Amending R.A. No. 11696 (Marawi Siege Victims Compensation Act)

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL -7 A11:57 First Regular Session RESE SENATE S. No. Introduced by Senator Ronald "Bato" Dela Rosa AN ACT AMENDING REPUBLIC ACT NO. 11696, OTHERWISE KNOWN AS THE "MARAWI SIEGE VICTIMS COMPENSATION ACT OF 2022" EXPLANATORY NOTE On May 23, 2017, a five-month conflict erupted in Marawi City when IS-aligned militants, including the Maute and Abu Sayyaf groups, clashed with Philippine government forces. This prompted President Rodrigo Duterte to declare martial law across Mindanao. The intense fighting displaced 360,000 people and trapped countless civilians as hostages or in the crossfire, resulting in extensive destruction of infrastructure and significant loss of life. Official figures reported 920 militants, 165 soldiers, and 47 civilians killed, with over 1,780 hostages rescued, although independent verification of these numbers was not possible due to access restrictions during the siege.? The government readily responded by creating Task Force Bangon Marawi (TFBM) in 2017 to oversee the city's recovery, reconstruction, and rehabilitation. In order to help the Marawi Siege victims return to normalcy, Republic Act No. 11696, known as the Marawi Siege Victim's Compensation Act of 2022, was enacted on April 13, 2022. It aims to provide compensation or reparation to the Internally Displaced Thttps://www.amnesty.org/en/latest/press-release/2017/11/philippines-battle-of-marawi-leaves-trail-of- death-and-destruction/ https://pco.gov.ph/news_releases/pbbm-creates-body-to-fast-track-marawi-rehab/

Persons (IDPs) of the 2017 Marawi Siege whose damaged and destroyed properties and possessions cannot be recovered. 3 Republic Act No. 11696 or the "Marawi Siege Victims Compensation Act of 2022" identifies and categorizes the barangays that bore the brunt of the armed conflict as either Main Affected Areas (MAA) or Other Affected Areas (OAA). Under the MAA category, there are twenty-four (24) named barangays, while under the OAA category there are eight (8). During the 19th Congress, as Chairperson of the Senate Special Committee on Marawi City Rehabilitation and Victims' Compensation, I was saddened to learn that one barangay in Marawi City that was also affected by the Marawi Siege, Brgy. Bubonga Marawi and many other barangays, were not included in the list of either the MAA or the OAA. Upon consultation with the community of Bubonga Marawi, the City Government of Marawi, as well as with the Marawi Compensation Board (MCB) and other stakeholders through committee hearings, this legislative measure aims to include Brgy. Bubonga Marawi and other affected barangays, in the list of Other Affected Areas (OAA). In doing so, the community can claim the reparation and compensation they so rightly deserve, not by some act of pity which is fleeting, but by force of law - structural, organized, and prescriptive. In addition, Section 15 of RA 11696 mandated the MCB to award monetary compensation for the damaged or demolished structures to the lawful owner based on whichever is lower of the fair market value or the value of its total area per storey equivalent to an amount to be determined in the implementing rules and regulations of the law. During the implementation of the aforementioned provision, the MCB has received numerous letters from both claimants and civil society organizations appealing for the reconsideration of the application of fair market value in determining 3https://mcb.gov.ph/history/#:~:text=Recognizing%20the%20responsibility%20of%20the,enacted%20on%20A pril%2013%2C%202022.

monetary compensation. As in most cases, it was reported that the fair market value resulted in an almost insignificant amount of monetary compensation, highlighting several concerns over its application. These concerns contradict the legislative intent of the compensation and reparation under RA11696 as a matter of financial assistance as well as a crucial element of justice, addressing the material needs of victims and contributing to their recovery and reintegration into society. As such, to provide a more equitable and just approach in compensating the internally displaced persons of Marawi City, the proposed bill seeks to amend Section 15 of RA 11696 to remove the fair market value as basis for the compensation award of lawful claimants. I fervently hope for the swift passage of this much needed bill. RONALD "BATOS PELA ROSA

JUL -7 A1:57 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) REC SENATE S. No. — Introduced by Senator Ronald "Bato" Dela Rosa AN ACT AMENDING REPUBLIC ACT NO. 11696, OTHERWISE KNOWN AS THE "MARAWI SIEGE VICTIMS COMPENSATION ACT OF 2022" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 3 of Republic Act No. 11696 or the "Marawi Siege Victims

Compensation Act of 2022" is hereby amended to read as follows: "Sec. 3. Definition of Terms. - As used in this Act: (a) XXX (b) XXX (c) XXX (d) XXX (e) XXX (f) Main Affected Areas or MAA refer to the main affected barangays in Marawi City during the Marawi Siege consisting of twenty-four (24) barangays, namely: (1) Lumbac Madaya; (2) South Madaya; (3) Raya Madaya 1;

(4) Raya Madaya 2; (5) Sabala [Amanae] MANAO; (6) Sabala [Amanae] MANAO Proper; (7) Tolal; (8) Daguduban; (9) Norhaya Village; (10) Banggolo Poblacion; (11) Bubong Madaya; (12) Lilod Madaya; (13) Dansalan; (14) Datu Sa Dansalan; (15) Sangkay Dansalan; (16) Moncado Colony; (17) Moncado Kadilingan; (18) Marinaut West; (19) Marinaut East; (20) Kapantaran; (21) Wawalayan Marinaut; (22) Lumbac Marinaut; (23) Tuca Marinaut; and (24) Datu Naga; and (g) Other Affected Areas or OAA refer to the other affected barangays in Marawi City during the Marawi Siege, nameiy: (1) Saduc Proper; (2) Panggao Saduc; (3) Raya Saduc; (4) Lilod Saduc; (5) Datu Saber; (6) Bangon; (7) Fort; [and]

(8) Wawaylan Caloocan; (9) BUBONGA MARAWI; (10) MATAMPAY; (11) EAST BASAK; (12) GREEN; (13) BASAK MALUTLUT; (14) TAMPILONG; (15) MARAWI POBLACION; (16) LOKSA DATU; BACOLOD CHICO; (17) (18) LUMBACA TOROS; (19) TOROS; (20) TUCA; (21) DAYAWAN; PINDOLONAN; AMITO MARANTAO; POONA MARANTAO; ROROGAGUS EAST; DULAY WEST; DULAY PROPER; GUIMBA; BANGCO; MALIMONO; CABASARAN; KORMATAN MATAMPAY; PAPANDAYAN; PAPANDAYAN CANIOGAN; PANTAON; SUGOD; PATANI;

(38) PUGA-AN; (39) BITO BUADI ITOWA; (40) BITO BUADI PARBA; (41) ROROGAGUS PROPER; (42) SOMIORANG; (43) SAGONSONGAN; (44) BUBONG PUNUD; BUBONG PAGALAMATAN; (45) (46) BUBONG LUMBAC; (47) MIPAGA; (48) EMIE PUNUD; (49) BANGA; CADAYONAN II; (50) (51) BIYABA DAMAG; (52) RAPASUN; (53) DIMALINA; LOMIDONG; CABINGAN; AMBOLONG; KILALA; BOGANGA; TUCA AMBOLONG; PARIDI; BUTO AMBOLONG; OLOWA AMBOLONG; PAGALAMATAN GAMBAI; CADAYONAN 1; BUBONGA CADAYONAN; (66) TIMBANGALAN; TONGAN-TONGAN TIMBANGALAN; (67)

(68) PAGAYAWAN; (69) MIPANTAO GADONGAN; (70) GADONGAN; CALOOCAN EAST; and (71) (72) CALOOCAN WEST." (H) REPLACEMENT COST REFERS TO THE COST NECESSARY TO REPLACE THE 8 AFFECTED STRUCTURE OR IMPROVEMENT WITH. SIMILAR ASSET BASED ON CURRENT MARKET PRICES; (I) TOTALLY DESTROYED ASSETS REFER TO VISIBLY AND COMPLETELY DESTROYED OR UNUSABLE STRUCTURES, EQUIPMENT AND MATERIALS, INCLUDING THOSE THAT HAVE SUFFERED IRREPARABLE STRUCTURAL DAMAGE; AND (J) REPAIR COST REFERS TO THE AMOUNT NECESSARY TO RESTORE A PARTIALLY DESTROYED ASSET BACK INTO ITS CONDITION BEFORE IT WAS DAMAGED.

Sec. 2. Section 11 of Republic Act No. 11696 or the "Marawi Siege Victims

Compensation Act of 2022" is hereby amended to read as follows: "Sec. 11. Secretariat of the Board. -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 function of the Secretariat: (a) Receive, evaluate, process and investigate applications for claims under this Act; (b) Recommend to the Board the approval of applications for claims;

(c) Assist the Board to technical functions; and (d) Perform other duties that shall be assigned by the Board. The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat for the duration of the existence of the Board. The Board Secretary shall have a technical staff composed of legal and administrative personnel wherein the staff plantilla positions and salaries shall be determined in the implementing rules and regulations. When necessary, the Board may hire additional personnel [consistent with issuances of the Civil Service Commission] IN ACCORDANCE WITH THE CIVIL SERVICE LAWS, RULES AND REGULATIONS."

Sec. 3. Section 15 of Republic Act No. 11696 or the "Marawi Siege Victims

Compensation Act of 2022" is hereby amended to read as follows: "Sec. 15. Determination of Monetary Compensation. - (a) The Board shall determine the monetary compensation and award of the lawful owner(s) [, whichever is the lower amount of either the fair market value of the residential, cultural, commercial structures, or other reat properties or the value of its total area per storey equivalent to an amount to be determined in the implementing rules and regulations of this Act] BASED ON THE VALUE OF THE TOTAL AREA PER STOREY OF THE RESIDENTIAL, CULTURAL, COMMERCIAL STRUCTURES, OR OTHER REAL PROPERTIES EQUIVALENT TO REPLACEMENT OR REPAIR COST AS DETERMINED IN THE IMPLEMENTING RULES AND REGULATIONS (IRR) 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. IN ABSENCE OF SUBSTANTIAL

PROOF OF FAIR MARKET VALUE FROM THE OWNER, STANDARD VALUATION AS DETERMINED IN THE IRR SHALL BE USED AS BASIS OF THE VALUE OF SUCH PERSONAL PROPERTY. (b) XXX."

Sec. 5. Extension of Period of Filing Claims. - Claims for compensation by the

additional barangays included in the OAA under this Act shall be filed with the Board within one (1) year from the effectivity of this Act: Provided, That failure to file an application within the same 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 12 circulation the period of commencement and termination of applications by property owners.

Sec. 6. Retroactive Effect - The new basis for the monetary compensation and

award shall have retroactive effect for all those claimants who already received their awards from the Monetary Compensation Board prior to the effectivity of this Act.

Sec. 7. Sunset Clause. - The Board shall complete its work within three (3) years

from the effectivity of the IRR. After such period, it shall become functus officio.

Sec. 8. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

Sec. 9, Repealing Clause. - Section 22 of Republic Act No. 11696 is hereby

repealed. All laws, decrees, orders, rules, and regulations and executive orders contrary to or inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete

publication in the Official Gazette or in a newspaper of general circulation. Approved,