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CHAPTER VI
PENAL PROVISIONS
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SEC. 20. Prohibited Acts. - It shall be unlawful for any person to commit the
following acts within an ICCA:
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(a)
Unauthorized and/or unlawful intrusion upon, or use of any portion
of, the ICCA;
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(b)
Mineral exploration, extraction and development, quarrying and other
destructive forms of natural resource exploration, development and
utilization;
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(c)
Logging, except in instances of sustainable traditional indigenous
forest resource management practices of ICC/IP;
(d)
Mutilating, defacing, removing or otherwise destroying objects that
have cultural, spiritual or ecological significance to ICC/IP;
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Dumping of waste products detrimental to flora and fauna;
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(e)
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SEC. 21. Penalties. - Any individual, corporation, partnership, association, or
other juridical entity that commits any of the prohibited acts provided for in
Section 18 of this Act shall be prosecuted and upon conviction shall suffer a fine
of not less than SIX THOUSAND PESOS (PhP 6,000.00) or any amount not to
exceed FIVE HUNDRED THOUSAND PESOS (PhP. 500,000.00) or imprisonment
of not less than SIX (6) MONTHS AND ONE (1) DAY or more than SIX (6) years, or
both, at the discretion of the court, including perpetual disqualification from
public office if the offender is a public officer, and confiscation or forfeiture in
favor of the government of the objects and the instrumentalities used in
committing any of herein prohibited acts.
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If the offender is a corporation, partnership or association, or other juridical
entity, the penalty shall be imposed upon the officer or officers of the corporation,
partnership, association or entity responsible for the violation without prejudice
to the cancellation or revocation of these entities license or accreditation issued to
them by any licensing or accredited body of the government. If such offender is an
alien, he or she shall, in addition to the penalties prescribed in this Act, be
deported without further proceedings after service of the sentence.
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However, the prosecution for offenses set forth in Section 18 of this Act shall be
without prejudice to any liability for violation of Republic Act No. 8371, as
amended, otherwise known as the "Indigenous Peoples Rights Act of 1997", and
other criminal or civi1liabilities.
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CHAPTER VII
FINAL PROVISIONS
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SEC. 22. Annual Report. - On or before March 30 of every year following the
effectivity of this Act, the Council shall submit to the President and to both
Houses of Congress a progress report on the status of the implementation of this
Act and on the implementation of the National ICCA Program. The Council shall
recommend legislation, where applicable and necessary.
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SEC. 23. Construction. - The provisions of this Act shall be construed liberally in
favor of ICCs/IPs and in consideration of the protection and conservation of
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