k) LGU Ecotourism project in the crater of Mt. Pinatubo in Botolan, Zambales affecting Aeta communities numbering 3,000 families; l) Quarrying operations in Montalban, Rizal; m) Renewal of Integrated Forest Management Agreements in Saranggani, Bagumbayan, Esperanza and Sultan Kudarat affecting the Dulangan Manobo 26; n) National Grid Corporation negotiations for right of way over ancestral lands of the Tagkaulo and B’laan 27; o) Saggitarius Mines, Inc. Mining exploration in Tambacan and Malungon, Saranggani 28 There is one instance reported when a government geothermal energy project resulted in the IP being resettled in an area outside their AD. This violated the IP right to stay in the AD and not to be removed therefrom under Sec. 7, (c) of the IPRA, even in case FPIC for relocation is granted it is subject to certain conditions of equal quality relocation lands and compensation for loss or injury. Moreover, government power generation projects are not an acceptable ground for displacement of IPs from their ADs. A cursory reading of the IPRA will show that the only recognized ground is in the face of natural calamities (such as the catastrophic eruption of Mt. Pinatubo) and even then the IP have a right to return to their ADs after the calamity has subsided 29. Failure to secure FPIC, however, is penalised under the IPRA at: “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, unauthorized and 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 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. This provision shall be without prejudice to the rights of any ICC/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 with imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine not less than (P100,000) or more than (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.” The failure to document and provide institutional remedies for these unauthorized incursions into ancestral domains prompts the recommendation for an inter-agency process for securing FPIC convened by the CHR providing for dispute settlement through voluntary arbitration supervised by the CHR. An inter-agency thematic working group can also address the prosecution of violations of the IPRA and monitoring the award of damages through arbitration. 26 Report of Ruben Dalimbang (Dulangan Manobo) in the Davao public hearing. Report of Leo Ingay (Tagkaulo) during the hearing in Davao City. 28 ibid. 29 Tagaytay CHR IP Inquiry Documentation. 27 Page | 17