Truth Commission Primer

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The Philippine

Of 2010

Truth CommissionTruth CommissionTruth CommissionTruth Commission

Introductory Primer


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THE PHILIPPINE TRUTH COMMISSION OF 2010PAGE 2


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PAGE 3

Table of Contents

i. Foreword 4

I. Truth Commissions in General 5

II. The Philippine Truth Commission of 2010 8

III. Rules of Procedure 13

IV. Reports and Recommendations 15

V. Organization of the Commission 16

VI. Contact Address

VII. References


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I. Truth Commissionsin General

1.1.1.1. Q: What are truth commissions?Q: What are truth commissions?Q: What are truth commissions?Q: What are truth commissions?

A:A:A:A: Truth commissions are official bodies set up to investigate and

report on a pattern of abuses by a previous regime or govern-ment. In responding to past abuses, a State in transition from

one government to another faces a difficult tension between the

desire to bury the past to avoid provoking the anger of powerfulwrongdoers, and the ethical and political demand to confront thecrimes they have committed. Truth commissions seek to make

such wrongdoers accountable and bring them to justice.

2.2.2.2. Q: What are the basic aims of truth commissions?Q: What are the basic aims of truth commissions?Q: What are the basic aims of truth commissions?Q: What are the basic aims of truth commissions?

A:A:A:A: Truth commissions may have any or all of the following basicaims:

To discover, clarify, and formally acknowledge past abuses;

To respond to specific needs and interests of victims;

To contribute to justice and accountability;

To outline institutional responsibility and recommend re-

forms; and

To promote reconciliation and reduce conflict over the past.

3.3.3.3. Q: What are the characteristics of truth commissions?Q: What are the characteristics of truth commissions?Q: What are the characteristics of truth commissions?Q: What are the characteristics of truth commissions?

A:A:A:A: Truth commissions share the following characteristics:

They focus on the past;

They investigate a pattern of abuses over a period of time,rather than a specific event;

They are temporary in nature, and complete their work upon

the submission of a report; and

They are officially sanctioned, authorized or empowered by

the state.


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II. The Philippine

Truth Commission of

2010

1.1.1.1. Q: What is the official name of the truth commission set up in theQ: What is the official name of the truth commission set up in theQ: What is the official name of the truth commission set up in theQ: What is the official name of the truth commission set up in thePhilippines?Philippines?Philippines?Philippines?

A:A:A:A: The Philippine Truth Commission of 2010 (Commission).

2.2.2.2. Q: How and when was the Commission created?Q: How and when was the Commission created?Q: How and when was the Commission created?Q: How and when was the Commission created?

A:A:A:A: It was created pursuant to Executive Order No. 1, promulgated

His Excellency President Benigno Simeon C. Aquino III, on July 30,2010.

3.3.3.3. Q: What is the basis for its creation?Q: What is the basis for its creation?Q: What is the basis for its creation?Q: What is the basis for its creation?

A:A:A:A: Its creation is based on the Revised Administrative Code of the

Philippines (E.O 292) which gives the President the continuing

authority to reorganize the Office of the President.

4.4.4.4. Q: Why was it created?Q: Why was it created?Q: Why was it created?Q: Why was it created?

A:A:A:A: It was created to find out the truth about reports of large scale

graft and corruption in the previous administration, to put a clo-sure to them by the filing of the appropriate cases against those

who were involved, to deter others from committing such crimes,and to restore the peoples faith and confidence in the Govern-

ment and in their public servants.

5.5.5.5. Q: How different is the Commission from other truth commissionsQ: How different is the Commission from other truth commissionsQ: How different is the Commission from other truth commissionsQ: How different is the Commission from other truth commissions

around the world?around the world?around the world?around the world?

A:A:A:A: The primary focus of The Philippine Truth Commission of 2010is on graft and corruption, while other truth commissions have

focused on gross violations of human rights. This makes theCommission unique to the Philippines, and may be the only one

of its kind in the world today.


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1.1.1.1. Q: What is the nature of the Commission as a body?Q: What is the nature of the Commission as a body?Q: What is the nature of the Commission as a body?Q: What is the nature of the Commission as a body?

A:A:A:A: The Commission is essentially a fact-finding and investigative

body. The scope of its work and the term of its existence are de-fined in Executive Order No. 1.

2.2.2.2. Q: What is the composition of the Commission?Q: What is the composition of the Commission?Q: What is the composition of the Commission?Q: What is the composition of the Commission?

A:A:A:A: The Commission is composed of a Chairman and four (4) Mem-

bers. They will act as an independent collegial body.

3.3.3.3. Q: Who are the members of the Commission?Q: Who are the members of the Commission?Q: Who are the members of the Commission?Q: Who are the members of the Commission?

A:A:A:A: The members of the Commission are:

HILARIO G. DAVIDE, JR.HILARIO G. DAVIDE, JR.HILARIO G. DAVIDE, JR.HILARIO G. DAVIDE, JR. ---- ChairmanChairmanChairmanChairmanChief Justice, Supreme Court of the Philippines (ret.),

1998-2005.

Permanent Representative to the United Nations, New

York, 2007-2010 (31 March).Member, Constitutional Convention of 1971 and Consti-

tutional Commission of 1986.Chairman, COMELEC, 1988-1990, and Fact-Finding

Commission, R.A. 6832, 1990.2002 Ramon Magsaysay Awardee for Government Ser-

vice.

FLERIDA RUTH P. ROMEROFLERIDA RUTH P. ROMEROFLERIDA RUTH P. ROMEROFLERIDA RUTH P. ROMERO ---- MemberMemberMemberMemberSenior Associate Justice, Supreme Court of the Philip-

pines (ret.), 1991-1999.

Special Assistant to President Corazon C. Aquino, 1986-

1991.Secretary-General, Constitutional Commission of 1986.Professor of Law, University of the Philippines, 1964-

1985; Director, U.P. Law Center, 1979-1985.TOFIL Award in Justice/Law, December 13, 2000; First

TOWNS Awardee in the Field of Law, June 20, 1974.

ROMEO J. CALLEJO, SR.ROMEO J. CALLEJO, SR.ROMEO J. CALLEJO, SR.ROMEO J. CALLEJO, SR. ---- MemberMemberMemberMemberSenior Associate Justice, Supreme Court of the Philip-

pines (ret.), 2002-2007.


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Chairman, Committee on Bar Examinations, 2005.

Awardee, Cayetano Arellano Award for Judicial Excel-lence, 1996.

Member, Panel created by the Supreme Court to investi-gate certain Justices of the Court of Appeals.

Former Professorial Lecturer in Criminal Law at the UPLaw Center and the Philippine Judicial Academy;

former Professor of Law and Pre-Bar Reviewer inCriminal Law and Remedial Law (Far Eastern Univer-

sity, San Beda College and Ateneo de Manila Univer-sity).

CARLOS P. MEDINA, JR.CARLOS P. MEDINA, JR.CARLOS P. MEDINA, JR.CARLOS P. MEDINA, JR. ---- MemberMemberMemberMemberProfessor of Law, Ateneo de Manila University, 1990-

present.

Executive Director, Ateneo Human Rights Center, 1989-present.

Co-Convenor, Legal Network for Truthful Elections

(LENTE), 2007-present.

Secretary-General, Working Group for an ASEAN HumanRights Mechanism, 1996-present.

Chairperson, GRP Monitoring Committee of the JointMonitoring Committee (OPAPP) under the CARHRIHL

between GRP and CPP-NPA-NDFP, 2004-2006.

MENARDO I. GUEVARRAMENARDO I. GUEVARRAMENARDO I. GUEVARRAMENARDO I. GUEVARRA ---- MemberMemberMemberMemberProfessor of Law, Ateneo de Manila University.

Senior Partner, Law Firm of Medialdea Ata BelloGuevarra and Suarez, 1990-present.

Senior Associate, Ponce Enrile Cayetano Bautista Picazo

and Reyes Law Offices, 1986-1990.

Legal Staff, Constitutional Commission of 1986.Economist, Central Bank of the Philippines, 1983-1986; NEDA,1977-1983.

4.4.4.4. Q: When is the deadline for the Commission to finish its work?Q: When is the deadline for the Commission to finish its work?Q: When is the deadline for the Commission to finish its work?Q: When is the deadline for the Commission to finish its work?

AAAA: The Commission has 29 months from its creation, i.e., until

December 31, 2012, within which to finish its work.


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5.5.5.5. Q: Can the Commission seek assistance from other agencies inQ: Can the Commission seek assistance from other agencies inQ: Can the Commission seek assistance from other agencies inQ: Can the Commission seek assistance from other agencies in

the conduct of its work?the conduct of its work?the conduct of its work?the conduct of its work?

A:A:A:A: Yes. It may call upon any government investigative or prose-cutorial agency, like the PNP, DOJ or NBI, for help in the perform-

ance of its functions.

6.6.6.6. Q: Can the Commission hire experts?Q: Can the Commission hire experts?Q: Can the Commission hire experts?Q: Can the Commission hire experts?

A:A:A:A: Yes. It may engage or contract the services of resource per-sons, professionals and other personnel as it may deem neces-

sary to carry out its work.

1.1.1.1. Q: What rules of procedure will govern the proceedings beforeQ: What rules of procedure will govern the proceedings beforeQ: What rules of procedure will govern the proceedings beforeQ: What rules of procedure will govern the proceedings beforethe Commission?the Commission?the Commission?the Commission?

A:A:A:A: The Commission is empowered to promulgate its own Rules of

Procedure to govern its proceedings. On September 20, 2010,the Commission, by its Resolution No. 001, adopted its Rules of

Procedure. The Rules were published in two newspapers of gen-eral circulation on September 29, 2010 and took effect five (5)

days later, i.e., on October 4, 2010.

2.2.2.2. Q: How can cases be brought before the Commission for inquiryQ: How can cases be brought before the Commission for inquiryQ: How can cases be brought before the Commission for inquiryQ: How can cases be brought before the Commission for inquiry

or investigation?or investigation?or investigation?or investigation?

A:A:A:A: Cases may be brought before the Commission for inquiry orinvestigation in any of the following ways:

Submission of reports or information by various depart-

ments, agencies or instrumentalities of the Government,

including government-owned or controlled corporations,

upon their initiative or upon request of the Commission;

III. Rules of

Procedures


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Research, Evaluation and Publication DivisionResearch, Evaluation and Publication DivisionResearch, Evaluation and Publication DivisionResearch, Evaluation and Publication Division responsible

for research, evaluation and publication programs.

Public Inquiry and External Relations DivisionPublic Inquiry and External Relations DivisionPublic Inquiry and External Relations DivisionPublic Inquiry and External Relations Division responsible

for truth-seeking strategies, liaison work, and public informa-tion.

2.2.2.2. Q: Has the Commission started working?Q: Has the Commission started working?Q: Has the Commission started working?Q: Has the Commission started working?

A:A:A:A: Yes. The Chairman and Members of the Commission took

their oath of office on September 13, 2010 before the President

and immediately held their first meeting the following day. TheCommission has been meeting regularly ever since and has

promulgated more than 20 resolutions to date.

1.1.1.1. Q: Where is the office of the Commission located?Q: Where is the office of the Commission located?Q: Where is the office of the Commission located?Q: Where is the office of the Commission located?

AAAA: The Commissions office is located at: Philippine International

Convention Center (PICC), CCP Complex, Roxas Boulevard, 1307Pasay City, Metro Manila, Philippines.

2.2.2.2. Q: What are the contact details of the Commission?Q: What are the contact details of the Commission?Q: What are the contact details of the Commission?Q: What are the contact details of the Commission?

AAAA: The Commission may be reached or contacted at the following:

Mobile Numbers:Mobile Numbers:Mobile Numbers:Mobile Numbers: +63.916.554.5925/+63.918.459.3501

EEEE----mail address:mail address:mail address:mail address: [email protected];[email protected]

Blog:siteBlog:siteBlog:siteBlog:site http://rptruthcomm2010.wordpress.com/Twitter:Twitter:Twitter:Twitter: @RPtruthcomm2010

Telephone landline numbers, fax numbers and a website address

will be provided in the near future.

VI. Contact

Address


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3.3.3.3. Q: How can the Commission be contacted or reached by peopleQ: How can the Commission be contacted or reached by peopleQ: How can the Commission be contacted or reached by peopleQ: How can the Commission be contacted or reached by peopleoutside Metro Manila?outside Metro Manila?outside Metro Manila?outside Metro Manila?

AAAA: People in the provinces may also contact the Commission

through the internet or through the local offices of the Depart-

ment of Justice.

Priscilla B. Hayner, Unspeakable Truths (facing the challenge oftruth commissions), Routledge, 2001.

Executive Order No. 1 Creating The Philippine Truth Commissionof 2010.

Resolution Nos. 001, 004 and 005 of The Philippine Truth Com-mission of 2010.

United Nations Convention Against Corruption, 2003. Signed bythe Philippines on December 9, 2003 and ratified by the Philippine

Senate on November 8, 2006.

VI. Contact

Address

VI. References


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Almighty God, we stand in Your Holy

Presence as our Supreme Judge. We

humbly beseech You to bless and inspire us.

Grant us wisdom and discernment to

choose the true from the false and the rightfrom the wrong that Christ the Truth may

be made manifest through us.

Arm us with the Sword of Righteousness that

we

may pursue the Truth where it leads with

faith and courage.

Shield us from evil, ill-will and temptation.

Enlighten our minds and strengthen our

Spirit that we may serve as Your instrument

to illumine the dark corners of our society.

Fill our hearts with love, wisdom and

understanding that we may realize that we

are one with You and with every other.

Guides us now in the Path of Righteousness

so that what we think, say and do will be in

accordance with Your will. Amen

PRAYER OF

THE PHILIPPINE TRUTH COMMISSION OF

2010


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The Philippine Truth

Commission of 2010

Philippine International

Convention Center (PICC), CCP

Complex, Roxas Boulevard, 1307

Pasay City, Metro Manila,

Mobile Numbers:Mobile Numbers:Mobile Numbers:Mobile Numbers:+63.916.554.5925/+63.918.459.3501

EEEE----mail address:mail address:mail address:mail address:[email protected]; [email protected]

Blog:siteBlog:siteBlog:siteBlog:site

thephilippinetruthcommission2010.wordpress.com

Twitter:Twitter:Twitter:Twitter:@RPtruthcomm2010

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Truth Commission Primer