SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES) 
Second Regular SessIOn 
) 
SENATE 
ITB~2 1'1 :26 
S B No 
2603 
Introduced by Senator Teofisto "TG" Guingona III, 
Senator Paolo Benigno "Bam" Aquino IV & Senatol~ Aquilino "Koko" Pimentel III 
"AN ACT 
CREATING A FACT-FINDING COMMISSION, TO BE CALLED THE 
'MAMASAPANO TRUTH COMMISSION,' WITH PLENARY POWERS TO 
INVESTIGATE AND REPORT UPON THE DEATHS AND INJURIES OF 
MEMBERS OF THE SPECIAL ACTION FORCE UNIT OF THE PHlLlPPINI' 
NATIONAL POLICE IN MAMASAPANO, MAGlJINDANAO" 
:EXPLANATORY NOTE 
'i11e}' went wilh \'()I1gs 10 the h({{lle, Ihey were young. 
Strmght of'/lInh, Irue o(eye, sICady and aglow 
'IIwy were staunch 10 Ihe end agmnsl odds uncounted, 
'i1wy f~1I wilh Ihell'jilces 10 Ihe foe 
'i11ey shall grow nOI old, us we Ihal are lefi grow old 
Age vhall nol weary Ihem, nor Ihe years condemn. 
AI Ihe gOll1g down o(lhe vun and 111 Ihe mornll1g 
We will remember tltellL 
- Robert Laurence Bmyon 
On January 25, 2015, while on a mission to serve arrest warrants to two suspected 
terrorists - MalaYSian Jemaah Islamiyah leader, Zulklfli bin tilr also known as "Marwan" and 
Filipino bomb maker, Abdulbasit Usman, forty-four (44) members of the Philippine National 
Police SpeCial Action Force (PNP SA F) died, With twelve (I2) getting injured 
111 
Mamasapano, Maguindanao, during an armed conf1Ict with other armed elements, which 
allegedly mcluded the Bangsamoro Islamic Freedom Fighters (BIFF) and the Moro Islamic 
Liberation Front (MILF)." 
The facts and CIrcumstances remain unclear as to how this unfortunate event occurred. 
This bill creates a fact-findlllg commIssion, to be called the "Mamasapano Truth 
Commission," that will have plenary powers to investigate and report upon thiS tragedy. This 
tragedy has far-reaching consequences and implications, which strike at the very heart of the 
Nation, and may impede the ongoing peace process between the National Government and 
1 


the MlLF. An Independent and Impartial Commission is therefore necessary to enable us to 
get to the bottom of this tragedy. 
Forty-four of our bravest elIte polIce force penshed in the gnsly encounter, and 
twelve (12) remain suffering because of their injunes. The creation of this Commission shall 
be our humble way of honoring our fallen heroes, who served the country with excellence, 
valor lUld patriotism. We should not allow their deaths or injuries to be in vain. 
In view of the foregoIng, early passage of this measure is urgently sought. 
"TG" GlJINGONA III 
p\~~~ 
.. 
AQ()~O 
\'KOKO" PIMENTEL III 
2 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Secollil Regular Ses.~ioll 
) 
SENATE 
S.B No 
2603 
Introduced by Senator Teofisto "TG" Guingona III, 
Senator' Paolo Benigno "Bam" Aquino IV & Senatol' Aquilino "Koko" Pimentel III 
"AN ACT 
CREATING A FACT-FINDING COMMISSION, TO BE CALLED THE 
'MAMASAPANO TRUTH COMMISSION,' WITH PLENARY POWERS TO 
INVESTIGATE AND REPORT UPON THE DEATHS AND INJURIES OF 
MEMBERS OF THE SI'ECIAL ACTION FORCE UNIT OF THE PHILIPPINE 
NATIONAL POLICE IN MAMASAPANO, MAGUINDANAO" 
\ rLu It 
He II enacted III the Senate and the House o{ Representatives o/the Philippines in 
Congress msemhled: 
1 
SECTION I. Cr'eation of a Fact-Finding Commission - There is hereby created an 
2 
independent ad hoc fact-finding Commission, to be called the "Mamasapano Truth 
3 
Commission," to determine all the facts and circumstances surrounding the death of forty-
4 
four (44) and the wounding of twelve (12) members of the elite Special Action Force (SAF) 
5 
Unit of the Philippine National Police (PNP) during an encounter with other armed elements, 
6 
which allegedly included members of the Bangsamoro Islamic Freedom Fighters (BIFF) and 
7 
the Moro IslamiC Liberation Front (MILF) in Mamasapano, Magulndanao on 25 January 
8 
20lS 
9 
The Comnllssion shall be composed of a Chairperson and two (2) CommiSSIOners, who 
10 
together will act as an Independent collegial body. They shall be appointed by the PreSident 
11 
of the Philippines. 
12 
Notwithstanding any vacancy, the Comrmsslon shall continue to function and a new 
13 
Commissioner shall be ImmedIately appointed 
14 
SECTION 2. Qualifications of the Chair'ller'son and Commissioners - No person shall be 
15 
aPPOinted Chairperson or Commissioner of the "Mamasapano Truth Commission" unless· 
16 
a) he/she is it natural-born Filipino Citizen; 
17 
b) he/she IS of good moral character, unquestionable integrity, probity and patriotism; 
18 
and 
19 
c) he/she IS ofrecognil.ed competence In his/her profession 
1 


1 
The Chairperson, in addnion to the aforementIOned, should be a member of the PhIlippine 
2 
Bar, who has been engaged III the practice of law for at least ten (10) years. 
3 
SECTION 3. Powel's and Functions. - The CommissIOn is pnmarily tasked to conduct a 
4 
thorough fact-iinding investigation of the L1cts and circumstances surrounding the 
5 
"Mamasapano incident" In particular, it shall: 
6 
a) 
Collect, recel ve, review and evaluate evidence related to the mcident; 
7 
b) 
Issue suhpoena ad teslLjlmndum or suhpoena duces lecum, and other compulsory 
8 
processes requiring the attendance and testimony of witnesses and the production of any 
9 
evidence relative to any mailer under investIgation by the CommissIOn 
10 
c) 
Administer oaths and a1lirmations and exanline witnesses; 
11 
d) 
Cite m contempt, and impose appropriate penalties as a result thereof, any person who 
12 
refuse, without lawful excuse, to obey a subpoena, take an oath, or give testimony or produce 
13 
documents for inspectIOn as reqUired by the Commission; 
14 
e) 
Write a report, with its Jlndings, conclusions and recommendations, based on its 
15 
independent investigation, 
16 
I) 
Recommend, Il1 cases where there is a need to utrlil.e any person as a state witness to 
17 
ensure that the ends of justice be fully served, that such person, who qualifies as a state 
18 
witness, under the Revised Rules of Court of the Philippines, be admitted for that purpose; 
19 
g) 
Call upon the departments, bureaus, oflices, agencies or instrumentalities of the 
20 
Government, Il1cluding government-owned mId controlled corporatIOns, to extend such 
21 
assistance and cooperation as the Commission may need in the exercise of its powers, 
22 
execution of lis functions, and discharge of its duties and responSibilities, with the end in 
23 
view of accomplishll1g its mandate; 
24 
h) 
Engage or contract the services of resource persons, consultants, professionals, and 
25 
other personnel determmed by it as necessary to carry out its mandate, 
26 
i) 
Promulgate its rules and regulalrons or rules of procedure it deems necessary to 
27 
effectively and effIciently carry out the objectives of thIS law, and to ensure the orderly 
28 
conduct of its investigations, proceedings and heanngs, mcluding the presentation of 
29 
evidence, and 
30 
j) 
Exercise such other acts inCIdent to or are appropriate and necessary in connection with 
31 
the objectives and purposes of this Order 
32 
SECTION 4. Conduct of Pl'oceedings. - The proceedings of the Commission shall be in 
33 
accordmlce WIth the rules promulgated by the CommIssion. Hearings or proceedings of the 
34 
Commission shall be open to the public. However, the CommIssion may, motu propio, or 
35 
upon the request of the person testifymg, hold an exec utI ve or closed-door hearing, where 
36 
matters of natIonal secunty or public safety are involved, or when the personal safety of the 
37 
witness warrants the holding of such executive or closed-door hearing The Commission shall 
38 
provide the rules for such hearing 
2 


1 
SECTION 5. Constitntional Rights of Witnesses/Resonrce Pel·sons. - The Consututional 
2 
rights of any person called to testllY before the Commission shall be respected 
3 
SECTION 6. Repol·t of the Commission .- WlIhin a reasonable time, the CommisSIOn shall 
4 
endeavor to complete the investigation and submit l!s comprehenSive final report with lIs 
5 
findings, conclusions, and recommendations. 
6 
Prior thereto, the Commission, 111 its sole discretion, may publish such speCial Intenm reports 
7 
from time to time. 
8 
Reports of the Commission shall be sent to the Office of the President, copies of which shall 
9 
be provided to Congress. 
10 
All of the Commission's reports shall also be made pubhc. 
11 
Once the Commission has completed and published ItS report, the CommisSIOn shall 
12 
become/imc/us officIO, and all its assets and properties shall revert to the National Treasury. 
13 
SECTION 7. Accountability of the Commission - The "'Mamasapano Truth Commission," 
14 
as un entity created to serve Jusl1ce, must at alltllnes be accountable to the sovereign Flhpino 
15 
People, by conductmg invesl1gations and ISSUl11g reports In an obJeCl1ve, thorough and 
16 
emcient manner. 
17 
SECTION 8. Budget of the Commission - The sum of Fifty 
Million Pesos 
18 
(1)50,000,000 (0) IS hereby appropriated out of available funds in the NatIOnal TreasUlY for 
19 
the operational expenses of the CommiSSion. 
20 
SECTION 9. Separability Clause -
If for any reason, any section or proviSIOn of this Act 
21 
is declm'ed to be unconstitutional or invalid, the other seclions or provIsions hereof which are 
22 
not affected therebv shall continue to be 111 full force and effect 
23 
24 
SECTION to. Repealing Clause -- All laws, decrees, orders or rules and regulations, and 
25 
other issuances which are inconsistent with the provisions of this Act are hereby repealed, 
26 
amended or modilled accordingly. 
27 
28 
SECTION 11. Effectivity -
This Act shall take efrect fifteen (15) days after its publication 
29 
in two (2) national newspapers or general circulatIOn 
30 
Approved, 
3