Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8200

House Bill No.

Introduced by AKBAYAN Party List Representative Tomasito S. Villarin

EXPLANATORY NOTE

The five-month long armed fighting in Marawi City, Lanao del Sur that started on 23
May 2017 did not only cause considerable loss of life but also wreaked havoc on the
infrastructure of the City. Dubbed as the Marawi Siege, the armed fighting damaged
an estimated 95% of the infrastructure in the main battle area.

This massive infrastructure damage is perhaps one of the greatest challenges facing
the government's rehabilitation effort of Marawi City. The aftermath of the armed
fighting created not only housing problems but also livelihood issues among the
affected residents of Marawi City.

Itis therefore the duty of the State to address the loss and destruction of the property
of Marawi City residents.

This bill proposes for the adoption of a compensation scheme for the damage done to
the people's property during the 2017 Marawi Siege. It covers any building or
tenement damaged, and home appliances, jewelries, vehicles, machineries, rice mills
and other equipment of value, lost or damaged as a result of the 2017 Marawi siege.

Accordingly, the passage of this bill is earnestly sought.

oe
TOMASITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, 8200

Introduced by AKBAYAN Party List Representative Tomasito S. Villarin

AN ACT
PROVIDING FOR COMPENSATION FOR LOSS OR DESTRUCTION OF
PROPERTIES IN MARAWI CITY DURING THE 2017 SIEGE OF MARAWIL,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

CHAPTER I
PRELIMINARY PROVISIONS,

SECTION 1. Short Title. - This Act shall be known as the “Marawi Siege Victims
‘Compensation Act of 2018.”

SEC.2. Declaration of Policy. - Consistent with the Constitution, it is hereby declared
the policy of the State to recognize the suffering arising from the 2017 Marawi Siege
and further, to alleviate this, the State hereby provides for monetary compensation for
damage done to people’s property during such siege.

SEC.3. Definition of Terms. - The following terms as used in this Act shall mean:

(a) Board - refers to the Marawi Compensation Board (MRB) as created under this
Act.

(b) Covered Property - refers to: (1) any building or tenement however used
damaged as a result of the 2017 Marawi Siege; or (2) home appliances, jewelries,
vehicles, machineries, rice mills, and other equipment of value damaged or lost
as a result of the 2017 Marawi Siege;

(©) Main Affected Areas or MAA - refers to the main affected barangays in Marawi
City during the Marawi Siege consisting of twenty-four (24) barangays,
namely:

1. _Lumbac Madaya


South Madaya
. Raya Madaya 1

. Raya Madaya 2
Sabala Amanao
Sabala Amanao Proper
Tolali

. Daguduban

. Norhaya Village

10. Banggolo

11. Bubong Madaya

12. Lilod Madaya

13. Dansalan

14, Datu Sa Dansalan

15, Sangkay Dansalan

16. Moncado Colony

17. Moncado Cadingilan
18. Marinaut West

19, Marinaut East

20. Kapantaran

21. Wawalayan Marinaut
22. Lumbac Marinaut

23. Tuca Marinaut

24. Datu Naga.

SONATE SN

(d) Other Affected Areas or OAA - refer to the other affected barangays in
Marawi City during the Marawi Siege, namely:

. Saduc Proper

. Panggao Saduc

Raya Saduc

Lilod Saduc

Datu Saber

Bangon

Fort

. Wawalayan Caloocan

SNe eNe

SEC. 4. Entitlement to Monetary Compensation. - Persons who, at the time of the 2017
Marawi Siege, own covered property located within the main affected area or other
affected areas shall be qualified to receive compensation from the State as further
described herein, free of tax: Provided, That in case such person is deceased, the legal
heirs as provided in the Code of Muslim Personal Laws of the Civil Code of the
Philippines, whichever is applicable, or such other person named by the executor or
administrator of the deceased owner's estate in that order, shall be entitled to receive
such compensation; Provided, Further that no special power of attorney shall be
recognized in the actual disbursement of the compensation, and only the owner or the
aforesaid successor(s)-in-interest shall be entitled to personally receive said


compensation from the Board, unless the owner involved is shown to be incapacitated
to the satisfaction of the Board: Provided, Finally that the compensation received under
this Act shall be considered as a complete satisfaction of the loss or destruttion of the
properties sustained by the owner thereof.

SEC. 5. Source of Compensation. - The amount of Thirty Billion (Php 30,000,000,000.00)
Pesos shalll be the principal source of funds for the implementation of this Act, which
amount shall be included in the annual General Appropriations Act (GAA) for the
next three years in three equal amounts.

CHAPTER II
THE MARAWI COMPENSATION BOARD

SEC. 6. Creation and Composition of the Marawi Compensation Board. - ‘There is hereby
created an independent and quasi-judicial body to be known as the Marawi
Compensation Board (MCB), herein referred to as the Board. It shall be composed of
nine (9) members, who shalll possess the following qualifications:

(a) Must be of known probity, competence and integrity;

(b) Must have a deep and thorough understanding and knowledge of
compensation as a concept in international law and Philippine law;

(©) At any time, at least a majority of the members must be members of the
Philippine Bar who have been engaged in the practice of law for at least ten (10)
years.

The Board shall organize itself within thirty (30) days from the completion of
appointment of its members and shall thereafter organize its Secretariat.

SEC. 7. Appointment to the Board. - The President shall appoint the Chairperson and
the other eight (8) members of the Board: Provided, That organizations of traditional
leaders, professionals, the Ulama and civil society organizations may submit
nominations to the President.

SEC. 8. Powers and Functions of the Board. - The Board shall have the following powers
and functions:

(a) Receive, evaluate, process and investigate applications for claims under this
Act;

(b) Issue subpoenas ad testificandum and subpoenas duces tecum;

(©) Conduct independent administrative proceedings and resolve disputes over
claims;


(d) Approve with finality all eligible claims under this Act;

(c) Deputize appropriate government agencies to assist it in order to effectively
perform its functions;

(© Exercise administrative control and supervision over its secretariat;

(g) The Board, at its discretion, may consult the organizations mentioned in Section
herein, and

(h) Provided that technical rules shall not be strictly applicable in proceedings
before the Board, promulgate such rules as may be necessary to carry out its
purposes of this Act;

(i) Perform such other duties, functions and responsibilities as may be necessary
to effectively attain the objectives of this Act.

SEC. 9, Emoluments, ~ The Chairperson and members of the Board shall have the rank,
salary, emoluments and allowances equivalent to the Presiding Justice and Associate
Justice of the Court of Appeals, respectively.

SEC. 10. Secretariat of the Board. ~ The Board shall be assisted by a Secretariat headed
by an Executive Director. Personnel of the Secretariat may come from the existing
personnel of relevant agencies such as the Housing and Urban Development
Coordinating Council (HUDCC) and National Housing Authority (NHA) without
prejudice to the hiring of additional personnel as determined by the Board to
accommodate the volume of work.

The following shall be the functions of the Secretariat:

(a) Receive, evaluate, process and investigate applications for claims under this
Act;

(b) Recommend to the Board the approval of application for claims;
(©) Assist the Board in technical functions; and
(d) Other duties that may be assigned by the Board.
‘The Chairperson of the Board shall appoint an Executive Director who shall head the
Secretariat for the duration of the existence of the Board. There shall be a Technical
Staff Head assisted by five (5) Legal Officers and three (3) Paralegal Officers; and an
Administrative Staff Head assisted by three (3) Administrative Support Staff.

When necessary, the Board may hire additional personnel consistent with issuances
of the Civil Service Commission (CSC).


SEC. 11. Resolution of Claims. ~ The Board shall be composed of three (3) divisions
which shall function simultaneously and independently of each other in the resolution
of claims for compensation. Each division shall be composed of one (1) presiding
member, who shall be a member of the Philippine Bar and two (2) members to be
appointed by the Board en banc.

SEC. 12. Operating Budget of the Board. - The operating budget of the Board shall be
funded from the Thirty Billion Pesos (Php 30,000,000,000.00) fund, with Thirty Million
Pesos (Php 30,000,000.00) as its initial operating budget: Provided, That it shall not
exceed fifty million pesos (Php 50,000,000.00) a year.

SEC. 13. Proper Disposition of Funds. ~ The Board shall ensure that funds appropriated
or those which may become available as compensation for rightful claimants are
properly disbursed in accordance with the policies stated by Congress and relevant
government rules, regulations and accounting procedures.

CHAPTER III
CLAIMANTS AND COMPENSATION

SEC. 14. Claimants. - Any person who is a lawful owner of covered property located
in the MAA or OAA may file a claim with the Board for compensation in accordance
with the provisions of this Act. Provided, that in case where the claimant is deceased,
incapacitated, or missing, her/his legal heir/s or representatives shall be entitled to
file an application for compensation on her/his behalf.

SEC. 15. Determination of monetary compensation. ~ (a) The Board shall determine the
monetary compensation and award to the lawful owner/s whichever is the lower
amount of either the fair market value of the property or the value of its total area per
storey equivalent to Php 1,500.00 per square meter for residential houses and Php
2,000.00 for commercial buildings. The monetary compensation for the other
properties shall be their fair market value less depreciation.

(b) Within thirty (30) days after the Board has approved with finality each eligible
claim pending before it and after due publication of such legitimate claim, the award
of monetary compensation shall take effect: Provided, That any pending appeal filed
by an aggrieved claimant before the Board must be resolved sixty (60) days before the
Board becomes functus officio.

CHAPTER IV
GENERAL PROVISIONS,

SEC. 16. Publication. - The Board, after having been duly convened, shall set the period
for the commencement and termination of applications by a lawful owner and cause
the publication of the same: Provided, That such period shall only become effective


fifteen (15) days after its last publication, which shall be once a week for three (3)
consecutive weeks in at least two (2) national newspapers of general publication.

SEC. 17. Period for Filing Claims; Waiver. - Claims for compensation may be filed with
the Board within six (6) months from the effectivity of the implementing rules and
regulations (IRR) of this Act: Provided, That failure to file an application within said
period is deemed a waiver of the right to file the same.

SEC. 18. Appeal. - Any aggrieved claimant or oppositor may file an appeal within ten
(10) calendar days from the receipt of the Resolution from a division to the Board en
banc whose decision shall become final and executory.

SEC. 19. Penalties; Applicability of the Revised Penal Code. - Fraud committed in the
course of availing of the compensation provided by this Act shall be referred to the
appropriate government office for prosecution. In addition to any penalty imposed by
the competent court, the person who caused the commission of the fraud shall be
disqualified from public office and employment and shall be deprived of the right to
vote and be voted for in any national or local election, even after the service of the
sentence unless granted absolute pardon.

Any member of the Board and its Secretariat, public officer, employee of an agency or
any private individual mandated to implement this Act, who shall embezzle,
misappropriate or otherwise misuse funds provided under this Act or who shall
commit fraud in the processing of documents and applications of claimants, or shall
conspire with any individual to commit the same, shall also be prosecuted
accordingly.

SEC. 20. Guidelines for the Implementing Rules and Regulations (IRR). - The Board shall
promulgate the Implementing Rules and Regulations (IRR) of this Act within thirty
(30) days from its organization. In implementing this Act and in formulating the
corresponding rules and regulations, and to ensure that all applications are properly
processed, the Board must provide for:

(a) Transparency in the processing of the claims;

(b) A procedure that allows any concerned party to oppose an application or claim
on the ground that its fraudulent, fictitious or spurious and gives that party the
opportunity to question the same and to present evidence in support thereof;
and

(0) A procedure that is speedy and expeditious without sacrificing any of the
parties’ fundamental rights.

SEC. 21. Work Period; Sunset Clause. ~ The Board shall complete its work within three
(3) years from the effectivity of the IRR promulgated by it. After such period, it shall
become functus officio.


SEC. 22. Separability Clause. - If, for any reason, any section or provision of this Act is
declared unconstitutional or invalid, such other sections or provisions not affected
thereby shall remain in full force and effect.

SEC. 23. Repealing Clause. - All laws, decrees, executive orders, rules and regulations
or parts thereof inconsistent with any of the provisions of this Act, are hereby
repealed, amended or modified accordingly.

SEC. 24. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,