Definition of Terms
- Residential Property: Buildings used for housing.
- Marawi Siege: 2017 armed conflict in Marawi City.
- Cultural Property and Facilities: Mosques, madaris, schools, hospitals.
- Commercial Property: Buildings used for business.
- Other Properties: Appliances, jewelry, machinery, rice mills.
- Main Affected Areas (MAA): 24 specified barangays affected by the siege.
- Other Affected Areas (OAA): 8 other barangays affected.
Entitlement to Monetary Compensation
- Owners of residential, cultural, commercial, and other properties in MAA or OAA qualify for compensation from the State.
- Compensation is reduced by any insurance coverage.
- Legal heirs or designated successors can claim on behalf of deceased owners.
- No special power of attorney is recognized for disbursement; only owners or specified heirs may receive compensation.
- Compensation is considered full satisfaction of loss unless Congress provides otherwise.
- Heirs of deceased or legally presumed dead persons are also entitled.
Compensation for Properties Affected by Marawi Recovery Program (MRRRP)
- Demolition for MRRRP, debris management, or UXO clearance treated as national projects, compensated per "Right-of-Way Act" (RA 10752).
- Compensation based on current market value of land and replacement cost of structures.
- Appraisals by accredited experts or institutions used to determine compensation.
- Government agencies coordinate to protect siege victims' rights, including livelihood and training assistance.
- If baseline data are lacking, Post-Conflict Needs Assessments (PCNA) data may be used.
- Property owners compensated do not lose eligibility for MRRRP Land Titling Program.
- Compensation applies even if owners of structures are different from landowners; land ownership disputes do not affect owner compensation.
- Compensation does not disqualify participation in government socialized housing programs.
- Benefits from other government programs will be deducted from total compensation.
Appropriations
- Initial funds come from the National Disaster Risk Reduction and Management Fund.
- Subsequent funding included in annual General Appropriations Act.
Marawi Compensation Board (MCB): Creation and Composition
- Independent quasi-judicial body consisting of nine members.
- Composition includes three lawyers (preferably Maranao) with 5+ years practice, civil society representatives, a physician, CPA, educator, and civil engineer.
- Members appointed by the President; nominations from traditional leaders and civil society considered.
- Board organizes within 30 days post-appointment.
Powers and Functions of the Board
- Receive, evaluate, process, and investigate claims.
- Issue subpoenas and conduct independent proceedings.
- Approve claims and disburse compensation.
- Promulgate implementing rules and procedures.
- Administer and supervise Secretariat.
- May consult civil society or traditional groups.
- Perform additional duties to fulfill objectives.
Emoluments and Secretariat
- Chairperson and members receive salaries equivalent to high court justices.
- Secretariat drawn from Department of Human Settlements and Urban Development personnel; can hire additional staff.
- Secretariat processes claims, recommends approvals, and assists Board.
- Board Secretary supervises Secretariat.
Fund Management and Audits
- Board ensures proper use and disbursement of funds.
- Procedures respect Bangsamoro self-determination rights.
- Annual audit plus special audits by Commission on Audit.
Operating Budget
- Funded from Contingent Fund, capped at Php 50 million annually.
Claimants
- Lawful owners of affected properties or legal heirs of deceased/lost persons in MAA or OAA may file claims.
Determination and Award of Compensation
- Compensation equals the lower of fair market value or value per implementing rules.
- Personal property claims require evidence of loss and value.
- Compensation awarded within 30 days following final Board approval and publication.
- Appeals resolved within 60 days before Board term ends.
Filing Period and Waiver
- Claims must be filed within one year after Board organization.
- Failure to file within deadline is considered waiver.
- Publication of filing period required in widely circulated newspapers.
Appeal Process
- Aggrieved parties may appeal within 15 calendar days from decision receipt.
- Otherwise, Board decision is final and executory.
Penalties and Enforcement
- Fraudulent claims result in prosecution and penalties including disqualification from public office and prohibition from elections unless pardoned.
- Misuse, embezzlement or fraud by Board members, employees, or affiliates also punishable.
Implementing Rules and Regulations (IRR)
- Board, in consultation with relevant agencies, to promulgate IRR within 60 days of Act’s effectivity.
- IRR to ensure transparency, opportunity to oppose fraudulent claims, and speedy processing while protecting fundamental rights.
- IRR effective 15 days after publication.
Congressional Oversight Committee
- Joint committee with five Senate and five House members oversees Act implementation.
- Minority representation mandatory in each chamber.
Mandatory Review
- Board to conduct status review after 3 years and report to Congress and COA.
Work Period and Sunset Clause
- Board’s work limited to five years after IRR effectivity.
- Afterward, Board is functus officio; pending claims handled by DHSUD using Board’s criteria.
- Board's assets and funds transferred to DHSUD post-termination.
Separability, Repealing Clauses, and Effectivity
- Invalidity of any provision does not affect remainder of Act.
- Conflicting laws or regulations are repealed or amended accordingly.
- Act takes effect 15 days after publication in Official Gazette or two newspapers of general circulation.