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    Doj Ncip Moa 001-2005

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    knowingthevoid
    This memorandum of agreement establishes coordination between the Department of Justice and the National Commission on Indigenous Peoples regarding the investigation and prosecution of offenses involving indigenous peoples. It provides that DOJ prosecutors will review pending cases involving natural resource laws with consideration for indigenous peoples' rights. It also provides that DOJ prosecutors and NCIP legal officers will closely coordinate in preliminary investigations and prosecutions of offenses under the Indigenous Peoples Rights Act. The NCIP legal officers may be deputized by DOJ during investigations and prosecutions.

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    Doj Ncip Moa 001-2005

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    knowingthevoid
    396 views2 pages
    This memorandum of agreement establishes coordination between the Department of Justice and the National Commission on Indigenous Peoples regarding the investigation and prosecution of offenses involving indigenous peoples. It provides that DOJ prosecutors will review pending cases involving natural resource laws with consideration for indigenous peoples' rights. It also provides that DOJ prosecutors and NCIP legal officers will closely coordinate in preliminary investigations and prosecutions of offenses under the Indigenous Peoples Rights Act. The NCIP legal officers may be deputized by DOJ during investigations and prosecutions.

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    This memorandum of agreement establishes coordination between the Department of Justice and the National Commission on Indigenous Peoples regarding the investigation and prosecution of offenses involving indigenous peoples. It provides that DOJ prosecutors will review pending cases involving natural resource laws with consideration for indigenous peoples' rights. It also provides that DOJ prosecutors and NCIP legal officers will closely coordinate in preliminary investigations and prosecutions of offenses under the Indigenous Peoples Rights Act. The NCIP legal officers may be deputized by DOJ during investigations and prosecutions.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    396 views2 pages

    Doj Ncip Moa 001-2005

    Uploaded by

    knowingthevoid
    This memorandum of agreement establishes coordination between the Department of Justice and the National Commission on Indigenous Peoples regarding the investigation and prosecution of offenses involving indigenous peoples. It provides that DOJ prosecutors will review pending cases involving natural resource laws with consideration for indigenous peoples' rights. It also provides that DOJ prosecutors and NCIP legal officers will closely coordinate in preliminary investigations and prosecutions of offenses under the Indigenous Peoples Rights Act. The NCIP legal officers may be deputized by DOJ during investigations and prosecutions.

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    RepublicofthePhilippines

    DEPARTMENTOFJUSTICENATIONALCOMMISSIONON (DOJ)INDIGENOUSPEOPLES(NCIP) ======================================================

    MEMORANDUMOFAGREEMENT Series0012005 ThisMEMORANDUMOFAGREEMENT(MOA)enteredintoby andbetween: TheDEPARTMENTOFJUSTICE(DOJ),representedbythe HonorableRAULM. GONZALES,DepartmentSecretary and TheNATIONALCOMMISSIONONINDIGENOUSPEOPLES (NCIP).representedbytheHonorableREUBENDASAYA. LINGATING,CommissionChairman, WITNESSETH: WHEREAS,duringtheMindanaowideIndigenousPeoplesSummit heldinDavaoCityonOctober29302003,theDepartmentofJustice,asa Partner Agency of the NAPCIndigenous Peoples Council, through its FocalPerson, committedtoreviewpendingcasesofICCs/IPs foralleged violationofPD705,theNIPASLawandtheSmallScaleMiningAct,with theend in viewof givingrealityto theprovisionofR.A.8371(otherwise known as the Indigenous Peoples Rights Act) which recognizes the preferential rights of ICCs/IPs to benefit from the natural resources within theirancestral domains/lands WHEREAS, RepublicActNo.8371(IPRA)provides,inSections72 and 73 thereof, for punishable acts and applicable penalties, and persons subjecttopunishment WHEREAS, the NCIP promulgated Administrative Circular No. 1 03,entitledRulesonPleadings,PracticeandProcedurebeforetheNational CommissiononIndigenousPeoples,hereinafterreferredtoasNCIPRulesof Procedure,forbrevity WHEREAS,thesaidNCIPRulesofProceduredefinesinRuleXVI, particularlySections90to96,thenature andscopeofoffensesorcrimes particularlythoseinviolationsofcustomarylaws,R.A.8371andsuchother special laws necessarily affected by the application of R.A. 8371 the conductofPreliminaryInvestigationandProsecutionofOffenses.

    WHEREAS, the primary authority of conducting preliminary investigations, determination of probable cause, filing and prosecution of criminalcasesis,bylaw, lodgedwiththeDOJ,generallyactingthroughits ProvincialandCityProsecutors WHEREAS, the NCIP recognizes the primary role of the DOJ and has, thus, provided in its Rules of Procedure that reports on preliminary investigationsconductedby itsappropriateLegalOfficersshallbe madeto theappropriateCityorProvincialProsecutorandthatNCIPLawyers/Legal Officers may be deputized by the DOJ but still subject to its control and supervision WHEREAS, to harmonize the existing rules of procedure, it is imperativetoobservepropercoordinationbetweenNCIPLegalOfficersand DOJ city and Provincial Prosecutors in the preliminary investigation and prosecutionofoffensesdefinedinR.A.8371. NOW, THEREFORE, the DOJ SECRETARY and NCIP CHAIRMANherebyagree: 1.ThatDOJFieldProsecutorsshallreviewcomplaints/casespending before their respective offices for alleged violation of Environmental and NaturalResourcesLaws,suchasbutnotlimitedtoPD705,TheSmallScale MiningAct,andtheNIPASActwiththeendinviewofdisposingthesame consciousoftheprovisionsofR.A.8371relativetotherightsofICCs/IPs 2.ThattheirrespectiveCity/ProvincialProsecutorsandLegalOfficers shallcloselycoordinate in thepreliminary investigationandprosecutionof offensesemanatingfromviolationsofpenalprovisionsofR.A.8371(IPRA) asdefinedintheNCIPRulesofProcedure 2.ThattheDOJ,iftheneedarises,shalldeputizeNCIPLawyersand LegalOfficersintheconductofpreliminaryinvestigationsandprosecution ofsuchoffensessubjecttoitscontrolandsupervision 3.ThatNCIPProvincialLegalOfficersshallfurnishtheircounterpart DOJProsecutorswithcopiesof theNCIPRulesofProcedure 4. That the proper Department/Commission Memorandum Circular enjoiningcompliancebyDOJProsecutorsandNCIPLegalOfficersshallbe forthwithissued.
    th Enteredintothis7 dayof March 2005atManila,Philippines.

    (sgd) Hon.RAULM.GONZALES DOJSecretary

    (sgd) Hon.REUBENDASAYA.LINGATING NCIPChairman

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