NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
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23 AUG-7 P4:10
SENATE
RtCEIVEO BY;
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
CREATING THE NATIONAL TRANSITIONAL JUSTICE RECONCILIATION AND 
COMMISSION FOR THE BANGSAMORO, ESTABLISHING A TRANSITIONAL 
JUSTICE AND RECONCILIATION PROGRAM FOR THE BANGSAMORO, AND 
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
The peace negotiation between the Government of the Philippines (GPH) and the 
Mono Islamic Liberation Front (MILF) began in January 1997. It led to the signing of the 
Framework Agreement on the Bangsamoro (FAB) In October 2012 and the 
Comprehensive Agreement on the Bangsamoro (CAB) in March 2014.
As part of their agreement, both parties committed to work out a program for 
transitional justice to address the legitimate grievances of the Bangsomoro people, 
correct historical injustices, and address human rights violations. To facilitate the process, 
the Annex on Normalization provided for the formation of an independent body known 
as the Transitional Justice and Reconciliation Commission (TJRC) to conduct a 
comprehensive study and propose appropriate mechanisms for transitional justice and 
reconciliation.


Thereafter, on 27 September 2014, the TJRC was established and convened. 
Unfortunately, to date, a Transitional Justice and Reconciliation Program for the 
Bangsamoro has yet to be created.
The establishment of a Transitional Justice and Reconciliation Program for the 
Bangsamoro is crucial for the Philippine State to acknowledge the legitimate grievances 
of the Bangsomoro, address the root causes of the conflict, and prevent its recurrence 
by setting up institutional mechanisms for transitional and reconciliation. The successful 
Implementation of this program would contribute to peace and harmony in Mindanao, 
aligning with the national aspiration for unity and progress.
This bill aims to institutionalize a Transitional Justice and Reconciliation Program 
(TJRP) for the Bangsamoro and create the National Transitional Justice and Reconciliation 
Commission for the Bangsamoro. The creation of the program would address the 
problems through a Filipino Bangsamoro context.
In view of the foregoing, the enactment of this bill is earnestly sought as it reflects 
the collective commitment of the State to sustaining the achievements of peace, unity, 
and development in the Bangsamoro region.
IS "TOL" N. TOLENTINO


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
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of tljf
23 AUG “7 P 4 *10
SENATE
S. No. 2392
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
CREATING THE NATIONAL TRANSITIONAL JUSTICE RECONCILIATION AND 
COMMISSION FOR THE BANGSAMORO, ESTABLISHING A TRANSITIONAL 
JUSTICE AND RECONCILIATION PROGRAM FOR THE BANGSAMORO, AND 
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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SECTION 1. Short Title. - This Act shall be known as the " TransitionaUustice and
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Reconciliation Act for the Bangsamoro."
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Sec. 2. Declaration of Policy. - It is hereby a declared policy of the State to actively
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seek and promote a long-lasting sustainable peace, reconciliation, and development in
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the Bangsamoro region. In view thereof, the State shall create and implement a
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comprehensive program that aims to address the rightful grievances of the Bangsomoro
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people, correct historical injustices, and redress human rights violations and
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marginalization related to land dispossession. The State shall likewise ensure the non-
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recurrence of such injustices and violations.


Sec. 3. Definition of Terms. - As used in this Act:
(a) Historical Injustices - include acts committed and transactions entered into 
by state and non-state actors with the Bangsamoro and other inhabitants of the 
Mindanao and Sulu archipelago that have placed the Bangsamoro people at a 
political and economic disadvantage and, while having occurred in the distant past, 
continue to impact their lives today.
(b) Land Dispossession - includes dispossession by ostensibly lawful means, 
such as public land laws but may have been attended by force, duress, 
intimidation, stealth, and deception.
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(c) Marginalization - refers to the political and economic disenfranchisement 
that the Bangsamoro people and other inhabitants of the Mindanao and Sulu 
archipelagos have suffered due to unjust national laws, programs, policies, as well 
as government neglect and failure to address destructive and exploitative actions 
of non-state actors.
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(d) 
Transitional Justice - means the full range of process and mechanisms 
associated with a society's attempts to come to terms with a legacy of past abuses, 
in order to ensure accountability, serve justice and achieve reconciliation which 
include criminal prosecution, truth telling, reparations programs and institutional 
reform.
(e) 
Legitimate Grievances - refer to grievances that are rooted or grounded on 
objective conditions and circumstances like landlessness, poverty, unemployment, 
widespread discrimination and abuses, ethnic dominance, inter-group hatred, 
political/economic exclusion, gender violence or injustice.


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Sec. 4. Transitional Justice and Reconciliation Program for the Bangsamoro. —
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There is hereby established a Transitional Justice and Reconciliation Program for the
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Bangsamoro, hereinafter referred to as the "Program," which shall address legitimate
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grievances of the Bangsamoro and Indigenous peoples, historical injustices and human
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rights violation, including marginalization through land dispossession, with the following
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aims:
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(a) Provide venues for the victims of conflict to be heard and mechanisms for 
the investigation of serious violations of international human rights law and 
international humanitarian law, and enable inquiries into specific events of the 
armed conflict;
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(b) Contribute to the resolution of outstanding land disputes in conflict-affected 
areas in the Bangsamoro and address the legacy of land dispossession with 
concrete measures to provide redress;
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(c) Provide effective counteractions to impunity, by promoting accountability 
and strengthening the rule of law in relation to past and present wrongdoings, 
including crimes identified under international conventions to which the Philippines 
is a signatory; and
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(d) Promote healing and reconciliation among the different communities 
affected by the conflict.
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Sec. 5. National Transitional Justice and Reconciliation Commission on the
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Bangsamoro. — There is hereby created a National Transitional Justice and Reconciliation
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Commission on the Bangsamoro, hereinafter referred to as the "Commission" under the
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Office of the President. The Commission shall design and formulate mechanisms to
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implement the Program and supervise such implementation. In formulating the
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mechanisms, the Commission shall be guided by a framework of dealing with the past


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that respects, protects, and fulfills the right to truth, right to justice and right to reparation
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of the victims and ensure non-recurrence of any violation. For this purpose, the
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Commission shall adopt its own operational guidelines and rules of procedure.
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Sec. 6. Composition. — The Commission shall be composed of five (5) regular
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members headed by a Chairperson and two (2) ex-officio representatives from the civil
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society organizations who shall sit as non-voting members of the Commission. The
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President shall appoint all members of the Commission; Provided, That the two (2) ex-
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officio representatives shall be appointed upon the recommendation of the civil society
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organizations.
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Sec. 7. Qualifications of the Regular Members of the Commission. - No person
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shall be appointed as Member of the Commission unless he/she possess the minimum
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qualifications:
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(a) 
A natural-born citizen of the Republic of the Philippines;
(b) 
Of proven competence, integrity, probity and independence; and
(c) 
Has distinguished himself/herself in the field of conflict resolution, 
peacebuilding, human rights, and other related heads of expertise.
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Sec. 8. Powers and Functions. — The Commission shall have the following powers and
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functions.
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(a) Conduct a nationwide information, education, and dissemination program 
for the popularization of the rationale and principles of transitional justice and 
reconciliation, as well as its implementing mechanisms;
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(b) Investigate, study, and recommend measures for the resolution of cases of 
individuals and communities adversely affected by armed conflict, serious 
violations of human rights and international humanitarian law, and outstanding


land disputes in the conflict-affected areas, generally and as provided in the 
mandates of the sub- commission. Pursuant to this, the Commission and its sub­
commission may take the testimony or receive evidence, administer oath, summon 
witnesses, and require the production of documents by subpoena duces tecum;
(c) Determine the factors that contribute to impunity in relation to past and 
present wrongdoings, and recommend appropriate actions to dismantle impunity, 
promote accountability, and strengthen the rule of law;
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(d) 
Coordinate with the public and private sectors in the formulation of short, 
medium, and long-term programs under a comprehensive approach to transitional 
justice and reconciliation;
(e) 
Call upon other government agencies, including government-owned and 
controlled corporations and government financial institutions, for any support it 
needs to carry out its mandate;
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(f) Submit to the President recommendations for further action, including
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proposed bills on matters requiring legislative actions, when necessary, to fully
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implement its proposals and programs; and
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(g) Perform such other functions as may be necessary for the effective
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discharge of its mandate.
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Sec. 9. Organizational Structure and Staffing Pattern. — Within three (3) months
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from the creation of the Commission, the organizational structure and staffing pattern
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shall be formulated and finalized in coordination with the Department of Budget and
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Management. To assist the Commission in the performance of its duties, four (4) sub-
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commissions are hereby created, which shall deal with specific aspects of transitional
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justice for the Bangsamoro:


(a) Sub-Commission on Bangsamoro Historical Memory, which shall have the 
following specific functions:
(i) To contribute to confidence building in communities affected by the 
conflict through fact finding and truth seeking, whiie ensuring their 
protection, safety and dignity. In particular, the sub-commission shali 
iisten to the testimony of victims in ciosed or public hearings, in order 
to coiiect witness statements and evidence reiated to specific violent 
events, with sensitivity to accounts of women who have been victims of 
gender-based and sexuai violence;
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(ii) To investigate serious vioiations of international human rights and 
international humanitarian law, focusing, among other, on specific 
embiematic cases of mass atrocity crimes, of land dispossession, and of 
conflict-reiated sexuai and gender-based violence to determine whether 
such forms of vioience were practiced as a deiiberate strategy of war in 
the Bangsamoro conflict;
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(iii) To publish series of reports on the results of its investigation and cases 
of international human right vioiations, which inciude an anaiysis of the 
findings and recommendations reiated to individuai, coiiective, and 
symboiic forms of reparations, accountability for crimes committed, 
institutionai reforms, and reconciiiation; and
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(iv) To establish databases on violations of international human rights and 
international humanitarian iaw in the Bangsamoro from 1948 untii the 
present, particuiariy a database on conflict-reiated human casuaities.


(b) Sub-Commission against Impunity and on the Promotion of Accountability 
and Rule of law in the Bangsamoro, which shall be responsible for the following:
(i) To identify, investigate, and recommend policies, operational means, 
and concrete measures to address and overcome practices of impunity 
at all levels, whether of a technical, political, or financial nature and 
whether related to past or present wrongdoings; and
(ii) To request disciplinary procedures against public officials who fail to 
cooperate or who obstruct justice and the rule of law.
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(c) Sub-Commission on Land Dispossession in the Bangsamoro, which is 
authorized:
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(i) To address issues related to land dispossession, use, and tenure in the 
conflict- affected areas in the Bangsamoro by developing or 
implementing a dispute resolution mechanism for land conflicts, 
including indigenous peoples' (IPs) claims on ancestral domains, and for 
identifying lands where there are competing claimants;
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(ii) To create a database on actual land ownership in the Bangsamoro and 
on land dispossession that may be used to support legal proceedings 
and restitution or reparation programs, including cadastral, geo-tagged, 
and community-based participatory mapping sets;
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(iii) To support the overall redesign of land services in the Bangsamoro by 
recommending changes in the legal framework and all procedures 
related to land titling, registration, taxation, and management, including 
claims of IPs on ancestral domains, for legislation.


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(d) Sub-Commission on Bangsamoro Healing and Reconciliation, which is 
empowered:
(i) To identify and support traditional practices of reconciliation at the 
community level;
(ii) To develop and promote a meaningful process for national reconciliation 
with a view to encouraging cultural and attitudinal change;
(lii) To support the other three (3) sub-commissions in the implementation 
of their mandate by shaping and promoting a reconclliatory vision for 
each of them.
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Each sub-commission shall cooperate with relevant national, regional, and local
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Institutions, both governmental and nongovernmental, in the exercise of its mandate.
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Moreover, each sub-commission shall ensure the meaningful participation of women in
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the processes that will be undertaken, taking into consideration their experiences relevant
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to the objectives of transitional justice.
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Sec. 10. National Consultation Process. - The appointment of members of the
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Commission shall be made through national public consultations.
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For this purpose, the Office of the Presidential Adviser on the Peace, Reconciliation
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and Unity shall propose to the President a selection and appointment process for the
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members of the Commission. This selection and appointment process shall include the
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appointment of a selection committee composed representatives of national, regional,
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and local sectoral stakeholders. The selection committee, after its convention, shall select,
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from the pool of nominees, the persons who shall be included in the short lists of
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nominees from which the President shall appoint the members of the Commission. The
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selection committee and the Commission shall ensure the inclusion of women in its
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membership, corresponding to representatives of national, regional and local
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stakeholders.
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The Commission, whether it deems appropriate, shall likewise conduct national
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public consultations in the formulation of the implementing mechanisms of the Program.
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Sec. 11. Secretariat. - The Commission shall organize its Secretariat that shall
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assist the performance of its functions and shall provide administrative and technical
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support. It shall be headed by an Executive Director who shall be appointed by the
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President. The Executive Director shall execute the policies and programs of the
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Commission and shall be responsible for the efficient, and effective day-to-day
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management of the operations of the Commission.
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The Executive Director shall recommend to the Chairperson, for the approval of
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the Commission, the budget of the Secretariat, its staffing pattern, position classification
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and compensation scheme, and the appointment of its personnel subject to existing laws,
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rules, and regulations.
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The Executive Director shall be appointed by the President.
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Sec. 12. Transitional Justice and Reconciliation Forum. - The Commission shall
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actively engage with stakeholders in the formulation and implementation of its projects
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and programs. For this purpose, it shall convene a Transitional Justice and Reconciliation
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Forum which shall serve as the platform for stakeholders to monitor and support the
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Transitional Justice and Reconciliation Program for the Bangsamoro.
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Sec. 13. Duration. - The Commission shall operate for a period of six (6) years
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from the effectivity of this Act or upon completion of the purpose for which it was created,
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whichever comes first. However, it may continue to operate for additional three (3) years
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upon the approval of the President.


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Sec. 14. Appropriation. — For the initial operating expenses of the Commission to
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carry out the mandate of this Act, the amount of One Hundred Million Pesos
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(P100,000,000.00) is hereby appropriated to be charged against the unexpended
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contingency funds of the Office of the President. Thereafter, the amount needed for the
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operation and maintenance of the Commission shall be included in the annual General
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Appropriations Act.
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The Commission is likewise authorized to accept donations, contributions, grants,
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bequests or gifts from domestic or foreign sources, for purposes relevant to its mandate
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and functions, in accordance with applicable laws and rules and regulations subject to
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government accounting and auditing rules and regulations.
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Sec. 15. Implementing Rules and Regulations. - Within ninety (90) days from the
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approval of this Act, the Commission shall promulgate rules and regulations
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implementing the provisions of this Act. The implementing rules and regulations issued
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pursuant to this Section shall take effect thirty (30) days after its publication in two (2)
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newspapers of general circulation.
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Sec. 16. Repealing Clause. - All laws, orders, issuances, rules and regulations
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inconsistent herewith are repealed or modified accordingly.
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Sec. 17. Separability Clause. - If any of this Act is declared unconstitutional, \ the
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remainder of this Act or any provision not affected thereby shall remain in full force and
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effect.
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Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication
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in a newspaper of general circulation or in the Official Gazette.
Approved,
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