What gives, MCB? (2)
My previous articles on the Marawi Compensation Board (MCB) were relatively in support of their work. But we cannot turn a blind eye when injustice stares us in the face. It’s a sin, an abdication of a moral duty.
Having said that, what’s wrong with the members of the MCB? Why are they solicitous in looking for a way to reduce the damage due to the victims? Their powers are clearly defined in the Compensation Law and the Implementing Rules and Regulations that they themselves crafted and approved. Yet they are navigating in a realm that would allow them to reduce the amounts of just compensation. I don’t believe they are afraid that their budget for salaries, administrative expenses, and perks would be affected. They can’t be that selfish.
Note that the request of the MCB to use the “depreciated replenishment cost” system was flatly denied in COA Legal Opinion No. 127-2023, where it was opined: “Clearly under the law, the fair market value and the value of the total area per story of the damaged properties are the only two methods allowed in the valuation of damaged structures.” It did not mention the depreciated replacement cost. Are they above the COA, a constitutional watchdog of public funds? Is this not an indirect indictment from COA for their imprudence and lack of wisdom?
However, the COA’s legal opinion did not deter the MCB. In a show of contumacy, it allegedly applied the depreciated value, and some victim-claimants refused to accept the compensation.
This move struck a heavy blow upon the victims’ hearts, crying out for justice. It betrayed an insidious design to award victim-evacuees less than just compensation. It is a brazen overstep or overstretch of the parameters of powers canalized by the letter and spirit of the Compensation Law and IRR. It is scraping the bottom of the barrel to justify a questionable move. What gives MCB?
The move unmasked MCB’s propensity, nay, mindset, to award less than what the victims deserve, even at the expense of stretching its legislated power. This is alarming.
This issue triggered reactions from prominent members of the local Integrated Bar of the Philippines.
Its past president, Moro activist/founder and chairman of the Ranao Federal State Movement Bayan Balt, posted a profound insight in the lawyer’s chat group: “The report that the
(MCB) plans to depreciate by 44 percent the assessed value of structures damaged inside the Marawi GZ is very discouraging. If the report is true, a victim’s claim of P1 million will be reduced to P560,000. The plan once pursued is like an explosive bomb that will create problems instead of solving them. This ignominy adds to the sad situation of the Maranao who lost precious lives, livelihood, and dwellings for the last eight years, like a ticking bomb.”
He appealed to the “MCB leadership and President BBM to stop the plan to expose the MCB and our leaders to corruption.”
Lawyer Balt commented, “MCB may have started in the wrong direction. Some relied on the announcements to file their claims via online and waited for six months to get an appointment, yet some late filers went directly to MCB and were accommodated for an earlier appointment ahead of those who opted for online appointments. It only shows the “PALAKASAN” system is very much alive in the filing of claims. Likewise, this may be true in the processing and releasing of claims. Only those who have connections to MCB officials will be given priority and paid ahead for their claims.”
At the forum I mentioned earlier, leaders of civil society groups were in attendance. Outspoken Moro activist Drieza Lininding articulately and convincingly explained why the MCB should trash the new scheme. City Mayor Majul Gandamra likewise assured the people that he would fight any move that would cause injustice to his people.
The chair and some members of the MCB are lawyers and yet they forgot that jurisprudence allows an award not only for actual damages but also moral damages for damaged structures with sentimental value. Each of the structures has memories attached to them, which are priceless. The MCB should find ways to give meaning to the legal precept instead of
doing the opposite.
“This ignominy adds to the sad situation of the Maranao, who lost precious lives, livelihood, and dwellings for the last eight years, like a ticking bomb.
“Note that the request of the MCB to use the ‘depreciated replenishment cost’ system was flatly denied in COA Legal Opinion No. 127-2023.