Section 5Sec./Art. 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.ℒαwρhi৷

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.