(NAR) VOL. 29 NO. 1/ JANUARY - MARCH 18
1.1 All legitimate and bonafide ICCs/IPs, duly recognized and accredited by the National Commission on Indigenous People, and issued with Certificate of Ancestral Domain Title that host the generating facilities and/or energy resources shall be entitled to the financial benefits under the ER No. 1-94Section 2. Definition of Terms
Program; and
1.2 The financial benefits shall cover the Development and Livelihood and Reforestation, Watershed Management, Health, and Environment Enhancement components of ER 1-94 Funds.
2.1 Ancestral Domains refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas and natural resources therein, held under a claim of ownership, occupied or possessed by the ICCs/IPs by themselves or through their ancestors, communally or Individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individual/corporations and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural and other lands individually owned whether alienable or disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral, and other natural resources, and lands which may no longer be exclusively occupied by the ICCs/IPs but which they traditionally had access to for their subsistence and traditional activities, particularly home ranges of ICCs/Ps who are still nomadic and/or shifting cultivators.Section 3. Coverage of Beneficiaries. To recognize the rights of Indigenous ICCs/IPs on their rights to their ancestral lands and domains, Host Communities under Section 3 of Rule 29 (A) of the EPIRA IRR shall refer to local government units (barangays, municipality/city, province, or region) and Ancestral Domains/Lands of ICCs/IPs where the energy generating facility and/or energy resource is physically located.
2.2 Ancestral Lands refer to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through predecessors-in-interest under claims of individual or traditional group ownership, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individual/ corporations including but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lot.
2.3 Free and Prior Informed Consent shall mean the consensus of all members of the ICCS/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference, coercion and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community.
2.4 Indigenous Cultural Communities/Indigenous People refer to a group of people of homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of territory since time immemorial occupied, possessed and utilized such territories, sharing common language, customs, traditions and other distinctive cultural trails, or who have through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos, ICCs/IPs shall likewise include people who are regarded as indigenous on the account of their descent from the population which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures of the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains.
2.5 Watershed is a land area drained by a stream or fixed body of water and its tributaries having common outlet for surface run-off. It encompasses the topographic and hydrological boundaries of the total land area that contributes to the flow of the water body, upstream of the water tapping point, such as the dam crest.
4.1 The 25% share for development and livelihood fund (DLF) and 25% share of reforestation, watershed management, health and/or environment enhancement fund (RWMHEEF) from the one centavo per kilowatt-hour (P0.01/kWh) of the total electricity sales as financial benefit of the host communities, in non-highly urbanized cities, in non-highly urbanized cities, shall be applied in the following manner:4.2 For highly urbanized cities, financial benefits of host communities, shall be applied in the following manner:
4.1.1 Designated resettlement area/s - 5%
4.1.2 Host barangay/s - 20%
4.1.3 Host municipality/ies - 35%
4.1.4 Host province/s - 30%
4.1.5 Host region/s and - 5%
4.1.6 Host organized ICCs/IPs - 5%
In the absence of designated resettlement area/s, funds allocated for the resettlement shall form part of the host barangay/s.
In the absence of organized legitimate ICCs/IPs, funds allocated for the Host organized ICCs/IPs Community shall form part of the host region.
4.2.1 Designated resettlement area/s - 10%Section 5. Project Implementation and Approval. The evaluation and approval of project proposals work programs endorsed by the host community through the Generation Company and/or energy resource developer under Section 6 Rule
4.2.2 Host Barangay/s - 30%
4.2.3 Host Cities - 55%
4.2.4 Host organized ICCs/IPs - 5%
In the absence of designated resettlement area/s, funds allocated for the resettlement shall form part of the host barangay/s.
In the absence of organized legitimate ICCS/IPs, funds allocated for the host organized ICCs/IPs Community shall forrn part of the host city.
6.1 The DOE shall review and audit the source of fund, particularly on the total electricity sales of the generation facility to determine the financial benefits due to the Host Communities.6.2 In the event of unjustified disbursement of fund and non-completion or delay In the implementation of projects by the Host Communities and the project implementer, the DOE shall defer the releases of funds for subsequently approved projects and take appropriate reasonable measures in accordance with any existing and future government rules and regulations until such time that the Host Communities/project implementer would be able to justify disbursement of funds to the satisfaction of the DOE or deputized/resident auditor of the COA.