f) Other analogous circumstances Section 3. Punishable Acts Related to Cultural Integrity. Commission of any of the following acts or violation of any of the following rights are punishable under the Act: a) Exploring, excavating or making diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural value without the free and prior informed consent of the community concerned; and b) Defacing, removing or otherwise destroying artifacts which are of great importance and significance to the ICCs/IPs for the preservation of their cultural heritage. Part II. Persons Liable Section 1. Persons Liable. The following are liable for punishment for violation of the rights of ICCs/IPs enumerated in the Act: a) Any individual, whether a member of the same or different ICC/IP community or not; b) Any individual who is non-IP, whether a Filipino or alien; c) In case of violation of rights committed by juridical persons, the Manager, President, Chief Executive Officer, or any of the officers of such juridical persons; and d) Government officials, officers or employees. Part III. Penalties Section 1. Imposable Penalties in Accordance With Customary Law. The ICC/IP community whose rights have been violated may penalize any violator in accordance with their customary law, except: a) Where the penalty is cruel, degrading or inhuman; or b) Where the penalty is death or excessive fine Section 2. Penalties Imposed by the Act. All violators shall be punished, as follows: a) Imprisonment for not less than nine (9) months but not more than twelve (12) years; b) Fine of not less than One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos (P500,000.00); or c) Both such fine and imprisonment at the discretion of the court. Section 3. Accessory Penalties. In addition to the penalties referred to in the preceding article, the following may be imposed: a) For all violators, payment of damages suffered by the ICCs/IPs as a consequence of the unlawful act; b) For corporations or other juridical persons, cancellation of their registration certificate or license; and c) For public officials, perpetual disqualification to hold public office. Page 52

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