SEVENTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES

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Second Regular Session ) 18 MAY 22 P5337
SENATE
s.No._1816

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Introduced by Senator Paolo Benigno “Bam” A. Aquino IV

AN ACT
PROVIDING FOR MONETARY COMPENSATION FOR THE LOSS OR
DESTRUCTION OF RESIDENTIAL HOUSES AND COMMERCIAL BUILDINGS
IN THE MAIN AFFECTED AREA (MAA) AND GREATER MARAWI AREA (GMA)

IN MARAWI CITY DURING THE MARAWI SIEGE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE
One year ago, the ISIS-inspired Maute Group attacked Marawi City,
hostage.

destroying public infrastructure, private properties and holding hundreds of civilians

relatives outside the besieged city.

The attack also displaced thousands of Marawi Residents from their homes,
and forced them to seek shelter for months in evacuation centers and the homes of

After five months of fighting, government forces successfully regained control
of Marawi from the clutches of the terrorist group. The government's fight against

terrorism also got a huge boost with the death of Isnilon Hapilon and Omar Maute.

However, the intensified conflict left Marawi City in shambles, bringing the

once-glorious city to the ground. The government's Task Force Bangon Marawi
estimated that it will cost around P51.7 billion to rebuild Marawi.



Aside from damaged infrastructure, thousands of Marawi residents were left
without shelter, without their place of business, and without jobs and other means
of livelihood. They need the government's urgent help to get back on their feet and
bring their lives back to normal.

This measure seeks to provide compensation and assistance to the people of
Marawi, providing them with means to immediately recover from the damage and

destruction to their homes and private property resulting from the Marawi Siege.

In view of the foregoing, the passing of this bill is earnestly sought.

fom Oqins



SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) 18 MAY 22 P5 36
SENATE RECEN fp
s.no._1816

Introduced by Senator Paolo Benigno “Bam” A. Aquino IV

AN ACT
PROVIDING FOR MONETARY COMPENSATION FOR THE LOSS OR
DESTRUCTION OF RESIDENTIAL HOUSES AND COMMERCIAL BUILDINGS
IN THE MAIN AFFECTED AREA (MAA) AND GREATER MARAWI AREA (GMA)
IN MARAWI CITY DURING THE MARAWI SIEGE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and 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. — It is a declared policy of the State to protect and
Promote the dignity of every person and full respect for human rights, as
provided in Section 11, Article II of the 1987 Philippine Constitution. Further,
Section 12, Article III of the Constitution prohibits the use of force, violence, threat,
intimidation, or any other mean which vitiate the free will and mandates the
compensation and rehabilitation of victims of torture or similar practices, and their
families.



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Section 2 of Article II of the Constitution provides that the State adopts the
generally accepted principles of international law as part of the law of the land.
Accordingly, the Philippines adheres to international human rights conventions and
laws particularly the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights, which guarantee protection of the civilian
Population and individual civilians, including from damage to private property in the
course of legitimate security or police operations where measures shall be
undertaken to repair the damage caused.

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, and reduce social, economic and political
inequalities.

Further, guided by the United Nations Resolution on Basic Principles and Guidelines
on the Right to a Remedy and Reparation, it is hereby a declared policy that it is the
obligation of the State under international customary law to give due attention to the
plights of victims of acts of terrorism or armed conflict through adequate, effective
and prompt compensation through recognition and/or compensation of said
victims and/or their families for these violations.

It is therefore declared the policy of the State to recognize the actual damages
caused by the Marawi siege. It is the State's moral obligation to provide monetary
compensation for the real property losses inside the Main Affected Area (MAA) and
Greater Marawi Area (GMA) caused by the Marawi siege.



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Sec. 3. Monetary Compensation. — Any claimant qualified under this Act
shall receive compensation from the State, free of tax, as herein prescribed:
Provided, That for a deceased residential or commercial building owner, 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, further, That no special power of
attorney shall be recognized in the actual disbursement of the award, and only the
owner or the aforestated 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, furthermore, That
the compensation received under this Act shall be considered as a complete
satisfaction of the loss or destruction of home/s or building/s sustained by the owner
thereof, unless Congress, by law, provides for additional monetary compensation to
be awarded to said owner.

Sec. 4. Source of Monetary Compensation. Creation of the Compensation
Trust Fund — An amount of Twenty Billion Pesos (Php 20,000,000,000.00) shall be
allocated under this Act which shall be known as the Compensation Trust Fund.
‘Such fund will be under the custody of the Board and shall be included in the annual
General Appropriations Act. This fund shall be primarily used to grant compensation
‘to qualified claimants.

CHAPTER II
THE COMPENSATION BOARD

Sec. 5. Board for the Compensation of the Marawi Siege Claimants, Its

Creation and Composition and Secretariat. — A Board for the Compensation of

Marawi Siege claimants, hereinafter referred to as the Board, is hereby established
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and shall be organized within fifteen (15) days after the effectivity of this Act. It
shall be composed of thirteen (13) members. The Secretary of the Housing and
Urban Development Coordinating Council (HUDCC) shall be the ex-officio
Chairperson of the Board. The other twelve (12) members shall be from
different administrative agencies. The composition of such members shall be as
follows:

Undersecretary of the Department of National Defense (DND)

Undersecretary of the Department of Budget and Management (DBM)
Undersecretary of the Department of Health (DOH)

Undersecretary of the Department of Education (DepEd)

Undersecretary of the Department of Public Work and Highways (DPWH)
Undersecretary of the Department of Justice (DOJ)

Undersecretary of the Department of Finance (DOF)

Undersecretary of the Department of Social Welfare and Development (DSWD)
. Undersecretary of the Department of Environment and Natural Resources (DENR)
0. Undersecretary of the Department of Trade and Industry (DTI)

1. Administrator, Land Registration Authority (LRA)

12. Governor, Provincial Government of Lanao del Sur

13. Mayor, City Government of Marawi City

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Such Board will be under the direct control and supervision of the Housing and
Urban Development Coordinating Council (HUDCC): Provided, That no person shall
be a member of the Board if he or she is a victim entitled to compensation as
defined under this Act.

There shall also be created a Secretariat, whose task is to perform the primary
function of identifying and monitoring the legitimate claimants who shall be eligible

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for compensation under this Act, and such other functions as may be defined by the
Board.

Sec. 6. Powers and Functions. — The Board shall have the following powers and
functions:

a) Receive all claims under this Act together with the pertinent documents to
such claims;

b) Investigate, process, and determine the validity of all claims filed within thirty
(30) days after submission thereof,

c) Exercise administrative control and supervision of the Secretariat through
an Executive Director;

d) Disburse any and all compensation to qualified claimants at the earliest possible
time from the Compensation Trust Fund: Provided, That in all cases,
such disbursement must be made within thirty (30) days after the Board has
rendered its decision;

) Perform such other functions as shall be necessary for the implementation of
this Act.

Sec. 7. 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) Chairperson and three (3) members to be appointed by the Board en banc.

Sec. 8. Emoluments. — The Chairperson and members of the Board shall receive
emoluments and allowances, subject to existing rules and regulations.

Sec. 9. Secretariat of the Board, — The Board shall be assisted by a Secretariat

which may come from the existing personnel of the HUDCC, without prejudice to the
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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

(d) Perform 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 two (2) legal officers and (2) paralegal officers; and an
Administrative Staff Head assisted by three (3) Administrative Support Staff.

When necessary, the Board may hire additional contractual employees 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. 10. Operational Budget of the Board. — The operational budget of Fifty
Million Pesos (Php 50,000,000.00) necessary for the initial operations of the Board,
which shall be separate from the Compensations Trust Fund, shall be included in the
General Appropriations Act to be disbursed to the Housing and Urban Development
Coordinating Council (HUDCC). Thereafter, the amount required for its continued
operation shall be included in the annual General Appropriations Act.

The Board shall ensure that funds appropriated or those which may have become
available as compensation for qualified claimants are properly disbursed in
accordance with the policies stated by Congress and relevant rules, regulations and
accounting procedures.



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CHAPTER III
CLAIMANTS AND COMPENSATION

Sec. 11. Claimants. — Any person who is a lawful owner of residential house/s
or commercial building/s or both, located in the Main Affected Area and Greater
Marawi Area, destroyed or damaged either totally or partially on the occasion of
the Marawi siege may file a claim with the Board for monetary compensation in
accordance with the provisions of this Act.

Sec. 12. Determination of monetary compensation. —
(a) The Board shall determine the monetary compensation and award to
the lawful owner/s based on the fair market value of the residential house
‘or commercial building at the time of the Marawi siege.

(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.

(c) The qualified claimant shall use the monetary compensation
exclusively for the construction or restoration of the lost or damaged
residential or commercial building.

(d) The qualified claimant shall report to the Board within six (6) months
from receipt of the monetary compensation proof/s of its use.
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CHAPTER IV
GENERAL PROVISIONS

Sec. 13. 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. 14. Period for Filing of Claims; Waiver. — A claimant shall file an
application for monetary compensation 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 heir/s or representatives shall be entitled to file an
application for compensation on their behalf.

Sec. 15. Appeal. — Any aggrieved claimant or oppositor may file an appeal within
ten (10) calendar days from the receipt of the Resolution of the Board whose
decision shall then become final and executory.

Sec. 16. Penalties; Applicability of the Revised Penal Code. — Any claimant
who is found by the Board, after due hearing, to have filed a fraudulent claim or
violated any provision of this Act shall be referred to the appropriate office for
prosecution. If convicted, he or she shall suffer the imprisonment of six (6) to

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twelve (12) years, shall be disqualified from public office and employment,
and shall be deprived of the right to vote and to run 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 compensation 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 in the Code and relevant special penal laws.

CHAPTER V
FINAL PROVISIONS

Sec. 17. Guidelines for the Implementing Rules and Regulations (1RR). —
Within thirty (30) days from the date of its organization, the Board shall formulate
the rules and regulations to effectively implement the provisions of this Act.

In implementing this Act and in formulating the corresponding rules and
regulations, and to ensure that all applications are properly screened, the Board
must provide for:

(a) Transparency in the processing of the claims;
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(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.

Sec. 18. Joint Congressional Oversight Committee. — There is hereby
created a Joint Oversight Committee to oversee, monitor and evaluate the
implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the
Senate and from the House of Representatives, including Chairs of the
Committees on Housing and Urban Development, and Appropriation of both
Houses. The membership of the Committee for every House shall have at least two
(2) opposition or minority members.

Sec. 19. Mandatory Evaluation and Review. — By the end of 2020, the Board
shall conduct a mandatory review and submit a midterm report to Congress as to
the status of implementation of this Act.

Sec. 20. 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. 21. 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. 22. 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. 23. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or a newspaper of general circulation.

Approved,