Republic of the Philippines
House of Representatives
Queson City, Metro Manila

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Eighteenth Congress ~/Npex &
First Regular Session

HOUSE BILL No. __ 3922

Introduced by HONORABLE YASSER ALONTO BALINDONG

AN ACT
PROVIDING FOR MONETARY REPARATION FOR THE LOSS OR
DESTRUCTION OF RESIDENTIAL HOUSES, COMMERCIAL
BUILDINGS AND OTHER PROPERTIES IN MARAWI AND AFFECTED
AREAS IN LANAO DEL SUR DURING THE 2017 SIEGE OF MARAWI,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This proposed bill, based on the structure of RA No. 10368, otherwise known
as “The Human Rights Victims Reparation and Recognition Act of 2013” seeks to
provide monetary compensation for the loss or destruction of private, commercial,
and other properties in Marawi City and in the affected neighboring areas which also
suffered heavy damages.

The Marawi Siege is a repeat of the devastation the world has witnessed in
Syria, Aleppo, and in other places where the ISIS tried to dominate an unwilling
people. But now that the fighting is over, what remains is to rebuild, to hope again
for a better tomorrow, and to rise above all the chaos that turned peaceful lives into
an uncertain future.

Government has set the stage for the rebuilding of the affected areas of Lanao
del Sur, but up to the present, the residents still cannot go back to their homes. The
promise of restoration is taking quite a long time, with unforeseen obstacles coming
into the picture.

Hence, this bill, the approval of which is earnestly sought.

YASSER ALONTO BA! ONG

Representative
2™ district, Lanao del Sur


ee?
Republic of the Philippines
House of Representatives

Quezon City, Metro Hlanila

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 3922

Introduced by HONORABLE YASSER ALONTO BALINDONG

AN ACT
PROVIDING FOR MONETARY REPARATION FOR THE LOSS OR
DESTRUCTION OF RESIDENTIAL HOUSES, COMMERCIAL
BUILDINGS AND OTHER PROPERTIES IN MARAWI AND AFFECTED
AREAS IN LANAO DEL SUR DURING THE 2017 SIEGE OF MARAWI,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

CHAPTER I
PRELIMINARY PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Marawi Siege
Victims Reparation Act of 2018”.

SEC. 2. Declaration of Policy. — Section 9 of Article Il of the 1987
Constitution declares that the State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and improved quality of life for all. Section
10 of Article II of the Constitution also declares that the State shall promote social
justice in all phases of national development. In furtherance of these declared
policies, Section 1 of Article XIII of the Constitution mandates Congress to give
highest priority to the enactment of measures that protect and enhance the right of
all the people to human dignity, reduce social, economic and political inequalities,
and remove cultural inequities by equitably diffusing wealth and political power for
the common good. Section 2 of Article XII of the Constitution provides that the
promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

By virtue of Section 2 of Article II of the Constitution adopting generally
accepted principles of international law as part of the law of the land, the Philippines
adheres to international laws, treaties and conventions providing for reparation or
compensation for war victims and their property losses. The enactment of measures

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calculated to alleviate the plight of those plagued and disadvantaged by the scourge
of war is not only an advancement of the cause of social justice but likewise an
expression of parens patriea in that the State serves as a guardian of the civilians
who have become vulnerable and marginalized because of internal armed conflicts.

Consistent with the foregoing, it is hereby declared the policy of the State to
recognize the suffering and hardship that the civilians affected by the Marawi siege
have to endure. To alleviate their plight, the State hereby acknowledges its moral
obligation to provide monetary reparation for their property losses during the
Marawi siege.

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

(a) Residential house refers to any building or tenement that is used exclusively or
partially for residential purposes.

(b) Commercial building refers to any building that is used exclusively for
commercial or business purposes.

(c) Other Properties refer to house appliances, jewelries, machineries, rice mils, and
other equipment[s] of value.

(d) Main Affected Areas [or] (MAA) refer to the [main] affected barangays in Marawi
City during the Marawi siege consisting of twenty-four (24) barangays, namely:

1, LUMBAC MADAYA 13. DANSALAN

2. SOUTH MADAYA 14. DATU SA DANSALAN

3. RAYA MADAYA 1 15. SANGKAY DANSALAN
4, RAYA MADAYA 2 16. MONCADO COLONY

5. SABALA AMANAO. 17. MONCADO CADINGILAN
6. SABALA AMANAO PROPER 18. MARINAUT WEST

7. TOLALI 19. MARINAUT EAST

8. DAGUDUBAN 20. KAPANTARAN

9. NORHAYA VILLAGE 21. WAWALAYAN MARINAUT
10. BANGGOLO 22. LUMBAC MARINAUT

11. BUBONG MADAYA 23. TUCA MARINAUT

12. LILOD MADAYA. 24. DATU NAGA

(e) Other Affected Areas or OAA refer to the other affected barangays in Marawi
City during the Marawi siege [-], NAMELY:

25. SADUC PROPER 29. DATU SABER

26. PANGGAO SADUC 30. BANGON

27. RAYA SADUC 31. FORT

28. LILOD SADUC 32. WAWALAYAN CALOOCAN

Sec. 4. Entitlement to Monetary Reparation. — Any owner of residential house,
commercial building or other properties in Marawi’s MAA/OAA qualified under
this Act shall receive compensation from the State, free of tax, as herein prescribed:
PROVIDED, THAT IN CASE THE CLAIM IS FOR A PROPERTY COVERED

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BY INSURANCE, THE COMPENSATION RECEIVABLE UNDER THIS ACT
SHALL ONLY BE TO THE EXTENT NOT COVERED BY INSURANCE:
Provided further, That for the deceased owner of said properties, the legal heirs as
provided for in the Code of Muslim Personal Laws of the Philippines or 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, furthermore, That no special power
of attorney shall be recognized in the actual disbursement of the award, 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 destruction of the properties sustained by the owner thereof, unless
Congress provides for additional monetary reparation to the said owners].

SEC. 5. Source of Monetary Reparation. — The amount of Thirty Billion Pesos
(P30,000,000,000.00) shall be the principal source of funds for the implementation
of this Act, which shall be included in the annual General Appropriations Act (GAA)
for the next three years in three (3) equal amounts.

CHAPTER II
THE MARAWI REPARATION BOARD

SEC. 6. Creation and Composition of the Marawi Reparation Board. — There
is hereby created an[d] independent and quasi-judicial body to be known as the
Marawi Crisis Reparation Board (MRB), hereinafter referred to as the Board. It shall
be composed of nine (9) members, who shall possess the following qualifications:

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

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

(c) At least a majority of them must be members of the Philippine Bar, preferably
Maranao lawyers, 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 subpoena/s ad testificandum and subpoenals duces tecum;

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

(d) Approve with finality all eligible claims under this Act;
(e) Deputize appropriate government agencies to effectively perform its functions;

(f) Promulgate such rules as may be necessary to carry out the purposes of this Act,
including rules of procedure in the conduct of its proceedings, with the Revised
Rules of Court of the Philippines having suppletory application;

(g) Exercise administrative control and supervision over its Secretariat;

(h) At its discretion, may consult the organizations mentioned in Section [9] 7 herein;
and

(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 a 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 which may come from the existing personnel of relevant agencies like
the Housing and Urban Development Coordinating Council and National Housing
Authority, without prejudice to the hiring of additional personnel as determined by
the Board to accommodate the volume of required 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 applications for claims;
(c) Assist the Board in technical functions; and
(@) Perform other duties that may be assigned by the Board.

The Chairperson of the Board shall appoint a Board Secretary 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 contractual employees or
contract a service provider to provide services of counsellors, psychologists, social
workers and public education specialists, among others, to augment the services of
the Secretariat: Provided, That the maximum contract amount per year shall not
exceed more than fifteen percent (15%) of the total annual operating budget of the
Board.

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 reparation. Each division shall be composed of one (1)
Chairperson, 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 (P30,000,000,000.00) fund, with
Thirty Million Pesos (P30,000,000.00) as its initial operating budget: Provided, That
it shall not exceed Fifty Million Pesos (P50,000,000.00) a year.

SEC 13. Proper Disposition of Funds. — The Board shall ensure that funds
appropriated or those which may become available as reparation 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 REPARATION

SEC. 14. Claimants. — Any person who is a lawful owner of A residential
house[/s] or commercial building[/s] or both located in the main affected area, and
destroyed or damaged either totally or partially on the occasion of the Marawi siege
may file a claim with the Board for reparation in accordance with the provisions of
this Act.

SEC. 15. Determination of monetary reparation. — (a) The Board shall
determine the monetary reparation and award to the lawful owner[/s] whichever is
the lower amount of either the fair market value of the residential house, commercial
building, or other REAL properties or the value of its total area per storey equivalent
to an amount to be determined in the implementing rules and regulations of this Act.
In case of claims for loss or destruction of personal properties, the claimant shall
present competent evidence of the loss or destruction, ownership, as well as the fair
market value of the personal properties.

(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 by the
Board sixty (60) days before it 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 homeowners
or building owners and cause the publication of the same: Provided, That such period
shall only become operative 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 circulation.

SEC. 17. Period for Filing of Claims; Waiver. — A homeowner or building
owner shall file an application for monetary reparation 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: Provided, further, That for homeowners or
building owners who are deceased, incapacitated, or missing due to the armed
conflict in Marawi City, their legal heirs or representatives, shall be entitled to file
an application for reparation on their behalf.

SEC. 18. Appeal. — Any aggrieved claimant or oppositor may file an appeal
within ten (10) calendar days from receipt of the resolution of the Board whose
decision shall then become final and executory.

SEC. 19. Penalties; Applicability of the Revised Penal Code. — Any claimant
who is found by the Board, after due hearing, to have filed a fraudulent claim shall
be referred to the appropriate office for prosecution. If convicted, he or she shall
suffer an imprisonment of eight (8) to ten (10) years, 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 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 misuse,
embezzle or misappropriate the funds for monetary reparation 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.

‘Any member of the Board and its Secretariat, public officer, employee of an
agency or any private individual mandated to implement this Act, who may have
been found guilty of committing any or all of the prohibited acts stated in the
preceding paragraph, or those acts punishable under the Revised Penal Code, shall
be penalized under the pertinent provisions of the Code and relevant special penal
laws.


CHAPTER V
FINAL PROVISIONS

SEC. 20. Guidelines for the Implementing Rules and Regulations (IRR). —
The Board shall promulgate the implementing rules and regulations (IRR) of this
Act within 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 it is fraudulent, fictitious or spurious and gives that party the
opportunity to question the same and to present evidence in support thereof; and

(c) A procedure that is speedy and expeditious without sacrificing any of the
[parties’] fundamental rights OF THE PARTIES.

The IRR shall be effective fifteen (15) days after its publication in two (2)
national newspapers of general circulation.

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) national newspapers or
general circulation.

Approved,