FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
SENATE 
Senate Bill No. 3480 
Introduced by: 
Senator Francis N. Pangilinan 
EXPLANATORY NOTE 
The Philippines has a tropical climate but being located straddling the typhoon belt, most 
of the islands experience annual torrential rains and thunderstorms from July to October. Annual 
rainfall measures as much as 5,000 milliliters in mountainous east coast section but less than 
1,000 millimetres in some of the sheltered valleys. In the last decade, the Philippines has been 
stricken relentlessly by natural disasters and calamities. In 2005, Central Luzon was hit by both a 
drought, which harshly reduced hydroelectric power, and, by a typhoon that flooded almost all of 
Manila's streets. 
Recently, typhoon Pepeng (international codename Parma) hit the country exactly one 
week after tropical storm Ondoy (international codename Ketsana) plummeted the heaviest rains 
in more than four decades in Metro Manila and nearby provinces, which left more thml 300 
people dead. Meanwhile, the aftermath of typhoon Pepeng left several towns in nOlihern Luzon 
isolated due to floods and landslides, with 193 people dead and damaged crops and infrastructure 
estimated at over Five Billion Pesos (Php 5,000,000,000.00). President Gloria Macapagal-
Arroyo declared a state of calamity through the issuance of Presidential Decree No. 1898. 
Despite of P.D. No. 1898, the government faile.d to deliver the basic needs like food, 
clothing and shelter of the typhoon-stricken victims in Manila and nearby provinces. Pre-emptive 
evacuation was not strictly implemented. Medical assistance was not timely rendered. Relief 
operations were unreasonably delayed. In light of the recent calmnities, a national commission 
should be created to undertake fact-finding investigation of the causes, circumstance, costs and 
actions to be taken in order to avoid the massive destruction caused by typhoon Pepeng and 
tropical storm Ondoy. Among others, the Commission shall conduct a comprehensive fact-
finding investigation of said disasters and cal3ll1ities and to determine the role of private 
corporations in the release of water in increment levels from dams, as well as public officials to 
timely inform and issue a public warning that increment levels of water are to be released and the 
government agencies tasked to implement pre-emptive evacuation and to conduct effective and 
prompt relief operations. 
Accordingly, the approval of this bill is earnestly sought. 


FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
SENATE 
Senate Bill No. 
:3 4 8 0 
Introduced by: 
Senator Francis N. Pangilinan 
AN ACT CREATING A COMMISSION 
TO CONDUCT A COMPREHENSIVE FACT-FINDING INVESTIGATION 
OF THE CAUSES, CIRCUMSTANCES, COSTS AND ACTIONS 
TO BE TAKEN IN LIGHT OF THE DISASTERS AND CALAMATIES DUE TO 
TROPICAL STORM ONDOY AND TYPHOON PEPENG, 
RECOMMEND MEASURES TO PREVENT THE OCCURRENCE OF SIMILAR 
TRAGEDIES BROUGHT ABOUT BY THESE CALAMITIES, 
AND FOR OTHER PURPOSES 
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Be it enacted by the Senate and H01.(se of Representatives of the Philippines in Congress 
assembled: 
Section 1. Creation, Objectives and Powers. -
There is hereby created an independent 
Commission which shall investigate all the causes, circ~mstances, costs and actions to be taken 
in light of the disasters and calamities due to tropical storm Ondoy and typhoon Pepeng, and 
recommend measures to prevent similar tragedies brought about by these calamities. 
To attain these objectives, the Commission shall: 
(a) Conduct a comprehensive fact-finding investigation of said disasters and calamities 
due to tropical storm Olldoy and typhoon Peperig and the active participation therein of 
private citizens and private corporations in the release of water in increment levels from 
dams, as well as public officials to timely inform and issue a public warning that 
increment levels of water are to be released imd the government agencies tasked to 
implement pre-emptive evacuation and to effectively conduct relief operations, evaluate 
all the facts and circumstances of the same, and submit its findings and recommendation 
to the President, the Congress, and other appropriate authorities not later that six (6) 
months from the effectivity of this Act; 
(b) Receive, review and evaluate the evidence adduced and to this end, summon 
witnesses, administer oaths, 'take testimony, or receive evidence relevant to the 
investigation, and to issue subpoena ad testificandum or subpoena dnces tecum to 
produce documents, books, records and other papers; 
(c) Recommend a rehabilitation plan to replace and repair the infrastructure, both public 
and private, that has been damaged, ruined and destroyed by tropical storm Ondoy and 
typhoon Pepeng; 
(d) Turn over to the appropriate prosecutori~l authorities all evidence involving any 
person when in the course of its investigation, the Commission finds that there is 


reasonable ground to believe that he/she appeal'S to be liable for any criminal offense in 
connection with said disasters and calamities due to tropical storm Ondoy and typhoon 
Pepeng. and; 
(e) Exercise such other acts incident to or are appropriate and necessary in connection 
with the objectives of this Act. 
Section 2. Bar Against Court Injunction; Exception, 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. 
Section 3. Composition, Qualification and Salary. - The Commission shall be composed of a 
Chairman and four (4) members who shall be appointed by the President. The Chairman and 
members shall be citizens of the Philippines, at least thiiiy-five (35) years of age, and have an 
established reputation for integrity, honesty, probity and professional competence: They shall 
receive the same salary as the Chairman and members, respectively, of the Constitutional 
Commission. 
Section 4. Tenure and Turn Over of Records. - The Commission is hereby given six (6) months 
from the effectivity of this Act to attain the objectives set forth herein. Two (2) months after the 
lapse of said period, the Commission shall be functus officio, and shall turn over all its records, 
assets and properties to the Depaltment of Justice. 
Section 5. Orderly Conduct of Proceedings. - The Commission shall adopt rules alld procedures 
for orderly conduct of its investigation, proceeding and hearing, including the presentation of 
evidence. The rules of evidence under the Revised Rules of Court shall have suppletory 
application. 
Section 6. Conduct of Hearings. - Proceedings and hearings of the Commission, sitting en banc, 
shall be open to the public. The Commission may, motu proprio or upon request of the person 
testifying, hold an executive or closed-door hearing w!J.ere matters of national security or public 
safety are involved or the personal safety of the witness warrants the holding of such executive 
or closed-door hearing. The Commission shall prescribe the rules to govern such executive or 
closed-door hearings, 
Any person called to testify before the Commission shall have the right to counsel at any stage of 
the proceedings. 
Section 7. Right Against Self-Incrimination; Protection of Witness. - No person shall be 
excused from attending and testifying or from producing documents, books, records, 
correspondence, or other evidence in obedience to a subpoena issued by the Commission on the 
ground that his testimony or other evidence required of him may tend to incriminate him or 
subject him to penalty or forfeiture. After having invoked his right against self-incrimination, his 
testimony or any evidence produced by him shall not be used against him in any proceedings, 
except for pmjury committed in so testifying. 
The Commission shall protect any person called to testify by providing the necessary alld 
reasonable security arrangements with the assistance and cooperation of the Armed Forces of the 
Philippines alld other appropriate government agencies. 
Section 8. Immunity from Criminal Prosecution. - The Commission is authorized to grant 
immunity £i'om criminal prosecution to any person who provides information or testifies in any 
investigation conducted by it where, upon its evaluation, such information or testimony is 
necessary and vital to the investigation. The immunity thereby granted shall continue to protect 
the witness who repeats such testimony before the appropriate court when required to do so by 
the latter. Should he refuse to repeat such testimony, the immunity granted him shall cease. 
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Section 9. Direct or Indirect Contempt. - The Commission may hold any person in direct or 
indirect contempt, and impose appropriate penalties therefor. 
A person guilty of misbehavior in the presence of or so near the Commission as to obstruct or 
interrupt the proceedings before the same, including disrespect towards its officials, offensive 
personalities towards other, or refusal to be sworn or to answer as a witness or to subscribe to an 
affidavit or deposition when lawfully required to do so,. may be summarily adjudged in direct 
contempt by the Commission and punished with a fine not exceeding Five thousand pesos 
(P5,000.00) or imprisonment not exceeding thirty (30) days or both. The judgment of the 
Commission on direct contempt shall be final and not appealable. 
Indirect contempt shall be dealt by the Commission in the manner prescribed under Rule 71 of 
the Revised Rules of Court. 
Section 10. Personnel of the Commission. - The ChaifB.laJl shall have the power to engage the 
services of such persons or personnel including a Commission Counsel, Deputy Commission 
Counsel(s) or such other officials as may be required for the effective performance of its 
functions and responsibilities, to fix their duties and compensation, to organize the structure and 
staffing pattern of the Commission; and to authorize the payment of honoraria and/or allowance 
for deputized officers and officials subject to the pertinent accounting and auditing rules and 
procedures. The persons, appointed, designated, deputized or contracted by the Commission 
shall be subject to the Civil Service Law, rules and regulations. 
Section 11. Promulgation of Rules and Regulations; Publication of Rules and Reports. - The 
Commission shall have the power to promulgate its rules and regulations, enter into contracts, 
and perform any and all other acts necessary or incidental to the attairunent of the objectives of 
this Act. 
. 
Commission rules and regulations shall be published in at least two (2) national newspapers of 
general circulation and shall take effect two (2) days after its publication. The final report to the 
President and to Congress shall be published. 
Section 12. Role of Other Government Agencies. -' The Commission may call upon any 
government investigative and prosecutorial agency, including the National Bureau of 
Investigation and the Philippine Constabulary/Integrated National Police, to make available their 
offices, personnel and facilities to attain the objectives of,this Act. 
Section 13. Appropriations. - The sum of Ten million pesos (PIO,OOO,OOO.OO) is hereby 
provided to the Commission, chargeable against the Contingent Fund. The said amount shall 
automatically be· released to the Commission for disbursement by it in accordance with the 
auditing rules and regulations. 
Section 14. Applicable Law in Case of Conflict. - The provisions of this Act shall prevail over 
other laws, acts, executive orders, administrative orders, issuances, rules and regulations or parts 
thereof, of the Revised Rules of Court as regards the subj ect matter of this Act. 
Section 15. Separability Clause. - If any provision of this Act is declared unconstitutional, the 
same shall not affect the validity and effectivity of the other provisions hereof. 
Section 16. Effectivity. - This Act shall take effect two (2) days following its publication in at 
least two (2) national newspapers of general circulation .. 
Approved, 
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