ATTY.

LEONOR ORALDE-QUINTAYO
Chairperson
National Commission on Indigenous Peoples
2nd Floor, N. dela Merced Bldg.,
Cor. West and Quezon Avenue, Quezon City

RE : DENR-NCIP COLLABORATION MATTERS ON

BIODIVERSITY & WATERSHEDS IMPROVED
FOR STRONGER ECONOMY & ECOSYSTEM
RESILIENCE (B+WISER) PROGRAMS AND
SIMILAR PROJECTS
Dear Chairperson Quintayo:
This has reference to the letter dated 17 February 2014 from
Dr. Marian S. Delos Angeles, Chief of Party, Biodiversity &
Watersheds Improved for Stronger Economy & Ecosystem Resilience
(B+WISER) Program, enjoining us to bring up with the honorable
Secretary the draft Memorandum of Agreement (MOA) between the
Department of Environment and Natural Resources (DENR) and
the National Commission on Indigenous Peoples (NCIP) on DENR
programs and projects with foreign or local fund support that
would
require
validation
with
indigenous
cultural
communities/indigenous peoples under the Free and Prior
Informed Consent (FPIC) process.

BACKGROUND:

October 8, 2013 An invitation coming from NCIP

Executive Director Marlea P. Muez was made thru email
for the initial meeting on different government programs

and
projects
that
involve
Indigenous
Cultural
Communities (ICCs) and Indigenous Peoples (IPs).

November 21-22, 2013 A workshop was held at

Cocoon Hotel on the programs and projects involving
ICCs and IPs.
Highlighted the FPIC process and
explained the FPIC Validation vis-a-vis the "full blown"
FPIC.
It was pointed out that government projects and
programs should no longer undergo the very tedious
process of a full-blown FPIC. An FPIC validation of
activities would suffice considering that the projects are
developmental and non-extractive.

December 17, 2013 Partnership Meeting held at Torre

Venezia; Presentation of the Partners' Agreement template
applicable to a type of project; Scheduling of activities for
complementation and cooperation.
NCIP wants "full disclosure" before the conduct of any
FPIC Validation. This means that the project documents
should be attached or made an integral part of the MOA
before it could be signed or approved by both parties. The
meeting covered only non-extractive, developmental and
ecologically-balanced ancestral domain projects.

January 21, 2014 Partners presented their respective

programs and projects to NCIP.

In this regard, we are respectfully forwarding the subject

letter of B+WISER containing their position on the FPIC issue and
its implications on the implementation of their program. B+WISER
is restrained from proceeding with its activities on IP grounds
pending the signing of the MOA or Partnership Agreement with
NCIP because of the No MOA, no on the ground work activities.
We respectfully recommend that there should only be one
MOA with NCIP to cover all DENR programs and projects in order
to facilitate the conduct of a joint FPIC validation. The MOA will be
signed by the DENR Secretary and the NCIP Chairperson using the
agency-to-agency mode. The validation in the field shall be done

on a per-site basis but a separate MOA should no longer be

required for the conduct thereof in deference to the over-all MOA.
We seek to emphasize, however, that even if there is no
MOA or Partnership Agreement at the moment with NCIP, the
same should not delay, hamper or adversely affect the
implementation of a government project covered by a duly
approved loan agreement with specific time frames or timebound activities. It is our opinion that projects without
extractive and destructive effect are not strictly covered by
the FPIC process. On the contrary, subject projects aim to
conserve and protect biodiversity and other forest and
natural resources, hence, we should all be excited in its
implementation specially the communities as direct
beneficiaries. Section 59 of Republic Act 8371 states that:
Section
59.
Certification
Precondition-all
department and other governmental 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.
Such certificate shall only be issued after a field-based
investigation is conducted by the Ancestral Domain
Office of the area concerned: Provided, That no
certificate shall be issued by the NCIP without the free
and prior informed and written consent of the ICCs/IPs
concerned: Xxxx. (emphasis supplied)
Note that a project which requires an FPIC process was
defined and categorized as those that have extractive and
destructive effect as well as for commercial or gain purposes.
Never would our legislators intended to delay a project that
would conserve and preserve our natural resources.
Please find attached Memorandum of Agreement from NCIP
and a separate draft bearing our own version of the partnership
agreement.
For your information and consideration.

III

RICARDO L. CALDERON, CESO