Republic Act No. 11696

This Act shall be known as the "Marawi Siege Victims Compensation Act of 2022."

It is hereby declared the policy of the State, as enshrined in the Constitution, to value the dignity of every person, and guarantee full respect for human rights, including rights of indigenous cultural communities and other vulnerable groups such as women and children, at all times. It is also declared the policy of the State to provide compensation or reparation to the internally-displaced persons (IDPs) of the 2017 Marawi Siege whose damaged or demolished properties and possessions cannot be recovered.

The State shall also fulfill its obligations under international human rights and humanitarian laws; thus, it recognizes the basic principles and guidelines on the right to remedy and reparation for victims of gross human rights violations.

The State is likewise obligated to recognize the essence of providing reparation and compensation for persons and families whose rights were violated and whose economic, social, and cultural rights were unfulfilled as a result of armed conflicts.

As used in this Act:

Any owner of a residential, cultural, commercial structures, and other properties in Marawi's MAA or OAA qualified under this Act shall receive compensation from the State, free of tax, as herein prescribed: Provided, That in case the claim is for a property covered by insurance, the compensation receivable under this Act shall only be the extent not covered by insurance: Provided, further, That for the deceased owner of said properties, the legal heirs as provided for in the Code of Muslim Personal Laws of the Philippines or 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, furthermore, That no special power of attorney shall be recognized in the actual disbursement of the award, and only the owner or the aforesaid successor(s)-in-interest shall be entitled to personally receive said compensation from the Marawi Compensation Board, unless the owner involved is shown to be incapacitated to the satisfaction of the Marawi Compensation 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, unless Congress provides for additional monetary compensation to the said owner(s).

The heirs of those who died and legally presumed dead are also entitled to compensation in accordance with the requirements under this Act, its implementing rules and regulations, and other applicable laws, rules and regulations.

Compensation for Private Properties Affected by the Marawi Recovery, Rehabilitation, and Reconstruction Program. - The government shall compensate owners of private properties demolished pursuant to the implementation of the Marawi Recovery, Rehabilitation, and Reconstruction Program (MRRRP) under the following rules:

The amount necessary for the initial implementation of this Act shall be charged against the current year's appropriations of the National Disaster Risk Reduction and Management Fund for the MRRRP. Thereafter, such amount as may be necessary for the implementation of this Act shall be included in the annual General Appropriations Act.

There is hereby created an independent and quasi-judicial body to be known as the Marawi Compensation Board (MCB), hereinafter referred to as the Board. It shall be composed of nine (9) members, who shall possess the following qualifications:

The Board shall organize itself within thirty (30) days from the completion of appointment of its members and shall thereafter organize its Secretariat.

The President shall appoint the Chairperson and 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.

The Board shall have the following powers and functions:

The Chairperson and members of the Board shall have the rank, salary, emoluments and allowances equivalent to a Presiding Justice and Associate Justice of the Court of Appeals, respectively.

The Board shall be assisted by a Secretariat which shall come from the existing personnel of the Department of Human Settlements and Urban Development (DHSUD), without prejudice to the hiring of additional personnel as determined by the Board to accommodate the volume of required work. The following shall be the functions of the Secretariat:

When necessary, the Board may hire additional personnel consistent with issuances of the Civil Service Commission.

The Board shall ensure that funds appropriated or those which may become available as compensation for rightful claimants are properly disbursed in accordance with the policies stated by the Congress and relevant government rules, regulations and accounting procedures.

The Board shall develop procedures for the awarding of monetary compensation to rightful claimants in accordance with national laws, policies, and regulations respecting at all times the right to self-determination of the Bangsamoro afforded by Republic Act No. 11054 or the "Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao". In addition to the annual audit, a special audit shall be conducted by the Commission on Audit (COA) three (3) years from the time it was organized and a final special audit upon the accomplishment of the Board's objectives.

The operating budget of the Board shall be funded from the current year's appropriations of the Contingent Fund: Provided, That it shall not exceed Fifty million pesos (P50,000.00) a year.

Any person who is a lawful owner of a residential, cultural, commercial structures, and other properties as stated in the definition of terms located in MAA or OAA, and was destroyed or damaged either totally or partially on the occasion of the Marawi Siege and the heirs of those who dies and legally presumed dead may file a claim with the Board for compensation in accordance with the provisions of this Act.

In case of claims for loss or destruction of personal properties, the claimant shall present competent evidence of the loss or destruction, ownership, as well as the fair market value of the personal properties.

Claims for compensation shall be filed with the Board within one (1) year after it has been duly organized, and in accordance with the rules and regulations to be promulgated to implement this Act: Provided, That failure to file an application within the said period shall be deemed a waiver of the right to file the same: Provided, further, That the Board shall publish in two (2) newspapers of general circulation the period of commencement and termination of applications by property owners.

Any aggrieved claimant or oppositor may file an appeal within fifteen (15) calendar days from receipt of the decision of the Board; otherwise, the Board's decision shall become final and executory.

Any claimant who is found by the Board, after due hearing, to have filed a fraudulent claim shall be referred to the appropriate office for prosecution. In addition to any penalty imposed by the competent court, the person who committed or caused the commission of the fraud shall be disqualified from public office and employment, and shall be prohibited from being voted upon 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 misuse, embezzle or misappropriate the funds for monetary compensation 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.

(IRR) and Guidelines. - The Board, in consultation with the Department of Finance, Department of Budget and Management, Bangsamoro Human Rights Commission, TFBM and the National Economic and Development Authority, shall promulgate the implementing rules and regulations within sixty (60) days after the effectivity of this Act.

In implementing this Act and in formulating the corresponding rules and regulations, and to ensure that all applications are properly processed, the Board must provided for:

There is hereby created a Joint Congressional Oversight Committee to oversee, monitor, and evaluate the implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the Senate and the House of Representatives, to be designated by the Senate President and the Speaker, respectively: Provided, That at least two (2) members from each House shall be from the Minority.

Three (3) years after the effectivity of this Act, the Board shall conduct a mandatory review and submit a status report on the implementation of this Act to Congress and the COA.

The Board shall complete its work within five (5) years from the effectivity of the IRR. After such period, it shall become functus officio.

To protect the interests of claimants whose compensation have not been awarded without their fault, the DHSUD shall continue to exercise the powers and functions of the Board to disburse and process any and all pending compensation due to qualified claimants pursuant to the criteria set by the Board. For this purpose, the assets, properties and funds of the Board shall be transferred to the DHSUC.

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.

All laws, decrees, executive orders, rules and regulations or parts thereof inconsistent with any of the provision of this Act are hereby repealed, amended or modified accordingly.

This Act shall take effect fifteen (15) days following the completion of its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

| (SGD.) VICENTE C. SOTTO III President of the Senate | (SGD.)LORD ALLAN JAY Q. VELASCO Speaker of the House of Representatives |

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| (SGD.) VICENTE C. SOTTO III President of the Senate | (SGD.)LORD ALLAN JAY Q. VELASCO Speaker of the House of Representatives |