MCB answers (5)

As we have stated, the LDS valuation is nearly five-fold higher than that of Marawi City. To apply the latter is an injustice to the claimants. It is way too low. The 11 January 2024 letter of the Marawi City Assessor stated that its valuation was “outdated for more than twelve years.” Hence, in default of an outdated Marawi City valuation, the 2021 LDS valuation was adopted by the MCB. The valuation is updated every three years. For 12 years, the Marawi City valuation had not been updated. But now that he is the City Administrator, maybe he can act to update the city’s obsolete valuation.

Further, his new argument, citing a position paper, is that the LDS valuation is void because it was not published and there was no consultation. On the part of the MCB, unless the court says that it is void the LDS valuation is valid. There is a presumption of validity. The MCB still continues to perform its mandated functions and shall apply the law as it is. Besides, under the local government code, it does not exclusively require newspaper publication. Posting in two conspicuous places for 10 days in the province suffice to make the law effective.

“BARMM political alliances and compensation for Marawi Victims (1) and (2)” (10 and 14 May 2024):

Writing that an “elected Parliament can later pass a resolution to facilitate the processing and payment of claims” has no legal basis. The MCB was created by Congress, a national agency that the Parliament has neither authority nor power to interfere with in its affairs both by legislation or executive acts.

Without verifying facts again, Atty. Lanto falsely wrote that about a “substantial reduction in the value of their damaged properties as assessed and computed by the Board which led to a smaller monetary award.” Adding, “In fact, the average reduction in the claims using the computation system of the Board was reportedly about 30-40 percent.” He cannot present the actual value vis-à-vis his allegations of reduction because there was none. The fair market valuation does not compensate 30 years old and newly constructed properties with the same value.

The law is clear that the compensation is based on replacement/repair cost or fair market value of the property, whichever is lower. The MCB computes both, in its decisions, and thereafter awards the lowest value because that is what the law, RA 11696, commands.

Finally, he brought up again the issue of the Marawi City valuation and LDS valuation, saying that the latter’s valuation it is “not updated.” This is entirely not true. The Marawi City valuation was in 2011, while the LDS was in 2021. The Marawi Siege happened in 2017. The 2011 Marawi City valuation cannot be applied to the claims as it is unfair to the claimant. The application of the 2021 LDS valuation is more just and equitable for the claimants.

Epilogue

What we expect from DAILY TRIBUNE is the truth, not a threat of violence upon the MCB. Not inflammatory, defamatory, and libelous statements.

At present, some of our members have received death threats and your newspaper contributed to our unsafe environment. These articles have been shared in various chat groups that further triggered claimants with such disinformation and the DAILY TRIBUNE with its untruth, libelous, incendiary narratives, and threat of violence.

Since the serialization of these articles, we have requested the Armed Forces of the Philippines to secure our offices and their presence and visibility are more heightened. Our staff and officials do not feel safe. We are very much concerned about our safety, especially where we are working in a highly volatile area. Violent extremists are reported to still exert their presence in the area and fueled by your newspapers’ publication of Atty. Lanto’s articles, adds to our insecurity and risks.

We have to reiterate to the DAILY TRIBUNE that MCB is a quasi-court, it has nine (9) quasi-justices (the Chairperson and the Members are by law equivalent in rank to the Presiding Justice and Associate Justices of the Court of Appeals, respectively). Not only that, you published grossly inaccurate and libelous statements, and you also threatened the MCB and its quasi-justices who decide these claims with violence.

Your newspaper is well aware that Atty. Lanto is also a claimant with a pending claim before the MCB and despite his status and his slanderous, threatening, and incendiary statements, you allowed these publications. The MCB reserves its right to a recourse to legal action for the criminal acts written in your publication to preserve the dignity of the MCB as a quasi-court.

While the MCB is helping the government heal the wounds brought about by the violent extremists in Marawi City, your newspaper has threatened us with violence. Ironically, this weaponized language is similar to that of the violent extremist language that destroyed the city. Your paper has now been used as a platform to slander and to threaten in order to prevent it from independently and judiciously performing its mandated functions.

The MCB reaffirms its commitment to the transparent implementation of its mandate under RA 11696. We stand firm in our dedication to serving the best interests of the Marawi City claimants and community. We appeal for cooperation in ensuring that accurate information prevails. Let us work together to dispel misinformation and contribute to the collective efforts aimed at the betterment of Marawi City and its residents.

You may contact us at office@mcb.gov.ph, helpdesk@mcb.gov.ph or through our Facebook Account at Marawi Compensation Board.

Sincerely,

ATTY. MAISARA C. DANDAMUN-LATIPH, MNSA

Chairperson, MCB

Let the readers be the judge.

amb_mac_lanto@yahoo.com