AMENDING SECTION 39 OF NCIP ADMINISTRATIVE ORDER NO. 3, SERIES OF 2002, TO INCLUDE THE REQUIREMENT OF ITS PUBLICATION IN A PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN T…

WHEREAS, on February 19, 2002, the Second Commission en banc,
resolved to promulgate NCIP Administrative Order No. 3, Series of 2002,
otherwise known as the Revised Guidelines for FPIC and Issuance of
Certification Precondition;

WHEREAS, Section 9
of NCIP Administrative Order No. 3, Series of 2002, provides that it
shall take effect fifteen (15) days from its registration in the Office
of the National Administration Registration, U.P. Law Center, Diliman, Quezon City, Philippines;

WHEREAS, existing
laws provide that administrative issuances with administrative sanctions
to be legally valid, effective, and enforceable, are required to be
published in the manner provided for by law, as a requirement of due
process;

WHEREAS, Section 39
of NCIP Administrative Order 3, Series of 2002, carries with it
administrative sanctions for certain prohibited acts as enumerated
therein, and in order for the said Administrative order to be legally
valid and enforceable, there is a need to effect the necessary amendment
for its effectivity;

WHEREAS, in order set the date of effectivity
of NCIP Administrative Order No. 3 Series of 2002, there is a need for
the Commission to officially lift the moratorium imposed by the
Memorandum dated 28 February 2001, issued by the Office of the President
Adviser for Indigenous Peoples Affairs or OPAIPA;

NOW THEREFORE, on motion of Commissioner Reuben Dasay A. Lingating, duly seconded by Commissioner Norma M. Gonos, be it

RESOLVED, as it is hereby done, that Section 39 of the 39 of the said Administrative order be amended to read as follows:

“SECTION 39.            Effectivity. — This Administrative Order shall be registered in the office of the National Administration Register, U.P. Law Center, Diliman
Quezon City, Philippines, and shall take effect fifteen (15) days
following the date of its complete publication in a newspaper of general
circulation in the Philippines.

RESOLVED FURTHER,
that the chairperson is hereby authorized to cause the immediate
publication of NCIP Administrative Order No. 3 Series of 2002, in a
newspaper of general circulation in the Philippines, incorporating and
applying therewith the specific amendment to Section 39 as embodied in
this Resolution, including the simultaneous publication of this
resolution;

RESOLVED FINALLY,
that the moratorium imposed for the issuance of certification
precondition and compliance of the requirement of free and prior
informed consent, will automatically be lifted on the date of effectivity of NCIP Administrative Order No. 3, Series of 2002, as provided in this Resolution.  Upon its effectivity,
all pending applications for issuance of Certification Precondition and
the Free and Prior Informed Consent, shall have to go through the
process as provided for under NCIP Administrative Order No. 3, Series of
2002.

Adopted: 23 Apr. 2002

(SGD.) CORAZON M. ESPINO Commissioner	(SGD.) NORMA MAPANSA-GONOS Commissioner
(SGD.) LAGTUM A. PASAG Commissioner	(SGD.) EDTAMI P. MANSAYAGAN Commissioner
(SGD.) REUBEN D. A. LINGATING Commissioner	(SGD.) PABLO SANTOS Commissioner
(SGD.) EVELYN S. DUNUAN Chairperson