RA 11696 CHAPTER I

Declaration of Policy.

Section 2

SEC. 2. Declaration of Policy. - 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.

Definition of Terms.

Section 3

SEC. 3. Definition of Terms. - As used in this Act: (a) Residential Property refers to any building or structure that is used exclusively or partially for residential purposes; (b) Marawi Siege refers to the 2017 armed conflict between Philippine Government security forces and terrorist groups that occurred in Marawi City, Lanao del Sur; (c) Cultural Property and Facilities refer to mosques, madaris, schools and colleges, hospitals and other health facilities; (d) Commercial Property refers to any building or structure that is used exclusively for commercial or business purposes; (e) Other Properties refer to house appliances, jewelries, machineries, rice mills, and other equipment of value; (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 Amanao; (6) Sabala Amanao Proper; (7) Tolali; (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, namely: (1) Saduc Proper; (2) Panggao Saduc; (3) Raya Saduc; (4) Lilod Saduc; (5) Datu Saber; (6) Bangon; (7) Fort; and (8) Wawalayan Caloocan.

Entitlement to Monetary Compensation.

Section 4

SEC. 4. Entitlement to Monetary Compensation. - 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.

Section 5

SEC. 5. 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: (a) MRRRP, Debris Management Programs, and programs that require the demolition of private property for the search and recovery of Unexploded Ordnance (UXO) shall be treated as national government projects and shall be compensated in accordance with Republic Act No. 10752, otherwise known as "The Right-of-Way Act". b) The implementing agency shall offer to the property owner concerned, as compensation price, the sum of the current market value of the land and the replacement cost of structures and improvements therein. To determine the appropriate price offer, the implementing agency may engage the services of a government financial institution with adequate experience in property appraisal, or an independent appraiser accredited by the Bangko Sentral ng Pilipinas (BSP) or a professional association of appraisers recognized by the BSP to be procured by the implementing agency under the provision of Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act", and its implementing rules and regulations pertaining to consulting services. The Bangsamoro Government and the national government shall ensure the protection of the rights of the victims of the siege and undertake programs for their rehabilitation and development. The Bangsamoro Government, in coordination with the national government, the local government units where the IDPs are located, and the appropriate national government agencies, shall ensure continued access to livelihood assistance, skills and training programs, loan assistance, and other related activities to assist the recovery of lost income streams of businesses affected by the Marawi Siege. In the absence of baseline data or the required documents, the validated cost estimates and data utilized for the Post-Conflict Needs Assessments (PCNA) mandated under the MRRRP may be used to determine just compensation. The Office of Civil Defense (OCD), in coordination with the task Force Bangon Marawi (TFBM), shall update the PCNA report within three (3) months after the effectivity of this Act for purposes of assessing the degree of damage and present the actual or estimated valuation of such damage to each structure caused by the siege and implementation of MRRRP. In updating the PCNA report, the agencies shall also consider additional information from the post-siege social cartography activities of the Department of Environment and Natural Resources and information on the damages and losses incurred from areas that have become accessible only after the mitigation of security threats. The updated PCNA report shall produce information to be used in assessing replacement cost for residential and commercial structures, programming housing sector interventions commensurate to the updated needs and in designing livelihood asset restoration and assistance projects roughly proportionate to the losses. (c) Property owners granted the appropriate replacement cost shall bot be precluded from receiving and benefitting from the MRRRP Land Titling Program, which intends to return real property to the owner in the form of new land titles. (d) In consonance with the compensation provisions of Republic Act No. 10752, structure owners who built on land not belonging to them or on land being claimed by other parties, shall also be compensated for the damage sustained as a result of the siege: Provided, That unresolved disputes as to the true owners of land shall not affect the entitlement to compensation of owners of structures damaged or demolished during the siege and as a result of post-siege actions of the government. (e) Compensation for land and/or damaged or demolished structures under this Act and under Republic Act No. 10752 shall not disqualify persons from participating in the government's socialized housing programs. For the purpose of this section, all government programs for which corresponding benefits have been granted to the claimants shall be deducted from the total amount of compensation to be awarded under this Act.

Appropriations.

Section 6

SEC. 6. Appropriations. - 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.