EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
12 ’ nATFr.Sept 13 2021^
iw T)ME. 11:50 a.m. w
SENATE
s.B. No. 2394
I ND'EX,
INTRODUCED BY SENATOR RISA HONTTVEROS
AN ACT
PROVIDING COMPENSATION FOR THE LOSS OF LIVES AND FOR THE DESTRUCTION 
OF RESIDENTIAL AND COMMERCIAL PROPERTIES AS A RESULT OF THE 2017 
ARMED CONFLICT BETWEEN THE ARMED FORCES OF THE PHILIPPINES AND 
TERRORIST GROUPS IN MARAWI CITY, UNAO DEL SUR, AND APPROPRIATING
FUNDS THEREFOR
EXPUNATORY NOTE
More than four years after the Marawi Siege that displaced almost 370,000 individuals and left 
the once vibrant city in ruins, most of those who lost their homes and livelihood have yet to settle 
in more permanent dwellings, much less go back to their lives as it was before the armed conflict 
Many of them still live in transitory shelters or are being fostered in already cramped houses of 
their relatives in nearby areas, and can only dream of going back home.
Rebuilding a city that was reduced to rubble by mortar shells and other heavy artillery has been 
painstakingly slow. For Marawi residents, this is made slower by the continued displacement from 
their homes and places of livelihood, and the uncertainty that they shall be compensated for their 
properties that have been destroyed In the five-month fireflght and the disruption to their lives it 
has brought upon them.
It is therefore incumbent upon the State to address the destruction of property and the loss of 
lives and livelihood of the city's residents for the last four years.
The bill seeks to Institutionalize the Task Force Bangon Marawi (TFBM) which was established by 
virtue of Administrative Order No. 3 Series of 2017, and was later on reorganized by way of 
Administrative Order No. 9 Series of 2017. The Institutionalization of the TFBM Is sought that it 
may fully fulfill its mandate of Implementing the Marawi Recovery, Rehabilitation and 
Reconstruction Program. 
'
The bill likewise proposes the adoption of a compensation scheme to respond to the need for 
recompense for the damages wrought upon lives and property brought about by the armed 
conflict It creates the TFBM Claims and Compensation Subcommittee tasked to process dalms 
guided by the spirit of Republic Act No. 10368, or the Human Rights Victims Reparation and
Recognition Act of 2012 with its strong emphasis on social justice as enshrined in the PhilioDine 
Constitution.
The immediate passage of this bill is earnestly sought.
ISA HONTIVEROS
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
SENATE
S.B. No. 2394
202im
TIME
I NOt X
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROVIDING COMPENSATION FOR THE LOSS OF LIVES AND FOR THE DESTRUCTION 
OF RESIDENTIAL AND COMMERCIAL PROPERTIES AS A RESULT OF THE 2017 
ARMED CONFLICT BETWEEN THE ARMED FORCES OF THE PHILIPPINES AND 
TERRORIST GROUPS IN MARAWI CITY, LANAO DEL SUR, AND APPROPRIATING
FUNDS THEREFOR
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SEC. 1. Short Title. - This Act shall be known as the "Marawi Compensation Act."
SEC. 2. Declaration of Policy- It is hereby declared the policy of the State, as enshrined in 
the Constitution, to value the dignity of every person, and guarantee full respect for human rights, 
including rights of indigenous cultural communities and other vulnerable groups such as women 
and children, at all times. It is also a declared the policy of the State to provide compensation or 
reparation to the internally-displaced persons (IDPs) of the 2017 Marawi Armed Conflict whose 
damaged or demolished property and possessions cannot be recovered.
The State shall also fulfill its obligations under international human rights and 
humanitarian laws, thus, it recognizes the basic principles and guidelines on the right to remedy 
and reparation for victims of gross human rights violations.
The State is likewise obligated to recognize the essence of providing reparation and 
compensation for persons and families whose rights were violated and whose economic, social, 
and cultural rights were unfulfilled as a result of armed conflicts.
SEC. 3. Definition of Terms. - As used in this Act:
(a) Commercial property refers to any building or structure that is used exclusively for 
commercial or business purposes;
(b) Marawi Armed Conflict refers to the 2017 armed conflict between Philippine 
Government security forces and terrorist groups that occurred in Marawi City, Lanao 
del Sur;
(c) Residential Property refers to any building or structure that is used exclusively or 
partially for residential purposes;
SEC. 4. Creation of Task Force Bangon Marawi (TFBM). - The Task Force Bangon Marawi, 
established by virtue of Administrative Order No. 3 Series of 2017, and Administrative Order No. 
9 Series of 2017, as amended, is hereby institutionalized to achieve the objectives set in the 
Marawi Recovery, Rehabilitation, and Reconstruction Program (MRRRP). The TFBM and its 
subcommittees shall function until the completion of the MRRRP and the fulfillment of the 
provisions of this Act.


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SEC. 5. Compensation for Private Properties affected by the MRRRP. - In accordance 
with Section 9, Article III of the Constitution, all properties damaged and demolished as part of 
the implementation of the MRRRP shall be compensated for:
(a) Amendment to RA 10752. - Section 3 of Republic Act No. 10752 otherwise known as 
the "Right of Way Act," is hereby amended to include the MRRRP, Debris Management 
Programs, and programs that require the demolition of private property for the search 
and recovery of Unexploded Ordnance (UXO);
(b) Determination of Replacement Cost. - Private property owners shall be granted a 
Replacement Cost for loss or destruction of property as a result of the MRRRP. The 
replacement cost shall be based on the current market value of the improvements and 
structures as determined by:
The implementing agency;
A government financial institution with adequate experience in property 
appraisal; or
iii. An independent property appraiser accredited by the Bangko Sentral ng 
Pilipinas (BSP).
In the absence of baseline data or the required documents, the cost estimates and data 
utilized for the Post-Confiict Needs Assessment (PCNA) mandated under the MRRRP may be used 
to determine just compensation. The TFBM must update the PCNA, especially on the provision of 
permanent housing within three (3) months after the enactment of this law.
(c) Entitlement to New Land Titles. - Property owners granted appropriate replacement 
cost shall not be precluded from receiving and benefitting from the MRRRP Land Titling 
Program, which intends to return real property to the owner in the form of new land 
titles.
SEC. 6. The TFBM Claims and Compensation Committee. - In addition to the existing TFBM 
subcommittees on Reconstruction, Housing, Peace and Order, Health and Social Welfare, 
Business and Livelihood, and Land Resource Management, there is hereby created a 
Subcommittee on Claims and Compensation, herein referred to as the Subcommittee, which shall 
be tasked to process claims in line with the spirit of Republic Act No. 10368, otherwise known as 
the "Human Rights Victims Reparation and Recognition Act of 2012". The Subcommittee shall be 
attached to, yet independent from the TFBM.
(a) The Subcommittee shall be chaired by the Chairperson of the Commission of Human 
Rights (CHR), co-chaired by the Head of the Bangsamoro Human Rights Commission 
(BHRC), and composed of five (5) members organic to CHR and BHRC organizations 
that comply with Section 8 of RA 10368, and two (2) members of Marawi civil society 
organizations.
(b) Honoraria and other operational expenses of the Subcommittee shall be provided by 
the TFBM, notwithstanding that the Subcommittee may seek funding assistance from 
international governing bodies or foreign aid;
(c) The Subcommittee shall be assisted by existing personnel of the CHR and BHRC 
without prejudice that the TFBM may hire additional personnel to accommodate the 
volume of work required. Likewise, the TFBM may source fund augmentation from 
International Governing Bodies, Foreign Aid, the Bangsamoro Autonomous Regional 
Government, or the Local Governments subject to existing laws, rules and regulations.
SEC. 7. Powers and Functions.-Ihe Claims and Compensation Subcommittee shall have the 
following powers and functions:


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(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;
(c) Conduct independent administrative hearings and resolve or deny applications for 
compensation;
(d) Disburse any and all compensation to qualified claimants at the earliest possible 
time;
(e) Promulgate rules and regulations to carry out the objectives of this Act; and
(f) Perform such other functions as may be necessary for the implementation of this 
Act.
SEC. 8. Resolution of Claims. - The Subcommittee shall resolve a claim for compensation 
within thirty (30) working days after the receipt of the application.
SEC. 9. Claimants, - Lawful owners or possessors who have become internally displaced 
persons (IDPs) as a result of the demolition or destruction of their private properties due to the 
2017 Marawi Armed Conflict may file a claim in accordance with the provisions of this Act:
Provided, That if the owner of the properties is deceased, 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 names by the executor or administrator of the 
deceased owner's estate in that order, shall be entitled to receive such compensation.
SEC. 10. Determination of Monetary Compensation. - The compensation claims under this 
Act shall be patterned after Republic Act No. 10368; Provided, that the widespread displacement 
and wholesale destruction of property, and its socio-cultural and religious impact on the lives of 
the people of Marawi shall be considered and given due weight.
The Commission on Human Rights en bancshaW have the authority to determine the point 
allocation to victims who died and who have been disappeared as a result of the armed conflict, 
and whose properties have been destroyed, in congruence with Section 19 of RA10368: Provided, 
That the monetary award for claimants under this Act shall be equivalent and not exceed the 
monetary amount granted to the human rights victims recognized by RA 10368.
SEC. 11. Consolidation of Claims. - The Subcommittee shall determine the final budgetary 
requirement to award all claims which shall be submitted to the Department of Budget and 
Management (DBM) through the TFBM.
SEC. 12. Awarding of Monetary Compensation. - The award of monetary compensation 
shall take effect upon its reflection in the Annual General Appropriations Act and upon the 
Subcommittee's completion and approval with finality of each eligible claim pending before it, and 
after due publication of such legitimate claim; Provided, That any pending appeal filed by an 
aggrieved claimant before the Subcommittee must be resolved by it within sixty (60) days after 
concluding the final list of claimants and monetary amount to be granted.
The CHR and BHRC shall develop procedures for the awarding of monetary compensation 
to rightful claimants in accordance with national laws, policies, and regulations respecting at all 
times the right to self-determination of the Bangsamoro afforded by Republic Act No. 11054 or 
the Bangsamoro Organic Law. A special audit shall be conducted by the Commission on Audit 
upon the termination of the existence of the TFBM.
SEC. 13. Publication. - The Subcommittee shall set the period for the commencement and 
termination of applications by property owners and cause the publication of a formal 
announcement about such application; Provided, That such period shall be effective fifteen (15) 
days after its publication in two (2) newspapers of general circulation.
SEC. 14. Period of Filing Claims; Waiver. - Claims for compensation may be filed with the 
Subcommittee within one (1) year after it has been duly organized, and in accordance with the


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rules and regulations to be promulgated to implement this Act; Provided, That the failure to file 
an application within the said period shall be deemed a waiver of the right to file the same.
SEC. 15. Appeal. - Any aggrieved claimant or oppositor to a claim may file an appeal within 
fifteen (15) calendar days from the receipt of the decision pf the Subcommittee, otherwise, the 
Subcommittee's decision shali become finai and executory.
SEC. 16. Penalties, Applicability of the Revised Pena! Code. - Fraud committed in the 
course of availing of the compensation provided by this Act shaii be referred to the appropriate 
government office for prosecution. In addition to any penalty imposed by the competent court, 
the person who committed or caused the commission of the fraud shaii be disqualified from public 
office and employment, and shall be prohibited from being voted upon in any national or local 
election, even after the service of the sentence unless granted absolute pardon.
Any member of the Subcommittee 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. 17. Appropriations. - The amount necessary for the initial implementation of this Act 
shall be charged against the current year's appropriations of the National Disaster Risk Reduction 
and Management Fund for the Marawi Recovery, Rehabilitation, and Reconstruction Program. 
Thereafter, such amount as may be necessary for the implementation of this Act shall be included 
in the annual General Appropriations Act.
SEC. 18. Implementing Rules and Regulations (JRR) and Guidelines. - The Chairperson 
of the CHR, Secretary of Finance, Secretary of Budget and Management, Head of the Bangsamoro 
Human Rights Commission, Chairperson of the TFBM, and the Secretary of the National Economic 
and Development Authority (NEDA) shall promulgate the implementing ruies and regulations 
(IRR) within sixty (60) days after the effectivity 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 Subcommittee 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 grounds 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.
The Rules and Regulations shall be effective fifteen (15) days after its publication in two 
(2) national newspapers of general circulation.
SEC. 19. Congressional Oversight Committee. - There is hereby created a Joint 
Congressional Oversight Committee to oversee, monitor, and evaiuate the implementation of this 
Act.
The Oversight Committee shall be composed of five (5) members each from the Senate 
and the House of Representatives, to be designated by the Senate President and the Speaker, 
respectively, including the Chairpersons of the Committees on Disaster Resilience, and Human 
Rights of both Houses; Provided, That at least two (2) members from each House shall be 
members from the Minority.
SEC. 20. Mandatory Evaluation and Review. - Three (3) years after the effectivity pf this 
Act, the Subcommittee shall conduct a mandatory review and submit a status report on the 
implementation of this Act.


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SEC. 21. Sunset Clause. - Upon the completion of the MRRRP but not exceeding five (5) years 
after the effectivity of this Act, the TFBM and all its subcommittees shall cease to exist, and this 
Act shall have no further official authority or legal effect.
SEC. 22. Separability Ciause. - 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. - Section 3 of Republic Act 10752 otherwise known as the Right 
of Way Act is hereby amended. All other laws, decrees, executive, orders, rules and regulations 
or parts thereof inconsistent with any of the provisions of this Act, are hereby repealed or 
amended accordingly.
SEC. 24. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or In a newspaper of general circulation.
Approved,