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Friday, March 29, 2024

Duterte signs law granting reparations to victims of Marawi siege

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President Rodrigo Duterte has signed a law to provide monetary aid to victims of the 2017 Marawi siege.

Republic Act No. (RA) 11696, signed by Duterte on April 13 and released to reporters on Wednesday, provides for the creation of the Marawi Compensation Board (MCB) headed by a chairperson and eight members.

At least three members of the board must be members of the Philippine Bar, preferably Maranao lawyers, who have been engaged in the practice of law for at least five years; two representatives must be members of civil society organizations where at least one of whom is either a Sharia lawyer or a Muslim traditional leader; other members must be licensed physician; certified public accountant; educator; and licensed civil engineer.

Under the law, the MCB will facilitate the tax-free payment of reparations to “qualified claimants” who lost residential and commercial properties due to the Marawi siege.

“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 the [main affected areas] or [other affected areas], and was destroyed or damaged either totally or partially on the occasion of the Marawi Siege and the heirs of those who died and legally presumed dead may file a claim with the Board for compensation…” the law read.

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RA 11696 also grants private property owners a compensation based on the sum of the current market value of the land and the replacement cost of structures and improvements.

“The board shall determine the monetary compensation and award to the lawful owner(s), whichever is the lower amount of either the fair market value of the residential, cultural, commercial structures, or other real properties or the value of its total area per story equivalent to an amount to be determined in the implementing rules and regulations of this Act,” the law read.

The law added, “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.”

The award of monetary compensation will take effect within 30 days after the MCB has approved with finality each eligible claim.

The MCB, in consultation with the Department of Finance, Department of Budget and Management, Bangsamoro Human Rights Commission, Task Force Bangon Marawi, and the National Economic and Development Authority, must promulgate the implementing rules and regulations (IRR) within 60 days after the effectivity of the law.

The law was passed by the Senate as Senate Bill No. 2420 on Jan. 21, 2022 and adopted by the House of Representatives as an amendment to House Bill No. 9925 on Feb. 2, 2022.

Senator Richard Gordon said on Wednesday the signing of RA 11696 was the first step to help the Marawi siege victims recover from the horrors of war.

“With the signing of the law begins an arduous journey towards rebuilding what was lost almost five years ago,” said Gordon.

Once the law goes into effect, Gordon said it will establish a Marawi Compensation Board that will oversee evaluating compensation claims of survivors.

Moreover, he said survivors from 32 affected areas will be entitled to claim subsidies in restoring residential, cultural, and commercial structures damaged in the wake of the brutal conflict.

“Heirs of Marawi residents who lost property but have since died are also entitled in receiving compensation,” said Gordon.

Gordon, who also serves as chairman of the Philippine Red Cross (PRC), said the law is a big boost especially to the most vulnerable.

The Marawi siege, which started on May 23, 2017, was a five-month conflict between government security forces and militants with ties to the Islamic State (IS).

Duterte placed the entire Mindanao under martial rule until Dec. 31, 2019 to quell the terrorism in the southern part of the country.

More than 1,200 people died in the battle until government forces finally liberated Marawi City from terrorists in October 2017.

The Marawi Reconstruction Conflict Watch welcomed the passage of the law.

“We thank President Duterte for signing this legislation that will jumpstart recovery of the people of Marawi. This is one of the most important laws passed under the Duterte administration. With the President’s signing of this law, he delivered justice and equal priority to the Maranaos who have lost and sacrificed so much in the past five years,” said Saripada Pacasum Jr, member of Marawi Reconstruction Conflict Watch and convenor of Lanao del Sur Early Response Network.

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