NATIONAL COMMIS$ION ON INDIGENOUSww\,v.ncip.gov.ph

PEOPLES

Republic of the PhilippinesOTFICE OF THE PRESIDENTNATIONAL COMMISSION OI"I INDIGENOUS PEOPLES2nd Flr. N" dela Merced Bldg., Corner West & Quezon Aves., Quezon City

The lndigenous Knowledge System

and Practices (lKSPs) and Customary

Laws (CLs) Research and

Documentation Guidelines af 2ALz

NCIP Administrative Order No.$eries of 2012

l$"epubtir sf tbe lFbitip$inEsOIIice of the President

N.ATIONAL C{)MMISSION ON INDIGENOUS PEO}'LES2nd Flr, N- d6la Merced Bldg., corner We$t & ()uezan Aves, ()ueo. City

febfax. nos" 373-9534 * 373-9787 - Trunk Line no. S7S-12OOWebsate: le"ncap,gov.ph Emalt: resource@ncip.goy,ph

NGIP Administrative Order No. 1

Series of 2012

CHAIRPERSON

Ms. Zenaida Brigida H. PawidCOMMISSIONERS

Atty. Percy A. Brawner

Ms. Conchita C. Calzado

l4s. Dionesia O. Banua

Atty. Roque N. Agton, Jr.

N4r. Cosme l\4. Lambayon

lvlr. Santos M. UnsadEXECUTIVE DIRECTOR

Atty. Basilio A. WandagBUREAU DIRECTORS

Atty. Jonathan D. Adaci

AW. Jeanette A. Florita

Mr. Masli A. Quilaman

Atty. Leilene Marie C. callardo

Mr. Darrow P. Odsey

Ms. Marie Grace T. Pascua

Mr. Carlos P. Buasen, Jr.REGIONAL DIRECTORS

Engr. Sancho S. BuquingActing Regional Director

Mr. Ruben S. BasteroAdi ng Reg io na I Di recto r

Atty. Amador P. Batay-an

Atty. Ronaldo lY. DaquioagActi ng Reg io na I Diredo r

Mr. Roberto L. AlmonteAding Regional Director

Ms. Lee T, Arroyo

Mr. Alfonso B. Catolin

Mr. Salong M. SunggodActing Regional Arector

Atty. Pinky Grace P. PabelicActi n g R eg io na I Director

Atty. Leonor O. QuintayoActing Rqional Dhedor

lYr. Woy Lim P. WongActing Regional Diredor

Mr. Dominador M. GomezAding Regional Dhector

. Region II

. Region III and rest of Luzon

o Island Group and the rest of the Visayas. Southern & Eastern Mindanao

. North Western Mindanao

. Central Mindanao

. Acting EYecutive Diredor

575-12-00 Loc. 1005

575-12-00 Loc, 1006

575-72-00 Loc. 1007

575-12-00 Loc. 1008

575-12-00 Loc, 1009

575-12-00 Loc. 1010

373-95-34 I 575-12-00 Loc. 1012

NCIP OFFICIALS

. Cordillera Administrative Region and Region I 373-97-97 I 373-97-65

. Ancestral Domains Office 373-99-47 I 575-12-OO loc, 1017

. OIC, Legal Affairs Office 374-59-St I 575-12-00 toc. 1Ot9

. Policy, Planning & Research Office 373-96-36 I 575-LZ-OOloc, lO22

. Empowerment & Human Rights Office 373-96-57 I 575-12-00 loc. 1025

. Financial & Administrative Office 373-99-65 I S7S-LZ-OO loc. LOZT

. Education, Culture & Heatth Omce 374-59-50 I 575-12-00 loc. 1036

. Socio-Economic Seruices & Special Concerns 373-95-36 I 575-12-00 loc. 1039

Cordillera Administrative Region2nd and 3d Floor, Lyman Ogilby Centrum (Annex)Episcopal Diocese of Nofth Central philippines (EDNCP) Compound#358 Magsaysay Ave., Baguio CityTel. Fax (074) 422-47-73Baguio Prov'l Office (074) 300-3753 / (074) 422-L826Abra Prov'l Office (074) 752-8029 (fax)

Region I2/f Martinez Bldg., Quezon Ave., San Fernando, La Union, 2500Iel. # (072)700-41-2s

Region UNo. 3 Rajah Soliman St.San Gabriel Village, Tuguegarao, Cagayan, 3500 Fax (078) 844-6796Tel. # TMSD (078) 844-75-93 AFSD Chief(078) 8214-06-90

Region IIIK and L Building. Consunji St., San Fernando, pampanga, 2O0OTel. # (0a5) 963-21-51 / 961-59-56 (fax)

Region Iv3lf 574 Argo BIdg., EDSA cor. p. Tuazon Avenue, euezon CityTel. # (02) 439-7s57

Region VBasilio-Orobia Bldg., Rotary Road, San Roque, Iriga CityTel. # (0s4) 299-27s2 | (054) 299-6167 (fax)

Region VI & VU3'd Flr. CPBC Centennial Bldg., Fajardo St., Jaro, Ilo-ilo CityTel. # (033) s09-98-15/ Fax (033) 329-44-82-Admin Fin.

R€gion IXP.L. Urro St., Pagadlan CityTel. # Fax (062)274-41-611 (062) 3s3-10-72

Region X3d & 4h flr. Halasan Bldg. cor. Tiano & del pilar Sts., Cagayan de Oro CityTel. # (08822) 72-15-0ol Fax (08822) 71-07-2s

Region xIE. Valeroso Bldg., EB Lopez St., Sandawa plaza, SIR New Matina, Davao City, gO00

Tel. # ADO (082) 298-04-95 Acctg. 298-29-5TDirectot 298-29-42 (tax)Admin 299-41-00

Region XIIDionisio Bldg.. Arellano St., Koronadal CityTelfax # (083) s20-0162 / (083) s20-0813 / (os3) 228-8393

Region XIII (CARAGA Administrative Region)Intino Bldg., l,C. Aquino Ave., Butuan City, 8600Tel. # Ms. Vistan (085)-342-3114 Admin 341-6785 (fax) TMSD 342-4458Hearing Officer 815-2036

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The lndigenous Knowledge Systems and Practices (lKSPs)and Customary Laws (CLs) Research and Documentation Guidelinesot 2012

I. PRELIMINARY PROVISIONS

Section 1. Title. This Guidelines shall be known as "Thelndigenous Knowledge Systems and Practices (lKSPs) and CustomaryLaws (CLs) Research and Documentation Guidelines of 2012|'

Section 2. Legal Bases. This Guidelines is hereby promulgatedpursuant to the Constitution, Republic Act No. 8371 and other pertinentand applicable laws, international covenants, treaties and declarations.

Section 3. Policy Statement. lt is the policy of the Commission

Promote, protect and recognize the rights of lndigenousCultural Communities/lndigenous Peoples (lCCs/lPs) tocultural integrity and to prescribe protection mechanisms atthe international and national government levels and withinthe context of relevant customary laws;

Ensure and guarantee the due exercise by the concernedlCCs/lPs of their right to allow or reject, through free and priorinformed consent (FPIC), research and documentation oftheir IKSPs and customary laws and their derivatives; and

Regulate the use of IKSPs and customary laws, and ensurethat the lCCs/lPs benefit from the use of research output /outcome.

Section 4. Operating Principles. ln the conduct of research anddocumentation of IKSPs and customary laws, the following principles shallbe observed:

a. Self-determination. lCCs/lPs have the right to determine anddecide their own priorities for development affecting their lives,beliefs, institutions, spiritualwell-being, and the land they own,occupy and use, and to freely pursue their economic, social,and cultural development. lCCs/lPs shall participate in theformulation, implementation and evaluation of policies, plans,and programs for national, regional, and local development,

which may directty affect them. The regulation of access tocommunity intellectual property and other resources arebased on the recognition of ownership of these communitiesover their ancestral domains/lands.

Ownership and Custody (knowledge-holders/living masters)of lKSPs. IKSPs are owned by the lCCs/lPs as their collectiveproperty and are an inherent part of their cultural patrimony.lndividuals or specific families may, however, serve as"custodians"/holders of the IKSPs on behalf of the communityin accordance with its customary laws.

IKSPs as sui generis. IKSPs belong to a class of its ownand are the collective property of the lCCs/lPs. Therefore theauthor, composer, inventor, writer, choreographer, arranger,lyricist, owner, first user, or prpacher is not one individual butalt the members of the community who belong to the past,present and future generations.

Free and Prior lnformed Consent (FPIC). The FPIC of thelCCs/lPs to any research activity that affects them shall besecured before any such activity/ies may commence. This is in

recognition to their intellectual contribution in the developmentof knowledge, and their rights over these knowledge andresources. Accordingly, their voluntary consent should bebased on informed opinion, which means that they shouldbe fully informed what the activity/research is all about, whatare the resources that will be gathered, and the aspects ofbenefit-sharing, among other concerns.

Equitable sharing of benefits. Arrangements over benefitsharing are tied to the recognition by the State of the rightsof the lCCs/lPs over their ancestral domains, the resourcestherein, and the past, present and future tangible andintangible cultural heritage including the derivatives, of theirlKSPs. The State shall ensure equitable sharing of benefitsarising from the generation and utilization of knowledge,innovations and practices of lCCs/lPs embodying traditionallifestyles. lnnovative forms and formula for benefit-sharingthat are acceptable to all parties shall be developed.

Benefits need not necessarily come in monetary termsnor should it be confined to share in the royalties or up-front payments. Non-monetary forms of benefits should beexplored. ln cases where provision for technology transfer is

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provided, such technology transfer shall not be limited to thelevel of scientists and researchers but should primarily extendto the members of the indigenous cultural community.

Protection of Community lntellectual Rights, CulturalResourcesffreasures and Traditional Cultural Expressions.The lCCs/lPsl community intellectual rights, culturalresources/treasures, religious, cultural sites and ceremoniesshall be recognized, respected, promoted and protected fromany adverse impact arising from the research activity. Assuch, actions to identify these adverse risks and impacts mustbe made and fully disclosed to the community concernedand measures for the elimination of the occurrence of suchrisks and adverse impacts, or their mitigation must be putin place. Furthermore, the"lCCs/lPs shall have the sole andexclusive right to determine the extent, content or mannerof presentation of the information or knowledge that may bepublished or communicated with regard to their religious andcultural beliefs, rituals and/or ceremonial objects and heritagesites.

Diversity and Uniqueness of the Culture of lCCs/lPs. Thediversity of cultures, traditions, beliefs and aspirations,institutions, leadership and decision making systems of lCCs/lPs shall be recognized and fostered in openness, mutualrespect and peaceful co-existence. Research must showappreciation of the unique cultures, histories, traditions,beliefs, languages, institutions and world views of the lCcsilPs as sources of collective strengths, and shall not be usedto sow divisiveness, disunity or discord in society.

Participatory. The full participation of the lCCs/lPs, beingthe culture-bearers/owners, in all levels and stages of theresearch shall be required. The nature and dynamics ofparticipation of concerned stakeholders shall strictly adhereto customary laws.

Culture Sensitivity. The cultural peculiarities and specificcircumstances of particular lcCs/lPs shall be respected andgiven due consideration. Research activities should focus onhelping correct historical injustices inflicted on lCCs/lPs sincetime immemorial and facilitate safeguarding of their culturaland historical heritage.

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Section 5. Objectives. This Guidelines is promulgated to achievethe following objectives:

a. Promote ethical standards in the conduct and implementationof research concerning lCCs/lPs, their ancestral domains/lands, culture and other resources;

b. Establish a framework for the conduct, monitoring andevaluation of researches concerning lCCs/lPs, their ancestraldomains/lands, cultural resources/treasures and traditionalcultural expressions, including mechanisms for the protectionand promotion thereof;

c. Set the requirements and procedures for ensuring the freeand prior informed decision of the lCCs/lPs on any researchactivity affecting them, their ancestral domains/lands, culturalresources/treasures and traditional cultural expressions;

d. Establish a community registry and/or lP databanksafeguard products or outcomes including derivatives,research/docu mentation activities ;

e. lnstitutionalize the sustainability of indigenous knowledgesystems and practices and customary laws throughcultural resiliency, intergenerational responsibility and re-indigenization;

f. ldentify, recognize and appropriately register the ownership ofIKSPs by the lCCs/lPs or the IKSP holders and determine theapplicability of customary laws.

Section 6. Definition of Terms. For purposes of this Guidelines,the following terms shall be defined:

Bioprospecting. lt is the research, collection and utilizationof biological and genetic resources for purposes of applyingthe knowledge derived therefrom solelyc. for commercialpurposes.

Gertificate of Validation. lt is the certification issued by theauthorized lP representatives evidencing that the communityis satisfied with the content, extent and manner of presentationof the information or knowledge that may be published orcommunicated.

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c. Community. lt refers to the lndigenous Cultural Community.

Community Property Rights. lt is the lCCsl entitlement tothe recognition of the full ownership and control and protectionof their cultural and intellectual rights as embodied in Sec. 32of IPRA.

Customary Laws. lt is a body of written and/or unwrittenrules, usages, customs and practices traditionally andcontinually recognized, accepted and observed by respectivelCCs/lPs.

lndigenous Knowledge Systems and Practices. Theseare systems, institutions, mechanisms, and technologiescomprising a unique body of knowledge evolved through timethat embody patterns of relationships between and amongpeoples and between peoples, their lands and resourceenvironment, including such spheres of relationships whichmay include social, political, cultural, economic, religiousspheres, and which are the direct outcome of the indigenouspeoples, responses to certain needs consisting of adaptivemechanisms which have allowed indigenous peoples tosurvive and thrive within their given socio-cultural andbiophysical conditions.

IKSP research. lt is the gathering and analysis of data,information and facts, with the active and full participationof the lCCs/lPs, on the ICCs/lPs! IKSP andior life ways forpurposes of gaining knowledge and understanding for itsadvancement and enhancement, advocacy, basis for policy,plans and programs, decision making and for the continuityand protection of cultural integrity. lt includes the four Rs; 1)Recover that from which is possible; 2) Reaffirm that which isrelevant; 3) Readopt that which is necessary for the cultureand; 4) Recreate or regenerate that which is required throughnew things.

IKSP or customary law documentation. lt is a process or atechnique to support the IKSP or customary law research or astandalone tool to serve as evidence to support the existenceof IKSP and customary laws.

IKSP as Sui Generis. This means that IKSPs are "a class ofits own" and the collective property of the lC/lP communityand therefore the author, composer, inventor, writer,

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choreographer, arranger, lyricist, owner, first user, or preacheris not one individuat but all the members of the communitywho belong to the past, present and future generations.

Material Benefit. lt refers to any type of benefit due the lPcommunity and it may in the form of money, goods, or services.It also includes royalty, shares from its commercialization, andother benefits.

Pu blication. lt refers to pri nted docu mentation or reprod uctionof textual graphics or visual materials in print, tri-media or anyprivate documentaries for public use or in any dlgital formpublished in the internet.

II. PROJECTS ORACTIVITIES COVERED

Section 7. Scope and Coverage. This Guidelines shall cover thefollowing researches/docu mentation :

a. Community initiated or solicited researches. Researchactivities solicited, commissioned or conducted by theconcerned lCCs/lPs themselves to be undertaken within oraffecting the ancestral domain.

b. Academic Researches. Those conducted pursuant to ascholastic program and/or required to earn a particularacademic accreditation or degree.

c. Researches in Aid of Policy. AII researches conducted for thepurpose of developing policies or programs intended for thebenefit lCCs/lPs.

d. Social Researches. These are researches conducted forthe purpose of understanding the historical and culturalheritage, as well as nature, social relations and dynamics oflP communities, and those involving their various traditionalcultural expressions.

e. Researches necessary to implement the mandates of NCIP.These include all types of researches needed to enforcethe mandates of the NCIP including, but not limited to,those involving delineation of ancestral domains/lands andformulation of ADSDPPs by the NCIP or accredited entitiesand individuals, conduct of FPIC process, those made in aid

of legislative proposals, and researches made in relation to itsfunction as an advisor to the President.

III. PROCEDURES/PROCESSES/METHODS

Section 8. Common Provisions. The procedure ouflined belowshall apply to all researches and documentations, except for the categoryoutlined in:

a. Researches and documentations in aid of delineation andtitling of AD/ALs conducted by NC|P personnel, the tpsthemselves or accredited private entities or individuals;

b. Researches and documentations in aid ofADsDppformulationconducted by NCIP personnel or accredited private entities orindividuals.

ln so far as biological and genetic prospecting and commercialresearch are concerned, the pertinent provisions of NClp AdministrativeOrder No. 3, Series of 2012 shall apply. Researches and documentationconducted by NCIP personnel and lPs for the purposes of delineationand titling of ADs/ALs shall be governed by NCtp Administrative orderNO. 4, Series of 2012. Researches and documentations conducted byNCIP personnel and lPs in aid of ADSDPP formulation shall be governedby the A.O No. 1, Series of 2004.

Section 8.1. Filing of Application and payment of Fees.Researchers/project proponents shall file with the concerned regionaloffice the accomplished application form and paying therein the requiredfiling fee in the amount of Five Hundred Pesos (p 500.00).

The accomplished application form shall be accompanied by the following:

1. Research proposal containing the following:

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identity of the researcherpurpose/rationale of the researchmethodologies or methodsmaterials to be used and data gathering instrumentsscope and limitation of the studysource of fundperiod of research and chronology of activities involveda manifestation agreeing to shoulder the administrative costsincidental to the research activities.

2. An undertaking in good faith executed by the applicantthat he/she will abide by this Guidelines and/or other requirements.

The filing fee herein shall be reviewed every two years.

Section 8.2. Review and Evaluation of the Application. TheTMSD Chief, with the assistance of the Regional Legal Officer, shallreview and evaluate the application, attachments and other supportingdocuments to determine the sufficiency thereof. lf on the basis of objectiveevaluation, the research work proposal is lacking in material points orthere is a need to revi$e the same to make it culturally appropriate, it shallbe communicated and remanded to the researcher for compliance.

Section 8.3. Grounds for Denial. The Regional Director, uponrecommendation of the TMSD Chief and the Regional Legal Officer, shalldeny the application on any of the following grounds:

a The research involves the intrusive and actual experimentationof human persons that will pose an imminent threat to their lifeand limb;

b. lt involves the excavation or destruction of sacred places orworship grounds or other culturally sensitive areas restrictedby tradition;

c. Those that may violate the rights of lCCs/lPs.

Section 8.4. IKSP Team. Upon recommendation of the TMSDChief that the application is sufficient and meritorious, the Regional Directorshall immediately form the IKSP Team. The team shall be composed ofthe Provincial Legal Officer, Community Development Officer and TribalAffairs Assistant having jurisdiction of the area subject of the research.The team shallfacilitate the proceedings provided in this Guidelines.

Section 8.5. Transmittal. lf the application is sufficient, theRegional Director shall send a notice of the sufficiency of the proposed

research application to the applicant and the community through theirelders/leaders. Thereafter, a meeting shall be called for the purpose ofpreparing a Work and Financial Plan(WFP) by the applicant and the IKSPTeam in consultation with the ICC/IP elders/leaders. The WFP shall be

signed by the applicant and approved by the RD.

lf the application is insufficient or denied by reason of any of thegrounds provided in Section 3 hereof, it shall be returned to the applicantindicating therein the reason/s of the denial. The applicant shall have theopportunity to re-file only once.

Section 8.6. Work and Financial Plan; Contents. The Work andFinancial Plan shall contain the following:

a. Expenses for food and transportation of the lC/lP communityelders/leaders and members who will attend meetings,conferences and other activities identified in the succeedingsections;

Documentation expenses (e.9. photo and/or video, cassetterecording, reproduction of documents);

Other logistics costs.

The amount identified in the WFP shall be held by the applicantand to be disbursed for the purposes for which they are intended.

Section 8.7. Conference and Disclosure. Within five (5) daysfrom the approval and signing of the WFP, the IKSP Team shall schedulea conference between the community members and the applicant on adate and at a venue agreed upon by all concerned. The conference shallbe held in order to allow the applicant to present the following:

The purpose/s of the researchParametersMethodologiesMaterialsCost and source of fund of the researchRelated information on the intended research,Benefits that the community may derive from the researchactivityData gathering toolsResearch work plan

Section 8.8. Community Decision-Making. The lCCs/lPsshall be given enough period but not more than thirty (30) days from thetermination of the conference within which to decide and issue a resolutionexpressing their consent or denial, and the grounds thereof to the saidresearch application.

ln case the lCCs/lPs accept the research application, they shall,during the decision-making process, identify the selected key informanUs,the extent of the information that may be disclosed to the researcher,possible restrictions and such terms and conditions which the communitymay deem appropriate, and the authorized signatory to the memorandum

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of agreement. Whenever appropriate, youth and women lP leaders fromthe community shall be involved in the research activities.

ln case of denial by the lCCs/lPs, the IKSP Team shall submit tothe RD a report on proceedings conducted together with the resolution ofdenial by the community.

Section 8.9. MOA Preparation, Negotiation and Signing. Withinfive (5) days from the manifestation by the concerned lCCs/lPs of theirconsent to the research application, a memorandum of agreement (MOA)shall be prepared and negotiated by the parties. The NCIP IKSP Teamshall facilitate and assisting the drafting and negotiation of the terms andconditions of the agreement.

The terms and conditions of the MOA agreed to by all the partiesshall be written in the primary language or dialect spoken and understoodby the lCCs/lPs, and translated into English or Filipino. After final reviewof the MOA by all the parties, the same shall be signed by the authorizedICC/IP representative/s and the researcher. The concerned RegionalDirector shall sign the MOA after submission by the IKSP Team of theirreport. A copy of the MOA shall be furnished the Central Office through theOPPR. The MOA shall be the basis for the issuance of the CertificationPrecondition by the Regional Director.

Section 8.10. Contents of the Memorandum of Agreement.The MOA shall stipulate, among others, the following:

The detailed premises of the agreement;All parties involved;lnclusive dates/duration of the agreement;Rights and responsibilities of the parties;The extent of the information that may be disclosed tothe researcher, possible restrictions and such terms andconditions which the community may deem appropriate;The benefits to be received by the community;Dispute resolution mechanisms and sanctions for non-compliance with the agreement;Other terms and conditions agreed to by the parties.

Section 8.11. Submission of Report. Within ten (10) daysfrom the conduct of the MOA negotiation and signing, the IKSP Teamshall submit to the Regional Director their report and recommendations,together with the resolution of consent issued by the lCCs/lPs and theMOA signed by the parties for hisiher appropriate action.

Section 8.12. lssuance of the Certification Precondition.Within ten (10) days from the submission by the IKSP Team of their reportand favorablerecommendation, the Regional Director shall issue the CertificationPrecondition.

Section 8.13. Extension of Time. ln case the applicant failsto complete the research within the period stipulated, a request forextension may be filed through a letter addressed to the elders/leadersof the community. The grant or denial of said motion shall be embodiedin a resolution. A copy of said letter and resolution shall be furnished theRegionalOffice.

Section 8.14. Output Validation. Within ten (10) days from thecompletion of the research, the researcher shall present the output to thecommunity for validation. The IKSP Team shall facilitate the conduct ofvalidation. The result of the validation shall be contained in a resolutionto be issued by the community indicating therein the lCCs/lPsE generalimpression on the genuineness of the output and compliance to the MOAand research process. A Certificate of Validation shall also be issued bythe lCCs/lPs immediately after the conduct of the validation process.

Section 8.15. Certificate of Validation. The certificate of validationrefers to the certification issued by the authorized ICC/IP representativesevidencing that the researcher presented his/her research output to thecommunity for validation and that the lCCs/lPs are fully satisfied with thecontent, extent and manner of presentation of the information or knowledgethat may be published or communicated.

Section 8.16. Submission of Output.Acopy of the validated andapproved research output shall be submitted to the community registryRegional Office, Central Office, through the OPPR pursuant to Part Vll ofthis Guidelines, and the NCIP CentralOffice Library, through the OECH.

Section 8.17. Publication. The community shall have the sole andexclusive right to determine the extent, content or manner of presentation

of the information or knowledge that may be published or communicated ifthe research output pertains to their religious, cultural beliefs, ceremonialparaphernalia or sites. Such determination must be clearly outlined in thememorandum of agreement or in any document appended thereto andreferred to therein.

Before a research can be published, the researcher must provide

a translation of his/her major findings and recommendations, as wellas the pertinent research documentation, to the indigenous community

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concerned who shall have the right to comment and/or to correct factualdata. A Certificate of Validation shall be necessary before publication.

Section 9. Benefits. The community shall be entifled to materialbenefits as royalty, user fees and other benefits as herein below provided:

Final research output. The researcher shall furnish thecommunity a copy of the final and approved version of theresearch output.

Royalty. This fee is the share of the community from the incomederived from the use of the research output in an amount asprovided in the MOA. Royalty must be paid to the lCCs/lPsfrom any income derived from the use of the research output.

User Fees. This fee is due from commercial users of variousIKSPs or unprotected materials that are not subject tocopyright or any derivative thereof.

Other benefits that redound to the benefit of the entirecommunity. Non- monetary forms that are acceptable to allparties should be explored.

Section 10. Exception to the Process. Sections 8.1 to 8.17and the above requirement on benefits shall not apply to researchesundertaken by pupils and high school students to complete requirementsfor subject courses or in finishing basic education.

Section 11. Researches and Documentations by the NCIp. Forresearches and documentations necessary to implement the mandates ofthe NCIP, the following procedure shall apply:

Section 11.1. Transmittal. The letter of intent, together withthe project proposal containing the purpose, methodology, the processor procedure of the research, shall be submitted to the lP communityconcerned.

Section 11.2. Conference and Disclosure. Within five (S) daysfrom the transmittal of the project proposal, a conference between andamong the community members and NCIP representative/s shall be calledin order to allow the latter to present the following:

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MaterialsBenefits that may be derived by the community from theresearch activityData gathering toolsResearch Work PlanRelated information on the intended research

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Section 11.3. Community Decision-Making. The communityshall be given fifteen (15) days from the termination of the conference tomake a decision whether to accept or deny the proposal.

lf the proposal is accepted, a resolution of acceptance shall be

issued by the community. Otherwise, a resolution of denial shall be issuedby the community stating the reasons therein.

Section 11.4. OutputValidatiort. lmmediately afterthe completionof the research or documentation, the output shall be presented to thecommunity for validation. The IKSP Team shall facilitate the conductof validation. The community shall have the sole and exclusive right todetermine the extent and content of the research and the decision whetherto publish or not the research output. The result of the validation shall be

contained in a resolution to be issued by the community indicating thereinthe community's general impression on the genuineness of the output.

Section 11 .5. Submission of Output. A copy of the validated and

approved research output shall be submitted to the community registry,Regional Office and Central Office, through the OPPR, pursuant to PartVll of this Guidelines.

IV. RESPONSIBILITIES OF THE PARTIES

Section 12. Responsibilities of the Community.

Establish a registryi of completed research output;

lnform and/or orient the researchers of the cultural sensitivitiesof the community (taboos, dos and don'ts);

c. Ensure that all concerned sectors in the community areproperly represented in the consensus building.

Section 13. Responsibilities of the Researcher.

a. Comply faithfully with the provisions of the MOA duly enteredinto between the parties;

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Consider and respect cultural sensitivities of the concernedcommunity;

Observe transparency to the community in the presentation ofthe proposed research and the conduct of all activities relatedthereto;

Submit a copy of the research output to the community andthe NCIP;

Comply with the provisions of this Guidelines.

Section 14. Responsibilities of NCIP.

Ensure compliance with the provisions of this Guidelines;

Facilitate and coordinate the whole activities;

Assist the lPs in the crafting and execution of agreements;

Ensure protection of the rights and benefits of the lps asregards the conduct of research, their degree of participation;

Monitor compliance of the terms and conditions of agreementsentered into;

Ensure that the community intellectual rights of the lCCs/lpson the research output are properly respected and enforced;

Come up with a registry of researchers and researchorganizations with complete profile for monitoring andevaluation purposes;

h. Assist the lCCs/lPs in establishing a registry of research ordocumentation outputs.

V. DISPUTE RESOLUTION/MANAGEMENT

Section 15. In case of conflicUdispute, the principle of primacy ofcustomary laws shall apply. ln all disputes, referral to the council of Elders/Leaders is mandatory and the same shall be resolved in accordance withthe customary mode of dispute seftlement. If unresolved, the parties canresort to the Rules on Procedures, Pleadings and practice before theNCIP (AC #1 series of 2003).

VI. SANCTIONS

Section 16. Failure to comply with the terms and conditions oftheir agreements and violation of any of the provisions of this Guidelinesshall be subject to the following sanctions without prejudice to the filing ofcriminal, civil and administrative proceedings as the case maybe.

Violation by the lP community shall be penalized in accordancewith the customary law of the community;

Violation committed by the Researcher shall constitute aground for the termination of the research activity. An order oftermination shall be issued by the Regional Director after duenotice and hearing;

c. Violation committed by NCIP officers or employees shallsubject him/her to administrative liability.

VII. DATA BANKING

Section 17. Establishment of a Registry of IKSP and CL.Pursuant to Section 46(b) the IPRA, the NCIP shall establish a registryof IKSP AND CL, through the activation of the Research Center underthe OPPR, which shall be the depository of all ethnographic information,including researches and documentations defined under this Guidelines.

ln accordance therewith, any and all researches anddocumentations conducted, whether published or not, initiated or solicitedby the community themselves or by a non-member of the communityshall be filed, registered and recorded with the Community Registry andResearch Center of the OPPR.

The communities shall provide copies of any and all researchesand documentations, approved by them and/or published with theirconsent, pertaining to them and/or conducted within their ancestraldomain, to the appropriate NCIP Regional or Provincial Office and to theCentral office, thru the OPPR-Research Center.

The said copies shall be submitted within thirty (30) days from thevalidation and approval by the community.

The community covered shall likewise maintain its own Registry

of any and all researches on IKSP and CL conducted within and affectingtheir ancestral domain.

15

The OPPR, in coordination with LAO, shall provide the proceduresand guidelines by which these Registries shall be maintained by thecommunity concerned.

The OPPR shall likewise devise the guidelines regarding the useof the research materials and/or works and materials derived therefrom,provided that the right of the community as to the publications of saidresearches, documentations, works and/or materials are respected.The intellectual property rights of its owner and/or its author shall be ofparamount consideration in its publication and/or use by the NClp.

Section 18. Ownership Rights. The rights to researches anddocumentations whether published or unpublished, shall rightfully belongto:

The community, whether initiated, solicited or conducted bythe community themselves, undertaken within or affecting theancestral domain.

The community and the research proponent, joinfly, forresearches or documentations conducted by non-members ofthe community, undertaken within and affecting the communityconcerned and/or its ancestral domain.

They shall have joint rights to allworks and materials resulting fromsuch research, whether or not the same is published or communicated inany medium.

ln the event that the research or documentation output are soughtto be protected by the research proponent such copyright shall involve thecommunity concerned in the said research or documentation.

VIII. FINAL PROVISIONS

Section 19. Specia! Provision. previous documentation andresearch outputs shall be included in the registry of the community andthe NCIP after validating the same with the concerned lCCs/lps.

Section 20. Saving Clause. This Guidelines will not in anymanner adversely affect the rights and benefits of the community underother conventions, recommendations, international treaties, national laws,awards, customs and agreements.

Section 21. Separability Clause. lf any provision of thisGuidelines or the application of such provision to any circumstances isheld invalid, other provisions shall not be affected thereby.

Section 22.Effectivity. ThisAdministrative Order shall take effectfifteen (15) days upon its publication in a newspaper of general circulationand registration atthe UPAdministrative Register, UP Law Center, Diliman,Quezon City, Philippines.

APPROVED, this 15th day of March 2012, Quezon City.

(Sgd.) Atty. PERCY A. BRAWNERCommissioner

(Sgd.) GONCHITA C. CALZADOCommissioner

(Sgd.) DIONESIA O. BANUACommissioner

(Sgd.) SANTOS M. UNSADCommissioner

(Sgd) coSME M. LAMBAYONCommissioner

(Sgd.) Atty. ROQUE N. AGTON, Jr.Commissioner

(Sgd.) ZENAIDA BRIGIDA H. PAWIDChairperson

CAR

Region I

Region ll

Region lll

Region lV

Region V

Region Vl & Vll

Region lX

Region X

Region Xl

Region Xll

Region Xlll

Tel. No. (074)422-4173

Tel. No. (072)700-4125

Tel. No. (078)844-7593

Tel. No. (045) 961-5956

Tel. No. (02)439-1557

Tel. No. (054)200-2752

Tel. No. (033) 509-9815

Tel. No. (062)353-1072

Tel. No. (08822) 7 1 -1 500

Tel. No. (082)298-2942

Tel. No. (083)342-8270

Tel. No. (085)342-8270

For Further inquiries, Contact Any of the NCIP Offices or Visit Our Websitewww.ncip.gov.ohi 202.57.46.781 adis/public/default.aspx

NCIP Ancestral Domains Office2nd Floor N. dela Merced Building

Corner West and Quezon Avenues, euezon CityTel. No. 575-1200|oc.'1015, 1016, or 1017; Emait: omu ado@yahoo.com

NCIP Regional Office

3/F Lyman Ogilby Centrum,Resurrection CompoundMagsaysay Ave., Baguio City

2nd Floor Martinez Bldg.,Quezon Avenue, San Fernando CityLa Union 2500

No. 3 Rajah Soliman St.,San Gabriel Village, Tuguegarao CityCagayan 3500

3rd Floor KL Building,Consunji St., San FernandoPampanga 2000

3rd Floor, Argo Bldg., cornerP. Tuazon Blvd., and EDSA,Cubao, Quezon City

Dr. Minnie T. Arroyo Center forlndigenous Peoples & NCIP Bldg.,Highway 1, San Nicolas, lriga City

2/F, UCPB Bldg.,Cor. Rizal-Libertad Streets, Jarolloilo City 5000

P.L. Urro Street, Pagadian City

3rd & 4th Flr., Halasan Bldg.,Cor. Tiano del Pilar St.,Cagayan de Oro City

E. Valeroso Bldg., SandawaPlazaNew Matina, Davao City 8000

Dionisio Bldg., Arellano St.,Koronadal City 9600

lntino Bldg., JC Aquino Avenue,Butuan City 8600