Legal advocates and indigenous leaders lambasted the revised Free, Prior, and Informed Consent (FPIC) process for prioritizing corporate interests endorsed at the expense of genuine indigenous self-determination, community inclusion, and cultural preservation.

The revised FPIC 2026 guidelines focus primarily on the requirements for Indigenous Peoples (IPs) to evaluate private business proposals within their territories.

However, by imposing shortened timelines for communities to reach consensus, these new rules directly conflict with the Indigenous Peoples’ Rights Act (IPRA), which mandates that traditional customary practices must take precedence in decision-making.

Ateneo Public Interest and Legal Advocacy (APILA) Director Atty. Romeo Cabarde Jr. highlighted the legitimate intentions behind FPIC procedures, noting that the revised procedures compromise Indigenous communities’ autonomy to make decisions in line with their customs. 

“Are we really protecting the right of indigenous people to decide on their own according to their customary practice, or are we simply making it easier for companies to complete the administrative process for approving the projects?”

He also criticized the lack of genuine representation of indigenous communities in the drafting of the new FPIC guidelines, questioning the revised protocol’s legitimacy in protecting indigenous rights and interests.

“Is the formulation of the FPIC guidelines truly participatory and it involves the IP communities? If not, then I can say this, this new guideline is flawed in its process.”

He further stressed that freedom should allow IPs to exercise authority over decisions regarding their ancestral domains, rather than merely granting recognition of their rights.

“If development is about expanding human freedom, then the Indigenous Peoples must have the real capacity to determine what happens to their ancestral domain. That requires more than a formal recognition of rights.”

Echoing these concerns, Matigsalog-Manobo Tribal People Council of Elders Davao Inc. chair Datu Oscar Mansabid Sarahan condemned the revised FPIC process, stating that it has been reduced to a mere “checklist of requirements” for government agencies and private companies.

“Sa katawhan sa tribu, ang FPIC process… Part na ni sa ilang kultura. Ang FPIC, naa na sa kinabuhi sa mga tribu. Nahimo na lang nga checklist, mura ra’g requirements sa FPIC process for any government or private companies,” Sarahan said.

He stressed that FPIC is part of the culture and everyday lives of indigenous communities and should not be treated as merely a bureaucratic requirement.

Sarahan also underscored the importance of including marginalized members of indigenous communities, particularly women, children, and persons with disabilities (PWDs), whose experiences and concerns are often overlooked in community consultations.

“Dili na ninyo mabati, madungog ang mga istorya sa kababayen-an ug kabatan-an, particular to mga PWD, nga murag very isolated. Pero dapat unta ma-apil gyud sila, madungog pud.”

He added that decisions concerning ancestral lands should not be limited to indigenous leaders, but must involve the wider community, as these territories are collectively connected to the lives and identities of IPs.

“Ang yuta dili man iya sa mga datu ra, gipanag-i-an man sa tanan katawhan. So dapat apil gyud diin ang mga miyembro sa komunidad.” He concluded.

As part of the National Indigenous Peoples Month celebration, the forum Hisgutanang Pagtugot: An Open Conversation on Free, Prior, and Informed Consent (FPIC) and Indigenous Peoples’ Rights was organized by the Department of Anthropology at the Bapa Benny Tudtud Auditorium on October 26.