T7FEB 2015 ©
Republic of the Philippines FEB 2015
HOUSE OF REPRESENTATIVES ef PH
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5462

HOUSE BILL No.

Introduced by Reps. NERI J. COLMENARES, CARLOS ISAGANI T. ZARATE,
LUZVIMINDA C, ILAGAN, EMMI A, DE JESUS, ANTONIO L. TINIO,
FERNANDO HICAP and TERRY RIDON

AN ACT CREATING A FACT-FINDING COMMISSION, TO BE CALLED THE
“MAMASAPANO TRUTH COMMISSION”, WITH PLENARY POWERS TO
INVESTIGATE AND REPORT UPON THE BLOODY PNP-SAF (PHILIPPINE
NATIONAL POLICE-SPECIAL ACTION FORCE) IN MAMASAPANO,
MAGUINDANAO ON JANUARY 25, 2015

EXPLANATORY NOTE

‘This bill intends to create a fact-finding commission, to be called the “Mamasapano Truth
Commission”, whose objective is to thoroughly investigate, report and evaluate all facts and
circumstances on the January 25, 2015 incident in Mamasapano Maguindanao which resulted to
the death of forty-four (44) members of the Philippine National Police - Special Action Force
(GAP), eighteen (18) members of the Moro Islamic Liberation Front (MILF), at least seven (7)
civilians.

‘The Januaty 25 Mamasapano incident has far-reaching consequences and implications, raising
issues of national importance such as the reported role of the US in instigating and directing the
bloody Mamasapano operation, President Aquino’s direct and command responsibility of the
worst police fiasco, the transgression of the PNP’s chain of command ot line of authority, the
imperiling of the peace process between Philippine government and the MILF, and violations of
human rights and international humanitarian law.

The multilayered and simultaneous probes being conducted by the House of Representatives, the
Senate, the PNP Board of Inquiry, the MILF, the Armed Forces of the Philippines, the
Department of Justice are necessary and timely. Therefore, an independent and impartial
Commission that will ferret out all facts and consider all angles and seck the truth, the whole
truth and nothing but the truth is necessary.

In view of the foregoing, early passage of this measure is urgently sought.

1 Wikipedia http://en.wikipedia.org/wiki/2015_Mamasapano_clash


Approved,

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5462

HOUSE BILL No.

Introduced by Reps. NERI J. COLMENARES, CARLOS ISAGANI T. ZARATE,
LUZVIMINDA C, ILAGAN, EMMI A. DE JESUS, ANTONIO L. TINIO,
FERNANDO HICAP and TERRY RIDON _

AN ACT CREATING A FACT-FINDING COMMISSION, TO BE CALLED THE
“MAMASAPANO TRUTH COMMISSION”, WITH PLENARY POWERS TO
INVESTIGATE AND REPORT UPON THE BLOODY PNP-SAF (PHILIPPINE
NATIONAL POLICE-SPECIAL ACTION FORCE) IN MAMASAPANO,
MAGUINDANAO ON JANUARY 25, 2015

Be it enacted in the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Creation of a Fact-Finding Commission - ‘There is hereby ci an

independent ad hoc fact-finding Commission, to be called the “Mamasapano Truth
Commission,” to determine all the facts and circumstances of the January 25, 2015 incident in
Mamasapano Maguindanao which resulted to the death of forty-four (44) members of the
Philippine National Police Special Action Force (SAF), eighteen (18) members of the Moro
Islamic Liberation Front (MILF), at least seven (7) civilians.”

‘The Commission shall be composed of a Chairperson and two (2) Commissioners, who together
will act as an independent collegial body. They shall be appointed by the President of the
Philippines

Notwithstanding any vacancy, the Commission shall continue to function and a new
Commissioner shall be immediately appointed.

SECTION 2. Qualifications of the Chairperson and Commissioners ~ No person shall be
appointed Chairperson ot Commissioner of the “Mamasapano ‘Truth Commission” unless:

a) he/she is a natural-bosn Filipino Citizen;
b) he/she is of good moral character, unquestionable integrity, probity and patriotism; and

©) he/she is of recognized competence in his/her profession

‘The Chairperson, in addition to the aforementioned, should be a membet of the Philippine Bar,
who has been engaged in the practice of law for at least ten (10) years.

2 Wikipedia http://en.wikipedia.org/wiki/2015_Mamasapano_clash


SECTION 3. Powers and Functions. ~ The Commission is primarily tasked to conduct a
thorough and objective investigation and evaluation of the facts and circumstances surrounding
the “Mamasapano incident”. In particular, it shall:

a) Collect, receive, review and evaluate evidence related to the incident;

})_ Tssue subpoena ad testificandum or subpoena duces tecum, and other compulsory
processes requiting the attendance and testimony of witnesses and the production of any
evidence relative to any matter under investigation by the Commission;

©) Administer oaths and affirmations and examine witnesses;

4) Cite in contempt, and impose appropriate penalties as a result thereof, any person who
refuse, without lawful excuse, to obey a subpoena, take an oath, or give testimony or
produce documents for inspection as required by the Commission;

©) Write a report, with its findings, conclusions and recommendations, based on its
independent investigation;

1) Recommend, in cases where there is a need to utilize any person as a state witness to
ensure that the ends of justice be fully served, that such person, who qualifies as a state
witness, under the Revised Rules of Court of the Philippines, be admitted for that
purposes

g) Call upon the departments, bureaus, offices, agencies or instrumentalities of the
Government, including government-owned and controlled corporations, to extend such
assistance and cooperation as the Commission may need in the exercise of its powers,
execution of its functions, and discharge of its duties and responsibilities, with the end in
view of accomplishing its mandate;

hh) Engage or contract the services of resource persons, consultants, professionals, and other
petsonnel determined by it as necessary (0 catty out its mandate;

i) Promulgate its mules and regulations of rules of procedure it deems necessary to
effectively and efficiently carry out the objectives of this law, and to ensure the orderly
conduct of its investigations, proceedings and hearings, including the presentation of
evidence, and

j) Exercise such other acts incident to or are appropriate and necessary in connection with
the objectives and purposes of this Order.

SECTION 4. Conduct of Proceedings. ~ The proceedings of the Commission shall be in
accordance with the rules promulgated by the Commission. Hearings or proceedings of the
Commission shall be open to the public, However, the Commission may, motu proprio, of upon
the request of the person testifying, hold an executive or closed-door hearing, where matters of
national security or public safety aze involved, or when the personal safety of the witne:

warrants the holding of such executive or closed-door hearing: ‘The Commission shall provide
the rules for such hearing.

SECTION 5. Constitutional Rights of Witnesses /Resource Persons. — The Constitutional
tights of any person called to testify before the Commission shall be respected

SECTION 6, Report of the Commission, ~ Within a reasonable time, the Commission shall
endeavor to complete the investigation and submit its comprehensive final report with its
findings, conclusions and recommendations.

Prior thereto, the Commission, in its sole discretion, may publish such special interim reports
from time to time.


Reports of the Commission shall be sent to the Office of the President, copies of which shall be
provided to Congress.

All of the Commission’s reports shall also be made public,

‘Once the Commission has completed and published its report, the Commission shall become
functus officio, and all its assets and properties shall revert to the National Treasury,

SECTION 7. Accountability of the Commission. ~ The “Mamasapano Truth Commission”,
as an entity created to serve justice, must at all times be accountable to the sovereign Filipino
People, by conducting investigations and issuing reports in an objective, thorough and efficient
manner.

SECTION 8. Budget of the Commission. ~ ‘The sum of Fifty Million Pesos (P50,000,000,00)
is hereby appropriated out of available funds in the National Treasury for the operational
expenses of the Commission.

SECTION 9. Separability Clause. ~ If for any reason, any section or provision of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SECTION 10, Repealing Clause. All laws, decrees, orders or rules and regulations, and other
issuances which are inconsistent with the provisions of this Act ate hereby repealed, amended or
modified accordingly.

SECTION 11, Effectivity, — ‘This Act shall take effect fifteen (15) days after its publication in
‘vo (2) national newspapers of general circulation,

Approved,