Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Hon. MUJIV S. HATAMAN of the Lone District of Basilan
and Hon. AMIHILDA J. SANGCOPAN of Anak Mindanao (AMIN) Party-
list

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EXPLENATORY NOTE

In affirmation of the state policy recognizing and valuing the dignity of every
person thereby guarantees full respect for human rights, we are duty-bound to
Fecognize the suffering of our people as an aftermath of the five-month long armed
fighting in Marawi City, Lanao del Sur that started on May 23, 2017. Dubbed as “Marawi
Siege’, the armed fighting did not only cause considerable loss of life, but also wreaked
havoc on infrastructure. An estimated 95% of the infrastructure was damaged in the
main battle area.

‘This massive infrastructure damage is definitely one of the greatest challenges
facing the government's rehabilitation effort of Marawi City. Also, the armed fighting not
only created housing problems but livelihood issues of the residents, a well. It is
therefore the duty of the State to address the loss and destruction of property of Maraw!
City residents.

‘The bill proposes for the adoption of a compensation scheme for the damage
done to the people's property, home appliances, jewelries, vehicles, machineries, rice
mls, and other equipment of value, lost or damaged as a result of the Marawi Siege.

With the foregoing, the passage of this bill is earnestly sought.

strict of Basilan ‘Anak Mind&rao{AMIN) Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

543
HOUSE BILL NO.

Introduced by Hon. MUJIV S. HATAMAN of the Lone District of Basilan
and Hon. AMIHILDA J. SANGCOPAN of Anak Mindanao (AMIN) Party-
list

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

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

CHAPTER I
PRELIMINARY PROVISIONS

SEC. 1. Short Title. - This Act shall be known as the “Marawi Siege Victims
Compensation Act of 2019".

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) Real property, ie Land, or any
property attached directly to it damaged as a result of the 2017
Marawi Siege; (2) Home appliances, jewelries, vehicles, machineries
and other equipment of value damaged or lost as a result of the 2017
Marawi Siege.

c. 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:

. LumbacMadaya

. South Madaya

. Raya Madaya 1

. Raya Madaya 2

SabalaAmanao

SabalaAmanao Proper

Tolali

. Daguduban

. Norhaya Village

10.Banggolo

11. BubongMadaya

12. LilodMadaya

13.Dansalan

14.DatusaDansalan
15.SangkayDansalan
16.Moncado Colony
17.MoncadoCadingilan
18.Marinaut West
19.Marinaut East
20.Kapantaran

2.11. WawalayanMarinaut

22.LumbacMarinaut

23.TucaMarinaut
24.Datu Naga

Pernavsone

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

Saduc Proper
PanggaoSaduc

Raya Saduc
LilodSadue

Datu Saver

Bangon

Fort

.. Wawalayan Caloocan

@PNAMSENE


. Lawful Owner- refers to victims with TCT’s or OCT’s, excluding those
who have built their structures without a building permit.

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 destruction of
the properties sustained by the owner thereof.

SEC. 5. Source of Compensation. - The amount of Thirty Billion
(P30,000,000,000.00) Pesos shall 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 time three years in three equal
amounts.

CHAPTER I
THE MARAWI COMPENSATION BOARD

SEC. 6. Creation and Composition of the Marawi. - 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 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
compensation as a concept in international law and Philippine law;


c. 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;

c. Conduct independent administrative proceedings and resolve dispute
over claims;

d. Approve with finality all eligible claims under this Act;

€. Deputize appropriate government agencies to assist it in order to
effectively perform its functions;

f. Exercise administrative control and supervision over its secretariat;

g. The Board, at its discretion, may consult the organizations mentioned
in Section 9 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;
c. 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 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 (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 compensation
for rightful claimants

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 claimants 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
values 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 withinone (1) yearfrom 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 bane 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


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 five (5) 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. 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.