Perimeter Survey

Preparation of survey returns

Validation of survey returns

Community/Applicant survey plan validation

Notice and publication of CADT/CALT application

Projection of survey plan to DENR, LRA and DAR

Research and segregation of titled properties (if any)

Approval of survey plan

Deliberation and Approval of the CADT/CALT application by the

Commission

ENDORSEMENT OF CLAIM PDT/CDT endorses Recognition Book to RRB; RRB

evaluates and endorses to ADO; and ADO endorses to the Commission after evaluation of the same.

Registration of the CADT/CALT

Awarding of the CADT/CALT to the Claimants

Recording of Approved Survey with the LMS-DENR Regional Office

CADT-Certificate of Ancestral Domain Title CALT -Certificate of Ancestral Land Title RO -Regional Office ADO - Ancestral Domains Office PDT -Provincial Delineation Team CDT -Community Delineation Team RRB -Regional Review Body CARB -CADT/CALT Application Record Book LRA-Land Registration Authority LMS-DENR-Land Management Services

DENR

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NARRATIVE PRESENTATION OF CADT/CALT PROCESSING The adoption of the IPRB-CO as NCIP-CAR’s method and process to

deliver its mandate introduced the concept of core group formation. The formation of a CWG for the Survey & Titling of ADs/ALs ensures that the IP community full exercise of its right to self-delineation of their ADs/ALs with on-the-job support of the PDT and CDT as facilitators, guides, mentors, enablers, trainers and resource persons.

A. Application/Petition By whom and where filed, Form and Content.

Authorized elder/leader or representative at the nearest NCIP Community Service Center (CSC), Provincial Office (PO) or Regional Office (RO) shall file the duly notarized application/petition in the prescribed NCIP form (NCIP-ADO Form AD-1 for AD and NCIP-ADO Form AL-2 for AL).

The application/petition shall contain the following basic information:

1) Name/s of CADT/CALT applicant; 2) Tribe/ethno-linguistic group; 3) Specific location/coverage of the AL/AD; 4) General information of the land/domain applied for including its

estimated area; and 5) Signature/s or thumb-mark/s of applicant or duly authorized

representative/s of the clan/family/individual or community.

Attachment to the Application Process The application/petition for CADT/CALT shall be supported by the

following documents/writings:

For CADT application

Duly notarized Letter or Resolution of Intent signed by the majority of the traditional Council of Elders/Leaders; Statement that the application was a community decision arrived at in accordance with customary processes; and statement that the area subject of their application/petition is their ancestral domain since time immemorial. For CALT application

Duly notarized Letter or Resolution of Intent signed by the ICC/IP applicant; Statement that the area subject of the application/petition is his/her/their ancestral land since time immemorial; and where the presence of other co-owner is apparent, their duly verified conformity.

Where the application is to be accomplished and filed by a representative of the CADT/CALT applicant, the representative/s must submit the Authorization/Special Power of Attorney constituting him/her/their as the legal representative/s which, among others, must indicate the personal circumstances of such representative/s and the

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nature, extent and term of the authority granted. Such authority of the representative shall automatically cease upon the approval of CADT/CALT application by the Commission unless earlier revoked at the instance of the principal/s.

B. CADT/CALT Application Record Book (CARB).

Immediately after submission, the Letter or Resolution of Intent shall be recorded in the CARB of the Provincial Office (PO), or Community Service Center (CSC) without Provincial Office, having jurisdiction over the area, provided however, that in cases where the application was submitted and received by the National, Regional or CSC offices, the same must be immediately transmitted to the PO or CSC for entry in the CARB. The CARB shall contain basic information on time and date of receipt, name and address of the applicant, assigned control number and the signature of the personnel making the said entry.

C. Constitution/Formation of Provincial Delineation Team (PDT) or

Community Delineation Team (CDT) and their functions:

The Provincial Officer (PO) shall constitute and organize the PDT. It shall be composed of three (3) to five (5) NCIP personnel to be headed by the PO with members from among the CDOs, CAOs, TAAs, Legal Officer, and Engineers. The PO, as the Team Leader, is authorized to designate a substitute only in cases where temporary or permanent vacancy exists in any of the foregoing positions. In doing so, he/she may request the RD to provide him/her with a substitute member, from among the personnel in the Regional Office.

The PDT/CDT shall perform the following functions:

1) Prepare the WFP; 2) Coordinate with all stakeholders; 3) Plan and undertake the Information, Education and Consultation (IEC)

activities; 4) Validate identified leaders/elders of the community; 5) Assists the community in the preparation of an indicative map of the

entire AL/AD applied for and indicating adjacent communities; 6) Gather and document information/data including census and

genealogical survey; 7) Conduct community validation of all information/data; 8) Provide support to the Survey Party; 9) Prepare, compile and complete the AL/AD Recognition Book; 10) Facilitate resolution of any issues and concerns; 11) Evaluate and Validate proofs supporting the claim; 12) Such other functions related to the foregoing.

There may be as many PDTs/CDTs as there are applications being processed. In all cases, the PO/CDO shall always act as the Team Leader.

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D. Initial Review and Evaluation of Documents/proofs.

The PDT or CDT, as the case may be, shall review and evaluate all documents/proofs supporting each application/petition to determine that sufficiency of the application, the attachments to the Director of Lands, DENR, pursuant to Section 53 (f) of IPRA, through registered mail with return card.

Processing of applications shall begin only after completion of required proofs. It is the responsibility of the CDT/PDT in close coordination with the community and other stakeholders to ensure that the rights of all concerns are recognized and respected.

E. Preparation of Work and Financial Plan (WFP)

The WFP shall be prepared by the PDT/CDT. The IP community’s participation, undertaking, and/or counterparts and other agreements of the concerned community, partner NGO/s, LGU/s, Agencies shall be clearly stipulated in the WFP. The WFP shall be endorsed by the concerned NCIP Regional Office to ADO for review and evaluation. Thereafter, the WFP shall be returned to the PDT/CDT for the signatures of the parties, duly noted by the Regional Director. The signed WFP shall than be transmitted to Central Office for signing by the ADO Director, FAO Director, concerned Ethnographic Commissioner and the Chairman. Copies of the accomplished WFP shall be furnished to the applicant, ADO, FAO, CAO, RO, CEB thru the OED, and partner agencies, if any.

To facilitate the CHARM2 Project, this shall be covered by exemptions on

fund sources other than the NCIP; thus the WFP shall be reviewed and approved by the Regional Office and thereafter copies of which shall be furnished to the applicant, ADO, Finance and Administrative Office (FAO), and Commission En Banc (CEB) thru the Office of the Executive Director (OED).

The duly accomplished WFP shall constitute the agreement by and among the parties therein.

Contents of Work and Financial Plan (WFP). The WFP shall contain the following:

1) Name/s of the party/ies; 2) Date of preparation; 3) Specific location of the project; 4) Approximate total AL/AD area; 5) Estimated total IP population/right holders; 6) Ethnic group/s living in the area; 7) Kind of application; 8) Brief description of the landscape of the area; 9) Status of the accomplished activities, if any; 10) Total amount needed to complete the project; 11) Initial amount already expended, if any; 12) Source(s) of funds; 13) Specific activities and timeframe/duration for its accomplishment;

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14) Physical output indicator for each activity; 15) Name, address and contact number(s) of contact person(s) of participating

LGU, NGO, IPO or any support group(s)/entity if any; 16) Specific activities clearly indicating the counterparts of the partner LGU, NGO,

IPO or any support group(s)/entity; and 17) Such other undertakings or agreements of the parties.

F. Notification of Delineation Activities to Stakeholders.

At least fifteen (15) days for CADT applications, the five (5) days for CALT applications, prior to the conduct of the delineation activities, the PDT/CDT shall notify in writing all stakeholders including, but not limited to:

1) Applicant ICC/IP; 2) Adjacent communities/lot owners; 3) Director of Lands, pursuant to Section 53(f) of RA 8371; 4) Government agencies claiming jurisdiction over the area applied for , if

any; and 5) Concerned LGUs.

The Written Notices shall specify the venue, date and time and shall be delivered preferably by personal service, registered mail with return card, or other modes of delivery most convenient and speedy to ensure receipt by the addressees. Written Notices shall also be posted in conspicuous public places within and adjacent to the AL/AD. It shall include information on the Application/Petition for CALT/CADT and an invitation to attend the Information, Education and Consultation (IEC) where the concerns of the stakeholders may be presented and addressed. Such notices shall also be sent and posted prior to the conduct of the following activities:

1) Community validation of documents; 2) Ocular inspection; 3) Meetings for boundary conflict resolution; 4) Actual ground survey; and 5) Map validation.

Failure to attend the aforesaid meeting by concerned agencies/individual shall not prevent the PDT/CDT from proceeding with the scheduled delineation activities. The PDTs/CDTs shall keep a record proving receipt of the abovementioned notices.

G. Validation of the List of Elders/Leaders or Authorized Representative/s.

The PDT/CDT shall validate the list of elders/leaders (for CADT applications) or authorized representative/s (for CALT applications) submitted to the NCIP as appearing in the application. To determine whether the customary manner in selecting/identifying elders/leaders or representative/s has been followed, the PDT/CDT shall conduct research on the ICC/IPs’ socio-political structure/institution or traditional governance.

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H. Research and Documentation: Data/Proofs Gathering & Analysis.

The PDT/CDT shall assist the ICCs/IPs in the gathering of the testimony of elders, historical accounts, genealogical data, census of population, preparation on the indicative map and other secondary data. The PDT/CDT shall request a certified list of data or information affecting the AL/AD applied for from the appropriate government agency/ies and private institutions or persons, on the following:

1) All resource use permits, grants and other instruments entered into/

issued by the government through its agencies/ LGU; 2) All proclamations, laws, orders, zoning ordinances decisions of courts

and other tribunals involving the ancestral domain/ land or portion thereof.

3) All rights of ownership over land within the ancestral domain which has been vested prior to the passage of IPRA;

4) All public/private agreements/contracts entered into by ICCs/IPs involving transfer of rights over land, prior to the passage of IPRA;

5) All other entities having interest in the ancestral domain/land which may affect the ICC/IPs’ right or effectively exercise acts of ownership;

6) Copy of sketch maps, approved survey plans and/or other records to identify boundaries or adjacent owners; and

7) Applications for title or fact of absence thereof.

One of the results of the arbitrary creation of townships and local government units is the overlapping of political and traditional boundaries. While there are other reasons that include historical arrangements with neighbor tribes, an important process towards the delineation of an AD’s perimeter before formal recognition is a MOA with adjacent community to indicate consensus between neighbor tribes.

A prior research and documentation of boundaries and conflict resolution

systems and practices, validation of peace negotiators, etc facilitates consensus building in the delineation of ADs. At the IEC activities, the goals of AD delineation through FGDs should be done with care and within the context of peace and development.

Below is a Model plan of action to guide field staff on what can be done

towards facilitating the elders/leaders decision-making relative to the identification of boundaries of adjacent communities and importance of concerned communities to enter to a MOA subsequent to mutual agreement of boundaries. It can be replicated in any AD/AL area taking into consideration differences in the IP community’s IKSPs.

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Table 3. Research and Documentation towards the Identification and/or Settlement of Boundaries between Adjacent Communities Objectives Activities Expected Results &

Outcomes Group Responsible

PDT/CDTstrengthened skills in facilitating self-delineation through the following::

Documentation Utilizing principles

of negotiation & leveling of playing field

Consensus building process

IEC with elders/leaders of AD petitioner & neighbor communities on IP rights, responsibilities & right to self-delineation

Validation of elders/leaders for authenticity and legitimacy

Community mapping; indicating boundaries with neighboring communities

Validation of customary decision-making and consensus building process

Validation of the qualities of peace negotiators

Documentation of elders testimonies on AD boundaries of both petitioner and adjacent community

FGD with elders/leaders

Community maps of petitioner & adjacent communities

Pilot communities in BCR Listed qualities of

traditional peace negotiators

List of peace negotiators for documentation of their oral accounts on their AD boundaries

Draft Documentation of indigenous conflict resolution systems & practices from conversations & testimonies of the nominees on identified boundary conflict

Formation & validation of community validation of ad hoc BCR team membership of at least 7 for either petitioner or adjacent community

Documentation & validation of the qualities of peace negotiators;

Documentation of indigenous conflict resolution systems & practices

FGD with elders/leaders of petitioner & adjacent community on existing boundary conflict.

CDO, PO CDT/ or PDT CWG/elders & leaders

I. Ocular Inspection.

The PDT/CDT, together with representatives of the Council of Elders/Leaders, shall conduct ocular inspection for the following purposes:

1) Verify traditional, physical and cultural landmarks or boundaries of the

AL/AD; 2) Determine the existence of boundary conflicts, if any; 3) Verify and confirm the actual location of sacred/worship places, burial,

hunting, gathering collecting fishing grounds and other proofs of long time possession and ownership within the AL/AD;

4) Ascertain the presence of holders of existing and/or vested property rights in the applied area. In case there is such holder, the same shall be required to submit the evidence thereof.

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In case any change or variation in the metes and bounds contained in the application is discovered or made known during the ocular inspection, the applicant shall submit to the PDT/CDT, within five (5) days after the ocular inspection, a resolution (from AD)/request (for AL) to effect the necessary amendment; otherwise, the processing of the application shall be suspended.

J. Resolution of Conflicts/Disputes.

The primacy of the customary law of the community/ies shall be observed in the resolution of conflicts/disputes between and among ICCs/IPs.

In the resolution of conflicts/disputes, the PDT/CDT shall, as far as practicable, do the following:

1) Determine the nature of the conflict/dispute 2) Initiate the customary conflict-resolution process and document the

same 3) Assist the parties execute the appropriate MOA in case of any

agreement arrived at. In case no settlement is reached, the parties may agree in writing to segregate the contested area or enter into some other forms of arrangement in the meantime so as not to unduly delay the CADT/CALT processing without prejudice to future settlements or the full adjudication of the dispute before the proper body.

If after the exercise of diligent efforts, and conflicts are not resolved by

the concerned ICCs/IPs under their customary practices within 4 meetings for every conflict, the NCIP shall be suspended. The suspension of the activity shall be properly discussed and announced during the 5th meeting. (This maybe continued but under the regular program of NCIP). For CHARMP2 purposes, NCIP shall proceed to conflict-free areas under CHARMP2.

K. Validation of Proofs.

All data/proofs supporting the application shall be validated by the applicant or authorized representative/s in an assembly convened for the purpose and facilitated by the PDT to secure the appropriate confirmation.

Inclusion/Exclusion from the List of Rights Owner/s in the Application.

Persons whose names were inadvertently omitted as members of the community/clan/family shall be included in the list upon request and the updated list, duly authenticated by the council of leaders/elders or head of the family or clan, shall be submitted by the applicant to the PDT/CDT.

Persons who claim to have been omitted in the list may as the

applicant for inclusion. Should the applicant agree, the immediately preceding paragraph shall apply, otherwise, it shall be subject to conflict resolution facilitated by the PDT/CDT. If the matter remains unresolved, the person concerned may have recourse to remedies allowed under existing rules.

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The council of leaders/elders/clan/family may exclude persons who are not entitled to be included in the list and shall thereafter submit the amended list to the PDT/CDT. Any aggrieved person/s may as for reconsideration of the above recommendation. Should it be granted, the original list shall remain, otherwise, the matter shall be subject to conflict resolution facilitated by the PDT/CDT. If it still remains unresolved, the person/s concerned may have recourse to remedies allowed under existing rules. The non-resolution of a request for inclusion/exclusion shall not affect the processing of the application.

L. Social Preparation Accomplishment Report (SPAR) for Issuance of Work

Order/Survey Authority.

The PDT/CDT shall prepare a SPAR summarizing the activities conducted and list of validated proofs to be submitted tot eh RRB. The SPAR shall contain the following:

1) Introduction – Brief description of the project and its purpose.

2) Background which should include a description of the beneficiaries;

Historical background; Political, social and economic situation; Geographical description; Access; and availability of infrastructures and communication facilities.

3) Discussion on: (a) Preliminary Activities- which should include

meetings conducted; coordination with applicants, government agencies, non-government agencies and other entities having direct or indirect interests in the area, partnerships and other relevant activities undertaken; (b) Social Preparation – a narrative description in the implementation and conduct of the activities enumerated below including the problems encountered and how resolved, and if not, what are the planned actions to be undertaken, hindering factors as well as other factors that aided the accomplishment of the activity, status of each activity, extent of the accomplishment, involved entities and other relevant information useful for evaluation and assessment. Special emphasis must be given the following: IEC, Validation of proofs, Genealogical survey, Census, Conflict resolution, and Research particularly on survey-related data and information.

4) Attachments/Annexes: Copy of approved MOA/MOU signed by the

NCIP Chairman, if any, in cases where there are counter-parts from the applicant, NGO, LGAs, LGUs, or other entities; copy of the agreements/s on the Resolution/s of boundary conflicts/disputes or tenurial concerns; Photo documentation or Photocopy thereof; and other relevant documents. After review of the SPAR by the RRB, the Regional Director, shall endorse the same to the ADO Director fro the issuance of Work Order or Survey Authority, as the case may be.

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M. Commencement of Survey Activities.

The Regional Director shall direct the commencement and completion of survey activities within fifteen (15) working days from receipt of the Work Orders/Survey Authority with notice pursuant to section 14 thereof.

N. Mission Planning for the Conduct of Actual Ground Survey.

The Survey Party and the PDT/CDT shall conduct the Mission Planning. This will be attended by stakeholder to discuss procedures and determine their respective roles, functions and responsibilities during the conduct of the survey activities.

O. Establishment of Project Control and Perimeter Survey.

The survey party shall establish project controls. The Perimeter Survey shall be in accordance with Section 77 of this Rules, and undertaken with the participation of the dully authorized ICC/IP representative/s.

P. Survey Returns; Initial Verification and Projection.

Survey Returns of AL/AD shall be prepared by the Chief of Party and submitted to ADO for initial verification and projection. Should ADO find any technical defect, it shall cause the correction of the same, otherwise, the survey plan shall be presented tot eh community/applicant for validation.

Q. Community/Applicant Survey Plan Validation.

The survey party and PDT/CDT shall present the survey plan to the community/applicant or their representative/s, as well as adjoining/adjacent community/ies or owner/s identifying the landmarks and actual sites in relation to the boundary corners in the plan for their validation or confirmation. The duly authorized representative/s of the applicant community/clan/family or the council of leaders/elders and the PDT/CDT members shall affix their signatures to confirm the plan. Said process shall be properly documented.

R. Notice and Publication of CADT/CALT Application.

The PDT/CDT shall cause the publication and posting of the CADT/CALT application in the manner provided for under Section 52(g) of IPRA. (Form to be devised by ADO) The publication provided in the preceding paragraph shall be required in case of CADC/CALC conversion in the following instances:

1) When there was no actual ground survey; 2) There was ground survey but was not published; 3) There was defective survey; 4) There is an increase in the total area; or 5) There is a change of location (coverage).

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S. Grounds for Opposition.

A verified opposition to the application may be filed with the PDT/CDT by one whose interest is affected by the delineation, on any of the following grounds:

1) Adverse claim; 2) The application is false or fraudulent; 3) The area being claimed or portion thereof, is not an AL/AD; or 4) The area being applied for, or portion thereof, has encroached into the

adjacent or another AL/AD.

T. Disposition of Oppositions.

Upon receipt of the opposition, the PDT/CDT shall exert diligent effort to facilitate resolution of the issue, where the primacy of customary laws in the area where the disputed AL/AD is located (Section 6 (d), Part I, Omnibus Rules). If unresolved, the PDT/CDT shall endorse the matter to the Regional Director for resolution within a period not exceeding thirty (30) days. For this purpose, the RD may designate a Provincial Legal Officer or the Regional Attorney to conduct investigation and recommend proper action to the RD for his/her decision. The decision of the RD shall be furnished to the concerned parties and any party who feels aggrieved may appeal within ten (10) days from receipt thereof to ADO. The notice of appeal shall be filed with the Regional Director who shall thereafter forward the pertinent documents to the ADO director who must decide within ten (10) days. The decision of the ADO Director, which must be furnished the concerned parties, Shall be subject to automatic review by the Commission En Banc (CEB) from entertaining any opposition to the application and the pendency of the investigation shall not suspend the delineation process.

U. Common Projection.

For purposes of common projection, a copy of the survey plan shall be furnished to the DENT, DAR and LRA for common projection after the verification of the AL/AD survey plan by ADO. If there are cases of overlap as determined by DENT or LRA, NCIP must be informed forthwith of the details thereof, and the latter shall act in accordance with its appropriate circular/agreement with LRA or DENR, as the case may be.

V. Approval of the Survey Plan.

The ADO shall approve all surveys of ALs/ADs. The conduct of such surveys by Geodetic Engineers of NCIP, cooperating agencies/ institutions or private practitioners must conform to the guidelines provided in this Rules.

W. Ancestral Domain/ Ancestral Land Recognition Book.

The Ancestral Domain/Ancestral Land Recognition Book, which is hereby briefly called AL/AD Recognition Book, to be prepared in eight (8) copies – one (1) original and seven (7) duplicates, shall contain the following:

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1) PDT/CDT Report. This refers to the final report containing proofs, evidences, writings, maps, sketches, documentations, activities and the findings or analyses of all data/information gathered during the investigation, evaluation, including the SPAR, survey report and conflict resolutions, if any, prepared and signed by the members of the PDT.

2) RRB Report. This refers to the report containing the evaluation by the RRB of the AL/AD Recognition Book on its level.

3) Conflict Resolution Report. This refers to the report containing all resolutions of conflicts/disputes, including pertinent documents, decided by the Regional Director, if any.

4) Endorsement. This refers to the favorable recommendation of the concerned Regional Director to ADO based on the RRB report. The PDT/CDT shall transmit to the RRB its report within fifteen (15) days from the last day of publication, if no opposition is received in due form, otherwise, the submission of the report shall be held in abeyance until after resolution by the PDT/CDT.

X. Composition, Constitution & Functions of Regional Review Body (RRB).

The Regional Director shall constitute an RRB composed of the Technical Management Services Division (TMSD) Chief, the Regional Legal Officer (RLO), and one other regional personnel. The Regional Director shall designate the Head of the RRB as he sees fit in the best interest of the service.

The RRB shall review the PDT/CDT report; prepare and submit its report to the Regional Director within twenty (20) days from receipt of the PDT/CDT report.

Y. Endorsement by the Regional Director.

Based on the RRB report, the Regional Director shall act accordingly. Should the RRB report require additional evidence, the Regional Director shall issue a memorandum for compliance thereof; otherwise, he/she shall prepare his endorsement to form part of the Recognition Book for transmittal to ADO. In case of opposition duly filed with the Regional Director, a conflict resolution report to form part of the Recognition Book.

Z. Review by the ADO.

Within 15 days from receipt of the endorsement by the RD, the ADO shall review the AL/AD Recognition Book. Should ADO find the AL/AD Recognition Book to be sufficient, ADO shall notify the PDT/CDT to submit seven (7) additional certified photocopies of the AL/AD Recognition Book, otherwise, it shall require submission of additional evidence. Within fifteen (15) days from receipt of the additional copies, the ADO shall endorse the application to the Commission for deliberation.

No application shall be considered for deliberation without the written endorsement of the concerned Regional Director and the ADO Director. Prior

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written notice of at least fifteen (15) days before the scheduled date for deliberation of the application containing the date, time and venue thereof shall be issued by the Executive Director to the concerned RD, PO/CDO, legal officer and other representative/s of the PDT/CDT. Within the same period the Chairperson of the Commission shall notify the Director of Lands pursuant to Section 53 (f) of IPRA.

AA. Deliberation by the Commission- By Division and En Banc;

Deliberations by the Commission shall consist of three (3) readings as follows:

The First (1st) and the Second (2nd) readings on the application/petition shall be conducted by the Commission sitting in Division. Each division shall select its own Presiding Officer for each 1st and 2nd Reading. Each Division shall deliberate only on those applications/petitions over ALs/Ads within the jurisdiction of the Ethnographic Regions they represent.

The First Division shall be composed of the Ethnographic Commissioners of CAR and Region I, Region II, Region III and Rest of Luzon, and the Island Groups and Rest of the Visayas.

The Second Division shall be composed of the Ethnographic Commissioners of Central Mindanao, Southern and Eastern Mindanao, and Northern and Western Mindanao.

The Third (3rd) Reading on the application/petition shall be conducted by the Commission sitting En Banc when the same is reported out or endorsed by the corresponding Division for consideration by the Commission En Banc. During this Reading, the Commission shall deliberate on and determine the validity of the application, sufficiency of evidences or supporting AL/AD ownership, and compliance with the requirements of IPRA, its IRR and the pertinent Guidelines. Thereafter, the Commission shall issue a formal resolution containing its findings and final disposition on the application.

BB. Documentation and Report on the Deliberation.

The Office of Executive Director, acting as Secretariat of the Commission, shall, as far as practicable, record and document all deliberations of the Commission and shall prepare the minutes for each of the three (3) readings.

In case of denial of the application/petition by the Commission, the Ado shall within five (5) days from date of receipt of the resolution, notify the applicant/petitioner of the denial, attaching to the notice a copy of the Resolution. The notice shall indicate, among others, the remedy/ies available to the applicant/petitioner, if any.

CC. Preparation and Signing of CADT/CALT.

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The appropriate CADT/CALT in the name of the owner/s shall be prepared by ADO and reviewed by the Legal Affairs Office before submission to the Commission for signing.

DD. Registration of CADT/CALT.

The ADO through the concerned PO/CDO shall assist the owner/s in the registration of the CADT/CALT with the appropriate Registry of Deeds. The AD owner/s shall bear the registration fees but shall be exempted from payment of the Assurance Fund premium per Memorandum Order No.179, S.2005 of the Offices of the President. In the case of AL, the owner/s shall shoulder all registration fees including the premium for the Assurance Fund.

EE. Awarding of CADT/CALT.

The CADT/CALT shall be formally awarded by the NCIP to the concerned owner after its registration.

FF. Recording of Approved Survey Plan with the Land Management

Section – DENR Regional Office.

Certified copies of the approved Survey Plan of the AL/AD with registered title shall be furnished to LMS-DENR Regional Office, for incorporation in their projection map and for record purposes.

Table 4: ACTIVITY AND EXPECTED OUTPUTS (Delineation of Ancestral Domain) Objective Expected Output

1. Social Preparation 1.1. Formation

of Provincial Delineation Team

> to form the team as per Omnibus Rules > level off and be oriented on the roles of PDT > to set time frames for the whole duration of the project

> Memo/SO on PDT composition and work order > Action Plan & schedules of PDT > process documentations

1.2. Information, Education and Communication

> to conduct IEC on IPRA > to generate support of LGU, community

>No. of pax well informed on IPRA > petition for delineation > endorsement of leader to file application > written authorization > process documentations

1.3. Gathering of Proofs

> to gather mandatory requirements

a) Testimony of elders b) Written accounts of the ICCs/IPs customs

and traditions; c) Written accounts of the ICCs/IPs political

structure and institutions; d) Pictures showing long term occupation

such as those of old improvements, burial grounds, sacred places and old villages;

e) Historical accounts, including pacts and agreements concerning boundaries

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entered into by the ICCs/IPs concerned with others ICCs/IPs;

f) Survey plans and indicative maps; g) Anthropological data; h) Genealogical data; i) Pictures and descriptive histories of

traditional communal forests and hunting grounds;

j) Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills, terraces and the like; or

k) Write-ups of names and places derived from the native

dialect of the community 1.4. Validation of

Proofs and Domain Boundaries (identified in the testimony)

> to validate proofs and to know if such are sufficient proofs of ownership

> Proofs validated > no. of boundary conflicts identified > process documentations

1.5. Boundary Conflict Resolution

1.5.1. Customary Resolution

> to facilitate resolution of boundary conflicts

> MOA/resolution as evidence of settlement > process documentations

1.5.2. Preliminary Resolution

> to present to the community if the conflict area will be common or excluded from the domain

> exclusion or common area > Certificate of non-settlement > process documentations

1.6.3. Conflict Resolution (Regional Hearing Office)

Resolution of Conflict through court proceedings

> no. of cases filed

2. Titled Properties and Approved Lot Surveys

2.1. Research > to reproduce from DENR, LRA LDCs/ blueprints of titled properties and lot surveys

> No. of Blueprints of maps/plans > Sheets LDC

2.2. Plotting > to plot researched data

> projection map as required by joint LRA-NCIP circular

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3. Establishment of Project Control 3.1. Mission

Planning > tasking and scheduling > to identify strategic locations of control stations > to research control stations at DENR or NAMRIA

>schedules >location of control stations > process documentations

3.2. Fabrication/ Installation of Control Monuments

> to install control monuments

> # of monuments installed > process documentations

3.3. Actual Observation of Monument Control Points

> to observe existing monuments

> # of monuments observed > process documentations

4. Perimeter Survey

4. a. Mission Planning

> schedules and tasking

> action plan (schedules) > identification of representatives/ guides > process documentations

4.b. Fabrication/ Installation of Boundary Monuments/ Reconnaissance

> to stake out boundaries and to install monuments

> # of boundary monuments installed/observed > process documentation

4.c. Actual Ground Survey

> to conduct survey > # of boundary monuments observed > field notes> process documentations

5. Data Processing and Preparation of Reports

5.a. GPS Processing

> to compute data for submission to NAMRIA

> data

5.b. Submission of GPS control to NAMRIA for evaluation and approval

> to submit GPS control to NAMRIA endorsed by ADO

> approved PRS coordinates

5.c. Perimeter Survey Data Computation/Preparation of Survey Plan

> to prepare survey plans and survey returns

> survey plans/returns > technical description

6. Map Validation > to present map to community for their validation

> confirmation of community > process documentations

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7. Publication a. Affidavit of publication from the publisher b. Original copies of the newspaper where

the TD of the AD/AL is published 8. Submission and Follow-up of Survey Return to CO

> CO verifies, projects to LRA

> letter of endorsement of complete survey return > receiving copy of transmittal letters

9. Approval of Survey Return 9.a. Projection > survey plan to be

projected to DENR, DAR, LRA

> request from LRA, DENR, DAR > certificate of no overlap

9.b. Verification > to verify survey return computations

> survey returns verified

10. Approval of Survey Plans

> to approve survey plans

> approved survey plan

11. Compilation/ Completion of Recognition Book and Endorsement

> to compile recognition book and endorse the same to ADO

> 7 sets recognition book compiled/ packaged> endorsement to ADO

12. Regional Review Body

>RRB evaluation report >transmittal to RO

13. CADT Deliberation 13.a. 1st Reading

> comments/inputs/criticisms 13.b. 2nd Reading

13.c. 3rd Reading > En-Banc Resolution 14. Gathering of All Requirements for Registration

> certification from LRA > certification of compliance with Section 52i.

15. Registration of CADT

> to register CADT at the ROD

> endorsement to ROD

16. Awarding of CADT

> to award the CADT to the community

> CADT received by community

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Table 5: ACTIVITY AND EXPECTED OUTPUTS (Delineation of Ancestral Land)

Project/Activities/ Programs Objective Output Indicator

1. Social Preparation

1.1. Formation of Provincial Delineation Team

> to set time frames for the whole duration of the project > to level off/orient roles of PDT > to recommend members to the survey team

> Action plan > commitment of PDT > work order/survey authority > Documentation (admin & for recognition book)

1.2. Posting of applications to conspicuous places

> to post copy of the petition and survey or sketch plans in conspicuous places

> Documentation (admin & for recognition book)

1.3. Ocular Inspection and Appreciation of Proof

> to validate proofs and to know if such are sufficient proofs of ownership > to identify if there are conflicts with adjoining property owners

> written authorization > list of beneficiaries/claimants > testimony > written accounts > pictures > historical accounts > genealogical surveys > boundary identified > no. of boundary conflicts identified > Documentation (admin & for recognition book)

1.4. Boundary Conflict Resolution 1.4.1. Customary

Resolution > to facilitate resolution of boundary conflicts

> MOA/resolution as evidence of settlement > Documentation (admin & for recognition book)

1.4.2. Conflict Resolution (Regional Hearing Office)

Resolution of Conflict through court proceedings

> no. of cases filed

2. Parcellary Survey

2.1. Fabrication of Boundary Monuments/ Reconnaissance

> to stake out boundaries and to install monuments

> # of boundary monuments installed > Documentation (admin & for recognition book)

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2.2. Actual Ground Survey > to conduct survey > # of boundary monuments observed > field notes > Documentation (admin & for recognition book)

3. Data Processing and Preparation of Reports

> to compute data for submission to NAMRIA > to submit GPS control to NAMRIA > to prepare survey plans and survey returns

> data > approved PRS coordinates > survey plans/ returns

4. Map Validation > to present survey plan to petitioners and adjoining property owners

> confirmation of community > Documentations

5. Submission of Survey Return to CO for Verification, Projection & Approval

> CO verifies, projects to LRA

> letter of endorsement of complete survey return

6. Approval of Survey Return

6.1. Projection > survey plan to be projected to DENR, DAR, LRA

> request to LRA, DENR, DAR > certificate of no overlap

6.2. Verification > to verify survey return computations

> survey returns verified

7. Publication > to publish technical description, survey plan and petition of elders

> Affidavit of publication/certificate

8. Approval of Survey Plans > to approve survey plans

> approved survey plan

9. Compilation/ Completion of Recognition Book and Endorsement

> to compile recognition book > to endorse book to ADO

> 7 sets recognition book compiled/packaged > endorsement to ADO

10. Regional Review Body 11. CALT Deliberation

11.1. 1st Reading > comments/inputs/ criticisms 11.2. 2nd Reading

11.3. 3rd Reading > En-Banc Resolution 12. Gathering of All Requirements for Registration

> certification from LRA > certification of compliance with Section 52i.

13. Registration of CALT > to register CALT with the ROD

> endorsement to ROD

14. Awarding of CALT > to award the CALT to the petitioner

> CALT received by the petitioner

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Table 6: Application of IPRB-CO in the Delineation of Ancestral Land Objectives Major & Sub-Major

Activities Time Frame

Expected Results and/or Outcomes

Group Responsible

PDT/CDT on ALs Survey & Titling strengthened skills in organization and knowledge on the following: Survey & titling of ALs in the context of sustainable environment, peace & development; global warming & climate change; and poverty alleviation.

Organizational meeting

PDT/CDT Duties & Responsibilities

Review of CALT Application Forms & Required Proofs & or Documents

Facilitating gathering of Proofs & Elders’ Testimonies

5 hrs Formal organization of CALT PDT/CDT

Clearly stated duties & responsibilities of CALT PDT/CDT

Owners increased knowledge on the context of Survey & Titling of ALs

PO&CSC

A total of at least 20 or more CALT applicants in CHARMP covered barangay increased knowledge on the value of titling & need for their coordinated efforts towards securing their individual CALTs.

Submission of at least 20 completed application forms

Arrived at a consensus on helping each member to fill up application forms and how to efficiently secure elders’ testimonies

2 mos 20 CALT applicants agreed to work together as a group towards securing their CALTs.

CALT Petitioners (applicants )

PDT/CDT strengthened partnership with LGU assessors’ office and surveyor to check on AL tax declarations.

Regular meetings

Indicative map of ALs

Validation of ALs in Assessors Office

Identification of Claim overlaps

Settlement of Overlaps

Six mos

Area Indicative Map

Identified claim overlaps

AL owners arrived at a consensus on how to facilitate the securing of their CALTs

PDT/CDT & CALT Petitioners (applicants)

PDT/CDT increased skills in assisting applicants to complete Recognition Book

Completed/

Processed Recognition Book of at least 20 or more

Six mos.

PDT/CDT & CALT Petitioners (applicants)

AL owners oriented Mission One All lot owners Technical

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to the technicalities of survey & titling

Planning

day identified, oriented and participated in all survey activities

Survey Team & Petitioners ( Applicants)

Promotion of cooperativism and unity amongst land owners/Petitioners.

Organizational Meeting

Action Plan towards gathering of documentary proofs and the completion of Recognition Book.

One day

AL owners occupying contiguous areas agreed to work together.

Action plan on data/proof gathering submitted

PDT/CDT Petitioner

(applicants)

AL owners with assistance from PDT/CDT strengthened/ capacitated in gathering/compiling documentary proofs for Recognition Book.

Gathering of data/Proofs

Packaging of Recognition Book

4-6 mos

At least 20 Recognition Books packaged

PDT/CDT & Petitioners (applicants)

SECTION 4. ACCREDITATION OF NGO PARTNERS and IPO REGISTRATION

A. ACCREDITATION OF THE NGOS

For regulatory and monitoring purposes, non-government

organizations (NGOs) with intentions of operating, or already operating, within ancestral domains shall have to be accredited by the NCIP Regional Office where the NGO operates. The IPRA-IRR shall be the basis of NGO Accreditation. (Section 4, Part II, Rule IV, Rules & Regulations Implementing R.A. 8371, otherwise known as IPRA).

Pending the formulation of Guidelines by the commission should there be any, the following basic requirements shall be required:

a) Duly accomplished NCIP Accreditation Form for NGOs; b) Certified copy of registration with Securities and Exchange

Commission (SEC) or other government agencies; c) Organizational Structure and Officers of the organization; d) Organization’s vision, mission, goals & objectives,

programs/plans and membership policies; e) Written historical track record of the NGO; and f) Other documents as maybe required by the NCIP.

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Pending the formulation of Guidelines, the Suspension and Revocation of NGO Accreditation shall be subject on the following grounds:

a) Unauthorized negotiation with natural or juridical persons relative to

land development, use, extraction, harvest, and exploitation of natural resources;

b) Misrepresentation and entering into agreement or compromise with investors to the detriment of the community;

c) Accepting bribery such as project contracts, gifts or donations in exchange of favors;

d) Loss of trust and confidence of the members of the community; e) Violation of customary processes and community collective decision-

making; and f) Other analogous circumstances.

B. Registration Requirements for Indigenous Peoples Organizations

(IPOs)/or Native Corporations

The NCIP shall recognize the vital role of IPOs as autonomous partners in development and shall fully support the development and empowerment of indigenous peoples’ organizations or native corporations, or associations to pursue and protect their legitimate and collective interests and aspirations.

In consultation with the IPOs, the NCIP shall prepare guidelines for

strengthening the capability of the members which shall be culture sensitive, rights-oriented and shall cover, among others the following:

1) Awareness and knowledge of IPRA and its IRR; 2) IPs holistic and sustainable development framework; 3) Research & documentation skills particularly in taking the

testimonies of elders by way of individual and group interview; In taking the testimonies of elders the more appropriate technique is purposive conversation, story telling and/or focused group discussion;

4) Community organization to include use and observance of customary decision-making and consensus-building processes; community and cooperative value systems, socio-political structures and self-advocacy;

5) Indigenous Knowledge Systems and Practices (IKSPs) to include but not limited to customary laws, traditions and practices; sustainable resource management systems and practices, family and community life value systems;

6) Conflict resolution mechanisms and peace building processes; 7) Project management; and 8) Networking and development work partnership with other Pos,

NGOs and GOs

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For the purpose of acquiring legal personality, indigenous peoples, organizations shall register with NCIP.

The application for registration shall be filed with the concerned NCIP

Provincial Office with the following attachments:

1) Duly accomplished NCIP Registration Form 2) List of Elders/Leaders 3) Petition/Resolution signed By authorized officers and members; 4) Written accounts of organizational decision-making process; 5) Written commitment to recognize and assert customary laws and

decision-making by consensus; 6) List of authorized representatives of the ICC/IP community; 7) Written accounts of the ICC/IPs customs and traditions; 8) Written accounts of the ICCs/IPs political structure and institutions; 9) Written account of community decision-making processes; 10) Anthropological data; and 11) Genealogical surveys;

The NCIP Provincial Officer shall evaluate and field validate the

authenticity of the IPO and submit report of the same including the IPO’s application for registration to the NCIP Regional Director who shall, within 15 days issue the Certification of registration. The NCIP Regional Director shall furnish the National Office updated lists of all such organizations registered by them.

All registered IPOs and accredited NGOs shall submit to the NCIP Field Offices the following documents annually:

a. Change of officers or leaders; b. Financial and Accomplishment Reports; and c. Change in programs, projects and activities.

The field staff does his/her various IPRB-CO roles as guide;

paralegal worker & trainer; enabler; and “community expert” with the view that the ICCs/IPs at all times are the primary actors in the whole process. For the ICCs/IPs to exercise the principle of self-delineation their full participation and engagement in the evaluation of the process of collaboration and cooperative work being carried out from project planning, implementation, monitoring and evaluation. For sustainability, the whole project cycle is owned by the ICCs/IPs and/or community-driven.

The field staff’s responsibility is to synthesize the ICCs/IPs self-assessment and objectively give his/her own interpretation of the content of the discussions and the process of interaction focused at increasing the IPO’s capacity to operate as a group and to represent the community’s best interest.

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PART IX. MONITORING & EVALUATION AND REPORTING SYSTEM

Factors listed below shall be used for the monitoring and evaluation of

the delivery of NCIP commitments to CHARM2 Project: Issuance of 18 CADTs & 3,180 CALTs and 18 Ancestral Domain Sustainable Development & Protection Plans (ADSDPPs).

a) The Logical Framework (Log Frame) b) Annual Work Plan & Budget AWPB c) Action Plans of Field Staffs d) Monthly; Quarterly; Semi-Annual; Annual & End of Project Reports. The

timely submission of reports is crucial to the provision/or delivery of both technical and administrative support.

The NCIP management shall conduct monitoring and evaluation of the

CHARM project/activities on Land Tenure Improvement to ensure that the following concerns are achieved/undertaken:

Ensures proper conduct/implementation of the project/activities Sees to it that activities are conducted as scheduled if possible That objectives are met with quality outputs (standards are met) To provide a system for the integration, coordination and linkage of the monitoring activities

To provide up-to-date information on the over-all status of project/activity implementation at each level for planning and budget allocation

To identify problems/issues which impede project implementation for remedial actions and to elevate unresolved issues and problems to proper authorities

To provide information on lessons learned in project implementation for planning and implementation of future similar projects

To assess and ascertain whether projects implemented are supportive of the ADSDPPs, the MTDP-IP, regional development goals and plans as well as national development thrusts and priorities

To provide an orderly flow of information and a speedy means of

determining shortfalls or deviations for early corrective action. The set of CHARM standard report forms and NCIP’s forms shall be used in the reporting.

Processes involved in Monitoring: 1. Determination of the status of the entire project as basis of actual work

accomplished, current and anticipated technical results, resource expenditures

2. comparison of the current status to the original plan in terms of work schedule, budget, cost estimates and cash flows, technical specs to be met at the end of the project

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3. Identification of variances between: the costs incurred and the original estimate of costs (cost variance); the costs of work performed and the costs of work scheduled (schedule variance); quality of work and technical specs for the project

4. comparative analysis, both from the points of view of physical and financial performance of similar projects under implementation

MONITORING & EVALUATION SYSTEM FOR CHARM-2 (LAND TENURE IMPROVEMENT SUB-COMPONENT)

PARTICULARS ACTOR/S DATE OF

SUBMISSION TO RO

Data Requirements, Instruments, And Regularity Of Submission:

I. CHARMP M & E Forms

a. Monitoring Form MF-1.Critical Issues for Action

b. Monitoring Form MF-3A. Monthly Accomplishment Report

c. Monitoring Form

MF-4C. After-Activity Report (Part I)

I. NCIP’s M & E/Report

Forms

a. Admin. Form 1-A

Accomplishment Report - (CADT/CALT)

b. Admin. Form 1-B

ADSDPP REQUIRED ATTACHMENTS (of

NCIP Staff Concerned and Immediate Superior

a. (as needed)

b. (last working

day of the month)

c. (last working day of the

month)

a. (last working day of the

month

b. (last working day of the

month)

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Reports) MINUTES, PHOTOGRAPHS, AND DETAILED EXPLANATIONS (as available or necessary or demanded by the provincial or regional office) Overall Monitoring of the LTI Sub-Component (CADT/CALT & ADSDPP) and consolidation of reports

The Regional Office (Each provincial Office shall undertake M&E at their level)

Who prepares and sign the forms

NCIP Staff Concerned and Immediate Superior

Provincial and Regional Offices of the NCIP Copy furnished each Unit/office Concerned (BMG, MMG, PMG, CHARM PSO)

HOW DATA WILL BE CONSOLIDATED AND BY WHOM

BY THE REPORT OFFICERS OF THE PROVINCE AND POINT PERSON(S)/CHARM PLANNING & REPORT OFFICER IN THE REGION

PARTIES WHO WILL ANALYZE AND TAKE ACTION

1. Provincial Officer/ Service Centers Head upon receipt of the consolidated report from the RO and forms B, C, and D from concerned staff (all documents need not be simultaneously present for the provincial officer/Service Center Head to take action)

a) Point person/Planning Officer of the region will give a consolidated copy to Administrative/TMD/RD for action

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b) The NCIP-CAR Regional Director may directly take action and can assign or order any of his staff to make recommendations on the actions that should be taken by the NCIP-CAR Regional Director or NCIP-CAR Regional Office.

Who decides whether there is a need for a special ongoing evaluation and when it is already timely to conduct the terminal or ex post evaluation

NCIP regional and central offices in coordination with the provincial office of the NCIP, DA, LGUs and IPOs

Who makes decisions on any evaluation design

NCIP region (in coordination with the provincial office, central office, DA, and LGUs

Who submits the monitoring reports to offices outside of the NCIP and the central office

the NCIP-CAR regional office through NCIP-CAR Regional Director

Note: This document can be a subject of periodic reviews and improvement.

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PART X. THE MILLENNIUM DEVELOPMENT GOALS (MDGs) AND GENDER & DEVELOPENT (GAD)

In facilitating the identification of community problems and ICCs/IPs development needs: Gender & Development (GAD) and below Millennium Development Goals (MDGs) as perspectives are introduced and discussed.

Gender and Development: The indigenous peoples’ worldview is holistic.

People, land, nature and the spirit world are one and inseparable. The indigenous peoples problems threatening their survival revolve on issues relating to their right to self-determination and the free and full exercise of their rights to ancestral domains/lands, social justice and human rights, cultural integrity and self-governance and empowerment. Such problems are shared equally by every member of an IP community where women compose fifty per cent.

Development is about attaining a full and satisfying life for all. The

formulation of an IP community’s ADSDPP, consistent to the IPs holistic worldview, needs to ensure the equality of men and women. To better understand gender issues and concerns within a particular tribe, there is need to openly discuss and document the different roles and activities assigned to either boys or girls, and to men and women towards the identification and clarification of gender issues and concerns to avoid generalizations.

In the identification and analysis of community needs and problems, there

is need to integrate tools for gender analysis and to raise consciousness that culture is dynamic. This means that cultural practices that impede on the development of the full potential of a person, women in particular likewise is subject to change. Thus, women participation in an activity depends on the culture of the community which must be respected.

Millennium Development Goals (MDGs). The Millennium Development

Goals (MDGs) serve as a contract to which the Philippines as a United Nations member country are committed. The member countries have until 2015 to achieve the goals from 1990. On the MDG category of poverty, the target is to reduce by half from levels seen in 1990. The Philippines should be reduced to only 12.5 per cent by 2015, a goal, from Secretary Corazon Juliano-Soliman’s assessment as unrealistic by 2015.

According to the National Statistical Coordination Board (NSCB), poverty

incidence in the Philippines stood at 33 percent as of 2006. In facilitating the preparation of the IP community’s ADSDPP, there is a need to help IP communities’ local efforts in the identification of community needs and problems; development of programs and projects that contribute towards the achievement of below MDGs:

1) Eradicate extreme poverty & hunger; 2) Achieve universal primary education; 3) Promote gender equality & empower women; 4) Reduce child mortality;

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5) Improve maternal health; 6) Combat HIV/AIDs, malaria, TB and other diseases; 7) Ensure environmental sustainability; and 8) Develop a global partnership for development.

CHARMP 2 goal and purposes aimed towards the achievement of MDGs

numbers 1, 3 & 8. The monthly reports each month under significant accomplishments shall include reports of at least thirty per cent (30%) women participants in barangay assemblies and conduct of focused group discussions (FGDs) on women’s roles in marriage, the family and the community. The FGDs objective is to generate information from which gender issues and concerns are identified.

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PART XI. APPENDICES

APPENDIX A: FUNCTIONS AND RESPONSIBILITIES FUNCTIONS AND RESPONSIBILITIES: I. OFFICE OF THE REGIONAL DIRECTOR

Decides on all matters concerning the project Issues work order for the conduct of validation process inclusive of survey

activities. For this purpose, the authority to issue survey authority/work order shall be delegated to the Regional Director

Issues Certification Precondition Member of the Regional Inter-Agency Steering Committee – participate in

the policy review, approval of the AWPBs and other activities of the RISC and other office representations

Signatory to pertinent documents Provides Legal Services

II. TECHNICAL MANAGEMENT SERVICES DIVISION (TMSD)

The Technical Management Services Division is responsible for the

implementation, monitoring and evaluation of the project in accordance to the provisions stipulated in the NCIP-DA Memorandum of Agreement. The Technical Management Division shall:

a. In-charge in the pre-implementation activities of the project such as; the

preparation of manuals (PIM, AWPB/WFPs) . b. Renders technical/support services c. Recommends guidelines/policies d. In charge on the Monitoring and Evaluation e. Prepare and submit periodic Reports and plans f. Coordinate and link with NCIP offices/units and partner

agencies/stakeholders

III. ADMINISTRATIVE AND FINANCE DIVISION

1. Prepares pertinent financial documents 2. Prepares Financial report and analysis 3. Certifies fund availability in the voucher, contracts and other documents; 4. Monitor financial reports and recommend appropriate action for the

Director or other organic units 5. Renders assistance on all administrative and financial matters

IV. PROVINCIAL OPERATING UNITS

1. Coordinate with the entities and partner agencies at the provincial level with regards the conduct of activities

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2. Implement the Identification and delineation of Ancestral Domain/Land processes

3. Facilitates registration of CADT/CALT 4. Provide technical assistance, monitor and supervise the project

implementation 5. Conduct regular monthly meeting/assessment at the provincial level 6. Attend Provincial Steering Committee and Provincial Management Group

meetings. 7. Receive and validate applications for accreditation of NGOs/registration of

IPOs 8. Prepare and submit reports 9. File and maintain records at the PO level 10. Perform other functions related to the project

V. COMMUNITY SERVICE CENTERS

1. Facilitate the identification and delineation of AL processes 2. Facilitate the formulation/re-planning of ADSDPP 3. Facilitate CSC level meetings/assessments 4. Attend Municipal Steering Committee and Municipal Management Group

and other meetings. 5. Prepare and submit reports 6. File and maintain records 7. Coordinate, participate and assist in the facilitation of activities of the

participatory project investment planning 8. Conducts validation if there is no participation in the PPIP activities

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APPENDIX A-I: SUGGESTED DOMAIN WIDE (MUNICIPAL) IEC OUTLINE

SUGGESTED DOMAIN (MUNICIPAL) LEVEL IEC OUTLINE Objectives if the Municipal-level IEC: At the end of the municipal level IEC the capabilities of the IP community’s in below areas achieved:

1. Increased knowledge of the historical context of IPRA; 2. Increased knowledge of their rights and responsibilities; 3. Increased capacities to fully participate in sharing their views and opinions

that concern their AD and ALs; 4. Strengthened community’s critical capacity in the authentication and

legitimizing list of elders and leaders with traditional leadership qualities; 5. Validated customary decision-making and consensus building process

adhered to by the IP community (tribe); 6. Strengthened consensus building process on their AD delineation options; 7. Strengthened capacity in consensus building through their passage and

approval of Resolutions of Consent to engage in the survey & titling of their AD and the formulation of their ADSDPP; and

8. Increased skills in the formulation of their indicative AD map.

I. Historical Context

• IPs resistance to western colonization; and • IPs assertion of cultural identity and heritage-an ecosystem worldview

where people, natural resources (AD/or ili as a whole) and the spirit world (Kabunian, ancestral spirits and other unseen creatures) are interconnected.

II. High Costs of IPs Historical Assertion of Cultural Identity and Heritage

• Colonization created two world views: Minority composed of the

indigenous peoples asserted their cultural identity, social justice systems and socio-political institutions, while the majority of Filipinos adopted to the systems of the colonizers

• Central government’s uncertainty on what to call the sector and how to relate with them (first the IPs were called non-Christians, cultural minorities, indigenous cultural communities, tribal Filipinos and now indigenous peoples, term used in the UN);

• Government programs aimed at assimilation • Problems on discrimination; • Ancestral lands/domains viewed as public lands resulted in massive

dispossession of IPs’ of their ancestral lands/domains; and • IPs joined the armed struggle for government reform/structural change.

III. Historical Breakthroughs: Government efforts to respond to IPs

sustained assertion of cultural identity and ownership of their ADs/ALs

• 1987 Constitution of the Philippines provision for the recognition of ICCs’s rights to ancestral domains;

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• 10 years advocacy for the passage of an Ancestral Domain Law; • Passage of IPRA in 1987 under President Fidel Ramos’ Social Reform

Agenda; and • Supreme Court upheld constitutionality of IPRA’s provisions on ALs &

ADs.

IV. RIGHTS OF IPs

I.RIGHT TO ANCESTRAL DOMAINS AND LANDS A. Native Title - With or without a title the IPs own their ancestral lands and ancestral domains. CALTs and CADTs are land tenurial instruments that formally recognize IPs ownership of ancestral lands and ancestral domains.

B. IPs have the Option to Secure Formal Recognition of their ALs and ADs through the Issuance of CALTs and CADTs. - Securing CALTs and CADTs in the context of peace and development - CALTs and CADTs as instruments towards poverty alleviation. - The problems of land grabbing and encroachment may result in landlessness. Survey & titling of ALs provide security of tenure to AL owners. CAR basically is an agricultural region- loss of land is loss of source of livelihood. -Etc. C. Primacy of Customary laws. -The principle of self-delineation shall apply in the delineation of ALs and ADs. -The IP community’s right to use traditional systems and customary laws to resolve and settle land rights and boundary conflicts between individuals, families, clans and neighbor communities. D. Right to Regulate Entry of Migrants and Other Entities. -The collective right to use everything within the AD and ALs is limited only to the recognized members of the IP community. -Right to regulate the entry of migrants, including organizations who intend to do business, engage in development or other forms of activities within their AD/ALs. E. Advantages of formal recognition or advantages of securing CADT or

CALT -Tenurial security-reduce land grabbing and encroachment; -Building genuine and lasting peace-formal delineation promotes technical identification of boundaries; -Delineation of communal forests and watershed areas ensures sustainable management and long-term protection of natural resources such as watershed areas and forests, cultural sites, etc. using traditional systems and customary laws.

-Others

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F. Options in the Delineation of IP community’s AD: Except for Kalinga which will delineate their bogis as their AD, the rest of the IP communities need to discuss their options as follows and the pros and cons of each choice.

a) To delineate their AD following their municipal or political boundaries, which interfaces political or traditional boundaries;

b) To delineate their ili within the political or municipal boundary such as the case of Kadaklan AD within the municipality of Barlig; and

c) To delineate their tribe’s territory like the Bugalots AD this transcended their municipal and provincial boundaries. Consequently the Bugalot AD is located within the provinces of Nueva Viscaya, Aurora and Quirino.

II. RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT A. Recognition of socio-political institutions and structures – Right to use traditional justice systems, conflict resolution institutions or peace building processes which are oriented to settlements, reconciliation and healing -NCIP to help document cases resolved under indigenous justice systems, conflict resolution mechanisms and peace building processes B. Support for autonomous regions-strengthen the aspiration of the ARMM and CAR -Uphold the principles of self-governance and cultural integrity C. Mandatory Representation in Policy making Bodies -Mandatory representation in all policy making bodies and in local legislative bodies -In close coordination with DILG, NCIP shall come up with appropriate measures to ensure the full participation of ICCs/IPs in matters affecting their development. This includes provision of technical assistance to develop the ICCs/IPs representatives’ knowledge of traditional socio-political systems, customary laws, justice system and skills in interfacing with non-IP governance and policy making. D. Right to Determine their Development Priorities -Formulation of their Ancestral Domain Sustainable Development & Protection Plan (ADSDPP) -Use of Customary Decision-Making and Consensus Building Process Adhered to by the IP community -Formation of a rights-oriented indigenous peoples organization (IPO) or native corporation E. Instrument of Empowerment -Free Prior Informed Consent (FPIC)-enables IP communities to exercise their right to self-determination. IP communities to determine for themselves

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policies, development programs, projects and plans to meet their identified priority needs and concerns. -IP communities have the right to accept or reject a certain development intervention in their particular communities -FPIC is the consensus of all members of the IP community free from any external manipulation, interference and coercion and obtained after fully disclosing the intent and scope of an activity, in a language and process understandable to the community.

III. SOCIAL JUSTICE AND HUMAN RIGHTS

-Right to equal protection before the law. -Right during armed conflict-right to declare their territories as zones of peace -Freedom from discrimination -Equitable distribution of basic services -Men and women are equal

IV. RIGHT TO CULTURAL INTEGRITY

-Protection of indigenous culture, traditions and institutions; -Right to establish and control educational and learning systems; -Recognition of cultural diversity; -Right to name, identity and history; -Community intellectual property rights; -Protection of religious, cultural sites and ceremonies; -Right to indigenous spiritual beliefs and traditions; -Protection of indigenous sacred places; -Protection of indigenous knowledge systems and practices (IKSPs); and -Right to science and technology.

V. IP RESPONSIBILITIES OF IPs TO THEIR ADs

1. Maintain Ecological Balance. -Access to all government funds earmarked for environmental protection in relation to their domains. -Support the sustainable indigenous agriculture of organic farming and inter-cropping -Formulate and implement indigenous systems for protecting and conserving the flora and fauna, watershed areas, sacred places and all other objects of ritual and ecological importance to preserve, restore and maintain a balanced ecology within their ADs;

2. Restore Denuded Areas. -Develop their own systems for undertaking reforestation projects under such terms and conditions that will ensure the application of the IP community’s IKSPs -Enforcement of obligations to reforest areas where denudation of areas is caused by identified natural resource licensees. Right to Ancestral Lands/Domains

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• Right to Self-Governance & Empowerment • Human Rights and Social Justice • Right to Cultural Integrity

VI. NCIP’s MANDATE

Oversee protection and promotion of IPs interest and well being with due regard to their beliefs, customs, traditions and institutions..

VII. NCIP-CAR’s STRATEGY TO MEET MANDATE

Indigenous Peoples Rights-Based Community Organization Program (IPRB-CO)

Definition of IPRB-CO

Community Problem Solving Process Social Mobilization Process Empowerment Process Conscientization Process

VIII. IPRB-CO’s VISION

Free Enjoyment and Full Exercise of ICCs/IPs rights. IX. IPRB-CO’s MISSION

IPs empowerment in self-governance and cultural integrity. X. GOALS OF IPRB-CO

Formulation of ADSDPPs; Formation and development of facilitative leadership skills and

rights-oriented POs/or native corporations; Formal recognition of ownership of ADs/ALs – issuance of CADts

and CALTs Building genuine partnership with the LGUs, other government line

agencies such as DA, DENR & NGOs for the implementation of IPRA; and

Documentation of IKSPs in particular the customary decision-making and consensus building process adhered to by a particular IP community.

XI. IPRB-CO STRATEGY

Capacity Building of NCIP staffs and the ICCs/IPs as primary partners in the implementation of IPRA and its IRR and other related policies.

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APPENDIX A-2: SAMPLE DIRECTORY/LIST OF LEADERS Directory of Community Leaders A. Elders & Traditional Leaders

Remarks

Name Gender/Age Address B. Sector Organizations Name Gender/Age Address Sector

Organization C. LGU Officers Name Position CP # Office D. National Government Agencies Name Position CP# Government

Agency

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APPENDIX A-3: RESOLUTION OF CONSENT (Domain/Municipal IEC)-CADT

RESOLUTION OF CONSENT FOR THE DELINEATION OF ANCESTRAL DOMAIN

WHEREAS, a Municipal/Ancestral Domain-level IEC Assembly was held on _________ at ______________; WHEREAS, the IEC was attended by a total of __________ resident –owners (the umilis) of ____________________; WHEREAS, at the General Assembly, we, the umilis, also known as _________ were informed of our rights and responsibilities as indigenous peoples and as provided in Republic Act 8371 or the Indigenous Peoples Rights Act of 1997, popularly known as IPRA; WHEREAS, our rights are; right to ancestral domains/ancestral lands; right to self-governance and empowerment; social justice and human rights; and the right to cultural integrity; WHEREAS, our responsibilities to our ancestral domain and lands (ili or bogis) are: 1) maintain ecological balance; 2) restore denuded areas; and 3) observe the law. WHEREAS, the free enjoyment and full exercise of our rights are rooted in the principles of our right to self-determination and our worth and dignity as peoples; WHEREAS, the law also provides that our Free, Prior and Informed Consent (FPIC) is required before a particular development program, policy and project is implemented in our ili, WHEREAS, following our consensus building process, we have decided to freely enjoy and fully exercise our right to self-determination by engaging in the second Cordillera Highland Agricultural Resource Management (CHARM), a project that will last for at least seven years, WHEREAS, the CHARM2 project involves our partnership with our LGUs, the DA and the NCIP in the planning, implementation and evaluation of activities towards the achievement of CHARM2 goal of reducing poverty and improving the quality of life in our ili; WHEREAS, the purposes of CHARM2 Project are: increased farm family income in our ili; improved land tenure security through formal recognition through the NCIP; ensured food security and through the conservation, improvement and protection of our forests and watersheds based on our traditional and sustainable forest and watershed systems; WHEREAS, we understand that formal recognition is an option but by consensus and that applying the principle of self-delineation we agreed to have our AD

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surveyed and titled for the purpose of formal recognition of our ownership of our AD through the issuance of a Certificate of Ancestral Domain Title (CADT); WHEREAS, below are the natural landmarks that bound our AD: North: South: East: West: WHEREAS, we have identified below list of individuals to represent our tribe and community in the delineation processes (survey and titling) of our ancestral domain; 1) 2) 3) 4) 5) 6) etc WHEREAS, to facilitate the survey and titling of our AD, above list of individuals shall function as our representatives and are authorized to sign documents and papers for the umilis benefit and interest; WHEREAS, we the umilis expect that the above authorized representative find ways and means to give feedback to the umilis of critical activities and actions requiring their signature; WHEREAS, the umilis have the right to change any of the identified individual/s representative/s for failure to recognize, promote and protect our rights in the all delineation (survey and titling) processes and activities; RESOLVED, as it is hereby RESOLVED that this municipal-level assembly approve and pass this Resolution of Consent that we engage with the NCIP in the delineation (survey and titling) of our AD; RESOLVED, FURTHER, that copies of this Resolution of Consent be furnish to the Office of the Mayor, Provincial Governor, other concerned government line agencies, and NGO partners for their information and guidance. RESOLVED, FINALLY, to forward this resolution to the NCIP for their information and appropriate action. PASSED and APPROVED by the Municipal Assembly of ______________ held on ------------ at the _______ . Prepared by: Noted by: Secretary of the General Assembly Chairperson

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APPENDIX A-4: RESOLUTION OF CONSENT (Domain/Municipal IEC)-ADSDPP

RESOLUTION OF CONSENT FOR THE UMILI TO FULLY PARTICPATE AND

ENGAGE IN THE FORMULATION OF OUR ADSDPP WHEREAS, a Municipal-level IEC Assembly was held on _________ at ______________; WHEREAS, the IEC Assembly was attended by a total of __(in words)___________ (figures) resident–owners (umilis) of the ili or bogis (AD) of ________________; WHEREAS, at the IEC Assembly, we, the umilis, were informed of our rights and responsibilities as indigenous peoples as provided in Republic Act 8371 or the Indigenous Peoples Rights Act of 1997, also known as IPRA; WHEREAS, we were informed that the law recognizes the concept of native title, our right to self-delineation, and the primacy of our customary laws; WHEREAS, we have been informed of the establishment of the partnership of NCIP, the DA and the LGUs for the implementation of the second Cordillera Highland Agricultural Resource Management, a project (CHARMP2) that will last for at least seven years, WHEREAS, there is a need for the full participation and engagement of the ICCs/IPs in the planning, implementation and evaluation of activities towards the achievement of CHARMP goal of reducing poverty and improving the quality of life in our ili; WHEREAS, the purposes of CHARMP2 are: increased farm family income in our ili; improved land tenure security through formal recognition through the NCIP; ensured food security and through the conservation, improvement and protection of our forests and watersheds based on our traditional and sustainable forest and watershed systems, WHEREAS, to achieve above CHARMP2 project goal and purposes, NCIP as one of the implementing agencies have targeted the production of 18 ADSDPPs, the survey and titling of 18 ADs and 3,780 ALs; WHEREAS, IPRA provides that we, the umilis of ________________________ need to give our Free, Prior and Informed Consent (FPIC) before a particular development program, policy and project is implemented in our ili, RESOLVED as it is hereby RESOLVED that on this IEC Assembly held on _____, we hereby give our Consent for the umilis to fully participate and to engage in the formulation of our (ili or bogis) ADSDPP; RESOLVED FURTHER, that we authorize the below list of ( in words ) (figures) volunteers for the Community Working Group (CWG) to work directly

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with the NCIP and to sign appropriate documents or papers towards the formulation of our ili’s ADSDPP; 1. 2. 3. 4. 5. RESOLVED FURTHERMORE, that the IEC Assembly participants’ attendance/signatures be attached to this resolution; RESOLVED FINALLY, that the Secretary of the IEC Assembly provide to the Offices of the Association of Barangay Councils (ABC); the Mayor; and the Provincial Governor copies of this Resolution for their information. PASSED and APPROVED by the Municipal IEC Assembly of _____ held on -------- Prepared by: Noted by: Secretary of the IEC Assembly IEC Assembly Chairperson

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APPENDIX B: FPIC CASE PRESENTATION

The two cases being presented demonstrate the wisdom of FPIC. The cases show how projects on domestic water supply resulted to conflicts between adjoining barangays or communities of the same tribal group within two municipalities. It also demonstrates the complex and possible problems that may result if the concerned communities’ FPIC are not properly secured and ownership of resources not carefully determined prior to the implementation of similar projects.

Projects related to watershed and agro-forestry complexities of that

surround increasing demand of IP communities for domestic water supply because of their having entered the consumer and material civilization. From the oral accounts of two members of the PIM Technical Working Group, below cases are presented to support the need to recognize and uphold the integrity of the FPIC processes and activities as provided in IPRA, its IRR and the FPIC Guidelines of 2006.. Case # 1. Domestic Water Supply Project for the poblacion of the Municipality of Sagada in the Mountain Province.

In the 1980s, the poblacion of Sagada thru the local government unit (LGU) in the Mountain Province tapped water for domestic water supply from Buasao located at its northern barangays. When the pipes were open, the poblacion and the Municipal Officials led by the Mayor celebrated. Subsequent years however, proved that the basic service became a peace and order problem. The pipes were slowly and gradually stolen and damaged. Investigation on the problem indicated that the water from Buasao is the same source of water for the rice terraces of northern Sagada communities. The domestic water supply project could not be sustained and eventually was abandoned, including the reservoirs which some enterprising individuals tapped for their private use.

Case # 2. Domestic Water Supply Project for the barangay of Masla, in the municipality of Tadian, also in the Mountain Province.

Funds for above project were accessed thru the Diocesan Development Office of the Episcopal Diocese of Northern Philippines in recent years, around the early 2000s, for the domestic water supply need of the barangay of Masla. The materials were brought to the site of a natural spring located in a mountain between the barangays of Masla and Lubon. Noticing the movement of a group of workers from Masla, the people of Lubon saw that their source of water was within their barangay and apparently warned the the people of Masla, which was reportedly ignored. When the workers left the site at the end of the working day, the people of Lubon went up to the mountain and brought the pipes and other materials down to their barangay.

Unfortunately, the case was brought to the legal court system, where the

people of Lubon were accused of a criminal act of “theft & robbery,” which took several years. The trial courts decided in favor of the people of Lubon but the case, up to the present, caused deep hostilities between the two barangays and

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where no one benefited. Above cases demonstrate one of the primary reasons for upholding ICCs/IPs FPIC which is within the context of peace building.

APPENDIX C: VALIDATION REPORT-PIP

VALIDATION REPORT ON PARTICIPATORY INVESTMENT PLANNING FOR THE CHARM2 PROJECT BARANGAYS

Objective of Validation: At the end of a meeting with at least three (3) elders and leaders and two barangay residents as witnesses, the elders and witnesses discussed and modified a draft Resolution of Consent validating the IP community’s participation processes in the identification of investment projects under Component I of CHARM2 Project. Barangay: _______________, Municipality of _________________________ Names of elders/leaders met and interviewed: 1. 2. 3. Names of barangay residents/witnesses on the Resolution of Consent: 1. 2. Date of Meeting: Place of Meeting: Summary of Results of Meeting with elders/leaders: Report Prepared & Submitted by: Name of Staff Date Noted by: Provincial Officer Attachments: Resolution of Consent

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APPENDIX C-1: RESOLUTION OF CONSENT FOR PROJECTS IDENTIFIED- PPIP

RESOLUTION OF CONSENT

WHEREAS, we the IP community of Barangay _________, ___________, have freely participated in the Participatory Project Investment Planning (PPIP) that started with an Orientation-barangay assembly held on ________________ WHEREAS, at the Orientation-Barangay Assembly we were informed of CHARMP2 purposes which are: increased farm family income of the rural poor in target areas; improved land tenure security; and conserved and improved highland forests and watersheds based on sustainable practices; WHEREAS, we were likewise, informed of CHARMP2 goals of poverty reduction and improved quality of rural highland indigenous peoples’ communities in CAR; WHEREAS, at the Orientation-Barangay Assembly the NCIP staff using the activity as a consultative community assembly informed us of our rights and responsibilities to our ancestral domains/lands namely: maintain ecological balance, restore denuded areas, and to observe the law; WHEREAS, the NCIP staff further informed us of our right to free prior informed consent (FPIC); WHEREAS, to ensure that our FPIC was secured as we participated in CHARM2 Project Component 1 in the identification of project investments for possible implementation within our barangay, the NCIP staff informed us of the integration of the mandatory FPIC activities in the PPIP process as follows: Consultative Community Assembly (CCA) to be done at the Orientation Barangay Assembly; the Consensus Building and Freedom Period with the elders/leaders to be done at the Planning Proper Barangay Assembly; and Decision-Making, also to be done immediately after the Consensus Building and Freedom Period with the elders/leaders; WHEREAS, at the PPIP Planning Proper Barangay Assembly held on ------- the mandatory FPIC activity of Consensus Building and Freedom Period was done with our elders/leaders through focus group discussion (FGD); WHEREAS, in the FGD our elders/leaders identified project investment priorities for possible implementation within our barangay; WHEREAS, at above scheduled Planning Proper Barangay Assembly the last mandatory FPIC activity of Decision-making was immediately done; WHEREAS, following our customary decision-making and consensus building process, we gave our consent on below list of project investment priorities at the above scheduled Planning Proper Barangay Assembly; 1) 2)

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3) 4) 5) 6) WHEREAS, below is the list of authorized elders/leaders to sign the Memorandum of Agreement (MOA) to be executed between and among the representatives of the IP community, CHARM2 Project, the LGU, the NCIP and any other party involved in the implementation and evaluation of approved CHARMP2 project;

1) 2) 3) 4) 5) WHEREFORE, BE IT RESOLVED, AS IT IS, HEREBY DONE that we the IP community of Barangay ___________ hereby issue this Resolution of Consent to the list of project investment priorities set by our elders/leaders;

WHEREFORE, BE IT FURTHER RESOLVED, AS IT IS HEREBY DONE that our consent to the list of investment projects under the PPIP CHARMP2 Component I was given on the condition that upon CHARM2 Project’s approval of any of the identified barangay priority investment projects the following conditions shall be observed to wit:

1) CHARM2 Project representatives present the feasibility studies/or approved project proposal/s to the barangay elders/leaders;

2) The CHARM2 Project representatives shall fully disclose to the IP elders/leaders the impact of the project, actual number of households who will benefit, the maximum costs; the sources of funds whether its from grants or loans; the duration of partnership; when the IP community takes full responsibility for project management, sustainability, etc. which shall form part of the MOA, and which shall be drafted by the NCIP legal officer of the province. The first draft shall immediately be translated into the language or dialect understood by the IP community/ies concerned.

3) If the contents of the MOA is affirmed, those previously authorized to sign in behalf of the barangay shall affix their signature/thumb mark and present themselves before a notary public to acknowledge the document they have executed;

4) That all partner organizations and groups shall recognize our traditional leadership system; Indigenous Knowledge Systems and Practices (IKSPs); cultural integrity; and rights to self-determination and identity of the ICCs/IPs in all CHARMP2 processes;

5) That all concerned agencies shall promote and protect the rights of the IPs as provided by law and shall see our community as its primary partner to

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implement CHARMP2 programs and projects in consonance with IP development perspective of rights-based; culture sensitive, transparency, community driven in the spirit of freedom; self-governance and self-reliance;

6) That all parties of the MOA shall recognize and respect the visitorial responsibility of the NCIP as provided in R.A. 8371; and

7) That the NCIP may exercise its injunctive powers upon written complaint of any member of the affected community to enjoin the conduct of continued implementation of the program, project, plan or activity in order to safeguard the rights and interests of the community.

RESOLVED FURTHERMORE, that after the signing of a MOA governing the terms and conditions for partnership and project management that the NCIP issue the Certification Precondition as required under Free and Prior Informed Consent (FPIC); RESOLVED FINALLY, to furnish copies of this Resolution to concerned agencies for their information and guidance. Done this ___ of (month & year) at ___________, ____________, ____________. Names of Elders/Leaders Contact

Number Signature/Thumbmark

1. 2. 3. Witnesses: Barangay Resident Contact

Number Signature/Thumb mark

1. 2.

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Appendix D: GUIDES ON DATA GENERATION ON PPIP ACTIVITIES

Below are guides on Data Generation on PPIP activities.

1) Specific names of places/areas that will be actually affected by PPIP identified projects

2) Documentation on IP community’s view on the ecological, economic, social and cultural aspect of the project/s and how will their AD as a whole benefit?

3) Opinion of the IP community on how identified projects could generate income to improve the living condition and economic development of the poor households within their barangay/or AD as a whole;

4) Any perceived disadvantages or adverse effects to the community and their ancestral domains and the measures adopted to mitigate perceived disadvantages & adverse effects.

5) List of elders/leaders in the barangay for validation. 6) Indicative barangay map showing the areas affected and which AD is it a

portion of; number & location of households who will directly benefit from project/s and their AD boundaries.

7) IP description on how the barangay as a whole will benefit from project; and what is the perceived impact to the AD or tribal territory as a whole.

8) IP views and opinions on the environmental and socio-cultural impact & how the project/s shall provide sustainable employment to by women with dependent children, unemployed youths & poor farmers that need to increase family income;

9) Draft customary decision-making or consensus building process adhered to by the IP community.

10) Sources of water for domestic and agricultural purposes. When is water supply most abundant? What are the IP community’s views and opinions on reasons for inadequate supply during certain period such as dry season. What is happening within the community when water supply for domestic and agricultural use is inadequate? What traditional practices to protect your source of water does the IP community still observe? What about forest fires? What traditional practices were observed to prevent forest fires or to prevent it from spreading? What sanctions does the IP community enforce for violation of community laws protecting their forests and the source of water?

11) Get data on the importance of self-delineation and the formal recognition of Als as seen by the community

12) Do you know if you have an ADSDPP? Will your list of projects become part of your ADSDPP that you will make in the future?

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APPENDIX D-1: FPIC ACTIVITIES AT THE PPIP PLANNING PROPER

FACILITATING CONSENUS BUILDING/FREEDOM PERIOD AND DECISION-MAKING: FPIC MANDATORY ACTIVITIES AT THE PPIP PLANNING

PROPER Assumptions:

1) The substantial participation and primary role of NCIP in the PPIP activities being organized by the NGO partners under CHARM2 Project is ensure that the IP community gives their FPIC as required by law.

2) The IPs informed of CHARM2 Project Components at the orientation barangay assembly.

3) Draft customary decision-making and consensus building process adhered to by the IP community was integrated at the PPIP Data Generation and Analysis Activities and submitted to concerned CDO at the NCIP Community Service Center before schedule of Planning Proper.

4) The PPIP Planning proper scheduled for two days. 5) To maximize resources, the NCIP staff may facilitate the two FPIC

mandatory activities in one of the scheduled PPIP planning proper as recommended below.

Activity: PPIP Planning Proper.

The NCIP staff facilitates the second and third FPIC mandatory Consensus Building/Freedom Period and Decision-Making Activities. Objectives: At the end of the consensus building/freedom period and decision-making conducted at the PPIP planning proper, the IP community achieved below results: 1) IP community articulated the importance of consenus building/freedom period relative to the FPIC process such as: -Decision-making by consensus – allows the barangay/community elders/leaders and the representatives residents to freely express their views and opinions on possible projects that the community can engage in partnership with the NCIP, DA, NGO and the LGU. -Decision making facilitates collective agreement and unity. 2) IP community validated draft customary decision-making and consensus building process adhered to by the community; 3) IP community made a list of their priority investment projects that meet criteria of CHARM2 Project components and related their list of projects to the exercise of their rights and responsibilities.

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Examples: a) Survey & Titling of As/AD – Right to Ancestral Lands and Domains b) Delineation and Protection of Watershed Areas – Responsibility of IP community to their AD c) Irrigation Project – Social Justice and Human Rights (Delivery of basic services) d) Documentation of Customary Laws and Indigenous Systems of Protecting Communal Forests and Natural Springs (Watershed Areas) – Right to self-governance and empowerment. e) Others. 4) IP community (barangay assembly) clarified that a Memorandum of Agreement (MOA) shall be done after a project is approved for funding. 5) IP community authorized at least three (3) elders/leaders from among their list to sign/or thumb mark the MOA on behalf of the barangay.

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APPENDIX E: HOW TO DOCUMENT IKSPs

HOW TO DOCUMENT INDIGENOUS KNOWLEDGE SYTEMS AND PRACTICES (IKSPs) WITH FOCUS ON THE DOCUMENTATION OF

CUSTOMARY DECISION MAKING AND/OR CONSENSUS BUILDING PROCESS ADHERED TO BY AN IP COMMUNIY AND/OR TRIBE

By Florence G. Umaming, MSW

(This essay was prepared for author’s private discernment and files and is being shared to enrich the NCIP-CAR CHARM2 Project Implementation Manual and addressed on subject. Brief quotes lifted are allowed by simply acknowledging

author).

The process of documentation of indigenous knowledge systems and practices (IKSPs) is to put to writing age-old indigenous peoples’ and or a particular tribe’s practices, belief systems, traditions, customs and ways of doing things to writing. The IPs’ IKSPs form part of their community intellectual property rights and the documenter is required to secure the free prior informed consent (FPIC) of the concerned IP community/or tribe.

In recent times, there is growing interest in the documentation of IKSPs

seen as sustainable. While the research and documentation of IKSPs which are the IP communities’ community intellectual rights are subject to FPIC, the rule of law remains wanting. My private discernment of how to document IKSPs hopefully contributes towards the development of ethical standards in the conduct of research and documentation of IKSPs.

There are things that the documenter needs to be clear of; the ecosystem

world view of the indigenous peoples; which is his deep belief of the interconnection of the people, spirit world (Kabunian/or Creator, ancestral spirits and other unseen creatures) and the ili (AD, bogis, land and other natural resources which are the habitat of the unseen creatures).

While our ancestors have resisted colonization and asserted their laws, many of the present generation of researchers and documenters have entered the western influenced public school system from Sunday school to the premium University of the Philippines if not at a university in the United States. Having entered the western world there are many things that we need to unlearn to enable us to produce faithful documentation of our indigenous knowledge systems and practices (IKSPs).

Wherever possible, it is best to use local terms in the documentation of

IKSPs. More recently, I read an early education teacher’s documentation of a children’s story, a project on indigenization, with this opening statement. ‘Many, many years ago when our fore fathers were barbarians they were engaged in tribal wars, etc.’ My initial response was that the story’s opening statement is humorous. Seriously, however, the term forefathers is not gender friendly, we now use the generic term ‘ancestors.’ The word ‘barbarians’ is an English term and obviously one of those discriminating labels use by outsiders to describe IPs.

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The alternative to presenting above situation is, describe the times or period, thus. ‘Many, many years ago when our ancestors were engaged in tribal wars caused by ….’

The use of formal interviews as a research instrument may not be appropriate as we gather oral testimonies from our elders. As I have emphasized at the IPRB-CO training workshops, what one needs to learn is how to engage with our elders in purposive conversations, story telling and observation and where possible to be a participant-observer of the practice/system you want to document.

Below are steps the documenter can do to prepare for that important engagement of purposive conversation, story telling, observation and participant-observer:

1. Be clear of your objective: foremost is to be a good listener. 2. Respect the source or key informant. He may not know how to read and

write but he/she has a PhD in tribal life ways clearly etched on his/her forehead. Be relaxed and enjoy the conversation and the story telling. It usually comes out giving you more fun than reading that high school/or college textbook.

3. Connect the elder’s story or testimony to the IPs’ ecosystem worldview.

This purposive conversation, story telling or participant-observation is an encounter with ancestral spirits with Kabunian and other unseen creatures that live in the forests, the ili’s periphery, in the natural springs, the rivers, etc.

4. Remember and respect the fact that your elder may find your interest to

put to writing what he/she is narrating a strange and unfamiliar experience.

Documentation of customary decision-making and/or consensus building process:

The customary decision-making and/or consensus building process as practiced by elders/leaders in the Cordillera are deeply rooted to their responsibility to sustain age-old assertion to protect ancestral domains (ili or bogis) and/or territories. Our elders and leaders practice and use consensus decision making in arriving at the resolution of conflicts between individuals and tribes over land and resource rights; and when they mete appropriate sanctions to violations of customary laws protecting such rights. It is recognized that IP communities have since time immemorial been making decisions by consensus.

The above context puts the consensus building process within the

framework of peace building, unity and respect for human worth and dignity and their partnership with the spirit world in the process of discernment for the common good or the community’s welfare. In most cases, the elders’ ecosystem conscience influences his/her objection to a project in particular, one that he/she views as destructive of the ancestral domain and/or the environment.

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Before listening to an elder’s story and/or oral testimony through purposive conversations, story telling, as participant-observer and or facilitating focus group discussion (FGD) with elder/leaders, the documenter needs to be clear of the following:

1) The documentation of age-old practices takes time, patience and done with respect to the elders/leaders efforts to recall practices eroded by external influence.

2) An example to demonstrate the erosion of the role of elders/leaders in the

resolution of land rights conflict in some IP communities is the establishment of ‘Lupon Tagapamayapa’ at all barangay levels.

3) The Department of Interior and Local Government (DILG) following the

Local Government Code formed the ‘Lupon Tagapamayapa’ without consideration of existing IP community’s socio-political structures or age-old systems of self-governance and consensus building process carried out within the context of peace building.

4) The ‘generation gap’ problem. The documenter needs to be aware of

her/his western influenced socialization and education that taught her/him western influenced decision-making such as parliamentary procedures, majority rule; balloting, voting and Robert Rules of Conduct.

5) The use of majority rule or the counting of votes is an imposition of an alien system to our elders/leaders and its use may unwittingly marginalize their genuine participation. The current claim is that IP communities ‘have changed’ and no longer practice consensus building process, an unfortunate view that often comes from community leaders who went through a western influenced formal education.

6) This claim is unfair and the view needs to be unlearned because it is not

facilitative towards the recognition, promotion and protection of IPs’ rights.

7) The IPRA was passed to correct historical injustice, provided the use of IP community’s customary decision-making or consensus building process. The NCIP’s role is to strengthen, support and to facilitate the faithful documentation of the ICCs/IPs indigenous knowledge systems and practices (IKSPs) in context of their ecosystem worldview and conscience.

8) One such IKSP is the IPs’ customary decision-making or consensus

building process adhered to by the community, covered in the provision of primacy of customary laws. As the customary decision-making and consensus building process refer to age-old practice of the careful and considerate unfolding of opinions and views of elders/leaders before a call for collective or community action the documentation of this process and careful consideration of the IPs ecosystem context and conscience is very important.

9) Required in the free, prior and informed consent (FPIC) process, the

careful documentation of customary decision-making and/or consensus-building process is critical. It is what the IP community must observe when

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they give their FPIC to specific development interventions within their ancestral domains and lands. If from the IPs view, land is life itself, then, the documentation of their consensus building process is a serious business. The context of documentation is respect for human rights and NCIP has a big responsibility to support, strengthen and facilitate the documentation of consensus-building process as this result in protecting life itself.

10) Carelessness in the documentation of IP community’s customary decision-

making or consensus building process for use in obtaining the community’s FPIC may subject the AD owners to a majority rule, a process that often result in community divisiveness and marginalization the traditional protectors of ancestral domains and/or territories.

11) The term used after a community arrives at a consensus among the

Northern Kankana-ey of Sagada, Besao, Bauko and Tadian is ‘ma-og nan umili.’ This refers to collective and/or community support for the elders’ decision. In recent times, the change has been to conduct a community assembly and to deliberate openly the pros and cons to either accept or reject a development intervention within their domain. The community’s consensus is the rule not the rule of the majority.

12) How is community consensus arrived at? After opinions and views have

been openly discussed, an elder/leader summarizes what was taken at the consultative community assembly, then, asks for any disagreement of his synthesis. If no one disagrees, the elder announces that the community arrived at a consensus. To protect the integrity of the free prior informed consent (FPIC), the NCIP Guidelines on FPIC of 2006 provide for a Consensus Building and Freedom Period. This process allows the elders/leaders to consult among them employing their consensus building process free of external manipulation and coercion. The elder/leader calls for collective and/or community action/support for the consensus by announcing ‘et ay ma-og tako ay umili,’ securing community support. In general, the community’s response is to support the elder’s call for collective position and action.

fgu 18 February 2009 Baguio City

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Appendix F: IEC-INTEGRATING FPIC TO THE PPIP IEC OUTLINE INTEGRATING MANDATORY FBI/FPIC ACTIVTIES TO THE PPIP PROCESS IN PARTNERSHIP WITH THE NGO ACTIVITY: CONSULTATIVE COMMUNITY ASSEMBLY=PPIP ORIENTATION BARANGAY ASSEMBLY OBJECTIVE: IP community informed of their rights and responsibilities with focus on the need to integrate the mandatory FBI/ FPIC activities in the PPIP Process Materials Needed: IEC Outline, includes Figure 4, Integration of FBI/FPIC Mandatory Activities to the PPIP Process THE FOUR RIGHTS OF ICCs/IPs:

Right to Ancestral Lands/Domains • Native Title, • Primacy of Customary Laws, • Principle of Self-Delineation in the Survey & Titling of Ancestral

Lands and Ancestral Domains • Right to regulate entry of migrants

Right to Self-Governance and Empowerment

• Recognition and support to traditional socio-cultural and political structures of governance

• Support for use of cooperative traditional systems and practices Use of

Social Justice and Human Rights

• Equitable delivery of basic services • Access to basic services for women and children • Gender-balance engagement and participation in project planning,

implementation, monitoring and evaluation.

Right to Cultural Integrity • Integration of IKSPs in the public school system curriculum • Respect for the IPs’ view of their AD as an ecosystem (intimate

relationship/partnership of the people, the spirit world (ancestral spirits, unseen creatures that live in the natural resources found within the AD) and the whole AD and the environment.

• Belief systems and practices as expressions of being backward, of paganism and superstition but as manifestations of IPs spirituality.

What is the meaning of FPIC? Mandatory FBI/FPIC Activities: Consultative Community Assembly Consensus Building and Freedom Period Decision-making

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Context: IPRA was passed to correct historical injustice where development projects, programs and activities have been introduced within ancestral domains and to IP communities that were often found prejudicial to their best interest or general welfare.

IPRA provides that before plans, projects and development activities are introduced to IP communities, the community through a consultative assembly (CCA) like this orientation barangay assembly must first give their consent free of coercion FPIC without their free prior and informed consent (FPIC) were r, development

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APPENDIX F-1: RESOLUTION OF CONSENT-PIP

RESOLUTION OF CONSENT ON PIP WHEREAS, we the IP community in the Barangay of _________, ___________, CHARMP2 covered in the municipality of ___________________ have freely participated, without external manipulation, interference and coercion in the Participatory Project Investment Planning (PPIP) activities held on different dates; WHEREAS, CHARMP2 goal is poverty reduction and improved quality of rural highland indigenous peoples’ communities in CAR; WHEREAS, CHARMP2 purposes are: increased farm family income of the rural poor in target areas; improved land tenure security; and conserved and improved highland forests and watersheds based on sustainable practices; WHEREAS, at the barangay assemblies the PPIP activities observed the following:

1) That we, the IP community of Barangay ___________________ as represented by the elders, youth, farmers, and women were fully informed at the Orientation barangay assembly by CHARM2 Project component officers of the impact of the projects, actual number of households who will benefit, the maximum costs, the sources of funds, the duration of partnership and our responsibilities in the planning, implementation, monitoring and evaluation of projects;

2) That at the barangay assembly orientation held on __________ we were informed by the NCIP representative of our IP rights and our responsibilities to our ancestral domains and lands and the mandatory free prior and informed consent (FPIC) activities integrated into the PPIP process;

3) That at the PPIP planning proper barangay) assembly held on _____________ we validated for authenticity and legitimacy the list of our barangay elders/leaders and the customary decision-making and consensus building process adhered to by our community (attach list of elders/leaders & documentation of consensus building process adhered to by IP community);

4) That at the PIP Validation barangay held on _______________ below is the list of our priority investment projects we decided to engage in:

a)

b)

c)

d)

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5) That we have authorized as our barangay representatives below list of our Elders and leaders to sign/thumb mark the Memorandum of Agreement (MOA) or any document relative to CHARMP2 approved investment project;

a)

b)

c)

6) That we have the right to change any of the above named authorized representatives because of failure to recognize and protect our best interests as a community;

7) That we are clear that the identified investment projects shall form part of our Barangay Development Plan and the ADSDPP that we may formulate in the future.

RESOLVED, AS IT IS, HEREBY RESOLVED, that upon approval of funding for any of the above identified projects and following the FPIC process, a MOA be prepared governing project implementation, management and partner responsibilities;

RESOLVED, FURTHERMORE, that the MOA shall include below terms and onditions:

1) That all concerned agencies shall promote and protect the rights of the IPs as provided by law and shall see our community as its primary partner to implement CHARMP2 programs and projects in consonance with IP development perspective of rights-based; culture sensitive, transparency, community driven in the spirit of freedom; self-governance and self-reliance;

2) That all partner organizations and groups shall recognize our traditional leadership system; Indigenous Knowledge Systems and Practices (IKSPs); cultural integrity; and rights to self-determination and identity of the ICCs/IPs in all CHARMP2 processes;

3) That all earth moving; extractive activities and research and documentation activities shall be subject to the regular FPIC process as provided in the FPIC Guidelines of 2006.

4) That all agencies involved shall recognize and respect the visitorial responsibility of the NCIP as provided in R.A. 8371; and

5) That the NCIP may exercise its injunctive powers upon written complaint of any member of the affected community to enjoin the conduct of

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continued implementation of the program, project, plan or activity in order to safeguard the rights and interests of the community.

RESOLVED FURTHERMORE, that after the signing of a MOA governing the terms and conditions for partnership and project management that the NCIP issue the Certification Precondition as required under Free and Prior Informed Consent (FPIC); RESOLVED FINALLY, to furnish the concerned agencies for their information and guidance. Done this ___ day of _______ 2010 at ___________, ____________, ____________. Names of Elders/leaders Contact Number/or

Address Signature/Thumb Mark

1. 2. 3. 4. Witnesses: Names of Barangay

Residents

Contact Number/or

Address

Signature/Thumb

Mark

1.

2.

3.

4.

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APPENDIX G: IP ADSDPP VERSION FORMULATION GUIDE

IP ADSDPP Version Formulation Guide What is the IP ADSDPP Version? The IP ADSDPP Version is a compilation of records on the results of critical activities conducted with the community written in the IPs language/or dialect which responsible group (IPO and/or CWG) keeps for access and use of the community & their partners). What is the purpose of IP ADSDPP Version?

1. Ready access and use of IPs. 2. Basic reference for the formulation of the ADSDPP technical Version.

Minimum Data & Information in IP ADSDPP Version

1) Community Map 2) Record & documentation of IEC to include the following:

2.1. Objectives of IEC. IEC are continuing empowerment and capacity building (training) activities aimed at the information and education of the IPs on their rights & related laws & documents to help them towards facilitating their access to and use of information to help them identify & solve/or meet their community problems and needs and equipping them with the capacities to carry out their responsibilities following customary laws as well as other environment laws & instruments in the sustainable development and protection of their ADs. Only when IPs are well informed and educated of their rights & responsibilities can they freely enjoy and fully exercise their rights.

2.2. Boundaries of AD (who drew the map and who identified the boundaries); boundary status (where boundary conflict exist; history, past efforts carried out to resolve to conflict; records of agreements with neighbor communities on the resolution of conflicts, etc).

2.3. Identified community problems & needs & community’s analysis of such.

2.4. List of projects and programs towards resolution of community problem and/or need.

3) Community policies & mechanisms for ADSDPP implementation, monitoring & evaluation: Include among others below policies; 3.1. All AD residents may access/use ADSDPP for further planning,

implementation & evaluation of identified programs & projects 3.2. Clear statements on how the community plans to implement, monitor

& evaluate the ADSDPP’s progress. 3.3. Identified and described programs/projects subject to specific

mandatory FPIC activity. 3.4. Identified programs & projects where the signing of a MOA with

partners shall suffice in the planning, development & implementation of such.

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Part I Problem Identification & Analysis Identified Problem/or Need

How long the community problem/need existed?

Briefly describe what is happening in the community because of unresolved problem/or unmet need?

Briefly describe past efforts/actions done to resolve/or meet problem and who initiated & participated towards the resolution of problem or meeting of need?

Part II Action Planning Identified Problem/ or Need

Projects/or programs to resolve problem/or meet need

Activities to be conducted

Target Year

List of Individuals/ or Groups Responsible

Government line agency/or NGO partners

Part III Resource Identification

Identified Problem/or

need

Identified Projects/or Programs

Resources Required Group

responsibleBudgetary

RequirementTechnical Assistance Required

Please note: 1. Documentation of results of a Community Problem Solving Training

Workshops/or activities shall be filed as part of the IP ADSDPP Version. Creative planning of IEC activities result to making of community maps; the identification; analysis and prioritization of community problems/needs; discussion of existing traditional cooperative systems in the protection of their “ili” or AD; etc.

2. Community counterpart - Programs, projects & activities that do not require outside funding/or support maybe implemented as soon as possible and their completion reflected as community counterpart.

3. How to cost community counterpart? Time contributed to the project shall be given monetary value based on current daily wage for services/or labor rendered within the AD/or community. Example: If daily wage for field labor is P150 a day or about P18 per hour.

Community counterpart is reported as in-kind cost. Packed lunch/or snacks may also be valued in-kind and as community counterpart.

Participants may also be referred to as community volunteers using local terms on cooperative work.

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APPENDIX H: PROCEDURE TO SECURE FPIC a) Who shall give the FPIC? The ICCs/IPs whose FPIC is required to be

secured shall depend upon the area affected. Likewise the following shall be considered in determining who shall give the FPIC: a) When the area affected covers the entire ancestral domain, the

consent of the concerned ICCs/IPs within the AD shall be secured; b) When the area affected covers only a portion of the ancestral

domain, only the ICCs/IPs in such portion shall be involved in the FPIC process;

c) When the area affected covers two or more ancestral domains, the ICCs/IPs in each domain shall be separately involved in the FPIC process;

d) When the area affected covers an ancestral domain and an adjacent ancestral land, the latter shall be separately involved in the FPIC process;

e) When the area affected covers ancestral domains situated in two or more regions, the affected ICCs/IPs shall be involved in the FPIC process. In case of consent, a MOA shall be executed for each ancestral domain affected unless the ICCs/IPs agree to a joint MOA; and

f) When the area affected covers an ancestral domain situated in two or more barangays, the assemblies required may be conducted jointly or separately. The Field Based Investigation (FBI) Team, in consultation with elders/leaders, shall recommend to the FPIC Team whether to conduct separate or joint assemblies.

b) Determination of Area Affected. The Field Based Investigation (FBI)

Team shall determine the area affected taking into consideration the following criteria:

a) The impact area as defined by the concerned regulating agency; b) The impact area applied to plans, programs, projects or activities; c) The project documents, operation plan, and the indicative map

submitted by the applicant/proponent; d) The extent of coverage of both the area affected and the members

of the community to determine those who shall give consent; e) Seek the opinions/views of elders/leaders as initially identified by

the AD representative; and f) The IP community’s customs, traditions and practices relative to the

acceptability of the project.

II. FIELD-BASED INVESTIGATION (FBI)

1. Constitution and Composition of the Field-Based Investigation (FBI) Team (Section 12, Part IV, FPIC Guidelines).

The FBI Team exists at each province and consists of at least three (3) members; two of whom come from the Provincial Office and one (1) from the CSC concerned, without prejudice to the formation of

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additional teams and/or substitution of member/s should the need arises

2. Duties and Functions of the FBI Team

(Section 13, Part IV, FPIC Guidelines) a) Gathered all available data and information needed for the Pre-FBI

conference (initial determination and approximation of affected area);

b) Attend scheduled Pre-FBI conference to be presided by the Provincial Officer;

c) Notify the schedule of the conduct of FBI & request for the attendance of the ancestral domain area representatives. The notice shall contain the date, venue and time of the meeting and the information that food and transportation of the attendees will be provided;

d) Formally notify in writing the concerned LGUs & the Provincial Consultative Body or Provincial Federation of IPOs of the conduct of FBI;

e) Conduct of the FBI and confer with the ancestral domain area representatives for the purpose of : e.1. Determine the nature and extent of the plan, program, project

or activity, the area affected and the number of ICCs/IPs affected;

e.2. Listing of elders/leaders with ancestral domain area representatives as key informants;

e.3. On site preparation of the Work & Financial Plan (WFP) needed for the conduct of the FPIC to be co-signed by ancestral domain area representatives in attendance during the conduct of the FBI. This WFP shall be reviewed and finalized during the Pre-FPIC Conference;

f) Prepare & submit FBI Report to the Regional Director duly noted by the concerned Provincial Officer, copy furnished the Ancestral Domains Office, the concerned Ethnographic Commissioner, and the concerned applicant; and

g) Observe established and applicable accounting and auditing rules and regulations.

3. Pre-FBI Conference: Below is a list of matters to be taken at the pre-FBI Conference:

a) Introduction and orientation on the requirements of the FBI process; b) Introduction of the applicant/proponent, proof of legal capacity and

the proposed project; c) Production of additional project documents when necessary; d) Initial determination and approximation of the area affected; e) Agreement on the cost of the FBI computed by the Head of the FBI

team based on the following:

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e.1. Food, lodging and transportation expenses of FBI Team members;

e.2. Food, lodging and transportation of the FBI team for the duration of the actual conduct of the FBI;

e.3. Documentation of the FBI activity (photo and/or video, cassette recording and development, reproduction of documents);

e.4. Food and transportation of AD area representatives attending the meeting. Cost of travel expenses of the Provincial FBI Team to attend the one day Pre-FPIC Conference at the Regional Office.

f) Commencement and termination of the FBI process (Sec.18, Part

IV, of FPIC Guidelines). FBI shall commence and end within 10 days following below schedule: f.1. Start after five (5) days from payment of FBI fee; f.2. Concerned officer to immediately notify the Regional Director

of such payment; f.3. Simultaneously inform the IP community representatives of

FBI schedule; when it shall start and end; f.4. 10th day designated as Pre-FPIC Conference when FPIC is

indicated; f.5. Inform the Regional Director of the need to conduct FPIC; and f.6. Formation of the FPIC Team by the Regional Director.

g) Additional matters agreed upon at the start of the Pre-FBI

Conference.

4. The Field-Based Investigation Report: The FBI report shall contain the following:

a) Narrative of the FBI signed by all members of the Team containing below Information:

1. Inclusive dates when the FBI was conducted; 2. Names & designation of members of the FBI Team; 3. Specific names of places actually visited; 4. Names of persons interviewed, indicating their positions in the

community; 5. Latest official barangay or municipal census record, or in their

absence, other available listings; 6. Views and opinions of elders on what should cover the area

affected as to the approximate number of IP households within the area affected (Section 11 (a) Part III, FPIC Guidelines);

7. Initial documentation of concerned ICCs/IPs decision-making/consensus building process (Section 25, Part V, FPIC Guidelines); and

8. Recommendations needed for the conduct of the FPIC proceedings.

b) List of elders/leaders of the affected community;

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c) Copy of the latest official barangay or municipal census record indicating the IP population in the affected area, and /or other available listings;

d) Indicative map showing the extent of overlap and the names of sitios and barangays affected;

e) Highlights of discussions and attendance sheet signed/thumbed marked by the IP elders/leaders; and

f) Computation of cost required for the conduct of FPIC proceedings.

5. Pre-FPIC Conference. During the Pre-FPIC conference the following shall be accomplished:

a) Briefing on the project and the results of the FBI; b) Presentation of the WFP for the conduct of the FPIC process; c) Briefing on the FPIC process, protocols, and the prohibited acts; d) Setting the schedules, tasking, and payment of FPIC cost; e) Preparation of Work Order; f) The cost for the payment of the board premium of accountable

officers which shall be included in the WFP to be paid by the applicant;

g) Subsequent submission by the applicant/proponent of an undertaking, written in a language spoken and understood by the community concerned, that it shall commit itself to full disclosure of records and information relevant to the plan, program, project or activity, that would allow the community full access to records, documents, material information and facilities pertinent to the same;

h) Subsequent submission by the applicant/proponent of an Environmental and Socio-cultural Impact Statement, detailing all the possible impact of the plan, program, project or activity upon the ecological, economic, social and cultural aspect of the community as a whole. Such document shall clearly indicate how adverse effects may be avoided, mitigated and/or addressed; and

i) Other related matters.

6. CERTIFICATION PRECONDITION

IPRA provides that all departments and other government agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. The primacy of cultural integrity shall assume an important consideration for the issuance of the Certification Precondition (CP) as a pre-requisite to the introduction, implementation or operation of plans, programs, projects or activities in ADs/ALs to ensure that the culture and traditions of concerned ICCs/IPs are recognized and respected in the process and their well-being promoted;

Such certification shall only be issued after a field-based

investigation (FBI) is conducted. Provided that no certificate shall be

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issued by the NCIP without the free and prior informed and written consent of ICCs/IPs concerned. Provided, further, That no department, government agency or government-owned or-controlled corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for CADT. Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in accordance to this Act, any project that has not satisfied the requirement of the FBI/FPIC processes (Section 59, Chapter VIII, IPRA).

I. PROCEDURES FOR APPLICATION FOR CERTIFICATION

PRECONDITION: a) Applicant directly files application for lease, license, permit,

agreement and or concession to implement, operate or undertake plans, programs, projects or activities in ancestral domains with the concerned government regulatory agency which shall then endorse it to the appropriate NCIP Regional Office for compliance.

b) Applicant files directly with the NCIP Regional Office having jurisdiction over the area where the project shall be implemented for plans, projects, programs or activities that do not require a permit, license or agreement from any government agency.

II. DOCUMENTS REQUIRED BY NCIP TO PROCESS THE

APPLICATION FOR CERTIFICATION PRECONDITION: 1) For applications endorsed by concerned or appropriate regulatory

agency documents include the following: a) Project profile which shall include; the name and principal

business address of the applicant, the contact person, nature & purpose of project, location/indicative map including the name of sitios and/or barangays covered by the project, its impact area and the duration of the project.

b) Operation Plan and project activities as required by the endorsing agency; and

c) Other relevant data/documents.

2) For direct application for certification precondition to NCIP, below is a list of documents that should be submitted: a) Abstract of the project which, among others, enumerates socio-

cultural and economic advantages/disadvantages to the ICCs/IPs;

b) Location/indicative map of the affected area; and

In both cases, the FBI team may require additional documents from the applicant. For juridical entities, proof of their juridical personality is required.

III. IMMEDIATE ACTIONS TO CERTIFICATION PRECONDITION

APPLICATION - BELOW ARE IMMEDIATE ACTIONS ON CP APPLICATION:

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a) Regional Director shall immediately cause the Provincial Office concerned to hold a Pre-FBI Conference;

b) FBI Team to determine & report to the Regional Director whether project affects a known AD area;

c) If no AD is affected, the Regional Director issues to the applicant a Certificate of Non-Overlap (CNO) coupled with a signed undertaking that the applicant/proponent agrees to the conduct of FBI/FPIC requirement should it be found later that there is, in fact an overlap in whole or in part of any AD/AL, a copy of which shall be furnished to ADO, and the concerned Provincial Officer or Community Development Officer as the case may be; and

d) If an AD is affected, the Regional Director notifies the applicant/proponent for the conduct of a Pre-FBI Conference either at the specified Provincial Office or at the Service Center, as the case may be.

A. Constitution and Composition of FPIC Team:

The FPIC Team shall be composed of not more than six (6) members

designated by the Regional Director from the Provincial and/or Service Center personnel which must include whenever feasible, the Provincial Legal Officer, one (1) Engineer from the provincial or regional office, and at least one (1) member of the FBI Team.

B. Plans, Projects, Programs or Activities Subject to the Regular FPIC

Process thru Community Consultation: (Section 6-A, Part II/Section 26, Part V, FPIC Guidelines) 1) Large-scale development, exploitation and utilization of land, water, air,

and other natural resources within ancestral domains/lands; 2) Exploration of minerals and energy resources within ancestral domains; 3) Programs, projects and activities that may lead to the displacement and/or

relocation of indigenous peoples; 4) Resettlement programs or projects by the government or any of its

instrumentalities that may introduce migrants into ancestral domains whether permanent or temporary;

5) Management of protected and environmentally critical areas, and other related joint undertakings within ancestral domains;

6) Bio-prospecting activities; 7) Industrial land use including the establishment of economic zones; 8) Large scale tourism projects; 9) Large scale agricultural and forestry management projects; and 10) Other activities analogous to the foregoing

C. Mandatory Activities under the Regular FPIC Process:

The regular FPIC process and activities shall be facilitated by the provincial-based FPIC Team composed of the provincial officers (POs) and the community development officers (CDOs) that cover the area where the project is located.

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1. .Posting of Notices & Serving of Invitations. The PO/or CSC FPIC Team shall cause the posting of notices in conspicuous places in and around the concerned ICCs/IPs community including the service of personal notices to the IP elders/leaders for a Consultative Community Assembly (CCA), specifying the date, time, venue and the agenda of the meeting.

2. Consultative Community Assembly. Below are the participants to the

CCA: a) The elders or leaders; b) The representatives of IP households/families within the area affected; c) The representatives from the proponent; and d) The representatives from development NGOs duly accredited by the

NCIP and authorized by the community

Before the CCA begins, the NCIP shall facilitate the validation of the list of elders/leaders from the affected area for authenticity and legitimacy. After the validation, the proponent will be given sufficient time in the presentation and clarification of their project proposal before said assembly. The proponent shall present the Operational Plan; the scope and extent of the proposal; the cost and benefits of the proposal; the perceived disadvantages or adverse effects to the community and their ancestral domains and the measures adopted by the proponent to mitigate these.

In the discussions to follow, the other representatives shall be given

their turn to present their views on the proposal for the appreciation of the Council of Elders/Leaders. The Council of Elders/Leaders shall decide whether another meeting is necessary to complete the process.

The elders shall also make known to the proponent and to all concerned the decision-making process adhered to or practiced by the community.

3. Consensus-Building & Freedom Period. After the termination of the CCA, the community led by their Elders/Leaders, shall proceed to consult among themselves, employing their own traditional consensus-building processes in order to further discern the merits and demerits of the proposed project as presented in the CCA and to arrive at a consensus. Except for the NCIP representatives who shall document the proceedings, non-members of the IP community are strictly enjoined from interfering with the consensus-building processes of the community.

4. Decision-Making. At the designated date, time and place, a meeting of

the applicant and the elders/leaders for the following:

Consensus Decision Making/or consensus Building Process

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a) Elders/leaders to formally convey the community’s decision of members affected by the project;

b) If consensus is favorable, the parties shall proceed to finalize the terms and Conditions of the MOA;

c) The elders/leaders designate in writing duly signed/thumb mark, who among the elders/leaders are authorized to sign/thumb mark the MOA in behalf of the community;

d) If the consensus is against the project, the elders/leaders shall submit their decision in the form of a resolution, explanation of the decision;

e) If the applicant can readily address the community’s reason for denial of consent; it may offer a counter-proposal or a new proposal;

f) The elders/leaders may require another period, if they so desire, to reconsider their Decision: Provided, however, that any such extension of the period as a Consequence of proposals and counterproposals shall not exceed fifteen days beyond the 55-day period;

5. SUBMISSION & EVALUATION OF FBI/FPIC REPORTS

6. MOA EXECUTION AND SIGNING

A. If the consensus is favorable the parties shall proceed to finalize the terms and conditions of the MOA. In above meeting, it is required from the elders/leaders to identify. The designation of at least three elders/leaders shall be in writing, duly signed/thumb marked by all the elders/leaders and participants of the Decision-Meeting.

1. Preparation of the Memorandum of Agreement (MOA): Upon CHARMP2 project/s approval.

When a project has been approved for funding by

CHARMP2, a component part to the process of securing the ICCs/IPs FPIC is the Memorandum of Agreement (MOA) to be executed between and among the representatives of the ICCs, CHARM2 Project representative, the LGU, the NCIP and any other party such as the NGO.

The MOA shall be drafted after a barangay assembly where

CHARMP2 presented the feasibility studies/or approved project proposals. At said meeting, CHARMP2 representatives shall fully disclose to the IP community the impact of the project, actual number of households who will benefit, the maximum costs, the sources of funds whether its from grants or loans and the duration of partnership. Presentations shall also cover topics on when the IP community takes full responsibility for project management, sustainability etc. This information shall become part of the terms and conditions that shall form part of the MOA. The MOA shall be drafted by the NCIP Legal Officer of the province. The first draft shall immediately be translated into the language or dialect understood by the IP community/ties concerned.

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The next meeting shall be with the barangay elders/leaders. When schedule has been set, the CDO shall inform the Regional Director of a scheduled meeting with a request for the presence of the RRT members. The review authority of the RRT shall be performed in this meeting. The translated version along with the English version shall be presented and explained to the barangay 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. To maximize the presence of the elders/leaders, the NCIP shall ensure that a notary public shall be present at time of MOA signing. Thereafter, the parties may proceed to execute the MOA as provided therein.

Should the duly authorized elders/leaders sign the MOA by

affixing only their thumb marks, an instrumental witness who is a member of the community and who knows how to read and write shall participate.

2. Contents of the Memorandum of Agreement

The MOA shall stipulate among others, the following:

a) The detailed premises of the agreement; b) All parties involved; c) Inclusive dates/duration of agreement; d) Other than what has already been granted by law, the

benefits to be derived by the host IP barangay/s indicating the type of benefits, specific project beneficiaries as to 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 IP community for project implementation following the barangay’s development framework;

f) Detailed measures to protect IP rights and value systems; g) Detailed measures to conserve/protect any affected

portion of the AD critical for watersheds, mangroves, wildlife sanctuaries, forest cover and the like;

h) Responsibilities and accountabilities of the IP community, LGU, DENR, DA-CHARM2 Project, the NGO and other partners;

i) The Monitoring and Evaluation System of the MOA, to include submission of reports and creation of monitoring teams;

j) Remedies/or Penalties for non-compliance or violation of the terms and conditions which includes applicability of customary laws and imposition of sanctions;

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k) Undertaking in writing to answer the damages which the ICCs/IPs may suffer on account of the project; and

l) Other requirements as provided in the FPIC Guideline & government regulatory agencies.

3. Signatories to the Memorandum of Agreement (MOA)

The signatories of the MOA shall be:

a) Elders/leaders who have been identified during the validation and authorized by the community to sign;

b) For authorized CHARM2 Project representatives; and c) NCIP Regional Director on behalf of the Commission.

Upon receipt of the NCIP FBI/FPIC Team, the Regional

Director shall issue a Certification Precondition.

Following above procedures, the NCIP FBI/FPIC Team participated at the minimum of two PPIP activities, first, at the orientation barangay assembly and second, in one or both of the two-scheduled planning proper barangay assembly.

4. Final Review of Memorandum of Agreement by the Legal Affairs Office.

The FPIC Guidelines provide that the MOA shall be reviewed

by the Legal Affairs Office (LAO) prior to the endorsement of the FPIC report by the ADO to the Commission. The legal advisory of the LAO shall form part of the FPIC Report of the ADO.

To facilitate the process, the Regional Director shall request

through the Ethnographic Region Commissioner for CAR that for CHARM2 Project final review of the PPIP identified projects shall be done by the RRT.

5. Complaints Related to the MOA

Any complaint involving the interpretation and

implementation of the MOA shall be filed with the appropriate NCIP Regional Hearing Office (RHO) for disposition.

6. f.) Prohibited Acts, Remedies and Sanctions

Any act 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 FPIC of IP community are therefore prohibited.

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Sanctions shall be imposed only after due notice and after the parties are given the opportunity to be heard.

Prohibited acts, remedies and sanctions shall be in

accordance to the FPIC Guidelines of 2006.

B. If the consensus is against the project, the elders/leaders will be required to submit their written decision in the form of a Resolution (Appendix E-2). They may be asked to explain the decision. If the reasons for the denial of the consent is something that the applicant can readily address or the council of elders/leaders may require another period, if they so desire, to reconsider their decision but in no case shall it exceed ten (10) days from the time of the first decision sought to be reconsidered.

D. Plans, Programs, Projects and Activities Subject to the Special FPIC Process thru the Elders/Leaders (Section 6-B, Part II, Section 27, Part V, FPIC Guidelines)

1. Small-scale exploitation & utilization of land, water & natural resources within ADs/ALs as defined under existing laws, rules & regulations of governing or regulating agencies;

2. Commercial research undertaken by government, private persons or corporations or foreign entities for the purposes intended directly or indirectly for commercial use, such as: publication, documentation, paid lectures, among others;

3. Unsolicited government projects for the delivery of socio-economic services and development including projects of charitable institutions, and civic or non-government organizations, the direct and primary beneficiary of which ICCs/IPs who own the AD, except when the same are formally coordinated with NCIP or as co-implementer in connection with the latter’s programs, projects or activities in which case, no FBI/FPIC is necessary; Provided, That the said programs or projects are validated by the NCIP to be acceptable to the intended ICC/IP beneficiaries; either because the same conform with the community’s ADSDPP or shall become part thereof in the future. If the owner-ICCs/IPs are not the primary beneficiaries of the aforementioned programs or projects, compliance with the FBI/FPIC process shall be required;

4. Activities that would affect their spiritual and religious traditions, customs and ceremonies, including ceremonial objects or access to religious and cultural ties, archaeological explorations, diggings, and excavations unless the council of elders/leaders require the conduct of the FPIC prescribes under Section 26;

5. Programs/projects/activities not requiring permits from government agencies;

6. Feasibility studies for any program, project, activity or undertaking relative to any of those enumerated in Section 6-A;

7. Research in indigenous knowledge, systems and practices related to agriculture, forestry, watershed and resource management systems and technologies, medical and scientific concerns, biodiversity, bio-prospecting and gathering of genetic resources;

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8. Occupation of military or organizing para-military forces, establishment of temporary or permanent military facilities, or military exercises within the domains, except when requested by concerned elders/leaders in writing. Military operations within ancestral domain areas when made in connection with hot pursuit operations, securing vital government installations, programs and projects against clear and imminent danger, shall not require FPIC. The cessation of hostilities and the presence or absence of clear and imminent danger shall be determined by the elders/leaders who may notify in writing the occupying military/armed force to vacate the ancestral domain; and

9. Such other activities analogous to the foregoing nature.

E. Mandatory Activities under the Special FPIC Process thru the Elders & Leaders: (Section 27, Part V, FPIC Guidelines)

1. First Meeting. Proponent presents the operation plan, scope and extent of the proposal to the elders/leaders; cost & benefits to the ICCs/IPs taking into consideration the sustainable development & protection of their AD; presentation of perceived disadvantages or adverse effects to the community and the measures adopted by the proponent to mitigate these. 2. Consensus-Building. The period which covers at least 19 days between the First and the Decision-meetings shall serve as the period for consensus-building among the members of the council of elders/leaders. It is also the period where the ICCs/IPs learn to be pro-active on some concerns that would be addressed at the Decision-Making meeting. The period for Consensus-Building shall be facilitated and documented by the PO and/or CSC-based FPIC Team. At the end of the consensus building period the ICCs/IPs shall have carried out below activities in preparation for the Decision-Meeting:

a) Described and observed the consensus-building/or customary decision-

making process of the IP Community; b) Made a list of elders/leaders; c) Chosen and designated in writing, duly signed/thumb marked, at least

three members of the list of elders/leaders authorized to sign the MOA in behalf of the community in case the project is accepted;

d) The Provincial Legal Officer helped the IP community drafted ‘terms and conditions’ that would uphold the interest and welfare of the concerned IP community (enumeration of expected socio-cultural and economic advantages & disadvantages to the ICCs/IPs);

e) Listed the obligations and responsibilities of the parties (IP community, proponent, LGU, NGO, DENR, etc.) should observe and assume to ensure the project’s sustainability;

f) Drafted either a resolution of Consent if the project is favorable or a Resolution of Non-Consent if the consensus is against the project. The Resolution of Non-Consent shall contain the reasons for denial of project.

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3. Decision-Meeting. On or before the 20th day from the date of the First meeting; the Council of elders/leaders will hold the Decision Meeting with applicant/proponent at the designated time and place. The Council of elders/leaders will formally convey their decision as a result of their consensus decision-building process.

Note: Steps 4 to 6 same as under Mandatory Activities step nos. 5 to 6.

F. Period of FPIC Mandatory Activities

For both the regular and special FPIC processes shall commence on the date that the Fee is paid in cash or deposited by the applicant/proponent in the NCIP Provincial Trust Account (PTA) and is made available to the Team in accordance with the WFP for the conduct of the FPIC. The period for the conduct of the mandatory activities under the regular FPIC process shall not exceed fifty-five (55) days and for the special FPIC process shall be done within thirty-five (35) days.

G. Non-transferability of FPIC.

The consent of the IP community for a particular proposal shall not be transferable except in cases of merger, reorganization, transfer of rights, acquisition by another entity, or joint venture, to any other party, and the same is provided in the MOA. Provided, however, that the transferee shall assume the obligations of the transferor, otherwise another FPIC will be required. The transferee may improve the terms and conditions of the MOA affording or providing greater benefits for the ICCs/IPs other than those stated in the MOA, or may propose other terms and conditions that would uphold the interest and welfare of the concerned IP community. Such change/improvement in the MOA shall bear the approval of the Commission.

It shall be the responsibility of the transferor to inform the transferee of

the existence of the MOA before the perfection of the new set-up or relation. Likewise, it shall be the duty of the transferee to inform, in writing, the ICCs/IPs concerned and the NCIP of the impending merger, reorganization, transfer, acquisition, or joint venture and shall be required to submit the necessary documents. This will not apply when it is expressly provided in the MOA that a new FPIC is required in the event of merger, reorganization, transfer of rights, and acquisition by another entity, or joint venture.

H. Exemptions to the FBI/FPIC Process and Activities

There are two conditions where plans, programs or projects are exempted from the FBI/FPIC process but need NCIP Validation (Section 6-B-3; Part II & Section 31; Part VI, FPIC Guidelines)

1. Unsolicited government projects for the delivery of socio-economic services and development including projects of charitable institutions, and civic or non-government organizations, when the same are formally coordinated with NCIP or as co-implementer in connection with the latter’s programs, projects or activities in which case, no FBI/FPIC is necessary.

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Provided that the said programs and projects are validated. (Sec. 6-B (3), Part II, FPIC Guidelines); and

2. IP community solicited & initiated projects, basic socio-economic service

activities, and other cases ( Sec. 31, 32, 33, 40, 41; Parts VI/VII, FPIC Guidelines) which shall include the following:

a) Community-Exercise of Priority Rights to Natural Resources. The

intention of the ICCs/IPs to make use of or exercise their priority rights in the harvesting, extraction, development or exploitation of any natural resources within the AD shall be formally declared, in writing, by the elders/leaders duly supported by a petition signed by the majority members of the community, which shall indicate the authenticity of the declaration. Such declaration should be for specific purposes and shall describe with particularity the area to be covered by the declaration. It shall be made known to the NCIP through any of its offices and needs a formal acknowledgement from the Commission after the same is validated by the ADO. Below processes and activities shall be accomplished by the Commission relative to above ICCs/IPs written declaration: • Acknowledges ICCs/IPs written declaration and requiring ADO to

cause the conduct of a Field Based Validation to confirm the following: a) Authenticity of the declaration; b) The existence of the plan or project; and c) The capacity of the ICCs/IPs to undertake the plan, program, project or activity.

• Formally notify the concerned agency of such declaration through a Resolution and shall ensure that said agency likewise acknowledges and respects the same. Such notice shall effectively prevent the concerned agency from entertaining any other application that would frustrate the object and purpose of the declaration.

Within six (6) months from such notice, the ICC declarant shall submit its project application to the concerned regulating agency and comply with the minimum requirements for such application; otherwise, the priority right shall be of no effect.

The NCIP Provincial Office or Service Center shall assist the concerned ICC in filing the necessary application as well as in the preparation of documents required by the regulating agency.

3. Exercise of Traditional Resource-Use Rights. Gathering, hunting and such other traditional use by members of the ICC/IP of natural resources found within their AD including gathering of rattan and other forest products for family/personal consumption and subsistence livelihood, do not require the conduct of the FPIC process, provided that the use shall be limited for the ICC/IP’s traditional use. To avoid circumvention or abuse of this provision, the NCIP shall validate such utilization upon the complaint of any member of the council of elders/leaders.

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4. Community-Initiated or Solicited Research. Research activities solicited, commissioned or conducted by the concerned ICC/IP themselves to be undertaken within or affecting the ancestral domain.

5. Academic Research and Research in Aid of Policy. The conduct of below

researches may be allowed or disallowed by the concerned community elders/leaders in accordance with their customary ways and practices.

a) Academic Researches – those conducted pursuant to a scholastic program and/or researchers required to earn a particular academic accreditation or degree.

b) Researches conducted in Aid of Policy – all researches conducted for the purpose of developing policies or programs intended for the benefit of the indigenous peoples.

c) Researches necessary to implement the mandates of the NCIP – all types of researches needed to enforce the mandates of the NCIP including, but not limited to, those involving delineation of ancestral domains, preparation of ADSDPP, documentation of customary laws.

d) Social Research and Researches on the IP’s Culture and Arts - all researches conducted for the purpose of understanding the history, social relations and dynamics of IP communities as well as those involving the IPs, Cultures and Arts. The NCIP may exercise its injunctive powers upon written complaint of

any member of the affected community to enjoin the conduct of continued implementation of the program, project, plan or activity in order to safeguard the rights and interests of the community.

I. Emergency Cases.

Where the conduct of plans, projects or activities of the government or any civic, religious, or similar organizations within Ads is in response to emergency situations involving public order, health, security or safety, FPIC shall not be required

J. Regulation of Entry of Migrants and other Entities.

Entry of migrants and other entities for purposes of establishing a resettlement, or for any of the activities identified in earlier paragraphs of this PIM (Sections 6-A & 6-B of the FPIC Guidelines) require the conduct of FPIC. For purposes of conducting activities not falling under referred paragraphs, rejection or approval by the community shall be in accordance with their customs, traditions and practices.

K. FPIC of Displaced ICCs/IPs Resettled/Relocated or within Public Domains.

ICCs/IPs who have been displaced; and resettled/relocated within

public domains can exercise their right to FPIC. (Section 37, Part VI, FPIC Guidelines) Under section 7-c & d, Chapter III of IPRA, shall be provided with lands of quality and legal status at least equal to that land previously occupied by them and suitable to provide for their present needs and future development; hence the said ICCs/IPs occupying portions of public domains,

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who were resettled or relocated as a result of displacement by the government, shall not be treated as migrants and can likewise exercise their right to FPIC.

L. FPIC Rights of resettled, displaced and Relocated IPs as well as Migrant

IPs Living in Co-existence with the Original IPs within the Domain.

The right to FPIC will depend on the custom, practice or tradition of the owners of the AD allowing or disallowing the exercise of FPIC. Whether allowed or not allowed by the owners of the AD to participate in the FPIC proceedings, they shall likewise be entitled to the benefits by virtue of the MOA and to compensation for damages, loss or injury to them of their properties. The obligation to compensate shall be recognized in writing, by the applicant/proponent, as an integral part of the MOA.

M. Small Scale Quarrying approved by Local Government Units (LGUs).

The certification precondition for small- scale quarries, covering five (5) hectares or less, whose permits are covered by LGUs, shall be issued by the concerned Regional Director with the concurrence of the concerned ethnographic Commissioner. The Environmental Impact Assessment (EIA) and the Environment Clearance Certificate (ECC) shall be secured from the Provincial Environment Office or the DENR.

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APPENDIX I: IPRB-CO THE INDIGENOUS PEOPLES RIGHTS-BASED COMMUNITY

ORGANIZATION (IPRB-CO): NCIP-CAR’s METHOD OF CHOICE TO IMPLEMENT ITS MANDATE

After a series of paralegal training workshops in 2009, development

lawyer, Alfonso Aroco recommended to the NCIP-CAR administration to tap a professionally trained social worker and a gender and indigenous peoples rights-based community organization (IPRB-CO) specialist for appropriate follow-up training activities.

From the assessment of administration, there is a need to equip the NCIP staff, both field and technical with an appropriate scientific method towards building their capacities to be more result/or outcome oriented in their work and to help the regional administration plan for a rationalize system of disbursement of funds that supports transparency and accountability.

Subsequently, the region sponsored a series of training workshops in indigenous peoples’ rights-based community organization (IPRB-CO). From the IPRB-CO perspective, IPRA is an environmental law and its implementation the task of everyone living within the Cordillera Administrative Region (CAR) through genuine partnerships.

A. DEFINITION OF INDIGENOUS PEOPLES RIGHTS-BASED COMMUNITY ORGANIZATION (IPRB-CO)

For our purpose, the definition of IPRB-CO is: a holistic, gender-balance participatory community problem solving, a conscientization, an empowerment and a social mobilization method and process of strengthening and building IP communities capacities to freely enjoy and fully exercise their rights and to comply with their responsibilities. 1. IPRB-CO as a Community Problem Solving Process

The IPRB-CO as a community problem solving process (also a planning process) refers to the conscious, voluntary and collective identification of needs, problems and issues that prevent the IPs’ free enjoyment and full exercise of their rights as peoples and the formulation of plans (ADSDPPs) aimed at meeting such needs and solving the problems and issues. Below are steps of community problem solving:

a) Problem/or Need Identification – listing of needs and problems. b) Needs Assessment/or Problem Analysis-objective analysis of

problems and needs. c) Priority Setting-ranking of problems d) Formulation of Action Plans & Alternatives - objective setting;

tasking; scheduling; allocation of resources; assigning responsibilities & listing of expected results or outcomes.

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e) Implementation of Plan of Action – formation of task groups &/or ad hoc committees

f) Monitoring & Evaluation of Action Plan – assessment of progress; group reflection and action; reports (oral & written)

2. IPRB-CO as a Social Mobilization Process

Involves conscious planned actions and processes to reach, influence, and involve equitable and gender sensitive representation of all sectors at the community level up to the national and international level (MDG # 8) towards the creation of an enabling environment to result tin positive behavior and social change.

Depending on the NCIP staff’s facilitative skills, community

needs and problems may have been identified when she made contacts with the formal and community leaders and some community residents, at the start of her IPRB-CO work, thus, at the municipal-level IEC, the Community Problem Solving FGD may proceed to do problem analysis.

3. IPRB-CO as a Conscientization Process

For our use, conscientization refers to the process of facilitating the raising of critical consciousness on the realities of environmental and socio-economic poverty. Consistent with our peoples’ ecosystem worldview, these two issues need to be addressed in the ADSDPP formulation.

4. IPRB-CO as an Empowerment Process

Empowerment comes from the root word power. Power means control. In the context of the IPRB-CO, the tools for empowerment of IP communities provided by IPRA are their bundle of rights; primacy of customary laws; native title; self-delineation; the FPIC; the ADSDPP formulation; and the formation of indigenous peoples organizations (IPOs) or native corporations. The goals of IPRB-CO emerge from the process of building IP community’s capacities to take control of their resources to serve their best interest. Thus, an IPO is rights-oriented and concerned with community empowerment.

The IPRB-CO facilitator needs to keep in mind the elements of

empowerment which are: inclusion & participation; equitable representation of sectors, barangays & development of each sector’s particularly the women & youth to freely & openly share their ideas and opinions; access to and use of information; accountability & transparency, local capacities. .

The access to information supported by building the IP

community’s capacity to use the information. On the element of local capacities, the need to create opportunities for hands-on experience or

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experiential learning integrated with reflection-action activities need emphasis.

B. IPRBO-CO VISION, MISSION, GOALS AND STRATEGIES

IPRB-CO Vision: IPs Free enjoyment and full exercise of ICCs/IPs rights within and outside their ancestral domains and adherence to the democratic principle that men and women are equal.

IPRB-CO Mission: ICCs/IPs empowerment towards self-determined strengthening of their socio-political, cultural assets, institutions and values.

IPRB-CO Goals: a) Formulation of ICCs/IPs ADSDPPs (community driven/or self-

determined rights-based planning, implementation, monitoring and evaluation to meet identified community problems and development needs that are blocking the free enjoyment & full exercise of ICCs/IPs rights);

b) Survey & Titling of their ADs/ALs (formal recognition of AD/ALs as option to native title, primacy of customary laws; right to self-delineation);

c) Formation of rights-oriented IPOs/or native corporations (rights-oriented municipal-level and or domain-wide peoples’ organization with gender balance membership); and

d) Building the ICCs/IPs capacities to give their consent to projects, programs, and other development activities.

IPRB-CO Strategy: Capability Building

Objectives: Build the ICCs/IPs socio-political, spiritual, physical, economic and cultural capacities as primary partners in the implementation of IPRA and its Implementing Rules and Regulations (IRR) and other related policies. Below are the objectives of IPRB-CO:

1) ICCs/IPs access to and use of information on IPRA and other related

environment laws; the Millennium Development Goals (MDGs); Gender & Development (GAD) as a development perspective, other government policies particularly environment impact assessment (EIA); securing environment clearance certificate (ECC); and other existing programs, projects and activities of the LGUs, NGAs in particular the DA, DENR, DAR, DPWH, DOH, DepED, MSWDO, DTI, etc. and NGOs on poverty alleviation; food and water security programs, for interface with the IP/AD Development Framework portion of the ADSDPP;

2) Access to continuing paralegal and leadership skills development and training activities to equip them to freely enjoy and fully exercise their rights & responsibilities; asserting their ecosystem worldview & customary laws; traditional cooperative systems of self-reliance, and

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appropriate systems and practices of protecting their domains and natural resources; sustained use of their indigenous conflict resolution and resource management systems & practices, building their capabilities in self-advocacy for sustained recognition, promotion and protection of their rights and responsibilities;

3) Access to information between and among the tribes and/or communities within the Cordillera Administrative Region (CAR) for best practices on peace building and development; etc.

4) Building the ICCs/IPs capabilities in advocacy, coordination and building sustainable partnerships with the ICCs/IPs the LGUs, NGAs and other NGOs for the effective and efficient planning, implementation, monitoring and evaluation of their ADSDPPs;

5) Build the IP communities capabilities to fully participate and engage in

the CHARM2 Project activities and processes towards achieving project goal and purposes.

The preparation of IPRB-CO objectives towards ADSDPP

Formulation, Survey & Titling & the formation of indigenous peoples’ organizations (IPOs) shall meet the criteria of SMART which stands for Specific; Measurable; Achievable; Realistic and Time Bound.

The formulation of SMART objectives follows below criteria:

1) Specific refers to the subject as clearly the ICCs/IPs. The ICCs/IPs are clearly stated, not as the targets but as the subject/or the actors of the objective; t

2) Specific likewise refers to the action verb that clearly indicates or specify the behavioral changes or actions of subject. For example, one uses the action verb of list instead of understand, a passive verb.

3) Measurable refers to the quantification of the action verb. Thus, the phrase, listed their four rights as provided in IPRA.

4) Achievable, realistic and time bound are met when the accomplishment of action verb or behavioral changes describes given time and conditions under which the action is accomplished.

Below is an example of a SMART objective:

• At the end of a two hour focused group discussion (FGD) the CWG listed the four ICCS/IPs rights provided in IPRA.

Facilitator may help the CWG connect these to identified community problems and development needs. Thus, the community problem of inadequate domestic water supply during the dry season is connected to the right to ancestral domains and lands.

Further analysis of above community problem may get to the root causes of the problem to include, lowered water level from source; unregulated logging; deforestations; erosion of indigenous forest

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conservation/protection systems and practices, etc. The discussion may move towards a development needs assessment on the importance of a community watershed conservation program that includes ICCs/IPs self-delineation of watershed areas; reforestation activities and documentation and use of customary laws and belief systems that govern protection of water resources and use of forest products.

C. FORMATION OF IPOs

As a method and process, the IPRB-CO is cautious on the organization of IPOs simply as an output. It chooses to engage people in the actual implementation of the empowerment processes and activities as provided in IPRA. Through community working groups/planning teams and/or core groups IPs learn and experience the fundamentals of team work, coordination, building and sustaining partnership as they plan, implement, monitor and evaluate activities, processes, results and outputs before engaging in the formal organization and acquisition of their juridical personality, a formal system that is alien in IPs leadership development formation.

The Customary Decision-Making and Consensus-Building Process

The primacy of customary laws covers IPRA’s provision on the

observance of consensus building process and/or customary decision-making in securing the ICCs/IPs FPIC. The dictionary defines consensus as general agreement. The IPRA defines FPIC as the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, obtained after fully disclosing the intent and scope of an activity, in a language and process understandable to the community. This definition placed a big responsibility to NCIP relative to the faithful, and sensitive documentation of the customary decision-making and/or consensus building process adhered to by an IP community.

The ethical responsibility of the documenter is therefore, to objectively clarify his western-influenced education on parliamentary procedures, Robert Rules of Conduct and the rule of the Majority. To apply the parliamentary procedure in the FPIC process is an imposition of an alien procedure and results in the marginalization of the exercise of self-governance and right to self-determination. The use further of an alien process is discriminatory and a violation of the primacy of customary laws. The IPRA provision itself acknowledges the process involved in the unfolding of views and opinions and access to information to enable an IP community to either give their consent or to reject a proposed development plan, program, project, policy or activity that affects the community’s welfare. The right to information and to choose through the IP community’s exercise of their FPIC is a an empowerment tool that

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government agencies and other entities need to recognize, promote and protect.

The Roles of the Community Organization Facilitator

The importance of knowing the roles of a community organization facilitator (COF) and understanding these from a holistic view clarifies his/her role or function in any situation.

The Role of Guide

The primary role of the Community Organization Facilitator (COF) is that of guide. The guide helps the community move more effectively in the direction it chooses after it identifies, analysis and prioritizes its community problems. The CO Facilitator does not use the community for his/her own ends, manipulate people or coerce action.

As guide the COF formulates and raises questions as in a Focused Group Discussion (FGD) to help the community become critically aware of its own needs, problems and issues and find solutions to meeting identified needs and problems.

The COF must persistently and consistently communicate his/her primary role as guide in a great variety of situations, where the community may attempt to change the COF’s role as guide. The COF must explain in the most practical and clear manner, why he/she cannot be the leader, make decisions, or recommend the right course of action. The alert COF will find various opportunities where he/she may initiate discussions on the meaning of the right to self-determination which includes sustainability, responsibility and ownership of the CO process.

The Role of Paralegal Expert and Trainer

The paralegal expert and trainer roles are equally important as the role of guide. The basic goal of training and or capability building activities is for the COF to multiply himself/herself and to work himself/herself ‘out of the job’ of IP rights advocacy, coordination and building partnership as the COF moves to the role of consultant as the IP community reaches the level of autonomy. This stage should give the COF great satisfaction.

The Role of Enabler

The task of the COF is to help the IP community articulate deeper issues of violations of rights that impinge on their human worth and dignity enabling them to transcend feelings of blame on their situation of poverty and arriving at a consensus that recognizes, promotes and protect IP rights and consensus building to assert traditional systems of collective action and political will and consciousness that the implementation of IPRA in letter and in spirit rests on them as rights claim holders.

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The Role of Community Expert

The community is the expert in the identification of their needs and problems. However, it is in the community expert role that the COF demonstrates partnership between the COF and the IP community. The IP community may have limited understanding of their structure or organization or the impact of projects and programs that have been imposed and which may have actually eroded traditional systems of cooperative action, developed dependency and eroded traditional systems of self-reliance. The COF becomes the expert in community problem analysis and diagnosis. To secure cooperative work forces that separate certain groups in the community needs to be clearly understood and carefully diagnosed.

The COF should be knowledgeable of current trends of practice by being informed about research, studies and pilot work in other communities. He/she should be able to inform the community of other projects developed and implemented elsewhere and best lessons learned such projects. The COF is well informed of other government line agencies’ programs as well as local government units. The COF bridges the gap between the resources available and the community’s need for such resources.

Table 8: Model Action Plan on the Application of the IPRB-CO to the ADSDPP Formulation. Field Staff to fill time frame column. PHASE I. STRENGTHEN NCIP TECHNICAL CAPACITIES IN IPRB-CO. Objectives Major & Sub-major

Activities Expected Outputs & Outcomes

Group Responsible

1. At the end of one year, given a series of paralegal and IPRB-CO training and related appropriate on-the-job-follow-up technical & support training activities NCIP staffs’ technical capacities strengthened in the following areas: carrying out their agency’s mandate; organizing and conducting IECs on the salient features of IPRA; communicating & integrating the FPIC in appropriate IPRB-CO process as basic tool for ICCs/IPs

Paralegal training IPRB-CO training Outcome Mapping training Team Building ADSDPP Evaluation Project Management Training of Trainers Facilitative Leadership Skills Training Monitoring & Evaluation Training Action Planning & Fund Disbursement Training Training Workshop

Conscious application of IPRB-CO Application of Outcome Mapping in IPRB-CO Use of Policy Guidelines in the field & integrating these to produce a Comprehensive NCIP CHARM2 Project PIM IEC Materials Using AWPB, Outcome Mapping,

Regional Office

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empowerment; applying IPRB-CO techniques in the formulation of ADSDPP; survey & titling of ADs/ALs; documentation of indigenous knowledge systems and practices (IKSPs); facilitating core group formation; and connecting the IPRB-CO process to the MDGs, GAD; climate change/global warming; and CHARM2 project goals & objectives.

on Conflict Resolution Theory & Indigenous Conflict Management & Resolution Systems, Rules of Peace Negotiation & Engagement Practices in the Cordillera Gender Sensitivity Training Documentation of IKSPs (customary Decision-Making and Consensus-Building Process & Culture Appropriate Data Gathering Methodology Preparation of IEC Materials The MDGs; GAD; climate change & global warming issues and concerns

Action Plans, Monthly, Quarterly, Semi-Annual and Annual Reports, Disbursement Reports as M & E tools Omnibus Rules on the applied the principles, values, process, method & techniques of IPRB-CO in their work

Documentation of Indigenous Conflict Resolution &/or Management Systems & Practices

PHASE II. STRENGTHEN NCIP FIELD STAFFS CAPACITIES IN COORDINATION AND BUILDING SUSTAINABLE PARTNERSHIP WITH IP COMMUNITY, LGUS, NGAs AND NGOs. 2. At the end of one month, the NCIP field staff strengthened capacities in team work at the CSC and in preparing the IP community/ies for a municipal-level &/or domain-wide IEC with the following objectives:

organization of team work at the

Team building meetings Listing of elders/leaders Listing of sector organizations & officers Listing of key officers/or representatives of LGUs, NGAs & NGO partners Documentation of customary

Draft documentation of customary decision-making process or consensus building process adhered to or practiced by IP Community (Please see Appendix E) Listing of community needs & problems

CDO-CSC

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CSC; clarified roles in CHARM2 project mgmt structures; established rapport with both formal and informal IP leaders and informed them of upcoming municipal- level IEC; organization of an IP ad hoc committee on IEC clarification of NCIP roles in the CHARM2 Project management structure; facilitative leadership skills; community problem solving process Draft documentation of customary decision-making and consensus building process adhered to by the IP community.

decision-making & consensus building process Organization of an ad hoc IEC Steering Committee Listing of community needs & problems.

3. At the end of one year trial use of the CHARMP2 PIM, field staff experienced its usefulness to give sufficient feedback for appropriate and relevant change and modification

Trail Use Consolidation of feedback and questions raised on usages Final production of PIM

Feedback Consolidation/integration of common questions & recommendations raised from the field users for final PIM copy

CDO-PO-RO

4.At the end of a one day municipal-level or domain-wide IEC, the ICCs/IPs are oriented on the salient features of

Production of IEC materials Notice to AD owners & partners Municipal or

Indicative community mapping ICCs/IPs articulated rights & responsibilities Resolutions of Consent to participate in the

CDO, CSC, LGU, NGO & NGA partners

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IPRA and the following areas:

IPs rights & responsibilities, native title, primacy of customary laws, IPRB-CO as a method and process to deliver NCIP’s mandate, focusing on the IPRBCO as a Community Problem Solving Process IPRB-CO goals of ADSDPP Formulation; Survey & Titling of ADs/ALs; linked to the MDGs; GAD & CHARM2 goal & purposes; FPIC as a tool to ICCs/IPs empowerment & self-governance; NCIP’s visitorial/or oversight function; and Strengthening partnership with LGUs, NGAs & NGOs >Importance of the validation of list of elders/leaders & the customary decision- making and consensus building process adhered to by IP community; and Importance of gender balance participation.

Through the FGDs in

Domain-wide (ili or bugis) level IECs Community Mapping Community Problem Solving: Identification and analysis of community needs and problems Resolution Making Focus Group Discussion Strengthening Partnership Technical Support Formation of CWGs Validation of list of elders & leaders & customary decision-making and consensus building process adhered to by IP community Reporting

ADSDPP Formulation & the Survey & Titling of ADs (bugis or ili) and ALs Formation of CWGs as core partners in the formulation of ADSDPP and in the Survey & Titling of ADs & ALs Clarified roles of NCIP, LGUs, NGOs, DA, DENR & other NGAs Initial analysis of community needs & problems Validation of list of elders/leaders for authenticity & legitimacy Validation of customary decision-making or consensus building process adhered to IP Community Gender-balance participation Clarification of the role of women as partners in development

IP IEC ad hoc Commi-ttee

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the IEC, the participants strengthened their decision-making on the following:

gave their consent to engage in ADSPP Formulation and the survey & titling of their ADs/ALs;; decided on their option or mode of delineation that the community plans to do;

The other option to the IP community is to assert their native title. The

challenge is the facilitative and motivational skills of the NCIP field staff and their good judgment to request for technical support when indicated. One of the convenient excuses on the choices that a community makes is that, ‘but that was what they wanted to do’ alluding to their ‘right to self-determination,’ a principle that has been abused by less experience facilitators. The exercise of the ‘right to self-determination’ needs support for access to and use of information to enable a community to make the right choice.

The community is the expert in the identification of their needs and

problems. The demonstration of the expert role of the Community Organization (CO) professional is facilitating community analysis and diagnosis. With the IPs/ICCs, there is a need to understand the significance of rituals and the ecosystem worldview and the nature of forces that separate certain groups in the community. To facilitate cooperative work requires careful and sensitive diagnose of these forces, a capacity that some leaders eventually develop. (Source: Paper presented by Florence Umaming, MSW on Indigenous Peoples Rights-Based Community Organization (IPRB-CO) held in November-December 2009 at Baguio City).

PHASE III. STRENGTHEN CWG CAPACITIES IN COMMUNITY PROBLEM SOLVING AND IN RESEARCH & DOCUMENTATION: DTA GATHERING AND ANALYSIS

Objectives Major & Sub-major Activities

Expected Outputs & Outcomes

Group Responsibl

e 5.All the 15 members of the CWG strengthened capacities in the following areas:

Organizational

CWG Organizational Meeting; Set CWG organizational Structure/Choose

Importance, purpose & the ADSDPP Formulation Assigned one member of the CWG to start compiling

CDO, CSC, CWG

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development – effective team work rights-based planning; community problem solving process: problem analysis/ needs assessment; setting priorities; ICCs/IPs responsibilities: to maintain ecological balance; restore denuded areas; and obey the law.

CWG Coordinator/Secretary; Defined duties & responsibilities of CWG, the Coordinator & the Secretary; CWG Training Workshop on the importance/use of ADSDPP; Presentation & discussion of MDGs; GAD; IP & Technical ADSDPP Versions; Review & analysis of data from the indicative community map FGD on Community Problem Solving Review minimum list of data needed to formulate ADSDPP & sources (primary & secondary) Needs assessment/Problem Analysis Setting priorities Draft IP/AD Development Framework Preparation of Action Plan for Data Gathering On-the job Technical Support Activities Reporting

records of minutes & documentation of ICCs/IPs participation in the ADSDPP formulation, starting with their inputs at the AD-wide or municipal-level IEC activities written in their own dialect or language to form part of the IP ADSDPP Version Clearly stated CWG functions & responsibilities List of Minimum Data for ADSDPP Formulation & Recognition Claim Book as M & E tool Rights-based planning framework The problem of Boundary Conflicts Action Plans on Data Gathering, Research & Documentation of needed data for the formulation of the ADSDPP & completion of AD Recognition Book Connect community needs/problems to MDGs, GAD, & CHARM2 Proj. Components 2, 3, &

6. Given appropriate training the CWG & boundary conflict resolution (BCR) Team members increased skills on

Training in Conflict Management Theory/Traditional Values, beliefs, leadership qualities

Pilot communities in BCR Documentation of the dynamics of indigenous conflict management

CDO, CSC, CWG

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the dynamics of conflict; analysis of the problem of boundary conflicts and prepared an action plan on the documentation of the conflicts before the BCRs of adjacent communities meet. with focus on giving the ad hoc committee on Survey & Titling specific guide to be

for conflict management, traditional rules of engagement in resolving conflicts Validation of existing boundary conflict areas & adjacent communities as reflected in IP community’s indicative Map Meeting with petitioners/Validation of BCR members CWG Assessment meetings Meeting with adjacent communities/Validation of qualities of traditional peace negotiators & BCR members On-the-job technical support activities Reporting

systems & practices Listed qualities of traditional peace negotiators List of traditional peace negotiators as key informants on the history of ili or AD boundaries; for interviewed on indigenous conflict management systems & practices. Formation & validation of community validation of ad hoc BCR team membership of at least 7 for either petitioner or adjacent community Validation of the qualities of traditional peace negotiators; indigenous conflict resolution systems & practices and oral accounts and current views of traditional leaders of petitioner & adjacent community on existing boundary conflict.

7. ALL the 15 members of the CWG acquired skills in implementing their action plans and met regularly to assess work progress

Training Workshop on the Culture-Sensitive/Rights-Based Research & Documentation Data Assessment Monitoring & Evaluation Technical On-the-job Support Reporting

Guide to Securing Oral Testimonies of Elders Primary & Secondary Data Data Assessment linked to IP rights, responsibilities & CHARM2 Project components

CSC, CWG

8. CWG reviewed data gathered, draft IP/AD Development Framework

Data Analysis focused on community needs & problems linked to

2nd Draft of Community Vision & Mission Statement, Development Goals

CWG, CSC

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formulated earlier and if indicated, reformulate development framework

free enjoyment and full exercise of rights and responsibilities Training Workshop on Data Analysis IP/AD Development framework On-the-job Technical Support

& Development Strategies in relation to self-governance & empowerment & ICCs/IPs responsibilities to sustain ecological balance; rehabilitate eroded & disaster risk areas

9 CWG acquired knowledge of shall be informed of existing policies, plans, programs & projects of LGU partners, DA & other NGAs (DENR, DAR, DPWH, DA, MSWD, DOH) & NGOs as these relate to their IP/AD Development Framework and to identify areas where they can strengthen partnership.

Municipal-level meeting with partners Interface of IP/AD Development Framework with existing government policies, plans, programs & projects On-the-job-technical support activities

Commitment of support to IP/AD Development Framework Advocacy for the recognition & strengthening of socio-political-cultural institutions & advocacy for integration in public school systems curriculum Provision of guide to the identification of programs & projects in the ADSDPP Strengthened umilis partnership with the LGU, NGAs and NGOs

CDO, CSC, CWG

10. CWG acquired skills in compiling records of minutes & documentation of activities written in their own dialect/or language to form part of the IP ADSDPP Version.

Compilation & keeping minutes of meetings & pertinent reports on the full participation of the umilis in the ADSDPP formulation On-the-job technical support activities

IP ADSDPP Version - Compilation of all records of minutes of meetings and reports on other activities conducted such IEC, PIP, CWG meetings, etc in the language these were conducted and which reflects the umilis participation in the formulation of the ADSDPP.

CDO, CSC, CWG

There are two versions of the ADSDPP: the IP Version and the Technical

Version. On one hand, the IP ADSDPP Version is written in the language or dialect of the IP community. It is a compilation of all activities and processes on

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the IP community’s participation and inputs from elders’ testimonies/or oral accounts to indicative community mapping, etc. On the other, the ADSDPP Technical Version written in English for NCIP’s and other partners’ record and reference.

PHASE IV: NCIP CSC STAFFS INCREASED & STRENGTHENED THEIR SKILLS IN COMMUNITY PROBLEM SOLVING AND TECHNICAL WRITING

Objectives Major & sub-major Activities

Expected Outputs & Outcomes

Person/Grp

Responsible

11. Given the minimum & analyzed data for the ADSDPP formulation CSC Technical Working Group increased skills in the drafting of a rights-based ADSDPP

Training Workshop on Community Needs Assessment &Technical Writing Workshop Meetings Discussion on the Elements of Empowerment Assessment of the ADSDPP as an instrument for self-governance & empowerment Drafting of ADSDPP On-the-job technical support activities Reporting

Guide to drafting an IP rights-based ADSDPP such as the following: ADSDPP draft focused on empowering the ICCs/IPs to freely enjoy and to fully exercise their rights; ICCs/IPs assert their eco-system worldview; values of self-reliance; cooperative work; genuine peace and development; primacy of customary laws; culture as assets & legacy to future generations. Increased awareness of ADSDPP as a tool for self-governance & empowerment

CDO, CSC

12. CSC reviewed & integrated SB resolution and printed at least 15 copies of their ADSDPP for distribution to concerned agencies.

Final review & packaging of ADSDPP Technical Support Printing & distribution of Final ADSDPP

Printed ADSDPP & distributed to concerned bodies.

CSC & PO

PHASE V. ICCs/IPS CAPACITIES STRENGTHENED IN THE USE OF THEIR CUSTOMARY DECISION-MAKING AND CONSENSUS BUILDING PROCESS THROUGH THE VALIDATION AND COMMITMENT TOWARDS THEIR ADSDPP’s IMPLEMENTATION 13. CWG increased skills in planning &

Reviewed Technical ADSDPP

List of at least 100 participants that is

CDO, CSC,

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implementation of a community assembly & implementation of the ADSDPP.

& IP ADSDPP Versions Community Validation Technical Suppor

gender balance Community validation focused on the following: o Identified

projects/programs are responsive to identified community needs & problems.

o List of Projects/programs that ICCs/IPs can implement without outside assistance.

o Community policies and structure are clearly stated

CWG

14. ICCs/IPs strengthened knowledge & skills in the assessment & planning for the implementation of their ADSDPP

Community Validation Planning for ADSDPP implementation

At least 100 ICCs/IPs participated in the validation of ADSDPP Planned for ADSDPP implementation

CWG, CDO, CSC

15. CWG increased planning; acquired lobbying & strengthened partnership with the LGU

Selecting an ADSDPP sponsor at the SB for support of the ADSDPP Resolution Making & Lobbying Securing Mayor’s Message for support of the ADSDPP & its integration to the ADSDPP Meeting with SB members Adoption of the ADSDPP Technical Support

Partnership with SB members strengthened SB passed a resolution adopted the ADSDPP as a community driven plan and expression of ICCs/IPs right to self-determination which merits support of the LGUs & NGAs and other concerned NGOs

CWG, CDO, CSC

16. CSC reviewed & integrated SB resolution printed at least 15 an appropriate number of the ADSDPP for distribution to concerned agencies and bodies.

Final Technical Review of ADSPP Packaging of ADSDPP Printing & Distribution of final ADSDPP Project Proposal Making

Printed ADSDPP & distributed to concerned bodies

CWG, CDO, CSC

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PHASE VII. STRENGTHENED COMMUNITY TRADITONAL COOPERATIVE SYSTEMS, VALUES OF COMMUNITY SELF-RELIANCE AND PRACTICES

IN THE ADSDPP IMPLEMENTATION

Objectives Major & sub-major Activities

Expected Outputs or Outcomes

Group Responsi

ble 17. IPO/or native corporation officers acquired facilitative leadership in the implementation of their Five Year ADSDPP

Project Management Workshop focused on action planning for the implementation of projects in the ADSDPP Project Proposal Making

Annual Action Plan for the implementation of programs and projects that do not require outside assistance or that require LGU assistance

CSC/CWGIPO or appropriate IP Group

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PART XII. FORMS

INSTRUCTION IN FILLING-UP CHARMP2 Monitoring Form: MF-1. CRITICAL ISSUES FOR ACTION

FORM TITLE : CRITICAL ISSUES FOR ACTION

FORM NO. : MF-1

FREQUENCY : AS NEEDED

RESPONSIBILITY : To be prepared by:

1. CHARMP2 Provincial Coordinators 2. Component/Unit Coordinators 3. NCIP Regional Coordinators 4. Barangay Management Groups (BMGs) 5. Municipal Management Groups (MMGs) 6. Provincial Management Groups (PMGs)

NUMBER OF COPIES : 4 Copies

DISTRIBUTION : 1 Copy- Project Manager 1 Copy-Component/unit concerned 1 copy-PME Unit 1 copy-Records/File FILLING-UP Form MF-1 PROBLEMS/ISSUES : This column presents the significant issues and

relevant concerns that require remedial actions by concerned component, unit or office.

ACTIONS/RESOLUTIONS : This column presents the remedial measures and appropriate actions undertaken by the

concerned Component/unit,office/agency leading to the

resolution of the identified issues and concerns. MANAGEMENT ACTIONS : This column presents the remedial measures and

decisions by the Project Management that leads to the final resolution of the problems and issues raised by the concerned component, unit of office.

SIGNATORIES :The document should be signed over printed

name by the Project Staff who prepared the report, and reviewed by the Component Coordinator/Unit Head, Head of the Office or Agency.

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MONITORING FORM MF-1: CRITICAL ISSUES FOR ACTION

Department of Agriculture – Cordillera Administrative RegionCORDILLERA HIGHLAND AGRICULTURE RESOURCE MANAGEMENT PROJECT

CRITICAL ISSUES FOR ACTION Component/Unit/Office:

_______________________________________________

PROBLEMS/ISSUES ACTIONS/RESOLUTIONS MANAGEMENT ACTION

Prepared by: Reviewed by:

(Assigned Staff) Component/Unit

Coordinator

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INSTRUCTION IN FILLING-UP CHARMP2 Monitoring Form: MF-3A. MONTHLY ACCOMPLISHMENT REPORT

FORM TITLE : Monthly Accomplishment Report

FORM NO. : MF-3A

FREQUENCY : Monthly

RESPONSIBILITY : To be prepared by:

1. CHARMP2 Provincial Coordinators 2. Component/Unit Coordinators 3. NCIP Regional Coordinators

NUMBER OF COPIES : 4 Copies

DISTRIBUTION : 1 Copy- Project Manager 1 Copy-PCO concerned 1 copy-PME Unit 1 copy-Records/File FILLING-UP Form MF-3A Component Output/Activity : This column identifies the tangible (easily

measurable, practical), immediate and intended results to be produced by the component/unit as indicated in the Project documents-Annual Work Plan and Budget, and the Project Logical Framework.

Performance Indicator :This column identifies the unit of measures,

quantitative or qualitative factor that provides a simple and reliable basis of assessing achievement or performance.

LOCATIONS :This column identifies the site of the project activities.

PHYSICAL TARGETS :This column presents the number of expected

outputs/activities to be realized or achieved globally, for the year and for the month.

PHYSICAL ACCOMPLISHMENTS :This column presents the number realized

or achieved globally, for the year and for the month

REMARKS :This column presents any significant data or Information, constraint/problem identified by the Component/unit/office/agency that affects

133 | P a g e

accomplishments of targets or impedes the efficient delivery of outputs.

SIGNATORIES :The document should be signed over printed

name by the Project Staff who prepared the report, and by the Component Coordinator/Unit Head, Head of the Office or Agency who made a thorough review of the report.

*NOTE: A narrative report shall be attached to the monthly accomplishment report highlighting the major activities of components, subcomponents/units,office/agency.

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Monitoring Form MF-3A: Monthly Accomplishment Report

Department of Agriculture – Cordillera Administrative Region SECOND CORDILLERA HIGHLAND AGRICULTURAL RESOURCE MANAGEMENT

PROJECT

Monthly Accomplishment ReportComponent/Unit/Agency:_________________________________________

For the month of ______________, ______

Component Output/Activi

ty

Performance

Indicator (*gender

-disaggre

gated)

Locatio

n

Physical Target

Physical Accomplishmen

t Financial

Target

Financial Accomplishmen

t Remarks Gl

obal

Annual

This Mon

th Global

Annual

This

Month

Global

Annual

This

Month

Global

Annua

l

This

Month

Prepared by: Reviewed by:

(Project Staff) Component/Unit

Coordinator

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FORM A: AFTER-ACTIVITY REPORT (Meetings, Orientations, Field/Missions/Evaluation Visits, Workshops, Consultations) Title: Date: Venue: Participants: Background: Highlights of Activity: Issues/Problems/Recommendations: Attachments: (required for report packaging)

1. Photocopy of Attendance Sheet/s 2. Program of Activities 3. Photo/Video Documentation (CD file/e-copy) 4.

Prepared By: Reviewed By: _________________________ ______________________ (NCIP Representative/ Secretariat) Service Center Head

Noted By:

_______________________ Provincial Officer

_______________________ TMSD Chief/CHARMP Regional Coordinator

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FORM B: Comprehensive Activity Design (sample form) October – November, 2010

Title : Building Sustainable Partnership with IP Communities; Conduct of Municipal-Level IEC and Enforcement of FPIC: Partners : IP Communities, NGAs, NGOs, LGUs, Traditional Leaders, Budget : P ______________ ; Fund Source : CHARM2 Project RATIONALE : Sub-activity 1: Coordination and Building Sustainable Partnership with IP Communities, NGAs, LGUs, and Traditional Elders/Leaders: Sub-activity 2: Conduct of Municipal Level Information Dissemination Campaign (IEC); Sub-activity 3: Enforcement of FPIC Sub-activity 1: Venue / Location Time Frame / Schedule Responsible Unit / Staff Objectives Major & Sub Major

Activities Expected Outputs

137 | P a g e

Sub-activity 2: Conduct of Municipal Level Information Dissemination Campaign (IEC);

Venue / Location Time Frame / Schedule

Responsible Unit / Staff

Objectives Major & Sub Major Activities Expected Outputs

Sub-activity 3: Enforcement of FPIC during the PPIP:

Venue / Location Time Frame / Schedule Responsible Staff Objectives Major & Sub Major

Activities Expected Outputs

138 | P a g e

BUDGETARY ESTIMATES: (The budget are for presentation only) Sub-activity 1: Coordination and Building Sustainable Partnership with IP Communities, NGAs, LGUs, and Traditional Elders/Leaders:

Particulars Cost Amount Sub-total, sub-activity #1

P _______________

Sub-activity 2: Conduct of Municipal Level Information Dissemination Campaign (IEC);

Particulars Cost Amount Sub-total, sub-activity #2

P _______________

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Sub-activity 3: Enforcement of FPIC

Particulars Cost Amount Sub-total, sub-activity #3

P _______________

Prepared by: Reviewed by: Reviewed by: ____________ _____________ ____________ CSC Provincial Officer Program in charge/ Point Person (Region) Recommending Approval:

RECTO C. ALAWAS TMSD Chief/CHARMP Regional Coordinator

Approved by: ATTY. AMADOR P. BATAY-AN, CESO III Regional Director

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NCIP ADO FORM AD-1

Republic of the Philippines OFFICE OF THE PRESIDENT

NATIONAL COMMISSION ON INDIGENOUS PEOPLES Regional Office of ___________________ Provincial Office of __________________

Petition No.___________ Date: _______________

PETITION FOR DELINEATION AND RECOGNITION OF ANCESTRAL DOMAIN AND FOR THE ISSUANCE OF CERTIFICATE OF ANCESTRAL DOMAIN TITLE

(CADT)

Pursuant to the attached Letter of Intent/Resolution of the majority of our traditional Council of Elders/Leaders and Authorization/Special Power of Attorney as Ancestral Domain representative(s), I/We hereby petition this Commission for the delineation and recognition of our ancestral domain and for the issuance of Certificate of Ancestral Domain Title (CADT), and hereby declare:

1. CADT Applicant (Tribe/EthnoliguisticGroup):_______________________________________

2. Person(s) authorized to file application: 2.a. Representative(s):

Name of

Representative(s) Tribe Sex Contact

No. Address

2.b. Nature of Authority:___________________2.c.Date Given:________________

Attach 2x2 ID

picture

NCIP-ADO FORM AD-1

To be accomplished in 2 copies

141 | P a g e

3. Number of Right Holders: 3.a. No. of Community/ies: ____3.b. No. of Individual Community members: ____ 4. Location of Ancestral Domain:

Barangay Municipality Province

5. Total Estimated Area: _____________________________(__________) Hectares

I/We hereby certify that the entries/statements made hereon are true and correct to the best of my/our knowledge. In witness whereof, I/We hereunto set my hand(s) this ________________ day of ___________________ at _________________________________, Philippines.

Name of Representative(s)

Community Tax Certificate No.

Place Issued Date Issued Signature(s)/ Thumb marks

Attested by: ________________________ _______________________ Tribal Leader Republic of the Philippines _____________________)ss. _____________________) SUBSCRIBED AND SWORN to before me this ______ day of ___________ at ___________________________________________________ Philippines. Doc. No. __________ Page No. __________ Book No. __________ Series of ___________ NOTARY PUBLIC

NCIP ADO

PETITIAND FO

Pur

Authorizathereby peland and fdeclare: 1. CALT Applicant:_

2. Person(

2.a. Rep

NaRepres

2.b. Na

3. Tribal/E 4. Number

O FORM A

N

ON FOR DOR THE IS

rsuant to thtion/Speciaetition this for the issu

_________

(s) authoriz

presentativ

ame of sentative(s

ture of Aut

Ethnoliquist

r of Right H

Attap

AL-2

NATIONALRegPro

DELINEATSSUANCE

he attacheal Power oCommissiouance of C

_________

zed to file

ve(s):

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thority:___

tic Group:

Holders:

ch 2x2 ID

picture

142

RepubOFFICE

L COMMISgional Officvincial Off

TION ANDE OF CER

(

d Letter ofof Attorneyon for the Certificate

_________

application

ibe A

_________

_________

| P a g e

blic of the PE OF THE SSION ONce of _____fice of ____

D RECOGRTIFICATE(CALT)

f Intent/Rey as Ancedelineatioof Ancestr

_________

n:

Address

_____2.c. D

_________

PhilippinesPRESIDEN

N INDIGEN__________________

P D

GNITION OE OF ANC

solution ofstral Landn and recoral Land T

__________

Civil status

Date given

_________

N

To be

s NT NOUS PEO_______ _______

Petition NoDate: ____

OF ANCESCESTRAL

f my/our fa representognition of

Title (CALT

_________

Name ofspouse

: _______

_________

CIP-ADO F

accomplis

OPLES

._________________

STRAL LA LAND TIT

amily/clan tative(s), If our ancesT), and her

_________

f

ContaNo

__________

_________

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shed in 2 c

____ ____

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143 | P a g e

4.a. Family/ies: ______________ 4.b. Individual: _______________ 5. Location of Ancestral Land: Barangay(s): _____________________________________________________ Municipality(ies) : _____________________________________________________ Province(s): _____________________________________________________ 6. Total Estimated Area: _______________________________ (_______) Hectares

I hereby certify that the entries/statements made hereon are true and correct to the best of my knowledge. In witness whereof, I hereunto set my hand this ________________ day of ___________________ at _________________________________, Philippines.

Name of Representative(s)

Community Tax Certificate No.

Place Issued Date Issued Signature(s)/Thumb marks

Attested by: ________________________ Head of the Clan/Family Republic of the Philippines _____________________)ss. _____________________) SUBSCRIBED AND SWORN to before me this ______ day of ___________ at ___________________________________________________ Philippines. Doc. No. __________ Page No. __________ Book No. __________ Series of ___________ NOTARY PUBLIC

144 | P a g e

NCIP FORM: ANNUAL WORK PLAN AND BUDGET

Revised Detailed AWPB Table (Operational version)(SAMPLE FORMAT)

Project/Activities/Expected Outputs

Indicators

Timetable for

Responsibl

e Unit/Sta

ff

Implementation Budget

Implementation

Project

Indicator

RIMS indicator

Q1

Q2

Q3

Q4

Approved

Revised

Planned

Unit

Achieved

Achieved Approved

Revised

Planned

Budget

Financier

s Spent Spent

(total)

(total)

(annual)

Cost

(cumulative) %

(annual) %

(total)

(total)

annual

Category

IFAD

GOP

(cumulative) %

annual %

C1 Purpose

To strengthen the capacities of community members to plan and manage their own communities

SC1.1 Community empowerment achieved

Output 1.1.4 Formulation of Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) Facilitated

Activities

1.1.4.1 Community/ICC and staff capacitation

Pre -implementation activities :

Orientations and wkshops from partner

# of orientations & ws

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agencies

Institutional development Workshop

# of workshops x x RO 6 6 60

Field offices meetings and assessment

# of mseeting x

PO/CSC 6 6

120

Prting and repro of IEC and reference materials

# of reference materials x x RO

130

Repair and update of computers

# of computers x

PO/CSC

120

Conduct of trainings:

RO 734

Paralegal training and workshop

# of trainings/ws x 2 2

ADSDPP evaluation workshop

# of ADSDPP evaluated

x 5 5

Staff orientation and planning

x 6 6

Meeting and reach out with elders/leaders

FGD x x

PO/CSC

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Meeting with newly elected officials and partner agencies

FGD

232

Conduct validation of Project Investment Plans (PIPs)

FGD

x x CSC 24

3.24 5

77.76

Participate PLGU meetings

# of PLGU meetings x x x PO

Participate MLGU meetings

# of MLGU meetings x x x

CSC

Participate BLGU meetings and planning

# of BLGU meetings x x x

CSC

Participate in the Project Participatory Investment Planning (PPIPs)

x xCSC

146

8.24

1,203

TOTAL

FOR NCIP:

FOR PSO:

Prepared by: Recommending Approval: Approved: Recommending Approval: Approved: _________________________ ___________________ ATTY. AMADOR P. BATAY-AN,CESO III Dr. CAMERON P. ODSEY LUCRECIO R. ALVIAR

NCIP-CHARMP2 Planning Officer CHARM Coordinator NCIP Regional Director CHARMP2 Project Manager DA-RFU CAR Regional Director CHARMP Project Director

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A.D.O. Form no. 01: SURVEY PLAN FOR AD

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A.D.O. Form no. 01-A: SURVEY PLAN FOR AL

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A.D.O. Form no. 02: LOT DATA COMPUTATION NCIP-MC No. 02, s. 1999

LOT DATA COMPUTATION _____________________ ________________ ______________________ __________________ __________ _____ LOT Surname Given/First Name Geodetic Engineer Date Surveyed Lot No. Sheet DATA COMPUTATION ______________________ _____________________ ____________________ ________________ (Original/Duplicate) Barangay Municipality Province Island Survey Sym. & No. Sta./Cor.

Azimuth Distance Bearing

Cosine

Sine

COORDINATES Line Corner Description

Latitude

DMD/DPD

Departure

Dep./Lat. Lat./Dep. Tan/Cot

Dep./Lat. Sin/Cos Distance

Bearing Distance

PARTIAL DOUBLE AREA Latitude

Northings Departure Eastings

_________

__ ____ __

_________

_________

__ ____ __

_________

_________

__ ____ __

_________

_________

__ ____ __

_________

_________

__ ____ __

_________

AREA: Data Prepared by: __________________________ Date: _________________ Original Computed by: _______________________ Date: _______________ Sq. Meters Prepared/Checked by: _______________________ Date: _________________ Duplicate Computed by: ______________________ Date: _______________ Original Checked by: ______________ Compared/Finally Checked by: ________________ Date: _________________ and ________________________ Date: _______________ Duplicate Checked by: _____________

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A.D.O. Form No. 03: TRAVERSE COMPUTATION

TRAVERSE COMPUTATION Surveyed for _________________________________ Barangay ___________________________________ Municipality _________________________________ Province ____________________________________ Sheet ________________ of Sheets Geodetic Engineer ____________________________ Field Bk. No. Pages Length _______________________________________ Ee _________________ En ____________________ Linear Error of Closure __________________________ Relative Error

1 2 5 6 7 8 Azimuth

Latitude Departure

Station Distance COORDINATES Bearing North + South - East + West - Northings Eastings

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Data Prepared by: Date ________ Original Computed by: Date Preparation Checked by: Date _______ Duplicate Computed by: Date Compared and Finally Checked by:_______________ and Date

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A.D.O. Form No. 04: AZIMUTH COMPUTATION NCIP-MC No. 02, s. 1999

Republic of the Philippines ANCESTRAL DOMAINS OFFICE

============ AZIMUTH COMPUTATION FROM ASTRONOMICAL OBSERVATIONS

Surveyed for: __________________________A.D.O. No. ____________ Series: ________ Location: __________________________ Initial Hor. Circle Rdg.: ___________________ Sta. Occ. __________________ Sta. Obs. (Mark) _____________ Celestial Body _______ Latitude (L) ____________ Longitude _______________ Date Obs. _________________ _______________________________ In P.M. Azimuth of Sun = A Cot ½ A = Sec S Sec (S-P) Sin (S-H) Sin (S-L) In A.M. Azimuth of Sun = 360º - A

Set I Set II Horizontal

Circle Reading

Time Horizontal

Circle Reading

Time Reading (1) D R Reading (2) D R Reading (3) R D Reading (4) R D Sum Mean Altitude (1) D R Altitude (2) D R Altitude (3) R D Altitude (4) R D Sum Mean Parallax & Refraction Correction Corrected Altitude = H Difference in Hours from (8 A.M.) ( 2 P.M)

Variation per Hour Correction North Polar Distance from Table Corrected North Polar Distance = P H L

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2S S P S-P

S H S-P

S L S-L

Log Sec S

Log Sec S-P

Log Sin S-H

Log Sin S-L

Log Cot² ½A

Log Cot ½A

½A A Azimuth of Sun Mean Horizontal Angle Azimuth of Mark MAGNETIC AZIMUTH ____________________________ MEAN AZIMUTH _____________________ Magnetic Declination ___________________________ Probable Error = 0.33725 x Diff. In Azi. = ± _________ Data Prepared by: ________________ Date _____________ Duplicate Computed by: ______________ Date _______ Original Computed by: ________________ Date ____________ Checked by: _________________ Date ___________

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AZIMUTH COMPUTATION FROM ASTRONOMICAL OBSERVATIONS ( CENTRAL OFFICE ONLY)

Surveyed for: ___________________________ A.D.O. No. ____________ Series: ________

Location: _______________________ Initial Hor. Circle Rdg.: ___________________

Sta. Occ. ____________________ Sta. Obs. (Mark) ___________ Celestial Body ________

Latitude (L) ______________ Longitude ______________ Date Obs. _________________

_______________________________ In P.M. Azimuth of Sun = A Cot ½ A = Sec S Sec (S-P) Sin (S-H) Sin (S-L) In A.M. Azimuth of Sun = 360º - A Note: If Cos a is positive, A is the acute angle obtained from the Table. If Cos A is negative, A is 180º minus the acute angle obtained from the Table.

Set I Set II Horizontal

Circle Reading

Time Horizontal

Circle Reading

Time Reading (1) D R Reading (2) D R Reading (3) R D Reading (4) R D Sum Mean Altitude (1) D R Altitude (2) D R Altitude (3) R D Altitude (4) R D Sum Mean Parallax & Refraction Correction Corrected Altitude = H Difference in Hours from ( 8 A.M.) (2 P.M.)

Variation per Hour Correction Declination from Table Corrected Declination = D Sin L (Constant) Sin H Sin D (± ) Numerator (± )

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Cos L (Constant) Cos H Denominator

Cos A (± ) A Azimuth of Sun Mean Horizontal Angle Azimuth of Mark MAGNETIC AZIMUTH ____________________________ MEAN AZIMUTH _____________________ Magnetic Declination ___________________________ Probable Error = 0.33725 x Diff. in Azi. = ± _________ Data Prepared by: ________________ Date _____________ Duplicate Computed by: ______________ Date _______

Original Computed by: ________________ Date ____________ Checked by: _________________ Date ___________

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A.D.O. Form No. 05: FIELD NOTES COVER NCIP-M.C. No. 02, s. 1999

FIELD NOTES COVER Class of Survey _________________ A.D.O. No. __________ Sec. ____, R.A. 8371 AD/AL Petition No. ________________ Surveyed for ________________________________________ Address ___________________________________________ Situated in the: Rurban Code: _________________________________ Barangay/s of:_________________________________ Municipality/ies/City/ies of:______________________ Province/s of: _________________________________ Island/s of: ___________________________________ Bearings ___________________________________________ Magnetic Declination _________________________________ Surveyed __________________________________________ By _______________________Geodetic Engineer Address: ___________________________________________ Under the Supervision of ______________________________ (If executed by a Junior Surveyor) ____________ Geodetic Engineer Principal Use of Land ________________________________ Topographical Condition of Land _______________________

Notes Checked by _______________ Date _______________

These Field Notes were observed in the field by me or under my supervision on the days and dates stated. This survey was executed with a _________________ made by ________________ Serial No. _____________ A.D.O. Cert. No. ________ dated _____________, and with tape Serial No. _____________, A.D.O. Cert. No. _______________, dated ______________________ or E.D.M. Model __________________ SN ________________ A.D.O. Cert. No. _______________________, dated ___________________. ________________________________Geodetic Engineer

G.E. Cert. No. ______________ Lic. No. ______, Dated _________

Subscribed and sworn to before me this ___th day of __________ , 20___ , affiant exhibiting to me his/her Com. Tax Cert. No. _____________ issued on ____________________ at ______________________ Philippines. NOTARY PUBLIC Until December 31, 20___ P.T.R. No. _____________ Issued on________ at ___________ Doc. No. _____; Page No. _____;

Dry Seal

Documentary

Stamp

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Book No. _____; Series of _____.

REMARKS OR ADDITIONAL INFORMATION REGARDING THIS SURVEY

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

GEODETIC ENGINEER’S CERTIFICATE I, ______________________________________, do hereby certify that the foregoing are the complete original Field Notes and indicate true and actual measurements made in the survey of the ancestral land/domain of ________________________________________________ _____________________________________________________________ located at ____________________________________________________ _________________________________________________________from ______________________ ,20___ to __________________________, 20___. I FURTHER CERTIFY that this survey has been executed in conformity with the laws of the Republic of the Philippines, the official regulations and instructions thereunder and the instructions of the National Commission on Indigenous Peoples (NCIP), and that the foregoing Field Notes and accompanying plat accurately indicate the boundaries of the ancestral land/domain as pointed out by the petitioner/s or _________________________________, authorized representative and by all contesting claimants, and a true statement of the notification of adjoining claimants and occupants their appearance and objections or conformity is contained in the duly signed Engineer’s Certificate submitted with this survey.

A.D.O. Form No. 06: FIELD NOTES

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FIELD NOTES

Geodetic Engineer ___________________________________

Station Occupied

Station Observed

Assumed Azimuth

Magnetic Bearing

Stadia Distance

Tape Distance

Vertical Angle

Date of survey work recorded on this page_____________ 20 ___ A.D.O. Form No. 06

NCIP-MC No. 02, s. 1999 Transit No. _____________ Maker ______________________ Tape No. ______________ Maker ______________________ Corrected Azimuth

Corrected Distance

Sketches, Descriptions & Remarks

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A.D.O. Form No. 07: GEODETIC ENGINEER’S CERTIFICATE NCIP-MC No. 02, s.1999

GEODETIC ENGINEER’S CERTIFICATE Survey No. ______________

I, ______________________________ duly qualified GEODETIC ENGINEER with office/business address at ________________________________________, after having been duly sworn in accordance with law, hereby declare as follows:

1. That the ancestral land/domain as surveyed for _____________________________________ is located in the ______________________________________________, Island of _________________ ;

2. That the boundaries thereof were indicated by the claimant/s whose postal address is ___________________________________________ or by ____________________ ,duly authorized representative whose postal address is _________________________________________;

3. That the Field Notes submitted herewith are the original field notes of this survey and data appearing therein were obtained from actual measurement;

4. That as far as known to the undersigned, the names and addresses of all the adjoining owners and claimants are as follows: Name of Adjoining Owner or Claimant

Address How Notified

When

Notified

When to appear

Ap-

peared

Name of Agent

Appeared

5. That the names of the objectors or oppositors are as follows:

Lot No.

Name of Objector Address OBJECTIONS INDICATED BY Address of Representative

Objector-in-person Representative Named Below

6. That this survey has been executed in conformity with the laws of the Republic of the

Philippines and in accordance with existing regulations promulgated by the National Commission on Indigenous Peoples (NCIP), and the accompanying field notes were personally observed and recorded by me in the field on the dates therein noted;

7. That this survey was executed with a ____________________ instrument No. ___________ made by ____________________ and with tape No. ______________ made by ________________ both tested and approved by the Ancestral Domains Office on ________________ and ____________________, respectively; and

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8. That all monuments and other objects marking the corners of this survey are those described in the field notes and were placed or marked in my presence, or they were placed or marked prior to the execution of this survey. IN WITNESS WHEREOF, I have hereunto set my hand this _____th of ____________, 20___.

___________________________

________ Geodetic Engineer

Republic of the Philippines)

______________________)SS.

______________________)

Subscribed and sworn to before me this ____ th of ______________, 20 ___, affiant exhibiting to me his/her Com. Tax Cert. No. _____________ issued on _____________ at ____________________, Philippines.

____________________________________

(Officer Administering Oath)

Documentary

Stamp

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A.D.O. Form No. 08: SURVEY NOTIFICATION LETTER NCIP M.C. No 02 _____________________________ (Surveyor/Survey Team) _____________________________ (Address) _____________________________ (Date)

SURVEY NOTIFICATION LETTER

Pursuant to the Memorandum of Agreement, dated _______________, entered into by and between the National Commission on Indigenous Peoples (NCIP), the Department of Environment and Natural Resources (DENR) and the Philippine Association for Intercultural Development (PAFID) to survey the Ancestral Domain/ Land of the ___________________ located at ________________, and as per Survey Authority No. __________________ issued on ________________ by the National Commission on Indigenous Peoples to survey said ancestral domain/land, you are hereby notified that said ancestral domain/land shall be surveyed by the undersigned on ___________________________ starting at _______A.M./P.M. As adjoining owner or representative thereof, you are requested to appear and be on the premises on the aforecited date and timed to exhibit and furnish all documents or pertinent information in your possession to the undersigned Geodetic Engineer relative to said ancestral domain or ancestral land.

Name of Adjoining Owner/Representative

Address Signature

Respectfully yours,

Geodetic Engineer, NCIP

Claimant Representative Noted:

Chairman, NCIP Governor, Province of __________

ADO FORM

Survey No.

lot no.

M No.09: LOT

Claimants

T DESCRIPT

mon. to Corner 1

TION

LOT DESCRIP

Mun. of Line 1 -

2 Line

3

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PTION

2 - Line 3 - 4

Prov. Of Line 4 -

5 Line

Area

e 5 - 6 Sq. Me

a in

eters

CERTIFIED COR

CHIEF, SURVEYS D

note: material sha

RRECT:

DIVISION

all be a matte film

200

m

Checked by

Checked by

Checked by

Verified by

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;

;

;

;

20 Surv

20 By

20

20

SheeOf Shee

veyed

20

GEODETIC ENGINE

et No.

ets

0

EER

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A.D.O. Form No. 10:TRANSMITTAL OF SURVEY RETURNS NCIP M.C. No. 02

TRANSMITTAL OF SURVEY RETURNS

SUBJECT: _______________________________ Kind of Survey: ___________________________ Claimant: ________________________________ Location of AD/AL: ________________________ The Director Ancestral Domains Office National Commission on Indigenous Peoples Quezon City Sir: I am forwarding herewith for verification and approval the returns of the survey executed by me consisting of the following: _______ (Sheets) Original Plan _______ (Sheets) Field Notes with Field Notes Cover, duly notarized _______ (Sheets) Traverse Computation, original and duplicate _______ (Sheets) Lot Data Computation, original and duplicate _______ (Sheets) Astronomical Observation, Computation, original and duplicate _______ (Sheets) Geodetic Engineer's Certificate _______ (Sheets) Survey Notification Enclosed herewith ________________________________, (P___________) Philippine currency in Money Order/Check to cover the following expenses or charge the same against my deposit, SWO - ______________________: Verification Fee . . . . . . . . . . . . . . . P ___________ Reproduction Cloth Plan . . . . . . . . ___________ Technical Description . . . . . . . . . . ___________ TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . P ___________ Upon approval hereof, please send the reproducible cloth plan and other papers to: _______________________________________ _______________________________________ Very truly yours, ___________________ Geodetic Engineer

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INSTRUCTIONS 1. Geodetic Engineer: Fill up this form in quadruplicate and enclose the same with Survey

Returns. 2. Recognition Division/Technical Services Division: Number Survey Returns, file and

return a copy to Geodetic Engineer or authorized representative.

ACKNOWLEDGMENT RECEIPT NO. ________________

SUBJECT: _______________________________ Kind of Survey: ___________________________ Claimant: ________________________________ Location of AD/AL: ________________________ Received from ___________________________________ the returns of the above survey for verification and approval and the amount of _____________________________________, (P__________) Philippine currency. ________________________________________ Recognition Division/Technical Services Division

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A.D.O. Form No. 11: PROGRESS NOTES OF SURVEY NCIP- M.C. No. 02

PROGRESS NOTES OF SURVEYS VERIFICATION

SECTION

Received by: Date

Acted by: Date

Forwarded by:

Date

Adjoining Survey(s)

Survey(s) No. Decreed Conformed Recognition/Technical Services

Original and Other Surveys Aggregate Surveys Technical Records ACTIVITIES: Preliminary Examination Survey Statistics Assessment of Fees Position Computation Map Projection Controls Verification Old Surveys Adjustment Data Verification/Computation

Map Verification Final Examination Held Pending by:/Date

REASON(S)

Withdrawn By:/Date

COMPLETE SURVEY RETURNS ACCEPTABLE _________________________________

_ Preliminary Examiner

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No. of Lots _____________ No. of Corners _____________ Verification Fees _____________ Survey Deposit _____________ Acknowledgment Receipt _____________ Date _____________ Open Account No. _____________

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A.D.O. Form No. 12: FIELD SHEETS NCIP-M.C. No. 02 SURVEY NO.: ___________________________________________

PROJECTION MAP: ______________________________________

REGION: _______________________________________________

PROVINCE/CITY: ________________________________________

GEODETIC ENGINEER ___________________________________

CLAIMANT/PETITIONER: ________________________________

CONTENTS OF ENVELOPE

Transmittal of Survey Returns ________ Sheets Field Notes with cover ________ Sheets Original Plan ________ Sheets Blue/white Print Plan ________ Sheets Lot Data Computation ________ Sheets Traverse Computation ________ Sheets Astronomical Observations, Computation ________ Sheets Reference Computation ________ Sheets Boundary Computation ________ Sheets Geodetic Engineer's Certificate ________ Sheets Survey Notification Letter ________ Sheets Survey Authority ________ Sheets R.H.O. Order/Decision ________ Sheets Indorsement ________ Sheets Others: Specify: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________