Application to Certificate of Non-Overlap

Certification of Non-Overlap (CNO) is issued by the NCIP to an applicant if the site covered and affected by any application for concession, license or lease, permit, production-sharing agreement or any programs, projects and activities does not overlap with any ancestral domain area of any Indigenous Cultural Community/ies or Indigenous Peoples (ICCs/IPs).

 Issuance of CNO will last from a minimum of three (3) days to a maximum of 18 days depending upon the situation.

Schedule of Availability of Service:

7:30 a.m. to 6:00 p.m. without noon break including weekends and holidays

Who May Avail of the Service:

Proponent of any type of exploration, exploitation and utilization of natural resources

Requirements:

Application of Certificate of Non-Overlap (CNO) re: Development, Exploration/Exploitation of natural resources which was endorsed by concerned entities such as Mines and Geo-Sciences Bureau (MGB) and Forest Management Bureau (FMB) of the DENR, DOLE, DOE, DPWH, DA, DAR, etc. Endorsement shall include the following:

  • Project profile which shall include: the name and principal business address of the applicant, the contact person, nature and purpose of project, location/indicative map including the name of sitios covered by the project, its impact area and the duration of the project
  • Operational plan and project activities as required by the endorsing agency
  • Other relevant data and documents

Fees/Charges:

FBI fee – the amount depends on the approved Work & Financial Plan (WFP)

CNO fee – (Depends on the Service Center)

How to Avail of the Service:

1.0 If the Application is Found Outside an Ancestral Domain Area Officially Certified by the Regional Director and Concurred by the concerned Commissioner

Step Applicant/client Service provider Duration of activity Person in charge Remarks
1 Files application endorsed by concerned agencies Receipt of application 15 minutes Records officer
2 Review and validation of application Within 2 hours TMSD Focal Person  
3 Prepare Certificate of Non-Overlap 30 minutes TMSD Focal Person  
4 Claim Certificate of Non-Overlap (CNO) Issuance of Certificate of Non-Overlap (CNO) Within 1 day Regional Director  

 

2.0 If the Application is Found in Area/s Occupied by Indigenous Peoples (IPs) but for Verification/Validation if it is an Ancestral Domain or Not

a. Conduct of Pre-Field Based Investigation (FBI) Conference

This pertains to the presentation of activities to be done for the conduct of FBI, preparation and approval of Work & Financial Plan (WFP) and deposits of fees.

Step Applicant/client Service provider Duration of activity Person in charge Remarks
1 Files application endorsed by concerned agencies Receipt of application 15 minutes Records officer  
2 Issues Work Order to concerned Field Office 30 minutes Office of the Regional Director  
3 Attends pre-FBI conference Conducts pre-FBI conference 3 to 4 hours FBI team Composed of 3 staff from the Provincial Office or Community Service Center
4 Secures Order of Payment of FBI fee Issues order of payment 10 minutes Accountant
5

 

Payment of FBI fee

 

Receipt of FBI fee

 

10 minutes

 

Cashier
6 Release of the FBI fee to the concerned field office

 

Within 2 days

 

Finance section thru the cashier

Time includes processing of voucher and check verification & validation by the cashier

 

b. Conduct of Field Based Investigation (FBI), if necessary

This pertains to the on-site inspection and investigation to determine the presence or absence of ICCs/IPs and/or ancestral domain in the areas covered by application for CNO to any concession, license or lease, and permits for the exploration of natural resources.

Step Applicant/client Service provider Duration of activity Person in charge Remarks
1   Conduct of  FBI Within 3-5 days FBI team The duration in the conduct of FBI is dependent upon the area of coverage of the application
2   Preparation and submission of FBI report by concerned field offices to TMSD 2 days FBI team  

 

c. Issuance of Certificate of Non-Overlap (CNO)

Step Applicant/client Service provider Duration of activity Person in charge Remarks
1   Reviews submitted FBI report Within 2 hours TMSD Focal Person  
2   Prepares Certificate of Non-Overlap (CNO) Within 1 hour TMSD focal person  
3 Receives Certificate of Non-Overlap Issues Certificate of Non-Overlap (CNO) Within 1 day Regional Director This is coupled with the signing of an undertaking that the applicant agrees to the conduct of Free Prior Informed Consent (FPIC) if found later that there is an overlap in whole or in part of any Ancestral Domain/Land.