THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENAT 
S. B. No. 
'04 NOV -5 All :OG 
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Introduced by Senators Magsaysay, Jr. and Osmeiia 111 
EXPLANATORY NOTE 
The Philippines is at the doorstep of the top ten most corrupt countries in the 
world, Our government is lost and is about to wear out in the investigations conducted by 
various government agencies in all its three branches, with no real answer to the 
conntry's problem of corruption in sight. 
Corruption in government was among the primary reasons for the so-called EDSA 
Revolutions I and 11, but the collapse of the Marcos and Estrada administrations was not a 
deterrent to corruption which seems to go on unabated. No one is willing to seriously 
' dispute the report that not less than forty percent (40%) of public funds is stashed away 
from vital government services, but neither is the Filipino people convinced that serious 
efforts are being undertaken to put an end or reduce the squandering of the people's 
money by almost all government institutions. Soon after the report of the investigation of 
the Feliciano Commission on the so-called Oakwood mutiny precipitated by alleged 
corruption in the military, came the reports on alleged huge amount of ill-gotten wealth 
of a relatively low-ranking officer of the military which our people believe is hut the tip 
of the iceberg. 
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No amount of investigation or threat of punishment it seems, could slow down our 
entry into the circle of the infamous. Perhaps this is because we won't really find our way 
out of corruption in government without discovering the truth. 
Therefore, the creation of a Truth and Reconciliation Commission is hereby 
proposed, to explore the many facets of corruption in the civil, military, government and 
other sectors, and hopehlly, to set our country in the direction of good governance and 
transparency before it is too late. The Commission's goal will necessarily include or 
involve efforts at reconciliation among all segments of our society. 
To achieve our objective, help will be sought from outside the government, from 
citizens who are recognized for their probity and character who will make up the 
Commission, and the citizens who are knowledgeable about the corruption in government 


as participants and beneficiaries thereof, and the rest of us who will ensure that the 
Commission could and will perform its hnction and duties faithfilly and well. 
Use of immunity will be necessary to get at what has gone wrong. Nothing short 
of a grant of immunity will get people to open up hlly, especially when telling the truth 
might otherwise cause them to lose their jobs - or worse, spend years behind bars. We 
must unearth the root causes of corruption and understand the culture that gives rise to it 
to be able to fix it, so that threats of prosecution or dismissal from office will be removed. 
To the extent possible, justice will not be sacrificed, but bringing to its end 
corruption in government shall be the primary goal and objective of the Truth 
Commission proposed to be created and established. 
The proposed enactment is one measure to implement the policy enunciated in the 
Philippine Constitution: 
"See. 2% The State shdl maintain honesty and integrity in public 
service and take positive and effective measures against graft and 
corruption. ''I 
The e ~ l y  
passage of this proppsed legislation is earnestly sought 
Constitution of the Philippines, Article II> Sec. 27 
I 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
’04 NUV -5 
A17 :07 
First Regular Session 
Introduced by Senators Magsaysay, Jr. and Osmena 
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AN ACT 
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CREATING A TRUTH AND RECONCILIATION COMMISSION TO 
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INVESTIGATE CORRUPTION IN GOVERNMENT, GRANT IMMUNITY 
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REWARDS 
TO 
SOURCES 
OF 
INFORMATION 
AND 
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RECOMMEND ACTION TO CURB GRAFT AND CORRUPTION, 
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OTHERWISE KNOWN AS “THE TRUTH AND RECONCILIATION 
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COMMISSION ACT OF 2004” 
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Congress assembled: 
Be it enacted by the Senate and House of Representatives of the Philippirtes in 
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ARTICLE 1. - TITLE AND DECLARATION OF PRINCIPLES 
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of2004.” 
Sec. 1, This Act shall be known as the “Truth and Reconciliation Commission Act 
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Sec. 2. To maintain honesty and integrity in public service, it is hereby declared 
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the policy of the State to encourage the citizenry, particularly those in government 
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service, to come forward with information about graft and corrupt practices of 
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government officials and employees, and reward them for their courage, grant them 
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immunity from prosecution and punishment and provide them protection from 
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harassment and risks to their personal security. 
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ARTICLE II - ESTABLISHMENT OF THE TRUTH COMMISSION 
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Commission. 
Sec. 3. There is hereby established a body known as the Truth and Reconciliation 
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Sec. 4. The Commission shall be body corporate having perpetual succession and 
capable of acquiring, holding and disposing of any property, whether movable or 
immovable and of suing and being sued in its corporate name and, subject to this Act, of 
performing all such acts as bodies corporate may by law perform. 
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Sec. 5 .  The Commission shall have a common seal the use of which shall be 
authenticated by the signatures of the Chairman and the Deputy Chairman or by any other 
members designated in that behalf by the Commission. 
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Sec. 6. The Commission shall consist of seven (7) members, all of whom shall be 
citizens of Philippines and appointed by the President and after being selected and 
recommended in accordance with the procedure prescribed for the purpose. 
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Sec. 7. The members of the Commission shall be - 
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a. Persons of integrity and credibility who would be impartial in 
the performance of their functions under this Act and who would enjoy the 
confidence generally of the people of Philippines; and 
b. Persons with high standing or competence as lawyers, social 
scientists, religious leaders, psychologists and in other professions or 
disciplines relevant to the functions of the Commission. 
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Sec. 8. The Commission shall have a Chairman and a Deputy Chairman both of 
whom shall be appointed as such by the President. 
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this Act. 
Sec. 9. A member of the Commission may resign his office by written notice to 
the President and may be removed from ofice only for inability to perform the functions 
of his office, whether arising from infirmity of body or mind or for a misconduct under 
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determine. 
See. 10. Members of the Commission shall work hll-time or nearly as full-time 
as possible and shall, accordingly, be paid such remuneration as the President may 
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Sec. 11. The Commission shall be inaugurated within two weeks of the 
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appointment of its members and shall operate for three (3) years: Provided, that for good 
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cause shown, the President may extend the term of the Commission for a further one (1) 
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year. 
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Sec. 12. Before the commencement of the period of one year specified in the 
immediately preceding section, the Commission shall have a preparatory period of three 
(3) months during which it may undertake all tasks necessary to ensure that it is able to 
work effectively from the commencement of its operations. 
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Sec. 13. The tasks to be undertaken by the Commission during the preparatory 
period shall include procurement of office space, preparation of a budget, securing hnds 
for the Commission, hiring staff, discussing questions of methodology, designing and 
undertaking a public education campaign for the purposes and procedures of the 
Commission, designing and putting in place a database, undertaking a preliminary 


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background research, collecting supporting materials for its investigations and 
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prioritizing its work. 
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Sec. 14. Both during the preparatory period and after it commences operations, 
the Commission shall endeavor to inform the public of its existence and the purposes of 
its work, and, when appropriate, shall invite all interested parties who may wish to do so, 
to make statements or submit information to the Commission. 
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Filipino people. 
ARTICLE In- FUNCTIONS OF COMMISSION 
Sec. 15. The Commission is established to create an impartial historical record of 
graft and corruption committed or perpetrated after the downfall of the of former 
President Ferdinand Marcos and, thereby determine the causes of graft and corrupt 
practices, as well as seek to promote the reconciliation of their perpetrators with the 
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Sec. 16. The Commission shall grant rewards to persons providing information 
on graft and corrupt practices in government, including those who may have been 
involved in graft and corrupt practices themselves voluntarily coming forward with 
information and evidence on graft and corruption they themselves were involved in, and 
grant immunity to the perpetrators of graft and corruption under the terms and conditions 
specified in this Act and those determined by the Commission. 
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Sec. 17. Without prejudice to the generality of the immediately preceding section, 
it shall be the fimction of the Commission - 
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and the perpetrators; and 
a. To investigate and report on the causes, nature and extent of 
the graft and corruption committed or perpetrated as provided in Section 
15 of this Act to the fullest degree possible, including their antecedents, 
the context in which they occurred or were committed, the question of 
whether those acts were the result of deliberate planning, policy or 
authorization by any government, group or individual, and the role of both 
internal and external factors in the transactions; 
b. To grant immunity from prosecution and work to help restore 
the dignity of perpetrators coming forward with testimonies and evidence 
of the graft and corruption they are party to and promote reconciliation by 
providing an opportunity for the perpetrators to give an account of their 
violations and transactions and to relate their experiences and, by creating 
a climate which fosters constructive interchange between the Commission 
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object of the Commission. 
c. To do all such things as may contribute to the fidfillment of the 
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Sec. 18. The Commission shall, subject to this Act, solely determine its operating 
procedures and mode of work with regard to its functions which shall include the 
following three (3) components : - 
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responsible; 
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c. Taking 
individual statements and 
gathering additional 
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information with regard to the matters referred to in sub-paragraphs (a) or 
a. Undertaking investigation and research into key events, causes, 
patterns of corruption or violation of anti-graft laws and the parties 
b. Holding sessions, some of which may be public, to hear from 
the perpetrators of any graft or corrupt practices, witnesses thereof, or 
from other interested parties; and 
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(b). 
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Sec. 19. The Commission may enlist the assistance of any branch, department, 
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bureau, office, agency or instrumentality of the government, including government 
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owned and controlled corporations, in undertaking any and all its investigations, hearings 
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and operations, which may include the use of its personnel, facilities and resources. The 
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Commission may seek assistance from traditional and religious leaders to facilitate its 
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tasks and help in resolving incidents of graft and corruption or in support of healing and 
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reconciliation. 
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Sec. 20. At the discretion of the Commission, any person shall be permitted to 
provide information to the Commission on a confidential basis and the Commission shall 
not be compelled to disclose any information given to it in confidence. 
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Sec. 21. The Commission shall take into account the interests of victims and 
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witnesses when inviting them to give statements, including the security and other 
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concerns of those who may wish to recount their stories in public and the Commission 
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may also implement special procedures to address the needs of such particular perpetrator 
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of corruption or witness. 
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Sec. 22. Decisions of the Commission shall, as far as possible, be taken by 
consensus and in the absence of consensus, by the majority vote of members of the 
Commission and the Chairman shall cast the deciding vote where there is a tie. 
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Sec. 23. During the course of and/or at the conclusion its operations, the 
Commission may provide information or recommendations to the Ombudsman regarding 
perpetrators of graft and corruption not cooperating with the Commission against whom 
sufficient evidence for their prosecution may have been gathered. 
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Sec. 24. The Commission shall have power generally to organize its work and 
shall, in its operations, have power - 
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a. To gather, by means it deems appropriate, any information it 
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considers relevant, including the ability to request reports, records, 
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documents or any information from any source, including governmental 
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authorities, and to compel the production of such inf'ormation as and when 
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necessary; 
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interviews, in private; 
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b. To visit any establishment or place without giving prior notice, 
and to enter upon any land or premises for any purpose which is material 
to the hlfillment of the Commission's mandate and in particular, for the 
purpose of obtaining information or inspecting any property or taking 
copies of any documents which may be of assistance to the Commission, 
and for safeguarding any such property or document; 
c. To interview any individual, group or members of organizations 
or institutions and, at the Commission's discretion, to conduct such 
d. Subject to adequate provision being made to meet his expenses 
for the purpose, to call upon any person to meet with the Commission or 
its staff, or to attend a session or hearing of the Commission, and to 
compel the attendance of any person who fails to respond to a request of 
the Commission to appear and to answer questions relevant to the subject 
matter of the session or hearing; 
e. To require that statements be given under oath or affirmation 
and to administer such oath or affirmation; 
f. To request information from the relevant authorities of a foreign 
country and to gather information from victims, witnesses, government 
officials and others in foreign countries; 
g. To issue summons and subpoenas as it deems necessary in 
hlfillment of its mandate; and 
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enforcement of its powers. 
h. To request and receive police assistance as needed in the 
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Failure to respond to a summons or subpoena issued by the Commission, failure 
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to truly or faithfidly answer questions of the Commission after responding to a summons 
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or subpoena, or intentionally providing misleading or false information to the 
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Commission shall be deemed equivalent to contempt of court and may, at the discretion 
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of the Commission, be referred to the appropriate court for trial and punishment. 
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Sec. 25. All persons, including members and officers of the government and 
political parties, shall cooperate with and provide unrestricted access for the Commission 
and its staff for any purposes necessary in the fulfillment of the Commission's mandate 
under this Act, as determined by the Commission. 
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Sec. 26. Any person who willfully obstructs or otherwise interferes with the 
Commission or any of its members or officers in the discharge of the Commission's 
functions under this Act, commits an offense and shall be liable on conviction to a fine 
not exceeding Five Hundred Thousand Pesos (P500,OOO.OO) or to a term of imprisonment 
not exceeding one year or both such fine and imprisonment. 
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PART IV - ADMINISTRATIVE PROVISIONS 
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Sec. 27. To assist it in the performance of its functions, the Commission may 
appoint such committees as it may consider necessary. 
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A committee under this section shall include persons who are not members of the 
Commission but who are appointed, taking into account gender representation and 
regional participation in the work of the Commission. 
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Sec. 28. A member of a committee who is not a member of the Commission shall 
be paid such allowances as the Commission may determine. 
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Sec. 29. The Commission shall have such offices and may employ such staff as it 
may consider necessary for the efficient performance of its functions. 
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Commission. 
Sec. 30. Public officers may be seconded or otherwise render assistance to the 
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Sec. 31. The staff of the Commission shall be employed on such terms as the 
Commission shall, after consultation with the Civil Service Commission, determine. 
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Sec, 32. The operations of the Commission shall be financed from an initial 
appropriation of the amount of Two Hundred Million Pesos (P200,000,000.00) which is 
hereby appropriated and by a hnd consisting of moneys and other resources obtained by 
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the Commission as gift or donation from inter-governmental organizations, foundations, 
non-governmental organizations and foreign governments. 
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Sec. 33. The funds of the Commission, over the disbursements of which amount 
the Commission shall exercise absolute and sole control, shall be utilized only on the 
basis of the budget prepared for the purpose. 
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Sec. 34. The Commission shall keep proper books of account and other records in 
relation to the operation of the Commission and shall prepare quarterly statements of 
accounts in a form designed to - 
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a. Indicate monthly expenditures; 
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b. Provide data for up-to-date budget control based on the 
management information system of the Commission; and 
c. Ensure correct use of the funds of the Commission 
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the Commission. 
Sec. 35. The accounts of the Commission kept under the immediately preceding 
section shall be audited by an auditor, being a professional accountant of high standing, 
appointed by the Commission and the statement of accounts together with the auditor's 
report thereon shall be submitted to the government and other contributors to the funds of 
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authority. 
Sec. 36. Subject to this Act, the Commission shall, in the performance of its 
functions under this Act, not be subject to the direction or control of any person or 
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Sec. 37. Each member of the Commission and member of staff of the 
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Commission shall serve in his individual capacity, independent of any political party, 
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government or other organizational interests, and shall avoid taking any action which 
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could create an appearance of partiality or otherwise harm the credibility or integrity of 
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the Commission. 
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Sec. 38. No member of the Commission or member of staff of the Commission 
shall make private use of or profit from any confidential information gained as a result of 
his work in the Commission or divulge such information to any other person except in the 
course of his functions as a member or staff of the Commission and any contravention of 
this provision may result in dismissal from the Commission, Any member or member of 
staff of the Commission who contravenes the immediately preceding section shall be 
guilty of misconduct and liable to be dismissed from the Commission. 
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Sec. 39. No member of the Commission or staff of the Commission shall be held 
liable for any acts carried out within the scope of his duties. 
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ARTICLE V - REPORT AND RECOMMENDATIONS 
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end of its operations. 
Sec. 40. The Commission shall submit report of its work to the President at the 
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reconciliation. 
Sec. 41. The report shall summarize the findings of the Commission and shall 
make recommendations concerning the reforms and other measures, whether legal, 
political, administrative or otherwise, needed to achieve the object of the Commission, 
namely the object of providing impartial record, preventing the repetition of the graft and 
corrupt practices, addressing impunity, responding to the needs of promoting healing and 
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Sec. 42. Immediately upon submitting the report to the President, the Commission 
shall publish the report in the Official Gazette by the insertion of the appropriate 
Government Notice and in such other publications as it may consider appropriate and 
shall, in collaboration with the government; make copies of the report or summaries 
thereof, widely available to the public. 
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Sec. 43. The President shall, within thirty days of receiving the report of the 
Commission, submit a copy to the Congress of the Philippines with a request that it be 
lodged in the archive of Congress. 
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Sec. 44. The departments and agencies of the government concerned shall 
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faithfully and immediately implement the recommendations of the report that are directed 
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to said offices and encourage or facilitate the implementation of any recommendations 
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that may be directed to others. 
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Sec. 45. The President shall, upon the publication of the report of the 
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Commission, establish a committee or other body, to monitor the implementation of the 
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recommendations of the Commission and to facilitate their implementation. 
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Sec. 46. The Government shall, during the period of eighteen months or such 
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longer or shorter period after the establishment of the follow-up committee as that 
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committee shall determine, provide quarterly reports to the follow-up committee 
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summarizing the steps it has taken towards implementation of the recommendations of 
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the Commission. 
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recommendations of the Commission. 
Sec. 47. The follow-up Committee shall publish the reports of the government in 
the appropriate form and submit quarterly reports to the public evaluating the efforts of 
the government and the efforts of any other person or body concerned to implement the 
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instrument. 
Sec. 48. The President shall, not later than three (3) months after the submission 
of the report of the Commission to him, dissolve the Commission by notice in a statutory 
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Before it is dissolved, the members of the Commission shall, among the final 
administrative activities of the Commission - 
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b. Organize the disposal of the remaining property of the 
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Commission. 
a. Organize its archives and records, as appropriate, for possible 
hture reference, giving special consideration to - (i) 
what materials or 
information might be made available to the public, either immediately or 
when conditions and resources allow; and (ii) what measures may be 
necessary to protect confidential information; and 
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Sec. 49. This Act shall take effect upon approval. 
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Approved, 
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