Construction and Interpretation
- The rules are to be liberally construed to fulfill the Act's goals.
- Ambiguities should favor facilitating claims compensation.
Definitions
- Key terms include claimant, cultural/commercial/residential property, internal displaced persons, just compensation, legal heirs, MAA and OAA (affected areas), Marawi Siege definition, replacement/repair cost, and others.
- Definitions clarify claimant eligibility, property types, valuation standards, and procedural concepts.
Marawi Compensation Board (MCB) Composition
- Independent quasi-judicial body with 9 members including lawyers, civil society representatives, physician, accountant, educator, and civil engineer.
- Members must have integrity and knowledge of compensation law.
- Organized within 30 days of appointment, with a secretariat.
Appointment
- The President appoints members with nominations from traditional leaders, professionals, Ulama, and civil society.
Powers and Functions of the Board
- To receive, evaluate, investigate claims.
- Issue subpoenas.
- Conduct administrative proceedings, resolve disputes, approve claims, and disburse compensation.
- Promulgate rules, consult organizations, supervise secretariat.
Chairperson's Powers
- CEO functions: appoint personnel, supervise operations, implement board decisions.
- Preside over sessions, maintain order, decide questions of order, manage meetings.
Board Divisions and En Banc
- Board split into 3 Divisions with adjudicative powers.
- Quorum and voting rules detailed for divisions and En Banc sessions.
- Decisions must be in writing, clear on facts and law, and posted publicly.
- Awards posted for 30 days allowing opposition before disbursement.
Offices and Meetings
- Principal office in Marawi City, satellite in Iligan City, liaison in Metro Manila.
- Regular monthly meetings with proper notice and recordkeeping.
Compensation and Budget
- Chairperson and members have salaries equivalent to Court of Appeals Justices.
- Board funded initially from contingent fund, capped budget annually.
Secretariat
- Staffed by DHSUD personnel with a Board Secretary heading.
- Positions span attorneys, investigators, engineers, administrative aides, and technical support.
Secretariat Powers and Duties
- Receive, evaluate, investigate claims.
- Recommend claim approvals.
- Assist board technically and propose processing improvements.
- Manage records, verify documents, and support Dispute Resolution Unit.
Claims Processing
- Secretariat ensures completeness and substantive compliance.
- Disputes referred to Dispute Resolution Unit (DRU).
- Claims must be filed within one year or waived.
- Personal and electronic filing options available.
- No fees charged for filing claims or appeals.
Claim Eligibility
- Claimants: lawful property owners, heirs, executor-named persons.
- Damaged or destroyed residential, cultural, commercial, personal properties in covered or MRRRP-affected areas.
- Heirs of civilians who died or presumed dead during the siege.
Documentary Requirements
- Ownership proof includes titles, tax declarations, affidavits, permits, voter registration certifications, photographs, invoices, receipts.
- Claims by heirs require filiation proofs and special powers of attorney if representing co-heirs.
- Claims may include deceased property owner's estate executors.
Presumptive Death and Return of Compensation
- Presumption of death for missing persons for claim purposes only and ceases if found alive.
- Recipients must return compensation if the presumed dead person reappears.
Dispute Resolution Unit
- Comprises legal, religious, community representatives, city engineering and barangay reps.
- Resolves disputes within 15 days.
- Resolutions act as recommendations to the Secretariat.
- Members remunerated per meeting.
Transparency and Accountability
- Strict recordkeeping of claims and decisions.
- Decisions resolved by majority vote within 15 days.
Monetary Compensation Determination
- Loss of lives: heirs receive Php 300,000 collectively tax-free.
- Damaged structures: compensation based on lower of fair market value or replacement/repair standard cost (detailed cost per construction type provided).
- Other property claims require proof of loss, ownership, and market value.
Compensation Tax Exemption and Exclusivity
- No tax on compensation.
- Compensation limited by insurance coverage.
- Compensation under the Act is complete satisfaction unless Congress provides otherwise.
MRRRP Demolished Properties
- Compensation based on current market value or replacement cost.
- Implementing agencies responsible; may use appraisers or PCNA data for valuation.
- Claimants waive right to additional claims under this Act for demolished properties.
Deduction of Other Government Benefits
- Benefits like financial aid or livelihood excluded from deduction.
- Secretariat verifies other government aid claims.
Use of Official Data
- Board and Secretariat may use official reports and data (PCNA, cartography, etc.) for claims evaluation and compensation.
Assistance from Government Agencies
- Agencies required to assist claimants in document procurement and validation.
Opposition and Appeals
- Parties may oppose claims on grounds of fraud, ineligibility, or other justifiable reasons.
- Appeals to Board En Banc allowed within 15 days of decision.
- Unappealed decisions become final.
Disbursement Rules
- Compensation paid only to owners or lawful successors in person unless incapacitated.
- No special power of attorney accepted for disbursement.
Procedural Rules
- Summary proceedings apply; no strict formal pleadings except claims, opposition, and appeals.
- Board empowered to ensure due process, expedite fact-finding by various means.
- Suppletory application of Revised Rules of Court allowed if convenient.
Non-Monetary Compensation
- Coordination with Bangsamoro and national government to provide psychosocial support, livelihood, and commemoration programs.
- Regular consultations with internally displaced persons to address concerns transparently.
Confidentiality and Media Assistance
- Board ensures confidentiality to protect claimants; relies on Data Privacy Act.
- Media and civil society may assist in evidence gathering.
Funding
- Annual appropriations fund monetary awards.
- Proper disbursement subject to audit by COA, including special audits.
Penalties
- Filing fraudulent claims leads to prosecution and disqualification from public office.
- Misuse or embezzlement of funds by Board members or employees is punishable.
Congressional Oversight and Sunset
- A Joint Congressional Oversight Committee oversees implementation.
- Mandatory review in 3 years with report to Congress and COA.
- Board dissolved after 5 years, with DHSUD continuing residual functions.
Amendments and Separability
- Board may amend IRR consistent with the Act.
- Unconstitutional provisions do not invalidate the remainder.
Effectivity
- IRR effective 15 days after publication in two newspapers.
Annex A: Cost Standards and Property Valuation
- Replacement and repair cost rates per construction type defined.
- Average value of house contents provided by housing type.
- Examples included for calculation of compensation on totally damaged structures.