10/12/2019 E-Library - Information At Your Fingertips: Printer Friendly [58] Id. [59] 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 (P100,000) nor more than Five hundred thousand pesos (P500,000) 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 added) [60] Citations omitted; Italics and emphasis in the original. [61] Lim v. Gamosa, supra note 18. [62] Id. [63] Section 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes. - The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanism and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights. [64] Supra note 57. [65] Cruz v. Secretary of Environment and Natural Resources, supra, at 1084-1085. (Citations omitted) [66] Emphasis in the original. [67] Supra. [68] Section 3. Definition ofTerms. - For purposes of this Act, the following terms shall mean: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63044 27/32