Issue: Whether or not AD wide or per Barangay in relation to Assembly and Consensus building process for

FPIC

Ans: It must be AD wide as AD is considered as one Single or undivided unit, barangay is a smallest unit
of government under local government code but not mentioned and recognized in the IPRA law.
Community Assembly must be on a date and place within AD as determined by ICCs/IPs, it cannot be
made on different dates and locations but consensus building-decision making can be on different
schedules but silent on location.

Legal Basis:

Section 4 Part I NCIP AO No.3 Series of 2012

i. Ancestral Domain as a SINGLE UNIT- An Ancestral Domain shall be recognized and treated as
One or Undivided unit

b. Consensus-Building and Decision Making Process- The ICC/IPs through their Indigenous socio-
political structures. They shall affirm the decision of their duly authorized representatives.
Indigenous Political Structures- organizational and cultural leadership systems, institutions,
relationships, patterns and process for decision making and participation identified by ICCs/IPs
such as but not limited to Council of Elders, or any other tribunal or body of similar nature.

f. Primacy of Customary Law – the decision making processes based on customary law as
determined by the ICC/IPs shall be observed and adhered. Customary laws – written or
unwritten rules, usages, customs, and practices traditionally observed, accepted and recognized
by respective ICCs/IPs. Customs and Practices – norms of conduct and patterns of relationships
or usages of a community over time accepted and recognized as binding on all members.

Section 5 Part I NCIP AO No.3 Series of 2012

f. Consensus- Building – socio-political structures and practices in arriving at a

Collective/Communal Decision. Communal/ Collective Decision- No definition but may use
Communal Claims by analogy – refer to claims belonging to the whole community within a
defined territory

m. Resolution of Consent – by affected ICCs/IPs by themselves or through their duly authorized

elders/leaders expressing acceptance

Section 20 Part III NCIP AO No.3 Series of 2012

Who shall exercise the RIGHT to FPIC- All ICCs/IP who are owners of AD
participate in Decision Making in accordance with customary laws, but
affected migrant IPs within AD may participate if expressly allowed by AD
owners

Section 22 Part III NCIP AO No.3 Series of 2012

The First Community Assembly (FCA) shall be held on A Date and Strategic Place
within the AD. The Date and Place of second assembly shall be one of the
agenda. The Second Community Assembly (SCA)shall be held on A date and
 Place within the AD decided upon during the First CA. Towards the end of SCA
the ICCs/IPs shall be left alone to agree on their decision-making /consensus-
building schedules and when to come out with their decision not less than ten
(10) days from the date of the SCA. Non IPs or migrant IPs who are residents of
the AD may only participate if allowed by AD owners in accordance with their
customs and traditions to be made in writing and signed by the authorized
elders/leaders.

Section 50 Part VII – Exercise of priority rights

Community Assembly – of all members of the concerned ICC/IPs under the ff. rules:

a. Every household is entitled to one representative and at least majority of them must be
physically present during community assembly;
b. Majority of the representatives of the community of the identified as responsible to make
decisions for the community are also present
c. If CADT area- the representatives identified in the claim book or majority of them must be
present
d. Public officials, officers, or employees who are members of the community may be allowed
to participate in the community assembly but as ordinary members, elders/leaders or
community representatives.

FPIC- consensus of All members of the ICCs/IPs

Barangay- smallest political unit under local government code for mainstream people not for
indigenous community.

Advantages of AD Wide Assembly/ Consensus building:

1. Majority of the attendees may be fixed and pre-selected. Lesser people to deal with
2. One -day assembly in one location – logistically convenient and easier to talk with attendees
to favor us
3. One team for presentation and open forum
4. Easier to get majority in one AD Vote during consensus building decision making process as
the decision makers are already known and selected
5. Can Select one big closed area that can accommodate and control attendees.

Disadvantages:

1. Attendees of not affected barangays may be influenced by few powerful attendees in affected
barangays on their issues and might sympathize with them.
2. Bigger crowd and larger area needed might be difficult to control
3. Might be infiltrated by other disinterested groups if not properly monitored or if area is open.
4. Difficult to conduct IEC in AD wide due larger crowd and schedules might be conflicting thus we
still need to make smaller groups or per barangay for IEC.
Advantages of per barangay

1. Easier to conduct IEC for we need smaller group

2. Easier to control smaller crowd and issues contained to each barangay
3. Powerful attendees in one barangay cannot influence other barangays

Disadvantages:

1. Costly and difficult to conduct assembly as we need to form at least three teams during
presentation and we need four days to conduct assembly.
2. Powerful individuals can influence vote of the whole barangay on his issues
3. One vote per barangay we need to get majority of representatives of all barangays,
attendees cannot be predetermined as generally all IPs may be invited during barangay
assembly so we need to talk to more people on each barangay
4. We need to visit all households to campaign
5. We need to get champions for each barangay to represent us during assembly
6. Difficult to assess the vote per barangay if we could not control attendees
7. Violative of AD as a single unit as it was divided into 12 groups