Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Gity, Metro Marila

SIXTEENTH CONGRESS
Second Regular Session

House Billo. 9442

Introduced by Representatives Sitti Djalia A. Turabin-Hataman, Leni Gerona-
Robredo, Kaka J. Bag-ao, Jorge “Bolet” B. Banal, Marcelino “Marcy” R. Teodoro,
Teddy Brawner Baguilat, Jr., Sherwin N. Tugna, Ibarra M. Gutierrez III, Walden F.
Bello

EXPLANATORY NOTE

Last 25 January 2015, three platoons of the elite Philippine National Police - Special Action
Force (PNP-SAF) ventured into Mamasapano, Maguindanao with the mission to serve arrest
warrants to two suspected terrorists - Malaysian Jemaah Islamiyah leader Zukifli bin Hir also
known as Marwan and Filipino bomb-maker Abdulbasit Usman. Tragically, the PNP-SAF troops
encountered members of the Bangsamoro Islamic Freedom Fighters (BIFF) and the Moro
Islamic Liberation Front (MILF), which resulted in the death of several individuals from the said
troops, along with civilians within the vidrity of the clash.

The facts and circumstances surrounding the inddent remain unclear and insufficient. Under
these circumstances, the creation of an impartial Commission is necessary in order to determine
the complete set of facts on this incident to ensure that truth shall give way to justice.

This bill seeks to form the Citizens’ Commission for Justice in Mamasapano, an independent
body with a multi-sectoral membership, which will have plenary powers to Investigate and
report upon the tragedy. It will be tasked to come out with a report detailing the events that
transpired, recommendations to prevent similar incidents, and possible charges against people
involved. This measure also incorporates transparency mechanisms that will ensure that the
processes and findings of the Gtizens’ Commission will truly be accessible to the public.

This undertaking is the realization of the resolve of the House of Representatives to make
concrete contributions to the attainment of justice for the casualties of the Mamasapano
inddent by means of deliberate and thorough investigations to be conducted by a body
composed of citizens of unimpeachable integrity and credibility.

Indeed, the unfortunate event has sweeping effects and repercussions which may possibly
impede the ongoing peace process between the National Government and the MILF. More
importantly, we need to honor the sacrifices of our fallen heroes and appease the grief of the
victims’ families by giving them the truth and justice they deserve.

In view of the foregoing, the immediate passage of this bill is urgently sought.


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AMIN Party-List Third District of{Camarines Sur

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(Jose “BOLET” B. BANAL
(Third District of Quezon City

MARCELINO “MARCY” R. TEODORO
First District of Marikina City

IRWIN N. TUGNA T RA M. GU’ ZI

CIBAC Party-List AKBAYAN Party-List

Loffe District of Ifugao

WALDEN F. BELLO
AKBAYAN Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

5442

SSS

House Bill No.

Introduced by Representatives Sitti Djalia A. Turabin-Hataman, Leni Gerona-
Robredo, Kaka J. Bag-ao, Jorge “Bolet” B. Banal, Marcelino “Marcy” R. Teodoro,
Teddy Brawner Baguilat, Jr., Sherwin N. Tugna, Ibarra M. Gutierrez 111, Walden F.
Bello

AN ACT
CREATING THE CITIZENS’ COMMISSION FOR JUSTICE IN MAMASAPANO, WITH
PLENARY POWERS TO INVESTIGATE AND REPORT ON THE 25 JANUARY 2015
POLICE OPERATION AND ITS AFTERMATH IN MAMASAPANO, MAGUINDANAO

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

SECTION 1. Creation of the Citizens’ Commission for Justice in Mamasapano. — An
investigative body to be known as the Citizens’ Commission for Justice in Mamasapano, herein
after referred to as Citizens’ Commission, is hereby created to determine all the facts and
circumstances in the police operation that was carried out on 25 January 2015 in Mamasapano,
Maguindanao and its aftermath, which resulted in the death and injury of Philippine National
Police - Special Action Force (PNP-SAF) personnel, Moro Islamic Liberation Front (MILF)
members, Bangsamoro Islamic Freedom Fighters (BIFF) members, and, allegedly, civilians
residing in the area,

SEC. 2. Objective of the Citizens’ Commission. — The Citizens’ Commission shall:

a. Gather the facts and put together the events that transpired on 25 January 2015 in
Mamasapano, Maguindanao, through an impartial and independent fact-finding
investigation led by appointed civilians with unimpeachable credibility, integrity, and
probity;

b. Craft recommendations to various government agencies in order to prevent a similar
event from transpiring in the future;

c. Investigate those responsible for the incident and bring justice to those affected by the
event; and

d. Recommend steps or measures to ensure the continuity of the on-going peace process
and prevent all-out war in Mindanao.


SEC. 3, Composition. — The Citizens’ Commission shall be composed of one (1) Chairperson
and four (4) members to be appointed by the President of the Philippines fifteen (15) days after
the effectivity of this Act.

The four (4) members to be appointed shall be:

. Amember of the Moro community;

. Aworker in a non-government or civil society organization that advocates peace;
. Acivilian academic whose expertise is in the field of national defense; and

. Acivilian academic whose expertise is in the field of Moro / Mindanao studies.

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At least one out of the five members must be a woman to ensure gender balance.

SEC. 4. Qualifications of the Chairperson. — The Chairperson of the Citizens’ Commission
must be:

. Anatural-born Filipino citizen;
Of good moral character and unquestionable integrity;

Of proven competence in his of her field;

|. A member of the Philippine Bar; and

With at least ten (10) years of experience in the practice of law.

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SEC. 5. Qualifications of the Members. — The members of the Citizens’ Commission must
be:

a. Natural-born Filipino citizens;
b. Of good moral character and unquestionable integrity; and
c. Of proven competence in thelr respective fields.

SEC. 6. Disqualification. — The following persons shall be disqualified from becoming the
Chairperson or a member of the Citizens’ Commission:

a. A relative of any person in elective public office within the second degree of
consanguinity or affinity;

b. Apperson who has held or continues to hold any elective position in government;

c. A member of any political party or patty-list group recognized by the Commission on
Elections; and

d. A person who is financially interested, directly or indirectly, in any transaction or
contract with the National Government and its subdivisions, instrumentalities, and
agencies, including government-owned or controlled corporations.

SEC. 7. Powers and Functions, — The Citizens’ Commission is primarily tasked to conduct a
thorough Investigation of the facts and circumstances surrounding the 25 January 2015 police
operation and its aftermath in Mamasapano, Maguindanao. In particular, it shall:

a. Form a secretariat which will assist in the exercise of the mandate of the Citizens’

Commission;
b. Collect, receive, review, and evaluate evidence related to the incident;


c. Issue subpoena ad testificandum and subpoena duces tecum, and other compulsory
processes requiring the attendance and testimony of witnesses and the production of
any evidence relative to any matter under investigation by the Citizens’ Commission;

. Administer oaths and affirmations and examine witnesses;

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

f. Write a report, with its findings, conclusions, and recommendations, based on its

independent investigation;

g. 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
purpose;

h. 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 Citizens’ 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;

i. Engage or contract the services of resource persons, consultants, professionals, and
other persons determined by it to be necessary in carrying out its mandate;

j. Exhaust all means available to gather, collect, and receive testimonies, oral narrations,
and other such information from the communities affected; and

k, Exercise such other acts incidental to or appropriate and necessary in meeting the
objectives and purposes of the Commission.

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SEC. 8. Rules of Proceedings. — The Citizens’ Commission shall draft, adopt, and
promulgate rules that will govern the orderly, effective, efficient, and transparent conduct of its
investigations, proceedings, hearings, and other Initiatives, such as the presentation of
evidence, within fifteen (15) days upon the appointment of its Chairperson and members. The
rules of evidence under the Revised Rules of Court shall have suppletory application.

SEC. 9. Conduct of Proceedings, — The proceedings shall be in accordance with the rules
promulgated by the Citizens’ Commission. Hearings or proceedings of the Citizens’ Commission
shall be open to the public, pursuant to Section 13 of the Act. However, the Citizens’
Commission, motu propio, or upon the request of the person testifying, may hold an executive
or closed-door hearing where matters of national security or public safety are involved, or when
the personal safety of the witness warrants the holdng of such executive or closed-door
hearing; Provided, that the decision to hold executive or dosed-door sessions is made in
accordance with the rules promulgated by the Citizens’ Commission.

SEC. 10. Bar against the Issuance of Restraining Orders or Preliminary Injunctions
from Courts, with the Exception of the Supreme Court. — No court, except the Supreme
Court, shall issue any restraining order or preliminary injunction on any matter involving the
official acts of the Commission pursuant to this Act.

SEC. 11. Right to Counsel. — Any person called to testify before the Citizens’ Commission
shall have the right to counsel at any stage of the proceedings.


SEC. 12. Publication of Proceedings. — The Citizens’ Commission shall create a website
wherein all journals of the proceedings shall be published. The Citizens’ Commission shall
regularly update the website and upload the journal of its proceedings, not later than 3 days
after the date thereof.

Furthermore, the Citizens’ Commission shall upload its full report on its website upon
submission to the Office of the President, both Houses of Congress, and other government
agencies and parties concerned.

SEC. 13. Public Access to Proceedings. — All proceedings shall be made open to the public
and to the members of the media. However, the Citizens’ Commission may call for executive or
dosed-door sessions when matters of national security or public safety will be discussed and
When the personal safety and security of the witness or resource person must be guaranteed
pursuant to Section 9 of this Act; Provided, that the decision to hold executive or closed-door
sessions is made in accordance to the rules promulgated by the Citizens’ Commission.

The use of equipment for live broadcasts or recordings shall be allowed; Provided, that the
presence and use of such equipment must not obstruct or hinder the orderly conduct of
proceedings of the Citizens’ Commission.

The use of devices for reporting via new media or social media shall also be allowed; Provided,
that the presence and use of such devices must not obstruct or hinder the proceedings of the
Citizens’ Commission.

Other regulations concerning decorum of all present and the use of equipment/devices shall
further be detailed in the rules to be promulgated by the Citizens’ Commission; Provided, that
such regulations shall not impede the access of the public to the proceedings and shall be made
in the spirit of transparency and accountabality on the part of the Citizens’ Commission.

SEC. 14, Report of the Citizens’ Commission. — Within a reasonable time, not later than
six (6) months after the promulgation of its rules, the Citizens’ Commission shall render a
‘comprehensive final report with its findings, condusions, and recommendations, to the Office of
the President, with copies furnished to both houses of Congress and government agencies
concerned.

All of the Citizens’ Commission's reports shall be made public.

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

SEC. 15. Tenure. — The Citizens’ Commission is given six (6) months, after the promulgation
of its rules mandated by Section 8 of this act, to fulfil the objectives set forth herein.

SEC. 16. Appropriations. — The sum of Twenty Million Pesos (P20,000,000.00) is hereby
appropriated out of the available funds of in the National Treasury for the operational expenses
of the Citizens’ Commission.


SEC. 17. 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.

SEC. 18. Repealing Clause. — All laws, dectees, orders or rules and regulations, and other
issuances which are inconsistent with the provisions of this Act are hereby repealed, amended
ot modified accordingly.

SEC. 19. Effectivity. — This Act shall take effect fifteen (15) days after its publication in two
(2) national newspapers of general circulation.

Approved,