QuestionsQuestions (IRR OR Republic Act No. 11696)
It is to ensure proper, efficient, and effective implementation of the Act and to provide guidelines for: (a) transparency in processing claims; (b) procedure allowing concerned parties to oppose claims on grounds of fraud/fictitious/spurious claims with opportunity to present evidence; and (c) a speedy and expeditious procedure respecting fundamental rights.
They must be liberally construed in favor of facilitating the award of compensation to qualified claimants.
A lawful owner of covered property, or in case of deceased property owner, his/her legal heirs, or such other person named by the executor or administrator of the deceased owner's estate, who may file a claim in accordance with the IRR provisions.
Man Affected Areas (MAA) and Other Affected Areas (OAA), as defined in the IRR.
Fair Market Value is the price agreed by a willing buyer and willing seller. Just Compensation is the full and fair equivalent of the loss, including the fair market value plus consequential benefits and consequential damages at the time of taking.
It is an independent and quasi-judicial body created to receive, evaluate, process, investigate claims and resolve disputes over them, with authority to approve eligible claims with finality and disburse compensation.
Members must be of known probity, competence, and integrity; have deep knowledge of compensation; at least three (3) must be Philippine Bar members (preferably Maranao lawyers) with at least five (5) years practice; two (2) from civil society (at least one Sharia lawyer or Muslim traditional leader); and specific professional representation (licensed physician, CPA, educator, licensed civil engineer).
There are three (3) Divisions. Each has one (1) Presiding Member (Philippine Bar) and two (2) other members. For quorum, at least two members must attend. For a resolution in Divisions, the resolution requires the affirmative vote of at least two members.
Five (5) members constitute quorum. The affirmative vote of the majority of members present is required. If the necessary majority vote cannot be had, the claim is denied.
An appeal may be filed within fifteen (15) days from receipt of the decision.
The award is posted for thirty (30) days by the Board Secretary in three (3) conspicuous public places (without publishing the amount for data privacy and safety). Within thirty (30) days from posting, any concerned party may file a written opposition with the Board En Banc. No disbursement is authorized until thirty (30) days have lapsed from posting and absent opposition, and disbursement must be contained in the final and executory Board En Banc decision.
Claims for compensation must be filed within one (1) year from the date of commencement to the date of termination of applications for compensation by claimants.
The claimant is deemed to have waived the right to file the claim.
Substantial evidence is required. Evidence submitted by applicants must be validated and verified through appropriate government records, databases, and other relevant material sources.
Only the claim application with necessary attachments, opposition to eligibility, and appeal are to be filed; other pleadings/motions are generally not allowed under the prohibited pleadings rule, though the Board may require the presence of claimants/witnesses for clarification of material facts.
Lawful owners (or persons lawfully authorized by them) of covered structures/properties; legal heirs of deceased civilians or presumed-dead civilians; and persons named by the executor or administrator of the deceased owner's estate in absence of legal heirs specified.
(a) Claim application form, competent proof of identity, detailed sworn statement of loss/damage, and proof of ownership such as title or tax declaration or barangay certification of possession, affidavits, voter/COMELEC certifications, PSA household survey certification, utility certifications, building/business permits, photos/videos, or other competent documents. (b) Claim application form, competent proof of identity, proof of filiation/relationship (PSA/O LCR or affidavits of at least two disinterested individuals), and other documents such as death certificates or physician certification, sworn statement of actual/presumptive death, undertaking for illegally presumed dead, missing person report, ICRC absence attestation, cancellation of voter card/ID, and certifications from competent authority.
A civilian last seen under dangerous circumstances and missing/absent/unheard from after the siege period with unknown whereabouts for at least four (4) years (or as of Oct. 17, 2017 if disappearance date unknown) is legally presumed dead for compensation purposes only, without need of judicial declaration; the presumption ceases if the person reappears.
Recipients must return the full amount received as compensation, without prejudice to civil, criminal, and administrative actions.
The Board awards based on the lower of Fair Market Value or the replacement cost (for totally damaged structures) / repair cost (for partially damaged structures). Replacement and repair values use standard costing by housing type and scope, with totals contained in Annex A.