IRR of RA 11696 Marawi Siege Compensation Act

Policy, intent, and guiding principles

The State policy under the IRR is consistent with the 1987 Constitution and international human rights law and conventions.
The IRR declares as policy to:
- Value human dignity and guarantee full respect for human rights, including rights of indigenous cultural commodities and vulnerable groups such as women and children;
- Provide compensation for persons who died during the 2017 Marawi Siege and reparation to internally displaced persons (IDPs) whose damaged or demolished properties and possessions cannot be covered;
- Fulfill obligations under international human rights and humanitarian laws recognizing basic principles and guidelines on the right to remedy and reparation for victims of gross human rights violations; and
- Recognize the essence of reparation and compensation for persons and families whose economic, social and cultural rights were unfilled due to armed conflicts under Section 3.

Core definitions used throughout

The IRR defines a Claimant as the lawful owner of covered property, or for a deceased property owner, the legal heirs or the person named by the executor or administrator, who may file with the Board under Sections 29 (a), (b), (c), 30 and 31.
The IRR defines Covered Areas as Man Affected Areas (MAA) and Other Affected Areas (OAA), and Covered Property as residential, cultural, commercial properties, personal properties, and other properties existing in the Covered Areas at the time of the Marawi Siege that are subject to compensation under the Act.
The IRR defines key compensation and valuation concepts including:
- Compensation as the money awarded by the Board upon favorable resolution;
- Damages as actual damage proved by the claimant, subject to exceptions by law or stipulation;
- Fair Market Value as the price agreed between a willing buyer and a willing seller, not compelled;
- Just Compensation as the full and fair equivalent including consequential benefits and damages at the time of taking; and
- Replacement cost and repair cost methodologies under Annex A and definitions in Section 5.
The IRR defines the temporal and factual framework for eligibility concepts including:
- Marawi Siege as the armed conflict in Marawi City, Lanao del Sur between May 23, 2017 and October 23, 2017; and
- Loss of Lives as the death of any civilian between May 23, 2017 and October 17, 2017.
The IRR defines Main Affected Areas (MAA) as twenty-four (24) barangays in Marawi City, listing each by name, and defines Other Affected Areas (OAA) as eight (8) barangays, listing each by name, under Section 5(s) and Section 5(x).
The IRR defines Internally Displaced Person (IDP) as persons forced to flee or leave homes within Marawi City without crossing an internationally recognized border due to or to avoid the effects of the Marawi Siege under Section 5(l).
The IRR defines Legally Presumed Dead for purposes of claiming compensation as a civilian last seen in Marawi City under circumstances putting him/her in danger of death during the siege period, missing thereafter, with existence or whereabouts unknown for at least four (4) years, or where disappearance date is unknown, as of October 17, 2017 under Section 5(o).
The IRR defines relevant property categories including Residential Property, Commercial Property, Cultural Properties and Facilities, Madaris, Equipment of Value, and Other Properties, including personal properties and equipment connected to trade or business within the Covered Areas at the time of the Marawi Siege under Section 5.

Marawi Compensation Board: structure and powers

The IRR creates the Marawi Compensation Board (MCB) as an independent and quasi-judicial body under Section 6.
The Board is composed of nine (9) members with qualifications including:
- Known probity, competence, and integrity;
- Deep understanding of compensation under international law and Philippine law;
- At least three (3) members of the Philippine Bar (preferably Maranao lawyers) engaged in law practice for at least five (5) years;
- Two (2) representatives from civil society organizations, at least one either a Sharia lawyer or a Muslim traditional leader;
- One (1) licensed physician, one (1) certified public accountant, one (1) educator, and one (1) licensed civil engineer under Section 6.
The Board must organize itself within thirty (30) days from appointment and thereafter organize its Secretariat under Section 6(f).
The President appoints the Chairperson and the other eight (8) members, and organizations of traditional leaders, professionals, the Ulama, and civil society organizations may submit nominations under Section 7.
The Board’s powers and functions include:
- Receiving, evaluating, processing, and investigating claims;
- Issuing subpoenas ad testificandum and duces tecum;
- Conducting independent administrative proceedings and resolving disputes over claims;
- Approving with finality all eligible claims;
- Disbursing compensation to qualified claimants at the earliest possible time;
- Promulgating rules for proceedings, with the Revised Rules of Court applying suppletorily; and
- Exercising administrative control and supervision over the Secretariat under Section 8.

Board leadership, divisions, and voting

The Chairperson has CEO powers including appointing Board personnel, administering day-to-day operations, implementing Board decisions and policies, and directing implementation of Board standards and rules, under Section 9(a).
The Chairperson has presiding powers including calling sessions, presiding over sessions and hearings, preserving order and decorum, deciding questions of order, and adjourning proceedings for absence of quorum, serious disorder, or emergency, under Section 9(b).
The Board sits through three (3) Divisions that exercise adjudicative powers simultaneously and independently under Section 10.
Each Division has one (1) Presiding Member (a Philippine Bar member) and two (2) Members, and the Chairperson is Presiding Officer of the First Division under Section 10.
A Division requires:
- A quorum of at least two (2) Members; and
- Deliberation and an affirmative vote of at least two (2) Members for pronouncement of a resolution under Section 10.
The Board also sits En Banc for administrative and adjudicative functions under Section 11.
En Banc quorum is five (5) members, and decisions or resolutions require the majority of the members present under Section 11.
Where necessary majority vote cannot be had, the claim is denied under Section 11.
An appeal may be filed by the aggrieved party within fifteen (15) days from receipt of decision under Section 11.

Decisions, postings, opposition, and publication effects

Every decision or final resolution must be in writing, stating findings of fact and conclusions of law, signed by the members under Section 12.
Resolutions rendered by Divisions are elevated to the Board En Banc for final disposition under Section 12.
The monetary award must be posted for thirty (30) days by the Board Secretary in three (3) conspicuous public places, and the amount must not be published to protect data privacy and claimant safety under Section 12.
Within thirty (30) days from posting, any concerned party may file a written opposition with the Board En Banc under Section 12.
No disbursement for monetary compensation may be authorized unless thirty (30) days have lapsed from posting and no opposition has been filed, and disbursement must be contained in the final and executory decision of the Board En Banc under Section 12.
Decisions, orders, and resolutions must be served as far as practicable by personal service, registered mail, or accredited courier under Section 12.
The Board maintains a principal office in Marawi City, a satellite office in Iligan City, and a liaison office in Metro Manila under Section 13.
Regular meetings occur on the first Monday of every month; if a meeting falls on a holiday, it is held the next working day, with three (3) days written notice to members and minutes furnished seven (7) days before the next regular meeting under Section 14.

Secretariat and Board Secretary functions

The Board is assisted by a Secretariat drawn from the existing personnel of the Department of Human Settlements and Urban Development (DHSUD), without preventing the Board from hiring additional personnel as needed under Section 17.
The Board Chairperson appoints a Board Secretary who heads the Secretariat for the Board’s duration under Section 17.
The IRR specifies positions and salary grades for legal and administrative staff, and allows hiring additional personnel consistent with Civil Service Commission issuance when necessary under Section 17.
The Secretariat’s functions include:
- Receiving, evaluating, processing, and investigating applications;
- Recommending approval of claims;
- Assisting technical functions;
- Recommending procedures to expedite processing; and
- Performing other Board-assigned duties under Section 18.
The Board Secretary’s functions include supervision of the Secretariat, sending notices, keeping accurate records, delegating recordkeeping functions, calling the roll, recording administrative issuances and official acts, authenticating document submissions, verifying forum shopping rules for just compensation and for claims involving demolished properties, validating government benefits, posting lists of claims applications and approved claims, and submitting quarterly accomplishment and progress reports under Section 19.

Claim filing: periods, modes, and no fees

Claims must be filed with the Board within one (1) year from the date of commencement until the date of termination of applications for compensation by claimants under Section 21.
Failure to file within the filing period results in waiver of the right to file under Section 22.
Applications must be personally filed with the Secretariat at the Board principal office in Marawi City, satellite office in Iligan City, or at designated onsite or satellite intake offices under Section 23.
Electronic filing is allowed when the Board Secretariat determines the claimant cannot file personally; filing may be done through the Board-designated online platform, but original documents must be submitted to the Secretariat under Section 24.
The manner and procedure for appointment and filing logistics are announced by the Board Secretary via online platforms, and the Board Secretary may recommend other methods subject to Board En Banc approval under Section 25.
No fees are charged for filing of claims or appeals; photocopying, scanning, and similar costs are borne by the applicant or appellant under Section 26.

Eligibility proofs and documentary requirements

The applicant must qualify as eligible claimant under Section 29 and show eligibility to the Board through Divisions with proof under Section 29.
Eligible claimants include, in covered areas (MAA or OAA), lawful owners (or legal heirs/authorized persons for deceased owners) of:
- Residential, cultural, and commercial structures destroyed or damaged totally or partially during the Marawi Siege;
- Other properties and/or personal properties destroyed or damaged totally or partially during the Marawi Siege, including lessees/renters and sharers;
- Private properties demolished pursuant to the MRRRP; and
- A legal heir of a civilian who died or is legally presumed dead due to or on the occasion of the Marawi Siege under Section 29.
Applications may be filed by lawful owners or their authorized persons, legal heirs, or persons named by the executor/administrator of the deceased property owner in the absence of legal heirs under Section 30.
The IRR requires documentary submissions under Section 31, including:
- A Claims Application Form;
- Competent Proof of Identity such as voter ID, passport, driver’s license, PSA birth certificate, and other government-issued IDs;
- A Detailed Sworn Statement of loss and damaged structures/properties;
- Proof of ownership or authority, depending on claim type (structures, personal properties, MRRRP-demolished properties, or legal heirs for death/presumed death).
For structures in MAA or OAA, proof may include certifications and records such as certification of title, tax declaration, statement of assets liabilities and net worth, deed of conveyance, Kapasadan or traditional mode of transfer executed before the Marawi Siege, barangay possession certifications, voter lists, COMELEC registration certification, PSA household survey certification, and utility consumer certifications, plus permits and documentation including building/business permits and photographs/videos under Section 31(a).
For personal properties and other properties (including lessees/renters and sharers), proof may include contracts of lease, business permits, DTI/SEC/CDA/TESDA/CHED/MBHTE certifications, permits to operate, BIR tax identification map, official receipts, police reports, appraisal reports, and photographs/videos under Section 31(b).
For private properties demolished pursuant to MRRRP, requirements include proof of ownership, plus Sworn Declaration of No Pending Case for Expropriation under Section 31(c).
For legal heirs of a civilian who died or is legally presumed dead:
- Proof of filiation and relationship must come from PSA or the Office of the Local Civil Registrar, or affidavits of at least two (1) disinterested individuals in the absence of PSA/LCR documents;
- Other documents may include death certificates, physician certification, sworn statement regarding death or presumed death, undertaking affidavits when claiming illegal presumption, missing person reports, ICRC attestation of absence, voter card cancellation documentation, and certifications from competent authorities under Section 31(d).
When the person filing is not the lawful owner for structures/personal properties/demolished properties, additional documentation applies, including:
- Notarized Special Power of Attorney for authorized representatives;
- For legal heirs of deceased property owners, proof of filiation and relationship plus a notarized Special Power of Attorney executed by co-heirs naming a representative under Section 31(e)-(f); and
- For persons named by the executor/administrator, court order or last will establishing authority plus documentation naming and authorizing the person to file under Section 31(g).

Presumed death: effect and refund obligations

The presumption of death without need of judicial declaration is used solely for claiming compensation under the Act through these IRR, and the presumption ceases immediately if the person reappears under Section 32.
If the legally presumed dead person reappears or is found alive, the award recipients must return the full amount received as compensation, without prejudice to civil, criminal, and administrative actions under Section 33.

Dispute Resolution Unit (DRU) and conflict handling

A Dispute Resolution Unit (DRU) is created to resolve disputes on submitted claims under Section 34.
DRU is composed of:
- One (1) IBP Lanao del Sur Chapter member to head the unit,
- One (1) Shari’ah counselor,
- One (1) traditional leader,
- One (1) religious leader,
- One (1) representative from the City Engineering Office as recommended by the City Mayor,
- One (1) representative from the concerned Barangay as recommended by the Punong Barangay under Section 34.
DRU members are appointed by the Chairperson with Board En Banc confirmation and have a one (1) year term subject to reappointment or earlier termination by the Board En Banc under Section 34.
DRU has a Secretariat assigned by the Board Secretary to record proceedings and recommendations under Section 34.
The DRU resolves disputes by majority vote within fifteen (15) calendar days from submission for resolution under Section 36.
A DRU resolution within its jurisdiction has the force and effect of a recommendation of the Secretariat under Section 37.
DRU members and head receive a reasonable per diem for every DRU meeting under Section 38.

Summary proceedings, evidence standard, and timelines

Board proceedings are summary in nature guided by the Revised Rules on Summary Procedure and rules on prohibited pleadings and motions as applicable; the only pleadings are:
- The claims application with attachments,
- Opposition to eligibility,
- And appeal under Section 28.
The Board may require presence of the claimant, witnesses, and/or oppositor to clarify material facts under Section 28.
Eligibility must be proven by substantial evidence, and submissions are validated and verified using government records, databases, and other relevant sources prior to resolution under Section 27.
Any issue, claim, or appeal before the Board En Banc or Divisions is decided by majority vote within fifteen (15) calendar days from time it is deemed submitted for resolution under Section 40.
Board proceedings are non-litigious, and the Board may use reasonable means to ascertain facts speedily, including ocular inspection and examining well-informed persons, with assistance or deputization of appropriate government entities under Section 55.
Substantive compliance requires that the claim application contains all necessary information and documentation for eligibility determination under Section 5(ff).

Determining monetary compensation

Monetary compensation awards for loss of lives are determined by the Board En Banc such that heirs of persons who died or are legally presumed dead receive State compensation free of tax with a minimum amount of PHP 300,000.00 under Section 41(a).
The PHP 300,000.00 minimum amount is awarded to all heirs collectively, not individually, and the Board does not determine successional rights under Section 41(a).
For damaged structures, the Board determines monetary compensation for the lawful owner(s) based on the whichever is lower of Fair Market Value or replacement cost/repair cost depending on extent of damage under Section 41(b).
For valuation of totally damaged structures, the standard replacement costing per square meter used by the Board are:
- Pure concrete: PHP 18,000 per square meter;
- Mixed concrete and wood: PHP 13,500 per square meter;
- Light or pure wooden: PHP 9,000 per square meter under Section 41(b)(1).
For valuation of partially damaged structures, standard repair costing per square meter are:
- Pure concrete: PHP 12,000 per square meter;
- Mixed concrete and wood: PHP 9,500 per square meter;
- Light or pure wooden: PHP 6,000 per square meter under Section 41(b)(2).
Standard cost formulations for totally and partially damaged structures are set out in Annex A, including percentage per scope of works and totals under Annex A.
For claims of loss or destruction of other properties and/or personal properties, the claimant must present competent evidence of loss/destruction, ownership, and fair market value at the time of loss, and the Board determines sufficiency and sufficiency for compensation under Section 41(c).
If structures are totally damaged and there is no fair market value for house contents, the Board may, on the recommendation of the Board Secretary, use the optional standard valuation in Annex A under Section 41(c).

Non-monetary compensation and victim rehabilitation

The Board coordinates with the Bangsamoro Government and the National Government to ensure protection of victims’ rights and to undertake rehabilitation and development programs under Section 56.
The Bangsamoro Government, in coordination with National Government, local government units where IDPs are located, and appropriate national agencies, ensures continued access to livelihood assistance, skills and training programs, loan assistance, and other related activities to assist recovery of lost income streams under Section 56.
The Board may recommend non-monetary compensation to concerned national agencies, including the Task Force Bangon Marawi, development agencies, and Bangsamoro government offices under Section 56.
Non-monetary programs include memorialization of victims and heroes, including names of those who died, went missing, or acted valiantly for the government and community during the Siege, and recording stories/recollections for complete healing of victims, relatives, and the community under Section 56.
The MCB may conduct regular consultations with IDPs to raise issues and concerns related to the non-monetary compensation program through a transparent and participatory process under Section 57.

Exclusions, deductions, and waiver effects

Awards of compensation are free from tax under Section 43 and Section 41(a).
Compensation for claims for compensable property covered by insurance is limited to the amount not covered by insurance under Section 44.
Compensation received under the Act is treated as complete satisfaction of all damage from the loss or destruction of the covered property sustained by the owner, unless Congress provides additional monetary compensation under Section 45.
Claimants who file claims for just compensation for structures demolished under the MRRRP waive their right to file claims for compensation under the Act under Section 46.
For private properties demolished under the MRRRP, the government compensates owners under the following rules:
- MRRRP debris management programs and demolitions for UXO search and recovery are treated as national government properties and compensated under Republic Act No. 10752, titled “The Right-of-Way Act” under Section 46(a);
- The implementing agency offers as compensation price the current market value of the land plus replacement cost of structures and improvements under Section 46(b);
- The implementing agency determines price offer using a government financial institution for appraisal or an independent property appraiser accredited by the BSP or a recognized professional appraisers association procured under Republic Act No. 9184 and its IRR for consulting services under Section 46(c).
The validated cost estimates and data utilized for the Post-Conflict Needs Assessments (PCNA) mandated under the MRRRP may be used if baseline data or required documents are unavailable under Section 46.
The Office of Civil Defense (OCD), in coordination with Task Force Bangon Marawi (TFBM), updates the PCNA report within three (3) months after the effectivity of the Act for assessing damage degree and actual or estimated valuation, considering DENR post-siege social cartography activities and damages from areas accessible only after security threat mitigation under Section 46.
The updated PCNA report produces information used for assessing replacement cost for residential and commercial structures, programming housing sector interventions, and designing livelihood asset restoration and assistance projects proportionate to losses under Section 46.
Benefits granted to claimants under Section 46 are deducted from the total compensation to be awarded, excluding social service aides such as financial assistance, skills/training, and livelihood programs; the Secretariat verifies such government benefits under Section 47.
The Board and Secretariat may use the updated PCNA report, DENR Social Cartography, TFBM Kathanor, and other agency data as additional reference for monetary award determination and claimant eligibility under Section 48.

Opposition, finality, appeal, and disbursement restrictions

Any concerned party may file a written opposition from filing time until the award’s monetary compensation finality on grounds including:
- Fraudulent or spurious claim;
- Claimant not eligible under Section 29;
- Claim not enumerated under Section 29; or
- Any other justifiable ground deemed proper by the Board under Section 50.
The Board En Banc receives opposition within fifteen (15) calendar days from when opposition is deemed submitted for resolution under Section 50.
The award of monetary compensation takes effect within thirty (30) calendar days after the Board approves with finality each eligible claim pending before it and after due publication under Section 51.
Appeals may be filed by aggrieved claimants or oppositors within fifteen (15) calendar days from receipt of the decision to the Board En Banc on grounds that:
- The resolution is not supported by law or is contrary to evidence; or
- The appealing party was deprived through no fault attributable to him/her of the opportunity to present evidence under Section 52(a)-(b).
If no appeal is filed, the Board En Banc decision becomes final and executory under Section 52.
Any pending appeal before the Board En Banc must be resolved not later than sixty (60) days before it becomes functus officio under Section 52.
No special power of attorney is recognized in the actual disbursement of the award; only the owner or successor-in-interest personally receives the compensation, unless the owner is incapacitated or in other meritorious cases satisfactory to the Board under Section 53.

Funds, audits, and oversight mechanisms

The principal funding source for monetary compensation is included in the annual General Appropriations Act under Section 60.
The Board ensures proper disbursement of appropriated and available funds in accordance with Congress’ policies, relevant government rules, regulations, and accounting procedures under Section 61.
A special audit by the Commission on Audit (COA) must be conducted three (3) years from the time the Board was organized, and there is a final special audit upon accomplishment of objectives under Section 61.
The IRR creates a Joint Congressional Oversight Committee to oversee, monitor, and evaluate implementation of the Act under Section 64.
The Oversight Committee has five (5) members each from the Senate and the House of Representatives designated by the Senate President and Speaker respectively, with at least two (2) members from each house coming from the Minority under Section 64.
The Board conducts a mandatory evaluation and review three (3) years after the effectivity of the Act, submitting a status report to Congress and the COA under Section 65.

Compliance sanctions for fraud and misuse

If the Board finds after due hearing that a claimant filed a fraudulent claim, the