Separate Opinion 12 G.R. No. 224469 measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of land belonging to said ICCs/IPs. (Emphasis and underscoring supplied) In fact, compared to P.D. 705, Sec. 77, the provision on "unauthorized and unlawful intrusion" (Sec. 72) bears a heavier penalty: SECTION 72. Punishable Acts and Applicable Penalties. - Any person who commits violation of any of the provisions of this Act, such as, but not limited to, unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be cruel, degrading or inhuman punishment: Provided,further, That neither shall the death penalty or excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. In which case, any person who violates any provision of this Act shall, upon conviction, be punished by imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine of not less than One hundred thousand pesos (Pl00,000) nor more than Five hundred thousand pesos (PS00,000) or both such fine and imprisonment upon the discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered by the latter as a consequence of the unlawful act. (Emphasis and underscoring supplied) The IPRA itself allows non-members ofIPs to utilize natural resources in ancestral domains, subject to certain conditions: SECTION 57. Natural Resources within Ancestral Domains. The ICCs/IPs shall have priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domains. A non-member of the ICCs/lPs concerned may be allowed to take part in the development and utilization of the natural resources for a period of not exceeding twenty-five' (25f years renewable for not more than twenty-five (25) years: Provided, That a formal and written agreement is entered into with the ICCs/IPs concerned or that the community, pursuant to its own decision making process, has agreed to allow such operation: Provided,finally, That the NCIP may exercise visitorial powers and take appropriate action to safeguard the rights of the ICCs/IPs under the same contract. 30 (Emphasis and underscoring supplied) Simply put, when it comes to ancestral domains, Sec. 77 of P .D. 705 no longer finds application as it is the provisions ofIPRA that have kicked in and now operate. Do IPs have unbridled discretion as regards the utilization of natural resources which may be found in their ancestral domains? In other words, do the "priority rights" granted by Sec. 57 mean that IPs can exploit the natural resources in ancestral domains without limits? Again, the answer is no. 30 IPRA, Sec. 57.

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