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THIRTEENTH CONGRESS OF THE 
) 
. 
, .. 
First Regular Session 
1 
1. 
’04 
JLlB 38 Pi 
REPUBLIC OF THE PHILIPPINES 
S.B. No. 
. :  
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
This bill seeks to institutionalize: a Natiorial 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 will embody our ideals and 
aspirations, promote the common good, conserve and develop our patrimony, and 
secure to ourselves and our prosperity and blessings of independence and democracy 
under the rule of law and a regime of truth, justice, 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 powers “to prevent or suppress lawless violence, invasion or rebellion,” 
(Art. 7, Sec. 18) it has no provisions for the use by government 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 Mor0 National Liberation Front (MNLF), the Mor0 
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 foundatian for economic development and national prosperity. 
Further, the creation of an independent Commission on Peace would ensure continuous 
assistance to the President in his noble pursuit of a comprehensive peace process. The 
Commission on Peace is envisaged to provide a clear direction for the 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 of peace; peaceful, negotiated settlement 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; guidelines for the peace talks, the mandate and 
authority of the President and the administrative structure for carrying out the peace 
process, and the role of the country’s political leadership and agencies of civil society. 
In view of the foregoing considerations, early approval of this bill is earnestly 
sought. 


S 
THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
‘04 
y: 
S.B. No. 952 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
i 
AN ACT 
DECLARING A NATIONAL PEACE POLICY THEREBY CREATING A COMMISSION 
ON PEACE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled. 
SECTION I. Short Title. - This Act shall be known as the “National Peace 
Policy Act of 2004. ” 
SECTION 2. Consfifufional Poky on Peace. - The national peace policy shall 
be pursued in the light of the following constitutional mandates: 
The sovereign Filipino people, imploring the aid of the Almighty God, in 
order to build a just ahd 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 prosperity the blessings of independence 
and democracy under the rule of law and a regime of truth, justice, freedom, love, 
equality, and peace. 
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. 
a) 
b) 
SECTION 3. Principles Underlying the Comprehensive Peace Process. - 
The comprehensive peace process shall be governed by the following underlying 
principles: 
A comprehensive peace process shall be community-based, reflecting the 
sentiments, values, and principles important to all Filipinos. Thus, it shall be ddined not 
by government alone, nor by the different contending groups only, but by all Filipinos as 
one community. 
a) 


b) 
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. 
SECTION 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 project 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. 
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. 
c) 
PEACEFUL 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) 
b) 
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. 


, 
SECTION 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. 
The Commission on Peace shall be composed of a Chairman and four (4) 
Members who must ge natural-born citizens of the Philippines and, at that time of their 
appointment, at least thirty-five (35) years of age and must not have been candidate for 
any elective position in the elections immediately preceding their appointment. 
The Chairman and the Members of the Commission on Peace shall not, 
during their tenure, hold any other office or employment. Neither shall 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 unexpected term of the predecessor. 
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 their term of office. 
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. 
a) 
b) 
c) 
d) 
e) 
SECTlON 6. Secrefariaf. - 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. 
SECTION 7. Powers and Functions of the Commission. - The Commission 
on Peace shall have the following powers and functions. 
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; 
3. 
Submit an annual report to both Houses of Congress on the process and 
implementation of people's recommendations resulting from consultation and dialogue; 
1. 
2. 


4. 
Request the assistance of the departments, agencies, including 
government-owned and controlled corporations in the efficient and effective 
implementation of the peace process; 
Perform such other functions as well as exercise such powers as may be 
delegated or assigned by the President. 
5. 
SECTION 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 sectors’ peace agenda, peace consultations, citizen third-parties in the peace 
talks and community-based peace initiatives including peace zones. 
SECTION 9. 
Transparency and AccomfaMjfy. - 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. 
SECTION IO. Aboliiion, 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 such 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 or 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. 
SECTION 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. 


SECTION 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. 
SECTION 13. lmplementing 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. 
SECTION 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. 
I 
SECTION 15. Repealing Clause. - All acts, laws, decrees, executive orders, 
rules, and regulations or parts thereof, which are contrary to or inconsistent with this Act 
are hereby repealed, amended, or modified accordingly. 
SECTION 16. Effectivity Clause. - This Act shall take effect fifteen (1 5) days 
after its publication in at least two (2) newspapers of general circulation. 
APPROVED,