SIXTEENTH CONGRESS OF THE REPUBLIC ) OF THE PHILIPPINES ) Second Regular Session ) SENATE S. B. No . .2j 81 Introduced by Senator Maria Lourdes Nancy S. ·15 MAY 25 P6 :10 Bi~::(,EI'TP BY'=-6.:. AN ACT STRENGTHENING THE ENFORCEMENT POWERS OF THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES BY MODIFYING THE PENALTIES FOR VIOLATION OF THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997 EXPLANATORY NOTE Section 72 and 73 of the Republic Act 8371 or Indigenous Peoples Rights Act of 1997 ("IPRA") are crucial in the effective administration and enforcement of the 'National Commission on Indigenous Peoples ("NCIP") of the said law. Any ambiguous portion of said law should therefore be clarified to ensure effective implementation. As worded, Section 72 of the IPRA appears to grant plenary authority to the NCIP to impose fines. The only limitation is that the fines are not excessive. Owing to the absence of clearer standards for issuance of said fines, it has come to our attention that this ambiguity has resulted in great differences in the actual imposition of fines by Regional Hearing Officers of the NCIP. These differences can give rise to further litigation as parties will likely contest the fines on grounds of constitutional due process and equal protection. To obviate these issues, there is a need to impose an upper or lower limit for the fines so that some unifOlmity may be achieved in the imposition of fines. Section 73 also suffers from an ambiguity in the sense that it is very clear what certificates of registration or licenses will be revoked as a result of the juridical person's violation of the IPRA. As worded, Section 73 can be considered as authority for the revocation of the juridical persons licenses in all agencies other than the Securities Exchange Commission. In view of the foregoing, the passage of this bill is earnestly recommended. MARI~~CY Senator S. BINAY