SIXTEENTH CONGRESS ) ie
REPUBLIC OF THE PHILIPPINES ) LO MAR-20H4
First Regular Session ) TNE: 7s

HOUSE OF REPRESENTATIVES

Representative Rufus B. Rodriquez

House Bill No. 4244

EXPLANATORY NOTE

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
se 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 billis earnestly sought.

nnn Kove JR.

RUFYS B/RODRI es


SIXTEENTH CONGRESS 3
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. 424 4

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
2014.”

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 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

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.

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 faclitation of people's participation in the peace
process.

c) 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 intemal 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 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
unexpired term of the predecessor.

d) 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

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

2. 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;

4, 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. 116 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. 14. 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,