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All Jurisprudence based

0 tracked cards Political and Public International Law

An ancestral domain belonging to the Bakunawa ICC/IP in a southern province has no CADT title. A multinational solar-energy developer intends to construct a solar farm and related transmission lines within the domain. The NCIP has not issued Free, Prior and Informed Consent (FPIC) nor CADT recognition. The provincial government issued an environmental clearance and a general development permit, citing renewable energy goals and economic development. The Bakunawa ICC/IP objects, arguing that RA 8371 requires FPIC before any resource development within ancestral domain and that a permit issued without FPIC is invalid. The company proceeds with site surveys and initial clearing. A civil action is filed to stop the activity. (a) Identify the controlling doctrine and primary rule under RA 8371 governing rights to ancestral domain and FPIC. (b) Distinguish how FPIC interacts with government licensing and CADT recognition. (c) Apply to these facts: Can the solar farm activity legally proceed? What remedies are available to the Bakunawa ICC/IP and what are the potential consequences for the permit and the company?

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Free, Prior and Informed Consent is a mandatory precondition that cannot be bypassed by LGU licensing or lack of CADT; without FPIC the activity is void and the ICC/IP may seek injunctive relief; NCIP must secure FPIC or suspend the project. CADT recognition is a prerequisite to assert any rights; without CADT the ICC/IP has no enforceable rights over resources within the domain, making FPIC unnecessary. The project may proceed if the developer offers a voluntary benefit-sharing arrangement to the ICC/IP, even without FPIC. If FPIC is not secured, the remedy is to file a writ of certiorari to review the LGU decision, after development has begun.

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