SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S. B. No . .2j 81 
·15 
MAY 25 P 6 :10 
Introduced by Senator Maria Lourdes Nancy S. 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 
S. BINAY 
Senator 


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: __ -U--= 
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AN ACT STRENGTHENING THE ENFORCEMENT POWERS OF THE NATIONAL 
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COMMISSION ON INDIGENOUS PEOPLES BY MODIFYING THE PENALTIES FOR 
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VIOLATION OF THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled' 
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SECTION 1. Section 72 of Republic Act 8371 or the Indigenous People's Rights Act is 
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hereby amended to read as follows: 
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"PENALTIES 
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Section 72. Punishable Acts and Applicable Penalties. - Any person who 
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commits violation of any of the provisions of this Act, such as, but not 
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limited to, authorized and/or unlawful intrusion upon any ancestral lands or 
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domains as stated in Sec. 10, Chapter III, or shall commit any of the 
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prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, 
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Chapter VI hereof, shall be punished in accordance with the customary laws 
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of the ICCs/IPs concerned: Provided, That no such penalty shall be cruel, 
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degrading or inhuman punishment: Provided, further, That neither shall the 
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death penalty or excessive fines be imposed. FOR PURPOSES OF THIS 
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PARAGRAPH, THE NCIP MAY IMPOSE FINES NOT LESS THAN 
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FIVE HUNDRED THOUSAND PESOS (P500,000) NOR MORE THAN 
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ONE MILLION PESOS (PI,OOO,OOO) DEPENDING ON THE GRAVITY 
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OF THE OFFENSE. This provision shall be without prejudice to the right 
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of any ICCs/IPs to avail of the protection of existing laws. 
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In whieh ease, Any person who violates any provision of this Act shall, 
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upon conviction BY THE APPROPRIATE REGIONAL TRIAL COURT, 
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may be punished by imprisonment of not less than nine (9) months but not 
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more than twelve (12) years or a fine not less than One hundred thoUSEifld 
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pesos (FIOO,OOO) nor more than Five hundred thousand pesos (P500,OOO) 
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FIVE HUNDRED THOUSAND PESOS (P500,000) NOR MORE THAN 
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ONE MILLION PESOS (PI,OOO,OOO) or both such fine and imprisonment 
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upon the discretion of the court. In addition, he shall be obliged to pay to the 
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ICCs/IPs concerned whatever damage may have been suffered by the latter 
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as a consequence of the unlawful act." 
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271 
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SECTION 2. Section 73 ofRA 8371 is hereby amended to read as follows: 
"Section 73. Persons Subject to Punishment. - If the offender is ajuridical 
person, all officers such as, but not limited to, its president, manager, or 
head of office responsible for their unlawful act shall be criminally liable 
therefor. il'l additiol'l to the eal'leellatiol'l of eertifieates of their registration 
andlor lieeflse: 
VIOLATIONS COMMITTED BY JURIDICAL PERSONS SHALL BE A 
GROUND FOR DISSOLUTION OF SAID JURIDICAL PERSONS 
UNDER SECTION 121 OF THE CORPORATION CODE AND OR 
OTHER 
LAWS 
APPLICABLE 
TO 
PARTNERSHIPS 
AND 
ASSOCIATIONS. 
Provided, That If the offender is a public official, the penalty shall include 
perpetual disqualification to hold public office." 
SECTION 3. Implementing Rules and Regulations. The NCIP shall issue the necessary 
amendments to the implementing rules and regulations of RA 8371 within sixty (60) days 
from the approval of this Act. 
SECTION 4. Separability Clause. Should any part or provision of this Act be declared 
unconstitutional or invalid, other parts or provisions hereof not otherwise affected thereby 
shall remain in full force and effect. 
SECTION S. Effectivity. This Act shall take effect fifteen (15) days after its publication in at 
least two (2) newspapers of general circulation. 
Approved,