FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr. and
Representative Rufus B. Rodriguez

House Bill No. 1662

EXPLANATORY NOTE

This bills seeks to institutionalize a National Peace Policy.
The Preamble of the 1987 Constitution sanctifies peace, thus:

The sovereign Filipino people, imploring the aid
of Almighty God, in order to build a just and humane
society and establish a Government that shall
embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony,
and secure to ourselves and our posterity the
blessings of independence and democracy under the
rule of law and a regime of truth, justice, freedom,
love, equality, and peace.

While the Constitution regards peace as sacrosanct, it does not refer
categorically to the concept of peace negotiations as an instrument for resolving
conflicts. Furthermore, although the Constitution provided the President with
extraordinary power “to prevent or suppress lawless violence, invasion or
rebellion,” (Art. 7, Sec. 18) it has no provision for the use of extraordinary
peaceful means to meet armed threats to the State.

Evidently, the absence of a clear and unequivocal national peace policy
caused some delays and snags in the peace talks, with the major rebel groups,
namely the National Democratic Front (NDF), the Moro National Liberation Front
(MNLF), the Moro Islamic Liberation Front (MILF), and the Rebolusyonaryong


Alyansang Makabansa-Soldiers of the Filipino People-Young Officers Union
(RAM-SFP-YOU).

There is a need for a national peace policy to guide the President and all
departments and branches of government, in working together for peace, which,
undeniably, is the basic foundation for economic development and national
prosperity. Further, the creation of an independent Commission on Peace would
contribute to the national pursuit of a comprehensive peace process with the end
in view of achieving enduring peace for all Filipinos.

As provided in this measure, the peace process should adhere to certain
principles. These included the pursuit of social, economic and political reforms;
consensus-building and empowerment; effective negotiation with different rebel
groups; programs for reconciliation, reintegration into mainstream society and
rehabilitation; addressing concerns relative to continuing armed hostilities and
nurturing a climate conducive to peace.

More importantly, a national peace policy would bring into sharp focus the
value of a comprehensive peace process to the nation’s life and survival, its
constitutional underpinnings, underlying principles and components, the value of
the National Unification Commission consultations and guidelines for peace talks
in carrying out the peace process.

In view of the foregoing considerations, early approval of this bill is

earnestly sought.
WZ,

MAXIMO B. RODRIGUEZ, JR.

then,
nnd eg, EZ


FIFTEENTH CONGRESS. )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr. and
Representative Rufus B. Rodriguez

House Bill No__ 1662

AN ACT
DECLARING A NATIONAL PEACE POLICY THEREBY CREATING A
COMMISSION ON PEACE

Be in enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled.

SECTION 1. Short Title. - This Act shall be known as the “National
Peace Policy Act of 2010.”

SEC. 2. Constitutional Policy on Peace. - The national peace policy shall
be pursued in the light of the following constitutional mandates:

a) The sovereign Filipino people, imploring the aid of the Almighty God, in
order to build a just and humane society and establish a government
that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves
and to posterity the blessings of independence and democracy under

the rule of law and a regime of truth, justice, freedom, love, equality,
and peace.

b

The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the
enjoyment by all people of the blessings of democracy,


SEC. 3. Principles Underlying the Comprehensive Peace Process. - The
comprehensive peace process shall be governed by the following underlying

principles:

a) A comprehensive peace process shall be community-based, reflecting

b}

the sentiments, values, and principles important to all Filipinos. Thus, it
shall be defined not by government alone, nor by the different
contending groups only, but by all Filipinos as one community.

A comprehensive peace process aims to forge a new compact for a
just, equitable, humane and pluralistic society. It seeks to establish a
genuinely pluralistic society where all individuals and groups are free to
engage in peaceful competition for predominance of their political
programs without fear, through the exercise of rights and liberties
guaranteed by the Constitution, and where they may compete for
political power through an electoral system that is free, fair and honest.

SEC. 4. Components of the Comprehensive Peace Process. — The
comprehensive peace process shall include, but shall not be limited to, the
following components

a) PURSUIT OF SOCIAL, ECONOMIC AND POLITICAL
REFORMS. This component would allow the Commission on
Peace to act as a coordinative body of the various policies,
reforms, programs and projects aimed at addressing the root
causes of internal armed conflicts and social unrest. This may
require further administrative action, new legislation or even
constitutional amendments.

b)

CONSENSUS-BUILDING AND EMPOWERMENT FOR
PEACE. — This component shall include the continuing
consultations on both the national and local levels to build
consensus for a peace agenda and process and the
mobilization and facilitation of people's participation in the peace
process.

°)

PEACEFULLY NEGOTIATED SETTLEMENT WITH THE
DIFFERENT REBEL GROUPS. This component involves the
conduct of face-to-face negotiations to reach peaceful
settlement with the different rebel groups.


d) PROGRAMS FOR RECONCILIATION, REINTEGRATION,
INTO MAINSTREAM SOCIETY AND REHABILITATION. This
component shall include programs to address the legal status
and security of former rebels, as well as community-based
assistance programs to address the economic, social, and
psychological rehabilitation needs of former rebels, demobilized
combatants, and civilian victims of the internal armed conflicts.

e) ADDRESSING CONCERNS ARISING FROM THE
CONTINUING ARMED HOSTILITIES. This component involves
the strict implementation of laws and policy guidelines, and the
institution of programs to ensure the protection of non-
combatants and reduce the impact of the armed conflict on
communities found in conflict areas.

f) BUILDING AND NURTURING A CLIMATE CONDUCIVE TO
PEACE. This component shall include peace advocacy and
peace education programs and the implementation of various
confidence-building measures aimed at ensuring transparency
and good faith in the peace process.

SEC. 5. Creation of the Commission on Peace. There is hereby created
an independent Commission on Peace which shall be tasked to assist the
President in the active pursuit of a comprehensive peace process.

a) The Commission on Peace shall be composed of a Chairman
and four (4) Members who must be natural-born citizens of the
Philippines and, at that time of their appointment, at least thirty-
five (35) years of age, must not have been candidate for any
elective position in the elections immediately preceding their
appointment.

b) The Chairman and the Members of the Commission on Peace
shall not, during their tenure, hold any office or employment.
Neither shalll they engage in the practice of any profession or in
active management or control of any business which in any way
may be affected by the functions of their office, nor shall be
financially interested, directly or indirectly, in any contract with,
or in any franchise or privilege granted by the government, any


of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.

) The Chairman and the Members of the Commission on Peace
shall be appointed by the President for a term of seven (7) years
without reappointment. Appointments to any vacancy shall be
only for the unexpired term of the predecessor.

qd)

The Chairman and the Members of the Commission on Peace
shall receive the same salary as the Chairman and Members,
respectively, of the Constitutional Commissions, which shall not
be decreased during the term of office.

e)

In recognition of the crucial role of civil society in the
implementation of a comprehensive peace process, one (1)
member of the Commission on Peace should come from the
civil society.

SEC. 6. Secretariat. — There shall be a Peace Commission Secretariat,
headed by an Executive Director which shall provide all the necessary
administrative and technical support to the Commission on Peace.

SEC. 7. Powers and Functions of the Commission. — The Commission on
Peace shall have the following powers and functions:

1,

Formulate policies, programs, guidelines, plans and provide direction
in the implementation of the government's peace process;

Conduct continuing consultations and dialogues with various sectors
of the citizenry towards ensuring people's direct participation in the
government's peace process;

Submit an annual report to both Houses of Congress on the process
and implementation of people's recommendations resulting from
consultation and dialogue;

Request the assistance of the departments, agencies, including
government-owned and controlled corporations in the efficient and
effective implementation of the peace process; and


5. Perform such other functions as well as exercise such powers as may
be delegated or assigned by the President.

SEC. 8. Citizen's Participation. — The State recognizes the vital role of civil
society in the comprehensive peace process. Citizen's participation in the peace
process shall be welcomed, enhanced and protected. Mechanisms for this
include the basic sector's peace agenda, peace consultations, citizen third
parties in the peace talks and community-based peace initiatives including peace
zones.

SEC. 9. Transparency and Accountability. - The President and the
administrative structure for carrying on the peace process shall pursue a policy of
transparency and accountability subject to the confidentiality requirements of
peace negotiations.

SEC. 10. Abolition, Transfer of Assets and Personnel. — All agencies
involved in the implementation of the Six Paths to Peace stated herein such as
the Office of the Presidential Adviser on the Peace Process (OPAPP) created
under Executive Order No. 125, the National Program for Unification and
Development Council (NPUDC) created under Executive Order No. 152 and the
National Peace Forum (NPF) created under Executive Order No. 115 and the
Government of the Republic of the Philippines (GRP) panels are hereby
abolished.

The unexpended appropriations of the abovementioned agencies are
hereby transferred to the Commission on Peace. All properties, records,
equipment, buildings, facilities and other assets of same shall be transferred to
the Commission.

The Commission on Peace may retain personnel of the OPAPP, the
NPUDC and the NPF and the GRP panels, as may be necessary in the fulfillment
of its powers and functions. Any public officer of employee separated from the
service as a result of the abolition of the said offices effected under this Act shall
receive the benefits to which he or she may be entitled under existing laws, rules
and regulations.


SEC. 11. Transition Period. - Until such time that the Commission on
Peace is fully operational, the OPAPP Secretariat shall continue to provide staff
support to the Commission on Peace. It shall be under the direct control and
supervision of the Chair of the Commission on Peace.

SEC. 12. Appropriations. — The amount as may be necessary for the initial
implementation of this Act shall be taken from the appropriations of this Act within
thirty (30) days from its approval

SEC. 13. Implementing Rules and Regulations. — A Technical Working
Group (TWG) composed of the agencies which were abolished and subsumed
under the Commission on Peace shall promulgate the necessary rules and
regulations to implement the provisions of this Act ninety (90) days after the
passage of this Act.

SEC. 14. Separability Clause. — If any part or provision of this Act shall be
held unconstitutional or invalid other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect, Provided however,
that no provision hereof shall be construed as a diminution of any peace pact.

SEC. 15. Repealing Clause. — All laws, executive orders and other
executive issuances which may be inconsistent with any of the provisions of this
Act are hereby repealed, amended or modified accordingly.

SEC. 16. Effectivity Clause — This Act shall take effect after fifteen (15)
days following its publication in two (2) national newspapers of general circulation

Approved