You Are Here:   ROYAL DECREES > RD CODE 03 >   RD 03-4/ 2018

royal decree

NO. 03-4/March 20, 2018

THE TRIBAL KINGDOM FREE, PRIOR AND INFORMED CONSENT (F.P.I.C.) CODE OF 2018

I, HIS MAJESTY CONSTANCIO A. SALVO, JR./DATU KULUBAN, by the Grace of Almighty God Royal Highness King of the Philippine Archipelago (Maharlika Islands), Supreme Chieftain/National Chieftain/Tribal President of all Tribal Datus and Indigenous Peoples/I.C.C.’s of 110 Tribes, Tribal Babaylanon King from Generation to Generations, 5 Star General of H-GOI/ Chief of Staff/ H-WORLD UN-PI, and the Head King of Queens Kingdom

 

Pursuant to Clause 46, Chapter II, of the Tribal Kingdom’s Royal Charter, and Clause 38 of its By-laws, and the Rule 3 of the Royal Decree No. 4/2017

 

 

HEREBY DECREE  

 

CHAPTER I

GENERAL PROVISIONS

 

Section 1- Title. This Royal Decree shall be known as “The Tribal Kingdom Free, Prior and Informed Consent (F.P.I.C.) Code of 2018”.

 

Section 2- Declaration of Policy. This procedure aims to secure the rights of the indigenous peoples of the Tribal Kingdom regarding resource development contracts or agreements. And that requiring F.P.I.C. of the H.M.R.H.K/Crown of the Philippine Archipelago in connection with requests for authorization, privilege, or agreement to implement and operate programs, activities, or projects affecting the territories of the Tribal Kingdom.

 

Section 3- Operating Principles. Shall observe the following operating principle of this Decree:

 

a. Autonomy. The ability of the Crown to implement and pursue the economic, social, and cultural development of indigenous people, as well as the practice of a justice system and peacemaking processes through self-determination, shall be respected and acknowledged.  

 

b. Decision-Making Process. Through the Royal authority and sovereign power of the Crown, F.P.I.C. shall be decided by the       H.M.R.H.K. No programs and projects are to be taken unless it is authorized by the Royal Prerogative, including the development and utilization of the natural resources within the territory in accordance with the tribal customs and traditions. 

 

c. Peacemaking. The F.P.I.C. shall be the process of building peaceful settlements and resolving issues to obtain peace, harmony, understanding, unity, and security among the indigenous peoples of the Tribal Kingdom.

 

d. Primacy of Customary and Natural Law. The conduct of the F.P.I.C. process shall recognize the importance of customary law and the natural law of the land.    

 

e. Primacy of Territorial Integrity. Shall recognize the entirety and oneness of the tribal sovereignty over the declared territories of the Tribal Kingdom upon the conduct of the F.P.I.C. process to ensure territorial protection and responsible development that will benefit the present and future generations.   

 

Section 4- Definition of Terms. The definitions of terms found in Royal Decree No. 03-3/2018 are hereby adopted, including the terms defined herein below:   

 

a. Free, Prior and Informed Consent (F.P.I.C.). This refers to the decision-making process established by the Crown, which is determined in accordance with the respective customary laws and practices that is free from external manipulation, interference, and coercion and obtained after fully disclosing the intent and scope of the program/project/activity, in a language and process understandable to the community. The FPIC is given upon the signing of the Memorandum of Agreement (MOA) containing the conditions/requirements, benefits as well as penalties of agreeing parties as a basis for the consent.    

 

b. Certificate of Authorization. It refers to the Certificate issued by the Crown expressing His acceptance of the program, project, or activity.

 

c. Territories. It refers to the territory in every city or municipality of the Philippine Archipelago covered by the rule of law of the Tribal Kingdom.

 

d. Bioprospecting. The research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived there from intended, or later used, for commercial purposes. 

 

CHAPTER II

PROGRAMS, ACTIVITIES, OR PROJECTS COVERED BY FPIC

 

Section 5- Coverage. The F.P.I.C. process covers all the territories of the Tribal Kingdom. Any of the following proposed programs, activities, or projects shall undergo the F.P.I.C. process prescribed in Chapter III and Chapter V of this Decree:      

 

1. Large-Scale development, exploitation, and utilization of land, water, air, and other natural resources within territories;

 

2. Small-scale exploitation and utilization of land, water, and natural resources within the territories;

 

3. Examination of minerals and energy sources within the territories;

 

4. Programs, projects, and activities that may result in the displacement or relocation of indigenous peoples;

 

5. Relocation programs or projects run by the state government or one of its agencies that may introduce migrants to territories, whether permanent or temporary;

 

6. Bioprospecting or biological survey activities;

 

7. Industrial and commercial land use, including the establishment of economic zones;  

 

8. Projects, programs, or activities from the state government, corporations, private persons, institutions, and foreign entities; 

 

9. Large-scale tourism projects;

 

10. Large-scale agricultural and forestry management projects;  

 

11. Activities that would affect indigenous peoples’ spiritual and religious traditions, customs, and ceremonies, including ceremonial objects or access to religious and cultural sites, archeological explorations, digging, and excavations within the territories; and

 

12. Other activities similar to the preceding.   

 

CHAPTER III

F.P.I.C REQUIREMENTS

 

 

Section 6- Customary Share. Upon entry of preceding projects, programs, or activities stated in Section 5, Chapter II of this Decree, they shall give a 3% share of their net revenue to the Crown quarterly except for those programs or activities that don’t have profits or are non-commercial. Such a share is a customary practice adhering to the tribal customs and the Natural law of the land.  

 

Section 7- Pamahandi. Before the signing and official implementation of programs, projects, or activities specified in Section 5, Chapter II of this Decree, it shall be necessary to give a Pamahandi to the Crown which is not less than 10,000.00 pesos and an off-limit amount of Pamahandi to be offered before the Ritual Ceremony.  

 

Section 8- Panampuda. A customary practice in which the Royal Council members shall oblige to provide a Pamahandi worth 100 pesos and an off-limit amount to be given by their consorts during the conduct of F.P.I.C.   

 

Section 9- Minor Amay Magbabaya. Requisites for Minor Amay Magbabaya practice shall be 3/5/7/12 pieces of chicken depending on the demand of the officiating Tribal Baylan, seven coins, and three white candles.

 

Section 10- Major Amay Magbabaya. Requirements for Major Amay Magbabaya practice shall be 1/3/5/7/12 pieces of four-footed animals depending on the demand of the officiating Tribal Baylan, seven coins, and three white candles. 

 

CHAPTER IV

F.P.I.C Team

 

 

Section 11- Creation and Composition of F.P.I.C Team. The F.P.I.C Team shall comprise a Chairman, HMQ General Secretary, Finance Director, two Vice-chairmen, and twenty-four members with designated ranks and functions. The Chairman will be the H.M.R.H.K itself, and the HMQ General Secretary is the appointed general secretary of the Tribal Kingdom. In addition, the Chairman shall appoint the Financial Director, two Vice-Chairman, and the twenty-four members of the F.P.I.C Team.

 

Section 12- Divisions of F.P.I.C Team. The F.P.I.C Team shall divide into two divisions, set A & B. The following groups of each division shall consist as follows:

 

a. The Monitoring Group compose of a Monitoring Chief and two Monitoring Assistants;  

 

b. The Legal Group with a Legal Chief and two Legal Assistants;  

 

c. The Finance Group comprised by Accounting Manager and two Accountants; and

 

d. The Customary Teaching Group composes of a Chief Educator and two Sub-Educators. 

 

Section 13- Duties and Functions of the F.P.I.C. Team. The F.P.I.C Team shall:

 

a. Monitor and evaluate all the proposed and approved projects, programs, or activities covered by the F.P.I.C;  

 

b. Ensures the implementation of policies and practices of the F.P.I.C process;  

 

c. Provide information enabling management to make the necessary assessments and develop implementation progress to make quick decisions;    

 

d. In charge of financial management of the F.P.I.C. process. Including the preparation of financial statements and bookkeeping accounts during the conduct of F.P.I.C;  

 

e. Responsible for litigation, claims, defense work, risk assessment, and managing the legal consequences of projects, programs, or activities disputes and failures;

 

f. Educate the customary practices and the Natural law of the land as essential to the F.P.I.C process; and 

 

g. Guarantee transaction support, including contracting and compliance with the F.P.I.C process. 

 

Section 14- Meetings of the F.P.I.C Teams. The Meetings of the F.P.I.C Teams shall consist of the following;

 

a. Regular Meetings shall be held quarterly at the principal office of the Tribal Kingdom. During this meeting, all divisions must submit reports of their three months of operation of the F.P.I.C conduct;

 

b. Division Meetings shall occur upon the beginning of proposed projects, programs, or activities that arise from the ground, including their implementation, managed by both divisions. The venue and schedule of such a meeting shall depend on the preference of the Chairman; and

 

c. Emergency Meetings shall happen in each division when there is a necessary action to be taken by the Chairman.   

 

Section 15- Conduct of Meetings. The conduct of meetings of the F.P.I.C Teams specified in Section 14 of this Decree shall be presided over by the Chairman of the F.P.I.C Team. If the Chairman is not present, he will appoint one of the Vice-Chairman of the Divisions via teleconference to preside over the meeting.

 

Section 16- Tenure of Office. The tenure of office of the appointed tribal officers and members of the F.P.I.C Team shall be perpetual, subject to Clauses 22 and 34 of the Tribal Kingdom By-laws. 

 

CHAPTER V

CONDUCT OF F.P.I.C

  

Section 17- Beginning of the Project, Program, or Activity. Shall begin with submitting the proposed project, program, or activity, including its brief description, to the Legal Group of the F.P.I.C Team for familiarity, identification of participants, and registration.

 

Section 18- Determine the Source of Information. The Monitoring Group of the F.P.I.C Team shall be responsible for determining the source of information of the submitted proposed project, program, or activity, including the assessment and documentation to the ground.    

 

Section 19- Reporting of the Project, Program, or Activity. Reporting of the submitted proposed project, program, or activity shall be prepared by the Legal Group and shall deliver to the Division's Vice-Chairman after the preparation. The Division Vice-Chairman shall likewise present it to the Chairman of the F.P.I.C Team for approval.    ​

 

Section 20- Acceptance and Rejection. After receiving the report from the Division Vice-Chairman, the Chairman shall decide whether to approve or reject the proposed project, program, or activity. Suppose the suggested project, program, or activity is accepted. In that case, the HMQ General Secretary will notify the Vice-Chairman of the concerned Division for the schedule and venue of the Division Meeting. Before the meeting, the Vice-Chairman will direct its Legal Group to prepare the MOA subject to the process of the F.P.I.C.

 

Rejection of the proposed project, program, or activity, the HMQ General Secretary shall notify the concerned division for review and information to the affected party. Division Management will inform the party concerned about the rejection of its proposal.

 

Section 21- Finalization of the MOA and Preparation of the Official Signing. The Chairman shall approve the final draft of the MOA if He is satisfied with the outcome of the terms and conditions presented by the Legal Group during the Division Meeting. After he approves the final draft, next shall be the preparatory measures for the official signing and implementation of the project, program, or activity.

 

Section 22- Compliance and Education of the Tribal Customary Practice. Customary Teaching Group shall conduct a seminar for the participant regarding the practice, customs, and traditions of the Tribes, including the information and compliance with the F.P.I.C. requirements.

 

Section 23- Official Signing of MOA. Shall officially sign MOA through a ceremonial program, which includes the Panampuda and the Minor or Major Amay Magbabaya practice.    

 

Section 24- Issuance of Certificate of Authorization. In the event that the H.M.R.H.K officially signs the MOA, He shall issue a Certificate of Authorization that includes the name of the company/organization/or corporation and the scope of its project, program, or activity. In addition, the COA will be stamped with a Certification Mark and be sealed by a Common Seal of the Tribal Kingdom, proving the document's genuineness and legality.

 

Section 25- Validity, Revocation, and Renewal of the COA. The validity of the Certificate of Authorization issued by the H.M.R.H.K shall be at ten years effectivity, and the revocation of the said COA will be subject to Section 30 of this Decree. Project, program, or activity subject to renewal shall submit an appeal to the Legal Group of the F.P.I.C Team.    

  

 

CHAPTER VI

TRIBAL KINGDOM-ORIGINATED PROJECTS, PROGRAMS, AND ACTIVITIES

 

 

Section 26- Originated Programs, Projects, and Activities of the Tribal Kingdom. Programs, projects, and Activities commenced or originated and managed by the Tribal Kingdom shall not require F.P.I.C.    

 

 

CHAPTER VII

MEMORANDUM OF AGREEMENT

 

 

Section 27- Contents of the Memorandum of Agreement. The MOA shall stipulate the following:  

 

a. Purpose of the agreement, which includes the names of all parties involved, scope of work, financial obligations, dates of the agreement, and key contacts;  

 

b. Detailed outline of roles and responsibilities of the participant as well as the host indigenous community;

 

c. Type of benefits, specific target beneficiaries as a number, and other pertinent information that could guide the future monitoring and evaluation of the MOA;   

 

d. Length or duration of the agreement;  

 

e. Detailed measures to protect the rights and value systems of the indigenous peoples;  

 

f. Detailed measures to conserve/protect the affected portion of the territory critical for watersheds, mangroves, wildlife, sanctuaries, forest cover, and the like;

 

g. Whether the Tribal Kingdom shall require another FPIC to be conducted in case of an additional project implemented by the concerned participant or joint venture;       

 

h. Remedies and/or Penalties for non-compliance or violation of the terms and conditions, which includes applicability of customary laws and impositions of sanction/s; 

 

i. Modification and termination; and

 

j. Signatories of principals and witnesses.

 

Section 28- Complaint related to the Memorandum of Agreement. Any complaint involving the interpretation and implementation of the MOA shall be filed with the appropriate Division of the F.P.I.C Team for disposition.   

 

 

CHAPTER VIII

PUNISHABLE ACTS

 

 

Section 29- Failure to Comply with the F.P.I.C Requirements and Violation of the Terms of the MOA. Cancellation of the Certificate of Authorization and Tugpong/Tunglo or curse by nature that may result in clan vanishments to any party/person who willfully violates or fails to comply with one of the F.P.I.C requirements stated in Chapter III of this Decree, including failure of duty or obligation under the provisions of the MOA. Applicability of customary laws and practices and imposition of sanctions through the tribal legal system of the Tribal Kingdom shall also follow.

 

 

CHAPTER IX

FINAL PROVISION

 

Section 30- Regulatory Provision. Any provisions contradicting or contravening this Royal Decree shall be considered null and void.   

 

Section 31- Effectivity. This Royal Decree shall take effect immediately.

 

 

                                                                                            The Royal Palace, Bukidnon, 20 March 2018.

 

 

                                                                                 By Authority Under the H.M.R.H.K’s Sign Manual and Seal

  

                                                                                                                           (S.G.D)

                                                                                                       His Majesty Royal Highness King

                                                                                         CONSTANCIO A. SALVO, JR./ DATU KULUBAN

 

 

 Countersigned by the Administering Body of the Tribal Kingdom

                Executive Tribal Kings Staff of Royal Council

                                          

 

(S.G.D)

KING CORNELIO C. LUMASAY/ DATU MANTULTULAN 

 

  

(S.G.D)

KING ARVIN B. AMORES/ DATU INTUNDA SALUNAY

 

       

(S.G.D)

KING RODOLFO B. PONCE/ DATU SINDULAN  

 

 

 

 

                                                                                           The Drafter and the copy is valued for publication 

                                                                                                  Royal Palace, Bukidnon, 20 March 2018

                                                                                           HMQ General Secretary of the Tribal Kingdom

                                                                                                                          Signature

  

                                                                                                                             (S.G.D)

                                                                                          HMQ ANGEL A. ESPALTERO/ BAI MAGSUSULAT

 

The Common Seal of the Tribal Kingdom: