SIXTEENTH CONGRESS OF THE REPUBLIC ) OF THE PHILIPPINES ) Second Regular Session ) SENATE S. B. No. _2781 '15 MAY 25 P6 :10 Introduced by Senator Maria Lourdes Nancy S. Binal'EC[·;l'.'LD BY: __ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled' SECTION 1. Section 72 of Republic Act 8371 or the Indigenous People's Rights Act is hereby amended to read as follows: "PENALTIES 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, authorized 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. FOR PURPOSES OF THIS PARAGRAPH, THE NCIP MAY IMPOSE FINES NOT LESS THAN FIVE HUNDRED THOUSAND PESOS (P500,000) NOR MORE THAN ONE MILLION PESOS (PI,OOO,OOO) DEPENDING ON THE GRAVITY OF THE OFFENSE. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. In whieh ease, Any person who violates any provision of this Act shall, upon conviction BY THE APPROPRIATE REGIONAL TRIAL COURT, may be punished by imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine not less than One hundred thoUSEifld pesos (FIOO,OOO) nor more than Five hundred thousand pesos (P500,OOO) FIVE HUNDRED THOUSAND PESOS (P500,000) NOR MORE THAN ONE MILLION PESOS (PI,OOO,OOO) 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." -U--=