Article 143p. 143

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

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 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.

Section 73. Persons Subject to Punishment. - If the

offender is a juridical 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,

in

addition

to

the

cancellation

of

certificates of their registration and/or license: Provided,

That if the offender is a public official, the penalty shall

include perpetual disqualification to hold public office.

CHAPTER XII MERGER OF THE OFFICE FOR

NORTHERN

CULTURAL

COMMUNITIES

(ONCC) AND THE OFFICE FOR SOUTHERN

CULTURAL COMMUNITIES (OSCC)

Section 74. Merger of ONCC/OSCC. - The Office for

Northern Cultural Communities (ONCC) and the Office of

Southern Cultural Communities (OSCC), created under

Executive Order Nos. 122-B and 122-C respectively, are

hereby merged as organic offices of the NCIP and shall

continue

to

function

under

a

revitalized

and

strengthened structures to achieve the objectives of the

NCIP: Provided, That the positions of Regional Directors

and below, are hereby phased-out upon the effectivity of

this Act: Provided, further, That officials and employees

of the phased-out offices who may be qualified may

apply for reappointment with the NCIP and may be

given prior rights in the filing up of the newly created

positions of NCIP, subject to the qualifications set by the

Placement Committee: Provided, furthermore, That in

the

case

where

an

indigenous

person

and

a

non-indigenous person with similar qualifications apply

for the same position, priority shall be given to the

former.

Officers

and

employees

who

are

to

be

phased-out as a result of the merger of their offices shall

be entitled to gratuity a rate equivalent to one and a half

(1 1/2) months salary for every year of continuous and

satisfactory service rendered or the equivalent nearest

fraction thereof favorable to them on the basis of the

highest salary received. If they are already entitled to

retirement benefits or the gratuity herein provided.

Officers and employees who may be reinstated shall

refund such retirement benefits or gratuity received:

Provided, finally That absorbed personnel must still

meet the qualifications and standards set by the Civil

Service and the Placement Committee herein created.

Section 75. Transition Period. - The ONCC/OSCC shall

have a period of six (6) months from the effectivity of this

Act within which to wind up its affairs and to conduct

audit of its finances.

Section 76. Transfer of Assets/Properties. - All real and

personal properties which are vested in, or belonging to,

the merged offices as aforestated shall be transferred to

the NCIP without further need of conveyance, transfer or

assignment and shall be held for the same purpose as

they were held by the former offices: Provided, That all

contracts, records and documents shall be transferred to

the NCIP. All agreements and contracts entered into by

the merged offices shall remain in full force and effect

unless otherwise terminated, modified or amended by

the NCIP.

Section 77. Placement Committee. - Subject to rules on

government reorganization, a Placement Committee

shall be created by the NCIP, in coordination with the

Civil

Service

Commission,

which

shall assist in the

judicious selection and placement of personnel in order

that the best qualified and most deserving persons shall

be appointed in the reorganized agency. The placement

Committee

shall

be

composed

of

seven

(7)

commissioners and an ICCs/IPs representative from each

of the first and second level employees association in the

Offices for Northern and Southern Cultural Communities

(ONCC/OSCC),

nongovernment

organizations

(NGOs)

who have served the community for at least five (5) years

and peoples organizations (POs) with at least five (5)

years of existence. They shall be guided by the criteria of

retention

and

appointment

to be prepared by the

consultative body and by the pertinent provisions of the

civil service law.

CHAPTER XIII FINAL PROVISIONS

Section 78. Special Provision. - The City of Baguio shall

remain to be governed by its Chapter and all lands

proclaimed as part of its townsite reservation shall

remain

as

such

until

otherwise

reclassified

by

appropriate legislation: Provided, That prior land rights

and

titles

recognized

and/or

required

through

any

judicial, administrative or other processes before the

effectivity of this Act shall remain valid: Provided, further,

That this provision shall not apply to any territory which

becomes part of the City of Baguio after the effectivity of

this Act.

Section 79. Appropriations. - The amount necessary to

finance the initial implementation of this Act shall be

charged against the current year's appropriation of the

ONCC and the OSCC. Thereafter, such sums as may be

necessary for its continued implementation shall be

included in the annual General Appropriations Act.

Section

80.

Implementing Rules and Regulations. -

Within sixty (60) days immediately after appointment,

the NCIP shall issue the necessary rules and regulations,

in

consultation

with

the

Committees

on

National

Cultural Communities of the House of Representatives

and the Senate, for the effective implementation of this

Act.

Section 81. Saving Clause. - This Act will not in any

manner adversely affect the rights and benefits of the

ICCs/IPs under other conventions, recommendations,

international treaties, national laws, awards, customs

and agreements.

Section 82. Separability Clause. - In case any provision of

this

Act

or

any

portion

thereof

is

declared

unconstitutional by a competent court, other provisions

shall not be affected thereby.

Section 83. Repealing Clause. - Presidential Decree NO.

410, Executive Order Nos. 122-B and 122-C, and all other

laws, decrees, orders, rules and regulations or parts

thereof inconsistent with this Act are hereby repealed or

modified accordingly.

Section 84. Effectivity. - This Act shall take effect fifteen

days (15) days upon its publication in the Official Gazette

or in any two (2) newspapers of general circulation.

Approved: 29 October 1997.

PD

No

1067

|

Water

Code

of the

Philippines

© 2018 Compiled by RGL

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