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REPUBLIC OF THE PHILIPPINES

THE CONSTITUTIONAL COMMISSION OF 1986
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PROCEEDINGS AND DEBATES
VOLUME ONE
Prepared by the Editorial/Publication Unit

under the supervision of
Hon. FLERIDA RUTH P. ROMERO
Secretary-General
CECILIA MUNOZ PALMA
President
The Constitutional Commission of 1986
President of the Philippines CotmtanCT''

addressing the Inaugural Session of The
tutional Commission of 1986, presided
Vice-President Salvador //. Laurel.
1
QUEZON CITY, METRO MANILA
Itccorb of tl|c otnmtooion

(ffonotitutionol (ff
HON. CECILIA MUNOZ PALMA

President
HON. AMBROSIO B. PADILLA

Vice-President
HON. NAPOLEON G. RAMA

Floor Leader
HON. JOSE D. CALDERON HON. AHMAD DOMOCAO ALONTO

Asst. Floor Leader Asst. Floor Leader
HON. FLERIDA RUTH P. ROMERO HON. ROBERTO M. SAN ANDRES

Secretary- Gen eral Sergean t-A t-Arms
Hon. Yusup R. Abubakar Hon. Teodulo C. Natividad

Hon. Ahmad Domocao Alonto Hon. Ma. Teresa F. Nieva
Hon. Felicitas S. Aquino Hon. Jose N. Nolledo . ^
Hon. Adolfo S. Azcuna Hon. Bias F. Ople

Hon. Teodoro C. Bacani Hon. Ambrosio B. Padilla
Hon. Jose F.S. Bengzon, Jr. Hon. Cecilia Mufioz Palma
Hon. Ponciano L. Bennagen Hon. Minda Luz M. Quesada
Hon. Joaquin G. Bernas Hon. Napoleon G. Rama
Hon. Florangel Rosario Braid Hon. Florenz D. Regalado
Hon. Lino O. Brocka Hon. Rustico F. de los Reyes, Jr.
Hon. Jose D. Calderon Hon. Cirilo A. Rigos
Hon. Crispino M. de Castro Hon. Francisco A. Rodrigo
Hon. Jose C. Colay co Hon. Ricardo J. Romulo
Hon. Roberto R. Concepcion Hon. Decoroso R. Rosales
Hon. Hilario G. Davide, Jr. Hon. Rene V. Sarmiento
Hon. Vicente B. Foz Hon.' Jose E. Suarez
Hon. Edmundo G. Garcia Hon. Lorenzo M. Sumulong
Hon. Jose Luis Martin C. Gascon Hon. Jaime S.L. Tadeo
Hon. Serafin V.C. Guingona Hon. Christine Tan
Hon. Alberto M.K. Jamir Hon. Gregorio J. Tingson
Hon. Jose B. Laurel, Jr. Hon. Efrain B. Trefias
Hon. Eulogio R. Lerum Hon. Lugum L. Uka
Hon. Regalado E. Maambong Hon. Wilfrido V. Villacorta
Hon. Christian S. Monsod Hon. Bernardo M. Villegas
EDITORIAL STAFF
PABLO P. LIWANAG
Chief, Editorial!Publication
Editor in Chief
HEIDI M. PASCUAL
Supervising Editor
Editors
Avelina M. Atanacio
Ma. Priscila O. Palmiano
Herminia N. Saet
Loma P. Manarang
Josefina T. Tamayo
Editorial Assistants
Milagros G. Kagaoan
Ligaya M. Cinco
Joseph Zeus A. Luna
Teresita L. Cordial
Ma. Lina Marciana C.T. Nario
Remedios S. Esquivias
Indexers
Hamtig Fe B. Evanglista Preciosa I. Perez

Angeles S.
Typists
Conchita A. Aquino Lydia Abad Malig

Yolanda A. Bacero
Rhodora L. Pagayon
ROBERTO P. NAZARENO
Technical Assistant for Operations
FLERIDA RUTH P. ROMERO

Secretary-General
Table of Contents
Plenary Sessions
Pages
R.C.C. No. 1 (June 2,1986) 1
R.C.C. No. 2 (June 3,1986) 11

R.C.C. No. 3 (June 4,1986) 35
R.C.C. No. 4 (June 5,1986) 59
R.C.C. No. 5 (June 6,1986) 69
R.C.C. No. 6 (June 9,1986) 73
R.C.C. No. 7 (June 10, 1986) 85
R.C.C. No. 8 (June 11, 1986) Ill
R.C.C. No. 9 (June 13, 1986) 141
R.C.C. No. 10 (June 16, 1986) 145
R.C.C. No. 11 (June 17, 1986) 157
R.C.C. No. 12 (June 18, 1986) 173
R.C.C. No. 13 (June 19, 1986) 179
R.C.C. No. 14 (June 20, 1986) 193
R.C.C. No. 15 (June 23, 1986) 197
R.C.C.No. 16 (June 24, 1986) 211
R.C.C. No. 17 (June 25, 1986) 219
R.C.C. No. 18 (June 26, 1986) 237
R.C.C. No. 19 (June 27, 1986) 257
R.C.C. No. 20 (June 30, 1986) 263
R.C.C. No. 21 (July 1,1986) 281
R.C.C. No. 22 (July 2,1986) 301
R.C.C. No. 23 (July 3,1986) 315
R.C.C. No. 24 (July 7,1986) 335
R.C.C. No. 25 (July 8,1986) 357
R.C.C. No. 26 (July 9,1986) 383
R.C.C. No. 27 (July 10, 1986) 421
R.C.C. No. 28 (July 1 1, 1986)
449
R.C.C. No. 29 (July 14, 1986) 471
R.C.C. No. 30 (July 15, 1986) 527
R.C.C. No. 31 (July 16, 1986) 599
R.C.C. No. 32 (July 17, 1986) 667
R.C.C. No. 33 (July 18, 1986) 719
Appendices
Rules of the Constitutional Commission of 1986 781
. Committee Report No. 1 on the Preamble

to the Constitution 788
at King Abdulaziz University, Jeddah,

Kingdom of Saudi Arabia, on May 12, 1981 789
Joint Working Draft on the Bill of Rights 794
Proposed resolutions approved on Third Reading 797

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R.C.C. NO. 1
Monday, June 2, 1986
with the entry tion of 1935 as its quote: “My

temporary Chairman, I
At 10:01 a.m., the processional began
Members of the Constitu duty today is simply to preside over this to enable body
into the Session Hall of the
it to elect a permanent Presiding Officer or President of
tional Commission of 1986.
this body.”
Sergeant-at-Arms
Then, preceded by the Acting
Philippines But before we proceed, I would like to state for the
bearing the Mace, the Vice-President of the
Acting ecre record that the Members of the Constitutional Com-
entered the Session Hall followed by the
mission now present here were all chosen by President
tary-General of the Commission.
Corazon C. Aquino for their “probity, independence of
and the
The honor guards carrying the National mind, nationalism and patriotism.” While their probity,
the ession
Constitutional Commission colors entered independence of mind and nationalism are yet to be re-
Hall. affirmed, I believe that they have already demonstrated
a glimpse of their patriotism by agreeing — I repeat, by
OPENING OF SESSION agreeing — not to run for any elective office in the first
At 10:05 Vice-President, the Honorable local and national elections to be held under the Consti-
a.m., the
Salvador H. Laurel, opened the session. tution and by agreeing not to accept any appointment
to any government position while the Commission is in
virtue of the powers
THE VICE-PRESIDENT. By session and for at least one year after the completion of
vested in me under Proclamation No^9, \ their work.
of the Constitutional
Com-
open this Inaugural Session only earn for them the necessary
self-denial can
Such
mission of 1 986. so essential to the writing of a
initial credibility that is
would
this Inaugural Session,
I
For the purpose of constitution. The writing of a constitution, truly re-
at a preliminary
meeting of the ideals and aspirations of our
like to announce that flective of the sentiments,
Members of the Constitutional Commission a few days of this generation. It
people, is the most important task
ago, the following were elected: is a task that will place our nation,
long derailed by 14
Acting Floor years of martial misrule, back on the tracks of constitu-
The Honorable Napoleon G. Rama as
Leader. (Applause) tionaldemocracy, which is the key to political stability

D. Calderon as Acting
Assistant and economic recovery. Everything that will take place
The Honorable Jose Commission will be important.
in this Constitutional
Floor Leader. (Applause)
Acting Every word uttered during its deliberations may later be
The Honorable Ahmad Domocao Alonto
as
cited to bring out the true intention and
spirit of a
Assistant Floor Leader. (Applause) disputed word or phrase.

Ruth Pineda Romero as Acting
Professor Flerida For this reason, the entire proceedings will not only
Secretary-General. (Applause) be recorded; it will be broadcast live by radio and tele-
Sergeant-
Attorney Roberto M. San Andres as Acting vision. And not the entire world,
so the entire nation, if
at-Arms. (Applause) will be watching, aware that the constitution being
As temporary Chairman ot this Constitutional Com fashioned will be the constitution of the future, the
the constitution of our children and grandchildren. In the
mission, my duty is simple and brief. Borrowing
who, 51 language of a great jurist, the constitution that you will
words of my late father. Dr. Jose P. Laurel,
fashion will be henceforth binding on both rulers and
years ago, also presided over the Constitutional Conven-
2 MONDAY, JUNE 2, 1986
people, equally in war and in peace, and it will cover and of the whole nation of Filipino men and women,
with the shield of its protection all classes of men at all a constitution that binds all Filipinos together as Your
times and under all circumstances. sons and daughters,
a constitution that preserves and perfects the state of our
To the Members of the Constitutional Commission
Filipino culture
who are here now, and whom I would like to refer to as . . .
- — let us that recognizes and respects our sense of Filipino values

patriots to the patriots now here assembled
. . .
that defines and directs our set of religious traditions,

now bow our heads in prayer as we ask the Good Lord
a constitution that serves the common good and shares it
to enlighten your minds so that you may pour out into
equitably with the common tao,
the writing of our fundamental law the noblest thoughts
of love and justice and peace,
a constitution that builds bridges
of our valiant race.
and breaks down walls of self-seeking and image-building,
a constitution that helps make the Philippines a more beautiful
NATIONAL ANTHEM place to live in
THE VICE-PRESIDENT. Everybody will please reas it makes the Filipinos a better people to live in it,
main standing to sing the Philippine National Anthem. a people with a better chance to survive
and a chance to survive better.
Everybody remained standing to sing the National
Anthem. This, we know, is a tail order
that iswhy we call to You, 0 God,
THE VICE-PRESIDENT. Please remain standing for and count on You.
the invocation, which will be ecumenical, to be led by We trust that You will not fail us now
the Rev. Cirilo Rigos of the Protestant Church, His as You have never failed us before.
Eminence, Ricardo Cardinal Vidal of the Roman
And so,
Catholic Church, Dean Adriel O. Meimban of the Iglesia we thank You in advance
ni Cristo, Bishop Sotero Mitra and Dean Abdul Raffih for this one blessing we obviously need
Sayedy of the Islamic faith.
even as we thank You
for the countless blessings
INVOCATION that we have received from Your bounty,
through Christ, our Lord. Amen.
CARDINAL VIDAL. The Lord be with you. Let us
pray:
ROLL CALL
God, our Father
We, the sovereign Filipino people, THE VICE-PRESIDENT. Please be seated.
stand in Your presence to pray. The Acting Secretary-General will call the roll.
We pray especially and exclusively
for each and for all of the THE ACTING SECRETARY-GENERAL, reading:
fifty distinguished Members of the
Constitutional Commission of 1986.
Abubakar . . . . Monsod Present
These fifty Filipino men and women, Alonto Natividad . . . .
Present
these fifty national, regional and sectoral representatives Aquino . Present Nieva .
Present
of the more than fifty million Filipinos, Azcuna Nolledo Present
have solemnly sworn to faithfully and conscientiously Bacani Ople Present
fulfill their duties, Bengzon PadlQa .
Present
and each one of them has prayed “So help me God.” Bennagen . . . . . Present Munoz Pabua . .
Present
Bernas Quesada Present
As we watch them begin “to hasten the return of
normal constitutional government,”
Rosario Braid . . . Present Rama Present
Brocka Regalado Present
we pray to You, 0 God, to help them. . . . . .
Calderon Reyes de los . .

Present
We firmly believe that without Your help,
Castro de . . . . Rigos Present
they shall find it extremely difficult
Colayco Rodrigo Present
to draft a fundamental law that is
Concepcion . . . . Present Romulo Present
“truly reflective of the ideals and aspirations Davide Rosales Present
of the Filipino people” Foz Present
Sarmiento . . . .
because we, the Filipuio people, are Your people Garcia Present
SiiarP7 .
whom You love and who love You. Gascon Present

Sumulong . . . . .
after day Guingona Present Tadeo Present

As they go to work day . . . . .
work within the period Jamir Present Tan Present

endeavor to complete their
.
as they
Laurel . Present Tingson . Present
provided by law
frame a constitution for our land, Lerum Present Trehas Present
help them, 0 God, to . . .
promotes the good of every FUipino Maambong . . . . Present Uka .

Present
a constitution that
MONDAY,] UNE 2, 1986 3
Villacorta Present Villegas Present RESUMPTION OF SESSION

At 10:25 a.m., the session was resumed.
Mr. Vice-President, the roll call shows 48 Members
responded to the call. No one is absent.
THE VICE-PRESIDENT. The session is resumed.
THE VICE-PRESIDENT. The Chair declares the

THE ACTING SECRETARY-GENERAL. Ladies and
presence of a quorum.
Gentlemen, Her Excellency, the President of the Repub-
lic of the Philippines, Corazon C. Aquino. (Applause)
OATH-TAKING OF CON-COM MEMBERS THE VICE-PRESIDENT. The Acting Floor Leader is
Members now rise recognized.

THE VICE-PRESIDENT. Will the
and take their oath of office. (All the Members rose.)
MR. RAMA. The Constitutional Commission is now
Please raise your right hand and repeat after me. ready to hear the message of Her Excellency, the Presi-
dent of the Philippines. (Applause)
PANUNUMPA SA KATUNGKULAN
THE VICE-PRESIDENT. Ladies and Gentlemen, the
Ako, si r*g President of the Republic of the Philippines, Her Ex-
na hinirang sa katungkulan bilang ay cellency, Corazon C. Aquino. (Applause)
taimtim na nanunumpa na tutuparin ko nang buong husay
at katapatan, sa abot ng aking kakayalian, ang mga tungku-
ADDRESS OF THE PRESIDENT
lin ng aking kasalukuyang katungkulan at ng mga iba pang
pagkaraan nito’y gagampanan ko sa ilalun ng Republika ng THE PRESIDENT. Thank you.
Pilipinas; na aking itataguyod at ipagtatanggol ang umiiral
Vice-President Laurel, Chief Justice Teehankee,
na Saligang Batas ng Pilipinas; na tunay na mananalig at
ko ang mga batas, mga kautu-
Members of the Diplomatic Corps, Members of the
tatalima ako rito; na susundin
Cabinet, Dean Adriel O. Meimban, Bishop Sotero Mitra.
sang legal, at mga dekretong pinaiiral ng mga sadyang
Rev. Cirilo Rigos, Dean Abdul Raffih Sayedy and His
itinakdang maykapangyarihan ng Republika ng Pilipinas; at
Eminence, Ricardo Cardinal Vidal, Commissioners of
kusa kong babalikatin ang pananagutang ito, nang walang
the Constitution, distinguished guests, ladies and gentle-
ano mang pasubali o hangaring umiwas.
men;
Kasihan Nawa Ako ng Diyos.
You are here today vested with the full authority and
Congratulations. (Applause) the complete independence to write our country’s new
constitution. Nobody, not even I, your President, can
The Acting Floor Leader is recognized.
interfere with or overrule you in this great task. Our
MR. RAMA. Mr. Vice-President, I move that a Com- nation has placed its trust in you. Do not let it down.
mittee of Five be appointed to notify Her Excellency, I you today only to honor your beginning. What
join
the President of the Philippines, that the Constitutional happens from here on is a matter for you and you alone.
Commission has convened and that it is ready to receive Today, apart from wishing you well and saying that
her message. the hopes and prayers of our nation are with you, I
want to make only two points. The first is, please be
THE VICE-PRESIDENT. Is there any objection? quick. Nobody can impose a deadline on your delibera-
(Silence) The Chair hears none; the Chair, therefore, ap- tions but you know that our whole nation is eager for a
points the following to constitute the Committee of new constitution and the subsequent elections as soon
Five: The Honorable Jose Luis Martin C. Gascon, rep- as possible. The people expect a constitutional draft
resenting the youth; the Honorable Sister Christine A. within three months for their sovereign acceptance or
Tan, representing Metro Manila; the Honorable Ahmad rejection. So eager are they to have, in the shortest time
Domocao Alonto, representing Mindanao; and the possible, a full-blown democratic republic.
Honorable Crispino M. de Castro, representing Luzon. Second, please limit yourselves to your constitutional
As members of the Committee, you will notify the mission. Your task is to design a constitution that will
President that the Constitutional Commission is now provide for a new legislature, not to do that legislature’s
ready to receive Her Excellency’s message. work for it. That is for the people’s elected representa-
tives to do.
SUSPENSION OF SESSION You must define and protect our individual freedoms
and rights; you must decide how our
different institu-
THE VICE-PRESIDENT. In the meantime, the tions of state will relate to each other. Do not be dis-
session is suspended. tracted by political debates and matters of policy that
It was 10:22 a.m. do not belong within your constitution-making exer-
cise. You are here, appointed by the people’s wish, Will the non-Members of the Constitutional Com-
to write a constitution; you are here not as elected mission please clear the hall so that the Constitutional
politicians. Commission can now proceed with its first order of
Bear in mind that you
be pondering, debating
shall
business.
and writing a constitution not only for our contempora- The table is now open for nomination for President
ries with their present concerns but also for succeeding who will also be the Presiding Officer of this Consti-
generations of Filipinos whose first concerns we cannot tutional Commission.
presume tobeforehand. Future Filipinos must
know The Acting Floor Leader is recognized.
always be free to decide how to address these concerns
as they arise. Even the wisest cures for present maladies MR. RAMA. Mr. Vice-President, I move that we
should not be imposed on succeeding generations that suspend the session for 30 minutes so that we can go
will have their own unique problems and priorities.
into a caucus.
True and long-lived constitutions, a wise justice has
told me, should be broad enough to be able to meet THE VICE-PRESIDENT. May I know the purpose of
every exigency we cannot foretell, and enough
specific the caucus?
to stoutly protect the essentials of a true democracy; in
short, open-ended documents that will always be MR. RAMA. The purpose of the caucus is to narrow
relevant. Remember that constitutional changes are not down any issues or conflicts regarding the election of
safe or easy to come by. Our first attempt at consti- the President and expedite the election of the President
tutional revision was followed by a dictatorship. And of the Constitutional Commission.
this, our second endeavor, was preceded by a revolution.
Future Filipinos and their legislatures and supreme

THE VICE-PRESIDENT. Is there any objection?
courts can best assess and address the challenges they The Gentleman from Mindanao is recognized.
will meet, if they enjoy the widest latitude of thought
and action. In writing a constitution, have the fullest MR. ABUBAKAR. I would like to inquire from the
confidence that the wisdom of our race has not ex- Acting Floor Leader if the caucus is for the whole
hausted itself in us. Our race has grown in wisdom over membership or for a limited group. Who will attend the
time. I believe it will continue to do so. caucus?
Yours indeed no easy task. On the other hand,

is
MR. RAMA. The caucus will be composed of all the
depending on the result, yours will be no small glory.
Members of the Constitutional Commission for pur-
Our people have suffered much. I hope we shall always
poses of defining certain rules and regulations.
concern ourselves with the needs of our people.
Thank you and Godspeed. (Applause) THE VICE-PRESIDENT. Will Acting Floor
the
Leader indicate the room in which we will hold the
SUSPENSION OF SESSION caucus?
THE VICE-PRESIDENT. The Acting Floor Leader is MR. RAMA. I think the Secretariat will indicate
what
recognized. room exactly.
MR. RAMA. I move that the session be suspended. THE ACTING SECRETARY-GENERAL. The lounge
is ready to receive the Members. over there. Snacks
It is
THE VICE-PRESIDENT. The Chair declares a sus- will be served.
pension of the session.
It was 10:33 a.m. MR. ABUBAKAR. Where will the caucus be, in the
same hall where we are now?
RESUMPTION OF SESSION
At 10:42
THE ACTING SECRETARY-GENERAL. No, in the
a.m., the session was resumed.
lounge, please; it is over there. You will pass this
way
(pointing).
the VICE-PRESIDENT. The session is resumed.
a
Will the Members of the Constitutional Commission MR. ABUBAKAR. Mr. Vice-President, it is about
please return to their respective seats because we will quarter to eleven now. Usually a caucus lasts about two,
now go into the main purpose of this Inaugural Session, three, or four hours — I do not know how long.
How
and that is, to comply with Section IX, Paragraph 3 of would the Chair limit the caucus this afternoon?
Proclamation No. 9 which requires the election of the
President and Presiding Officer of the Constitutional THE VICE-PRESIDENT. May I know how many
Commission. It is mandated to be the first order of minutes’ suspension the Acting Floor Leader is asking
business. for?
MONDAY, JUNE 2, 1986 5
MR. RAMA. It might be necessary to suspend the the Divine Providence, under her able and inspiring
session for an hour. leadership and through the efforts of the Members of
this Commission, we could endeavor to write a consti-
THE VICE-PRESIDENT. Is there any objection fora tution which would establish in this country a political
one-hour suspension? community which the members would enjoy, in the
in
words of Dr. Jose P. Laurel, “bread and freedom, .
MR. ABUBAKAR. No objection, Mr. Vice-President. security and liberty for all."
Thank you, Mr. Vice-President. (Applause)

SUSPENSION OF SESSION
THE VICE-PRESIDENT. The Acting Floor Leader is
THE VICE-PRESIDENT. There being no objection, recognized.
the session is suspended.
It 10:45 a.m. MR. RAMA. Mr. Vice-President, I move that Com-
missioner Alonto be recognized to second the nomina-
RESUMPTION OF SESSION tion.
At 12:10 p.m., the session was resumed. THE VICE-PRESIDENT. Commissioner Ahmad
Domocao Alonto is recognized.
THE VICE-PRESIDENT. The session is resumed.
MR. ALONTO. Mr. Vice-President, this Representa-
ELECTION OF PRESIDENT tion and those of my time have the, honor and the
pleasure to second the nomination of the distinguished
THE VICE-PRESIDENT. Pursuant to Paragraph 3, lady parliamentarian, justice and executive. Commis-
Section 9 of Proclamation No. 9, tlie election of the sioner Cecilia Munoz Palma. (Applause)
President of the Constitutional Commission shall be the
first order of business. THE VICE-PRESIDENT. The Acting Floor Leader is
The table is now open for nominations for President recognized.

who will be the Presiding Officer of this Constitutional
Commission. MR. RAMA. Mr. Vice-President, it appears that there
are no more nominations forthcoming from the floor.
Therefore, I move that the nomination be closed.
MR. RAMA. Mr. Vice-President, 1 move that Com- THE VICE-PRESIDENT. Is there any objection to
missioner Guingona be recognized to make a nomina- the motion to close the nomination? (Silence) The
tion.
Chair hears none; the motion is approved. (Applause)
THE VICE-PRESIDENT. Commissioner Serafin V.C. MR. RAMA. Mr. Vice-President.

Guingona is recognized.
THE VICE-PRESIDENT. The Acting Floor Leader is
NOMINATION SPEECH recognized.
OF COMMISSIONER GUINGONA
MR. RAMA. I move that Commissioner Davide be
MR. GUINGONA. Thank you, Mr. Vice-President. recognized.
I am aware that we are working under a time con-
straint. To us, time is of the essence. Because of this, THE VICE-PRESIDENT. Commissioner Hilario G,
and because the person whom I propose to nominate is Davide, Jr. is recognized.
one whose outstanding qualifications are already known
to all of us, I shall, Mr. Vice-President, make my MR. DAVIDE. Mr. Vice-President, I move that the
nomination brief by saying that it is my distinct honor nomination of Commissioner Munoz Palma be con-
and privilege to nominate the Honorable Cecilia Munoz sidered and declared unanimous.
Palma, bar topnotcher. one who has ably occupied
responsible positions in the three departments of our THE VICE-PRESIDENT. Is there any objection to
government — the e.xecutive, the legislative and the the motion? (Silence) The Chair hears none: the motion
judicial — one who has had the distinction of having is approved. (Applause)
been appointed the first woman prosecutor, the first The Honorable Cecilia Munoz Palma is hereby de-
woman district judge, and the first woman Justice of the clared unanimously elected President of the Constitu-
Supreme Court in this country, a respected parliamen- tional Commission of 1986. (Applause)
tarian and a dedicated civic leader, to the presidency of
the 1986 Constitutional Commission. With the aid of MR. RAMA. Mr. Vice-President.
THE VICE-PRESIDENT. The Acting Floor Leader is THE VICE-PRESIDENT. And may I also turn over
recognized. to you These are the seven volumes
these seven volumes.
which my when he was with
father personally collected
MR. RAMA. I move that a Committee of Three be the Constitutional Convention of 1935. These are
appointed to escort the President of the Constitutional originally in twenty-two volumes of manuscripts which,
Commission to the rostrum. after six years, I was able to edit and make into a more
compact set of seven volumes. I am also personally
THE VICE-PRESIDENT. The Chair appoints the turning these seven volumes over to the President of the
Honorable Yusup R. Abubakar, Ma. Teresa F. Nieva, Constitutional Commission of 1986 so that they may be
and Jose F.S. Bengzon, Jr. to constitute a Committee of used as reference by the Constitutional Commission.
Three to personally escort the new and unanimously With these. Madam President, I wish you Godspeed and
elected President of the Philippine Constitutional Com- God’s light.
mission of 1986 to the rostrum so she may take her
oath. (Applause)
THE PRESIDENT. Thank you, Mr. Vice-President.
The members of the family of the President of the hereby
In behalf of the Constitutional Commission, I
Constitutional Commission are requested to kindly
accept these seven volumes presented to us by the
come forward and witness the oath-taking of the new
honorable Vice-President Salvador H. Laurel with the
President.
confidence that we will make good use of these books,
I repeat, will the members of
the family of the which will surely be very useful in our deliberations.
Honorable President of the Constitutional Commission ( Applause)
please come up to the rostrum to personally witness
the oath-taking and the turnover. THE VICE-PRESIDENT. Thank you.
OATH-TAKING OF THE PRESIDENT ACCEPTANCE SPEECH OF THE PRESIDENT

At Commissioner Cecilia Munoz Palma,
this juncture. MRS. MUNOZ PALMA. Honorable Vice-President
escorted by the Committee of Three and members of Salvador H. Laurel, distinguished Members of the
her family, ascended the rostrum and took her oath of Constitutional Commission of 1986 of the Republic of
office as President of the Constitutional Commission the Philippines, honored guests, my countrymen:
of 1986 before the Vice-President of the Philippines,
From the Book of Psalms of the Old Testament, it is
the Honorable Salvador H. Laurel.
written that “every good gift comes from above” and
“all that the Lord wills. He does in Heaven and on
PANUNUMPA SA KATUNGKULAN Earth.”
Ako, si Cecilia Munoz Palma ng Bauan, Batangas, na The honor and responsibility bestowed upon me so
hinirang sa katungkulan bilang Presidente, Constitutional kindly by the distinguished Members of the Constitu-
tional Commission of 1986 is a rare gift from
the
Commission, ay taimtim na nanunumpa na tutuparin ko
nang buong husay at katapatan, sa abot ng aking kakaya- Almighty Who plans and rules the destinies of men an
nations. In all humility, I accept with deep gratitude
the
han, ang mga tungkulin ng aking kasalukuyang katungku-
lan at ng mga iba pang pagkaraan nito’y gagampanan ko sa Presidency of the Constitutional Commission create
under Proclamation No. 9 of President Corazon
•
ilalim ng Republika ng Pilipinas; na aking itataguyod at

ipagtatanggol ang umiiral na Saligang Batas ng Pilipinas; na Aquino, as a gift from the Filipino people who fin
tunay na mananalig at tataUma ako rito; na susundin ko ang themselves in the threshold of a new era of liberation
after more than a decade of authoritarian rule and
are
mga batas, mga kautusang legal, at mga dekretong pinaiiral
now seeking to regain once more the purity of the ideals
ng mga sadyang itinakdang maykapangyarihan ng Repub-
lika ng Pilipinas; at kusa kong babalikatin ang pananagutang of the Filipino soul and of the Filipino nation.
ito, nang walang ano mang pasubali o hangaring umiwas. a
accept the presidency of this august body as
I
Kasihan Nawa Ako ng Diyos. testimony to the cause of truth, justice and freedom
which broke the shackles of bondage and brought us
o
THE VICE-PRESIDENT. this assembly, assigned with the task of picking up
an
Congratulations and God
bless you. (Applause) sorting out the broken pieces of our shattered democra
cy and creating a structure of government under a
basic
Madam President of the Philippine Constitutional
fundamental law which will govern the life and destiny
Commission of 1986, I now formally turn over this
of the Filipino people not only for today and tomorrow
gavel to your safe and competent hands with the full
but hopefully for all ages to come.
confidence of the Filipino people.
While conscious of my inadequacy and unworthiness
THE PRESIDENT. Thank you. Mr. Vice-President. as there are more able and worthy Members who can
( Applause) head this Commission, I nonetheless accept and receive
the mantle of responsibility, emboldened by the founded on truth and love for the Creator of life and for
thought that I have the inspiration and guidance of the one’s fellowmen.
men and women composing this Commission who, after In the Holy Bible it is written, and I quote:
all, will be the architects to build the new Philippine
government for the new Philippine State.
A house built on rock will remain firm and indestructi-
ble when the rains blow and the floods
fall, the winds
True it is that the Members of the Constitutional come; but when a house is built on sand and the rains fall,
Commission come from different walks of life and ages tire winds blow, and the floods come; that house will be
and are of diverse creeds and social, economic and swept away and be ruined.
political persuasions, but it is this diversity that ensures
the formulation of a document where traditional princi-
On day, when we have taken our oath to serve
this
in this Constitutional Commission, let us pledge to
ples of democracy, handed down by the Malolos Consti-
ourselves and to the Filipino people that in the spirit
tution, the Philippine Constitution of 1935 and the
of unity, wisdom and self-sacrifice we shall create a
Constitution of 1973, will be enriched by new concepts,
Constitution founded on the solid rock of equality,
born from the social complexities and changes of the
justice, liberty and peace, reminding our people, how-
times and strengthened by a recapture ot our values for
ever, that it is the people themselves who have the final
truth, justice and morality, and glorified by our love for
responsibility to give life to the words written in their
country and faith in the Divine.
Constitution. The people have
to live by the Constitu-
The Constitutional Commission assumes its tasks in tion, defend with their lives, if necessary, in order that
it
the midst of clouds of doubt and mistrust generated their Constitution will be an impregnable bulwark of
principally from its appointive character and the alleged their libert ies.
inadequacy of representation of all sectors of society in Again, my colleagues, from the bottom of my heart, I
its composition. While we are aware of laws and imper-
thank you for the mandate you have given this humble
fections, we the Members of the Commission none- Member, coworker and friend. (Applause)
theless accepted the trust and mission given to us by our
new President who holds in her hands the mandate of MR. RAMA. Madam President.
the people, because we see in the creation of this body a
vital and crucial step in the attainment of a permanent THE PRESIDENT. The Acting Floor Leader is
social, economic and political stability and normaliza- recognized.

tion for the nation. We are here to contribute our
talents and expertise, and whatever we may lack in SUSPENSION OF SESSION
wisdom and experience, we compensate with our that we suspend the session
MR. RAMA. I move
unquestioned love and loyalty to the Filipino people
until two o’clock this afternoon after our lunch and
and the generations and generations of Filipinos to
caucus.
come.
We pledge that in our work we shall not be obsessed THE PRESIDENT. Is there any objection?
and controlled by our own personal ideas, biases and (Silence) The Chair hears none; the session is sus-
inclinations but that we shall labor together with open pended.

minds and hearts motivated by one consuming desire— It was 12:33 p.m.
to establish a just and humane society and create a free
people in the international community of free nations. RESUMPTION OF SESSION
Iremember what our national hero, Jose Rizal, once At 4:48 p.m., the session was resumed with the
wrote when his family and friends were urging him to President, Honorable Cecilia Munoz Palma, presiding.
escape from Dapitan and he refused, and 1 quote; “1
have no reason to say that God has abandoned me. Let THE PRESIDENT. The session is resumed.
us ever do our duty. Let Him (God) do the rest.” The Acting Floor Leader is recognized.
Yes, my friends, let us do our duty with dedication,

ELECTION OF VICE-PRESIDENT
giving our utmost to attain the highest ideals for our
people and let the Almighty do the rest. MR. RAMA. Madam President, may call on Com- I
missioner de los Reyes to make a nomination.

Let me close with this revelation: that our people
throughout the country in their respective churches NOMINATION SPEECH
and homes are storming the heavens with their prayers OF COMMISSIONER DE LOS REYES
for the success of the Constitutional Commission, that
it may draft a basic law that serves the good of all the THE PRESIDENT. Commissioner Rustico de los
Filipino people, preserves its territorial integrity, Reyes is recognized.

respects human dignity and protects basic human rights
and freedoms, gives justice to all that no one may be MR. DE LOS REYES. Madam President, the man I
exploited or trampled upon, and builds a nation am going to nominate is a bar topnotcher, super athlete.
author of several law books, three-time Senator, tutional Commission, ay taimtim na nanunumpa na tutu-
seasoned parliamentarian and statesman. I think he is parin ko nang buong husayat katapatan, sa abot ng aking
overqualified for the position of vice-president. kakayahan, ang mga tungkulin ng aking kasalukuyang
It is a distinct honor and privilege to nominate my katungkulan at ng mga iba pang pagkaraan nito’y gagampa-
professor in criminal law and civil law, who gave me nan ko sa ilalim ng Republika ng Pilipinas; na aking itata-
good grades incidentally. Commissioner Ambrosio guyod at ipagtatanggol ang umiiral na Saligang Batas ng
Padilla. Pilipinas; na tunay na mananalig at tatalima ako rito; na
susundin ko ang batas, mga kautusang legal, at mga
mga
THE PRESIDENT. Commissioner Ambrosio Padilla mga sadyang itinakdang maykapang-
dekretong pinaiiral ng
has been nominated. yarihan ng Republika ng Pilipinas; at kusa kong babalikatin
ang pananagutang ito, nang walang ano mang pasubali o
MR. RAMA. Madam President, I move that Com- hangaring umiwas.
missioner Alonto be recognized to second the nom-
ination. Kasihan Nawa Ako ng Diyos. (Applause)
THE PRESIDENT. Commissioner Alonto is rec- MR. PADILLA. May I say a few words?
ognized.
THE PRESIDENT. Yes, of course. The Vice-President
MR. ALONTO. Madam President, for purposes of will address the body.
registering the unanimity of this Constitutional Com-
mission, I move that the nomination be closed. ACCEPTANCE SPEECH OF THE VICE-PRESIDENT
THE PRESIDENT. It has been moved that the
nomination for the Office of Vice-President of the MR. PADILLA. My dear Members of this Constitu-
Constitutional Commission be closed. tional Commission:
Does the Chair hear any objection to the motion to I amdeeply grateful for this elevation to the high
close the nomination? ( Silence)
position of Vice-President of this Constitutional Com-
mission. I am grateful to all those who have been
MR. RAMA. The nomination is closed. responsible for this, for their generosity in awarding me
this high position — not only to the Members who
THE PRESIDENT. Excuse me, I do not get it. Is nominated me but to all, and particularly to Com-
Commissioner Abubakar objecting to the motion be- missioner Francisco Rodrigo who generously yielded to
cause I asked, if there is any objection, and Com- me during the session. I am very grateful to all of you,
missioner Abubakar raised his hand? my dear friends.
So, there being no objection to the motion to close We are entrusted with this difficult, delicate and far-
the nomination for Vice-President, the Chair declares reaching task of formulating a new, permanent Consti-
Commissioner Ambrosio Padilla the duly elected Vice- tution of the Republic of the Philippines that will em-
President of the Constitutional Commission. (Applause) body the ideals, aspirations, dreams and traditions of
our sovereign Filipino people. I am certain that with
MR. RAMA. Madam President,
the I move that God’s divine guidance and grace, with your full coopera-
tion and the leadership of our President, we will not,
as
Vice-President be allowed to say a few words to the
Constitutional Commission. we cannot afford to, disappoint our sovereign people in
this task of formulating our Constitution,
not only for
THE PRESIDENT. can we appoint this generation but for many generations to come, that
First, a com-
mittee to escort Vice-President Ambrosio will ensure popular democracy with the blessings of
Padilla to
the rostrum to take his oath as Vice-President? truth justice and freedom so that we, our country and
peace, political stability
The Honorable Teodoro Bacani, Jose Colayco and our people, may enjoy lasting
Ma. Teresa Nieva will please escort
the Vice-President.
and economic prosperity.
Thank you very much. (Applause)
OATH-TAKING OF THE VICE-PRESIDENT
MR. RAMA. Madam President.
At this juncture,
Commissioner Ambrosio B. Padilla,
escorted by the Committee Floor Leader
of Three, ascended the THE PRESIDENT. The Acting is
rostrum and took his oath of office as Vice-President
of recognized.
the Constitutional Commission of 1986
before the
President, the Honorable Cecilia Munoz Palma.
MR. RAMA. ask that Commissioner
1
Davide be
recognized rer.arding the next item.
panunumpa sa katungkulan
Ako, si Ambrosio Padilla ng Maynila at Pangasinan, na THE PRESIDENT. Commissioner Davide is rec-
hinirang sa katungkulan bilang Bise-Presidente ng Consti- ognized.
MR. DA VIDE. I understand that the next item in the MR. RAMA. Madam President.
agenda the election of the Floor Leader and the As-
is
sistant Floor Leader. I move for a deferment of the elec- THE PRESIDENT. The Acting Floor Leader is rec-
tion of both the Floor Leader and the Assistant Floor ognized.
Leader such time as the Commission shall have
until
decided on the issue of the Steering Committee. In the MR. RAMA. I move that the election of the Sergeant-
meantime, I move that the Acting Floor Leader and at-Arms be considered as by acclamation.
Acting Assistant Floor Leader be allowed to continue to
serve as such until the election of the permanent Floor THE PRESIDENT. The table is open for nomination
Leader and Assistant Floor Leader pursuant to any dis- for Sergeant-at-Arms.
position on the issue of the Steering Committee.
MR. RAMA. May I ask. Madam President, that
THE PRESIDENT. Is there any objection? Commissioner Bengzon be recognized.
MR. BENGZON. I second the motion. THE PRESIDENT. Commissioner Bengzon is rec-
ognized.
THE PRESIDENT. The motion is seconded.
MR. BENGZON. Madam President, I have the honor
Is there any objection to the motion as seconded? San Andres as Sergeant-at-Arms.
to nominate Atty.
(Silence) The Chair hears none; the motion is approved.
THE PRESIDENT. Mr. San Andres is nominated for

Sergeant-at-Arms of the Constitutional Commission.
THE PRESIDENT. The Acting Floor Leader is

MR. RAMA. May I ask that Commissioner Rosales be
recognized.
recognized.
MR. RAMA. I move that the table be opened for THE PRESIDENT. Commissioner Rosales is rec-
nomination for the Secretary-General and the Sergeant- ognized.
at-Arms.
MR. ROSALES. Madam President, I move that the
THE PRESIDENT. The table is open for nomination nomination be closed.
for the Office of the Secretary-General.
THE PRESIDENT. Is there any objection to the

MR. RAMA. I ask that Commissioner Quesada be
motion to close the nomination for Sergeant-at-Arms?
recognized.
The Chair hears none; the motion is approved.
(Silence)
{Applause)
THE PRESIDENT. Commissioner Minda Luz
Mr. San Andres is elected Sergeant-at-Arms of this
Quesada is recognized.
body.
MS. QUESADA. Madam President, I have the honor MR. RAMA. As to the next item. Madam President, I
to nominate Madam Flerida Ruth Romero as Secretary- ask that Commissioner Monsod be recognized.
General of the 1986 Constitutional Commission.
THE PRESIDENT. Commissioner Monsod is rec-
MR. RAMA. Madam President, may I ask that Com- ognized.
missioner Romulo be recognized.
MR. MONSOD. Madam President, I would like to

THE PRESIDENT. Commissioner Romulo is rec-
move that the formal organization of the committees be
ognized. deferred until we shall have determined such commit-
tees, the scope of their responsibilities and the number
MR. ROMULO. I move, Madam President, that the
of the members that shall compose them.
nomination be closed.
(Several Members seconded the motion.) THE PRESIDENT. Is there any objection to the
motion that No. 3 in the agenda. Organization of the
THE PRESIDENT. The motion is seconded. Committees, be deferred? (Silence) The Chair hears
none; the motion is approved.
Is there any objection to the motion to close the
nomination for Secretary-General? (Silence) The Chair
hears none; the motion is approved. (Applause)
MR. RAMA. Madam President, there is a special
item here which is not written in the agenda.
Professor Flerida Ruth P. Romero is elected Secreta-
ry-General of this body. May I ask that Commissioner Jamir be recognized.
THE PRESIDENT. Commissioner Jamir is rec- services in opening session of the Constitutional
this
ognized. Commission? (Silence) The Chair hears none; tlie
motion is approved.
MR. JAMIR. Madam President, I move that the Com-
mission pass a resolution of thanks to the Honorable
Salvador H. Laurel, Vice-President of the Philippines, ADJOURNMENT OF SESSION
for his services during the caucus and today’s session of
MR. RAMA. Madam President. I move that the
this Commission.
session be adjourned until tomorrow at three o’clock in
the afternoon.
ALL MEMBERS. I second the motion.
THE PRESIDENT. The motion is seconded. THE PRESIDENT. Is there any objection? (Silence)
The Chair hears none; the session is adjourned until
Is there any objection to the motion that a resolution
tomorrow at three o’clock in the afternoon. (Applause
of thanks be drafted, prepared and transmitted to Vice-
President Salvador H. Laurel for his cooperation and It was 5:07 p.m.
TUESDAY, JUNE 3, 1986 11
R.C.C. NO. 2
T uesday, June 3, 1986
Present Regalado Present

OPENING OF SESSION Davide
Foz Present Reyes de los ... Present
At 3:17 the President, the Honorable Cecilia
p.m., Garcia Present* Rigos Present
Munoz Palma, opened the session. Gascon Present Rodrigo Present
Guingona Present Romulo Present
THE PRESIDENT. The session is called to order. Jamir Present Rosales Present
Present Sarmiento Present
Everybody will please rise for the Prayer to be led Laurel
Present* Suarez Present
by the Honorable Gregorio J. Tingson. Lerum
.... Present Sumulong Present
Maambong
Everybody rose for the Prayer. Present Tadeo Present
Monsod
F*resent Tan Present
Natividad
MR. TINGSON. Let us pray. Present Tingson Present
Nieva
Trenas Present
Nolledo Present
PRAYER Ople Present Uka Present
Villacorta Present
Present*
Our Omnipotent and loving Heavenly Father, we are Padilla
ViUegas Present
Quesada Present
faced with the awesome task of writing the fundamental
Rama Present
law of our country, so destitute, so deprived and so
discouraged. We confess that we, who have been man-
The President is present.
dated to accomplish this work, are so weak and devoid
The roll call shows 44 Members responded to the call.
of knowledge and understanding.
Help us, we beseech Thee, to understand the real presence of
THE PRESIDENT. The Chair declares the
needs of our people; that perhaps we do not need more
a quorum.
material opulence but spiritual fulfillment; more com-
passion for the weak aikl the poor among us; and to
realize that righteousness exalts the nation but sin is a
reproach to any people.

THE PRESIDENT. Yes, the Acting Floor Leader is
Thank you, dear Lord, for giving us this enviable
participants, not mere passive
recognized.
honor and privilege to be
this Constitution,
a
spectators, in building, through
Philippines honored by man, blessed by God and a
MR. RAMA. I ask that Commissioner Davide be
great hope for generations to come. recognized.
the
This is our heartfelt praise and petition through
matchless name of Jesus Christ, Our Lord, Amen. THE PRESIDENT. Commissioner Davide is recog-
nized.
ROLL CALL
would like to present a couple of
will call MR. DAVIDE. I
the PRESIDENT. The Secretary-General parliamentary inquiries. I the Provisional
notice in
the roll. session must begin
Rules we have adopted that every
prayer.
with the National Anthem, followed by a
the SECRETARY-GENERAL, reading:
Present
second parliamentary inquiry. Madam President,
The
Abubakar Present Bernas and the
. . . . .
Present is: yesterday, we elected the Secretary-General

Alonto Present Rosario Braid . . .
they did not take
Sergeant-at-Arms, but we notice that
. . . . . .
Brockd Present
Aquino . . . . . . . Present
their oath of office on the same day. So,
may I move for
Calderon Present
Azeuna Present before the
an amendment to the Order of Business that
. . . . . . .
Present Castro de Present

Bacani of the Com-
. . .
referral to committees the two officers

Colayco Present
Bengzon . . . .. . . Present
Concepcion .... Present mission take their oath of office.
Bennagen . . ., . . Present
*Appeared after the roU call

12 TUESDAY, JUNE 3, 1986
THE PRESIDENT. Thank you. MR. RAMA. Madam President.

With respect to the first question regarding the sing-
ing of the National Anthem, may we refer to the
THE PRESIDENT. Yes, the Acting Floor Leader is
recognized.
Minutes of the caucus — whether the amendment pre-
sented by the Honorable Tingson also carried the singing
of the National Anthem everyday or only during the
MR. RAMA. I move for the reading and approval of
the Journal of yesterday’s session.
first session day of the week.
The Minutes of yesterday’s caucus are not yet THE PRESIDENT. Is there any objection?
finished,but the Secretariat recalls that the motion of
Mr. Bengzon is recognized.
the Honorable Tingson referred only to the Prayer
everyday, not to the singing of the National Anthem be-
cause the rule, as is, refers to the singing of the National
MR. BENGZON. Madam President, this afternoon we
have received this Journal No. 1. May I invite the atten-
Anthem during the first session day of the week.
tion of my colleagues to page 9, the portion with
With respect to the second question, may we request respect to the approval of the Provisional Rules of the
the Secretary-General and the Sergeant-at-Arms to take
Commission, which is Appendix No. 1. On page 1, line
their oath of office now.
6, of the Provisional Rules, there is a conflict between
At this juncture, the Secretary-General and the what was approved or provisionally adopted and what
Sergeant-at-Arms ascended the rostrum and took their has been appended. Under the Rules that has been
oath of office before the President of the Constitutional provisionally adopted, there are supposed to be three
Commission. Assistant Floor Leaders to be elected. The understand-
ing we had yesterday was that this would be left as it is
OATH-TAKING OF THE SECRETARY-GENERAL until after a discussion by the Steering Committee will
PANUNUMPA SA KATUNGKULAN have been finished.
Ako, si Flerida Ruth P. Romero ng Maynila, na hinirang So, there is either a typographical error or a mistake
sa katungkulan bilang Secretary-General ng 1986 Constitu- by the Secretariat in mimeographing Appendix No. 1.
I, therefore, would like to raise that point, and I object
tional Commission ay taimtim na nanunumpa na tutuparin
at katapatan, sa abot ng aking kakaya-
to the motion to approve the Journal.
ko nang buong husay
han, ang mga tungkulin ng aking kasalukuyang katungkulan
at ng mga iba pang pagkaraan nito’y gagampanan ko sa THE PRESIDENT. the Chair’s understanding
Is it
ilalim ng Republika ng Pilipinas; na aking itataguyod at that Mr. Bengzon is presenting a motion to amend the
ipagtatanggol ang umiiral na Saligang Batas ng Pilipinas; Journal as prepared? We will have the Journal read first
na tunay na mananaUg at tataUma ako rito ; na susundin ko after which we can present motions to amend or correct
ang mga batas, mga kautusang legal, at mga dekretong pina- it.
iiral ng mga sadyang itinakdang maykapangyarihan ng

Republika ng Pilipinas; at kusa kong babalikatin ang pana- MR. BENGZON. In that case. Madam President, if it
nagutang ito, nang walang ano mang pasubali o hangaring is not yet the proper time, I am willing to wait. I am just
umiwas. calling the attention of the Chair to this matter.
KASIHAN NAWA ako ng DIYOS. (Applause)

THE PRESIDENT. Thank you very much.
OATH-TAKING OF THE SERGEANT-AT-ARMS MR. DAVIDE. Madam President.

PANUNUMPA SA KATUNGKULAN
Ako, si Roberto M. San Andres ng Quezon City, na
Wnirang sa katungkulan bilang Sergeant-at-Arms ng 1986
THE PRESIDENT. Commissioner Davide is rec-
ognized.
Constitutional Commission ay taimtim na nanunumpa na
tutuparin ko nang buong husay at katapatan, sa abot ng
aking kakayahan, ang
MR. DAVIDE. Madam President, we have already
mga tungkulin ng aking kasalukuyang
been furnished with copies of the Journal. I move to
katungkulan at ng mga iba pang pagkaraan nito’y gagampa-
nan ko dispense with the reading of the Journal.
sa ilalim ng Republika ng Pilipinas; na aking itata-
gnyod at ipagtatanggol ang umiiral na Saligang Batas ng
Pilipinas; na tunay na mananalig at tatalima ako rito; na THE PRESIDENT. there any objection? (Silence)
Is
susundin ko gng mga batas, mga kautusang legal, at mga The Chair hears none; the reading of the Journal is dis-
dekretong p&iaiiral ng mga sadyang itinakdang maykapang- pensed with.
yarihan ng Republika ng Pilipinas; at kusa kong babalikatin The Acting Floor Leader is recognized.
ang pananagutang ito, nang walang ano mang pasubali o
hangaring umiwas.
MR. RAMA. Madam President, I move that we
KASIHAN NAWA AKO NG DIYOS. (Applause) proceed to the Reference of Business.
THE PRESIDENT. We will first take up the point MR. BENGZON. Madam President, will the Secre-
raised by Commissioner Bengzon. tary-General please repeat the last amendment?
THE SECRETARY-GENERAL. The last amendment

MR. BENGZON. Madam President, I move that we
correct page of Appendix No. reads: “The President underscored the full authority
1 1.
GRANTED TO and THE complete independence vested
MR. DAVIDE. in the Constitutional Commission.”
Anterior amendment, Madam Presi-
dent.
MR. BENGZON. I am not an authority on grammar,
but I think it does not sound right.
THE PRESIDENT. Commissioner Davide is rec-
ognized. Actually, this is just a brief sum-
THE PRESIDENT.
mary of the speech of Her Excellency, President
MR. DAVIDE. The anterior amendments are on pages Aquino.
3 and 4.
On page
MR. RODRIGO. Madam President.
under the headings “The National
3, line 3,
Anthem” and “Invocation,” after the word “purpose,” Commissioner Rodrigo is rec-
insert a comma
THE PRESIDENT.
(,), the word NAMELY and a colon (:),
ognized.
then the names of the five religious leaders who de-
livered the invocation.
MR RODRIGO. My observation regarding the inser-
On page 4, second paragraph, under the headin; tion of the words “GRANTED TO” is based not only
substance. Madam President, it
the President,” insert between the word on grammar but on
Body and “gave” authority we have is granted to us
AND THE AUDIENCE. On line 1 might appear that the
correct. Our authority is
“Address of the President,” ad. hv the President, which is not
after the me word “authority"; on reallv derived from the people, and the proclamation by
-
0 . ,, “authority”; ana
and oi lin
think that as the
only incidental. So,
,
I
"" Se President is
“complete ” sentence is worded
now, it is clearer; it cannot be
I move for the misunderstood.

approval of the proposed amendments.
MR. DAVIDE. Madam
President.
THE PRESIDENT. objection to the
any Is there
In order to avoid varying interpre-
amen ments proposed the PRESIDENT.
by Commissioner Davide?
why can we not just leave the address of the
tations,
MR. DE LOS REYES. may we President as it is?
Madam President,
request that the lines,
as corrected, now be read.
We
believe that better, Madam
cannot understand all
these amendments. MR RODRIGO. I is
President.
THE PRESIDENT. The Secretary-General will please
read the particular lines
as amended. MR. DAVIDE. Madam President.
Yes, Mr. Davide recognized.

THE SECRETARY-GENERAL. On the PRESIDENT. is
page 3, the first

paragraph reads: “Thereafter, the National Anthem was DAVIDE. withdraw the proposed
am willing to
MR I
amendments to the heading “Address of the

played, followed by the Invocation led by five religious President.”
I move
for the purpose, NAMELY.
leaders who were invited with the proposal of the Chair,
However in line
reverend CIRILO RIGOS, RICARDO CARDINAL that the’ entire speech of Her Excellency, President
VIDAL, BISHOP ADRIEL O. MEIMBAN, BISHOP Corazon C. Aquino, be incorporated
into the Journal.
SOTERO MITRA, AND PROFESSOR ABDUL
RAFFIH SAYEDY.” THE PRESIDENT. Is there any objection? (Silence)
approved.
On page 4, under the heading “Entry of the
Presi The Chair hears none; the motion is
dent,” the second paragraph should read: The Bo y ‘
MR BENGZON. Madam President, may we now go

AND THE AUDIENCE gave the President a standing 6 of Appendix
ovation.” mv amendment? On page 9, line
1 should be corrected to read: “AND THREE (3)

Under the heading “Address of the President, the 4- Tl'ly.x/''.*. T la O H O T*C
first line should read: “The President underscored the
full authority GRANTED TO and complete inde-
THE THE PRESIDENT. any objection to the Is there
pendence vested the Constitutional Commission.
motion to amend line 6. Rule 1, of Appendix
in No. 1?
(Silence) The Chair hears none; the amendment is
THE PRESIDENT. Is Commissioner de los Reyes
approved.
satisfied?
MR. BENGZON. Madam President, also on page 2, Introduced by Hon. Davide, Jr.
Section 4, line 21, put an S after the word “Leader” to To the Steering Committee.
make it plural; insert THREE (3) between the words
“his” and “Assistants”; thus: “with his THREE Q) Proposed Resolution No. 2, entitled:
Assistant Floor LEADERS.”
RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION A PREAMBLE.
proposed amendment? (Silence) The Chair hears none; Introduced by Hon. Davide, Jr.
the amendment is approved. To the Committee on Preamble, National Territory,

and Declaration of Principles.
MR. BENGZON. propose an omnibus amend-
Also, I
ment to the effect that should there be any other state-

Proposed Resolution No. 3, entitled:
ments in this Appendix No. 1 that refer to this concept,
they should be amended accordingly. RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION AN ARTICLE ON DECLARATION OF PRIN-
THE PRESIDENT. Is there any objection to the pro- CIPLES AND STATE POLICIES.
posed omnibus amendment? (Silence) The Chair hears Introduced by Hon. Davide, Jr.
none; the amendment is approved.
To the Committee on Preamble, National Territory,
MR. BENGZON. Thank you, Madam President.
MR. RAMA. Madam President. Proposed Resolution No. 4, entitled:
THE PRESIDENT. The Acting Floor Leader is rec- RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
ognized.
TUTION AN ARTICLE ON THE BILL OF RIGHTS.
Introduced by Hon. Davide, Jr.
APPROVAL OF JOURNAL
To the Committee on Citizenship, Billof Rights,
MR. RAMA. I move for the approval of the Journal Political Rights and Obligations and Human
of yesterday’s session, as amended. Rights.

approval of Journal of yesterday’s session, as
the
amended? (Silence) The Chair hears none; the Journal, RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
as amended, is approved. TUTION AN ARTICLE ON DUTIES AND OBLIGA-
TIONS OF CITIZENS.
THE PRESIDENT. Yes, the Acting Floor Leader

To theCommittee on Citizenship, Bill of Rights,
Rights and Obligations and Human
is
Political
recognized.
Rights.
MR. RAMA. I move that we proceed to the Refer-
ence of Business. Proposed Resolution No. 6, entitled:
THE PRESIDENT. any objection? (Silence)

there
TUTION AN ARTICLE ON NATIONAL TERRITORY TO
Is
ENSURE THE SOVEREIGNTY OF THE REPUBLIC
The Secretary-General will read the Reference of OVER SABAH AND OVERSEAS RECOGNIZED BY THE
Business.
1982 UNITED NATIONS CONVENTION ON THE LAW
OF THE SEA.
REFERENCE OF BUSINESS Introduced by Hon. Davide, Jr.
The Secretary-General read the following Proposed To the Committee on Preamble, National Territory,
Resolutions on First Reading, Motion and Communica- and Declaration of Principles.
tion, the President making the corresponding references:

PROPOSED RESOLUTIONS ON FIRST READING
Proposed Resolution No. 1, entitled: TUTION AN ARTICLE ON CITIZENSHIP.
resolution urging the commission to first Introduced by Hon. Davide, Jr.
DECIDE ON THE ISSUE OF SYSTEM, TYPE AND To the Committee on Citizenship, Bill of Rights,
FORM OF GOVERNMENT. Political Rights and Obligations and Human Rights.
Proposed Resolution No. 8, entitled: Proposed Resolution No. 13, entitled;

RESOLUTION TO INCORPORATE IN THE NEW CONSTI- RESOLUTION AUTHORIZING THE RECITATION OF A
TUTION AN ARTICLE ON SUFFRAGE. PRAYER AT THE OPENING OF EVERY PLENARY
SESSION, COMMITTEE MEETING, PUBLIC HEARING
AND OTHER DELIBERATIONS OF THE CONSTITU-
To the Committee on Citizenship, Bill of Rights, TIONAL COMMISSION.
Political Rights and Obligations and Human Rights.
Introduced by Hon. Tingson.
Proposed Re.solution No. To the Steering Committee.

9. entitled:

TUTION LIMITATIONS ON THE EXERCISE OF THE Proposed Resolution No. 14, entitled:
AUTHORITY TO PROCLAIM MARTIAL LAW OR SUS- RESOLUTION TO RETAIN THE PROVISIONS OF ARTI-
PEND THE PRIVILEGE OF THE WRIT OF HABEAS CLE X, SECTION 1 (1) OF THE 1973 CONSTITUTION
1
CORPUS BY LIMITING ITS DURATION AND REQUIR- AND TO MAKE THE SAME MANDATORY AND AP-
ING CONCURRENCE BY THE LEGISLATURE, EX- PLICABLE TO CASES PENDING BEFORE THE
PRESSLY VESTING UPON THE SUPREME COURT COURTS.
JURISDICTION TO INQUIRE INTO THE SUFFICIENCY and Maambong.
Introduced by Hon. de los Reyes, Jr.
OF THE BASIS OF SUCH PROCLAMATION OR SUS-
PENSION AND TO SET ASIDE THE SAME IF NO BASIS To the Committee on the Judiciary.
EXISTS, AND GRANTING THE LEGISLATURE THE
AUTHORITY TO REVOKE OR EXTEND A PROCLAMA- Proposed Resolution No. 15, entitled.
TION OR SUSPENSION.
RESOLUTION PROVIDING FOR A CONSTITUTIONAL
Introduced by Hon.
Davide, PROVISION WHICH WILL ASSURE RECOGNITION
OF
Jr.
To REGION, PREVENT ITS FUTURE
the Committee on the Executive. THE CORDILLERA
dismemberment, and for other purposes.
by Hon. de los Reyes, Jr. and
Maambong.
Proposed Resolution Introduced
No. 10, entitled:
To the Committee on Local Governments.
incorporate in THE NEW CONSTI-
rTTTTcxr
PROVISION RESERVING TO FILIPINO
entitled:
WHntn
^ CORPORATIONS OR ASSOCIATIONS Proposed Resolution No. 16,
PITT7C is WHOLLY OWNED BY FILIPINO
resolution to provide for a
new ARTICLE ON
nicD the privilege AND RIGHT TO CONSERVATION.
DISPOSE, explore, DEVELOP, EXPLOIT OR UTILIZE
THE natural resources
OF THE COUNTRY. Introduced by Hon. Azeuna.
Introduced by Hon. To the Committee on the National Economy and
Davide, Jr.
To the Patrimony.
Committee on the National Economy and
Patrimony.
17, entitled:
Proposed Resolution No.
GOVERN-
Proposed Resolution No. resolution to provide for REGIONAL
1
1, entitled:
MENTS.
RESOLUTION TO GIVE HIGHEST PRIORITY TO THE
QUESTION OF WHAT FORM OF GOVERNMENT THE Introduced by Hon. Azeuna.
Governments.
CONSTITUTIONAL COMMISSION WILL ADOPT IN THE To the Committee on Local
PROPOSED NEW CONSTITUTION OF 1986.
Proposed Resolution No. 18,
Introduced by Hon. de los Reyes, entitled:
Jr.
To the Steering Committee. resolution to provide FOR
CONSTITUTIONAL
WRIT OF AMPARO.
Introduced by Hon. Azeuna.
RESOLUTION DECLARING THAT RIVERS, LAKES, BAYS To the Committee on the Judiciary.
AND LAGOONS AND OTHER BODIES OF WATERS
BELONG TO ALL THE PEOPLE AND SHALL BE MAIN-
TAINED AS COMMUNAL FISHING GROUNDS, AND
FOR OTHER PURPOSES. RESOLUTION ON THE ROLE OF FARMERS AND
WORKERS.
Introduced by Hon. Azeuna.
To the Committee on the National Economy and
Patrimony. To the Committee on General Provisions.
Proposed Resolution No. 20, entitled: Proposed Resolution No. 27, entitled:
RESOLUTION TO PROVIDE FOR AUTHENTIC LAND RESOLUTION PROVIDING FOR THE RESOLUTION OF
REFORM. THE SABAH ISSUE IN THE TRANSITORY PROVI-
Introduced by Hon. Azcuna. SIONS.
To the Committee on the National Economy and Introduced by Hon. Nolledo.

Patrimony. To the Committee on Amendments and Transitory
Provisions.
RESOLUTION TO PROVIDE IN THE CONSTITUTION Proposed Resolution No. 28, entitled:
THAT NO TRANSACTION INVOLVING PUBLIC FUNDS
WHETHER OF GOVERNMENT ENTITIES OR GOVERN- RESOLUTION PROVIDING FOR A TRIAL IN ABSENTIA
MENT-OWNED OR CONTROLLED ENTERPRISES OF GOVERNMENT OFFICIALS WHO HAVE MAL-
SHALL BE EXEMPT FROM AUDIT. VERSED PUBLIC FUNDS OR PLUNDERED THE NA-
TIONAL TREASURY.
Introduced by Hon. Nolledo.
To the Committee on Constitutional Commissions
and Agencies. To theCommittee on Citizenship, Bill of Rights,
RESOLUTION WITHDRAWING THE RIGHT OF BALIKBA- Proposed Resolution No. 29, entitled:
YANS WHO HAVE EMBRACED FOREIGN CITIZENSHIP RESOLUTION TO DETERMINE, AT FIRST INSTANCE,
TO ACQUIRE LANDS IN THE PHILIPPINES. THE FORM OF GOVERNMENT TO BE ESTABLISHED.
Introduced by Hon. Nolledo. Introduced by Hon. Suarez, Tadeo and Jamir.
To the Committee on the National Economy and To the Steering Committee.
Patrimony.
Proposed Resolution No. 23, entitled: MOTION

RESOLUTION ESTABLISHING A PRESIDENTIAL FORM URGENT MOTION TO CONSTITUTE THE CONSTITU-
OF GOVERNMENT FOR THE PHILIPPINES WITH TIONAL COMMISSION AS AN AD HOC COMMITTEE
SPECIFIED FEATURES. TO IMMEDIATELY CONDUCT PUBLIC HEARINGS ON
THE FORM OF GOVERNMENT THAT SHOULD BE SET
UP BY THE COMMISSION AND TO DECIDE ON SUCH
To the Committee on the Executive. FORM OF GOVERNMENT WITHIN A SPECIFIED TIME.
Proposed Resolution No. 24, entitled: (Motion No. 1 - Constitutional Commission of 1986)
RESOLUTION MAKING THE PREAMBLE MORE CONCISE Introduced by Hon. Nolledo.
AND EMPHATIC. To the Steering Committee.
To the Committee on Preamble, National Territory, COMMUNICATION

Letter from Mr. Abraham F. Sarmiento, President of the
Proposed Resolution No. 25, entitled: National Alliance for Justice, Freedom and Democracy,
enclosing the original of a petition signed by an initia
RESOLUTION LIMITING OWNERSHIP OF PRIVATE 564 qualified voters asking appropriate action for t e
LANDHOLDINGS.
disqualification of Messrs. Bias F. Ople, Regalado t.
Introduced by Hon. Nolledo. Maambong, Rustico de los Reyes, Teodulo C. Nativi
F.
To the Committee on the National Economy and dad and Alejandro D. Almendras from the Constitu-
Patrimony. tional Commission.
(Communication No. 1 — Constitutional Commission of

1986)
RESOLUTION TO AMEND THE BILL OF RIGHTS BY PRO-
To the Committee on Privileges.
VIDING THAT THERE IS NO DOUBLE JEOPARDY IN
CASE OF MISTRIAL.
introduced by Hon. Nolledo. SUSPENSION OF SESSION
To the Committee on Citizenship. Billof Rights, THE PRESIDENT. The Chair declares a suspension of
Political Rights and Obligations and Human the session.
Rights. It was 3:54 p.m.
RESUMPTION OF SESSION THE PRESIDENT. Yes, the Acting Floor Leader is
recognized.
At 4: 19 p.m., the session was resumed.
MR. RAMA. In view of the fact that the committees
THE PRESIDENT. The session is resumed. are still being formed and we are about to finish the
Business for the Day, and since we are here to undertake

MR. RAMA. Madam President. the early drafting of the Constitution in accordance
with the expectations of the people, I move. Madam
THE PRESIDENT. The Acting Floor Leader is rec- President, that with the unanimous consenf of the body,
ognized. we start discussing the prejudicial issue of the form of
government. This has to be determined first before we
MR. RAMA. 1 ask that Commissioner Bengzon be can proceed to other matters.
recognized.
In the meantime, would ask that the motion filed
I
MR. DE LOS REYES. Madam by Commissioner Nolledo be taken up for considera-

President, I was just
MOTION
tion. This is Motion No. 1, entitled: URGENT
about to make a comment on the letter of Mr. Sar-
miento but I am yielding the floor TO CONSTITUTE THE CONSTITUTIONAL COMMISSION AS
to Commissioner
Bengzon. AN AD HOC COMMITTEE TO IMMEDIATELY CONDUCT
PUBLIC HEARINGS ON THE FORM OF GOVERNMENT
Thank you, Madam President. THAT SHOULD BE SET UP BY THE COMMISSION AND TO
DECIDE ON SUCH FORM OF GOVERNMENT WITHIN A
MR. bengzon. Madam President, before that, may
ask tor a reconsideration
SPECIFIED TIME.
I
of the referral of Proposed
PROVIDING Commissioner Nolledo has informed me that he
thp"dô' entitled: RESOLUTION
would amend the said motion in order to accommodate
OF the SABAH ISSUE IN THE of government.
PROVISIONS. This was committed to the a preliminary discussion on the form
.
Committee on Amendments move that Commissioner Nolledo be

and Transitory Provisions.
May therefore,
I,
I thin It should recognized.

be referred to the Committee on
Preamb e. National Territory, and Declaration of
Principles. MR. DAVIDE. Madam President.
THE PRESIDENT. any objection to the Commissioner Davide is rec-

proposed
Is there THE PRESIDENT.
amendment to refer Proposed Resolution
ognized.
Committee on National Territory?
(Silence) The Chair hears none; amendment is ap-
the
MR. DAVIDE. With due respect to the Acting Floor
proved.
Leader, I move that we take up a resolution, which is
inauguration of the
MR. BENGZON. Madam relevant to yesterday’s event on the
President.
Commission, which, I believe, is of high importance
THE PRESIDENT. before we go into a preliminary discussion on the form
Yes, Commissioner Bengzon is
recognized. of government.
MR. BENGZON. With respect to page 6, the last in THE PRESIDENT. Will Commissioner Davide please
the Order of Business, on the last portion of the com- specify.
munication or letter coming from Mr. Abraham F.
Sarmiento involving some of our colleagues here, I
understand that the President has not even seen a copy MR. DAVIDE. Since the Commission has approved a
resolution of thanks to His Excellency, the Vice-
of this letter. In view of this. Madam President, and would
President of the Republic, this
Representation
since it involves matters which are very delicate as well
like to propose a resolution
expressing the sense of grati-
as the integiity of the Members of this body, I move
Commission
that this statement in the Order of Business for today tude of the Members of the Constitutional
Aquino, foi hei
to Her Excellency, President Corazon
C.
be removed tentatively until the proper time.
the Commis-
trust and confidence in the Members of
appointing them to the body as well as
com-
THE PRESIDENT. Is
there any objection to the sion, in
nationalism
motion to delete tentatively from the Order of Business, mending Her Excellency for her patriotism,
traditions
page 6, the communication referred to? (Silence) The and unwavering adherence to democractic
in pledging noninterference in the work of the Com-
Chair hears none, the motion is approved.
mission, thereby assuring the independence of the
Commission.
MR. BENGZON. Thank you.
MR. RAMA. Madam President. MR. RAMA. I have no objection. Madam President.
THE PRESIDENT. Is there any objection to this reso- MR. RAMA. In view of the fact that we have no
lution just read by our distinguished colleague, the other business to take up because the committees are
Honorable Davide? still being formed, I move that we make use of our time
by discussing the prejudicial issue which is very neces-

FR. BERNAS. Madam President. sary for our work — the nature or form of government
that we must have under the new Constitution. And to
THE PRESIDENT. Yes, Commissioner Bernas is that end, I would like to call on Commissioner Nolledo,
recognized. the movant of the urgent motion, a motion that is
related to the discussion of the form of government we
FR. BERNAS. Not that I doubt the integrity of the must have.
President but I am concerned about the image of the
Commission. Already we are subject to criticism be- THE PRESIDENT. Is there any objection to the
cause of the fact that this is an appointed body and a motion of the Acting Floor Leader?
formal expression of our thanks for what is due us
would seem to indicate a fawning attitude toward the MR. PADILLA. Madam President.
President, and I think it will impair the image of inde-
pendence which the Commission should have. For that THE PRESIDENT. The honorable Vice-President is
reason, I would like to express my preference that the recognized.

resolution of thanks to the President for having given all
that is due the Commission should not be approved. MR. PADILLA. I have no objection to the motion. On
the contrary, would encourage discussion on the form

I
THE PRESIDENT. Is there any other comment? of government to be established, whether it be presiden-
tial or parliamentary. However, I was requesting the
MR. DAVIDE. Madam President. Floor Leader to give me an opportunity to announce to

our Members that at the luncheon meeting of the Philip-
THE PRESIDENT. Commissioner Davide is rec- pine Constitution Association which was attended by
ognized. fellow Commissioners Azeuna,Bengzon, Foz, Guingona
and Regalado, they handed me a copy of their draft of
MR. DAVIDE. I just would like to inquire from the new Constitution. I am forwarding this to the
Commissioner Bernas whether the objection is on the Madam President with the request that the Secretariat
first portion of the resolution. There are two points to be directed to mimeograph additional copies so that
the resolution — one, that of thanks, and the second each Member of this Commission may have a copy of
portion, on commending the President for her pledge of this draft. I submitting to the President the
am now
noninterference and for assuring the independence of papers that were entrusted to me by the PHILCONSA.
the Commission. Thank you. Madam President.
FR. BERNAS. I object to both parts, with all due THE PRESIDENT. Thank you.
respect.
MR. NOLLEDO. Madam President.

THE PRESIDENT. Commissioner Davide, is it possi-
ble for the Secretariat to be given a copy so that we can THE PRESIDENT. We will make of record that we
read the entire resolution because it is not just a ques-
are receiving the folder of the Communication from the
to
tion of deleting a particular portion? If we are given a Vice-President. The Secretary-General is instructed
copy, we can read it and offer some suggestions. Is that make as many copies as necessary for distribution to the
all right? Members of the Constitutional Commission.
MR. DAVIDE. Gladly, Madam President. I will now MR. SUAREZ. Madam President.
turn over two copies of the resolution.
THE PRESIDENT. Commissioner Quesada is rec-
THE PRESIDENT. The Secretariat will please prepare ognized.
copies of this resolution.
MS. QUESADA. Madam President, may I be rec-

Mr. Floor Leader, do we have anything in the next
business? ognized.
I think there was a pending resolution which

was
MR. RAMA. I would like to restate my motion, objected to by Father Bernas but which was not
thrown
Madam President. to the body for any reaction.
THE PRESIDENT. Will the Acting Floor Leader THE PRESIDENT. Not yet, because we are printing
kindly repeat the motion. copies of it so that we will know the exact text of the
resolution. We will take that up as soon as the copies are MR. RAMA. That is why I am asking the President to
ready. ask the body regarding that motion to suspend the
Rules.
MS. QUESADA. All right.
MR. NOLLEDO. Point of inquiry. Madam President.
MR. SUAREZ. Madam President.
THE PRESIDENT. The Honorable Nolledo is rec-
THE PRESIDENT. Commissioner Suarez is recognized.
ognized.
MR. NOLLEDO. I understand I was called upon by
MR. SUAREZ. Will the Acting Floor Leader yield to the Floor Leader to state my urgent motion to consti-
a few clarificatory questions? tute the Commission as an ad hoc committee to imme-
diately conduct public hearings. It seems that I cannot
MR. RAMA. With pleasure. begin my motion because there are many justifiable or
unjustifiable interruptions. What is my status now?
MR. SUAREZ. As I understand it, we are bound by
the Rules of the Commission. Is that correct? THE PRESIDENT. As the Chair understands it, first,
there ismotion to suspend the Rules and consider the

a
MR. RAMA. That is correct. Honorable Nolledo’s urgent motion which has been
referred to a particular committee. But before any
MR. SUAREZ. But at present we are governed only action is taken, we want to find out whether there is
by the Provisional Rules drafted by the Commission. any objection that we suspend the Rules in order to
consider Commissioner Nolledo’s motion for this
MR. RAMA. That is correct. particular afternoon.
MR. SUAREZ. Thank you. MR. NOLLEDO. Thank you.
I also heard the Acting Floor Leader mention a while

ago that we should unanimously suspend the Rules SUSPENSION OF RULES
before we go to the freewheeling discussion on the
matter of the form of government. Did I hear right?
THE PRESIDENT. Is there any objection to suspend
the Rules for purposes of our acting on this particular
MR. RAMA. That is correct. That is the effect of the motion of Commissioner Nolledo before receiving any
unanimous consent of the body. report from the Steering Committee on the same?
MR. SUAREZ. Will the Acting Floor Leader take up
the suggestion that he should file a formal motion to MR. RAMA. Madam President.
suspend the Rules in connection with the freewheeling
discussion on the form of government so that we will be THE PRESIDENT. Yes, the Acting Floor Leader is
free to discuss this without applying rigidly either the recognized.

permanent Rules or the Provisional Rules of the Com-
mission? MR. RAMA. I move that Commissioner Nolledo be
recognized.
MR. RAMA. I am amenable to the suggestion.
MR. NOLLEDO. Thank you, Madam President.
MR. SUAREZ. Thank you.

THE PRESIDENT. Commissioner Nolledo is rec-
MR. RAMA. So, may I request that the President ognized.

have a ruling on my motion for a freewheeling dis-
cussion of the nature of government. DISCUSSION ON THE FORM OF GOVERNMENT

MR. NOLLEDO. Thank you very much.
THE PRESIDENT. Is there any objection?
I not speak for a long time although I am known
will
MR. NOLLEDO. Point of inquiry. Madam President. for that. A copy of the motion was distributed to the
honorable Members of the Constitutional Commission. I
MR. DAVIDE. Objection, Madam President. think the Secretariat has distributed the copies, together
thought that the pending motion is to suspend the
I
with my letter to my colleagues asking for their support.
Rules. We cannot go into a freewheeling discussion until I would like to state that there are similar resolutions
a motion to suspend the Rules shall have been approved filed by the Honorable Davide, Jr., de los Reyes, Jr.,
by the body. Suarez, Tadeo and Jamir. In connection with these
resolutions, I have here in my possession a letter to the SUSPENSION OF SESSION

honorable President of the Constitutional Commission
sent by the Honorable Vicente B. Foz, also asking
THE PRESIDENT. Are there any other comments on
similarly for the consideration of the form of govern-
this motion of the Honorable Nolledo? (Silence)
ment. Commissioner Foz stated here that the drafts of The session is suspended.
the 1935 Constitution and the 1973 Constitution, many
provisions of which are now embodied in the Freedom
It was 4:40 p.m.
Constitution, should be the basis of our discussion. So,
without prejudice to amendments that they may RESUMPTION OF SESSION
present, I would like to state my motion.
At 4:55 p.m., the session was resumed.
I respectfully move before Commission that we
this
constitute ourselves as an ad hoc committee to imme- THE PRESIDENT. The session is resumed.
diately conduct public hearings on what form of govern-
ment this Commission will adopt for the Philippines; MR. RAMA. Madam President.
and have been conducted,
after the public hearings shall
that we should discuss in plenary session the merits of THE PRESIDENT. The Acting Floor Leader is recog-
every proposal submitted from the different sectors of nized.
our society on that form of government and, at the
same time, fix a timetable for the public hearings not MR. RAMA. The parliamentary situation is that there
exceeding six days, the maximum period; and for the is pending motion filed by Commissioner Nolledo
a
discussion in plenary session also for a period not ex- which Commissioner Bengzon would like to amend.
ceeding six days without prejudice to the immediate May I ask that Commissioner Bengzon be recognized.
discussion on the form of government if so minded by
this Commission. That is my motion. THE PRESIDENT. May I clarify this, Mr. Floor
I do not wish to state further the reasons for the Leader.
motion. They are contained in my letter to my col-
When we suspended the session, there was a proposed
leagues and are stated in the urgent motion itself filed
amendment of Commissioner Sarmiento. May we ask
with the Secretariat.
Commissioner Sarmiento, if he is insisting on his amend-
MR. SARMIENTO. Madam President. ment.
THE PRESIDENT. Commissioner Sarmiento is rec- MR. PADILLA. Madam President, I believe the
ognized. situation is that there is a motion by our Acting Floor
Leader for a freewheeling discussion on the form of
MR. SARMIENTO. May I propose an amendment
government. The motion for an ad hoc committee of
to the urgentmotion made by Commissioner Nolledo. I
the entire Commission and for the conduct of public
propose that instead of constituting the Constitutional
hearings is a completely separate and independent
Commission as an ad hoc committee to immediately
motion. I think the parliamentary procedure would be
conduct public hearings, an ad hoc committee, not the
that there be a proposal to amend the motion of the
Constitutional itself, be created to conduct
Commission Acting Floor Leader and for the Acting Floor Leader to
way, we save time and allow the
public hearings. In that
accept or refuse the amendment. We cannot leave the
other committees to attend to the other business.
motion of the Acting Floor Leader pending and attend
to another motion which is sought to be amended. We
THE PRESIDENT. In other words, is it the point of have to go to the prior motion of the Acting Floor
Commissioner Sarmiento that a smaller committee, Leader.
instead of the whole Constitutional Commission, be
constituted and called the ad hoc committee?
MR. NOLLEDO. Madam President, for the informa-
MR. NOLLEDO. Madam tion of the honorable Vice-President, the Acting Floor
President.
Leader and I have agreed that his motion will be con-
THE PRESIDENT. Commissioner solidated with mine. That is why I added the expression
Nolledo is recog-
nized.
at the end of my motion “without prejudice to a free-
wheeling discussion of the form of government among
MR. NOLLEDO. Personally, I have no objection to the Members.” We have agreed. In other words, in
the amendment but the reason would like the whole
I effect, we withdrew his motion.
body to be constituted as an ad hoc committee is that
the question is transcendental in character and the THE PRESIDENT. In other words, the motion that
amendment essentially alters my motion. And so, was before
the body is the Gentleman’s particular
instead of myself deciding, 1 submit it to the body for motion for the whole Constitutional Commission to
decision. consider itself as a committee of the whole to discuss
or to conduct public hearings on the structure of THE PRESIDENT. Excuse me. We will let Com-
government tliat will be adopted. missioner Padilla finish his statement first.
MR. PADILLA. But the resolutions do not specify

MR. NOLLEDO. And that later on to discuss this in
would suggest, of course, subject
the exact text. So I
plenary session, but without prejudice to a freewheeling
to the correction . . .
discussion,if the body so minds.
MR. NOLLEDO. In connection with that, Madam

THE PRESIDENT. Later on.
President, I wrote a letter to my colleagues specifying
the 1935 and the 1973 Constitutions, most provisions
MR. NOLLEDO. Yes.
of which now appear in the Freedom Constitution, as
the bases of discussion in the plenary session should we
THE PRESIDENT. But then Commissioner Sarmien- decide to adopt the presidential system as the form of
to proposed to amend that, so that instead of the ent:re government.
Commission being converted into a committee of the
And in connection with that. Madam President,
whole, there be only a smaller committee to which it
because I consider that as argument against motion, my
should be referred. Is that correct? good to
I would like to rebut the arguments. It is not
ignore the people. We must of the people.
feel the pulse
MR. NOLLEDO. Yes, Madam President.
We must hear them first because if we go to the drafts
of the 1935 Constitution and the 1973 Constitution or
THE PRESIDENT. That was the situation when the the Freedom Constitution immediately without hearing
session was suspended. the people, then an impression may be created that we
What does the Acting Floor Leader say? are railroading everything.
MR. RAMA. That Madam THE PRESIDENT. Commissioner Nolledo, may the
is the correct situation.
President. Chair please be clarified on this?
MR. NOLLEDO. Yes.

THE PRESIDENT. Thank you.
Are there any remarks on the proposed amendment? THE PRESIDENT. There are two matters that are
before us. First, shall this Commission consider
itself as
motion the committee of the whole or shall it form a smaller

MR. PADILLA. Madam President, the main
dis- committee to act on the structure or to discuss the
of the Acting Floor Leader was for a freewheeling
prejudice to a structure of government? can this Com-
And, second ,
cussion. As amended, it will be without
that e mission this afternoon enter into a preliminary dis-
freewheeling discussion. I think the idea is
Members of this Commission be given an opportunity o cussion of the merits of any kind of structure of govern-
explain their views whether they are for the presi
on
en ment. Is that what is included?
u
tialor parliamentary or some other mixed system, Madam
do not see any reason for another motion to consti u e
MR. NOLLEDO. That is right. President.
this Commission or even a portion of this Cornmission Assuming that I agree or the body agrees with the
as an ad hoc committee and undertake public hearings amendment of the Honorable Renato Sarmiento, we are
for a period of six days. This will unduly delay t e not prevented from having a freewheeling discussion as
important task of this Commission in expediting
e
contemplated by the honorable Vice-President of this
formulation of a new Constitution. Commission.
As a matter of fact, I will make a side remark, Madam
THE PRESIDENT. And as the Chair understands it,
®
President. There is, for example, a resolution to i^^^ Members who are ready to discuss this par-
^ o there are
the Preamble or the territory or the Bill of Rights— al
la ticular point this afternoon.
these are fundamental portions of a Constitution
had been there since 1935. We will not advance. We will
am ready to listen to them.
MR. NOLLEDO. Yes, I
just say “a resolution to include .” Perhaps there is a

. .
definite text of a preamble that a Member wishes

to e THE PRESIDENT. Let us then proceed.
t e
considered in reference to, say, the Prearnble in amendment by the
1935 Constitution or even the 1973 Constitution, e MR. NOLLEDO. There is an
pro Honorable Renato Sarmiento do —
not know if there I
should have a point of reference on which we can
amendment. As
is anyone who would like to amend that
pose some amendments and maybe insert one woid or substantially. And so,
But I said, it alters my urgent motion
substitute another, and that will expedite our work.
I see so many resolutions, Madam President. I submit to the body.
MR. NOLLEDO. Madam President. MR. SUAREZ. Madam President.

THE PRESIDENT. Commissioner Suarez is recog- wide. So, I would suggest that committee be tasked
this
nized. with determining the mode of procedure and manner by
which these public hearings will be conducted. 1 wonder
MR. SUAREZ. May we address some points of in- if Commissioner Sarmiento would agree to such a pro-
formation to the second proponent, Commissioner posal, and if he does, then we can word the amendments
Sarmiento? accordingly.
THE PRESIDENT. Please proceed. THE PRESIDENT. Commissioner Sarmiento is recog-

nized.
MR. SARMIENTO. would agree to the amendment
I
I understand that instead of this Commission being
being proposed by Commissioner Bengzon.
constituted as an ad hoc committee to conduct public
hearings, the Gentleman would limit the same to a com-
mittee of the entire body constituting itself into an ad
hoc committee. Did I understand my friend correctly?
THE PRESIDENT. Yes, Commissioner Nolledo is
recognized.
MR. NOLLEDO. That is correct.
MR. NOLLEDO. In view of the amendment to the

MR. SUAREZ. The Gentleman did not specify the amendment, I have no objection to the amendment of
number of the members of that proposed committee. Commissioner Sarmiento. I withdraw my objection.
Will he be kind enough to he has an idea, how
state, if
many members would compose that ad hoc committee? MR. RODRIGO. Madam President, will the sponsor
amendment agree to
to the the following amendments:
MR. NOLLEDO. What I have in mind is Proclamation instead of 30 members, let us have 15 members?
No. 9. The committee will be composed of national,
In our Rules, that committee has the biggest number
regional and sectoral representatives. So, the committee
will be composed of, say, 10 national representatives, 10
of members. That said Committee on Style has only 1
regional representatives and 1 2 sectoral representatives.
members. If we have 30 members, itmight be too
unwieldy; we might as well have a committee of the
MR. SUAREZ. And does Gentleman have an idea
the whole. I wonder if the sponsor of the amendment will
or suggestion as to how these Members would be de- accept the amendment.

signated or appointed?
MR. BENGZON. Madam President.
MR. NOLLEDO. I leave that to the wisdom of our
President. THE PRESIDENT. Yes.
MR. SUAREZ. Would the Gentleman have any objec- MR. BENGZON. The amendment precisely leaves to
Oon if the appointments are made by our Madam Pres- the discretion of the President the number of member-
ident in order to abbreviate the proceedings? ship of the committee. So, was going to suggest to
I
Commissioner Rodrigo that of these ideas, even on
all
MR. NOLLEDO. I have no objection.

the number of membership of the committee, be ad-
dressed to the discretion of the President because the
MR. SUAREZ. Thank you. amendment leaves to the discretion of the President the
number of members of the committee.
THE PRESIDENT. Are there any other comments?
MR. RODRIGO. Did I hear something to the effect
Commissioner Bengzon is recognized.
that30 members shall compose the committee?
MR. BENGZON. Madam President, apropos of the
amendment of Commissioner Sarmiento, may I intro- MR. BENGZON. That was amended by me, after
duce the following suggestions: that the President which Commissioner Sarmiento had agreed.
be
given a discretion to determine the number of the
MR. RODRIGO. Thank you.
members of the committee and to appoint the members
of the committee provided that, firstly, anyone of the
THE PRESIDENT. Are there any other comments on
48 Members of this Commission may attend the public
the amendments, as amended?
hearing, if he or she wants to, and secondly, this com-
mittee will be tasked with providing and determining MR. PADILLA. Madam President.
the rules on how the public hearings will be conducted
because 1 assume that these public hearings ideally will THE PRESIDENT. Yes, the Vice-President is recog-
not only be conducted in Metro Manila but also nation- nized.
)
MR. PADILLA. I think there are too many subjects of considering the entire Commission as an ad hoc
in the amendment. Actually, I feel that these are all out committee. That is the parliamentary situation now.
of order because the basic motion was for a freewheel-
ing discussion on the floor. MR. BENGZON. Yes.
MR. NOLLEDO. Madam President, point of order. THE PRESIDENT. Therefore, I think we are ready to
We have suspended the Rules. vote on that.
MR. PADILLA. This motion says “an ad hoc commit- MR. BENGZON. Yes.
tee”; then it says “conduct public hearings”; then comes

THE PRESIDENT. The motion, as amended, is to
“the entire Commission”; “no, reduce it to 30, to 15”;
authorize the President to create a smaller special com-
then the Members are to be appointed by the President,
mittee that will promulgate the rules.
etc. I think this is a deviation from the basic concept of
the original motion of the Acting Floor Leader for a
MR. BENGZON. It will be tasked to determine the
freewheeling discussion among the Members here
mode, procedure and manner in the conduct of public
present. And we can suspend the Rules only as far as the
hearings, the number of the membership of which com-
freewheeling discussion proposed by the Acting Floor to the discretion of the President, provided
mittee is left
Leader is concerned. We cannot suspend the entire in this Commission is free to attend these
that anyone
Rules especially with regard to the formation of the he or she so desires.
public hearings, if
committees and the powers and prerogatives of these
different committees.
THE PRESIDENT. I think that is clear enough. We
Madam President, if there is this ad hoc committee, are ready to vote.
whether composed of the entire 50 or 30 or 15 or even
5 members, and we conduct public hearings for one MR. RODRIGO. Madam President.
week, and then report to the plenary session for another
six days, I believe we will be defeating the purpose of THE PRESIDENT. Yes, Commissioner Rodrigo is
the Acting Floor Leader in suggesting just a freewheel- recognized.

ing discussion
among the Members.
MR. RODRIGO. I was listening to the proposed func-
tion of the committee. Is
limited to determining the
it
MR. BENGZON. May I clarify, Madam President?
manner of the public hearing or will the committee
itself conduct public hearings?
THE PRESIDENT. Yes, Commissioner Bengzon
is
recognized.
THE PRESIDENT. The committee is expected to
MR. BENGZON. The motion of the Acting Floor

conduct public hearings.
Leader for a freewheeling discussion has been approved.
So we are going to go into a freewheeling discussion, MR. BENGZON. Madam it is not limited
President,
to just determining; it will conduct

public hearings. It
and in this freewheeling discussion comes the motion of
will also determine how these public hearings will be
Commissioner Nolledo. This is part of the freewheeling
conducted.
discussion. So if we had just disposed of his motion, as
amended, and created this committee, and that would
have been finished, then the next would have been for MR. RODRIGO. Thank you. That was not clear in
anyone of us to be able to stand up and really articulate the beginning.

his ideas on the type of government. The motion of
Commissioner Nolledo is part of the freewheeling dis- VOTING
cussion of this body. So, there is no conflict. Madam vote on that
President.
THE PRESIDENT. May we call for a
now?
the PRESIDENT. The Chair believes that the matter As many of this particular motion as
as are in favor
has been clarified, that a lively freewheeling discussion explained by Commissioner Bengzon, please raise their
will come after we approve this committee to conduct hand. ( Several Members raised their hand.)
public hearings because actually in the Order of Business the motion, as amended,
As many as are against
we have the motion of Commissioner Nolledo about the their hand. (Few Members raised their
please raise
creation of an ad hoc committee, which we referred to
hand.
the Steering Committee. But then the Acting Floor
The results show 33 votes in favor and 8 against; the
Leader asked that instead of waiting for the report of
the Steering Committee, we consider it now by suspend- motion is carried.
ing the Rules. And so, precisely, there was an agreement
to suspend the Rules and we were discussing the merits MR. RAMA. Madam President.
THE PRESIDENT. The Acting Floor Leader is recog- body. In other words, it is without a fixed term. And
nized. the mechanism for terminating the tenure of the mem-
bers of the Cabinet and of the Prime Minister is by a
MR. RAMA. I ask that Commissioner Bernas be no-confidence vote whenever there is a fundamental dif-
recognized to speak on the nature of government. ference or disagreement between the legislature and the
executive department. And the democratic character of
THE PRESIDENT. Commissioner Bernas is recog- this system is manifested by the fact that when there is
nized. a vote of no confidence, the point of disagreement is
thrown to the people. The executive also has a weapon
MR. RODRIGO. Madam President, I think Commis-
against Parliament in that he can dissolve Parliament.
sioner Bernas will talk on what he thinks should be the And when there is a disagreement between the two, this
form of government. Before that, may I make a very is thrown to the people. When national elections are
important clarification. held, the people align themselves either in favor of the
I wouldlike to speak on this matter, too. I have my legislature or the executive. If a majority of those who
own opinion now as to the form of government that we were in Parliament are reelected, then that would be an
should have, but I want to make it clear that what we indication that the executive has lost the struggle with
say here now — this is a freewheeling discussion — is not Parliament.
our hard-line position yet because we need public hear-
So, if I may speak terms of advantages or disad-
in
ings. And so, we have our position now but I want to
vantages, one of the advantages of the presidential
make it clear on the record that we are flexible on these system is that we have stability of government. At the
positions depending on the result of the public hearings. same time, however, it suffers the disadvantage that we
have to wait for a long time before we can replace
THE PRESIDENT. Thank you. people we might not be satisfied with. Whereas, in a
parliamentary system, it is possible for the sentiments of
FR. BERNAS. Madam President, I speak mainly upon the people to be immediately felt and reflected in the
Commissioner Rama, and in the spirit of
the request of selection of a new executive and a new Parliament.
the remarks of Commissioner Rodrigo, what I would
So, very roughly, I would say that those could be the
like to say is not my firm belief. Rather, what I would
like to do today is perhaps to set the parameters of the
parameters of our discussion on whether we select a
presidential system or a parliamentary system. Our
discussion, the outline for the discussion, on the forms
of government. experience in the Philippines has been primarily with
the presidential system. We have never really expe-
I believe that in the present state of the discussion on rienced a parliamentary system. But in the period of the
the matter, when we speak of forms of government, we 1973 Constitution, we experienced what was referred to
are primarily speaking of two possible areas of dis- as a modified parliamentary system. It was a presidential
cussion; namely, a classification of government based
system with the President having the power to dissolve
on the relationship between the executive and the legis-
the National Assembly and with the National Assembly
lature and a classification of government based on the
possessing the power to exercise a vote of no confidence
relationship of the national government to the local
but not against the Chief Executive but against a minor
government. When we classify governments on the basis
functionary; namely, the Prime Minister. So, the govern-
of the relationship between the executive power and the
ment which terminated with the February revolution
legislative power, we generally classify governments into
was a government which predominantly was presidential
the presidential system, the parliamentary system or
with some characteristics of the parliamentary system.
some kind of a combination of the two. And, as we are
As we very well know, the idea of dividing power
very familiar with the matter, we can say that the
among the executive, legislative and judicial depart-
primary characteristic of the presidential form of
ments is primarily for the purpose of limiting power.
government is separation of powers between the execu-
Constitutions are made not for the purpose of granting
tive, legislative and judicial branches of the government
power to government because governments have power
characterized by the independence of the three but with
inherent in them, but rather for the purpose of limiting
the President holding some paramount position of pre-
power. Andthe principal device for limiting power is by
cedence. And for that reason, it is referred to as a dividing them into these three departments, the idea
presidential form of government. Moreover, in this being that power can be exercised only with the
system we have fixed terms both for the executive and cooperation of the two departments. And the aberration
for the members of the legislature. takes place when one department is able to complete an
In the parliamentary system, the primary characteris- official act without the cooperation of the others. For
tic, would seem to me, is that executive power is
it instance, in the legislative process, power is jointly exer-
exercised by a Cabinet headed by a Prime Minister cised by the legislature and by the executive. Aberration
which for all practical purposes is a committee of the takes place when the executive alone can complete a
legislative body, and the executive and the members of legislation without the help or without the check of any
the Cabinet hold office at the pleasure of the legislative other authority. We also know that this system was
irannASiSNG ubrar?
transplanted to the Philippines from the United States, system of preeminence, or a presidential system with a
this system of limiting power through a horizontal strict division of powers with term, or rather a more
system of distribution of power; najnely, the executive, responsive parliamentary system but more complicated
the legislative, and the judiciary. In the American sys- in its operation than a presidential system. The other
tem, aside from this horizontal system of dividing question we must face is: Should we continue a system
power, there is also the vertical system of dividing where practically all governmental power must come
power; namely, the powers of the national government from the central government, from Manila? Must we
and the powers of the local government or the state continue the overdominance of Manila over the rest of
government. There are certain state powers which are the country? These, I submit, are some things we could
beyond the reach of national government, and there are consider in our deliberations.
certain governmental powers which cannot be exercised
by the national government because they are reserved MR. SUAREZ. Madam President.
for the state government. In that sense, what is effected

THE PRESIDENT. Commissioner Suarez is recog-
is a limitation of power, which is intended to prevent
the possibility of concentrating power, resulting in a nized.

dictatorship. When the system was transplanted to our few
MR. SUAREZ. Will the Gentleman yield to a
land by the Americans, what they transplanted was the
questions?
system of the horizontal distribution of power, not the
system of vertical distribution of power. Looking at the
history of the United States Constitution — and I think FR. BERNAS. Willingly.
this is a very important point to consider — the federal

MR. SUAREZ. I heard the Gentleman mention the
system of the United States which created a national
apprehensive about the institution
government was a system designed by the elite of fact that he is a little
presidential system of government
American society precisely for the purpose of neutraliz- or establishment of a
for the reason that
while there is acknowledged stabili-
ing the power of the masses. When the state govern-
for a fixed tenure, it is not that
ments were confronted by restless farmers and restless ty since it provides
these elected government officials enjoy a fixed tenure.
debtors — and this became a problem for them — they
niet among themselves and agreed on a strong federal
stage, I would tentatively
government, a national government, a bigger govern- FR BERNAS. At this
^ntemplate a situation where we would have a fixed

ment which would be less accessible to the masses and terminable tenure. What I mean
to that extent, less subject to the influence of the >rm but with an easy
under the present system,
if we have a presidential
masses. So, there is this thesis in the American systern unsatisfactory presi-
/stem the only way
of ousting an
that the federal government of the United States is anti- process of impeach-
C-254 -nt would be by the
cumbersome
the system was transplanted to us,
it
democratic. When What I am suggesting is, perhaps we should
became worse because not only was a central government
iscover some easier way of making the president
ment created, but the central government was also given
complete discretion in what powers the local govern-
ment should have. In the American system, at least the we would institute, for exam-
states retained certain untouchable powers. Here the MR SUAREZ. So, if
recall during the term of the presidency,

powers were completely in the hands of the national ple a system of
objection?
government. And the question is sometimes asked would the Gentleman have any
whether our system, borrowed from the United States, would consider that very seriously as
FR. BERNAS. I
will guarantee that liberty will not be lost, dictatorship
will not take place. It is a system which has worked in a possible alternative.
the United States. It seems to me that it is a system that be a compelling reason for
MR. SUAREZ. Would
which has not worked in the Philippines and we ask our- structure?
him to support the presidential
selves why. Perhaps, the answer is economic. The
great
the Philip-
masses of poor and disadvantaged people in a strong reason, but not yet
FR. BERNAS. It is
pines create a situation of dependence upon patrons.
compelling.
When you have a situation of severe, almost absolute
dependence on patrons, if there is this great economic federal system of
MR. SUAREZ. Let us go to the
inequality, no matter how strong are the guarantees of the United States.
government that is now prevalent in
liberty you might have, liberty will always be en-
dangered. And it seems to me that is what happened in The Gentleman aware of the fact, 1 suppose, that
is
our country. mass. It is not separated
the United States is a huge land
by bays, by lakes; is that
internally by seas, by straits,
Very briefly, therefore, our discussions perhaps could
be along these lines, not so much on whether we should correct?
have a bicameral or unicameral government — that is
secondary, I think — but whether we should have a FR. BERNAS. That is correct.
MR. SUAREZ. And the Philippines, upon the other and allow a recall somewhere at the middle of the term,
hand, is by oceans, by waters, so much so that
separated would it not assure a certain degree of stability?
we have something like 7,104 islands. Is the Gentleman
also aware of that? FR. BERNAS. That would be a possibility.
FR. BERNAS. It is directly for that reason that our MR. DAVIDE. be correct if I
In other words, would I
situation, perhaps more than that in the United States, say that the Gentleman is in favor of a modified parlia-
calls for greater autonomy of local governments. mentary system of government?
MR. SUAREZ. Regional autonomy but not a federal FR. BERNAS. As matter of fact, that is the direc-
a
system of government; is my understanding correct? tion in which my thinking is going at the moment.
FR. BERNAS. The name really does not matter. MR. DAVIDE. Thank you. Madam President.
What I have in mind is a system where a central govern-
ment does not have all the powers; there are certain THE PRESIDENT. Commissioner Rodrigo is recog-
powers retained by the local governments which may nized.
not be touched by the national government.
MR. RODRIGO. Will the Gentleman yield to a few
MR. SUAREZ. In other words, basically, not a prin- questions?
cipal feature of the federal government as is known and I think we have to look into the historical background
operated in the United States.
of the government of the United States. Is it not true
that the United States started as practically independent
FR. BERNAS. That is correct.
autonomous states?
MR. SUAREZ. Thank you. FR. BERNAS. That is correct.
MR. DA VIDE. Madam President. MR. RODRIGO. And these states decided to cede
some of their sovereignty to the national government?
THE PRESIDENT. What is the pleasure of Com-
missioner Davide? FR. BERNAS. That is correct.
MR. DAVIDE. Will the distinguished Gentleman yield MR. RODRIGO. So, this is one of the features of a
to some clarificatory questions? federal system —
that autonomous local governments
originally had the sovereignty but they decided to cede
FR. BERNAS. Willingly. some of that sovereignty to the national or federal
government.
THE PRESIDENT. The Gentleman may proceed.
FR. BERNAS. That is correct.
MR. DAVIDE. Did I get the Gentleman correctly as
having
MR. RODRIGO. In the presidential system, it is the
said parliamentary
that the system is more other way around — the people delegate the sovereignty
responsive but rather complicated?
to the national government and the national govern-
ment, in turn, delegates or cedes some of these powers
FR. BERNAS. I did say that — that there are to the local government.
characteristics of the parliamentary system which make
it more immediately responsive to these changing FR. BERNAS. That is correct, at least under the sys-
conditions.
tem of the 1935 Constitution.
MR. DAVIDE. In that respect, therefore, the parlia- MR. RODRIGO. Yes. Under that, sovereignty is
mentary system would be most suited to the needs of vested by the people in the national government. How
the time especially in our country?
then do we grant sovereign or autonomous powers to
the local government? Who will decide on this? I
FR. BERNAS. This has to be balanced also with the suppose it is we in framing our Constitution, and the
need for stability. people, in ratifying it.
MR. DAVIDE. Would the need for stability not be FR. BERNAS. That is correct.
recognized by the system of recall within a given
period? For instance, if we fix the term of the members MR. RODRIGO. But Constitution which we are
this
of the legislature to six years and the term of the Prime framing must be couched in general terms; we cannot
Minister also to six years as well as that of the President go into specifics. Is that right?
FR. BERNAS. That would be right. or a national body. That classification, it seems to me,
would be irrelevant because it is either a constitutional
MR. RODRIGO. Does the Gentleman have any idea commission or not; and it can only be something that is
on how we should word this general provision? binding on the rest of the nation especially in a com-
mission like this. And in the matter of distribution of
FR. BERNAS. In as far as framing this general pro- power to the national government and the local govern-
vision concerned, it will involve, I think, a careful
is ments, it would also seem to me that whether it is par-
cataloguing of the powers of government. After we liamentary or presidential is irrelevant. What we are
have catalogued the powers of government, we will talking of is whether it is federal or unitary.
make a decision as to which of these powers should be
retained by the national government and which of these MR. RODRIGO. Yes, federal or unitary.
powers should be given to the local governments.
Let me an example. For instance, regarding
give FR. BERNAS. So, when we say parliamentary or
national defense, who has the last say on national we are classifying governments on a hori-
presidential,
zontal level; but when we talk of federal or unitary, we
defense? We will make a decision on that. In the dis-
position of national resources, we will have to make a are classifying governments on the basis of their vertical
division of the various types of natural resources —
relationship.
mineral land, forest land, agricultural land. And with

MR. RODRIGO. That is right, yes. Can that objective
respect to each of these questions, we will determine
of giving more autonomy to the local governments not
who has the final decision on the disposition of such
matters. So, it will involve the careful cataloguing of the be accomplished in a presidential system by providing in
powers of government and distribution, and perhaps a the Constitution in broad terms that more local auto-
cautionary general provision saying that whatever is not nomy should be given to the local governments?
distributed in the Constitution is deemed retained by
FR. BERNAS. Yes. As a matter of fact, the United
the national government.
States has a presidential system but it is a federal
MR. RODRIGO. But the process of allocating powers system.

to the localgovernments follows the unitary system;
meaning, from the national we allocate more powers to MR. RODRIGO. Yes, thank you very much.
the local governrnents. As a matter of fact, this Consti-
tutional Commission is a national commission. MR. VILLACORTA. Madam President, may I be
recognized?
FR. BERNAS. It a
national commission. It is a
is
national convention, a convention capable of giving to MR. ABUBAKAR. Madam President, may I be recog-
powers which nized? My obseiwation pertinent to the matter now
the local governments are untouchable by is
national government. In other words, in the process discussed by the Commission because this is a reality.
the
of ratification of whatever
we may propose here, we will
THE PRESIDENT. Commissioner Abubakar asking
be asking the people if we should strip the national
is
government of some of its powers in favor of the local to be recognized. He may proceed.
governments.
a reality prevailing in the
MR. ABUBAKAR. This is
MR. RODRIGO. So, basically it is the unitary system South.

that we follow with modifications.
FR. BERNAS. Yes.
May I clarify my question. We have already stated
the insistence of
that the procedure in a federal form of government is, MR. ABUBAKAR. Because of
Philippines that they be
we start with autonomous states, autonomous regions Muslim leaders in Southern
determination of
and then these autonomous regions decide if they will given more power, more say in the
cede some of their powers to the national government. the region, the national government created a
policies in
So, it is from below to the top. But under the present legislative assembly for Region IX composed of the
Provinces of Sulu, Zamboanga and Basilan,
whose
situation, we cannot go through a procedure like that.
Speaker is appointed by the President and whose seat is
It has to be from top to bottom now. From the central
legislates for its
government, we cede more powers to the local govern- in Zamboanga City. This assembly
powers which the govern-
ments. It might be provided in the Constitution to cede region on matters concerning
more powers but the powers are lodged from the top, ment has delegated to it. Representatives from each
and the top then cedes more powers to the bottom. province, including the Speaker of the regional assem-
bly, if I still remember, are appointed from
Manila. So,
FR. BERNAS. When we are speaking of a constitu- we have here a regional setup which has proven to be
tionalcommission or a constitutional convention, successful because the people feel that they still have a
perhaps it is irrelevant to speak of whether it is a local regional assembly to whom they can appeal and who
knows and feels the interest of the region. The Speaker for his scholarly dissection of the nature and forms of
is by them and each region
elected Sulu, Cotabato, — government.
Lanao and the other regions — is represented. It is still
working and there is no reason why it could not THE PRESIDENT. Thank you.
succeed.
Commissioner Villacorta had previously asked to be
has succeeded and the people realize that the
It recognized. He may proceed.
national government has not only appropriated power
or neglected them, but has given their representatives MR. VILLACORTA. Thank you. Madam President.
the power to legislate or to declare policies for the I just would like to give a few reactions to the re-
benefit of the people and the region itself. It is working marks of Commissioner Bernas. First of all, in evaluating
and it is successful. the merits of the presidential and parliamentary sys-
I suppose many of the Members of the Commission tems, I think we would be doing an injustice to the
do not realize this because this applies only to the parliamentary system if we call the Marcos govern-
southern region, Region IX. I personally know the rep- ment amodified parliamentary system. What we really
resentatives of these provinces to the regional legislative had under Mr. Marcos since 1972 was a dictatorship that
assembly in Zamboanga, and they hold regular sessions. was cosmeticized by a so-called parliament, with a
This regional body is not exactly autonomous in the supposed Prime Minister who was actually appointed by
sense that the government has delegated all powers of Mr. Marcos and not elected by Members of Parliament.
sovereignty or even part of its sovereignty to this Moreover, although the Marcos Constitution specified
regional body, but the regional body became more the procedure governing the election of the Prime Minis-
ter and Members of Parliament, most of these proce-
conscious of its responsibility.
dures were actually not followed. Under no circum-
On
the basis of this arrangement which prevails only
stances, therefore, could we consider the Marcos govern-
in Region IX, other regions of the Philippines are en- ment as having had a semblance of the parliamentary
couraged to institute a regional legislative assembly so form of government.
that the question of welfare policies will be debated by
the representatives of the region itself. This does not I would like to mention that in weighing the merits
need any constitutional proviso; the authority of the of both systems, we should consider the political culture
government to pass the law creating this regional auto- of Filipinos who, according to many scholarly studies,
nomous government has not been contested because the favor a strong national leader. One of the questions that
people accept this and are glad that this was created. we should ask ourselves is: Which form of government
would best guarantee the reduction of the possibility
I see any reason why people from Luzon or
do not
that another dictator might emerge?
the Visayas will contest the regional autonomy of
I would also like to make an observation about
Southern Mindanao, if it is accepted by the people. It is the
for their benefit; it is responsive to their will, their Gentleman’s reference to patronage as the overwhelming
sentiments and their welfare. or overriding factor in Philippine politics. I think if we
were to adopt either the parliamentary or the presiden-
THE PRESIDENT. May the Chair inquire if Com- tialsystem without meaningful changes in our electoral
missioner Abubakar has any question to address to process, there will not be any success in reducing the
Commissioner Bernas so that Commissioner Bernas may patronage system. Instead of relying solely on the
sit down, if he
no longer has any other questions. American electoral system, it is time to look into some
of the European countries’ electoral systems.
MR. ABUBAKAR. Was this arrangement which had
For example, the party list system would insure more
been instituted in Mindanao implemented? Would it the possibility of mass-based political parties’ participa-
meet the situation?
tion in political contests, and actual representation in
FR. BERNAS. I think the Commissioner has brought the legislature.
up very important points. As a matter fact, in my own Lastly — this is not just an observation on what Com-
thinkingon this matter, I would use the autonomous missioner Bernas has said, but a reaction to some points
government of Mindanao as a starting point for our raised earlier — there seems to be a school of thought
discussion. here that the best working draft is the 1935 Constitu-
tion simply because it was the only one duly ratified by
THE PRESIDENT. Gentleman through with
Is the his the people. We must remember that the 1935 Constitu-
interpellation of Commissioner Bernas? tion was framed during the American colonial period,
with the express condition that the draft constitution
MR. ABUBAKAR. I appreciate the remark of Com- will have to be submitted to the then President of the
missioner Bernas, and merely took the floor to clear
I United States and subject to the approval of the said
up whatever cloud or whatever situations are unknown president. Without discrediting the 1935 Constitutional
that are prevailing in the region. That is my only pur- Convention Delegates, we should reflect on whether the
pose, and I wish to congratulate Commissioner Bernas framers tailored the 1935 Constitution to adopt the
ideals of the American presidential system in order to have been something else. Writers talk about a semantic
ensure its approval. constitution.
Thank you very much.

MR. TINGSON. Finally, if the administration of the
MR. TINGSON. Madam President. former President did adhere to the characteristics of the
form of government we had and if he exemplified moral
THE PRESIDENT. Commissioner Tingson is recog- leadership in this country, would the government then
nized. existing have worked?
FR. BERNAS. I would follow the advice of some

MR. TINGSON. Will Commissioner Bernas answer
world leaders who do not answer questions based on
some clarificatory questions?
“if.”
FR. BERNAS. Very willingly.

MR. TINGSON. I see.
MR. TINGSON. First of all, may I also give my com- Thank you so much. Commissioner Bernas. (Ap-
mendation Commissioner Bernas for a very enlighten-
to plause)
ing lecture and discourse on the forms of government.
Does Commissioner Bernas agree with this quotation: MR. RAMA. Madam President, may I ask that Com-
“For forms of government, let fools decide; what is best missioner Villegas be recognized.
administered is the best government.” Does that sound
Commissioner Villegas recog-
sensible to him? THE PRESIDENT. is
nized.
FR. BERNAS. I put it differently.have always
I
believed that monarchy is the best form of government, MR. VILLEGAS. Thank you.
reference of Commis-
provided I am the king. I would like to discuss further
economic factors.
sioner Bernas to
MR. TINGSON. Very good. I very convinced that
am man does not live by bread
In the 1971 Constitutional Convention, we adopted alone and that there are
more important issues than
no question that economic
the parliamentary system. If I recall it right, we said in economic issues. There is
immediate concern of the
the deliberations that the parliamentary system was development is the most
considering the fact that 70 per
more responsive, more responsible and more accounta- national government,
is living below the poverty line
ble to the people. Does Commissioner Bernas agree that ?ent of our population
it is not so in a presidential type of government? meaning, we are having a hard time putting body and
soul together.
FR. BERNAS. think it is a question of the decision
i
attracted to a form of government that tries to
I am
of the 1971 Constitutional Convention favoring the par- responsiveness because our
combine stability and
liamentary system for being more responsive. time to solve. Probably some
problem will take a long
having your cake and eating it
neoole may think that
is
MR. TINGSON. I understand that today, throughout too I agree with
Commissioner Villacorta when he said
the world, there are more governments of the parlia-
thal President Marcos never gave the modified parlia-
mentary type than of the presidential type, is that true? work.
mentary system a chance to
try to emulate the strong
FR. BERNAS. I have not made a head count. I think we should really
system, where there is a very
leadership in the French
having a parliament In that way
MR. TINGSON. I do understand that there are more strong President while
to some of the roots of
governments of the parliamentary type. we in address our efforts
poverty, such as patronage
and lack of political will and
Lastly, there is a saying in Filipino: “Walang matuwid direct our attention to
such que^
readership. We
can
sa politika na mali sa konsensiya.” “Nothing is political-
tons as land reform and upliftment of the Poot. And
ly right that is morally wrong.” Could we apply this to national leadership, political will
unless we have a strong
our discussion on the form of government?
cannot be mobilized.
FR. BERNAS. There forms of government which

are At the same time, would like to say that I am
I
because r^ht
might be called “immoral.” The form itself does not attracted to a unitary form of government
characterize the government as moral or immoral. It is now, talking about autonomy can be misleading. The
more on the uses to which the form is put. So when I Philippines is still, somehow, plagued with regionalisni,
about federalism. At
called the system we had as “semi-parliamentary” to and we are not yet ready to talk
least that is how I see it. I
would rather use the phrase
which Commissioner Villacorta objected, I was referring
to the form of government; whereas, the substance may “decentralization of authority” instead of autonomy.
30 TUESDAY, UNE J 3. 1986
I am very much in favor of what is known as the That is reason I find this discussion today
the
principle of subsidiarity, allowing local governments to fascinating and very constructive wherefrom we can
take care of what they can competently solve in their learn. One of the first resolutions we adopted was
respective regions. For example, I see a great need for excellent for we opened the doors of this Commission
decentralizing decision-making in the executive branch. to the people through public hearings. The fact that
There is no reason why there cannot be a Central Bank some of us have been going to the different provinces
office, for example, inCebu, that can decide on foreign trying to find out what people think would later on
exchange transactions. I do not see why the Cebuanos make this nation aware that we have empowered the
have to come all the way to Manila for a lot of questions people to determine the solutions to their real problems.
addressed to the Central Bank. This could be applied to I would like to end with this point: The problems of
all the ministries. I know that there are already some hunger, poverty and land are essentially a problem of
attempts by the Ministries of Agriculture and Food and power or a problem of participation of the m.ajority. We
Agrarian Reform to delegate authority to their respec- may have very good ideas regarding land reform but, if
tive officials in the various regions. I favor this kind the farmer is not consulted or if he does not, in a sense,
of decentralization; but definitely, I do not think we are become the creator of his own history, then we will not
ready for what we call “federalism.” be judged very well by history. That is why I would like
I would also like to comment on the cultural need for to make this appeal to my brothers here — we are not
adopting a system which we can call “enlightened pater- simply going to be the only authors of this Constitution,
nalism.” I know the word “paternalism” is taboo to a but also our people. Let us write this Constitution
number of people and it does connote the patronage together with them.
that Commissioner Bemas is referring to. Let us take a
look at the Japanese who were able to combine some of MR. RAMA. Madam President, I ask that Commis-
the favorable factors of paternalism with the modern sioner Bengzon be recognized.
factors of industrial progress. We can call Japan, Singa-
pore, and Korea as examples of enlightened paternal- THE PRESIDENT. Commissioner Bengzon is recog-
ism. Sincemost of us here are parents, I am sure you nized.
know that one can have a good or a bad father. Even
from the management point of view, some people are MR. BENGZON. May I address a question to Com-
trying to work with “enlightened paternalism” as it missioner Bernas, Madam President.
should apply to many Asian societies.
THE PRESIDENT. Commissioner Bernas may yield,

MR. RAMA. Madam President. if he so desires.
THE PRESIDENT. The Acting Floor Leader is recog- FR. BERNAS. Yes, Madam President.
nized.
MR. BENGZON. The system of recall that Commis-

MR. RAMA. May I ask that Commissioner Garcia be sioner Bernas has articulated could also go the other
recognized. way around by producing instability, could it not? In
other words, if the recall would be too easy, then that
the PRESIDENT. Commissioner Garcia is recog- would defeat the very purpose for the installation of
nized. such a system.
MR. GARCIA. I would just like to make some re- FR. BERNAS. It would depend on the terms of the
marks following Father Bernas’ discourse, and to react recall.
to the point of Commissioner Villegas.
Basically, my contribution to the thoughts expressed MR. BENGZON. Therefore, instead of a recall as
today will not be on the different forms of government called for parliamentary system, how about
in a
but rather on the substance of what I believe is the ques-
liberalizing the mode of impeachment? Does Com-
tion today. I believe the question should be on the basic missioner Bernas think that would be better?
problems of the country such as poverty, hunger and
land. We have the problem of power which is basically
FR. BERNAS. I have no fixed ideas on this.
on the participation of the majority. We have to con-
sider what system — presidential or parliamentary — will MR. BENGZON. As long as one can insure stability
truly empower the people. The different sectors of our and at the same time put the President or the head of
society, especially the farmers, the workers, the urban government on his toes, realizing that he could be im-
poor, the fishermen and all those who have been ex- peached, would that not be satisfactory?
cluded from the political decision-making that shaped
their lives, should have a better say. I find this problem FR. BERNAS. A liberalized impeachment after a
the basic question. pattern of the “no-confidence” vote on parliamentary
system, yes. A recall, as I understand it, is something MR. NATIVIDAD. Madam President.
that is exercised not by the parliament but rather by the
electorate. So in that sense, perhaps it could be superior THE PRESIDENT. Commissioner Tadeo asked that
to impeachment in terms of popularity but more he be recognized earlier.
expensive.
MR. TADEO. Ano ba ang pamahalaang ninanais ng
MR. BENGZON. With respect to the regionalization pitumput’ limang bahagi ng ating mamamayang magbu-
of certain powers or giving the regions certain auto- bukid? Gusto ko lamang susugan ang sinabi ni kasa-
nomy, I am not only speaking of the political will or mang Ed Garcia tungkol sa uri ng pamahalaang ninanais
the political aspect of the people’s life. I would also like
ng magbubukid. Sa wikang banyaga ito ay “democratic
representation in organs of political power or a form of
to extend this discussion not only to the economic
government which will insure the broadest class in
aspect but also to the community life in various respec-
sectoral representation, including the system of propor-
tive areas. Some people say that we cannot give too
tional representation in legislature.” Ang gusto naming
much right and power to our people because they are
pamahalaan ay binubuo ng mula sa kanayunan, ng mag-
not yet ready for it, or they have not yet been properly
bubukid, manggagawa, urban poor, minorya, taong
politicized, or they do not know yet how to exercise
simbahan at mga estudyante. Lahat sila’y bahaging
their rights. My thinking is, if we do not begin now,
huhubog ng pamahalaan, mula sa pambayan at panlala-
when are we going to begin? So, would Commissioner
wigan, hanggang sa pambansa. Naniniwala kami na ang
Bernas agree with the thought that all communities
people’s power ay napapanahon na upang maging bahagi
should determine the solutions to their respective pro-
ng ating Saligang Batas, hindi isang people’s power na
blems because they are in the best position to know
therefore, would the Gentleman agree that nasa amin ang people pero wala naman sa amin ang
them? And,
power. Tanggapin natin na kung nasaan ang political
the Constitution we are going to draft should be general
power, naroon ang may kapangyarihang gumawa ng
but in such a way as would give people in the barrios lamang
determine and decide for themselves the
to batas. Kung ang political power ay nasa ^kamay
freedom tinatawag nating elite democra-
ng naghaharing uri na
solutions to their particular problems? man o parliamenta-
cy,” naniniwala kaming presidential
mananatiling elite democra-
FR. BERNAS. Certainly. As Commissioner Garcia ry ang pamahalaan, ito ay
Kayat sa panig ho ng magbubukid, ang ninanais na-
was saying, a very important thing is the reality of cy.”
representation in
people’s participation. If the basic Christian communi- ming pamahalaan ay democratic
ties in the Catholic Church succeeded in many things, it organs of political power.
is largely because their own sufficiency was recognized THE PRESIDENT. Commissioner Natividad is recog-
by the church. So, agree with Commissioner Bengzon
I
nized.
that we should
recognize the responsibility of basic
communities, and that we should not exercise over- MR. NATIVIDAD. Will Commissioner Bernas yield to
paternalism which kills initiative and growth. just one question?
MR. BENGZON. Yes, that is the word — “paternity.” FR. BERNAS. Willingly.
I do not want to use the word “Christian” because other
Filipinos are not Christian. MR. NATIVIDAD. Thank you.

I was listening to Commissioner Bernas’ analysis of
FR. BERNAS. As a matter of fact, there is a current and disadvantages of a presidential
he advantages
example now of how government can go to the grass system. I happen
iystem vis-a-vis a parliamentary
roots. We can translate the structure of basic Christian presidential system for three
o have served under a
communities into secular organizations and have them and also under a semi-
erms in the defunct Congress
achieve secular ends.
,arliamentary system” in the Batasang Pambansa.
served in the old Congress,
)uring the three terms that I
MR. BENGZON. Yes, but if we could provide the the discharge of our duties to
felt that we were freer in
basic right and opportunity to these respective com- were less intrusmns into
epresent our people and there
munities to really be aware of their problems and to kami bilang Kinatawan
egislative prerogatives. Malaya
really be encouraged to discuss the solutions to their lalawigan, at kayang-kaya
ig bayan, distrito o
aming
problems, that would be the best. sabihin ng Pangulo noon,
laming tutulan ang ano mang
lowever, while it is true that we were exercising our
FR. BERNAS. Yes, that would be very important so atmosphere, there
sure that they have a way of having their in- responsibilities in a freer
as to make egislative
a lot of stalemates because
the executive and the
fluences felt in the corridors of power. iêre
into rival situations,
egislative branches tended to run
MR. BENGZON. Without feeling that they are being nd it meant a lot of lost time.
patronized. The main criticism against the presidential system is

Thank you. hat we were involved in a tug-of-war struggle for power
between the president and the Congress. I remember MR. NATIVIDAD. So, the system itself, the parlia-
that. So, there was a hue and cry for a system whereby mentary system, as practicedother countries whereby
in
there will be less check and balance. In a parliamentary the Cabinet members same time,
initiated and, at the
system we will be given enough rope to hang ourselves implemented programs as Members of Parliament, did
without the traditional check and balance. not bring about abuses.
I agree in part with Commissioner Villacorta. We are
arguing the facts of life here. I am here not to apologize FR. BERNAS. That is my own impression.
for anybody. In fact, I would admit many things in
order to arrive at a better Constitution for our country. MR. NATIVIDAD. Thank you. Commissioner Bernas.
I would not be here, if I were going to defend anybody.
THE PRESIDENT. Commissioner Bacani is recog-
So, while it is true that the parliamentary system may
nized.
be more responsive, I would like to ask Commissioner
Bemas: Does the semi-parliamentary system deal with
BISHOP BACANI. Thank you very much.
problems like initiation and implementation of pro-
grams? Remember that the Members of Parliament who My questions are directed to Father Bernas.
were also Members of the Cabinet were the chairmen of I have three questions. Suppose we do not use the
the committees. They initiated and implemented pro- economic benefits simply as the primary factor but
grams like those on public works. When they ran for rather the promotion and the safeguarding of equality
reelection, they ran as incumbents, and they were per- and participation among the people, which is the more
ceived by the people as havingundue advantage over the responsive kind of government, the presidential or the
other candidates. In other countries, how do they avoid parliamentary?
such perception? I am referring to parliaments where
Members of the Cabinet innovate, author or sponsor FR. BERNAS. I think that for as long as you do not
programs which they themselves implement. Again have a measure of economic equality, then all other
when they run for election, they run as incumbents. equalities or liberties become largely ephemeral because
Unlike our Congress days, we were not Members of their protection depends on the economic balance. In
the Cabinet, and we had no plethora of executive sup- other words, when we draft the Constitution, we will
deal with two things: First, we try to identify values
—
port. We ran for Congressmen on our own. I did not
experience what Senators Padilla and Soc Rodrigo expe- the values we want to protect and emphasize; second,
rienced, but I did experience running three times as a
we design systems which will promote and protect those
Congressman. So considering the Gentleman’s depth of values. So, if we say that for us economic equality is a
research and knowledge on the matter, what have other value which must, at all cost, be promoted, then we
countries devised to prevent the birth of discontent of must design systems which will insure that this value
then constituencies in a situation like that? will be protected.
FR. BERNAS. I really have not made a very thorough BISHOP BACANI. Maybe some people are right when
study on But since Commissioner Natividad made
this. they say that, if you want the economic situation of the
as a point of departure his experience under our semi- poor to improve, then you must give them more polit-
parliamentary system, perhaps I would begin by the ical power, and this will enable them to rise up even in
observation that it is very difficult to use it as a starting the economic structure. That is why I would like to
point because it is a very peculiar thing. If the incum- propose that the economic factor should not be made
bents under that system enjoyed extraordinary power the primary criterion of responsiveness. It is just an
and advantage, it would seem to me that it was not so observation.
much because was a parliamentary system but because
it The second question Filipinos do not have a
is: We
very strong national consciousness at present. We are
they shared in the overwhelming advantage which
executive power had over anybody else. This is not true
really building a nation now. Considering this factor,
in other real parliamentary systems. So, if you have a
will a federal form of government go counter to the
growth of national consciousness at this stage of our
situation where the parliamentarians do not have the
overwhelming support of an omnipotent executive, I
national development?
believe that problems of advantage or disadvantage,
which the Gentleman may have encountered, would not FR. BERNAS. would answer that question by
I
take place. I am not aware that in the parliamentary saying that when you are building a strong unity, you
system of Britain or even that of Japan, the incumbents must build strong individuals, because only strong
first
necessarily enjoy extraordinary advantage. As I said, if individuals can forge a strong unity. So for us to have a
the incumbents belonging to thfe ruling party — our strong national government, we must strengthen the
experience of the immediate past — were at an ad- local governments. If we go back to the history of the
vantage, it was because the ruling party was an over- United States, the lack of national consciousness on the
whelming ruling party due to the nature of the part of the original states did not prevent the Americans
executive power found in Amendment No. 6. from forming a strong national government. And they
succeeded precisely because they had already strong ADJOURNMENT OF SESSION

state governments.

BISHOP BACANI. Thank you.
adjourn the session until tomorrow at three o’clock in
Just a final question for my information. Can we have the afternoon.
both a parliamentary and federal form of government?
FR. BERNAS. Yes. Malaysia and Germany have both THE PRESIDENT. The session is adjourned until
forms of government, if I am not mistaken. tomorrow at three o’clock in the afternoon.
BISHOP BACANI. Thank you very much. It was 6:28 p.m.

— "
ft
*• '
I
V»> J ’’A t
'
i.f, •
•I
‘JAKt •
. .
«
WEDNESDAY, JUNE 4, 1986 35
R.C.C. NO. 3
Wednesday, June 4, 1986
Regalado Present
OPENING OF SESSION Davide . . . . .
, . . Present .
Foz . . . Present Reyes de los . . . Present

p.m., Garcia . . . Present'*' Rigos . Present
Munoz Palma, opened the session. Gascon . . Present Rodrigo . Present
Guingona . . . . . Present* Romulo . Present

THE PRESIDENT. The session is called to order. Janiir . . Present Rosales . Present
Laurel . . Present Sarmiento . . . . . Present

Suarez Present
NATIONAL ANTHEM Lerum . . Present .
Maambong . . . . Present Sumulong . . . . . Present

THE PRESIDENT. Everybody will please rise to Monsod . . . . . . Present Tadeo . Present
sing the National Anthem. Natividad . . . . . Present* Tan . Present
Present Tingson Present
Everybody rose to sing the National Anthem. Nieva . .
.
Present Trenas . Present

Nolledo . . . . . .
Uka Present
THE PRESIDENT. Everybody will please remain Ople . . Present .
Present
Present Villacorta .... .
standing for the Prayer to be led by the Honorable PadiUa . .
Present Villegas Present

Felicitas S. Aquino. Quesada . . . . . .
.
Rama Present
Everybody remained standing for the Prayer.
. .

PRAYER to the call.
The roll call shows 43 Members responded
MS. AQUINO. Almighty Father, in whose hands
of
liesthe destiny of people and nations, we implore Your THE PRESIDENT. The Chair declares the presence
healing grace on a world torn by strife and man’s in- a quorum.
humanity to man.
Grant us Your wisdom, strength and courage, for us
to be able to work for
the preservation of civil liberties
THE PRESIDENT. The Acting Floor Leader is recog-
and the upholding of human rights, to strive for a more

nized.
equitable distribution of the country’s wealth and
move we read and then approve
resources, and to be on the side of the poor, the MR. RAMA. I that
s session.
exploited and the victims of injustice. the Journal of yesterday
To this task, we commit ourselves in the name of there any objection?

Son, Jesus Christ, and the power of the Holy
THE PRESIDENT. Is
Your
move that we
Amen. MR. SARMIENTO. Madam President, I
Spirit.
;pense with the reading of

the Journal.
ROLL CALL
THE PRESIDENT. Is there any objection? (Silence)
the reading of the
Journal is
THE PRESIDENT. The Secretary-General will call e Chair hears none;
the roll. pensed with.
THE SECRETARY-GENERAL, reading: FR. BERNAS. Madam °"%t"uneT

|®’
Benias
tion on the Journal. i “s 3
Abubakar . . . . . Present
Alonto .... . . . Present* Rosario Braid . . . Present
Aquino . . . Present Brocka
rcooperation of AT LEAST TWO departments.
Azcuna .... Present Calderon Present*
, . . .
would like to commend the Secretariat

Bacani Present Castro de Incidentally, I
. . . . . .
the presentation
better summary than
,
Bengzon . . . . . . Present Colayco . Present making a
Bennagen . . . . . Present Concepcion . . . . Present iterday.
Appeared after the roll call

36 WEDNESDAY, JUNE 4, 1986
THE PRESIDENT. Is there any objection to the COMMUNICATION

correction on page 20, line 4 of the Journal of yester-
day’s session? (Silence) The Chair hears none; the Communication from Justice Porfirio V. Sison, Pres-
correction approved. ident of the Philippine Constitution Association, trans-
is
mitting a draft constitution prepared by the Philippine
Constitution Association.
APPROVAL OF JOURNAL
MR. RAMA. Madam President, I move for the ap- 1986)
proval of the Journal, as corrected.
To the Steering Committee.
THE PRESIDENT. Is there any objection to the ap-
proval of the Journal as corrected? (Silence) The Chair
DISCUSSION ON THE FORM OF GOVERNMENT
Continuation
hears none; the Journal, as corrected, is approved.
THE PRESIDENT. We have an Unfinished Business
MR. RAMA. Madam President. which is the continuation of the discussion on the form
of government.
there
May we know from the Acting Floor Leader if
nized.
are speakers for this afternoon.
MR. RAMA. I move that we proceed to the Refer-

MR. RAMA. Yes, Madam President, there are
ence of Business. speakers on the form of government in a freewheeling
discussion under the same terms as yesterday.
THE PRESIDENT. Is there any objection? ( Silence)
May I now call on Commissioner Villacorta.
The Secretary-General will read the Reference of THE PRESIDENT. Commissioner Villacorta is recog-
Business.
nized.
REFERENCE OF BUSINESS MR. VILLACORTA. Thank you very much.

Actually I was caught unaware when the Acting Floor
The Secretary-General read the following Proposed
Leader said that I was going to be the second speaker.
Resolutions on First Reading and Communication, the
But in any event, I just would like to react to the state-
President making the corresponding references:
ments of Commissioners Garcia and Tadeo with respect
to constitutionalizing people’s power in the different
PROPOSED RESOLUTIONS ON FIRST READING branches of government.
Proposed Resolution No. 30, entitled: In connection, the body might consider the
this
RESOLUTION PROPOSING THE CREATION OF ADDI- possibility of incorporating into the Article on the
TIONAL COMMITTEES. Legislative a provision on multisectoral representation

to the national Legislature. I submitted this as a
resolu-
Introduced by Hon. Suarez, Tadeo and Jamir. tion in view of the fact that there is a clamor to enshrine
To the Steering Committee. people’s power in the Constitution, and it seems that
one of the most effective means to achieve this ideal is
Proposed Resolution No. 31, entitled: to guarantee legislative representation to the different
RESOLUTION PROPOSING THE USE OF THE 1973 major sectors of Philippine society.
CONSTITUTION AS THE WORKING DRAFT IN THE In view of the express need to democratize the law-
EVENT THAT THE PARLIAMENTARY SYSTEM OF making branch of government, like to propose
I would
GOVERNMENT IS CHOSEN BY THE CONSTITU- that in addition to the regularly elected legislators based
TIONAL COMMISSION. on district or regional representation, there should be
Introduced by Hon. Suarez, Tadeo and Jamir. significant multisectoral representation in the legislative
body. These various sectors which include, among
To the Steering Committee. communities, womeri,
others, farmers, workers, cultural
teachers, professionals and students should elect their
own representatives to the Legislative.
RESOLUTION PROPOSING THE USE OF THE 1935 thank you.
That is all,
CONSTITUTION AS THE WORKING DRAFT IN THE
EVENT THAT THE PRESIDENTIAL FORM OF MR. RODRIGO. Madam President.
GOVERNMENT IS CHOSEN BY THE COMMISSION.
Introduced by Hon. Suarez, Tadeo and Jamir. THE PRESIDENT. Yes, Commissioner Rodrigo is
To the Steering Committee. recognized.

MR. RODRIGO. I would like to ask Commissioner MR. SUAREZ. Madam President, can I ask Com-
Villacorta a question for clarification. missioner Villacorta a few clarificatory questions?
I agree with Commissioner Villacorta’s idea of having
representation from different sectors such as: farmers,

THE PRESIDENT. Yes, Commissioner Villacorta
teachers, youth and others, but what are the mechanics
may yield if he so desires.
of electing these representatives?

MR. VILLACORTA. Willingly, Madam President.
MR. VILLACORTA. The specific mechanics can be
deliberated later, but offliand I think the election of MR. SUAREZ. Like Commissioner Rodrigo, I agree
sectoral representatives could be done from within the with Commissioner Villacorta’s proposal to implement
respective sectors. the idea on multisectoral representation in the form of
a constitutional provision, although this may be a little
MR. RODRIGO. Will the sectoral representatives be more difficult.
elected nationwide, let us say, all the women all over the Yesterday, Commissioners Tadeo and Garcia voiced
Philippines will elect a representative for women, and
out their sentiments regarding the possible exercise of
similarly for the farmers?
people’s power. Is my understanding correct when I say
that Commissioner Villacorta is in favor of sectoral
MR. VILLACORTA. Yes.
representation such that students, peasants, farmers,
laborers, and church workers would all be represented in
MR. RODRIGO. So, there will be different lists of
the government?
voters for farmers, for students and for youth.
MR. VILLACORTA. That is correct.

MR. RODRIGO. Is there any country in the world MR. SUAREZ. And because of the peculiar nature of
that has already experimented on this? our democratic system, we have a common desire to
veer away from what you and I consider elite de-
MR. VILLACORTA. Since we have just experienced mocracy, as distinguished from popular or pluralistic
a unique revolution, and we, are now in a unique chapter democracy; is that also correct?
in our history, I think we should look up to a brave new
world and come up with innovations. We start here with MR. VILLACORTA. Exactly.
a tabula rasa and we should come up with some imagi-
native ideas in forming our new government. MR. SUAREZ. I fully subscribe to Commissioner
Villacorta’s proposition. But let us take the case of
MR. RODRIGO. Does the Commissioner have any
simpleFilipino citizens, like Ka Jimmy, Ka Ed, Ka
imaginative but feasible idea?
Memong, Ka Bert, Ka Bilog, Ka Dante, Ka Joma, do we
envision that at some time in the future they should
MR. VILLACORTA. Yes. There are some ways by form part of the government?
which we could elect the members from the different
sectors. One system that we can look into is the pro- MR. VILLACORTA. That is right. Commissioner.
portional system which is
list practiced in West Ger-
many and in other European countries. Or we can
MR. SUAREZ. And to carry the example further, can
majority electoral system wherein the can-
simply call it simple citizens, like Ka Fred Villacorta and perhaps Ka
didates who get the majority vote become the rep-
Sensing, aspire to become senators of our country?
resentatives of the sector.
If this resolution is approved, then it would be up to MR. VILLACORTA. Yes.

us to determine the number of seats to be apportioned
to each sector. MR. SUAREZ. However, Ka Fred and Ka Sensing

However, I am implying that the Legislature
not at all would be prohibited from running or aspiring for a
political position until after the first elections called,
will be composed solely of sectoral representatives, but
from the ratification of thenew Constitution.
these should be in addition to the elected representa-
tives from various districts or regions.
MR. VILLACORTA. I was going to say that, but
MR. RODRIGO. I like the idea; but I would wait for even after one year, I have no political ambition.
a more concrete and feasible plan on how this will be
implemented. MR. SUAREZ. It is also ditto for this humble Mem-
Thank you. ber. I am only carrying the example to its logical con-
clusion. And so, as we envision in the future, God
MR. VILLACORTA. Thank you. Commissioner Rod- willing, with this new Constitution, a person like Ka
rigo. Jimmy, Ka Memong, Ka Alan, Ka Joma or Ka Dante
38 WEDNESDa r, JUNE 4, 1986
could very well become President of this beautiful MR. VILLACORTA. That is right.
nation of ours.
MR. DAVIDE. But would prohibit a member of a
it
MR. VILLACORTA. Yes, theoretically, although I
sector from representing the unclassified sector? Let us
did not have that in mind. (Laughter) take, for instance, a lawyer who is also a farmer, how
would we classify him? Does he belong to the pro-
MR. SUAREZ. Suppose Senator Rodrigo and I will
fessional or to the farmer sector?
be willing to join the Commissioner in drafting, for-
mulating and even sponsoring a provision that could MR. VILLACORTA. I think he will have to make a
effectively implement his thinking as presented before
choice.
the Commission, will the Commissioner be kind enough
to accept our offer? that choice be final, or can he
MR. DAVIDE. Would
opt to join the professional sector, and if he cannot win
MR. VILLACORTA. I am very much honored by the
the next political exercise can
in that political sector, in
offer of Commissioner Suarez. have already submitted
I
he also opt to become a member of the agricultural
a resolution which provides the general principles of my
sector?
proposal, but with respect to the specific mechanics of
choosing the sectoral representatives, I will need the
MR. VILLACORTA. Offhand, do not see any in-
I
help of Commissioners Suarez and Rodrigo and our
firmity in terms of running again under another classifi-
other colleagues.
cation.

MR. DAVIDE. In other words, once an individual
classifiedhimself as a member of a certain sector, he will
MR. VILLACORTA. Thank you.
be forever classified under that particular sector.
MR. DA VIDE. Madam President. MR. VILLACORTA. On the contrary, nothing should
inhibit a person from running under another sector. But
THE PRESIDENT. Commissioner Davide is recog-
I would have to give this matter much more thought.
nized.
MR. DAVIDE. Will the distinguished Gentleman yield MR. DAVIDE. Yes, becausehe will be allowed to
if
to some questions? change sectors, that might be dangerous. Anybody

could just claim himself to belong to a particular sector.
THE PRESIDENT. Commissioner Villacorta may A doctor of medicine, for instance, would just buy a
yield if he so desires. few fishing vessels and he could now join the fishermen
sector.
MR. VILLACORTA. Willingly, Madam President.
MR. VILLACORTA. The Commissioner’s point is
MR. DAVIDE. Democracy is not only in the national well taken.

level.Representation of different sectors should not
only be in the national assembly or in the lawmaking MR. DAVIDE. How many sectors has the Com-
body of the Republic. We have local governmental units missioner in mind?
such as the provinces, cities, municipalities and baran-
gays - the last being the basic local unit. How would MR. VILLACORTA. have not really given it a
I
the Commissioner propose representation from these count, but the teachers, the workers, the farmers, the
local bodies? cultural communities, the women, the professionals, the
students and the tribes or communities like those in
MR. VILLACORTA. Is the Commissioner referring
Mindanao should be allowed one representative each.
to the local councils?
MR. DAVIDE. The cultural communities are com-

MR. DAVIDE. Yes.
posed of several tribes. Would each tribe be allowed a
MR. VILLACORTA. I have not given it much representation?
thought; but now that the Commissioner has mentioned
it, I think we should be consistent in bringing down to MR. VILLACORTA. That would not be feasible.
the local levels the idea of multisectoral representation.

MR. DAVIDE. In other words, all those belonging to
MR. DAVIDE. In other words, in one barangay, for the cultural communities be entitled to so many
will
instance,we will have to classify the voters by sectors, number of seats, for instance, in the National Assembly.
aside from the general class who will be considered as
belonging to no particular sector. MR. VILLACORTA. That is right.
39
MR. DAVIDE. But would the Commissioner not otherwise we will be saddled with a lot of seats for
consider unfair because there are tribes which are
it various groupings. We would have to allocate the seats
more in number than the others? For instance, could only to the major sectors.
the natives of Surigao del Sur be without representation
at all? MR. DAVIDE. Only to the major sectors?
MR. VILLACORTA. I think they would have to MR. VILLACORTA. I made it clear that it should
workit out among themselves. only be for the major sectors.
MR. DAVIDE. Would that proposal be thesame with MR. DAVIDE. What would be the basis for deter-
respect to the other sectors? For instance, must the mining the major sectors?
farmers agree on one representation only?
MR. VILLACORTA. It should be the number of
MR. VILLACORTA. Depending on the number of members of the sectors.
seats allotted to their particular sector.
MR. DAVIDE. Would we, therefore, come to a point
MR. DAVIDE. Does the Commissioner have in mind where a particular sector, which is not classified as
the number of seats to be allotted to every sector?
major, would be without representation?
Would it depend on their number?
MR. VILLACORTA. Nothing would stop them from
MR. VILLACORTA. think the percentage of popu-
I
running at large. Could the Commissioner give an
lation would be an important factor to consider. In example of a sector which would be unclassified?
other words, we cannot possibly have the same number
of farmers’ representatives as that coming from the
sector since, numerically
MR. DAVIDE. For instance, the jobless or disabled
lawyers’ speaking, there are
persons.
more farmers than lawyers.
MR. VILLACORTA. Yes, but certainly they would

MR. DAVIDE. But would be flexible enough for
if it
have some kind of occupation before they became
every congress, the number would have to be increased
jobless.
depending on the increase in the population of the
particular sector.
MR. DAVIDE. Yes, but there are so many citizens
who are jobless. As a matter of fact, the unemployment
MR. VILLACORTA. That sounds reasonable.
problem has grown so high. There are about three
million unemployed. I do not know if the former Minis-
MR. DAVIDE. Basically, in the apportionment of
ter of Labor, Commissioner Ople, is still aware of
seats for the
National Assembly, we consider the popu- the
rise in unemployment problem. But, definitely,
lation of a particular area, say, one for every 250,000; about
district of 250,000 we have
three million Filipinos are without jobs, and millions
particular
but in that more are underemployed.
conglomeration of sectors. Kow would the
already a
Commissioner allocate the composition of the unclassi-
MR. VILLACORTA. If the Commissioner strongly
fied sector? thinks that the jobless sector should be given representa-
tion, I have nothing against it.
MR. VILLACORTA. The Commissioner’s question is
me. I am sorry.
not quite clear to MR. DAVIDE. Yes. In other words, in trying to allo-
cate and accommodate representations from
all sectors
MR. DAVIDE. Basically, in the apportionment of
especially the oppressed and the urban poor, let us also
seats for the
National Assembly, we consider the num-
allocate another sector for the jobless.
population. Let us assume that for one
ber of the
district with 250,000
people, one representation is
MR. VILLACORTA. If the Commissioner so wishes,
allocated to that group.
that could be considered.

MR. DAVIDE. That is necessary. But my main con-
cern, really, the mechanics. We must allow full rep-

is
MR. DAVIDE. But the 250,000 would itself be a resentation from every sector to make our democracy
conglomeration of several sectors. How would we allo-
real, genuine, and participatory. But let us work on the
cate now a representation for the unclassified sector?
mechanics.
MR. VILLACORTA. The unclassified sectors would Thank you.

have to run at large. In other words, we cannot possibly
give all sectors in the Philippine .society representation. MR. VILLACORTA. Thank you.
MR. SARMIENTO. Madam President. dient of that structure could be this element of greater
mass representation.
THE PRESIDENT. Commissioner Sarmiento is recog-
nized. MR. SARMIENTO. Thank you very much.
REV. RIGOS. Madam President.

MR. SARMIENTO. In connection with popular or
grass-rooU democracy, I filed this afternoon, Madam
President, a resolution to incorporate in the new Consti-
THE PRESIDENT. Commissioner Rigos is recognized.
tution a provision requiring the government to respect
and promote the right of the people to freely participate
REV. RIGOS. May I inquire from Commissioner
Villacorta about the statements he made a while ago. He
directly at all levels of decision-making, to encourage
the formation of authentic popular or grass-roots organi-
elaborated on his resolution that the mechanics of the
election of sectoral representatives could be provided by
zations, and to respect their autonomy or movements at
local, regional and national levels.
the legislative body. Let us say, 160 should be elected
and 40 should be allotted to sectoral representatives.
Madam President, may I request Commissioner The Gentleman is saying that the mechanics of appoint-
Bernas, the Gentleman from Bicol and alumnus of ing these 40 representatives could be set up by the legis-
Ateneo, to yield to a few questions? I am referring to lative body itself. In the previous system, it was the
Father Bernas. President who appointed the representatives of the

different sectors. Is it, therefore, within the Gentleman’s
THE PRESIDENT. Is Commissioner Bernas willing thinking that these 40 may be chosen by the elected
to yield to a few questions? 1 60 people?
FR. BERNAS. Yes, Madam President. MR. VILLACORTA. No, Madam did not
President, I
have that in mind. I was thinking of this 1986 Consti-

MR. SARMIENTO. Yesterday, Commissioner Bernas tutional Commission as the body to specify the mechan-
mentioned that one of the reasons against the presiden- ics in electing the sectoral representatives. I hope I did
tial form of government is that it encourages patronage. not give the wrong impression that I wanted the Legisla-
Am I correct? ture itself to set the mechanics. I wanted it to be
specified in the new Constitution.
FR. BERNAS. I did not say that. The Commissioner

REV. RIGOS. But the number of sectoral groups
may have misunderstood me. said that the economic
increases every now and then. If we put the number in
I
inequality in a nation encourages patronage. So,

the Constitution, it will be very difficult to amend.
whether we have a presidential or a parliamentary
system the situation will be the same. In other words,
MR. VILLACORTA. The mechanics of selection does
what I am citing now is what other people have said:
not have to include the specific numbers. In other
that we must distinguish between a political revolution
words, we could allow certain flexibility as to the num-
and a social revolution. The French revolution had three
ber because as the Honorable Davide has pointed out,
objectives: liberty, fraternity and equality. The Feb-
the percentage with respect to the population changes
ruary revolution achieved a certain measure of liberty
from year to year.
in that we dismantled the authoritarian structures. And
certainly there was a
of festive fraternity during the
lot
REV. RIGOS. Another point. Madam President.
revolution but equality still has to be achieved. And for
Commissioner Suarez gave several examples of people,
as long as we do not have equality, patronage, which
including Mang Joma. But he forgot to mention any
causes the loss of liberty, will always be encouraged.
Aling Maria or any woman. I am sure he did not mean
that. As I said, among the names he mentioned in the
MR. SARMIENTO. Will Commissioner Bernas agree example was Mang Joma. Of course, this is anybody’s
with me that patronage will be eroded, if not abolished,
name. But did we get the impression the Gentleman was
and equality will be achieved if we have mass-based
suggesting that the Communist Party be also represented
popular, authentic organizations composed of people in these sectoral groups?
who are “conscienticized” and politicized, who can
assert their political and economic rights? MR. VILLACORTA. cannot read the mind of Com-
I
mis.sioner Suarez but I think he was referring to Ka

FR. BERNAS. If the Commissioner will allow me to Joma not as a member of the Communist Party but as a
answer that question in a longer fashion, I would say teacher or to whatever sector he belongs.
that in order to achieve equality, we should emphasize
it as a value which the Constitution must protect. But REV. RIGOS. Thank you. Madam President.
beyond emphasizing equality as a value, we must create
structures which will protect that value; and one ingre- MR. VILLACORTA. Thank you.
THE PRESIDENT. Yes, Commissioner Rodrigo is In 1935 Constitution, we had a social justice
the
recognized. provision under the declaration of principles. It was
honored in speech, but it did not achieve an equaliza-
MR. RODRIGO. The short interpellation of Father tion of opportunities, much less the abolition of gross
Bernas brought out a very important word which I want inequities in an existing society. In 1971-1973, when
to clarify and that is the word “equality.” What is the the new Constitution was drafted, the social justice pro-
meaning of equality insofar as constitution-making is vision of the declaration of principles was expanded,
concerned, because there is a saying that all men are spelled out, to the effect that the state may regulate
created equal? A certain wit said that is not true; all property, profit, and so forth. But all of these had to be
men are created unequal. There seems to be truth in implemented by a legislative body which, under the sys-
this. Some are women, some are men; some are tall, tem that existed then, was an elitist legislative body. We
some are short. Even twins are not really
identical have removed property qualification as a requisite for
identical. And so, the way I understand “equality” is running for office. But the expenses needed to run for
that men are equal before God and before the law. office put all past property qualifications to shame.
Som? are talented, some are not; some are strong, some
are weak. So, may I ask Father Bernas the meaning of MR. RODRIGO. Madam President, can we say then
equality which we will strive and provide for in our that the principle should not only be equality before the
draft Constitution? law, but rather, those who have less in life must have
more in law?
THE PRESIDENT. Commissioner Bernas is recog-
nized. FR. BERNAS. Yes, those who have less in life must
have more in law.
FR. BERNAS. Yes, Madam President. At present, in
the literature on this subject, the word “equality” is MR. RODRIGO. Thank you.
used but it is not meant to be a mathematical equality.
What is meant when there is an appeal to equality is that MS. ROSARIO BRAID. Madam President.
everyone should have at least the minimum requirement THE PRESIDENT.
It is not absolute equality, because
Yes, Commissioner Rosario Braid
to live with dignity. recognized.
is
even if w® were to divide the world today into equal
parts so that each one would get absolutely the same
short period we would be unequal again
MS. ROSARIO BRAID. Madam President, I would
share, within a like to continue this reflection on the plight of those
because of unequality of talents, and so forth. What is who are unequal.
ifTiportant is that in a society, everyone should have the
I would like to raise this question to
opportunity to live with dignity. In other words, de- Commissioner
Bernas: What form of government would
niocracy should include a guarantee of freedom from be most
hunger, freedom from
want and not just the consecrated responsive to the aspirations of the majority
of our
liberties that
we usually talK of - freedom of the press, people living under subhuman conditions? I
want to
and so forth. concentrate first on the substance before we go
freedom of religion, to form
In a painting, the spirit, the transcendental
feelings of
MR. RODRIGO. May I go further. Madam President. the artists take precedence and suggest the form.
There-
be given by law the equal oppor- fore, allow me to let the disparities, the inequalities
Everybody should that
his livelihood, at least the basic needs of divide the privileged elite and the majority, surface.
tunity to earn The
Should the Constitution go farther than just giving gaps are not only economic but also social and cultural.
life
Should it take positive steps to see We have a small, modern-educated and Western-oriented
ual opportunity?
equality, at least in providing the basic elite on one hand, and a large majority who live
to it that there
is in
just provide the atmosphere that traditional cultures, on the other. Our middle class
needs, or should it
everybody equal chances? However, if he is lazy, which harmonizes the elite and the traditional culture
is
gives
disappearing. Our culture of poverty is also a culture of
if he does not work, then he does not get his basic
passivity. Traditional culture indifferent to govern-
needs. Or, should we say
that even if one does not work, is
him with the basic needs? ment because in the past decades, government was
the state will provide
a
distant entity to them. Many had
never seen a govern-
FR. BERNAS. I believe that there should be some ment agent, except perhaps the military. Total develop-
kind of penalty for those who are unwilling to work. ment can only happen if we have a participant citizenry.
Certainly, there should be equality of opportunity. But But our educational systems, both formal and nonfor-
situation, precisely to create this equality mal, are not able to provide the political education and
in our present
opportunity, the disadvantaged should at least social awareness necessary, if we have to participate as a
of
be given more support in law so that they could
initially
nation. But our educational and communications sys-
overcome some of the disadvantages they already have. tems are too centralized; they are neocolonial; they are
think very closely related to the irrelevant to the needs of small communities which need
And this, again, I is
problem of structures. skills tailored to the economic and social realities.

42 .
WEDNESDAY, JUNE 4, 1986
Therefore, would a presidential, parliamentary, semi- BISHOP BACANI. Madam President.

parliamentary or a federal type of government be able
to close these gaps? Perhaps in our consultations, when THE PRESIDENT. Commissioner Bacani is recog-
we of the
interact with the people, the representatives nized.
rural poor, the subsistence farmers and fishermen we
focus on their basic needs and aspirations. Then as we BISHOP BACANI. May I make a suggestion in regard
catalogue the existing functions and powers of the legis- to the point raised by Commissioner Bernas. Perhaps
lative and the executive, we should ensure that sharing this body could formulate a system of legislature where-
of power to the local communities should be a principal by the amount of property one owns can be used as a
consideration. Such devolution of power could respond criterion. Suppose 70 percent of our people are poor,
more effectively to the plight and aspirations of 50 or having a low income, and only 5 percent are rich, having
60 percent of our people who live under subsistence and a high income, in that case we will see that soon there
subhuman conditions. By focusing on these concerns, will be economic equality because those who constitute
we may be able to finally evolve a government that the 70 percent will make sure that they will also come
would truly respond to the narrowing of these dispari- near the opportunities, the privileges and the posessions
ties. enjoyed by those who belong to the 5 percent. I do not
believe that sectoral representation is the best in the
Thank you. Madam President.
sense that a certain fisherman will not necessarily be the
best representative of other fishermen; but I think there
FR. BERNAS. I am not sure if there is a question
is a common denominator, concern and aspiration of
there.
the people. They know they constitute 70 percent of
the people of the land and yet they get only a few of
SR. TAN. Madam President, may I ask Commissioner
the opportunities for self-improvement. So, there may
Bemas one question? be a common drive among them to bring about greater
equality.
THE PRESIDENT. Commissioner Tan may proceed.
THE PRESIDENT. Commissioner Tadeo is recog-
SR. TAN. Madam President, I am very interested in
nized.
the matter of equality of opportunity because in my
little experience with the urban poor, there is no class
mobility precisely because there is no equality of oppor-

MR. TADEO. Madam President, ito ay dang paglili-
tunity. If Commissioner Bernas thinks that the Constitu-
naw lamang sa mga sinabi ni Commissioner de los Reyes
tion can legislate something, is it possible that a legisla-
tungkol sa pagpili ng kinataw'an. Ito ay tungkol din sa
tion can bring about equality of opportunity, or is the
tanong ni Commissioner Rodrigo kung sino ang pipdi sa
root cause something else?
kinatawan, at sa tanong ni Commissioner Davide kung
ang kinatawan ay manananggol o magsasaka, at kung
sino ang dapat niyang katawanin. Pinag-usapan din natin
FR. BERNAS. go back to the relationship between
I
ang tungkol sa mga mangingisda, mga magbubukid at
values and structures. I think our task here is to choose
economic equality. Sinabi rin ni Commissioner Rodrigo
the values to be emphasized in our political system and
na mayroon daw pong mga taong tamad.
to design the structures which will enable the nation to
achieve these desires, to attain these values, and finally Lilinawin ko lang po ang sinabi ko kahapon na
to fortify them. And very much related with this is the “democractic representation in organs of political power
kind of legislative body we will have, because
is the it or form of government which will ensure the broadest
legislative body that creates policy; the legislative
it is class sectoral representation including proportional
body that allocates the financial resources of the nation. representation in legislature.” Ang ibig ko pong sabihin
So, I think uppermost in our minds should be that nito ay hindi po kamukha noong panahon ni Ginoong
question. What type of legislative system will deliver Marcos na nagkaroon lamang ng isa o dalawang kinata-
maximal benefits for the people who are in need of wan ang mga magbubukid. Kapag ang 75 porsiyento ay
benefits? What type of legislative system, for instance, binigyan mo ng isa o dalawang kinatawan at ang mga
can do something about the educational system? I kasama niya ay mga professionals, lulunurin lamang
think the inequality of opportunity is very much rooted ang kanilang tinig sa napakaraming mga taong iyan.
in the inequality of educational opportunity. If we can Hindi po ganoon ang ibig kong sabihin. Ang ibig pong
find a legislative system that is responsive to this prob- sabihin ng mga magbubukid, sa porma ng pamahalaang
lem, and which in the allocation of the financial re- kanyang ninanais, kung ang nakararami sa kanayunan ay
sources of the people wUl emphasize education for the magbubukid, magbubukid ang pinakamaraming kinata-
masses, then, we know that this kind of system will wan, susunod ang manggagawa, susunod ang minorya,
contribute very much to the upliftment of the poor. So, ang urban poor, ang estudyante, ang makabayang negos-
I do not think that this constitutional body could yante, ang taong simbahan, ang makabayang politiko, at
create the formula, but it should be able to create the iba pa. Sa tanong kung sino ang pipili, sa panig ng mag-
structures which will deliver the proper formula. bubukid, napakarami ng farmers organizations — nandi-
yan ang Kilusang Magbubukid ng Pilipinas, ang Federa- mga talampakan, pero ang lahat ng kanyang pinaghira-
tion of Free Farmers, ang Agrarian Reform Beneficiaries pan ay hindi kanya napupunta kundi sa napakataas na
sa
Association, at ang Pambansang Katipunan ng Samahang upa sa lupa, sa napakataas na gastos sa produksiyon at
Nayon. Makikita natin na napakalaki ng bilang ng ating sa napakataas na halaga ng bilihin. Talagang wala ng
mga magbubukid pero sila ay hati-hati. Ito ay ginawa ng halaga ang ating pera. Hindi siya tamad, mayroong mga
mga dayuhan sa tinatawag nating “divide and rule.” Sa dahilan. Suriin natin, bakit siya tamad? Mayroong mga
pamamagitan ng democratic representation, ang lahat ng dahilan kung bakit siya tinatamad. Katulad ng mangga-
samaliang ito ay mayroong pagkakataong magkaisa. At gawa, anong pagsisikap ang gagawin nUa sa pabrika kung
sino talaga ang pipili? Ang dapat na pumili sa kinata- PI 7 lamang ang kita nila?
wang sektoral ay hindi isang tao, tulad ni Ginoong Kaya gusto ko lamang linawin ang sinabi ko kahapon
Marcos, sapagkat ang loyalty ng isang kinatawang pinili na ang people power ay hindi nagtapos sa lansangan.
ay babalik hindi sa sektor kundi sa taong pumili sa Ang ibig sabihin ng people power ay isang kapangyari-
kanya. Kinakailangang ang loyalty ng kinatawan ay han o lakas ng mamamayan na magiging bahagi ng
bumalik sa kanyang kinakatawan. paghubog ng ating lipunan. Ito ang tinatawag na de-
Tungkol naman doon sa kinatawan na manananggol mocratic representation.
at magsasaka.ano po ba iyong “primary occupation”?
Dapat nating makita ang pagkakahati-hati ng uri ng MR. FOZ. Madam President, point of inquiry.
magbubukid — nandiyan ang rich peasants, dalawa hang-
gang limang porsiyento; ang middle class peasants, 15 THE PRESIDENT. Commissioner Foz is recognized.
hanggang 20 porsiyento; at ang poor peasants, 75 hang-
gang 85 porsiyento. Sino ang kakatawan? Siyempre ang MR. FOZ. Madam President, I am sorry to distract
poor peasants; hindi iyong rich peasants na iilan lamang. my colleagues from the lofty thoughts on the ideal form
Tungkol naman sa pagkakapantay-pantay o equality- of government, but I have a more mundane question to
para sa mga walang trabaho, kakatawanin sUa ng mang- ask. I would like to find out the status of the collation
gagawa. Sa punto ng magbubukid, ano ang ibig sabihin of our preferences for membership in the 15 commit-
ng “economic equality”? Ang lupa ang pinanggagali- tees v/hich the Secretariat had earlier listed. We know
ngan ng buhay naming magbubukid. Ngunit ang lupa ay very well that half of the work is in the committees.
inaangkin lamang ng iilan. Hindi ganyan ang kalooban Without the committees, this Commission is practically
sa lupa. Ang lupa ay nilikha ng Diyos para sa We
can go on discussing something like this but
ng Diyos useless.
lahat ng
kanyang mga anak subalit inangkin lamang we never get on with our work. So the concern is
will
iilang tao. Ang ibig naming sabihin ng “economic
ito ng the organization of committees. We have not even been
ay sundin natin ang kalooban ng Panginoon na
equality” fully organized. Madam President. My question is: What
kanyang lupang nilikha ay para sa lahat ng kanyang
ang is the status of the collation of our
Ang mga magbubukid ay kailangang may preferences for
jnga anak. membership in the 1 5 committees that have been listed
sapagkat kinikilala naming siyang panguna-
ariling luP^ before?
ng pag-unlad ng aming kabuhayan at ng
hing batayan
ayunan ang tunay na reporma sa lupa o ang pag-
THE PRESIDENT. The Chair
glad to inform the
is
lupang aming sinasaka. Sa pamamagitan nito, Commission that this afternoon we
already received the
apaunlad namin ang aming kabuhayan, lalawak ang complete list of preferences of the Members.
“purchasing power” at uunlad ang mga indus- Chair is still waiting for the Committee
But the
amings on Rules to
umunlad ang mga industriya, lalaki ang finalize the report in order that we may
lalaki ang suweldo ng lahat ng emple-
know just how
ng buwis, many committees we will have; how many members
equality ay mangga- will
Makikita natin ang economic be in a particular committee before the final
ng tunay na reporma sa lupa, listing of
sa pagpapatupad- membership can be done.
Vne.
natin ay nanggagaling sa lupa.
aekat ang kabuhayan
mag-anak na may lima hanggang MR. FOZ. Madam President, when is the Committee
rfvundin, ang isang
^ rn na anak ay magkakaroon ng tahanan, sapat na on Rules going to submit its report?
makakapag-aral ang mga
naâin sapat na damit,
at
^ ay makakalasap sila ng tmata- THE PRESIDENT. May we ask the Chairman of the
Sa madaling salita
pangunahing pangangailangan. Committee on Rules to answer the question?
wag nating
tamad, palagay ko ay
Tungkol naman doon sa taong
katotohanan ito. Naaalala ko tuloy iyong
MR. ROMULO. Madam President, Senator Sumulong
walang not here, so perhaps I can enlighten the body.
ibon na
sa isang lilipad-lipad sa itaas at is
kuwento tungkol
lumalangoy, “Hoy, tamad ka, isda.
sinabi sa isdang
Pero kung susubukm lamang THE PRESIDENT. Commissioner Romulo is recog-
Hindi ka sanay lumangoy.”
sa ilog at maranasan natin kung nized.
nating bumaba tayo
hindi siya tamad.
paano ang lumangoy, sasabihin nating
magbubukid, nagsisikap, nagbubungkal, MR. ROMULO. Madam President, we have been
Isipin ninyo ang
kinakain ng lupa ang kanyang meeting since you appointed us. We will meet again
hukluban na ang katawan,
tomorrow at one o’clock, so I think the report will be tion calling for the creation of more committees like
ready by Friday. the Committee on Labor, Committee on Land Reform,
Committee on Social Justice and Committee on Rural
THE PRESIDENT. The Chair understands that the and Community Development. We feel. Madam Presi-
deadline given to the Committee on Rules is Friday dent, that these sectors which will be represented by the
morning. said committees deserve equal prominence and projec-
tion. So, may we request the members of the Commit-
MR. ROMULO. Yes, I believe Commissioner Sumu- tee on Rules to take up this particular resolution when
long will have it ready by Friday morning. We have they discuss the proposed rules which could lead
attempted to formulate a schedule which will help the eventually to the approval of our permanent Rules,
body proceed as expeditiously as possible. Also, we have Madam President.
tried to simplify the Rules, which is already quite
simple. Commissioner Foz has given us several sug- THE PRESIDENT. Will Commissioner Romulo please
gestions on how we may abbreviate proceedings and we answer whether or not the Committee on Rules accepts
have taken this into consideration. So, I think. Madam this resolution mentioned?
President, on Friday we will be able to issue our
committee report. MR. ROMULO. Pardon me. Madam President.
THE PRESIDENT. Is Commissioner Foz satisfied? MR. SARMIENTO. Madam President, may I help
Commissioner Romulo? I am also a member of the
MR. FOZ. I have another question in connection with Committee on Rules. We have formulated a section to
what Commissioner Romulo has reported. After the meet that contingency. We discussed that matter this
Committee has submitted its report, what is the next afternoon. So we are not limiting ourselves to 5 com- 1
stage? Will the report, as submitted, be thrown to the

mittees. We are expanding the committees to include
Commission for further discussion? other committees suggested by the Commissioners.
MR. ROMULO. think necessarily so. We cannot

I
THE PRESIDENT. So the Chair will instruct the
legislate for the entire Commission. Ours, I take it, will
Secretariat to furnish the Committee on Rules with
be recommendatory and if the body, as a majority, finds copies of the corresponding resolutions. Is Commis-
it wise and prudent, then it may adopt our suggestions. sioner Suarez satisfied?
MR. SUAREZ. Yes, Madam President.

MR. FOZ.In that connection. Madam President, may
we suggest that instead of discussing the report of the
Special Committee on Rules in an open session like this,
the Members of the Commission meet in a caucus to Commissioner Ople is recognized.
discuss this proposed Rules, where Members would be
free to submit their own proposals to the set of rules as MR. OPLE. Madam President, I think the present
recommended by the Special Committee? preoccupation of the Commission is a very important
principle or value as Commissioner Bernas had earlier
MR. ROMULO. I cannot speak for the Chairman, but termed it especially in terms of an egalitarian constitu-
Ithink he has no objection to that. Probably, that is the tion and, in particular, an egalitarian legislature. I, May
most expeditious way of doing it because I am sure each therefore, request Commissioner Villacorta to answer a
of us will have specific suggestions on particular sec- few questions regarding the proposal for multisectoral
tions. representation, the proportions of which are not yet
determined for a future legislature under a new Consti-
MR. FOZ. Thank you. Madam President. tution. Is the Commissioner aware that the principle of
sectoral representation is nothing new, that it is an
the president. That will, of course, depend on integral part of the 1 973 Constitution?
the pleasure of the body whether to take up the com-
mittee report in a caucus or in an open session. MR. VILLACORTA. Yes, I am aware of the nominal
or semantic provision for sectoral representation in the
MR. SUAREZ. Madam President, parliamentary in- Marcos Constitution.
quiry.
MR. OPLE. Does the Commissioner know that there
THE PRESIDENT. Commissioner Suarez is recog- were actually warm bodies sent by the respective sectors
nized.
to represent them in the defunct Batasang Pambansa?
MR. SUAREZ. Madam President, Commissioners MR. VILLACORTA. Madam President, if I may say
Tadeo and Jamir and myself have submitted a resolu- so, what Commissioner Ople had under the Batasang
Pambansa of Mr. Marcos was a sectoral misrepresenta- there is at work what Malinowski calls the “Iron Law
tion rather than sectoral representation. of Oligarchy,” even for the disadvantaged sector. A
small band of leaders will emerge through natural selec-
MR. OPLE. Yes. Of course, the Gentleman is express- tion in order to speak for them. I do not think we ought
ing a valued opinion. to lose sight of the fact that it was a lawyer, a full-time
revolutionary, the son of a distinguished family of noble
MR. VILLACORTA. I think I am stating a fact be- heritage in Russia, who organized the disadvantaged
cause the sectoral representatives were not elected; the groups, the workers and the farmers. That was Vladimir
respective sectors were not even consulted. They were Lenin. There is, I repeat, an iron law of oligarchy. Any
beholden to the President then and were appointed by kind of mass-based organizations will have to generate
Mr. Marcos. a small group that will speak for them, negotiate for
them, and perhaps install their representative in a
deliberative body.
MR. OPLE. That is precisely the point I would like to
seek some enlightenment about. During the period of The notion, therefore, that you can have a purely
the Batasang Pambansa, there were 14 sectoral rep- egalitarian structure is somewhat flawed. You have to
resentatives: those representing the youth, the workers recognize the
fact that a society functions through
and the farmers. I hope that one of them who is here leaders. We
have to recognize the fact that across 2,000
will not later on stand up to protest against discrimina- years of the experience of democracy since Athens and
tion because they were denied their pay
whereas the since the forum at Rome, no one has improved on the
other elected Members of the Batasang Pambansa were one-man-one-vote as the basis for a democracy.
allowed to collect their pay for services rendered. But in
know,
Now, of course, at this point, I feel like requesting
any case, the Commissioner might want to as part
Father Bernas to address some questions concerning
of the background to his proposal, who chose the
work-
equality itself. I just wanted to give a contemporary
ers’ representatives, the sectoral representatives, the
background experienced by some of us as an input in
youth representatives, and the farmers’ representatives the proposal he has put forward which, in some agree-
in the Batasang Pambansa. Basically,
the law provided
able and practical form, we hope we can support in
for an electoral college, but who composed the electoral
the course of the deliberations of the Constitutional
college for workers? I think Mr. Marcos saw to it that
Commission. I sketched some of the difficulties but I do
those who composed the electoral college were capable
not want the Commissioner to feel daunted by them. I
of sympathizing with his policies. And so, mainly, the think they can be surmounted.
sectoral representatives were drawn from the Trade
Union Congress of the Philippines at that time, which is Thank you very much, Mr. Villacorta.
not to say that the TUCP did not change its political
position later. Many of them supported President MR. VILLACORTA. Madam President, may I just say
Aquino in the elections. Who chose the farmers’ sectoral a few words.
representatives? Not Commissioner Tadeo but the
Federation of Free Farmers, Huks, Vets, and FAITH,
THE PRESIDENT. Yes, Commissioner Villacorta.
identified with Mr.
Luis Taruc, and many other organi-
Association of Land Reform Beneficia-
tions like the MR. VILLACORTA. I am happy that
despite the
ries and
the Samahang Nayon. Therefore, they consti- traumatic experiences under the oppressive
college which nominated the sectoral Marcos
ted the electoral dictatorship which cloned the mind-set on
to the Batasang Pambansa, and it was which the
enresentatives Commissioner based his premises, he is open to
the
understandable to politicians anyway that Mr. Marcos idea of multisectoral representation.
of nominees considered
would tend to favor names
^mpathetic to his own policies, if not to himself. MR. OPLE. I think the remarks are bordering on the
Are we to understand
This is half of the controversy. unparliamentary. That is just a notice of what I intend
that in a future
electoral college for workers, the KMU to do.
will now substitute for the TUCP, on the same grounds
considers them closer to her own MR. VILLACORTA. am happy
that the President Yes. But I to note
than the others? Will this mean
basic political thinking that he open to the idea of a multisectoral representa-
is
Pagkakaisa ng Magbubukid will
that Jaime Tadeo of
the tion with some improvements which I hope he will help
the Federation of Free Farmers and us formulate. I think we live in a different atmosphere
just substitute for
for Mr. Luis Taruc’s
Huk, Vets and FAITH organiza- now; it is no longer the atmosphere of repression that
that in the case of the students,
tions'^ Will this mean we had just experienced, and it would be an insult to
UP will substitute for the Kabata-
Chito Gascon of the the intelligence of the farmers, the fishermen, and the
colleges?
ang Barangay in the electoral workers to say or to imply that they would not be able
talk of giving all the disadvan- to choose from among themselves the best representa-
It is all very well to
winning elections tives for their respective sectors. I do not think that
taged sectors incapable of otherwise
basis of scats in a legislature; but they will allow, especially at this heightened level of
a one-man-one-vote
consciousness among our people, that the more elitist are probably less than one thousand in the Soviet
among them will represent them. Union, and there is no question that there is greater
I also think it is an oversimplification to say that the economic equality in the Soviet Union.
KMU will be the favored labor union by the President Does this translate into political equality? Yes, one
and that Ka Jimmy’s organization is the favored man, one vote. But you have no choice of political
farmers’ organization. I think that that is also a very party.
unparliamentary remark.
In the United States the economic equality is in-
finitely greater. The equality of opportunity as such,
MR. OPLE. I was citing a hypothetical example with-
perhaps, is also higher.
out any malice whatsoever. This is a forum of pro-
nounced biases and I have no objection to these biases In China — I am just laying the premise for ques- my
being articulated if it is understood that they can be tion to Commissioner Bernas — the tendency in recent
reciprocated in full. But may I now request, if the times under Mr. Deng Xiaoping is to allow a little more
Madam President agrees and the body agrees, that the inequality, from the sameness of one billion people,
Honorable Bemas answer a few questions concerning they are allowing some degree of differentiation in
equality as a whole. equalities, a greater diversity of incomes, and perhaps of
class. I think this is why Mr. Deng Xiaoping has become
FR. BERNAS. I will be glad to. such an attractive, romantic figure on the world stage by
allowing some inequality in Chinese society as distin-
MR. OPLE. Thank you. guished from the more orthodox type in the Soviet
Union.
THE PRESIDENT. Will Commissioner Bernas yield? May I inquire from Commissioner Bemas whether he
has pondered upon the comparative attractions of these
FR. BERNAS. Yes, with pleasure. models of equality, in the sense that these are actual
living models available to this institutional body, and
MR, OPLE. have been impressed with the presenta-
I
upon the extent to which they have adjusted their
tion of Commissioner Bernas on the value of equality. I
structures, their parliaments, their laws, in order to
dreamt at one time of going to the Ateneo University,
achieve a predetermined vision of society? In the case
but my class origin would allow me only to go to the
of the Soviet Union: equality especially through the
MLQ University, which is not an admission of any
centralized allocation of resources and five-year de-
distribution of ranks between two universities.
tailed economic objectives. In the case of China: a break
But equality has already been tested constitutionally from the old ideological matrix to allow some competi-
and structurally through a good period of human his- tion, some In the case of America: an
inequality.
tory, and we are very well acquainted with some of the
environment which, from the point of view of the two
major models that have emerged from the test of time. models, is entirely responsible and unequal, and yet
There is the Soviet model — the 1917 model; there is
dedicated to fostering growth and equality through
the American model which is not exactly representative
competition, through opportunity, through initiative.
of this type of democracy but is probably in most ways
the most familiar with us. There is also, it is said, the And so, Commissioner Bernas, being a very
will
Japanese model. In the case of the Soviet model, and let famous authority on the subject, favor us with some of
us admit it, also the Chinese model, I think the thrust his views concerning these concrete models of equality
toward human that I have enumerated.

equality is built-in.
The accent is in preventing inequality, which means
that no one can grow too rich. It is a scandal when FR. BERNAS. I would say I am hardly an authority
there are somany who are very poor; which, of course, on the Soviet or even on the Chinese system, so I have
does not prevent that system from generating its own not studied very closely the structures of the Soviet and
inequalities. May it interest you to know, since I am the Chinese Communist governments.
Chairman of the Philippine-Soviet Friendship Society,
that in
But perhaps certain historical observations might be
Moscow, there is a lane reserved exclusively for
the members of the Politburo, and if you are
in order. Both China and Soviet Russia were scenes of
not part a revolution, and studies have been made of the pro-
of that hierarchy, it is prudent for you to stay out of
cesses that follow a revolution. This is particularly true
that lane as a motorist. And, of course, it is very well
perhaps of Soviet Russia when the Czars were over-
known in that country that unless you belong to the
thrown. They were overthrown by relative moderates.
Communist Party, you have no access to some of the
The experience of Russia was of moderates using the
facilities where goods from the West are available on a
same structures and systems of their predecessors in
highly selective and restrictive basis.
order to try to achieve the goal that they wanted, but
And yet, we also know that there are not too many efforts were found wanting. And the process of levelling
millionaires in the Soviet Union. There are 250,000 did not take place until the radicals took over. To a
millionaires in the United States; in ruble terms, there great extent, it was a bloody experience.
I think there is a similar pattern in the history of the MR. LERUM. May I be allowed to answer certain
revolution in China — the levelling took place when statements made by another Commissioner regarding
radical elements took over and the take over involved sectoral representation in the interim Batasang Pam-
a substantial amount of bloodletting. bansa.
So, the levelling followed; the equalization followed May I proceed. Madam President.
but apparently even these were not satisfactory. There
was a search for something more stable and gradually THE PRESIDENT. Commissioner Lerum may pro-
the moderates took over again. And I think that is what ceed.
happened in China now. Deng Xiaoping, by communist MR. LERUM. Thank you.
standards, I think, would be considered a moderate. But
the Commissioner says Deng Xiaoping is allowing I was forced to speak because of certain statements
equalization, and so forth. made by another Commissioner regarding sectoral rep-
resentation in the interim Batasang Pambansa. It is not
I have been reflecting on this myself. We have a correct to say that the Members of the interim Batasang
situation of great inequality now and other nations have Pambansa were selected or appointed by the President.
had the experience of levelling via massive bloodletting. That is not true. What is true is that under the Election
And the question I asked myself is: Is it possible for us Code of 1978, there was a provision for sectoral rep-
to achieve greater measures of equality and, at the same resentation.
time, avoid a bloodbath? That seems to be the chal-
lenge which we face. And it seems to me that it comes The sectoral representatives were voted upon, in the
down really to choosing processes which are nonviolent. case of labor, by the labor representatives from the
different Sanguniang Bayans. These labor representa-
Let me just, perhaps, give some examples. Will we tives met on a certain date in the provincial capital and
have the political determination to set legal limits on they chose one delegate to represent them in the elec-
property ownership? And, second, would we have the tion of the sectoral representatives. In addition to this
political determination to be able to use the power to representative from the Sanguniang Bayan, organized
tax as an instrument for equalization? These are labor was assigned ten delegates to be chosen by the
unbloody instruments which are available to us. recognized federations; Metro Manila was allotted ten
I am
not familiar with the tax system of other coun- delegates.
tries; am not even very familiar with our own tax
I
In the election of delegates for organized labor, all
system. In a conversation with several distinguished ten delegates came from the Trade Union Congress of
foreigners recently, I asked them how their tax system the Philippines; not a single vote was received by any
compares with our tax system. They said that our sys- other federation. These ten delegates from the Trade
at all. One of them, for instance,
tem does not compare Union Congress of the Philippines, plus the ten dele-
his country if one had an annual income of
said that in gates from the City of Manila and the delegates from
$18,000 he would be taxed by 65 percent. This is an the provinces and chartered cities, met on the 27th of
instrument for levelling. May 1978 to cast their votes. In the said election for
to the Commissioner’s question, I must

Luzon, Assemblyman Ocampo received 51 votes; your
To go back
admission that I do not have familiarity humble representation received 42 votes, and we were
begin with an
Soviet Union or China. But I proclaimed as representatives of labor for Luzon,
with the system of the
resenting the workers.
rep-
patterns in the historical
think there are certain general
development of the two nations which we can ponder So it is not correct to say that we were creatures of
question we Mr. Marcos or that we were chosen by Mr. Marcos
on and learn lessons from. And perhaps the as
should face is: Can we achieve a measure of equality, shown by our Record in the Batasang Pambansa. We
greater equalization levelling for the purpose of uplifting have here Commissioner Davide who was a Member of
the greatly disadvantaged without having to
resort to the interim Batasang Pambansa, as well as Commissioner
bloodbath? Ople. The Record of the Batasang Pambansa shows that
a
the sectoral representatives, even opposed
in fact,
cabinet bills. am referring to Cabinet Bill No. 45, now
I
MR. OPLE. thank Commissioner Bernas very much.
I
Batas Pambansa Big. 130 which provides for the restora-
I thought I would introduce a
larger parameter of our
tion of the right to strike and Cabinet Bill No. 49 which
debates on equality to include some of the models that
became Batas Pambansa Big. 227. The Record of the
have been acclaimed many times in our own time for interim Batasang Pambansa shows that we, from the
offering equality but which involve certain trade-offs in
sectoral group, opposed these two bills and had ex-
some other values that we hold dear. tended debates on the subject. Minister Ople, who was
the Chairman of the Committee on Labor, is here and
MR. LERUM. Madam President.
can attest to this.
THE PRESIDENT. Commissioner Lerum is recog- As a matter of fact, I remember that there was only
nized. one proclamation by the President calling for a special
48 WEDNESDAY, JUNE 4. 1986
session as a result of our opposition to Cabinet Bill THE PRESIDENT. The session is resumed.
No. 49. Because of our opposition to Cabinet Bill
No. 49, the approval of his bill was delayed. And so, in
MR. BROCKA. Madam President.
order to expedite its approval, the President called the

Batasang Pambansa to a special session.
MR. RAMA. Madam President, since there are four
more speakers, may I ask that Commissioner Brocka be
have a lot more to say, but I am requesting the
I
recognized first.
Members of the Commission to read the Minutes of the
committee meetings, the Journals and the Records of THE PRESIDENT. Commissioner Brocka is recog-
the Batasang Pambansa to confirm what I have just said. nized.
In the case of the Regular Batasang Pambansa, it is
correct to say that we were appointed by the President, MR. BROCKA. I just want to react to Commis-
, but the appointment was the result of the provision of sioner Ople’s comments on Commissioner Villacorta’s
law that was approved by the Batasan. I remember that proposal. I do not know if it will sound irreverent, kung
we stayed up to about four o’clock in the morning in ako ay magsasalita. Nais ko sanang sumagot kangina
the committee discussing this provision. pero nawalan ako ng buwelo. I think 1 am speaking in
However, it does not mean. Madam President, that behalf of the Members of this Commission who are new
because we were appointed by President Marcos, we and are not familiar with parliamentary procedures or
were creatures of President Marcos. This Representation with the language that is being used. 1 hope the Presi-
has never been a creature of any President. I have served dent will bear with me as I make some comments on
several Presidents and I have been appointed by them Commissioner Ople’s statements
even if I did not vote for them. The
example of thislast
Basically, it is on what the Commissioner spoke of:
is the present. I did not vote for President Aquino. I leadership and oligarchy. I am very much impressed and
voted for Mr. Marcos and I did not know I was to be fascinated to listen to such experienced parliamenta-
chosen by her to represent labor. When President rians. It is such a learning experience for — and I me
Quirino ran and Senator Laurel opposed him, I voted mean this very sincerely — but when he speaks of leader-
for Senator Laurel but later on, Quirino appointed ship, of oligarchy and all that, while being open to
me to the Labor Management Advisory Council. In Commissioner Villacorta’s having a multisectoral rep-
the case of Mr. Garcia, I did not vote for him; I voted resentation in the government. Commissioner Ople’s
for Mr. Yulo. Later on, I was appointed by President very brilliance and articulateness argue very precisely
Garcia to be a member of the Social Security Commis- for a multisectoral representation in the government.
sion. In the next election after that, I voted for Pres- Naniniwala akong higit na kailangan dito ay ang mga
ident Garcia, not for Mr. Macapagal. Later on. President taong “representative” ng mga taong maliliit upang
Macapagal reappointed me as a member of the Social masimplehan ang lengguwahe at nang maintinddian ng
Security Commission. So it seemed that it was my luck lahat ang ating ginagawang Konstitusyon sa kasaluku-
to be appointed by the very person I did not vote for. yan.
Madam President, want to defend myself from
I just As I said, while the Commissioner’s talk is very
the statement that because I was chosen by President
impressive, somehow one gets lost in the arguments and
Marcos in the interim Batasang Pambansa, I was then his impressed with the brilliance of it all. Ang ibig kong
creature. That is not true. And even if I had been ap- sabihin, ’yung maliliit na tao, sa ganitong sandali, ay
pointed by him, it does not mean that I will follow him. may gustong sabihin. Ngunit mali ang sinasabi ng katu-
Even in this Commission, Madam President, I will be lad nating mga lider na tayo lamang ang makakapag-
independent but at the same time I will have to vote in articulate sa kanilang ibig sabihin. Ang mga tao ngayon
accordance with instructions from my sector. When I ay nagsisimula nang ipakita na mayroon silang ibig sabi-
had my appointment, it said: “Labor Leader Eulogio hin at mayroon silang lakas para sabihin iyon. And I
Lerum” which means that I am representing the labor think all they need is an opportunity.
sector and that I will be bound by instructions from it.
Of what Commissioner Ople spoke about is
course,
Thank you. Madam President. true. Subalit, ang pagkakaalam ko, kaya tayo naririto
ay upang baguhin ang sistema. Kaya tayo naririto ay
THE PRESIDENT. Thank you. Commissioner Lerum. upang bumalangkas ng isang Konstitusyon na makatu-
tulong sa pagbabago ng sistemang tinatalakay natin
SUSPENSION OF SESSION ngayon. Tinukoy ito ni Commissioner Bernas nang
kanyang sabihin na anumang structure o porma ng
;
THE PRESIDENT. The Chair suspends the session. gobyerno ang ating pag-uusapan ay mawawalan ng
It was 4:59 p.m. saysay at kahulugan kung hindi natin lulutasin ang pro-
blemang pang-ekonomiya. Kung walang pera ang mga
tao at sila ay nagugutom, ano pa man ang sasabihin at
RESUMPTION OF SESSION isusulat natin, bagama’t ang mga ito ay magandang
At 5:26 p.m., the session was resumed. pakinggan at tingnan kagaya ng “all men are created
equal,” ang mga ito’y mawavvalan ng bisa at kahulugan thus, actually strengthening through legal process the
sa maliliit na tao. Ukol sa sinabi nina Commissioners economic inequality which already exists. Real liberty
Benias, Tadeo at Garcia, I would just like to say that and equality can exist only where there is no unem-
perhaps while we are discussing the form of govern- ployment and poverty and where man is not haunted by
ment we should likewise consider it a priority to discuss fear of being deprived tomorrow of work, home and
our economic problems. I would also like to agree with bread. Only in such a society is real, personal and ever>'
what Commissioner Bernas said that the structure of other liberty possible, not in paper. In short, the con-
government should be expressive of the value of the cept of liberty and equality become transcendental
people. guarantees, unless the people are given the basic necessi-
ties of life to make them truly equal to the others. That,
lyon lamang po.
as I perceive from the Members of this honorable
Commission, would be delving more into the substance
MR. RAMA. I ask that Commissioner de los Reyes
of government rather than fonn.
be recognized.
But to accomplish these goals, I submit that we have
THE PRESIDENT. Commissioner de los Reyes is to change our concept of property which will perhaps
recognized. be discussed more extensively when we come to tackle
the principles of our government, the economic system,
MR. DE LOS REYES. Madam President, have been
1 whether we shall have capitalism, socialism and other
listening to the discussions in this Assembly and I related subjects.
believe that we should pay more attention to the sub-
subject for today and yesterday, as I understand
The
stance of government rather than form so that the
it, merely the fonn and structure of our government-
is
government will truly be of the people, for the people
and by the people. Ayon sa sinabi nga ni Ka Jimmy the manner of electing our officials, how to remove
Tadeo, isang pamahalaan na tunay na para sa masang them, if they do not meet the expectations of the
Pilipino. people, who should be given more opportunities to par-
ticipate actively in the affairs of the government. The
The French, in their declaration
of the rights of men right to choose an official through an election does not
and citizens issued in 1789, declared that the inalienable
seem to be enough. Oftentimes, people make the wrong
rights of man are liberty, property,
security and the choice and they have to wait for another election in
right to resist oppression. Under this banner,
the rising order to terminate the unsatisfactory services of their
capitalists of France rallied the other
members of so- chosen representatives. And what is worse is that the
ciety the workers, peasants and intellectuals.
This is so-called people’s representatives do not become their
what is actually happening now in our country - the
true representatives but protectors of vested interests
fight against the special privileges of feudalism.
inimical to the general welfare. And they enact laws to
the time the 1795 Constitution of France was
By protect vested interests and not laws for the masses.
passed, the right to resist oppression no longer seemed
What we should study, therefore, because we have
desirable as the new rulers substituted “equality” for it
given preferential treatment to the form of government,
— equality before the law and not economic equality. is a device by which the masses of our people could
These the productive forces of private
rights set free
- prevent or minimize the repetition of their mistakes and
enterprise then, the necessary foundation of econo-
— how they could participate continuously in the affairs
mic progress and proclaimed an almost unfettered
of the government in the event that their chosen rep-
individual ownership of property for the purpose of
resentatives fail to do their job.
profit making. Liberty and equality were proclaimed,
but today, a society where liberty, freedom and
we have Narinig ko ’yong mga mungkahi na magkaroon daw
equality are actually enjoyed by only a few and not by tayo ng sectoral representation at binigyang pansin ni
the masses of our people, thus giving rise to the saying
Commissioner Ople na mayroon na tayo niyan subalit
that some people seem to be more equal than the rest.
hindi ito nagkabisa sapagkat ang mga iba’t ibang sector
ay mahirap pagkaisahin. The different sectors cannot
It is difficult what personal liberty and
to imagine unite, and it is choose which sector should
difficult to
equality can be enjoyed by an unemployed person who be given representation. And, therefore, I submit that
goes about hungry. According to Ka Jimmy’s census, perhaps it would be a good idea if we adopt the con-
there are 8.4 million unemployed people in our country. cept of initiative as followed in the State of California. I
Security of property does not protect the poor man in hope the Members will disabuse their minds of prejudice
his home and land against the landlord; rather, it pro-
on any constitution that is borrowed from foreign
tects the landlord in his right to evict his tenants. Free- countries.
dom of the press, under pre.sent conditions, insures the
owners of newspapers and columnists a million times What is this concept of initiative? I have with me the
the effective self-expression which is not enjoyed by the Constitution of California, and under Article II— Voting
ordinary man. And equality before the law gives to both Initiative, Referendum and Recall — this is how the
rich and poor equal rights to hire expensive lawyers. provision runs:
Initiative is the power of the electors to propose statutes Bakit malilimutan ang mga mamamayan? Pagkatapos
and amendments to the Constitution and to adopt or reject ng halalan, iyong kanilang representante ay nakaupo na
them. An initiative measure may be proposed by pre- lamang sa Batasan; hindi kumikilos. Nililimot na iyong
senting to the Secretary of State a petition that sets forth pangako sa mga mahihirap. Noong nangangampanya,
the text of the proposed statute or amendment to the
lahat pinangangako kahit na langit at lupa, pero pag
Constitution and is certified to have been signed by electors
nakaupo na hindi naman tumutupad sa tungkulin.
equal in number to five percent in the case of a statute, and
Itong initiative, kung hindi siya tumutupad, ang mama-
eight percent in the case of an amendment to the Constitu-
tion, of the votes for all candidates for governor at the last
mayan mismo ang gagawa, mapapahiya siya. So, the
representatives will be kept on their toes.
gubernatorial election.
Contemporary events appear to indicate that this
Samakatuwid, sa pamamagitan nitong “initiative” na Commission should heed the demands of the Filipino
ito - at ito ay hindi ko ideya kundi mayroon ho tayong people, that we frame a Constitution that will enable
modelo at ito ay ang Constitution ng California — halim- them to participate in a more direct and effective man-
bawa ay nagkamali ang isang distrito sa pagpili ng kani- ner in the affairs of our government uninterruptedly
lang kinatawan, sa halip na tumupad sa kanyang tungku- and continuously, not only during elections.
lin at hindi makagawa ng batas na makatutulong sa
nakararaming masa, ang mga tao mismo ay gagawa ng
kanilang sariling batas. Ito’y isasaayos ng isang namu-
muno sa pamahalaan, puwede ang Solicitor-General, THE PRESIDENT. The Acting Floor Leader is rec-
ognized.
sesertipikahan ng COMELEC na iyong mga pirma ay
tunay, kung 10 porsiyento o 20 porsiyento at pagkata- President, may I ask that the
MR. RAMA. Madam
pos iyang batas na iyan na hindi ginawa ng mambaba- Vice-President, the Honorable Ambrosio B. Padilla, be
tas kung hindi ginawa ng mga tao ay isusumite upang
recognized.
aprobahan ng tao.
Halimbawa, mayroon kayong programa katulad ng THE PRESIDENT. The Vice-President, the Honor-
urban land reform at saka agrarian reform, hindi able Ambrosio B. Padilla, is recognized.
makapasa-pasa sa Senado at sa House of Representatives
sapagkat maraming kinatawang humaharang dito dahilan
MR. PADILLA. Madam President, we all agree that a
sa sila ay tauhan ng mga may vested interests, mismo
constitution must not only guarantee the rights of the
ang mga mamamayan, sapagkat natutulog ang kanilang
people, but it should be an instrument of the people for
their own promotion and welfare.
kinatawan, ang gagawa ng kanilang batas upang isumite
sa bansa, at kung ito’y maaprobahan ng nakararaming In this freewheeling discussion as to the type of the
manghahalal ay magiging batas. new constitution — presidential, parliamentary, modi-
fied or mixed — we must all agree that there are many
Iyong system of recall ay binanggit na ni Commis- problems that have existed and are still existing, among
sioner Bernas at pakiwari ko ay maaari din nating them are:unemployment, poverty, lack of opportunity
i-adopt iyan upang pagkatapos ng kalahating term ng for work, the low standard of many of our people for a
isang opisyal na inihalal at nakitang wala siyang maipa- decent life with dignity. These many problems, mainly
kitang tulong sa kanyang mamamayan, sa pamamagitan economic or financial, will remain with us for gradual
ng isinaayos na petisyon ng kung ilang porsiyentong solution, whether we adopt a presidential or a parlia-
mamamayan, sesertipikahan ito ng COMELEC, ay mentary system. Many of these problems cannot be
magkakaroon din tayo ng recall. Mayroon din po niyan solved by simply drafting a good constitution. Many of
dito sa Constitution na aking tinutukoy. these problems, if not all, will have to be solved by
appropriate legislative measures to be adopted in con-
Madam President, 1 submit that time to be
it is
sonance with the new charter or fundamental law.
innovative and not to adhere subconsciously by force of
habit to the traditional concept of form and mode of Madam President, I would like to recall some his-
government. If we can incorporate in the Constitution torical antecedents in our constitutional history.
the concept of initiative and recall applicable to all of- popular
After the Philippine Bill of 1902 and the first
ficials, national and local, the people will be more
Assembly in 1907, where my late father. Dr. Nicanor
politicized. They will be the other legislature. Kung
Padilla y Escobar, who was a physician, had the honor
bicameral, sila ang pangatlo na lehislatura; at kung to represent the First District of the Province of Panga-
unicameral, sila ang pangalawang lehislatura. sinan, and thereafter, the Jones Law of 1916, we were
naturally under what we might call the tutelage of the
I imagine that if the people are given this right to
United States and we were following the presidential
exercise their political rights in a more concrete manner
system.
as in the “initiative” concept, the government will pay
more attention to them; their demands will be heard When was a law student in the U.P. College of Law
1
and not frustrated or rendered illusory by the inactions from 1930 to 1934, what I learned of constitutional
of their elective representatives. political law was mainly from our distinguished Pro-
fessor, Vicente Sinco, stressing, of course, the political The majority members of the 1971 Constitutional
system at the time of three separate and coordinate Convention, some of whom are presently in this Consti-
branches of government — the executive, the legislative, tutional Commission, had no intention to change our
and the judiciary — with proper checks and balances and Constitution from presidential to parliamentary system.
the proper exercise of the inherent powers of govern- But Mr. Marcos, I believe, was interested in changing the
ment, particularly the power of taxation, the police structure of our Constitution from presidential to par-
power and the power of eminent domain. liamentary, because he wanted to avoid or evade the
constitutional prohibition of a president remaining in
In 1934, a constitutional convention was called
office for more than eight (8) years.
which drafted the 1935 Constitution. This was the
recall that the President of the Convention, former
I
product of many brilliant minds, many patriotic leaders,
President Diosdado Macapagal, had sponsored, if not
among them, Claro M. Recto, the President of the Con-
actively supported, a motion or a resolution prohibiting
vention, Manuel A. Roxas, the first President of the
reelection, and that was considered by Malacanang as
Republic, Justice Jose P. Laurel, President during the
directly pointed against Mr. Marcos. When the voting
Japanese occupation, Justice Manuel Briones, Senator
came after lengthy debate, the proposal against reelec-
Vicente Francisco and many other illustrious names.
tion was lost, which proved that Mr. Marcos had more
The 1935 Constitution has been our fundamental members supporting him in the 1971 Constitutional
law during the Commonwealth and after Independence Convention than those who had elected Macapagal
in 1946. Many consider the product
of the 1934-1935 President, after its first President, Carlos P. Garcia. For
Constitutional Convention as a good Constitution. The President Macapagal to continue in office as President
term of the President was for six years without reelec- of the Convention, he had to count on the support of
tion, but President Manuel L. Quezon suggested
and the Marcos members. Indeed, that was a very sad
supported two (2) constitutional amendments: (1) the situation. The proceedings went on towards the draft-
one term of six years to four years with only one re- ing of the 1973 Constitution, where a number of
election and (2) the senatorial districts, which were objectionable provisions, particularly the transitory
composed of several provinces, were made national for provisions, were inserted in the 1935 Constitution. I
a Senate whose
twenty-four members were elected will only mention one — that in the Bill of Rights
nationwide — eight Senators every two years. That 1935 against warrants of arrest and/or unreasonable searches
Constitution, Madam President, was considered satis- and seizures, which are essentially judicial in nature to be
and even desirable. Of course, it cannot be per- determined by the judge upon examination of the com-
factory
fect, as no
human product is perfect. Our history plainant and the witnesses he may produce. The
elected Presidents, President Roxas and
1971
records that our Convention inserted the objectionable phrase “or
any
Presidents that followed hun - Quirino, Mag-
the other other officer authorized by law,” which means
savsay, Garcia
and Macapagal - were only elected for Executive, like Mr. Marcos, or the Minister
that the
Marcos was elected President in 1965 and of Defense
ne temi. Mr. or any other executive officer, if authorized,
could issue
1969. The 1935 Constitution explicitly
°as reelected in warrants of arrest. And that unfortunate
insertion in the
ovides that the
maxunum term of a president is only Bill of Rights led to and justified
the Arrest, Search and
years. But Mr. Marcos wanted to perpetuate
ht f8) (ASSO), Presidential Commitment Order
^ • If in DOWer. When the Congress decided to call for (PCO) and even the last Presidential Detention
himsel Action
ituPonai ^^rivention in 1971, its Senators and (PDA).
a cons
yjQt intend to change the basic struc-
Repres Madam President, thereafter followed worse amend-
system in favor of another sys-
Qv.«;tem svs-
f the presidential ments to the 1973 Constitution, through the amend-
system. That sentiment was
tern,
the parliamentary ments of 1976, one of which is the abominable Amend-
11 Senators in this Corn-
jjgiieve, by the
five
shared,
share
ment No. 6 that granted President Marcos the extraor-
sumulong, Rosales, Rodrigo, Alonto dinary power to legislate. Many other amendments
^^^‘p"dma "*However, by Proclamation No. 1081 of followed in 1980, 1981 and even 1984, including the
ana ra Marcos declared martial law. intolerable immunity provision.
members of the 1971
Thfra^tv senttaent of the was expressed in their
During the many years of martial law, Mr. Marcos was
Constitutional Convention the Chief Executive (Prime Minister or Premier) in the
1971 Constitutional Convention should
that the parliamentary system as originally initiated in the 1973
but should suspend its proceedings,
ITot oroceed further, Constitution. Thereafter, he advocated the return to the
was, and I believe correctly, that it
because their feeling presidential system with stress or emphasis on a
if not impossible, to
enact a free
is very difficult, “strong” President for our developing country. We all
law.
constitution under martial know that even under the 1935 Constitution, the Chief
memberof the 1971 Constitutional Con- Executive was already a strong President. But Mr.
I was not a
because the members of the Congress, with Marcos, under the martial law regime, arrogated unto
vention,
delicadeza, considered themselves as disquali- himself more powers and we were the sorry victims of
extreme
that accepted principle that “power tends to corrupt,
fied for election in that 1971 Convention, which was
called or created by the Congress of the Philippines. and absolute power corrupts absolutely.”
Madam President, many were in the opposition, many by him. And that was one consistent weakness, not only
were fighting against the violations of human rights during the time of President Marcos but even before
against many victims, many joined the activist move- him, making the members of Congress subservient to the
ments, marches, demonstrations and rallies, known as Executive by requesting him to please implement a
“the parliament of the streets.” Perhaps, no one could particular project affecting probably a particular munic-
have foreseen that even after the February 7 Snap Elec- ipality, province or region. If that was a defect in past
tion, which was not a free, orderly and honest election, administrations, which prevailed every year for many
for it was tainted by vote-buying, by terrorism and years during my incumbency in Congress, we probably
other practices in our electoral system, Mr. Marcos
evil should be in a position to remedy that bad situation.
could be replaced after 20 long years of dictatorial And the remedy is by not over-appropriating funds
misrule. It was only the “political miracle” coming without the backing of actual sources of income to be
from the Almighty, with the prayers of peace-loving collected mainly from the customs or the internal
citizens, the rosaries of priests and nuns, the courage revenue and other sources of government income.
and determination of many families composed of Madam we have very little experience on
President,
cause-oriented or mass-based sectoral representatives,
the parliamentary system, because while the 1971
and, more, of the united Filipino people, with the
Constitutional Convention started with the parliamenta-
grace of Almighty God, that effected in our beloved
ry system, it gradually shifted again to the presidential
country what could never have been even imagined— the
system. One observation I would like to make is that
toppling of the dictatorship in those four glorious days
while our ideal is separation of powers among the three
of February 22 to 25. So, we now have a new govern-
branches — the executive, the legislative and the judi-
ment, established and fully supported by the sovereign
ciary — under the parliamentary system, there seems to
Filipino people. Ours is a legitimate government recog-
be some degree of fusion between the Executive and the
nized not only by the Supreme Court but by the inter- Legislative in the sense that many members of the
national community of nations, and we are now in this
Cabinet of the Executive will have to come from the
Commission to draft our new, permanent Constitution. Legislative. And in my opinion that does not contribute
Naturally, it must be a Constitution for the people, a independent and coordinate departments but rather
to
Constitution to serve the best interest of all the people it is a weakness which further strengthens the powers of
constituting the entire nation, not a Constitution for the Executive whom we call the Premier or the Prime
the privileged not even for some groups, political,
elite, Minister in a parliamentary system. Moreover, in a
economic or otherwise, not even for sectoral or regional presidential system, the people vote directly for their
or local considerations, but a Constitution that will President as Chief Executive and Commander-in-Chief
satisfy the primordial ends of a fundamental law, and of the Armed Forces, but in a parliamentary system,
that is to insure the blessings of democracy. We always the people vote for the national leader in an indirect
add, with the blessings of “truth, justice and freedom,” way by electing members of Parliament. I believe rather
and I hope with progress so that we may move forward, firmly that our people want a direct, not indirect, vote
not only to give this government political stability, but
for the President.
also economic reconstruction, for all sectors in the en-
tire nation to solve gradually, at least, the many pro- Madam President, 1 am in favor of the presidential
blems confronting our nation and our people. We all system, with proper checks and balances. I am also in
know that these problems are very difficult and the favor of a bicameral legislature as in the 1935 Consti-
solution cannot be sudden. But we must lay down the tution. We should have, as working draft or as starting
framework through a Constitution that will be respons- point of reference, the 1935 Constitution, subject to
ive to the needs, to the ideals and aspirations of the improvements and amendments that our political
entire nation, of one united Filipino people. experience has taught us. For example, the Com-
mander-in-Chief provision of the Constitution which is
Madam President,during the period that I was a lifted, we mightsay, from the Jones Law intended for
member of the Senate, the coordinate importance of the American Governor-General, and then exercised
Congress was sometimes being subjected to the pre- now by the President as Chief Executive in suspending
dominance of the Executive. And that was partly the the writ of habeas corpus or declaring martial law under
fault of Congress, because in enacting laws for projects
specific grounds, should be limited by requiring the
and appropriating funds therefor, the disbursements concurrence of the legislative department, whether by
always exceeded the estimates of available income in the majority or two-thirds vote and only for a limited
budget. And so there was always the “colatilla,” period, not for an indefinite period as it was from
“subject to availability of funds.” And invariably every September 21, 1972 until the dictatorship was toppled
year the appropriations by Congress were far in excess on February 25, 1986. Moreover, we must confer upon
of the available funds for expenditures in the budget. the Supreme Court jurisdiction to decide the factual
The resultwas that the Chief Executive could not im- ground invoked by the President in the exercise of that
plement all the legislative measures of Congress. He was extraordinary power.
practically given the discretion to choose which among Madam President,I am in favor of autonomy to local
the many appropriated projects would be implemented governments. Autonomy means some decentralization
of power of the central government. But I am against Hearings to be conducted nationwide and to give such
the federal system. I believe in the unitary system, but committee powers to create subcommittees for, say,
there must be a recognition to local governments for Luzon, Visayas or Mindanao, and also to go beyond the
adequate autonomy rather than always resorting to, or mere subject of form of government.
depending upon, the central government even for the The reason I am proposing this is because of the
solution of some local, provincial or regional problems. question of substance as well as budget. We all want to
The only problem, in my opinion, is: What is the extent hear what the people all over the country want. There
or the scope of this autonomy to local governments? are many organizations which are willing to cooperate
In the same manner: What should be the limitations to with us in this task, and perhaps we should already
the exercise of the sovereign powers of government, constitute ourselves because it takes a lot of time to
like taxation, police power and eminent domain? prepare for those hearings, to make sure that they are
I heard our good friend^ Ajnbassador Abubaka^ meaningful.
yesterday speak on the legislative assembly in Region So, move that
I the creation of that Committee be
IX or Region XII that it is functioning well. I inquired amended to make a Committee on Public Hearings
it
from him if the autonomy that was mentioned in the and to expand the scope of the hearings to more than
Tripoli Agreement of 1976 is functioning and if so, just the form of government.
why the Muslims still complain and sometimes resort to
arms under the MNLF, and, worse still, why others are THE PRESIDENT. This
is just to refresh our under-
even suggesting secession or dismembennent. I have standing. The motion, approved yesterday, was to
as
had occasion to read the Tripoli Agreement and it create a special committee that will conduct public
provides very clearly that the grant of autonomy, which hearings and the subject was limited to the structure
is not defined in
that agreement, is to be exercised
of government. Now we have the motion of Com-
“within the jurisdiction and territorial integrity of the missioner Monsod to expand the jurisdiction or the
Republic of the Philippines.” So even under the Tripoli subject that will be taken up during those hearings so as
Agreement, there is no basis whatever of a claim for to include other matters that may have a relation to the
separation or dismemberment because that would be
drafting of the Constitution. Is that correct. Com-
destructive, if not suicidal.
very missioner Monsod?
I do not
intend to continue much longer, as I have
already imposed upon the benevolence of our fellow MR. MONSOD. Yes, Madam President.
but I would like to end
Comniissioners, by saying: I
believe that it is accepted by all that a constitution, as
or the fundamental basis of government,
THE PRESIDENT. Are there any comments on that
the foundation particular motion?
the instrument of the people. And we are here as
is only
instruments of the people to draft this fundamental law
serve the best interest of our country and one MR. AZCUNA. Madam President.
to better
united people. And a constitution is not so much the
allocation of
powers but I believe it is even more im- THE PRESIDENT. Commissioner Azcuna is recog-
there be clear limitations on the exercise nized.
ortant that
these governmental powers. And the limitations are
the public officers or for the leaders in govern-
*ôt for MR. AZCUNA. Thank you. Madam President.
” limitations are for the protection of the
ent but the I have a comment on the motion of Commissioner
defense of their rights and for the
”loole for the Monsod. afternoon to expand
filed a resolution this
promotion of their
common welfare. I
the scope of the Committee on Forms of Government

Thank you, Madam
President.
or, if necessary, to form another committee in order
that the public hearings that we envision to be held in
The Acting Floor Leader
THE PRESIDENT. is recog- the next few days all over the country will not be
nized. limited to structures of government but will also delve
into the fundamental values of our people.
MR RAMA. Madam President, I ask that Commis-
recognized. I believe that in the choice of form of government,
sioner Monsod be
we must also be guided by the aspirations, the ideals,
Commissioner Monsod and the primary values of our people, for it is almost
the PRESIDENT. is recog-
impossible to make a choice of the form of government
nized.
in a vacuum. The form of government must be chosen,
Madam based on our people’s values, and we must leave that
MR MONSOD. President, yesterday there
articulation to the people themselves. So, I fully agree
was motion
a
hoc committee to conduct
to create an ad
of government. I would like to with the motion of Commissioner Monsod to expand
hearings on the form
the scope of the ad hoc committee, so that it will not
propose that the terms of reference of that committee
be expanded so that it becomes a Committee on Public only take up the form of government but also the pur-
54 WEDNESDAY. JUNE 4, 1986
poses or aims of government and the primary values of MR. MONSOD. The proposal to constitute this
our society. committee does not preclude simultaneous hearings in
Thank you. many provinces. The proposal is merely for us to have
a lead time to organize those hearings. For example, the
MR. RODRIGO. Madam President. hearings may be held in 26 places or two per region
during weekends. And the various committees will then
THE PRESIDENT. Commissioner Rodrigo is recog- coordinate with this committee on the organization of
nized. public hearings. This committee will send informational
materials ahead and look for organizations in each
MR. RODRIGO. May I ask Commissioner Monsod locality that will help organize these hearings, so that
some clarificatory questions to enable me to vote the hearings will be meaningful.
intelligently on this motion?
The experience of many organizations is that when
As decided yesterday, the committee that will be hearings of this kind are organized, the lead time is at
formed will hold public hearings to determine the form least two weeks. We just want to be able to organize
of government, whether it should be presidential or par- ourselves better.
liamentary, unitary or federal. Now, the motion is to
expand the functions so that the task of this committee MS. NIEVA. Madam President.
can cover all subjects. But how about the other com-
mittees? We have a Committee on Preamble; a Com-
THE PRESIDENT. Commissioner Nieva is recog-
nized.
mittee on Bill of Rights; a Committee on the Legislative
and a Committee on the Executive, et cetera? Will all MS. NIEVA. I would like suplement that, and
to
these subjects be taken up now by this single commit- maybe this might clarify the point raised by Commis-
tee? sioner Rodrigo.
MR. MONSOD. Madam President, may I respond? The Bishops-Businessmen Conference has been
holding national consultations on the issues of national
THE PRESIDENT. Yes, Commissioner Monsod. recovery and the new Constitution. As Commissioner
Monsod said, it does take time before we can bring the
MR. MONSOD. My proposal is to constitute a com- issues to the people. There has to be set up an organiza-
mittee which will organize public hearings all over the tion in the different provinces to prepare and get the
country because the logistical and organizational aspects people whom we really want to attend, as we do not
of such hearings are quite difficult. In other words, want only the elite. I think the purpose of the public
other subject matters may be taken up in those hearings hearings is to hear the masses of our people who are
and the appropriate committees may send representa- generally not heard and not informed. We want them to
tives to participate in them. We are trying to avoid a be present, and to do that takes a big organization. In
situation where the Committee on the National Eco- our case, we had to have at least three weeks to start
nomy and Patrimony will go to Davao and, one week this project and even then, we covered only six prov-
later, the Committee on Human Rights will also go to inces. This is, of course, due to our limitations and this
Davao, because we do not have the budget nor the time body may have much more power.
for a multiplicity of public hearings. Our proposal isto
I agree with Commissioner Monsod that the task of
consolidate the hearings so that we can listen to the
this committee be to organize. In the actual public
will
wants and aspirations of the people in those communi- hearings, practically all the committees involved will be
ties.
included. The first thing to do is to get this planning
committee organized so that it can start planning and
MR. RODRIGO. If we have only one committee that
organizing.
will take charge of all can
subjects, then, firstly, that
render inutile the other committees; and, secondly, it
would take that one committee longer to cover Luzon,
THE PRESIDENT. Is Commissioner Rodrigo satis-
fied?
the Visayas and Mindanao. I think if we were to have
several committees, we can farm them out. We have
MR. RODRIGO. If the organizational or
function is
other problems. Do we have the funds for these hear- can that not
the preparation of things in the provinces,
ings all over the Philippines? And not only that, if
be accomplished better by our Secretariat instead of a
these committees go out, we will not have any quorum separate committee? The Secretariat will also be in the
in Qur plenary sessions here. So, these things have to be position to know whether we have funds for transporta-
studied. But, as of this moment, I am not yet ready to tion expenses and staff support. We cannot just go to
vote. the provinces without stenographers to take down the
suggestions coming from the public.
MR. MONSOD. Madam President.
May ask that the consideration of this matter be
1
THE PRESIDENT. Commissioner Monsod is recog- postponed? I am not against it; I just want to have
nized. more time to study the matter.
WEDNESDAY, JUNE 4 1986 55
THE PRESIDENT. What does Commissioner Monsod REV. RIGOS. If the Committee on Rules is prepared
say? Commissioner Rodrigo is asking for deferment to make a report on Friday morning, it might be better
until tomorrow. to go into a caucus Friday morning before we meet in
session so that the session itself will be brief. So, I will
MR. MONSOD. I am willing to have itdeferred, amend the motion of Commissioner Foz, if he agrees, so
Madam President, but may I request that we take up the that we can meet in caucus Friday morning, and meet in
matter as soon as possible? plenary session in the afternoon.
My
second point is, I would like to formalize a sug-
MR. FOZ. But, Madam President, I think under our
gestion by our colleague here, the Honorable Vicente
Provisional Rules, the plenary session on a Friday is
Foz, for us to immediately have a caucus as soon as the
supposed to be held at nine o’clock in the morning. Of
Rules has been revised by the Committee on Rules, so
course, we can always decide to meet in caucus even in
that we can constitute the other committees perhaps
the morning. So, if the committee report will be ready
during a special caucus on Friday afternoon. I under-
in the morning, then I will accept the amendment of
stand that the plenary session on Friday will be in the
Commissioner Rigos.
morning, so I propose that the caucus be in the after-
noon.
THE PRESIDENT. May the Chair be informed as to
any other comment? what particular time in the morning of Friday the com-
THE PRESIDENT. Is there
mittee report will be available so as to afford the Mem-
Commissioner Sarmiento is recognized. bers time to go over it before they discuss it, let us say,
in the afternoon of Friday?
MR. SARMIENTO. Madam President, may I just
make a comment on the proposal made by Commis- MR. SUMULONG. Madam Committee
President, the
sioner Monsod. I think the creation of that committee on Rules met yesterday and this afternoon.Tomorrow,
will pave the way for the creation of a super committee we will probably be holding our last meeting, so, we will
at the expense of other committees. And then the other be ready to submit our report to the Commission on
thing is: may I request that the consideration of that Friday.
matter be deferred until such time that we will have
I would like to second the suggestion that we suspend
formulated the Rules? The creation of that super
committee may affect our proposed timetable on the consideration of creating a special committee for the
Rules.
purpose of holding hearings on the question of form of
government because there might be a duplication.
We will be submitting the Rules on Friday; then we
have a caucus on Saturday, so I think we can deli-
Madam President. We already have 1 5 standing commit-
will
that proposal only either on Sunday or tees by virtue of the Rules provisionally adopted by the
berate on
after we shall have agreed on the Rules. Commission, and among which are those on the exe-
Monday
cutive power and the legislative power. The question of
form of government will be referred to these standing
MR. FOZ. Madam President.
committees so, if we create an ad hoc or a special com-
mittee to study the forms of government, there will be
the PRESIDENT. Commissioner Foz is recognized.
a duplication of work. And if we allow the special
committee to hold hearings in different places, the
MR. FOZ. In connection with the previous question
standing committee might have to do the same in order
that I raised
and the answer given by the Special Com- not to be blamed.
through Commissioner Sumulong — I
mittee on Rules
While I may grant that the question of form of
understand that the Committee will submit its report on
government may be very important, such that it has to
Friday morning — I would like to suggest that the Com-
caucus Friday afternoon, since the be taken up as soon as possible, it may be prejudicial.
mission meet in
Precisely, when we consider adopting a working draft,
I suggest that we do not
the morning.
session will be in
after the session and that we pro-
we will have to decide on the form of government that
leave this building
will be preferred by the Commission as more suitable
ceed to a caucus, preferably at two o’clock, to discuss
to our people. So, in order to facilitate and expedite the
the Rules. . ,
work of the Commission in its committees, we will
draft. We
I move, therefore, the Commission meet in
that consider the advisat)ility of using a working
1935 Constitution
caucus at two o’clock in the afternoon of Friday to take will have to choose between the
1973 Consti-
up the report of the Committee on Rules. which adopts the presidential form and the
form.
tution which adopts the parliamentary
SEVERAL MEMBERS. second the motion. I suggest that we
In view of all these considerations,
I
the
leave matter until after we have considered
this
THE PRESIDENT. there any comment? which will be ready
Is
report of the Committee on Rules
Commissioner Rigos is recognized. by Friday.
MR. TINGSON. Madam President. MR. FOZ. I move for the previous question so that
we will vote on my motion to hold a caucus on Friday
THE PRESIDENT. Commissioner Tingson is recog- morning upon receipt of the report of the Committee
nized. on Rules.
MR. TINGSON. Just a brief comment on the pro- THE PRESIDENT. In other words, just to clarify, the
posal of Commissioner Monsod. Modesty aside, perhaps caucus will be after the scheduled session on Friday at
excluding myself, this august body was precisely com- nine o’clock.
posed and appointed by we are
the authorities because
supposed to be knowledgeable; we are supposed to have MR. FOZ. Yes, Madam President.
known through the years, say the last ten years, the
pulse, the thinking and the desires of the people from THE PRESIDENT. Is there any other comment?
our districts. And we are only limited and mandated to Commissioner Regalado is recognized.
write this Constitution within 90 days. And I am so
honored that I was picked from out of over 1,000 MR. REGALADO. Madam President, since it was
names. I like to think that it is because the husband of mentioned that the matter of logistics might be in-
my wife supposed to have already known exactly
is
volved, I suggest that the Committee on Personnel and
what our people desire. So, why spend much money — Budget also submit its report at noontime of Friday so
which we do not have— in conducting hearings in our that both reports can be considered in the caucus.
districts? Everyday, we are receiving mails containing
proposals from many civic organizations. Are these not
THE PRESIDENT. So, is Commissioner Regalado
indicative of the thinking of our people? Let us sit here
suggesting that we have the caucus in the afternoon?
and gather all information, then let us go home to our
provinces on our own. For instance, I am going home
MR. REGALADO. suggest that we consider not
I
this weekend to the best province of the Philippines
only the Rules but also the report of the Committee on
next to Ilocos Norte — Negros Occidental. When I
Personnel and Budget.
come back. Madam President, I will know.
THE PRESIDENT. Thank you. Commissioner THE PRESIDENT. But then at what particular time?
Let us decide that.
Tingson.
MR. FOZ. the suggestion to hold a caucus

Is on both
MR. TINGSON. Thank you very much.
Personnel and the Rules?
THE PRESIDENT. The point is this: Yesterday, we

already approved the creation of a special committee. MR. REGALADO. Since it was mentioned that some
Now, Commissioner Monsod moved to amplify the juris- may be involved in connection with these hear-
logistics
diction or authority of this committee. Then, there was ings, I suggest that the report on Personnel and Finance
a suggestion to defer it, to which Commissioner Monsod be submitted also.
agreed. So, there is nothing more to discuss. The only
point the Chair would like to know is whether the MR. FOZ. But that is a different matter which has
motion of Commissioner Monsod will be deferred until been deferred. Madam President. The motion, which has
tomonow or until after the Committee on Rules will been approved, is to hold a caucus after the session on
have submitted its report. Friday morning.
Commissioner Monsod is recognized.
MR. MONSOD. Madam President, I have already
motion to hold a caucus immediately after the session
agreed to the deferment of my motion, but perhaps I on Friday morning to take up the report of the Com-
just want to make one small comment on the observa- mittee on Rules, and if there is time, the report of the
tion of the Honorable Tingson. Committee on Personnel and Budget?
If I follow, his logic is: why have hearings at all.
MR. RODRIGO. Madam President, I think that
immediately after the session, we will take lunch. So,
THE PRESIDENT. So, the motion of Commissioner
the caucus should be at two o’clock in the afternoon.
Monsod is deferred until after the Committee on Rules
has submitted its report on Friday morning. Maybe we
can take it up first during the caucus.
THE PRESIDENT. Let us put that to a vote.
As many as are in favor of holding the caucus in the
MR. FOZ. Madam President. morning after the session, say yea.
THE PRESIDENT. Commissioner Foz is recognized. SEVERAL MEMBERS. Yea.

THE PRESIDENT. As many as are against, say nay. ADJOURNMENT OF SESSION

(Silence)
MR. RAMA. Madam President, I move for the
The motion is approved. adjournment of the session until tomorrow at three
o’clock in the afternoon.

THE PRESIDENT. The session is adjourned until
tomorrow at three o’clock in the afternoon.
nized. It was 6:45 p.m.
•
THURSDAY, JUNE 5, 1986 59
R.C.C. NO. 4
Thursday, June 5, 1986
OPENING OF SESSION Guingona . . . . . Present* Rigos

Jamir . . . Present Rodrigo . . . .. . . Present
At 3:12 p.m., the President, the Honorable Cecilia ....

Laurel . . . Present Romulo . . . .
Munoz Palma, opened the session. Lerum .... . . . Present Rosales

Maambong . . . . Present Sarmiento . . ,
THE PRESIDENT. The session is called to order. Monsod . . . . . . Present Suarez

Natividad . . . . . Present* Sumulong . . .
Nieva Present Tadeo

NATIONAL ANTHEM . . .
NoUedo . . . . . . Present* Tan

Present* Tingson
THE PRESIDENT. Everybody will please rise to sing Ople . . . . . . .
the National Anthem. Padilla .... . . . Present* Trenas

Quesada . . . . . . Present Uka
Everybody rose to sing the National Anthem.
Rama . . . Present Villacorta . . .
Regalado . . . . . . Present Villegas

THE PRESIDENT. Everybody will please remain
Reyes de los . . . Present
standing for the Prayer to be led by the Honorable
Adolfo S. Azcuna.
Everybody remained standing for the Prayer. shows 40 Members responded to the
The roll call call.
PRAYER
THE PRESIDENT. The Chair declares the presence of
MR. AZCUNA. O God, help us to be true to the great a quorum.
j.iyj]ege and responsibility You have given us. Give us a
sense of
proportion, wisdom of mind, clearness of think- MR. RAMA. Madam President.
truth in speech and love in our hearts, that we may
ing
work in peace and harmony. THE PRESIDENT. The Acting Floor Leader is recog-
nized.
Help us, O God, to blend freshness in youth with
wisdom in age.
APPROVAL OF JOURNAL
that as we propose a new charter for
Finally, grant
people, we heed the counsel of an old poet and MR. RAMA. I move that we dispense with the read-
teller: “Let me
write the songs of a nation, and I ing of the Journal of yesterday’s session and that we
who writes its laws.” Amen. approve the same.
ROLL CALL THE PRESIDENT. Is there any objection? (Silence)

The Chair hears none; the motion is approved,
the president. The Secretary-General will call
roll.
the
the SECRETARY-GENERAL, reading: THE PRESIDENT. The Acting Floor Leader is recog-
nized.
Abubakar . . . • . Present* Brocka . Present
Present* Calderon Present
. .
MR. RAMA. I ask that Commissioner Tingson be rec-

Present Castro de .... Present
Aquinu . .
ognized.
^VZCUIld . Present Colayco . Present
Bacani . Present Concepcion . . . . Present THE PRESIDENT. Commissioner Tingson is recog-

Bcngzoii . Present Davide . Present nized.
Bennagen . . . . Present Foz . Present
. Present Garcia . Present* MR. TINGSON. Madam President, may I respectfully
ijcrrido , • 0 •
Rosario Braid . . . Present Gascon . Present ask for the suspension of the Rules for Journal No. 2
Appeared alter the roll call

60 THURSDAY, JUNE 5, 1986
because I notice that the Prayer recited yesterday was Introduced by Hon. Suarez, Tadeo, Jamir and
included in the present Journal No. 3, but the Prayer Villegas.
for Journal No. 2was inadvertently omitted. To the Steering Committee.
May I respectfully ask that it be included also in
Journal No. 2? Proposed Resolution No. 39, entitled:
THE PRESIDENT. Yes, Commissioner Tingson, the

RESOLUTION PROVIDING FOR THE APPOINTMENT BY
Secretariat assures us that the same has been included.
THE PRESIDENT OF THE PHILIPPINES OF THE MEM-
BERS OF THE SUPREME COURT SOLELY UPON THE
MR. TINGSON. Thank you.
RECOMMENDATION OF THE INTEGRATED BAR OF
THE PHILIPPINES, AND THE MEMBERS OF THE IN-
FERIOR COURTS SOLELY UPON THE RECOMMENDA-
TION OF THE SUPREME COURT.
Introduced by Hon. Colayco.
MR. RAMA. Madam President, I move that we pro- To the Committee on theJudiciary*
ceed to the Reference of Business.
Is there
TUTION A PROVISION REQUIRING THE GOVERN-
The Secretary-General will read the Reference of MENT TO COMPENSATE VICTIMS OF TORTURE OR
Business. SIMILAR PRACTICES AND THEIR FAMILIES FOR THE
PHYSICAL AND PSYCHOLOGICAL INJURIES IN-
REFERENCE OF BUSINESS FLICTED UPON THEM, WHICH COMPENSATION
SHALL LATER BE COLLECTED FROM THOSE GUILTY
The Secretary-General read the following Proposed OF SUCH PRACTICES.
Resolutions on First Reading and Motion, the President
Introduced by Hon. Sarmiento.
making the corresponding references:
To the Committee on Citizenship, Bill of Rights,
Political Rightsand Obligations and Human Rights.
RESOLUTION PROVIDING FOR SIGNIFICANT MULTI- RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
SECTORAL REPRESENTATION IN THE NATIONAL TUTION A PROVISION ENSURING THAT THE RIGHT
LEGISLATURE. OF THE PEOPLE FREELY AND DIRECTLY TO PAR-
Introduced by Hon. Villacorta. TICIPATE AT ALL LEVELS OF DECISION-MAKING IS
RESPECTED AND PROMOTED AND THAT THE FOR-
To the Committee on the Legislative.
MATION AND AUTONOMY OF GRASS-ROOTS OR-
GANIZATIONS AND AUTHENTIC POPULAR MOVE-
MENTS, WHETHER LOCAL, REGIONAL OR NATION-
RESOLUTION TO FORM AN AD HOC COMMITTEE ON AL, ARE SECURED AND RECOGNIZED.
FUNDAMENTAL VALUES. Introduced by Hon. Sarmiento.
Introduced by Hon. Azcuna.
To the Steering Committee. and Declaration of Principles.

RESOLUTION PROPOSING GENUINE AND BROADER RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
LAND REFORM POLICIES AND FOR THE INCOR- TUTION A PROVISION REQUIRING THE GOVERN-
PORATION IN THE NEW CONSTITUTION OF A SEPA- MENT TO RESPECT THE RIGHTS OF ALL WORKERS
RATE ARTICLE ON LAND REFORM. AND EMPLOYEES, UNDER ANY AND ALL CIRCUM-
Introduced by Hon. Davide, Jr. STANCES, TO FREE ASSOCIATION AND COLLECTIVE
To Committee on the National Economy and
BARGAINING AND TO ENGAGE IN CONCERTED
the
ACTIVITIES FOR THEIR MUTUAL AID AND PROTEC-
Patrimony.
TION.
Proposed Resolution No. 38, entitled: Introduced by Hon. Sarmiento.
RESOLUTION TO INCLUDE ANOTHER PROVISION IN To the Committee on Preamble, National Territory,

THE RULES. and Declaration of Principles.
Proposed Resolution No. 43, entitled: registered speakers after which there will be a caucus
as suggested by the President.
TUTION A PROVISION GIVING ADEQUATE SUPPORT
TO A FAMILY THAT SUFFERS DEPRIVATION BY THE PRESIDENT. Is there any objection? (Silence)
REASON OF THE DEATH, PHYSICAL DISABILITY,
DETENTION OR IMPRISONMENT OF THE SOLE Will the Acting Floor Leader please call the first
BREADWINNER OR THE INABILITY OF THE LAT- speaker for this afternoon.

TER TO FIND EMPLOYMENT DESPITE EARNEST
EFFORTS. MR. RAMA. I ask that Commissioner Villegas be
recognized.
MR. VILLEGAS. would like to comment on some
I
and Declaration of Principles. brought up in yesterday’s deliberation.
of the issues
First, I would like to venture some answers to the
questions asked by Commissioner Bernas about how we
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- can achieve a measure of economic equality without
TUTION A PROVISION ENSURING HOUSEHOLD having to resort to bloodletting. Considering also the
HELPERS AND DOMESTICS THE ENJOYMENT OF THE remarks made by Commissioner Rodrigo, I usually
SAME RIGHTS AND BENEFITS RECEIVED BY INDUS- prefer the word “equity” to “equality” when referring
TRIAL WORKERS. to the economic sphere. As has been experienced time
Introduced by Hon. Sarmiento. and time again, any attempt to equalize income and
wealth always results in equalized poverty. The varying
and Declaration of Principles. talents and attributes of individuals are not fuUy tapped
because there is no more motivation to exert varying
efforts.
In last 30 years, there have been outstanding
the
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- examples of Asia-Pacific countries that have attained a
TUTION A PROVISION REQUIRING THE GOVERN- measure of equity in income and wealth distribution
MENT TO PROVIDE REDRESS AND PAYMENT OF that may
serve as lessons for the Philippines for at least
COMPENSATION FOR DAMAGES TO ANY PERSON
the next 25 to 30 years. They are the newly industrializ-
FOR ACTS COMMITTED DURING THE DECLARATION ing countries of Taiwan, Korea, Singapore and, even
OF STATE OF EMERGENCY. Malaysia and Thailand. And although they may
lately,
Introduced by Hon. Sarmiento. have differing cultures and political
institutions in
To the Committee on Citizenship, Bill of Rights regard to their economic dimensions, they share some
Political Rights and Obligations and Human Rights.’ common traits or denominators. First, there is a strong
political will of the government to bias development in
MOTION favor of the poor in exercising what has been referred
to as that preferential option for the poor. Consider the
an URGENT MOTION TO AUTHORIZE THE PRESIDENT way Taiwan was able to introduce a thoroughgoing land
OF THE CONSTITUTIONAL COMMISSION TO CREATE reform program in stark contrast to our half-hearted
A SPECIAL COMMITTEE ON PUBLIC RELATIONS. efforts at land reform, or whether it be Singapore’s insti-
tuting the central provident fund, a tremendously
Davide,
Introduced by Hon.
Jr.
generous policy to help improve the lot of urban work-
iMotion No. 2 - Constitutional Commission of ers; and the same thing can be said of the Malaysians’
^ central provident fund. And so, this is a common deno-
1986)
minator, a strong political will of the government to
the Steering
Committee.
To apply what has been referred to many times as giving
more in law to those who have less in life.
MR. RAMA. Madam
President.
Then the other common trait is respect for private
the president. The Acting Floor Leader is recog- enterprise; that is, allowing private individuals, groups
and associations to do what they can perform com-

nized.
petently without the state actually taking over. And I
just would like to supplement some comments made by
DISCUSSION ON THE FORM OF GOVERNMENT Commissioner Ople yesterday about China, because
Continuation
China really presents a very dramatic lesson. First, there
MR. RAMA. I move that we proceed to the Un- was the Cultural Revolution, the 1 1 years of vicious ap-
plication of class warfare by Mrs. Mao Tse Tung and her
finished Business, which is the continuation of the
dis-
cussion on the form of government. There are four Gang of Four, which clearly did not help the poor in
was mass starva-

China. In fact, during this period, there of consultations in public hearings. I have here with me
tion and China had to import millions and millions of a resolution regarding the mechanism of consultation to
tons of com, wheat and other grains from the United be adopted by the body. I hope that we can distribute
States. This was followed by a dramatic economic this for people to study because I feel that getting in-
miracle under Deng Xiaoping, which was referred to by volved in public hearings is very important. As I men-
Commissioner Ople, under which private enterprise was tioned in my comment the other day, I feel we should
completely respected. Yesterday, Commissioner Ople not arrogate upon ourselves the power to be the sole
said that right now, China under Deng Xiaoping uses the writers of this Constitution, but allow the people to be
so-called “responsibility system” which allows a small our coauthors. Unless public hearings are held or unless
farmer to till his own land to produce whatever he the people are able to speak and write this Constitution
wants to produce without any dictate from a commune with us, I think this Constitution will not gain the broad
and to sell his produce at whatever price the market acceptance that it deserves. With all due respect to Com-
would dictate, removing those price controls that pre- missioner Tingson’s comment yesterday, I disagree with
vailed during the Cultural Revolution. The rest is him because I feel that although we have been chosen,
history. we are here to listen and to learn. Hence, 1 think in the
years, China has been growing at
public hearings, we can feel the pulse of our people, the
In the last six
fantastic rates of 10 to 12 percent in its gross national direction of their thoughts and the different ideas that
product. In less than three years, China was able to com- we should write into the Constitution.
pletely eliminate its import of millions of tons of corn,
When we were sharing our thoughts on the form of
wheat and other agricultural products because the government and also the aspirations of our people and
Chinese have become self-sufficient. Thanks to the our possible dreams, I thought I wanted to make a con-
recognition of private enterprises. fession. After nearly 20 years of marching in the streets
And the lessons that we can learn from
so, these are and after the events of February, where the power of
our neighboring countries in answering the question the people put an end to dictatorial rule, I believe that
posed by Commissioner Bemas on how we can achieve a we are tasked to write a constitution with a bias, a
measure of economic equity without bloodletting. constitution for all the Filipino people, but biased in
some of my favor of the majority — the poor, the 7 1 percent who
Finally, let me just express reservations
live below the poverty threshold and the 50 percent
without really giving strong objections to multisectoral
representation. I wish, of course. Commissioner Villa-
who eat below the food threshold as mentioned by
cortaall the luck in solving the logistical and mechanical
Commissioners Villegas and Tadeo.
problems that were brought up yesterday, especially So I want to make this clear. I think we should lay
when Commissioner Davide questioned him. But my our cards on the table. In this sense, although this is a
own view is that since we accept the premise that 55 constitution for all the people, still it must be biased for
million Filipinos are sufficiently intelligent and are able
the poor or the majority in this land. I would like to
to discern their legitimate representatives, it is not
note that there is, I believe, from the discussions of the
necessary to always choose a person from their own
past two days, a convergence of substantial ideas regard-
ranks without flattering them. It could be Commissioner
ing a few points. I would like to make my own personal
Tadeo, a farmer himself, who could
represent the
summary of the different thoughts that have been ex-
farmers, or Commissioner distinguished
Suarez, a
pressed here on the floor: (1) That the powers of
lawyer, who could represent the poor farmers and the
government must be limited; (2) That the freedom of
poor workers, or it could be any other person with a
all, especially of those who have less in life, must be
patrician background. So I have my reservation about
guaranteed. I think this was expressed very well by
trying to institute some kind of a tinge of class distinc-
Commissioner Bernas; (3) That economic equality must
tions in the Constitution. But as I said, I have no strong
be encouraged and defended; (4) That popular partici-
objections to multisectoral representation as long as we
pation must be insured; and (5) That people’s organiza-
work more in perfecting the one-man-one-vote approach
tions must be recognized. I think these were some of the
which has been proven to be most successful in
salient points that have come out during the different
democratic countries.
interventions.
Thank you.
At the same time, I would like to register a strong
disagreement with Commissioners Ople and Lerum on
MR. RAMA. Madam President, I ask that Commis-
the thoughts they expressed yesterday. With all due
sioner Garcia be recognized.
respect, I want to make my position rather strong be-
cause I do not agree with their thoughts. Therefore, I
THE PRESIDENT. Commissioner Garcia is recog- would like to rise in defense of the ideas of sectoral
nized. representation together with regional representation. I
believe that to truly empower the people, there must be
MR. GARCIA. all, I want to follow up the
First of measures provicing for genuine sectoral representation
thoughts expressed yesterday regarding the mechanisms in whatever form of government we have. In their expo-
sitions yesterday, they tried to show how

the old dis- MR. NOLLEDO. Will the Gentleman yield to inter-
pensation practiced the politics of exclusion, that there pellations, Madam President?
was no real effort to try to find out who among the
different sectors of society, especially those who com- THE PRESIDENT. Will Commissioner Garcia yield?
posed the majority, are the true representatives of those
sectors. They were very often marginalized from MR. GARCIA. Willingly.
political practice and from political decisions that
affected their lives. MR. NOLLEDO. I would like to express my gratitude
for Commissiner Garcia’s support to my urgent resolu-

This Constitution must precisely empower those tion which was duly approved, but it seems that it is
voiceless and powerless people who normally, even with destined for the dustbin of history. In view of the ob-
a one-man-one-vote approach, have no real effective say. servations of Senator Sumulong, what kind of public
This is precisely the rationale of naving sectoral rep- hearings should we contemplate? Would the public
resentation besides regional representation. Those hearings be held in different parts of the country or
people whose interests are largely marginalized and for- only within Metro Manila?
gotten will have a real chance to become coarchitects
of their own destiny every time there is an election. MR. GARCIA. Precisely, the resolution I have here
with me, in fact, has been an ongoing project of the
Having said that, let me follow up some of the
Ateneo Center for Social Policy headed by Father
discussions that went on yesterday and the day before
Bernas and the Lakas ng Sambayanan with which I
regarding our possible dreams. I think the quest of our
work. We have actually been conducting public hearings
people is a democracy where people are free and pros-
throughout the country. We have been going to various
perous under a sovereign nation. Therefore, when we
parts of Luzon, the Visayas and Mindanao. And this re-
discuss the search for models, I do not think we should
solution isthe result of preliminary public hearings
just go back to the classical models of the past but try
where something like 150 organizations have already
to reimagine models in terms of a Third World context.
participated in. Therefore, the thrust would be to con-
1 feel this is a very basic approach which explains why I
tinue these public hearings because a lot of interest has
would disagree with the approach of Commissioner we can reach a lot of people who
Ople. It is important for us to reimagine and reinvent
been generated, and
have sometimes far better ideas than we would expect.
models that are distinctly applicable to Philippine con-
in drafting the Constitu-
so they meet our basic needs, protect
that We could harness these ideas
ditions,
tion.
everybody’s freedom and ensure equality.
MR. NOLLEDO. I was thinking that the people of
Regarding the form of government, it is very impor- Metro Manila come from the different provinces.
tant that it be truly representative and responsive; that
it be pluralistic and popular. That is the form of de- MR. GARCIA. Yes.
mocracy which think we seek to achieve. And, there-
I
fore, in terms of representation, it would be ideal to MR NOLLEDO. That is why they say that if there is
both regional and sectoral representations. In this Manila falls, the whole country falls.
have a revolution and
sense I would tend to think that the modified parlia- Considering that the group of Commissioner Garcia has
in different parts of
mentary form would be far more flexible for these already conducted public hearings
public hearings were
needs. Secondly, we also need a form of government the country, would it not suffice if
that is decentralized.
Perhaps, at this moment I am not held in Manila? That was the original contemplation of
prepared to go all the way to having the federal form, my urgent motion. Then perhaps we can wire the
the direction we must pursue, I believe, must be governors, the city mayors, the executives of the dif-
but
ferent political units to inform the Members of the
towards the decentralized form where relative auto-
exercised by all the different regions in this Constitutional Commission as to the sentiments of the
nomy is
of our companions people from their observations.
country. I also believe in what one
mentioned earlier - that it is only in the coming toge-
MR. GARCIA. Actually, I think it is envisioned in
strong. More
ther of strengths that the nation becomes Proclamation No. 9 that the public hearings be held all
or less, we can say that after having
heard the different
past
over the country. In other words, we are not confined
expositions and the sharing of thoughts during the Constitution. I
to the halls of the Batasan to draft the
few days, there is some kind of consensus regarding the think we are tasked to write this Constitution
together
desire to create a democracy that is both
popular and hearings. That is why we
with the people in the public
pluralistic, an economy that is self-reliant and We
self- cari divide
should bring this to the different regions.
sufficient, and, finally, to create a self-determined, Nieva
the teams. I thought Commissioners Monsod and
sovereign state. In this manner we can set the stage for were trying to tell us that committee to draft the
a
equal opportunities especially for the majority
— conduct
more mechanics be formed since it is not easy to
the poor and the powerless. just opening our

public hearings. It is not a matter of
We to organize. It
have requires a whole huge
doors.
network like NAMFREL’s or the Bishops-Businessmen be conducted by the different committees, the func-
Conference’s network. Perhaps, they are ready and
if tions of which are relevant to the form of government,
willing to help, we can utilize their resources. So, if we without prejudice to hearing further proposals from dif-
divide into teams according to regions, we can, in a ferent sectors of our society. Will the Commissioner
week’s time, create a tremendous amount of conscious- agree to that?
ness in terms of participation of the people in the draft-
ing of our Constitution and make the whole country a MR. GARCIA. Madam President, that sounds a good
school where there is a struggle of ideas and debates idea, but others might have better ideas. At this point,
which, I think, is healthy for a democracy. I have not given it much thought.
MR. NOLLEDO. Will the Gentleman agree with Com- MR. NOLLEDO. Thank you.
missioner Sumulong, whose suggestion seems to be a
reasonable amendment to my urgent motion, that THE PRESIDENT. Commissioner Tingson is recog-
instead of proceeding with public hearings under that nized.
urgent motion duly approved by this body, we just
accelerate the creation of committees which have direct MR. TINGSON. Madam inasmuch as the
President,
relevance to the form of government? honorable Commissioner Garcia mentioned my name a
while ago that he did not exactly agree with what I said
MR. GARCIA. Yes, that would also be another form. yesterday, may I have the privilege to give a short
rejoinder.
MR. NOLLEDO. Madam President, for the past few
days we have heard the distinguished Members of this
THE PRESIDENT. The Commissioner will please
proceed.
Commission talk of different forms of government -
parliamentary, semi-parliamentary, presidential, etc. Will MR. TINGSON. I am was misunderstood
sorry if I
the Gentleman agree with me that every Member of this
yesterday afternoon. I suppose I was thinking of the
Commission should reasonably be presumed to have a time when we had to dismiss and I had to speak quite
working knowledge of every form of government?
hurriedly. But may I, in a sense, apologize to Com-
missioner Monsod that I was not against his proposal for
MR. GARCIA. Yes, I believe so. Madam President.
public hearings. May I also correct Commissioner
Garcia’s wrong impression, because certainly this
MR. NOLLEDO. And in view of the illuminating
humble Representation is all for hearing from our
speeches that we have heard, will the Gentleman agree
people before we write any provision into our Consti-
with me, if I suggest that this Constitutional Commis-
tution. What I was trying to say. Madam President, is:
sion pass a resolution or agree on a consensus voting?
For example, we will request the Secretariat to prepare Inasmuch as we are mandated to finish this Constitution
a question which runs like this: “What form of govern-
within three months, why do we not take advantage of
ment do you prefer — (1) Presidential, (2) Parliamenta- our weekends and fly to our hometowns or districts and
ry, (3) Semi-Parliamentary, (4) Federal, (5) Any other— dialogue with our people? Madam President, I remem-
please specify the same. ber when I was a humble Member of the 1 97 1 Constitu-
tional Convention it took us two full days to travel
MR. GARCIA. I agree, as long as it does not bind us. to a certain place like Davao, Cebu or Iloilo. When we
That is why I was saying that the important thing really arrived at a certain place, it was the people belonging to
is for us to look into the substance — what makes the
the upper crust of society who attended our committee
government democratic, responsive, representative, ac- meetings and who got an appointment to talk to us. The
countable — rather than we trying to form it. Maybe people from the barrio did not have the chance to talk
to us because they did not even have enough money to
this is not the approach the Members would take, but
this is my approach. Second, is to bring this to the pay for their bus fares from Kabankalan to Bacolod, for
people through public hearings and get their consensus, instance. That is what I was trying to say yesterday. Let
although the straw vote would not bind us, if we can get us all go home on weekends and commiserate with our
a feel of the body’s thinking. people and dialogue with them. Madam President,
perhaps, we can have a one-page advertisement in the
MR. NOLLEDO. Madam President, that is only a newspapers for those who are really interested to come
premise to a more important statement that after we to Manila inasmuch as we are laboring under a time
will have voted and the result of the consensus voting constraint. Also, the President of this country could
issue a decree providing that all kinds of mails addressed
reveals that a presidential form of government is the
choice of the majority of the Members of the Com-
by the people from the barrio to the Members of the
mission, then we adopt the resolution recommended by
Commission be postage-free. That is what I was trying
to say, and I am sorry if I was misunderstood by my
Commissioners Foz, Suarez, Tadeo, and the others that
colleagues. Commissioners Garcia and Monsod.
the 1935 and the 1973 Constitutions be the working
drafts. Immediately, we proceed to public hearings to Thank you.
MR. DAVIDE. Madam President. THE PRESIDENT. Commissioner Davide with-

Will
draw his motion in the meantime in order that this
THE PRESIDENT. Commissioner Davide is recog- matter can be taken up during this caucus?
nized.
MR. DAVIDE. Willingly, Madam President.
MR. DAVIDE. understand from Commissioner
I
Garcia that there were public hearings conducted by a THE PRESIDENT. Thank you.
group. If Commissioner Garcia is ready with the results
of these public hearings, may I request him to formally MR. RAMA. Madam President, it seems that there is an
submit to the Commission copies of the results for overriding concernamong all Members for a wider parti-
distribution to the Members because by then we would cipation of the people so that they, the speakers, in this
be one step ahead in the matter of public hearings. Constitution that we will draft, could hear their own
voices. I would like to propose another practical step in
MR. GARCIA. Madam President, I am ready. In fact, addition to the ideas already expressed here. I move that
I will give him a copy of the list of all the groups who the President of the Philippines issue a formal invitation
participated in those hearings right at this very moment. or an appeal to all citizens and groups of citizens of the
The results will be mimeographed and will be ready for country who may have constitutional proposals to
distribution. submit their proposals in writing to the Constitutional
Madam President, I just want to make something very
Commission so that they could be considered and deli-
clear.Conducting public hearings by other organizations berated upon as soon as possible. In this way, the littlest
is different from the Commission itself going out and of our people in the far-off regions could be heard. I
listening to the people. I think we are also mandated to think everybody will realize that the time constraint
listen to the people. But public hearings require a far would not allow us to hold as many public hearings as
more organized effort. We should go out as teams to we would want to, even if we go out of Manila, for there
different parts of the country. A tremendous effort is is also the public demand that people should be heard in
required to harness all the different groups — regional, this Constitution we are going to draft.
sectoral, etc. — to sit down with us and discuss issues
and then air these live so that every province partici- MR. DAVIDE. Madam President.
pates.

MR. DAVIDE. My point. Madam President, is that in nized.
areas where the group of Commissioner Garcia had
already conducted public hearings on issues relevant to
MR. DAVIDE. I would like to propose an amend-
the formulation of a new constitution, we could pro-
ment to the motion. Instead of burdening the President
bably minimize the number of public hearings to
be with this particular duty, may I suggest that the task be
conducted in such places.
given to the Secretary-General by authority of the
So, request Commissioner Garcia to formally
I
submit President of the Commission.
to the Commission reports of these public hearings.
MR. RAMA. I accept the amendment. Madam Presi-

MR. GARCIA. Yes, Madam President.
dent.
MR. MONSOD. Madam President, may I have the

THE PRESIDENT. May the Chair make this parti-
floor. cular inquiry; Can this be in the form of an advertise-
ment in the ncwspaiier',’
the PRESIDENT. Commissioner Monsod is recog-
nized. MR. RAMA. The Secretariat should decide what form

it should take.
MR. MONSOD. I would like to thank Commissioner
Garcia for articulating a lot of things wanted to discuss
I
yesterday. The idea of going out on weekends is well THE PRESIDENI. fhe motion has been amended.
within the plans ot this Commission. Since there aic 48 there any object ii>n to (he
Is motion? (Silence) The
of us, we can cover as much as 5 areas every weekend.
1
Chair hears none; the motion is approved.
The important thing is really to organize ourselves for
that effort. According to the Floor Leader, this is one
MR. RAMA. May 1 ask that the A cting .Assistant
of the subject matters supposed to be taken up in the Floor Leader be recognized.
caucus later this afternoon. Maybe we can discuss the
procedures and preparatory work that have to be done
in order to concretize these consultations with all the
THE PRESIDENT. Commissioner Calderon is recog-
regions of the country. nized.
66 THURSDAY, JUNES,! 986
MR. CALDERON. Madam President, ladies and people. It was deception and imposture of the lowest
gentlemen of Commission: Yesterday, the Honor-
this order.
able Ambrosio Padilla, who as Senator when the 1971 In a further attempt to prevent the commission of
Constitutional Convention was convoked, gave us an this“political estafa” against the Filipino people, a
insight into the thinking and intention of the then group of 32 delegates, including myself, signed a petition
Congress of the Philippines which passed the law calling urging the Constitutional Convention to suspend its pro-
that convention. Commissioner Padilla said that it was ceedings when Martial Law was in force. The petition
not the intention of the Congress at that time to change was prepared in my
house and most of. the delegates
the form of the Philippine government from presidential who signed came to my
house to affix their signature
to the parliamentary system. Implicit in this statement because I was then under house arrest.
was the meaning that it was not the intention of the
By a strange coincidence. Madam President, after the
FUipino people to change to the parliamentary system
signing and the filing of this resolution. Minister Pimen-
because whenever the congressmen and senators spoke
tel and I, few others, underwent actual detention
and a
together as the Congress of the Philippines, they did so
in Camp Crame. recount all of these. Madam President,
I
as representatives of their constituents, the Filipino
with the indulgence of my colleagues in this Constitu-
people. This is an observation. Madam President, that I
tional Commission, because of my firm belief that the
wish to confirm.
presidential system of government is at once the best
As everyone in this Chamber knows, 1 1 Members of suited for us, and was and still is, the overwhelming
this Commission and I had the honor to have served in choice of the Filipino people to be their form of govern-
the Constitutional Convention of 1971. My 11 fellow ment.
Con-Con delegates in this Chamber will attest that when The experimental form of government imposed upon
the candidates for theCon-Con filed their certificates of us by the 1973 Constitution resulted in tragedy and ruin
candidacy, the Commission on Elections required that for the Filipino people. That Constitution was in itself
they submit a platform. The platform, among others, a travesty of what the Filipino people really wanted for
required that they state their preference on the form of their fundamental law. This is why its so-called ratifica-
government, whether this be presidential or parlia- tion had to be manipulated and contrived. In truth and
mentary. I researched on these platforms. Madam Pre- in fact, it was never ratified by the Filipino people. This
sident, and the records of the COMELEC will bear me was an observation made by no less than Chief Justice
out when I say that a majority of the candidates for Roberto Concepcion, who now sits in this Chamber as a
delegate, and later a majority of the delegates actually Commissioner, when the ratification issue was brought
elected, were for the retention of the presidential sys- before the Supreme Court.
tem.
Although already a moot issue, the manner in which
that on the last day of the debates over we were chosen to be Members of this body — not by
I remember
election but by appointment — continues to concern and
the of government, whether presidential or
system
parliamentary, those who spoke in favor of the pre- worry a sizeable number of our people. One way to
sidential system were former Senators Liwag and allay their fears. Madam
President and ladies and gentle-
Manglapus, President Macapagal and my humble self. men, is them a Constitution that
for us to present to
However, Madam President, an alarming mystery truly embodies their ideals and their aspirations and
occurred within the convention which probably only which returns to them the form of government which
former President Marcos could explain. While the they had been used to and which they wanted and still
majority of the delegates were elected on a campaign want — the presidential system of government not only
platform that promised the retention of the presiden- in form but, more so, in substance.
tial some mysterious motive induced many of
system, Thank you.
them change their minds and make a somersault on
to
the issue. When I saw that the mysterious magic was MR. RAMA. Madam President.
working its spell on my fellow delegates so much so that
many of them were making an abrupt turnaround from THE PRESIDENT. The Acting Floor Leader is recog-
I was forced to
a presidential to a parliamentary system, nized.
deliver a scathing speech on the floor of the convention
attacking this sudden change of mind. I denounced the
MR. RAMA. I ask that Commissioner Guingona, the
last speaker, be recognized.
act as “political estafa” because these were delegates
who were elected to preserve and strengthen the presi- MR. GUINGONA. Madam President.
dential system, but were turning their backs on this
promise and championing the parliamentary system THE PRESIDENT. Commissioner Guingona may
instead. I, then, said that I might seem unchristian and proceed.
unkind to make so vehement a denunciation and so
serious a charge but the change of mind to me then was MR. GUINGONA. I would like to apologize, first of
a “political estafa” committed against the Filipino all, for not being in the session hall, but I heard the
Floor Leader say that there would be four speakers and Kappa, Manila, Philippines Chapter, and rightly so, as
I only heard three, so I thought there will be a fourth the largest enterprise of the Philippine government.
speaker before myself. I cannot understand, Madam President, why a state
Madam President, if I may be allowed to borrow an function as vital and as extensive as education and in-
expression of Commissioner Ople, during one of our volving at present almost 15 million students, about 330
preconference/caucuses — this may not be a prejudicial faculty members, not including nonteaching, non-
matter, but I think it is a necessary one because of the academic and support personnel, should be relegated to
announcement made yesterday that the Committee on relative obscurity in a broadly described article called
Rules will submit its final report tomorrow — I would “General Provisions.”
like to anticipate or preempt a resolution which I expect In the 1935 Constitution, Madam President, Article
to file, perhaps tomorrow or sometime next week, pro- XIII entitled “Conservation and Utilization of Natural
posing the addition of an article on human resources in Resources” and Article XIV of the 1973 Constitution,
our draft Constitution. This article. Madam President, entitled “The National Economy and Patrimony of the
would include provisions concerning the promotion of Nation,” deal in a large measure with natural resources.
scientific research and invention, patronage of arts and I will readily agree to the fact that natural resources are
letters, conservation and development of national cul- vital to the growth and development of our country.
ture for national consciousness and sense of identity, But I daresay. Madam President, without fear of contra-
protection of works of art, development of national diction, that human resources are just as vital, if not
language, right to inventions, writing and artistic crea- more so, as natural resources. And it is for this reason
tions, scholarships, grants-in-aid and other forms
of that I respectfully submit or reiterate my
proposal to
incentives for specially gifted citizens, promotion of the honorable Chairman and members of the Committee
customs, traditions, of the various cultural
beliefs on Rules to consider the addition of an article in the
communities in the country and other related matters draft Constitution to be entitled “Human Resources.”
The principal component of this article, however. Thank you.

Madam President, would be the provisions on educa-
tion, which at present are found both in the 1935
and in MR. RAMA. Madam President.
Articles on General Pro-
the 1973 Constitutions in the
visions. No one. President, will dispute the
Madam THE PRESIDENT. Yes, the Acting Floor Leader is
recognized.
importance of education and its crucial role in national
development. Education is recognized as an effective
social instrument to achieve the purposes of a
nation ADJOURNMENT OF SESSION
and to mold the character of its citizens and would,
MR. RAMA. I move for the adjournment of the
therefore, be one of the principal instruments in bring- session and the holding of a caucus in the caucus room
ing about the much desired moral regeneration in our
as suggested by the President.
country. As we know, the educational institutions are
expected to inculcate love of country, teach the duties THE PRESIDENT. The session is adjourned until
of citizenship, develop moral character, personal dis- tomorrow, Friday, at nine o’clock in the morning.
cipline and scientific, technological and vocational ef-
It was 4:12 p.m.
ficiency. Education has been described by the Phi Delta
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FRIDAY. JUNE 6 1986
, 69
R.C.C. NO. 5
Friday, June 6, 1986
OPENING OF SESSION Maambong . . , . . Present Romulo . . . .. . . Present

Monsod . . Present Rosales . . . Present
Natividad Present Sarmiento Present
the President, the Honorable Cecilia
. . . .
At 9:16 . . ..
. . , .
a.m.,
Nieva Present Suarez Present
Munoz Palma, opened the session. . . . . .
NoUedo . . Present Sumulong . . .. . . Present*

Ople Present* Tadeo Present
THE PRESIDENT. The session is called to order.
, .
Present Tan
. . .
Padilla .
Quesada . Present* Tingson . . . . , . . Present

NATIONAL ANTHEM Rama . Present Trenas . . Present
Regalado . Present Uka . . Present
THE PRESIDENT. Everybody will please rise to sing
Reyes de los . . . Present* Villacorta . . . . . Present*
the National Anthem. Villegas Present
Rigos . Present . .
Everybody rose to sing the National Anthem. Rodrigo . Present
THE PRESIDENT. Everybody will please remain The President is present.

standing for the Prayer to be led by Reverend Fr.
Joaquin G. Bernas.
Everybody remained standing for the Prayer. THE PRESIDENT. The Chair declares the presence of
a quorum.
FR. BERNAS. Let us just pause for a while and be
aware that we are in the presence of the Almighty
Who MR. RAMA. Madam President.
more than we can
cares about us and about our nation
ever imagine. THE PRESIDENT. The Acting Floor Leader is recog-
nized.
PRAYER
Almighty Father, enlighten our minds, teach our APPROVAL OF JOURNAL
hearts to love, and strengthen our wills to
do what is
because we MR. RAMA. to dispense with the reading of
I move
right. We place ourselves into Your hands
the Journal of yesterday’s session and to approve the
know that without You, we can accomplish nothing. same.
Amen.
ROLL CALL The Chair hears none; the motion is approved.
THE PRESIDENT. The Secretary-General will call
MR. ABUBAKAR. Madam President.
the roll.
THE PRESIDENT. Kindly take the microphone.

the SECRETARY-GENERAL, reading:
Abubakar . . . . . Present Castro de .... . Present MR. RAMA. The stenographers, by the way, are
Alrmfn . . . . . Absent Colayco . Present requesting that we speak to the microphone and speak
Aquino . Present Concepcion . . . . Present clearly for the transcription.
Present Davide Present
yVZCUIW . .
Present* Foz Present* MR. ABUBAKAR. Thank you, Mr. Floor Leader, I
bacani . .
Present* Garcia Present shall do that.

Bengzon . .
Bennagen . . . • . Present Gascon . Present Iwas out of the hall when the discussion on the
D/%«*noc . . - , Present Guingona .... . Present Borneo claim was going on, so I could not make out
Rosario Braid . . . Present Jamir . Present* what my distinguished colleagues had debated about on
Brocka . Present Laurel . Present* the matter. There was nothing, therefore, in the record
Calderon . Present Lerum . Present* to show that I had remarks to make.

70 FRIDAY, JUNE 6, 1986
But morning, I would like to take a few minutes,

this THE PRESIDENT. The Acting Floor Leader is recog-
for the information and reference of this honorable nized.
Commission, to say something about the position that I,
as well as the people of Sulu whom I represent, take MR. RAMA. I move that we proceed to the Refer-
with respect to the question of the Borneo claim. ence of Business.
think the honorable Commission has displayed a
I
high sense of wisdom when it decided that the question

of the claim to Sabah should not be included in the
draft of the Constitution. The acquisition of this par- The Secretary-General will read the Reference of
ticular territory was by accident, when Angkang and Business.
Sangkalan came to the rescue of the Brunei Sultanate, «
which, out of gratitude, gave away a large territorial REFERENCE OF BUSINESS

portion in what was known later as British North
Borneo. But the Sultan of Sulu, with the recognition of The Secretary-General read the following Proposed
the Spanish Government in Manila, had exercised juris- Resolutions on First Reading, the President making the
dictional rights over the territory for several years until corresponding references:
he executed the controversial lease to the British North
Borneo Company, the one single act of the Sultanate of PROPOSED RESOLUTIONS ON FIRST READING
Sulu that brou^t the Government of the Philippines
and that of Malaysia to a clash for a contest of owner- Proposed Resolution No. 46, entitled:
ship. It was an accident of history that Sabah became RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
part of the Sultanate of Sulu and was subsequently TUTION PROVISIONS AFFECTING THE NATIONAL
leased as “padjak,” which means a lasting lease upon ECONOMY AND CREATING A SOCIOECONOMIC
payment of the agreed amount of rent. I suggest that we PLANNING AND DEVELOPMENT COMMISSION.
leave this matter to diplomatic understanding in order
to resolve the differences between Malaysia and the
Philippines on the question of Sabah. To the Committee on the National Economy and
Patrimony.
We, the people of Sulu and those who have resided in
the area over a long period of time, have always been
communicating with the people of Sabah without much
restrictions on the basis of traditionally accepted prac- RESOLUTION PROVIDING THE POLICIES ON THE CON-
tices such as no-visa entry. This relationship is age-old SERVATION AND DEVELOPMENT OF THE NATION-
such that today there are many relatives of the people AL PATRIMONY AND SEEKING TO INCORPORATE IN
of Sulu who are residents by right of birth in Sabah. THE NEW CONSTITUTION A SEPARATE ARTICLE ON
THE NATIONAL PATRIMONY.
Again,wish to convey my congratulations to the
I
Members of this honorable Commission for voting Introduced by Hon. Davide, Jr.
yesterday — when I was unable to participate — for the To the Committee on the National Economy and
noninclusion of the Sabah claim in the draft of the Patrimony.
Constitution. If there is ever a right for the Philippines
to claim the Sabah territory, it is a right based on the Proposed Resolution No. 48, entitled:
reward handed to the aforementioned Angkang and
Sangkalan by the Sultan of Brunei.
TUTION A PROVISION THAT THE GOVERNMENT
And on the basis of the action of the Commission, I SHALL REFRAIN FROM ENGAGING IN OR AUTHOR-
think the people of Sulu, as well as of Mindanao, are IZING TORTURE, OTHER CRUEL AND DEGRADING
glad because of the wisdom of the Members of the Com- TREATMENT OR PUNISHMENT, UNEXPLAINED DIS-
mission in not including this claim in the Constitution APPEARANCE AND EXTRA-LEGAL EXECUTION, AND
that we are going to draft. TO TAKE STEPS TO ELIMINATE SUCH PRACTICES BY
Thank you, Madam President. OTHERS.
THE PRESIDENT. Excuse me, before we proceed To Committee on Citizenship,
the Bill of Rights,
further, there is still another item in the agenda and Political Rights and Obligations and Human Rights.
that is the Reference of Business. So, we will consider
the remarks of Commissioner Abubakar as inserted later Proposed Resolution No. 49, entitled:
on. RESOLUTION PROVIDING THAT EMPLOYEES OF ANY
May we proceed then to the Reference of Business? MEDIA CORPORATIONS OR ASSOCIATIONS SHALL
ENJOY THE RIGHT TO BE PART-OWNERS THEREOF
MR. RAMA. Madam President. OR TO PURCHASE SHARES OF STOCKS THEREIN.
FRIDAY, JUNE 6, 1986 71
Introduced by Hon. Foz. two weeks and send a report to this Commission on the
consensus reached in those hearings. Of course, this
To the Committee on General Provisions.
would be without prejudice to the materials that we
shall obtain from the valuable work of the ad hoc Com-
mittee on Public Hearings. But, Madam President, con-
sidering the actual work of the Commissioners in the
matter of studies, researches, attendance in sessions,
nized.
committee meetings and so forth, coupled with time
and budgetary constraints, I am afraid that we will not
MR. RAMA. We have received information that the
be able to obtain enough materials or information from
Committee on Rules is through with the drafting of the the proposed public hearings of the Commission to
Rules. So I move that We adjourn the session.
enable us to adequately feel the public pulse. By way of
example, I do not know how many clubs the Rotary
MR. RODRIGO. Madam President, before we ad-
has, but let us assume it has 300 clubs. If one-tenth of
journ. these clubs respond favorably to the appeal of their
leadership, we would already have 30 responses from
THE PRESIDENT. Commissioner Rodrigo is recog-
the Rotary alone.
nized.
And so, if I may be allowed, I would like to respect-
something in fully move that this Commission, through the President,
MR. RODRIGO. I would like to say
to inform solicit the assistance or cooperation of prestigious and
order to set our records straight. I would like
Abubakar, responsible organizations — civic, professional and so
our worthy colleague here, Commissioner
forth — for their leadership to encourage their clubs or
who said he was absent yesterday, that there was no units — I am referring to organizations that have nation-
I think some
vote taken on the question of Sabah.
wide networks — to hold public hearings on constitu-
newsmen interviewed some of the Members and each tional proposals within two weeks, and to send to this
Member gave his opinion but there was no vote. Commission materials or reports on the consensus
reached in those hearings.
recog-
THE PRESIDENT. The Acting Floor Leader is
THE PRESIDENT. Commissioner Guingona, the
nized.
matter of public hearings, which is among the motions
President, before we
Madam of Commissioner Monsod, was deferred. Would it be all
MR GUINGONA. right if this motion be taken up when we take up this
adjourn may I be allowed to
make some brief remarks
discussed yesterday whole subject of public hearings?
on a very important issue that we
hearings during which our distinguished
regarding public
motion which was ap-
MR. GUINGONA. Yes, Madam President, I withdraw
Acting Floor Leader made a my motion.
proved by this body.
recog-
THE PRESIDENT. The Chair will take note of it so
THE PRESIDENT. Commissioner Guingona is
that it will be included.
nized.
MR. GUINGONA. Thank you. Madam President.
MR. GUINGONA. Thank you. Madam President.
MR. TINGSON. Madam President.
Our distinguished Acting Floor Leader proposed that
organizations, such as those mentioned by Commis- THE PRESIDENT. Commissioner Tingson is recog-
sioner Garcia, that have held and perhaps are continuing nized.
hearings, be invited to send materials or
to hold public
reports concerning the consensus reached in those MR. TINGSON. When and motion is taken up
if this
I would like to suggest that the Com- on the would add an amendment to it.
like to
ublic hearings. floor, I
^ ission, through the President, solicit the assistance or Franking privileges should be extended not to us but to
^ ooeration of prestigious and responsible organizations the people so that they need not buy stamps for all
^Vch as far as we know, have not
yet conducted public letters, packages and books that they want to send to
have nationwide networks in the we
r rings but which And I have in mind civic organi-
us within the time that are deliberating.
or units.
f rm of clubs
Rotary, the Jaycees or the Lions, pro- MR. GUINGONA. Madam my enumera-
President, in
zations like the
other organizations including the media, tion of organizations, I forgot an important one. I
fessional and
student and faculty groups. We should request
would like to add religious organizations also.
labor
these organizations to appeal to their
the leadership of Thank you.
particularly outside Metro Manila, to
clubs or units,
conduct public hearings in their respective areas within MR. RAMA. Madam President.
THE PRESIDENT. Is there any other amendment? Therefore, I move that we adjourn the session until
(Silence) Monday at three o’clock, and in the meantime we Iiold a
caucus.
ADJOURNMENT OF SESSION
MR. RAMA. As I was saying, the Committee on
Rules has informed us that it is ready with the Rules.
It has finished the drafting of the Rules and it would
The Chair hears none; the session is adjourned until
be necessary to have a caucus for expeditious dis-
Monday at three o’clock in the afternoon.
cussion and approval of the Rules so necessary for our
function. It was 9:34 a.m.
R.C.C. NO. 6
OPENING OF SESSION Laurel . . Present* Rodrigo . . . . . . Present

Lerum . . Present Romulo . . . , , . . Present
At 3:28 p.m., the President, the Honorable Cecilia Maambong . . . . Present Rosales
Munoz Palma, opened the session. Monsod . . . . . . Present Sarmiento . . ., . . Present

Natividad . . . . . Present Suarez . . Present
Nieva Present Sumulong
THE PRESIDENT. The session is called to order. . . . . .
Nolledo . . . . . . Present Tadeo

Ople Present Tan
NATIONAL ANTHEM
. .
PadiUa . . Present Tingson . . . ,
Quesada Present Trenas

THE PRESIDENT. Everybody will please rise to sing . . . . . .
the National Anthem. Rama . . Present Uka . . . Present

Regalado . . . . . Present Villacorta . . . . Present
to sing the National Anthem.
. ,.
Everybody rose Reyes de los . . . Present Villegas , . . Present

Rigos . . Present
standing for the Prayer to be led by the Honorable The President is present.
Teodoro C. Bacani.

THE PRESIDENT. The Chair declares the presence
BISHOP BACANI. Before the Prayer, I just like to of a quorum.
state here that on June 1 the Holy Father asked the
pilgrims in Rome to pray for our Constitutional Com- MR. RAMA. Madam President.
mission and then united his prayers with us.
PRAYER nized.
Father, bless our work today. Let us know what You APPROVAL OF JOURNAL
want for our country. Make us pursue our work with
MR. RAMA. I move that we dispense with the read-
diligence, love, patience and harmony. Bring lasting
ing of the Journal of the previous session and that we
results to our efforts and give us the joy of knowing we
You and our countrymen. Amen. approve the same.
are serving

roll call motion? (Silence) The Chair hears none; the motion is
approved.
the PRESIDENT. The Secretary-General will call
the roll.
XHE SECRETARY-GENERAL, reading:

Abubakar Present Calderon Present* nized.
Present* Castro de
Alonto Present
Aquino
Present Colay CO Present MR. RAMA. I move that we proceed to the Refer-
Present Concepcion .... Present ence of Business.
Azcuna
Present Present
Bacani
Present Poz Present THE PRESIDENT. Is there any objection to the
Bengzon
Present Garcia Present motion? (Silence) The Chair hears none; the motion is
Bennagen
Present Gascon Present approved.
Bernas
Present Guingona Present The Secretary-General will read the Reference of
Rosario Braid . . .
Present Jamir Present Business.

Brocka

REFERENCE OF BUSINESS incorporation in the Constitution of the following,

among others: to give meaning to the principle that
The Secretary-General read the following Proposed sovereignty resides in the people and government
Resolutions on First Reading and Communications, the authority emanates from them, barangay resolutions
President making the corresponding references: be brought to the proper legislative/executive body for
deliberation/implementation, and the creation of a
PROPOSED RESOLUTIONS ON FIRST READING National Accounting Commission.
1986)
RESOLUTION PROVIDING FOR THE RULES OF THE
To the Committee on Constitutional Commissions and
CONSTITUTIONAL COMMISSION.
Agencies.
Introduced by Hon. Sumulong, Bennagen, Maambong,
Romulo, Sarmiento and Bengzon. Communication from Mr. Florencio D. Montalvo,
To the Steering Committee. retired government auditor, proposing an auditing
power in government vested in a General Auditing
Proposed Resolution No. 51, entitled: Authority with a categorical auditing function of dis-
allowing in preaudit proposed expenditures of public
funds and uses of property which are irregular, unneces-
TUTION ARTICLES ON THE CONSTITUTIONAL COM-
sary, excessive, extravagant and otherwise unconscion-
MISSIONS IN ORDER TO SAFEGUARD AND ENHANCE
able.
THEIR INDEPENDENCE.
Introduced by Hon. Guingona.
1986)
and Agencies.
Agencies.
Proposed Resolution No. 52, entitled: MR. RAMA. Madam President.

TUTION ARTICLES ON THE JUDICIARY TO SAFE- THE PRESIDENT. The Acting Floor Leader is recog-
GUARD AND ENHANCE THE INDEPENDENCE OF THE nized.
SUPREME COURT.
Introduced by Hon. Guingona. CONSIDERATION OF PROPOSED
To the Committee on the Judiciary.
RESOLUTION NO. 50
(Rules of the Constitutional Commission)
COMMUNICATIONS MR. RAMA. Madam President, I move that we con-

sider Proposed Resolution No. 50.
Letter from Dr. Jose M. Alejandrino, retired Ambassa-
dor of the Philippines, transmitting his proposed draft THE PRESIDENT. Is there any objection? (Silence)
of the Constitution. The Chair hears none; the motion is approved.
(Communication No. 3 — Constitutional Commission of Consideration of Proposed Resolution No. 50 is now
1986) in order.With the permission of the body, the Secreta-
To the Steering Committee. ry-General will read only the title of the resolution
without prejudice to inserting in the Record the whole
Communication from Mr. Ramon
Liwag, Service
J. text thereof.*
Chief, Ministry of Justice, transmitting the proposal of
Mr. Ben R. Timbol of Angeles City for a Batasan com- THE SECRETARY-GENERAL. Proposed Resolution
posed of incumbent provincial governors and city No. 50, entitled:
mayors, to convene for sixty days every year during RESOLUTION PROVIDING FOR THE RULES OF THE
which period the vice-governors and city vice-mayors CONSTITUTIONAL COMMISSION.
shall be the acting governors and city mayors, respec-
tively. THE PRESIDENT. Commissioner Sumulong is recog-
- Commission of nized to sponsor Proposed Resolution No. 50.
(Communication No. 4 Constitutional
1986)
SPONSORSHIP REMARKS
OF COMMISSIONER SUMULONG
Communication from Mr. Manuel A. Sanico of 4107 MR. SUMULONG. Madam President, our distin-
Corregidor-Pitogo, Makati, Metro Manila, suggesting guished colleagues in the Commission:
Sec Appendix
The resolution now

before the Commission, Proposed Reading, the resolution need not be referred to the
Resolution No. 50, contains the Provisional Rules of the Committee on Style, but that does not mean that we
Commission as revised first by the Ad Hoc Committee will put the resolution to a vote on Second Reading. I
on Rules, and then later revised last Friday by the Com- think it was an oversight on the part of the one who
mission meeting in caucus. So, Proposed Resolution prepared this final draft of Proposed Resolution No. 50
No. 50 now before the Commission contains the Rules not to have included that last sentence that the Gentle-
as ultimately revised by the body in a meeting in caucus man from Bulacan had proposed.
last Friday. What it only needs is for these Rules to be
formally adopted by the Commission now meeting in THE PRESIDENT. Is there any objection to the
plenary session so that this will become the Rules of the amendment proposed by Commissioner Rodrigo? Does
Commission permanently which will guide the proceed- Commissioner Sumulong have any objection or is there
ings of this body during the time that we are deliberat- any clarification that has to be made? (Silence) The
ing on the formulation of a new constitution.
Chair hears none; the amendment is approved.
I, respectfully ask that the Commission

therefore, Commissioner Davide is recognized.
now formally adopt the Rules contained in Proposed
Resolution No. 50 as the ultimately revised Rules of the
MR. DAVIDE. I would like to introduce an amend-
Commission. ment because after going over the Rules, I noticed that
we have not number for a quorum in commit-

fixed the
tee meetings. wonder if the Chairman of the Commit-
I
nized. would accommodate an amendment on page 9.
tee
MR. RODRIGO. May I propose an amendment.

THE PRESIDENT. So, will this be an anterior amend-
At our caucus last night. Sections 30 and 3 on page
1
ment?
13 of the Provisional Rules were deleted. However, I
think the last sentence in Section 31 should remain. MR. DAVIDE. If there are no anterior amendments,
That sentence reads: “On the day set for its considera- my amendment will be on page 9.
tion,the resolution shall be voted on Second Reading.
So my amendment is, end of Section 26 en-
after the THE PRESIDENT. Page 9?
titled “Amendments,” and appearing on page
14 of the
new proposal, to add a new section, SECTION 27 which MR. DAVIDE. The proposed amendment is for a new
shall read: ON THE DAY SET FOR ITS CONSIDERA- paragraph to be placed between lines 9 and 10. It reads
TION, THE RESOLUTION, AS AMENDED, SHALL BE VOTED as follows: FOR PURPOSES OF CONDUCTING ITS BUSI-
ON SECOND READING. The reason is that after the NESS, AT LEAST FIVE MEMBERS OF A COMMITTEE WITH
amendments, the thing to do is to vote on the resolution, A MEMBERSHIP OF MORE THAN TEN SHALL CONSTITUTE
as amended, before going to Third Reading. However, A QUORUM AND THREE MEMBERS OF A COMMITTEE
when we deleted Section 30 and 31 of the Provisional WITH A MEMBERSHIP OF TEN OR LESS SHALL CONSTI-
Rules, even the sentence which says: “The Resolution TUTE A QUORUM.
shall be voted on Second Reading” was deleted, so I am
just moving that this sentence be brought back so that it
THE PRESIDENT. Is the amendment acceptable to
will appear there that after the amendments, there will
the Chairman?
be the vote on Second Reading before the Third Read-
ing.
MR. SUMULONG. May we hear the Honorable
THE PRESIDENT. Will the Gentleman please state Davide give the explanation for this proposed amend-
ment.
his proposal again.
MR. RODRIGO. On page 14, between lines 21 and MR. DAVIDE. Madam President, the explanation is:
22, insert anew SECTION 27, to read as follows: ON In view of the timetable giving the committees until
the day set for its consideration, the resolu- July 7 to complete their committee hearings and to
tion. AS amended, shall be voted on second read- report on resolutions filed before them, the Members of
ing. And as a consequence of that, change the cor- the Commission belonging to different committees will
responding numbers of the succeeding sections. have difficulty attending the committee meetings sched-
uled simultaneously in one morning. There is, therefore,
MR. SUMULONG. Madam President, I have no objec-
proposal made by Commissioner Rodrigo. a need to reduce the number to constitute a quorum so
tion to the that the committees can fully conduct their business
without difficulty of securing a quorum. If there are
MR. RODRIGO. Thank you. Madam President. three committees working in one day but the members
MR. SUMULONG. When we were in caucus last of these committees are practically the same, they will
that after the amendments on Second have to run from one room to the other, or leave the
Friday, we agreed
0
committee meeting in one and proceed to another room THE PRESIDENT. The session is suspended.
just to fill up the quorum necessary for the committee
It was 3:48 p.m.
meeting. I doubt very much, if this can be done within
the timetable allotted to the committees to conduct RESUMPTION OF SESSION
and terminate the public hearings.
THE PRESIDENT. To proposed amend-
clarify the
ment, five members for a committee composed of 1
THE PRESIDENT. The session is resumed.
shall constitute a quorum.
MR. DAVIDE. Five for committees with a member-

ship of more than 1 0.
nized.
THE PRESIDENT. Ten or more.

MR. RAMA. May I ask that Commissioner Davide be
MR. DAVIDE. More than 10, Madam President. Then recognized.
three for committees with a membership of 1 0 or less.
MR. SUMULONG. Madam President. nized.
THE PRESIDENT. Commissioner Sumulong is recog- MR. DAVIDE. Madam President, would like to I
nized.
modify the proposed amendment after consultation
with the Committee. As modified, the amendment will
MR. SUMULONG. Madam President, I remember in consist inaddition of a paragraph to Section 8
the
actual practice when I was a member of the Congress of which 9 on page 9. The new para-
will start after line
the Philippines that usually what happens with respect graph will read as follows; FOR PURPOSES OF CON-
to the work of the committees is that when the com- DUCTING ITS BUSINESS, FIVE MEMBERS OF A COMMIT-
mittee meeting opens, a majority of the members will TEE WITH A MEMBERSHIP OF MORE THAN TEN SHALL
appear just to signify that they are present and that a CONSTITUTE A QUORUM, AND THREE MEMBERS OF A
majority constituting a quorum is present. But after COMMITTEE WITH A MEMBERSHIP OF TEN OR LESS
that, usually the members of the committee
we allow SHALL CONSTITUTE A QUORUM: PROVIDED, HOWEVER,
to go to other committee meetings of which they are THAT FOR PURPOSES OF APPROVING A RESOLUTION OR
also members and nobody questions that procedure. ITS REPORT THE VOTE OF A MAJORITY OF ALL ITS MEM-
BERS IS REQUIRED.
MR. DAVIDE. That may be true, Madam President,
on the assumption that the meetings will be conducted MR. SUMULONG. Madam President.
in the same place. However, the meetings will be con-
ducted outside of the Batasan, and, moreover, we will THE PRESIDENT. Commissioner Sumulong is recog-
treat of constitutional issues, not issues for purposes of nized.
ordinary legislation. The public might criticize us for
conducting a meeting even with a number less than the
MR. SUMULONG. The amendment of Commissioner
required quorum.
Davide, as modified,
is acceptable to the Committee.
THE PRESIDENT. Is that satisfactory. Commissioner THE PRESIDENT. Is there any objection to the
Sumulong? amendment of Commissioner Davide?
MR. SUMULONG. I think there is no harm in includ- MR. RODRIGO. A minor observation. Madam Presi-
ing theamendment. For practical purposes, the amend- dent.
ment proposed by the Gentleman can also help in the
work of the committees. THE PRESIDENT. Commissioner Rodrigo is recog-
nized.
MR. DAVIDE. That is the principal idea of the pro-
posal. MR. RODRIGO. It says “TEN OR MORE MEM-
BERS” or “TEN”? But all the memberships in the dif-
THE PRESIDENT. Therefore, Commissioner Sumu-
ferent committees are in odd numbers. So, “TEN”
long is not objecting to the amendment proposed by
really would be a little awkward because there is no
Commissioner Davide.
committee with ten members.
MR. DAVIDE. For clarification purposes. Madam
MR. RAMA. Madam President, I move for a suspen- President, the wording of the amendment is MORE
sion of the session to thresh out this matter. THAN TEN, and the second is TEN OR LESS.
MONDAY. JUNE 9 1986
,
77
MR. RODRIGO. It should be LESS THAN TEN. MR. RAMA. Madam I move that we ad-
President,
journ the session at threeo’clock tomorrow afternoon
MR. DAVIDE. Accepted — less than ten, because so that the committees can now schedule their public
there is really no committee with a membership of ten. hearings or consider resolutions referred to them.
THE PRESIDENT. The sponsor has accepted the SUSPENSION OF SESSION

amendment.
Isthere any objection to the proposed amendment as
THE PRESIDENT. The session is suspended.
amended by Commissioner Rodrigo and accepted by the It was 4:01 p.m.

Chairman of the Committee on Rules? (Silence) The
Chair hears none; the amendment, as amended, is RESUMPTION OF SESSION
hereby approved.
FR. BERNAS. Madam President.

THE PRESIDENT. -The session is resumed.

nized.
FR. BERNAS. Madam President, I was just talking to nized.
the proponent of the amendment and he agreed to a
MR. RAMA. Since changes have already been made
further change.
on the membership of the committees, I withdraw my
motion for adjournment and I move for the organiza-
MR. DAVIDE. For the record, the amendment to the tion of the committees.
amendment — qualifying “vote” to AFFIRMATIVE
VOTE — has been accepted and, therefore, it will read;
“AFFIRMATIVE VOTE OF A MAJORITY OF ALL ITS MEM- The Chair hears none; the motion is approved.
BERS.”
ELECTION TO COMMITTEES
move for the elec-
modification in Commissioner Davide’s amendment? MR. RAMA. Madam President, I
tion of the following officers and members of the

approved. Committee on Preamble, National Territory, and
Declaration of Principles: Commissioner Rosales, Chair-
man; Commissioner Tingson, Vice-Chairman; and Com-
ADOPTION OF PROPOSED RESOLUTION NO. 50 missioners Villegas, Aquino, Rosario Braid, Nolledo and
(Rules of the Constitutional Commission)
Quesada, members.
MR. RAMA. Madam President, since there are no there any objection? ( Silence)
more amendments or objection to the Rules of the THE PRESIDENT. Is
approved.
Constitutional Commission, I move that we adopt Pro- The Chair hears none; the motion is
posed Resolution No. 50 on the Rules of the Constitu- move for the elec-
tional Commission, as amended. MR. RAMA. Madam President, I

Bill of Rights, Political
Committee on Citizenship,
THE PRESIDENT. there any objection to the ap*
Is
Rights and Obligations and Human Rights: Commis-
proval of the Rules of the Constitutional Commission, Commissioner Bernas, Vice-
sioner Laurel, Chairman;
as amended? (Silence) The Chair hears none; the
Chairman' and Commissioners Abubakar, Sarmiento,
motion is approved. Padilla, Tan, Colayco, Tadeo,
Garcia Rodrigo, Lerum,
and Natividad, members.
Proposed Resolution No. 50 on the Rules of the Villegas, Bennagen, Bacani
Constitutional Commission,as amended, is adopted
Is there
unanimously. (Applause)
motion is approved.
The Chair hears none; the
MR. RAMA. Madam President, pursuant to the time- The Chair calls the attention of the Acting Floor
under Section 9, Rule II of the approved Rules Leader that necessary adjustments in committee
mem-
table set
bership may be made later on by the Chair as
recom-
of the Commission, I move for the organization of the
different standing committees. mended by the Members.
MR. RAMA. Madam President. I move that member-

the motion approved. ship to the committees be subject to changes or ad-
The Chair hears none; is
justments by the President as recommended by the MR. RAMA. Madam President, I move for the
Members. election of the following officers and members of the
Committee on Accountability of Public Officers: Com-
Is there missioner Monsod, Chairman; Commissioner Colayco,
The Chair hears none; the motion is approved. Vice-Chairman; and Commissioners Nieva, Azcuna,
Padilla, Tan, Calderon, Tingson, Romulo, Brocka and
MR. RAMA. Madam. President, I move for the elec- Nolledo, members.
Committee on the Legislative: Commissioner Davide, THE PRESIDENT. Is there any objection? (Silence)
Chairman; Commissioner Azcuna, Vice-Chairman; and The Chair hears none; the motion is approved.
Commissioners Sumulong, Abubakar, Calderon, Rod- MR. RAMA. Madam President, I move for the
rigo, Alonto, Aquino, Jamir, Concepcion, Lerum, de los
election of the following officers and members of the
Reyes, Guingona, Garcia and Trefias, members.
Committee on the National Economy and Patrimony:
Commissioner Chairman; Commissioner Tadeo,
Villegas,
THE PRESIDENT. Is there any objection? (Silence) Vice-Chairman; Commissioners Gascon, Bennagen,
Romulo, Monsod, Sarmiento, Bengzon, Ople, Suarez
and Uka, members.
MR. RAMA. Madam President, move for the elec-
I

Committee on the Executive: Commissioner Sumulong,
THE PRESIDENT. Just a minute, honorable Floor
Leader. There four additional members to said
are
Chairman; Commissioner Regalado, Vice-Chairman; and
Committee because the membership has been increased
Commissioners Rama, Calderon, Alonto, Concepcion,
to 15: Commissioners Bacani, Natividad, Foz and
Foz, Maambong, Jamir, Davide, Natividad, Sarmiento,
Villacorta.
Aquino, Bemas and Lerum, members.
MR. RAMA. I move that the Commissioners men-

tioned by the President be included as members of the
Committee on the National Economy and Patrimony.
election of the following officers and members of the THE PRESIDENT. Is there any objection? (Silence)
Committee on the Judiciary: Commissioner Concep- The Chair hears none; the motion is approved.
cion, Chairman; Commissioner Romulo, Vice-Chairman;
and Commissioners Colay co, Sumulong, Jamir, Regala- MR. RAMA. Madam President, I move for the
do, Suarez, Trefias, Sarmiento, Uka, Davide, Natividad, election of the following officers and members of the
Bengzon and Azcuna, members. Committee on General Provisions: Commissioner
Rosario Braid, Chairman; Commissioner Bacani, Vice-
Chairman; and Commissioners Rigos, Brocka, Natividad,
Uka, de Castro, Gascon, Nieva, Maambong and Benna-
gen, members.
and members of the
election of the following officers THE PRESIDENT. Is there any objection? (Silence)
Committee on Constitutional Commissions and The Chair hears none; the motion is approved.
Agencies: Commissioner Foz, Chairman; Commissioner
Rigos, Vice-Chairman; and Commissioners de Castro, MR. RAMA. Madam President, I move for the
Monsod, Abubakar, Villegas, Nieva, Regalado, Concep- election of the and members of
following officers
cion, Guingona and Jamir, members. the Committee on Amendments and Transitory Pro-
visions: Commissioner Suarez, Chairman; Commis-
THE PRESIDENT. Is there any objection? (Silence) sioner Ople, Vice-Chairman; and Commissioners de los
The Chair hears none; the motion is approved. Reyes, Foz, Padilla, Maambong and de Castro, members.
MR. RAMA. Madam President, I move for the THE PRESIDENT. Is there any objection? (Silence)
and members of the
election of the following officers The Chair hears none; the motion is approved.
Committee on Local Governments: Commissioner
Nolledo, Chairman; Commissioner Calderon, Vice- MR. RAMA. Madam President, I move for the
Chairman; and Commissioners Tingson, Rosales, Alonto, election of the following officers and members of
de Castro and Colayco, members. the Steering Committee: Commissioner Bengzon,
Chairman; Commissioner Rama, Vice-Chairman; and
THE PRESIDENT. Is there any objection? ( Silence) Commissioners de los Reyes, Guingona, Romulo,
The Chair hears none; the motion is approved. Bernas, Rodrigo, Nieva, Quesada and Alonto, members.
THE PRESIDENT. Is there any objection? (Silence) SUSPENSION OF SESSION

The Chair liears none; the motion is approved.
MR. RAMA. I move for the suspension of the session.
MR. RAMA. Madam President, move for the I
election of the following officers and members of the THE PRESIDENT. The session is suspended.
Committee on Privileges: Commissioner Abubakar, It was 4:31 p.m.
Chairman; Commissioner Quesada, Vice-Chairman; and
Commissioners Calderon, Tingson, de los Reyes, Nolle- RESUMPTION OF SESSION
do and Concepcion, members.
4:40 p.m., the session was resumed.
The Chair hears none; the motion is approved. THE PRESIDENT. The session is resumed.

election of the following officers and members of the
Committee on Style: Commissioner Rodrigo, Chairman; THE PRESIDENT. The Acting Floor Leader is recog-
Commissioner Trenas, Vice-Chairman; and Commis- nized.
sioners Villacorta, Sumulong, Guingona, Rama, Nolledo,
Abubakar, Davide, Garcia, Ople, Azeuna,
Padilla, MR. RAMA. With the unanimous consent of the
Sarmiento and Gascon, members. body, I move for an increase in the membership of the
Committee on Social Justice and Social Services from
15 to 17.
motion? (Silence) The Chair hears none; the motion
is approved. any objection? ( Silence)
The Chair hears none; the motion of the Acting Floor

MR. RAMA. Madam President, Imove for the
Leader to increase the membership of the Committee
election of the following officers and members of
on Social Justice and Social Services from 15 to 17 is
the Committee on Sponsorship: Commissioner Guingo-
approved.
na, Chairman; Commissioner Garcia, Vice-Chairman;
and Commissioners Villacorta, Sumulong, Monsod, de now move
MR. RAMA. Madam President, I for the
los Reyes, Nieva, Tingson, Aquino, Bengzon, Brocka, and members of the
election of the following officers
Alonto, Tadeo, Gascon and Maambong, members. Com-
Committee on Social Justice and Social Services:
missioner Nieva, Chairman; Commissioner Gascon, Vice-
THE PRESIDENT. there any objection? (Silence)
Is
Chair hears none; the motion is approved. Chairman; and Commissioners Tadeo, Monsod, Aquino,
The Trenas, Garcia, Lerum,
Brocka, Suarez, Uka, Quesada,
MR. RAMA. Madam President, I Bennagen, Bengzon and Romulo,
move for the Tan, Villacorta,
election of the following officers and members of the members.
Committee on Human Resources: Commissioner Villa-
corta, Chairrnan; Commissioner Uka, Vice-Chairman; THE PRESIDENT. Is there any objection? (Silence)
the motion approved.
and Commissioners Guingona, Brocka, Quesada, Tan, The Chair hears none;
is
Bennagen, Rosales, Rigos, Rosario Braid and Bacani,

ask that Commis-
MR. RAMA. Madam President, I
members.
for a simple motion.
Honorable Floor Leader, instead sioner Tingson be recognized
the president.
it be Commissioner Gascon
Rosales,
of Commissioner THE PRESIDENT. Commissioner Tingson is recog-
member of the Committee on Human Resources.
as nized.
MR. RAMA. I move for the substitution of Com- President, I am very happy
for Commissioner Rosales.
MR TINGSON. Madam
missioner Gascon the very favorable reaction of the
to inform this body of
public, at least from province of Negros Occidental,
my
THE PRESIDENT. Is there any objection? (Silence) to what we have done .so far. And
when 1 mentioned the
approved.
The Chair hears none; the motion is possibility of this body making representations to give
move for the the public franking privilege, they also were very elated
MR. RAMA. Madam I President,
about
election of the following additional members ot the it.
Committee on the National Economy and Patrimony. Allow me then. Madam President, along with Com-
missioner Christine Tan, to recommend that the Presi-
THE PRESIDENT. That has already been announced. dent of the Commission make representations with the
Mr. Floor Leader. national government to grant the public franking
privilege on all communications sent to the Members ot
Thank you.
the Commission relative to the drafting of the new THE PRESIDENT. Commissioner Sarmiento is recog-
Constitution. Also, I would like to furnish the Office of nized.
the President of the Philippines, through the Executive
Secretary, a copy of the resolution regarding this recom- MR. SARMIENTO. The Rules, as adopted, provides
mendation. for the election of a Floor Leader and two Assistant
Floor Leaders. May I know from the Chair the dale set
Madam Her Excellency, President Corazon
President,
for the election of these officers?
C. Aquino, has created and organized the 1986 Constitu-
tional Commission pursuant to Proclamation No. 9 for THE PRESIDENT. The Chair awaits the pleasure of
the primary purpose of proposing a new charter truly the body to elect the remaining officers: the Floor
reflective of the ideals and aspirations of the Filipino Leader and the two Assistant Floor Leaders.
people. In order to effectively achieve this purpose, it is
In fact, the Chair wishes to recommend and suggest
tasked, per provision of Section 9, para-
particularly that the election be held today, before we adjourn. We
graph 7 of Proclamation No. 9, to conduct public hear- have already formalized our committees, so the election
ings and other forms of consultations in order to ade- of the Floor Leader and the two Assistant Floor Leaders
quately insure the people’s participation in the formula- is very important, considering their membership in the
tion of the new Constitution. Steering Committee.
Whereas, one of the most effective means by which In the Rules thatwe have approved, the body recalls
the public at large can have maximum expression of that the Floor Leader and the Assistant Floor Leaders
their sentiments and opinion is through written com-
are ex-officio members of the Steering Committee. So if
munications addressed to the honorable Members of this the body is ready for the election, the Chair is now open
Commission. Sending such communications entails for nominations for the positions of Floor Leader and
considerable expenses on the part of the sender. This is two Assistant Floor Leaders.
the reason. Madam President, Commissioner Christine
Tan and this humble Member would like to make this MR. ABUBAKAR. Madam President.
motion.
Thank you very much. THE PRESIDENT. Commissioner Abubakar is recog-
nized.

.MR. ABUBAKAR. In order to maintain the inde-
motion of Commissioner Tingson?
pendence and free choice of the Commissioners, voting
MR. DAVIDE. Madam President. should not be done in the presence of the public. Let
the voting be by secret balloting as when we vote for
our public officials like the President and the Vice-
President. If we desire to have the voting by acclama-
nized.
tion, then we give every Member a chance to state his
MR. DAVIDE. have no objection. But I

Basically, I
reasons for his support to a particular nominee pre-
sented to the Commission.
think the recommendation must put a time limit as to
when the franking privilege should be used by the pub- So, I independent judgment, not that
believe in an
lic. I take it that our deadline to approve on Second I feel that each lacks the courage to stand up
Member
Reading various proposals would be August 15. So, the and vote for the ones whom he believes should be the
franking privilege must be only up to August 15 and Floor Leader and Assistant Floor Leaders. However,
only to communications addressed to the Commission the choice should not be influenced by any other con-
or to its officers and members; otherwise it might be sideration, except by his conscience, his patriotism and
used for some other purposes. his belief that the men he voted for are the best that he
can pick from this distinguished crowd.
THE PRESIDENT. Is that acceptable? Thank you. Madam President.
MR. TINGSON. Madam President, I accept the SUSPENSION OF SESSION

amendment.
THE PRESIDENT. The amendment is accepted. It was 4:48 p.m.
Are there any further comments?
Is there any objection to the motion, as amended?
(Silence) The Chair hears none; the motion, as amended, At 5:10 p.m., the session was resumed.
is approved.
MR. SARMIENTO. Madam President, for a par- Before we proceed to any other business, the Chair
liamentary inquiry. desires to make some announcements. On motion of
Commissioner Nolledo, the President was authorized THE PRESIDENT. Then we resume the session to
to form an Ad Hoc Committee on Public Hearings. May formalize the election of the Floor Leader and the two
I announce now the following as members of this Com- Assistant Floor Leaders.
mittee: Commissioners Garcia, Gascon, Bernas, Nieva.
Is there any objection to the motion of Vice-
Monsod, Bennagen, Guingona, Nolledo. Rosario Braid, President Padilla?
Suarez, Aquino, Villacorta, Quesada, Azcuna, Brocka,
Tadeo, Bengzon, Jr., Davide, Jr., de los Reyes and Coimnissioner Bernas is recognized.
Rosales. If anyone among those named does not desire

FR. BERNAS. May I propose a modification to the
to be a member of this Committee, will he please inform
motion. Why not do it here, rather than spend time
the Chair later on?
moving to the caucus room?
Here are certain announcements: The meeting of this
THE PRESIDENT. Commissioner Abubakar is recog-
Ad Hoc Committee will be on Wednesday, June 1, at 1
nized.
eight o’clock in the morning, at the South Caucus
Room. Then the same Committee will conduct a work- MR. ABUBAKAR. I do not question the wisdom of
shop for all Commissioners on Friday, June 13, also at the proposal of Commissioner PadUla. I think it would
the South Caucus Room, after the morning session. be wiser and to the interest of all the Members that we
The Chair is now ready for any motion from the elect the Floor Leader and his two Assistants only in
Acting Floor Leader. our presence, meaning without the benefit of public
participation as we have Whether we like it or not
here.
some may be sensitive to defeat. So I think it would be
MR. PADILLA. Madam President.
more proper for this distinguished body to conduct the
election and all other related matters in a caucus.
the PRESIDENT. The Vice-President is recognized.
MR. PADILLA. think the next order is the election

I THE PRESIDENT. The proposal of Commissioner
the Floor Leader and the two Assistant Floor Bernas is to hold the election in this hall instead of go-
of
Leaders. I heard Commissioner Abubakar make a coming to the caucus room in order to save time. There are
on this matter, but he did not make any motion. ballots here and election could be by secret balloting.
ment
We have two alternatives. Madam President: Either we Is there any other comment?
this election in
the session hall this afternoon, or
hold
the same procedure we had in the caucus for MR. PADILLA. Madam President.
we follow
the President and the Vice-President. I
the election of
have no objection to having an election in the session THE PRESIDENT. The Vice-President is recognized.
hall, but perhaps
we could save time if we follow the
election of the Pre- MR. PADILLA. I have no objection to the proposal
procedure that we adopted in the
Vice-President. We will ask those who are of Commissioner Bernas, provided that we adopt the
sident and the
positions first. The rest may be procedure we followed in the election of the President
not interested in the
subject to the votes of the Mem- and the Vice-President which is by secret balloting with-
considered interested,
just have one voting. The candi- out the need of formal nominations, seconding of
bers. Then, we could
nominations and so forth.
date the Member who has received the highest
or
number of votes may be considered as the Floor Leader.
THE PRESIDENT. Commissioner Abubakar, we can
The Member who has received the second and the third
as the two request the public to leave the session hall for the time
highest number of votes may be considered
being and then we will suspend the session to have a
Assistant Floor Leaders.
caucus right here in this hall.
Perhaps, we can time without the neces-

save a little
Commissioner Rodrigo is recognized.
nominations, seconding of the nomina-
sity of formal
tions and speeches to sponsor our respective candidates.
MR. RODRIGO. I if we use
was going to remark that
believe that the procedure adopted before can
easily should be nominations. Be-
I the secret balloting, there
be applied in electing the Floor Leaders. So, I move that cause if we follow the procedure that we had in the last
we go to the caucus room this afternoon to elect the caucus, anybody could vote for anybody
without de-
Floor Leaders, perhaps, by secret balloting instead of finite nominees, the highest number
of votes
holding it in this session hall. will be declared
possibly be only five, and he who gets it
that if nobody
elected. Or, should we follow the rule
balloting.
THE PRESIDENT. Does the Chair understand that gets la mitad mas uno, we will hold another
most
we will suspend the session for a caucus? However, if there are no nominees, it would be
difficult toreach la mitad mas uno. So, why do we not
MR. PADILLA. Yes, Madam President. have nominations?
THE PRESIDENT. Commissioner Bemas is recog- is to prevent formal nominations, and if we can make
nized. the nomination in caucus, that is all right with me. But
I am trying to avoid many nominations because we
FR. BERNAS. Madam President, as I understand the should expedite this.
proposal of Commissioner Padilla, we will go through
a process of reducing the number of candidates by
THE PRESIDENT. So, may we have the Vice-
identifying those who are not interested in the office. I
President’s motion now as amended by Commisioner
Bernas, because the motion of Commissioner Gascon
have a feeling that if we ask the Members of the Com-
mission to indicate whether they are interested or not,
was not accepted.
those who will be valiant enough to want to hold the Commissioner Gascon is recognized.
office will be very few, so that will be equivalent to a
nomination. MR. GASCON. Madam President, in that case, I
would like to make a second motion that we hold
THE PRESIDENT. Shall we not consider the first
nominations for the Floor Leader and then afterwards
balloting as a straw vote only to indicate who will be we hold nominations for the Assistant Floor Leaders
the candidates, not as the final voting? and vote accordingly.
What does Commissioner Rodrigo say?
THE PRESIDENT. Also in caucus?
MR. RODRIGO. What the objection to having
is
nominations? That is the ordinary normal procedure.

MR. GASCON. Yes.
Why should we depart from that? If it is embarrassing

MR. PADILLA. The idea is to conduct three votings
to have nominations, I think it is more embarrassing to
instead of one because there are three positions — one
ask those who are not interested to run.
Floor Leader and two Assistant Floor Leaders.
THE PRESIDENT. So, is Commissioner Rodrigo
the session to have a caucus
MR. GASCON. Madam President, that would mean
agreeable that we suspend
there would be two ballotings; one, for the Floor Leader
right here and then have the nominations during the
and the second, for the two Assistant Floor Leaders.
caucus, excluding the public?
MR. RODRIGO. Madam President, I have no objec- MR. PADILLA. Just to expedite matters, I accept
that we will have two ballotings.
tion to that.
FR. BERNAS. Madam President, may I move for a SUSPENSION OF SESSION

vote on the motion of Commissioner Padilla, as
amended.
motion to suspend the session, then go in caucus right
here in this session hall, excluding the public, and to
MR. GASCON. Madam President, I will make a fur-
vote for the Floor Leader?
ther amendment to the amendment.
MR. PADILLA. Madam President, we do not even

THE PRESIDENT. Commissioner Gascon is recog-
have to exclude the public since the nominations would
nized.
be in caucus.
MR. GASCON. Commissioner Padilla proposed that THE PRESIDENT. There is no need. The session is
we reduce the number of nominees and then elect from suspended.
them. Whoever gets the highest number of votes would
become the Floor Leader and then the next two, the It was 5:25 p. m.
Assistant Floor Leaders. I would like to propose that we
do not follow this but instead make separate nomina- RESUMPTION OF SESSION
tions for the Floor Leader and for the two Assistant
Floor Leaders. It is possible that some Members of the
Commission would prefer to act as Assistant Floor THE PRESIDENT. The session is resumed.
Leaders and not as a Floor Leader.
MR. ROMULO. Madam President.
THE PRESIDENT. Is that proposed amendment of
Commissioner Gascon acceptable to Vice-President THE PRESIDENT. Commissioner Romulo is recog-
PadUla? nized.
MR. PADILLA. Madam I do not accept the

President, MR. ROMULO. I move for the election of the Floor
amendment because the precise purpose of my motion Leader.

Is SUSPENSION OF SESSION
MR. RODRIGO. Madam President, consonant with It was 6:11 p.m.
what was agreed upon in the caucus of the Commission,
I move that Commissioner Napoleon Rama be deemed
elected unanimously as Floor Leader.
Is
The Chair hears none; Commissioner Rama is declared THE PRESIDENT. The session is resumed.
elected as Floor Leader of the Commission. (Applause)
The Chair will now administer the oath to the Floor
Leader and the Assistant Floor Leaders.
MR. RODRIGO. Madam President.
THE PRESIDENT. Commissioner Rodrigo is recog- OATH-TAKING OF THE FLOOR LEADER AND
nized. THE ASSISTANT FLOOR LEADERS
MR. RODRIGO. Also, consonant with what was THE PRESIDENT. Will the Gentlemen please raise
agreed upon in the caucus, I move that Commissioner

their righthand and repeat after me, stating their names
Calderon be declared elected as Assistant Floor Leader and the positions to which they have been elected.
for Luzon.
OATH OF OFFICE
Is
I do solemnly swear
The Chair hears none; Commissioner Calderon is de-
that I and conscientiously fulfill my duties
will faithfully
clared elected as Assistant Floor Leader for Luzon.
as preserve and defend the
fundamental law of the land, execute its laws, do justice to
MR. DAVIDE. Madam President.
every man, and consecrate myself to the service of the
nation.
nized.
So help me God.
MR. DAVIDE. May I interrupt the Gentleman on the THE PRESIDENT. Mr. Floor Leader, is there any
floor. other business for the day?
Under the we do not distinguish the place to

Rules,
by the Assistant Floor Leaders —
MR. OPLE. Madam President.
be represented
whether they be from Luzon, Visayas or Mindanao. So, THE PRESIDENT. Commissioner Ople is recognized.
may suggest that the nomination be for the Assistant
I
Floor Leader only.

MR. OPLE. We will, of course, be dutifully attending
our respective committees but it will
THE PRESIDENT The motion is well taken. to our duties in
help if the Commission as a whole and the individual
MR. RODRIGO. I modify my motion accordingly. Member can be kept abreast of what is going on in all
the committees. May I know if a provision has been
So, consonant with what was agreed upon
in the
Commissioners Jose Calderon and made for the minutes of the committee meetings to be
caucus, I move that
elected as Assistant distributed as promptly as possible for the benefit of all
Domocao Alonto be declared
the Members of the Commission?
Floor Leaders.
THE PRESIDENT. Is there any objection? (Silence) THE PRESIDENT. What does the Secretary-General
and say? The Chair believes that it is very necessary that
The Chair hears none; Commissioners Calderon
Leaders. minutes of the sessions be taken. That is why we have a
Alonto are declared elected Assistant Floor
committee secretary. There are stenographers also who
(Applause)
attend the committee meetings.
Is there any other business? The Floor Leaders
should now take over. MR. OPLE. Madam President, I am referring to the
Mr. Floor Leader, is there any other business?
If distribution of these minutes. Can we obtain a commit-
unless it is too much of an
there is none, we will have the oath-taking. ment from the Secretariat,
imposition, that the minutes of all these meetings be
At Honorable Napoleon G. Rama,
this juncture, the
and Ahmad Domocao Alonto ascended circulated within 48 hours from the time that they took
Jose Calderon
place?
the rostrum.
THE PRESIDENT. Yes, for the information and guid- hasten our work in consonance with our time con-
ance of all the Members. Is that right? straints. Perhaps, these matters, say, of the Preamble,
then afterwards the National Territory, the Declaration
MR. OPLE. Yes, on a best-effort basis, Madam Presi- of Principles and State Policies, can be successively dis-
dent. cussed seeking the sentiment and the opinions of all
as to what changes we have decided to make, what word
THE PRESIDENT. Thank you. to be inserted or deleted in order to adopt the Preamble
for the 1986 Constitution. That is my suggestion.
MR. OPLE. Thank you. Madam President, which, if necessary, I will convert into
a motion.
THE SECRETARY-GENERAL. Yes, Madam Presi-
do our best especially if the committees
THE PRESIDENT. The Chairman, Commissioner
dent, we will
Rosales, is not here, but the Vice-Chairman, Commis-
are meeting all at the same time. Just give us a little bit
sioner Tingson, is here. Maybe Commissioner Tingson
more time when they are all meeting practically simul-
would welcome the suggestion of Commissioner Padilla
taneously. But we shall provide everyone copies of the
so that this can be taken up in the meeting tomorrow, if
minutes of all committee meetings.
there is one.
And may announce, therefore. Madam President,
I
that the Committee on Accountability of Public Of- MR. TINGSON. Madam President, that is a very well-
ficers under Commissioner Monsod will meet tomor- taken suggestion because, if I remember was
right, that
row two o’clock in the afternoon. We will announce
at precisely what we did in the 1971 Constitutional Con-
all of the venues tomorrow. There is a blackboard where vention. We began with this particular committee.
everyone will see all the places and time of the different
committee meetings. THE PRESIDENT. Thank you.
Is there any other business?
THE PRESIDENT. The has originally an-
Chair
be meeting of the chairmen so Yes, Commissioner Foz is recognized.
nounced that there will a
that we can take up all these matters right now after the
adjournment of the session. It can be done in the
MR. FOZ. Madam President, I made a previous an-
nouncement that the Committee on Constitutional
lounge. There will be only 1 7 people.
Commissions and Agencies would meet at ten o’clock
tomorrow morning, but I would like to revise the
schedule to two o’clock tomorrow afternoon.
THE PRESIDENT. Yes, the Vice-President is recog-
nized.
THE PRESIDENT. That is just one hour before the
session. The session willresume at three.
MR. PADILLA. The various committees will be
MR. FOZ. think in an hour’s time we can do some-
I
holding their respective meetings to decide on several
thing in the committee. Madam President. So, that is the
resolutions that have been assigned to them. And there
notice to the members.
will also be the Ad Hoc Committee on Public Hearings,
etc. I was thinking. Madam President, what would be
the subject or the agenda of the Assembly tomorrow
afternoon. There may be some matters, like the

Preamble, but there are several resolutions for inclusion
THE PRESIDENT. The Floor Leader is recognized.
in the Preamble. And we have adopted as working drafts
the 1935, 1973 and the Malolos Constitutions. May I ADJOURNMENT OF SESSION
suggest that the committee to which these resolutions
on the Preamble have been referred decide on the exact MR. RAMA. I move
the adjournment of the
for
proposed text of the Preamble and refer this to the session until three o’clock tomorrow afternoon.
Commission for Second Reading, which would mean

that there will be some sponsorships, comments, objec- THE PRESIDENT. The session is adjourned until
tions, debates, etc., up to the period of amendments so tomorrow at three o’clock in the afternoon.
that we can show our people that we are trying to It was 6:26 p.m.
R.C.C. NO. 7
Tuesday, June 10, 1986
OPENING OF SESSION Padilla . . Present Suarez . . . Present

Quesada .... . . Present Sumulong . . ., . . Present
At 3:20 p.m., the President, the Honorable Cecilia Rama . . Present Tadeo . . . Present
Munoz Palma, opened the session. Regalado .... . . Present Tan

Reyes de los . . . Present Tingson . . . .. . . Present
Rigos Present Trehas
. .
Rodrigo .... . . Present Uka

Romulo .... . . Present Villacorta . .
NATIONAL ANTHEM
.
Rosales . . Present Villegas . . . . ,
Present
Sarmiento
the National Anthem. The President is present.
Everybody rose to sing the National Anthem. The roll call shows 44 Members responded to the call.
THE PRESIDENT. Everybody will please remain THE PRESIDENT. The Chair declares the presence
standing for the Prayer to be led by the Honorable of a quorum.
Jose F. S. Bengzon.
PRAYER
MR. BENGZON. God our Father, Jesus our Brother- APPROVAL OF JOURNAL
Mary Your Mother - and the Holy Spirit, our guide MR. RAMA. I move that we dispense with the read-
and shining light, enlighten us. O Holy Spirit,
permeate
Your ing of the Journal of yesterday’s session and that we
envelop us with
our minds, our whole being, approve the same.
white, shining light, that we may do what is
bright,
right for our country and for our people. Amen. THE PRESIDENT. Is there any objection to the
motion? (Silence) The Chair hears none; the motion is
approved.
ROLL CALL
the roll.
THE PRESIDENT. The honorable Floor Leader is
THE SECRETARY-GENERAL, reading: recognized.

Davide Present
Abubakar . . . , . Present .
MR. RAMA. we proceed

,
Present Foz . Present I move that to the Refer-

Alonto .
Present* Garcia Present ence of Business.

Aquino .
.
Gascon Present
Azcuna Present .
.
Present Guingona .... . Present THE PRESIDENT. Is there any objection? (Silence)
Bacani .
Jamir Present The Chair hears none; the motion is approved.

Bengzon . Present .
Bennagen . . . ., . Present Laurel . Present The Secretary-General will read the Reference of
Present Lerum Present’ Business.
Bernas .
.
Rosario Braid . . . Present Maambong . . . . Present
Brocka . Present Monsod . Present REFERENCE OF BUSINESS

Calderon . Present Natividad .... . Present’
Castro de Present Nieva , Present The Secretary-General read the following Proposed
. . . . .
Colayco . Present NoUedo . Present Resolutions on First Reading and Committee Report,
Concepcion Present Ople . Present’ the President making the corresponding references:
. . . .
Âppeared after the roll call

PROPOSED RESOLUTIONS ON FIRST READING PARTIES TO CONFORM THEIR INTERNAL ORGANI-

ZATION TO DEMOCRATIC PRINCIPLES AND TO
Proposed Resolution No. 53, entitled; PUBLICLY ACCOUNT FOR THE SOURCES OF THEIR
RESOLUTION PROPOSING A CONSULTATION MECHA- FUNDS.
NISM AND PROCESS FOR THE CONSTITUTIONAL Introduced by Hon. Davide, Jr.
COMMISSION.
Introduced by Hon. Garcia, Gascon, Bernas, Nieva, and Agencies.
Rosario Braid, Aquino, Villacorta, Quesada,
Brocka, Tadeo, Rigos, Bengzon, Sarmiento and Proposed Resolution No. 58, entitled:
Monsod. RESOLUTION TO BROADEN THE SCOPE OF THE CON-
To the Ad Hoc Planning Committee on Public Hear- STITUTIONAL PRESUMPTION OF INNOCENCE BY
ings. PROHIBITING THE PASSAGE OF ANY LAW WHICH
ESTABLISHES PRESUMPTION OF THE EXISTENCE OF
Proposed Resolution No. 54, entitled: PRJMA FACIE EVIDENCE.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Introduced by Hon. Davide, Jr.
TUTION A PROVISION REQUIRING ELECTIVE OFFI- To the Committee on Citizenship, Bill of Rights,
CIALS TO SERVE THE FULL TERM OF OFFICE FOR Political Rights and Obligations and Human
WHICH THEY WERE ELECTED AND PROHIBITING Rights.
THEM TO SEEK IMMEDIATE REELECTION FOR SAID
OFFICE OR TO BE APPOINTED TO ANY OTHER OF- Proposed Resolution No. 59, entitled:
FICE DURING SUCH TERM AND WITHIN TWO YEARS
FOLLOWING THE EXPIRATION THEREOF, AND, RESOLUTION RESTRICTING FOREIGN BORROWINGS
FURTHER, PROHIBITING WITHIN THE SAME PERIOD
OR LOANS.
THE SPOUSE AND/OR RELATIVES BY CONSANGUINI- Introduced by Hon. de Castro.
TY OR AFFINITY WITHIN THE THIRD CIVIL DEGREE To the Committee on the Executive.
OF SUCH ELECTIVE OFFICIAL TO SEEK ELECTION
FOR THE OFFICE TO BE VACATED BY THE LATTER Proposed Resolution No. 60, entitled:
OR TO BE APPOINTED IN ANY MANNER TO ANY OF-
FICE EXCEPT TO AN OFFICE FOR WHICH HE HAS RESOLUTION FOR THE ADOPTION OF A PROVISION
THE APPROPRIATE CIVIL SERVICE ELIGIBILITY IN THE PROPOSED CONSTITUTION OF THE PHILIP-
AND IS QUALIFIED AND COMPETENT. PINES PROHIBITING “BLOCK VOTING” IN ALL
ELECTORAL EXERCISES.
Introduced by Hon. Jamir, Suarez, Tadeo and Azcuna
and Agencies. To the Committee on Constitutional Commissions
and Agencies.
RESOLUTION PROVIDING FURTHER LIMITATIONS
ON THE POWER OF THE PRESIDENT TO GRANT RESOLUTION PROVIDING UNDER THE ARTICLE ON AC-
PARDONS. COUNTABILITY OF PUBLIC OFFICERS THAT THE
RIGHT OF THE GOVERNMENT TO PROSECUTE
GOVERNMENT OFFICIALS FOR OFFENSES RELATED
To the Committee on the Executive. TO PUBLIC OFFICE AND THE RIGHT OF THE STATE
TO FORFEIT ILL-GOTTEN WEALTH BY SUCH OF-
Proposed Resolution No. 56, entitled; FICIALS, WHOEVER MAY BE IN POSSESSION THERE-
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- OF, SHALL NOT PRESCRIBE.
TUTION A PROVISION PROHIBITING THE PRESIDENT Introduced by Hon. Nolledo.
FROM EXTENDING APPOINTMENTS WITHIN SDC To the Committee on Accountability of Public Of-
MONTHS IMMEDUTELY PRECEDING THE COM- ficers.
MENCEMENT OF THE TERM OF THE NEW PRESI-
DENT. Proposed Resolution No. 62, entitled:
Introduced by Hon. Davide, Jr. RESOLUTION TO PROVIDE IN THE NEW CONSTITUTION
To the Committee on the Executive. THAT SERIOUS ELECTION OFFENSES, AS DEFINED
BY LAW, SHALL BE PUNISHABLE BY DEATH.
Proposed Resolution No. 57, entitled: Introduced by Hon. Nolledo.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- To the Committee on Constitutional Commissions
TUTION A PROVISION WHICH REQUIRES POLITICAL and Agencies.
RESOLUTION TO PROHIBIT SALE OR TRANSFER OF RESOLUTION TO INCORPORATE IN THE CONSTITU-
OWNERSHIP OF PUBLIC LANDS TO ANY PERSON, TION THE PROVISION ON THE SEPARATION OF
WHETHER NATURAL OR JURIDICAL, AND TO PRO- CHURCH AND STATE.
VIDE THAT SAID LANDS SHALL BE AVAILABLE Introduced by Hon. Tingson and Rigos.
ONLY FOR LEASE OR CONCESSION. To the Committee on General Provisions.
Patrimony. RESOLUTION TO PROVIDE IN THE CONSTITUTION OF
1986 THAT FILIPINO CULTURE, ARTS AND LETTERS
SHALL BE PRESERVED, ENCOURAGED AND DE-
VELOPED WITHOUT ANY POLITICAL INTER-
RESOLUTION TO INCORPORATE IN THE DECLARATION FERENCE, RESTRICTIONS AND CONTROL.
OF PRINCIPLES OF THE NEW CONSTITUTION A
PROVISION AGAINST POLITICAL DYNASTIES. Introduced by Hon. Brocka and Villacorta.
Introduced by Hon. Nolledo. To the Committee on Human Resources.

COMMITTEE REPORT
Committee Report No. I on Resolution No. 72, as
Proposed Resolution No. 65, entitled: reported out by the Committee on Preamble, National
Territory, and Declaration of Principles, entitled:
resolution to INCLUDE IN THE BILL OF RIGHTS OF
the new CONSTITUTION A PROVISION THAT NO RESOLUTION PROPOSING TO ADOPT A PREAMBLE TO
law shall be PASSED ABRIDGING THE RIGHT OF THE CONSTITUTION,
PEACE-LOVING CITIZENS TO BEAR ARMS. recommending its approval with amendments and in
Introduced by Hon. Nolledo. consolidation with Proposed Resolution Nos. 2, 24 and
Committee on Citizenship, Bill of Rights, 73.
To the
Political Rights and Obligations and Human Rights. Sponsored by Hon. Rosales and Tingson.
MR. RAMA. Madam President, before we consider
resolution to insert in the transitory PRO-
Committee Report No. by the Committee on
1
VISIONS OF THE NEW CONSTITUTION THE PRO-

Preamble, National Territory, and Declaration of Princi-
VISION THAT THE RIGHT OF THE STATE TO PRO-
ples, I ask that Commissioner Bengzon be recognized.
SECUTE ERRING PUBLIC OFFICIALS AND TO FOR-
FEIT THEIR ILUGOTTEN WEALTH SHALL
NOT
THE PRESIDENT. Commissioner Bengzon is recog-
PRESCRIBE BE MADE RETROACTIVE. nized
MR. BENGZON. Madam President, in view of the
To the Committee on Accountability of Public Of-
creation 6f two additional committees, there have been
ficers.
some resolutions referred to the various committees
Proposed Resolution No. 67, entitled: which should now be referred to the newly created
committees. For this reason, I move that the following
RESOLUTION TO DELETE FROM THE NEW CONSTITU-
resolutions be transferred to the following committees:
TION THE PROVISION GRANTING PRESIDENTIAL IM-
Resolution No. 19, resolution on the role of farmers and
MUNITY FROM SUITS AND TO PROVIDE IN THE
workers, from the Committee on General Provisions to
transitory provisions that such DELETION
the Committee on Social Justice and Social Services.
BE MADE RETROACTIVE.
Introduced by Hon. Nolledo. THE PRESIDENT. Isthere any objection? (Silence)
To the Committee on the Executive. The Chair hears none; the motion is approved.
Proposed Resolution No. 68, entitled: MR. BENGZON. Resolution No. 20, resolution to
provide for authentic land reform, from the Committee
RESOLUTION AMENDING SECTION 10. ARTICLE XII (C)
on the National Economy and Patrimony to the Com-
OF THE 1973 CONSTITUTION, AS AMENDED. mittee on Social Justice and Social Services.
Introduced by Hon. Foz.
To the Committee on Constitutional Commissions THE PRESIDENT. Is there any objection? (Silence)
and Agencies.
MR. BENGZON. Resolution No. 25, resolution limit- Constitution would be ratified in a plebiscite. The Delegates
ing ownership of private land holdings, from the Com- who reconvened constituted a quorum after the exclusion
mittee on the National Economy and Patrimony to the of the Delegates who had forfeited their membership by
Committee on Social Justice and Social Services. joining the Marcos government ... It has been agreed by
the Delegates of the Reconvened 1971 Convention that its
THE PRESIDENT. Is there any objection? ( Silence) new draft Constitution be submitted to your Commission.
And now with your permission. Madam President, I
shall present this draft Constitution, together with
MR. BENGZON. And Resolution No. 37, resolution
copies of the transmittal letter, for the consideration of
proposing genuine and broader land reform policies and the Commission.
for the incorporation in the new Constitution of a
separate article on land reform, from the Committee on
the National Economy and Patrimony to the Committee

on Social Justice and Social Services.
acceptance of this document being presented by Com-
missioner Guingona? (Silence) The Chair hears none;
the said document is accepted, and the Secretary-
General shall prepare copies of it and distribute the
same to the Members.
MR. BENGZON. Thank you.


MR. RAMA. ask that Assistant Floor Leader Calde-

I
MR. RAMA. I ask that Commissioner Guingona be
ron be recognized.
recognized.
THE PRESIDENT. Commissioner Guingona is recog-

THE PRESIDENT. Commissioner Calderon is recog-
nized.
nized.
MR. GUINGONA. Last Tuesday, our Vice-President, MR. CALDERON. Madam President, Ladies and
Honorable Ambrosio Padilla, presented to Madam Gentlemen of the Constitutional Commission;
President draft proposals of the Philippine Constitution Yesterday, a lady reporter covering this Commission
Association or PHILCONSA. This afternoon, I had the handed me a handwritten note. In it, she suggested that
privilege of presenting to the President, and through her, the Commission change its plenary session schedule to
to the honorable Members of this Commission for
mornings because the current afternoon sessions end
possible use as reference material, a draft Constitution past newspaper deadlines. If this cannot be done, she
prepared by some delegates of the 1 97 1 Constitutional suggests that this Commission consider creating a Com-
Convention who identify themselves as the Reconvened mittee on Public Information. “After all,” she says in
1971 Constitutional Convention. This draft Constitu- her letter, and I quote; “how can you be accountable
tion accompanied by a transmittal letter signed by the
is
to the people when they do not know what to say about
”
following; Diosdado Macapagal, President; Abraham the Commission?
Sarmiento, Vice-President; Teofisto Guingona, Jr.,
The request is simple, but it covers the working
Chairman, Sponsorship Council; Ramon Diaz, Chair-
schedule of this Commission; and because of this, I feel
man, Steering Council; and Ceferino B. Padua, Acting
it is important enough to take it up in plenary session.
Chairman, Sponsorship Council.
Moreover, the reasons advanced to support the request
With your permission. Madam President, I shall read have something to do with the dissemination of news
two paragraphs of this letter which consists of four and information on the proceedings and workings of
pages, and I quote; this body and that, to my mind, assumes national signi-
Please be informed that following the official lifting ficance. It seems that many of our friends in media find
of
martial law on January 17, 1981, a majority of the Dele- our current afternoon sessions inconvenient for their
gates of the 1971 Convention reconvened on March 31, deadlines, such that much as they wish to give more
1981 in order to frame a new draft Constitution to replace detailed coverage of what goes on in this Chamber, they
the original of the 1973 Constitution which was umatified are reduced to writing about the bare essentials of what
and misused by the dictatorial government of President transpires.
Ferdinand E. Marcos. The 1971 Convention could recon- If this were an ordinary lawmaking body, dominated
vene because inits last session on November 29, 1972 the by political discussion and partisan debate, perhaps this
Convention did not adjourn but merely recessed since it bare essential coverage would not matter, and indeed,
was necessary before adjourning to wait if the proposed perhaps, an advantage. But, Madam President, this is a
body tasked with the drafting of the fundamental law our media friends to perform their jobs, and on top of
of the land. Therefore, it is incumbent upon us to en- it, enable our people to know completely what tran-
deavor to make the biggest number of our people know spires in this Chamber by the simple expedient of
exactly what is transpiring within this Chamber so that moving our plenary sessions in the morning. All we have
they may, if they can, participate in the widest degree to do is to reverse our current schedules — hold sessions
possible in the making of their Constitution, by reacting in the morning and public hearings in the afternoon. By
to the news of what transpires herein. The only way, the noontime, the Con-Com reporters would know exactly
most effective way, by which our people will know what their story for the day would be. They could write
what we are doing here is through the media. Unfor- their stories at leisure and they could inform the editors
tunately, many of our friends in media themselves claim early enough just what sort of story they have so that
they are hampered in doing this more effectively adequate space could be allocated for the entire story.
because of the constraints of time and distance. Our Those of them who wish to cover the hearings in the
sessions usually start from 3:00 p.m., and last up to afternoons can still do so. But the point is, the major
6:00 p.m. and/or even beyond. Newspaper deadlines are story for the day, which usually comes out of the
usually about 7:00 p.m. for the provincial, and 9:00 plenary session, will already have been formed. May I,
p.m. for the city edition. Most of the newspaper offices therefore, request. Madam President, that this sug-
are in Manila, a long distance from where we are. The gestion from our media friends be commended to this
newsmen covering us have no time to go back to their body in order that the consensus may be arrived at and
offices to write their stories. What they do is to write a decision made regarding it.
their stories in the pressroom here in the building and Thank you.
phone in their stories to their offices. Considering the
number of media organizations today in both print and SUSPENSION OF SESSION
broadcast there are not enough telephones in this build-
ing to enable them all to phone in their stories at the THE PRESIDENT. The session is suspended.
same time. There is always a scramble and a lot of It was 3:49 p.m.
grumbling from those who are beaten by the others in
the rush for telephones. These are just minor hazards of
the job. The overall effect is that there is not an even
coverage of what transpires in this Chamber. Thus, on At 3:56 p.m., the session was resumed.
any given day, one or two newspapers would have, more
but
or less, a complete account of what happened here, THE PRESIDENT. The session is resumed.
the other papers would have very short and incomplete
accounts. There is a disadvantage when the Con-Com MR. RAMA. Madam President.
reporter phones in his story rather late, meaning, very
near deadline time or after. By that time, practically all THE PRESIDENT. Yes, the Floor Leader is recog-
the other stories are in and the editor has, more or less, nized.
decided how big a play-up and how much space to
give the stories already in his hands. This means that the
MR. RAMA. I ask that Commissioner Sarmiento be
Con-Com story has to compete for whatever limited recognized.
space there is left. It often happens that it is relegated to
the inside pages even if it is an important enough story.
THE PRESIDENT. Commissioner Sarmiento is recog-
To help in the appreciation of the importance of stories nized.
and as a tool in determining how much space to allocate
to still unsubmitted but unexpected stories, editors
MR. SARMIENTO. Madam President, in view of the
usually require their reporters in advance to phone-in
manifestation/explanation made by the honorable Com-
what stories they expect to submit even if details are
missioner Jose Calderon, may I respectfully request that
not yet known. In this respect, starting our sessions at
we defer consideration of that matter? May I suggest
3:00 p.m. becomes a disadvantage for the Con-Com instead that we create two ad hoc committees: one com-
reporter. He cannot phone in at 3:00 what stories he
mittee to study the feasibility of changing the venue of
expects to write. He must listen to the speeches for an
our sessions to another place, and; second, another ad
hour or so before he can determine the shape of the
hoc committee to study the feasibility of changing the
story that is coming out of the session. Thus, by the
time of our sessions. I respectfully submit. Madam
time he is ready to phone in, his “advance tip” to his President.
editor is no longer an “advance tip.” Often the Con-
Com reporter must already write his story even while THE PRESIDENT. Yes, Commissioner Calderon.
the debates are still going on because he must catch his
deadline.
MR. CALDERON. Madam President, I would like to
I submit. Madam President, that all these incon- make an amendment that a combined ad hoc committee
veniences can be cured, that we can make it easier for be created instead of two.
MR. SARMIENTO. I have no objection to the amend- THE PRESIDENT. Is there any objection to the
ment. motion of the Floor Leader? (Silence) The Chair hears
MR. CALDERON. Just one committee, Madam
President. CONSIDERATION OF PROPOSED
RESOLUTION NO. 72
THE PRESIDENT. One ad hoc committee to con- (Adopting a Preamble to the Constitution)
sider the feasibility of changing the time and venue of
the sessions of the Constitutional Commission, is that PERIOD OF SPONSORSHIP AND DEBATE
right?
MR. CALDERON. Yes, Madam President. consider Committee Report No. on Proposed Reso- I
lution No. 72 as reported out by the Committee on
THE PRESIDENT. So, that is the motion now before Preamble, National Territory, and Declaration of
the body. Principles.*
MR. DA VIDE. Madam President. THE PRESIDENT. Is there any objection? (Silence)
THE PRESIDENT. Commissioner Davide is recog- Consideration of Proposed Resolution No. 72 is now
nized. in order. With the permission of the body, the Secre-
tary-General will read the title and text of the proposed
MR. DAVIDE. Would the movant accept an amend- resolution.
ment? The amendment is to place a time limit to the
submission of the report of the ad hoc committee, that THE SECRETARY-GENERAL. Proposed Resolution
the said committee make its report to the Commission No. 72, entitled:
not later than the 13 th of June. RESOLUTION PROPOSING TO ADOPT A PREAMBLE TO
THE CONSTITUTION.
MR. SARMIENTO. I have no objection. Madam
WHEREAS, it is essential to identify the power that shall
President.
ordain and promulgate the constitution;
THE PRESIDENT. That is Friday. What does the WHEREAS, it is necessary for any national constitution at the
movant say? Is the amendment accepted? outset to enunciate the great national purposes and aims for
which reason it is adopting a constitution to establish a govern-
may ment;
MR. GUINGONA. Madam President, I propose
an amendment to the amendment? In view of the fact WHEREAS, by reason of the intense religious nature of the
that Thursday is a holiday, perhaps we can move the Filipino people, it is but fitting and proper that they should
deadline to Monday, June 16, instead of to Friday. invoke Divine Providence, to utter a collective prayer, before
essaying in a constitution the provisions of a government they
MR. DAVIDE. But we will meet on Friday, Madam are establishing: Now, therefore, be it
President.
Resolved by this Constitutional Commission in session assem-
bled, That the following be adopted to serve as the Preamble to
THE PRESIDENT. So, is it acceptable that it be the Constitution of the Republic of the Philippines:
Monday, instead of Friday, to study this matter?
“WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING
THE AID OF DIVINE PROVIDENCE, IN ORDER TO ESTA-
MR. DAVIDE. It is accepted. Madam President.
BLISH A GOVERNMENT THAT SHALL EMBODY OUR
IDEALS, PROMOTE THE GENERAL WELFARE, CONSERVE
THE PRESIDENT. Is there any objection to the AND DEVELOP THE PATRIMONY OF OUR NATION, AND
motion as amended? (Silence) The Chair hears none; SECURE TO OURSELVES AND OUR POSTERITY THE
the motion approved.
is
BLESSINGS OF DEMOCRACY UNDER A REGIME OF JUS-
The Chair appoints the following to the ad hoc TICE, PEACE, LIBERTY, AND EQUALITY, DO ORDAIN AND
committee: Commissioners Romulo, Bengzon, Rama, PROMULGATE THIS CONSTITUTION.”
Calderon and Jamir.
Is there any other business, honorable Floor Leader?
MR. RAMA. Madam President, I move that Commit- SUSPENSION OF SESSION
tee Report No.of the Committee on Preamble,
1
National Territory, and Declaration of Principles be MR. RAMA. May I ask for a suspension of the
placed on the Calendar of Business for today. session?
*Sec Appendix
.
THE PRESIDENT. The session is suspended. ESTABLISH A GOVERNMENT THAT SHALL EMBODY
It was 4:03 p.m. OUR IDEALS AND ASPIRATIONS, PROMOTE THE
COMMON GOOD, CONSERVE AND ENHANCE OUR
PATRIMONY, AND SECURE TO OURSELVES AND
RESUMPTION OF SESSION OUR POSTERITY THE BLESSINGS OF PARTICIPA-
TORY DEMOCRACY UNDER A RULE OF JUSTICE,
PEACE, FREEDOM, AND EQUALITY, DO ORDAIN
AND PROMULGATE THIS CONSTITUTION.
MR. TINGSON. Thank you so much. Commissioner
Rosario Braid.
THE PRESIDENT. The Floor Leader is recognized. Madam President.
MR. RAMA. ask that the Chairman of the Commit-

I THE PRESIDENT. Yes, Commissioner Tingson is
tee on Preamble, National Territory, and Declaration of recognized.

Principles, Commissioner Rosales, be recognized.
SPONSORSHIP SPEECH
MR. ROSALES. Madam the pleasure
President, it is OF COMMISSIONER TINGSON
of this Representation to inform this august body that
after thorough and exhaustive study and deliberation, MR. TINGSON. Esteemed colleagues of this Consti-
our Committee on Preamble, National Territory, and tutional Commission:
Declaration of Principles has finally approved the draft Madam President, some 87 years ago,we were quest-
of the proposed Preamble of the Constitution we are ing to establish a government based upon our national
writing and which we are submitting for the approval ideals and aspirations as we perceived them at that time.
of this Chamber. purpose, as we did a
We adopted a constitution for that
I am yielding
the floor, with the permission of the few more times, as the years rolled by, and everytime
Chair, to Commissioner Tingson, who will sponsor the that we did so, there was always a preface — what we
committee report. call the “Preamble,” a foreword in the entire document
that we call the “Constitution.”
THE PRESIDENT. Commissioner Tingson is recog-
In 1899, the Filipino people adopted the Malolos
nized. Constitution. This is how its Preamble reads:
MR. TINGSON. Madam President, we apologize to We, the Representatives of the Filipino people, lawfully
our colleagues for the delay of the draft of the proposed convened, in order to establish justice, provide for common
Preamble, but I think everyone has a copy now. The defense, promote the general welfare, and insure the bene-
following are the members of the Committee on fits of liberty, imploring the aid of the Sovereign Legislator
Preamble, National Territory, and Declaration of Princi- of the Universe for the attaiiunent of these ends, have
ples — seven all in all. We have Commissioner
Rosales, voted, decreed, and sanctioned the following . .
this Representation, Commissioner Villegas, Commis-

In 1935, we were a nation expectant of national
sioner Aquino, Commissioner Rosario Braid, Commis- independence. We drafted a constitution for our self-
sioner Nolledo and Commissioner Quesada. government, preparatory to our attainment of full
May I, Madam President, ask Commissioner Rosario sovereignty and independence before we had gained our
Braid to read to us as convincingly as she possibly
could, full stature in the world community of free people.
with emotion, the proposed Preamble as submitted by In the inimitable style of the late Claro M. Recto,
our Committee. who was the President of the 1934 Constitutional Con-
vention, the Preamble to the 1935 Basic Law reads:
THE PRESIDENT. Commissioner Rosario Braid is
TheFilipino people, imploring the aid of Divine Provi-

recognized.
dence, in order to establish a government that shall embody
MR. DAVIDE. Madam President, with the permission their ideals, conserve and develop the patrimony of the
of the Gentleman on the floor, may we request that the nation, promote the general welfare, and
secure to them-
sponsoring committee or anyone of them making the selves and their posterity the blessings
of independence
sponsorship use the rostrum at the front. under a regime of justice, liberty, and democracy, do ordain
and promulgate this Constitution.
THE PRESIDENT. Commissioner Rosario Braid will
In the 1960s, we began to perceive an inadequacy,
please use the rostrum.
real or imagined, in the Constitutionof our country our ,
failure to attain the great aims and

purposes for which
MS. ROSARIO BRAID. The proposed Preamble:
we have established a government, which we did
not
WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLOR-
measure against ourselves as a people, substantially
ING THE GUIDANCE OF DIVINE PROVIDENCE, TO
washing our hands from the blame. Rather, we sus- RESOLUTION TO INCORPORATE IN THE NEW
entitled:
pected a deficiency in the basic law, being a product of CONSTITUTION A PREAMBLE; Proposed Resolution
a bygone American era, for our continuing inability to No. 24, authored by the Honorable Nolledo: RESOLU-
attain the dignified sovereignty under a regime that TION MAKING THE PREAMBLE MORE CONCISE AND
produced material success in an atmosphere of moral EMPHATIC;, and Resolution No. 73, authored by the
rectitude. It was argued again and again that the fault Honorable Villegas: RESOLUTION TO INCLUDE IN THE
did not lie in our Constitution but in ourselves. The PREAMBLE OF THE NEW CONSTITUTION THE CONCEPT
proliferation of statutes and laws did not assure us that TERMED ‘COMMON GOOD’ AND TO COMPOSE THE SAME
we had the legal and constitutional means by which we ACCORDING TO THE IDEAS COMPREHENDED BY THE
could pursue our aims and purposes, for, after all, SAID CONCEPT.
nothing is politically right that is morally wrong. Madam President, the proposed Preamble which your
Instead, we went headlong another Constitu-
to still Committee joyfully submits now to this august body
tional Convention that produced in 1973 a new Consti- contains only 58 words, compared to the draft of the
tution for the Philippines. The Preamble to that Consti- 1973 Preamble which contains 60 words. So, we short-
tution, which follows, did not materially differ from ened it a little bit.
the one of the 1935 document, to wit: So, we have in our hands, of course, a comparative
We, the Sovereign Filipino people, imploring the aid of picture of the two preambles. May I read it, with your
Divine Providence, in order to establish a government that permission, for emphasis:

shall embody our ideals, promote the general welfare, con- WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLOR-
serve and develop the patrimony of our nation, and secure ING THE GUIDANCE OF DIVINE PROVIDENCE, TO ES
to ourselves and our posterity the blessings of democracy TABLISH A GOVERNMENT THAT SHALL EMBODY
under a regime of justice, peace, liberty and equality, do OUR IDEALS AND ASPIRATIONS, PROMOTE THE
ordain and promulgate this Constitution. COMMON GOOD, CONSERVE AND ENHANCE OUR
I am proud to say that I was a member of that
PATRIMONY, AND SECURE TO OURSELVES AND
Preamble Committee, headed by our own colleague
OUR POSTERITY THE BLESSINGS OF PARTICIPATO-
now — I am referring to Commissioner Domocao Alonto RY DEMOCRACY UNDER A RULE OF JUSTICE,
- although in 1971 to 1973, it took us three weeks to PEACE, FREEDOM AND EQUALITY, DO ORDAIN AND
hammer out this Preamble. But this morning, instead PROMULGATE THIS CONSTITUTION.
of three weeks it took us three hours to be able to The phrase “COMMON GOOD” there would, of
produce a proposed preamble. course, include such subjects as the health of the people,
which is the priority interest of those we refer to as
We were not hasty about it or carelessly so, no. After
all, we already had prepared ourselves for this, some of
doctors, also “COMMON GOOD”
referring to educa-
tion, employment, shelter,economic needs and food.
us who participated in the 1971 Constitutional Conven-
tion. Therefore, I believe that after three hours this
Those are the categories under the phrase “COMMON
is a
product of something that is good and commendable
GOOD.”
for we believe that prior prayerful preparation prevents On the phrase “PARTICIPATORY DEMOCRACY,”
poor performance. the Committee did have in mind the recent peaceful
And so this morning. Madam President, before we revolution, prayer power that generated the people
even started deliberation, we started with a word of power. That is all within the concept of participatory
prayer because we believe that the preamble of a consti- democracy.
tution is the collective prayer of a people, aspiring to be
Madam President, we are very pleased with this, and
be prosperous; and aspiring to live up to
free; aspiring to
we hope and pray that our colleagues would consider
the prayerful expectations of those who died in the
this very seriously, of course, as we always want to do
night that we might live and live abundantly.
to every provision of our proposed Constitution, but we
Therefore, Madam President, to the Committee on commend this to the approval of the body.
Preamble, National Territory, and Declaration of Princi-
ples we are now referring the proposed Resolution MR. DE CASTRO. Madam President, will the Gentle-
No. 72, the resolution that we have worked on as our man yield to a minor amendment?
working draft.
Resolution No. 72, authored by this Commissioner,

THE PRESIDENT. Commissioner de Castro is recog-
nized.
entitled: RESOLUTION PROPOSING TO ADOPT A PREAM-
BLE TO THE CONSTITUTION, has been considered by the Will Commissioner Tingson yield?
Committee and the same has the honor to report it back
to the Constitutional Commission of 1986, with a MR. TINGSON. Gladly, Madam President.
recommendation that the resolution be approved, in
consolidation with Proposed Resolution No. 2 which MR. DE CASTRO. To me this about the best
is
was proposed by Honorable Davide, Jr. and which is Preamble I have read so far. However, there is still some-
thing in iny mind whichcannot forget — that there

1 could we be presumptuous as to arrogate upon our-
so
have been a lot of lies and so much untruthfulness selves now and prematurely the determination of the
recently, that perhaps on the second to the last line the Preamble, when, in fact, we have not even begun the
word TRUTH should be inserted between “freedom” process of consulting the people in public hearings and
and “and equality.” Hence, the line will read: “We, the public fora.
sovereign Filipino people, imploring the guidance of
Divine Providence, to establish a government that shall MR. TINGSON. Madam President, may I explain by
embody our ideals and aspirations, promote the com- way of clarifying a point?
mon good, conserve and enhance our patrimony and
secure to ourselves and our posterity the blessings of THE PRESIDENT. Commissioner Tingson may
participatory democracy under a rule of justice, peace, proceed.
freedom, TRUTH and equality, do ordain and pro-
mulgate this Constitution.”
MR. TINGSON. Our committee simply obeyed the
MR. TINGSON. Madam President, the Committee mandate of the leadership of our Commission when we
appreciates these concerns, but I was infonned by the were asked yesterday to meet after we had unanimously
Floor Leader that there will be a time for amendments agreed with the Vice-President, Commissioner Padilla,
later on. Inasmuch as we feel that the Preamble is a that we begin deliberations in the Committee on
prayer, and is something that should have good style of Preamble, National Territory, and Declaration of Princi-
phraseology, we could probably leave it to the President ples. Inasmuch as we also felt that there ought to be
to propose her own amendments or interpellate the goals and purposes set before us so that those of us who
Committee members. Of course, we will be happy to have proposals on the different provisions of the Consti-
answer and contribute. The period of amendments will tution could align our thinking with the goals and
come later. general purposes set forth in the Preamble, we thought
that this was the right procedure. I do remember that in
MR. DE CASTRO. I am sorry; I thought we were 1971, that was exactly what we did — we began with
the discussion on the Preamble, Madam President.
already in the period of amendments.
MR. TINGSON. Not yet. Commissioner de Castro. MS. AQUINO. Madam President, I would concede to
Thank you. the requirements of urgency; however, it is my humble
submission that we cannot afford to wax romantic on
THE PRESIDENT. In other words, we are now in the lofty ideals and the motherhood concepts of democracy
period of interpellations. without being able to feel the substance of what we

speak about. My point is, we cannot sacrifice in the altar
MS. AQUINO. Madam President. of expediency the matter of substance.
THE PRESIDENT. Commissioner Aquino is recog-

THE PRESIDENT. Commissioner Abubakar is recog-
nized. nized.
MS. AQUINO. With due respect to the members of MR. ABUBAKAR. Madam President, in the drafting
the Committee on Preamble, National Territory, and of the Preamble of our original Constitution, the best
Declaration of Principles, of which I am a member, it is minds, the best language, the best literature were availed
very unfortunate that I was not notified of the schedule of by the Members of the Convention that drafted it.
of the committee meeting yesterday. If I were, I would The statement of the Preamble should not only embrace
have interposed my objection to the precipitate haste all the expectations of the
people in the general provi-
with which this Commission is deliberating on the sions that we are going to adopt,
but a preamble should,
Preamble. It is my humble submission that a Preamble is It must not only contain
like a prayer, be inspiring.
like the bedrock, the showcase of any fundamental
law.
supplications to the Almighty but also a general direc-
they expect of the govern-
tion to the people and what
A Preamble is the distillation of the spirit, the aspira-
tions, the deepest yearnings of the people

whom we ment that is to be established. The phrases must be
recitation and prayer of
claim to represent in this distinguished task of drafting carefully selected so that in the
find it beautiful and
a Constitution. It is my submission that it is
our sacred the Preamble, our children will
duty to first address the task of consulting adequately
inspiring.
and sufficiently the people whom we claim to represent
have only two comments on the original, as well as
drafting the Constitution, as when we speak
of a I
on the proposed Preamble, as amended. The first is on

in
Preamble that is the distillation of the spirit. And con-
the words: “general welfare” and “common
good.”
formably with this task, the Preamble should articulate embrace about the same
Practically, in concept, both
the spirit of the body — the skeleton and the muscle we implore Divine
purpose, the same purview of what
which comprise the corpus of the Constitution. How
Providence to grant us. But of the two, which sounds Even if the majority of the Filipinos, because mob rule
more of a prayer or a supplication for Heaven to grant can unfortunately, from time to time, exist, should
us, the “general welfare” or the “common good”? I decide that certain traditions of cultural minorities
believe it is more beautiful to say “promote the general should be obliterated, that does not make such an act
welfare” because it embraces everything that the morally justified.
government and the people are supplicating. “Common
I would like assure the body that the phrase
to
good” and “general welfare” are about the same. As 1
“common good” has been the result of at least two
said, it was only in the phraseology that the Conven-
years of consultations with the people all over the Phil-
tion differed: “promote the common good” or “pro-
ippines which Commissioner Rosario Braid and I con-
mote the general welfare.”
ducted in coming out with the document that was
Like a song, it could have the same meaning. Let our distributed to all the honorable Commissioners. The
Preamble be not only all-embracing but also beautiful phrase “common good” is the only phrase in modern
when we recite and read it. I am referring to the beauty parlance that is defined as “a social order that enables
of the words — the “general welfare” or the “common every single individual in society to attain his or her
good.” I leave it to my colleagues which of the two fullest development, economically, politically, culturally
phrases, which mean the same and all-inclusive of the and spiritually.” The phrase “common good” is the only
same objective, we shall apply to the Preamble of our phrase which guarantees that mob not going to
rule is
Constitution. prevail; that a so-called enlightened majority is not
My other comment is on the use of democracy in the going to persecute a minority. And that is why we are
original. Must we classify democracy by inserting the proposing that this phrase be used because it precisely
word “participatory” in the proposed Preamble? Par- guarantees individual rights.
ticipation is implied in the Preamble of the
already Thank you.
Constitution and by qualifying democracy as participa-
tory gives the effect of democracy being diluted.
And submit that the Chairman delivered a very
I
enlightening and exhaustive explanation. My attempt is THE PRESIDENT. Commissioner Tingson is recog-
only to make the Preamble beautifully written, beau- nized.
tifully read, as beautiful as sounds. I believe that the
it
blessings of democracy are generalized and that “par-

ticipatory” cannot qualify the word “democracy.”
MR. TINGSON. Madam President, since our Commit-
However, the body can decide on what they want, but I tee believes that would be best for the Committee
it
think the general tone would be about the same. members who were present and who participated to be
given a chance to explain some portions of this pro-
Thank you. posed Preamble, may I request that Commissioner
Rosario Braid be called upon to say a word especially
on the phrase “participatory democracy.”
nized. THE PRESIDENT. Commissioner Rosario Braid is
recognized.
MR. TINGSON. I think it will be best if our Commit-
tee member, Commissioner Villegas, who authored the MS. ROSARIO BRAID. Thank you. Madam Presi-
resolution in which we incorporated the phrase “com- dent. We discussed this at length because the word
mon good,” be allowed to explain what he meant by “democracy” has been enshrined in all the past Consti-
that. tutions, yet in practice would be one thing. And so, we
wondered if by adding the qualifying adjective “par-
THE PRESIDENT. Commissioner Villegas is recog- ticipatory” we can instill in the minds of our people,
nized. particularly the children, that they have a right to par-
ticipate actively, that democracy is not just sharing or
MR, VILLEGAS. Madam President, in a way, I am benefitting from a resource pie, that democracy need
glad it was Commissioner Abubakar who asked
the ques- not be the passive recipience of the benefits of develop-
tion because it will make specific reference to cultural ment, but that the people actively participate in our
and other specific minorities in the Philippines. dynamic society.
“General welfare” has been misconstrued by some Therefore, this word, this adjective, best describes
people as “the greatest good for the greatest number,” “people power,” which is really a movement, the spirit
and that phrase is rather dangerous. Even assuming that of the people actively participating with no one at the
the majority of the Germans, for example, agreed with top coordinating their actions but that out of their own
Hitler that the Jews had to be obliterated, that would feeling that they are participants of our society, they
have not morally justified the murder of a single Jew. took the initiative. And so, we thought that this phrase
isimportant and we hope our colleagues would see the THE PRESIDENT. Was Commissioner Garcia’s
importance of including it. motion duly seconded?
Thank you.
FR. BERNAS. I second the motion.
THE PRESIDENT. Commissioner Garcia is recog-
nized.
MR. DAVIDE. If it is duly seconded, may I rise to
oppose the motion.
MR. GARCIA. Madam President, with all due respect
to the members of the Committee on Preamble, I would THE PRESIDENT. Will Commissioner Davide please
state his reasons for opposing the motion to defer.
like to request deferment of decision on the resolution
precisely because of the importance of the Preamble. It
is a very important part of the Constitution and I feel,
MR. DAVIDE. Madam President, we are taking up
this report of the Committee on Preamble, National
just as in writing a book, that we do not write the intro-
Territory, and Declaration of Principles pursuant to and
duction until we know the substance, the main lines of
the story. So, too, in this Constitution. We have not
by virtue of the urgent motion approved by the Com-
mission yesterday, and I refer to the motion of Com-
undertaken the task of public hearings yet. We have not
missioner Padilla to take up the report today. The
undertaken the task of substantial debate and the fair
motion to defer would partake of the nature of a
struggle of ideas in these halls and, therefore, I would
motion to reconsider the motion of Commissioner
suggest that we defer the resolution on such an im-
Padilla, duly approved yesterday.
portant matter until after we have known the main lines
of ideas.
MR. SUAREZ. Madam President, may we be recog-
Secondly, I also want to remind ourselves that we nized.
have gone through nearly two decades of dictatorial rule
and foreign intervention. It is very important that we THE PRESIDENT. Commissioner Suarez is recog-
try to reach one mind, one spirit as we draft this Pream-
nized.
ble so that we can truly understand the importance of
why we are actually trying to zero in and focus on free- MR. SUAREZ. May we address a few clarificatory
dom and popular democracy, on equality and social questions to Commissioner Garcia.
justice, and on peace and national sovereignty. These are
very important concepts but I think only after sub- THE PRESIDENT. Is Commissioner Garcia willing to
stantial debate and struggle of ideas, not
just in these
answer the questions?
halls but throughout the country, can we finally for-
Constitution deserves.
mulate the Preamble which this MR. GARCIA. Yes, willingly. Madam President.
MR. TINGSON. Madam President. MR. SUAREZ. Madam President, we would like to
clarify the parliamentary situation.
I agree, for one, that the Preamble strikes a note,
nized.
makes an impact on the kind of Constitution we are
MR. TINGSON. Madam President,understand that
I going to fomiulate — and is very crucial and very vital.
the majority of political scientists and legal minds main- Upon the other hand, there are practical considerations.
tain that the Preamble is not strictly a legal — is that We, in the Commission, somehow have to start our dis-
correct — or an integral part of the Constitution, cussions on constitutional provisions. Fortunately or
although we appreciate the presence of that part of our unfortunately, the Preamble happens to be the number
Constitution. And as our Committee discussed this one item in any Constitution because it serves as the
morning, it is really a prayer of our people and in a introduction.
general term it sets goals and purposes and petitions Madam President, assuming that we will proceed with
before the Almighty of what we would like to have in the preliminary discussion on the Preamble, without
our country. prejudice to an open-ended discussion, even after Second
Reading, which would not deny the right of any dele-
MR. DAVIDE. Parliamentary inquiry. Madam Presi-
gate after consultations with the people and the masses
dent.
to submit supplementary resolutions embodying the
highest ideals and aspirations of our people, will the
THE PRESIDENT. Yes, Commissioner Davide is
Chair have any objection to that?
recognized.
MR. DAVIDE. Madam President, what is the status MR. GARCIA. Simply because the Preamble is the
of the motion of Commissioner Garcia? Was it duly first thing that comes in the Constitution does not mean
seconded or was it a motion to defer consideration of that it is also the first thing that we tackle in this body.
this report? In other words, I contend that just as when we write a
book, when we write an article, very often we begin MR. GARCIA. Nevertheless, like in a melody, an
with substantial ideas, and only after we know what we orchestra or a play, there is a melody which runs as a
are going to draft, what we are going to formulate do refrain that somehow comes across in many other parts.
we go back to the introduction and give it that spirit, We can only know that once we know the theme of the
give it that beginning that I think it deserves. I believe story, we do not even know what story we will be able
it is the same thing in the creation of this Preamble. We to tell.
could begin, as we had already started, on the form of

government, and that is the kind of discussion that MR. NOLLEDO. Am I correct, if 1 say that the
could take place. The Preamble does not have to be the honorable Commissioner apparently labors under the
very first thing that we have to work on. impression that the substance of the Constitution is
found in the Preamble?

MR. GARCIA. Of course not. Commissioner Nolledo.
MR. NOLLEDO. Madam President. Ido not say that the substance is there, but basically the
major theme, the direction, the spirit is there. I think
THE PRESIDENT. Commissioner Nolledo is recog- the Preamble is important enough for us to defer its
nized. final formulation until such a time when we are truly
ready.
MR. NOLLEDO. Will the distinguished Commissioner
yield to interpellations? MR. NOLLEDO. As between spirit and form, we .*re
providing the spirit and the form, the body itself will
follow later on.
MR. GARCIA. Willingly.
ask the question, I under-

MR. GARCIA. I do not believe so. I think we must
MR. NOLLEDO. Before I
have the body and only once the body is there, can we
stand that the term “Preamble” is derived from the
then give it form, spirit and flesh, and let it “walk.”
Latin term preambulare which means walking before it.
In proceeding to the consideration of other proposals,
MR. NOLLEDO. Thank you. Madam President.
there is nothing that “walks” before us. Would the
Commissioner agree with mesay that in approving
if I
that should MS. AQUINO. Madam President.
the Preamble, we are setting out directions
be followed by us in the consideration of the various
proposals submitted to the Constitutional Commis-
nized.
sion?
Antonio
poet MS. AQUINO. I reinforce the position of my
rise to
MR. GARCIA. Exactly. Spanish
colleague. Professor Garcia, who took up the note that I
Machado once said: “Caminando no hay camino se hace
camino al andar.” I agree that right now there is no raised earlier. And
as a comment to the position of
path that is forged until we start walking, but that does CommissionerNolledo, it is my position that the
not mean that a committee can arrogate upon itself, or, Preamble, although not essentially a part of the Consti-
tution, is, however, the distillation of the collective
in a sense, forge in one direction, stating the entire
spirit of the people for whom and whereof it speaks.
vision until such time when serious discussion, debate,
and plenty of consultations have taken place. When Commissioner Nolledo spoke of walking ahead, I
feel, however, that we cannot walk ahead too far; we
cannot afford to be vanguards without looking back.
MR. NOLLEDO. Reading the words of the Preamble,
Today, we have the most unique and the unedited op-
would Commissioner Garcia agree with me that the
portunity to be in deep consultations and conference
words are broad enough to cover practically anything
with the people to determine how they feel and what
that we will do?
they feel. Let us not betray the hope and desire of the
people to be coauthors in this task. It is almost like our
MR. GARCIA. That is exactly my objection. It is so duty to listen to them before we speak.
broad. How can we not object to something so broad
when it does not truly incorporate the concrete desires Thank you. Madam President.
of our people? After twenty years of dictatorial rule
THE PRESIDENT. Commissioner Rosario Braid is
and foreign intervention in this country, we must be
recognized.
able to state in far stronger terms our objectives as a
people. MS. ROSARIO BRAID. Madam President, with due
respect to Commissioners Garcia and Aquino, I think if
MR. NOLLEDO. It is an established precedent that the Committee examines the Minutes of our meeting
the Preamble is not actually a part of the Constitution. this morning, we said that we needed some preliminary
It is just a decorative part in the Constitution. statement that would set directions, and that we will be
open to the desires, the aspirations of the people. I am MR. GARCIA. In the spirit of a fair debate of ideas,
sure my fellow Committee members remember that we I would like to withdraw my motion on the condition
said we our consultations so that
will present this in all thatwe hold a freewheeling discussion on the Preamble,
the people could give us suggestions, and we could without any amendments nor any voting.
improve on the phraseology and provide the spirit in
which the final draft would be developed. Madam Presi- THE PRESIDENT. Is Commissioner Garcia withdraw-
dent. ing his motion on that condition?

This is the spirit in which we drafted the Preamble we
MR. GARCIA. Yes, under tlie condition that will
because we feel that in any endeavors such as ours, we
have a freewheeling discussion on the Preamble.
need a unifying philosophy that would set the stage for
all the other committees and that the Preamble could
offer such. It could evolve into what the seventeen
committees and the public consultations would finally
provide during the next few months. I think it is in this
nized.
spirit that we have come up with a preliminary draft.
Thank you. Madam President. MR. TINGSON.This is just a reply: That is precisely
what our Committee wants to do, and we are happy
BISHOP BACANI. Madam President.
that Commissioner Garcia withdrew his motion.
THE PRESIDENT. Commissioner Bacani, we are still
on the motion to defer.

Commissioner Bacani is recognized.
BISHOP BACANI. am
glad to say that I am in
I
sympathy with Commissioners Aquino and Garcia. But I BISHOP BACANI. I would like to ask Commissioner
would like to proffer some questions to Commissioner Tingson a few questions.
Tingson. First, why did Commissioner Tingson
use the words
“Divine Providence” which is simply repeating what has
THE PRESIDENT. Commissioner Bacani, there is still been used before? The phrase does not sound Filipino.
a motion to defer consideration. In other words, we “Makapangyarihang Diyos”
We, Filipinos, often use
have to a^ on that motion before interpellations can which is a more personal way of denoting God. Why do
be made. That is why the Chair would like to be clari- we not use “Almighty God” instead of “Divine Provi-
fied by Commissioner Garcia if his motion includes or, dence” for easy translation?
rather, covers the fact that there would be no interpella-
tions at all during this particular period. In other words, The second question is: In the order or sequence of
would Commissioner Garcia object to any interpellation
nouns on the last line — justice, peace, freedom and
particular order
equality — is there any reason for that
being made? want to deviate from
or is it simply because we do not
the order of the former Constitution? I ask that ques-
MR. GARCIA. Madam President, am
not very sure
I
actual parliamentary procedure. I was simply tion because it is commonly accepted in Catholic circles
about the
thought was a very important fact, that today that there are four pillars of peace: truth, justice,
stating what I
consider style or spirit, we should consider, love and liberty. Peace is the consequence of all of
before we these. It would seem better to put all of those four
substance for it is crucial. That is why I was
I think the ahead of peace — peace being the result of all of them.
this very moment, before we go on and
thinking that at So, I would like to ask whether or not there is any
consider the resolution, we must defer, for the sake of
ideas, before we can actually particular logic to this arrangement.
apthering more substantial
preamble. That was the spirit of my
write such a MR. TINGSON. First of all, the Committee on
intervention. Preamble, National Territory, and Declaration of
SUSPENSION OF SESSION Principles is conscious of the fact that we have the Com-
mittee on Style which later on would work on this
THE PRESIDENT. The Chair suspends the session.
Preamble. However, we want to include the generally
then
accepted concepts in this proposed Preamble and
It was 5:05 p.m. put finesse to
leave them to the Committee on Style to
it.
resumption of session implor-
Secondly, on the question about the phrase
Commis-
ing the aid of Divine Providence,” may
I ask
Committee, to com-
sioner Nolledo, a member of the
repeat the whole
THE PRESIDENT. The session is resumed. ment on this by saying that we did not
use the
phrase. Instead of the word “aid,” we decided
to
Commissioner Garcia is recognized.
word “guidance” followed by the phrase “of Divine MR. GUINGONA. I notice that in this proposal, the
Providence.” Committee changed the word “liberty” to FREEDOM.
t
The word “liberty” is found in both the 1935 and 1973
THE PRESIDENT. Commissioner Nolledo is recog- Constitutions. I wish to advance the statement tliat I
nized. have no objection to this, but I would like to know the
reason for this change.
MR. NOLLEDO. Madam President, the purpose is
purely for style. have no objection if we revert to
We MR. TINGSON. Madam President, since vve decided
the phrase “the aid of.” But I think it is more emphatic at our Committee meeting this morning that we share
if we use “guidance,” because we are manifesting some
the participation among the Committee members, may
sort of humility. We are subjecting ourselves to the I ask that Commissioner Nolledo be permitted to
guidance of Almighty God.
answer?
BISHOP BACANI. not so much on the word

It is
THE PRESIDENT. Commissioner Nolledo is recog-
“guidance” but on the phrase “Divine Providence.” I am
nized.
wondering whether it is really the more appropriate, the

more Filipino way of addressing our Almighty God. MR. NOLLEDO. Thank you. Madam President.
This change was suggested by Commissioner Rosario
MR. NOLLEDO. I have no objection, ifwe change Braid and her reason is that the term “freedom” is
“Divine Providence” to “Almighty God.” I do not know broad enough to cover freedom from want. “Liberty”
what the sense of the Committee as a whole is.
could not possibly cover freedom from want, so we used
a broader term.
MR. TINGSON. Madam President, similarly, this
Representation would like to say we will be very happy

Thank you for the good question. Madam President.
to see and consider the amendment of Commissioner
Bacani later on. MR. GUINGONA. Thank you.
Madam President, as I said earlier,
I have no objection
BISHOP BACANI. Thank you. to the change. As

matter of fact, there could be ano-
a
ther reason for changing the word “liberty” to FREE-
THE PRESIDENT. Yes, when the period of amend- DOM. Although some say that the word “liberty” is
ments comes. broader, and, therefore, would embrace the word “free-
dom” in its concept, in the Webster’s Dictionary the
MR. ROMULO. Madam President. main definition of both is the same — a quality or state
of being free. The reason I favor the change is that this
THE PRESIDENT. Commissioner Romulo is recog- word “liberty” was copied from the United States
nized. Constitution, and at the time the Constitution of the
United States was drafted, the word “liberty” was a
MR. ROMULO. Madam President, I have only one very popular term as exemplified by Patrick Henry’s
point of inquiry. immortal expression: “Give me liberty or give me
death.”
In view ofour recent experience, did the Committee
consider enhancement of human rights or human Now, I comments of Justice Owen Roberts
recall the
dignity? of the United States Supreme Court in the case of U.S.
vs. Sprague where he said that the United States Consti-
MR. TINGSON. If I remember right in our discussion tution was written to be understood by the voters.
this morning, we did consider human rights under the Paraphrasing the learned jurist, I would say: The Consti-
phrase “rule of justice, peace, freedom, equality.” tution that we are attempting to draft should be written
to be understood best by our people. My observation is
Mr. ROMULO. Will the Committee take that under that between the words “liberty” and “freedom,” the
advisement? If the last 12 or 14 years proved anything, latter is the more accepted term; it is the one that is
we ought to be concerned with human rights.
more used by our people. That is why we do not talk
about liberty of the press, liberty of speech, or liberty
MR. TINGSON. The Committee will be happy to of religion. Instead, we say freedom of the press,
consider Commissioner Romulo’s request.
freedom of religion and so forth.
MR. GUINGONA. Madam President, I have a couple My second question is regarding the use of the word
of questions to ask, may. “patrimony,” which, in the previous Constitutions, was
if I
referred to as the patrimony of the nation.
THE PRESIDENT. Commissioner Guingona is recog- I ask this question because I noticed in several books
nized. on the Constitution of the Philippines that the authors.
in attempting to explain this particular expression, THE PRESIDENT. Commissioner Alonto is recog-
related it would like to find
to natural resources alone. I nized first; then followed by Commissioner Suarez.
out from the members of the Committee whether they
share that view or whether they are more in favor of the MR. ALONTO. Madam President, will the distin-
concept, as expressed by President Sinco in his book on guished Gentleman yield to some clarificatory ques-
Philippine government, that the phrase “patrimony of tions?
the nation” refers to everything that belongs to the
Filipino people. It embraces material property, as well as MR. TINGSON. Willingly, to the Honorable Alonto.
intangible possessions. Under the first class of patri-
mony, we have the land and the natural resources of the MR. ALONTO. In the first place, I would like to
country which include our waters, forests, minerals and congratulate the Committee for its beautiful proposal.
all sources of potential energy. The intangible assets are However, I have one question for clarification. Does
the ideals, the customs and the traditions of theraceâs not the sponsor believe that the phrase “imploring
well as the manpower supplied by the individual consti- the guidance of Divine Providence,” which is well taken,
tuents of the Filipino nation. I would like to find out contradicts the first phrase “sovereign Filipino people?”
from Commissioner Tingson which of the two inter- I ask so because “sovereign people” do not ask the
pretations or concepts the Committee has adopted. guidance of anybody. But if we recognize that the guid-
ance of God Almighty or the Divine Providence is
MR. TINGSON. Madam President, Commissioner needed by us as a people, then we have to admit that
Guingona will be happy to know that we have discussed the word “sovereign” which defines the characteristic of
Human the word the Filipino people, does not exactly lie in our hands
with the Committee on Resources that
but in the hands of the Divine Providence from which
“patrimony” embraces precisely not only natural re-
sources but also human

resources, believing that life in we seek guidance.
this world consists not only in the abundance of the
REV. RIGOS. May I comment on that. Madam
things that man possesses, for man does not live by
President?
bread alone. So, we are happy to let Commissioner
Guingona know that that is precisely what we meant
there. did not want to put “material and human
We MR. TINGSON. Madam President, may I yield the
resources” because that would add more words to the floor toCommissioner Rigos, who is a noted Minister of
Preamble. the Gospel and a theologian.
MR. GUINGONA. Thank you, Madam President. THE PRESIDENT. Commissioner Rigos is recog-
nized.
MR. VILLACORTA. Madam President, may I be

REV. RIGOS. I think the sovereignty of the Filipino
recognized? people precisely rests upon the grace of Almighty God.
In other words, it is a kind of sovereignty that does not
THE PRESIDENT. Commissioner Villacorta is recog- pretend to usurp the place of God. I think the use of the
nized. word “sovereign” there is very fitting. We, on the one
hand, declare that the Filipino people are sovereign
MR. VILLACORTA. Thank you. people; but on the other hand, we still acknowledge that
to there is One to whom we owe allegiance.
With respect to changing the word “liberty
“FREEDOM,” if the intent is to include the concept of
MR. ALONTO. Why do we not clarify it? Why
freedom from want, I think, in addition to liberty, we as-
sume something we do not have? If we recognize the
should add the desideratum of freedom from want. I
sovereignty of God Almighty, then let us make it plain.
think we should be very explicit in this because for
That is the reason we are seeking His guidance. And so I
almost 90 years of constitution-making and constitu-
think, if we follow the thoughts of the framers of the
tional implementation in our country the plight of the
Malolos Constitution, it would be better, merely stating
masses has not improved. This could be because the
that we are a people, and that we have to live and create
constitutions that we have had so far did not adequately
an institution derived from the guidance and aid of the
and seriously stress the people’s need for freedom from
we Supreme Legislator.
want. So, may I recommend to the Committee
that
include “freedom from want” in addition to “liberty.

MR. SUAREZ. Madam President.
MR. TINGSON. Madam President, the Committee

the
THE PRESIDENT. Is Commissioner Alonto through
will be very happy to receive, in written form, with his questions?
suggestion of Commissioner Villacorta.
Commissioner Suarez is now recognized; then to be
MR. ALONTO. Madam President. followed by Commissioner de los Reyes.

MR. SUAREZ. Thank you, Madam President. then amended in the 1973 Constitution in order to
some questions? reflect thecircumstances obtaining during that time, so
Will the sponsor yield to
much so that the 1973 Constitution reflected the waves
of turbulence that became prevalent in the early 1970s
MR. TINGSON. Gladly, Madam President.
and that induced the 1971 Constitutional Convention to
introduce two other blessings enjoyed by the Filipino
MR. SUAREZ. I wish to thank Commissioner
people: the blessings of peace and equality. Is the
Tingson for the report which he has submitted to the
sponsor aware of that situation?
body.
MR. TINGSON. Yes, that is true; thank you for that

MR. TINGSON. Thank you.
observation. Madam President.
MR. SUAREZ. After Commissioner Tingson was

interrupted in his joyful presentation of Committee Re- MR. SUAREZ. Does the sponsor also agree with me
port No. 1, will he join me in a brief but emotional
that the othermajor change that was effected between
constitutional journey involving the Preamble of our the 1935 Preamble and the 1971 Preamble had refer-
Constitution? ence to the substitution of the word “independence”
with “democracy”?
As understand it, we are working on the basis of
I
three working drafts: the Malolos Constitution of 1899, MR. TINGSON. Yes.
the 1935 Constitution and the 1973 Constitution
without the amendments. That is quite clear, is it not?
MR. SUAREZ. we were still
In the 1935 Constitution
aspiring for independence, but in the
1973 Constitution
MR. TINGSON. Yes, it is.
we supposedly already enjoyed independence; that is
the sponsor aware that of these why we were enjoying the blessings of democracy. That
MR. SUAREZ. Is all
was the one reflected in the Preamble of the 1973
three Constitutions contain a preamble?
Constitution. Is that also correct?
MR. TINGSON. Yes, as a matter of fact, we recited

MR. TINGSON. That is correct.
them a while ago.
the Commissioner agree with

MR. SUAREZ. We come now to Commissioner
MR. SUAREZ. Would
Tingson’s proposal retaining the words “justice, peace,
me that in formulating a preamble, it must be a
freedom and equality.” There are suggestions here to
preamble without a stigma of colonialism and authentic-
and in con- include other phrases reflective of the sentiments of our
ally Filipino in character, in identity
people. Would the Commissioner have any objection to
sciousness?
that at the proper time?
MR. TINGSON. We cannot agree more.

MR. TINGSON. The only trouble about adding more
words is that our Preamble
might be so inordinately
MR. SUAREZ. Does the sponsor also agree with me
long that it will not jibe with the beauty of this docu-
that since the Preamble is symbolic of the highest ideals
and aspirations of the Filipino people, such must be so
ment that we are trying to come up with. We believe,
as we discussed this morning, that those words would
stated in our Preamble?
best describe the Filipino people.
MR. TINGSON. Yes, I agree with Commissioner At this juncture, the President relinquished the Chair
Suarez. to the Vice-President, the Honorable Ambrosio B.
Padilla.
MR. SUAREZ. Now we go to the Preamble of the
1935 Constitution. Would the sponsor agree with me MR. SUAREZ. Thank you.
that it contains colonial vestiges which we must rid Let us not sacrifice substance for aesthetics especially
ourselves of? in the Constitution. But I agree with the sponsor that
it is a matter of style, but without prejudice to sub-
MR. TINGSON. The Preamble of the 1935 Constitu- stance, of course. Is the sponsor in agreement with us
tion does not necessarily tell that we were under op- that we must make our Preamble warm and humanized
pressive colonial rule. Unfortunately, we know that we since it deals with the masses, the common people?
were under colonial rule when the 1935 Constitution
was written. MR. TINGSON. Hearing Commissioner Rosario Braid
read the proposed Preamble, I cannot make it any
MR. SUAREZ. I am
only referring to the 1935 warmer than what it is. It would be nice if we could all
Preamble appearing in the 1935 Constitution. Since it agree and just approve this Preamble today. But, of
was practically an American-imposed charter, it was course, I do not propose that.
MR. SUAREZ. I ask that question because in the MR. TINGSON. The Commissioner has precisely ex-
1935 Constitution the Preamble was expressed in the pressed the sentiments of the Committee.
third person. It was coldly impersonal and there was no
warmth in it. But in the 1973 Constitution we used the MR. DE LOS REYES. So, is it not better to retain
first person plural. We used the pronoun “We” followed the word “develop,” instead of saying “conserve and
by the phrase “the sovereign Filipino people,” making it enhance our patrimony,” for there is nothing to en-
more warm and human. Is that not what was supposed hance in our patrimony? We should only conserve our
to have been the motivation behind the amendment? patrimony and develop it, which means that we should
discover this patrimony and utilize its untapped re-
MR. TINGSON. Listening to Commissioner Suarez sources for our development, because we are a develop-
reminds me of what was said on the floor of our 1971 ing country. Is that not the more appropriate term? Of
Constitutional Convention of which he was an honor- course, “enhance” sounds more literary, but I think the
able member, and I appreciate his recalling of what we more accurate phrase to describe what should be done
had decided then but which is still valid for this pro- with our patrimony is “conserve and develop.”
posal.
MR. TINGSON. Mr. Vice-President, may I call on
MR. SUAREZ. Thank you. Commissioner Quesada because I recall that she par-
ticipated well on this particular phrase this morning.
My last question is: Should we not make the people
closer to the Constitution, particularly in the formula- THE VICE-PRESIDENT. Commissioner Quesada is
tion of the Preamble? recognized.
MR. TINGSON. We believe that it should be so; that MS. QUESADA. Mr. Vice-President, when we chose
is records in our Com-
why I personally insist that the the word “enhance,” we were actually thinking of a
mittee meetings should show that the Preamble is the word that will really improve the word “develop” be-
collective prayer of the people. Nothing could make a cause we said we are in the process of development, but
man closer to God and to his people than praying, be- we would like to improve the phase of development of
cause praying would not make a man tell a lie. He is our patrimony. So, that was the word we thought ap-
speaking not to man whom he could deceive but to God propriate to improve the term “develop.”
who looks with an X-ray penetrating pair of eyes, and to
his own heart. MR. DE LOS REYES. Thank you.
MR. SUAREZ. So, may we get the assurance of the THE VICE-PRESIDENT. Is Commissioner de los
Committee that we formulate the Preamble reflective of Reyes through?
the highest ideals, aspirations, culture and tradition of
our Filipino people? MR. DE LOS REYES. Not yet, Mr. Vice-President. I
have two more questions.

MR. TINGSON. We give Commissioner Suarez the
assurance, with the cooperation and approval of this The use of the descriptive word “participatory,” I
understand from the explanation of the distinguished
honorable body.
sponsor, is to institutionalize people power, is that
correct?
MR. DE LOS REYES. Mr. Vice-President. MR. TINGSON. That was in the mind of the Commit-
tee members inasmuch as we are conscious of the fact
THE VICE-PRESIDENT. Commissioner de los Reyes that there are quite a number of our colleagues here
is recognized. who would like precisely not to constitutionalize in a
sense, but never to forget the virtue and the power of
MR. DE LOS REYES. Will Commissioner Tingson the people as demonstrated recently.
yield to a few interpellations?
MR. DE LOS REYES. Before Commissioner Rosario
MR. TINGSON. Willingly.
Braid answers the question, I would like to state the
following so that she could complete her answer, taking
MR. DE LOS REYES. The Commissioner used the
into account what I will say, Mr. Vice-President.
word “enhance” instead of the word “develop.” To my
When we describe democracy as participatory, it
understanding, when we say “enhance,” we mean
that
nonparti-
seems to imply that there is such a thing as
we add something more to something that already very essence
She is cipatory democracy. Democracy by its
exists, for example, we enhance one’s beauty. people and
but we enhance or accentuate her means government of the people, by the
already beautiful participation of
for the people, which already connotes
beauty. Is that correct?
the people. And, therefore, there is no need to put the THE VICE-PRESIDENT. The Assistant Floor Leader
unnecessary description “participatory.” As a matter of is recognized.
fact, Mr. Vice-President, this people
or revolution
people power came about despite the absence of the MR. CALDERON. Will the sponsor yield to some
word “participatory” in the 1973 Constitution, mean- questions?
ing, that there is no need to insert the word “participa-
tory” in order to plant into the consciousness of the MR. TINGSON. Gladly, Mr. Vice-President.
people active participation in a democracy.
MR. CALDERON. Is the sponsor aware that this term
MS. ROSARIO BRAID. Mr. Vice-President. “participatory democracy” was first used by President
Marcos to justify the creation of the barangays?
THE VICE-PRESIDENT. Commissioner Rosario
Braid is recognized.
MR. TINGSON. I have not read that, and so I am not
sure.
MS. ROSARIO BRAID. I explained earlier that this

word “democracy” has been in the past constitutions MR. CALDERON. No, my question is; Is the Com-
and yet, over the past decades our people have been missioner aware that this term was first used by Presi-
relatively passive. And so we thought that by including
dent Marcos to justify the creation of the barangays?
this qualifying adjective we could instill this need to
participate - mass participation rather than participa- MR. TINGSON. I am aware now because the Gentle-
tion by a few - because we all agree that democra- man has mentioned it.
cy by itself has not really worked, so we want active
participation. Call it whatever, we will agree to a phrase MR. CALDERON. If President Marcos was the first
as long as it qualifies the word “democracy.” to use this term “participatory democracy,” could it not
be said that we are trying to immortalize the words of
MR. TINGSON. Mr. Vice-President. President Marcos into our Constitution? He was the
first one to use this.
MR. DE LOS REYES. Mr. Vice-President, just a

minute. My apprehension is that when we place the MR. TINGSON. Mr. Vice-President, the Committee
descriptive word “participatory,” tends to limit the it never mentioned that name this morning. And we do
meaning of democracy when we all know very well not intend to mention that name in our future meetings.
there is such a thing as “representative democracy.” So,
we limit actually our choice when we say “participatory MR. CALDERON. Of course, Mr. Vice-President. But
democracy,” and somehow exclude the essence of I just want to bring out the fact that this term was first
representative democracy. used officially.
My next question is regarding the words “guidance of

Divine Providence.” I recall very vividly that the Vice- MR. TINGSON. I thank the Commissioner for the
President was one of those delegates to the 1971 Consti- information.
tutional Convention who proposed to change the words
“Divine Providence” to “ALMIGHTY GOD.” Unfor- MR. CALDERON. Thank you, Mr. Vice-President.
tunately, there were those in the 1971 Constitutional
Convention did not believe in God — they were
who THE VICE-PRESIDEN r. Commissioner Regalado is
atheists - and they objected vehemently to the use of recognized.

the words “Almighty God” as a Supreme Being. They
would rather refer to “divinity” as some sort of a divine MR. REGALADO. May I ask just a few questions.
faith, a divine destiny. And so, the use of the words
Apropos of what has been spoken about participatory
“Almighty God” did not prosper, and as a compromise
democracy, which we will find in P.D. No. 1 508 creat-
we stuck to the use of the word “Divine Providence” as
ing the barangay, mention was made by one Commis-
used in the 1935 Constitution.
sioner here who is a member of the Committee that one
of the reasons it decided to change the word “regime”
MR. TINGSON. Mr. Vice-President, is the Commis-
to “RULE” was that “regime” appears like a “regi-
sioner willing to use “Almighty God” instead of “Divine
mented population” and that we often referred to the
Providence”?
past dispensation as the Marcos regime. Why do we still
speak of “participatory” when this was first enshrined
MR. DE LOS REYES. I have not made up my mind 508?
officially by President Marcos in P.D. No. 1
yet.
Thank you, Mr. Vice-President. MR. TINGSON. Mr. Vice-President, as we said, the
Committee would be very glad to receive and consider
MR. CALDERON. Mr. Vice-President. amendments in writing.
REV. RIGOS. Mr. Vice-President. individual in drafting the Preamble. I notice that most
of the phrases of the Preamble referred to body politic
THE VICE-PRESIDENT. Commissioner Rigos is or collective bodies that embody our aspirations, our
recognized. ideals, our common good, our patrimony, and so on.
REV. RIGOS. Mr. Vice-President, I am sure the Com- MR. TINGSON. Mr. Vice-President, the Committee
mittee taking note of all these comments for its con-
is thought that that is included within the purview of this
sideration in the next meeting. I would like to suggest Preamble we are proposing.
the possibility of constituting the Preamble of at least
two sentences instead of just one long sentence. For MR. MONSOD. Will the Committee consider at the
instance, we just say: “We, the sovereign Filipino appropriate time such phrase RESPECT THE DIGNITY
people, implore the guidance of Almighty God: To this OF THE HUMAN BEING?
end, we do ordain and promulgate this Constitution.”
This is just a suggestion I will put in writing. MR. TINGSON. At the appropriate time, we will be
glad to consider that, Mr. Vice-President.
MR. TINGSON. Mr. Vice-President, usually pream-
bles are so stated in only one sentence, but there is no MR. MONSOD. Thank you.
reason we cannot change it.
THE VICE-PRESIDENT. Commissioner Abubakar is
want be different, Mr. Vice- recognized.

REV. RIGOS. I to
President.
MR. ABUBAKAR. The amendment “guidance” will
make a difference in what we are asking from Divine
MR. TINGSON. Yes. Providence. “Guidance” is a good word, but others may
not be convinced that they need guidance and they may
MR. MONSOD. Mr. Vice-President. disregard it. Could we not use the original concept of
the Constitution “imploring the aid”? “Aid” is more
MR. ABUBAKAR. There is only one word I would appropriate because we are imploring help from Divine
like to take into consideration. Providence. It is stronger; it is positive; it does not limit
the choice of what we are imploring from Divine Provi-
THE VICE-PRESIDENT. Commissioner Monsod is
dence. I think that is more positive and is more in
recognized. consonance with the religious belief of the people that
one can supplicate aid from Divine Providence. So, I
MR. ABUBAKAR. Mr. Vice-President, this is only
suggest that instead of “guidance,” substitute IMPLOR-
one word so this body could decide because this is
ING which is one simple word but makes a lot of
important. difference, Mr. Vice-President.
the VICE-PRESIDENT. Commissioner Abubakar, MR. OPLE. Mr. Vice-President.

the Honorable Monsod was recognized first.
THE VICE-PRESIDENT. Commissioner Ople is

MR. MONSOD. Will the sponsor yield to a question?
recognized.
MR. TINGSON. Gladly, Mr. Vice-President. MR. OPLE. Thank you very much, Mr. Vice-President.
Will the Gentleman yield to just a few questions?
MR. MONSOD. May I ask the Committee if it
drafted this Preamble in Pilipino? MR. TINGSON. Gladly, Mr. Vice-President.
MR. TINGSON. I must confess I am not in a position MR. OPLE. The procedure so far has been analytical,
to do that because I dialects in
speak one of the noblest which means the proposed Preamble has been broken
the world, Ilongo, but not Pilipino. But the other Com- down into components which previous speakers have
mittee members, I suppose, could do that, Mr. Vice- submitted to analysis. At the same time. Commissioner
President. Tingson agrees that in the end it is the total impact or
lack of it of the whole text of the Preamble that will
I suggest that the Committee
MR. MONSOD. May matter to the average Filipino reader.
consider drafting the Preamble in Pilipino so as not to
preempt any decision of this body with respect to the MR. TINGSON. Yes, Mr. Vice-President.
language or languages that may be used in the Consti-
MR. OPLE. Does Commissioner Tingson hold the
tution.
average
may ask Commissioner Tingson whether the view that in terms of the total impact on the
Also, I
supeiior to the
Filipino reader, thisproposed text is
Committee considered highlighting the dignity of the
previous Preambles that have been presented? Let us There is a sense in which the Committee was very
of the ability to resonate in the heart and
say, in terms preoccupied with the stylistic changes in the hope of
mind of the Filipino reader, to strike a chord of re- improving upon the original Preambles of the 1973.
sponse, to derive inspiration as a Filipino, a patriotic 1935 and the 1899 Constitutions. And I suppose this is
Filipino who subscribes to democracy. Does the sponsor laudable because we would like posterity to know that
think that by this standard of the whole text rather than we put the stamp of our own perceptions living at this
the specific parts thereof a greater impact is realized time on this watershed of a declaration, the Preamble of
from this proposed Preamble as distinguished, let us say, the Constitution. But apart from certain changes of
from the Preamble of the 1 973 Constitution? style, there no manifest difference unless we take at
is
face value the statements earlier made by Commissioner

Villegas that there is a real distinction between the
MR. TINGSON. Mr. Vice-President, we appreciate
general welfare and the common good, or unless we take
hearing from Commissioner Ople that this is better in a
literally the statements of Commissioner Rosario Braid
sense, and Commissioner Rosario Braid was very happy
to the effect that “enhance” as distinguished from
of this product of our Committee’s deliberation this
“develop” is an improvement on the term “develop.” I
morning. She said that perhaps it was so because we
think it can be an improvement in the sense of style but
opened our Committee meeting with a prayer and we
it changes the substance of the original word “develop”
were really given extraordinary direction by the
and this has already been the subject of a previous inter-
Almighty. Since this was the first committee to hold a
vention by Commissioner de los Reyes. I think I will ask
meeting, we decided precisely to seek Divine guidance
the Committee to review this very important word “en-
this morning. We would, therefore, suggest that all other
hance,” if the sponsor agrees. In this high-technology
committees do the same.
era “enhancements” are generally used in terms of
computers. And what does it mean? It means that if we
MR. OPLE. Mr. President, I do not trust my poetic raise an Apple Macintosh 128K to 256K, that is an
ear. I one part of the Constitution where by
think this is enhancement. It is the same computer. All the micro-
tradition there is a license to be poetic rather than chips inside are unchanged. A little bit of the power is
merely to be precise. I do not agree that the Preamble is enhanced, including the power supply and, therefore,
not an integral part of the Constitution. Only by strictly this probably cannot meet the general desire that the
legal standards can we say that the Preamble is not an patrimony of the nation be conserved, as well as be
integral part of the Constitution in the sense that it is developed. And I think somewhere there, the distribu-
not likely that it will be used as a controlling rule in the tion of the fruits of development of our national patri-
development of jurisprudence that eventually adds up mony ought to be inserted and not merely under the
to a perpetually growing dynamic Constitution. I do not general rubric of equality. These are some of my
want to disparage the role of a preamble in a constitu- observations, Mr. Vice-President, and I hope the
tion. Committee on Preamble will take them into account.
Mr. Vice-President, some reservations have already
MR. CONCEPCION. Mr. Vice-President.
been expressed here on the floor concerning “participa-
tory democracy.” I confirm what has been disclosed
that this phrase was first invented during a previous era
THE VICE-PRESIDENT. Commissioner Concepcion
is recognized.
in connection with the principle of propagating partici-
patory democracy at the barangay level. But I see

nothing wrong in building into the Preamble some
MR. CONCEPCION. Thank you, Mr. Vice-President.
concepts about, let us say, people power in a manner I would add only a few thoughts for consideration
that will not limit the beautiful time, timelessworld of of the Committee on Preamble. In the first place, there
democracy, in the sense that we are dealing here with was a substitution of the word “develop” to “enhance.”
genera and species. I think most of us would prefer the One may say that most of these things are a matter of
generic name of democracy. The minute we modify it taste, but if we consider human resources as part of the
into participatory democracy, it becomes
self-limiting; patrimony of the nation, we do not enhance the human
It becomes
a species or a subspecies of the genus. Now, I resources. Generally, we develop them and enhance
said I have no objection
to reflecting people power. I human dignity or enrich the quality of life. I would
would go beyond that in the Declaration of Principles. I suggest that the use of the word “enhance” in lieu of
trust Commissioner Tingson will agree with me
that the “develop” be studied carefully. As Commissioner Ople
right of a people to revolt should be written right there has wisely suggested, we might use the two words one
in the Declaration of Principles as a warning to all future after the other.
rulers who may abuse this Constitution. If they depart Then, there is the matter of “participatory democra-
from it, the people should rise in revolt and that right cy.” Apart from its historical flavor or connotation, the
must be enshrined in the Constitution. But I am not term suggests that there is a democracy which is not
dealing with the Preamble just to anticipate one of the participatory. I appreciate the good intention of the
resolutions to be filed later. Committee in using the word “participatory.” And,
lastly, there the substitution of the word “rule” in

is THE VICE-PRESIDENT. What is the point of order
lieu of “regime.” We speak of the rule of law, but not of the Gentleman?
the regime of law; again we use the word “regime” in
connection with justice — like regime of justice. Insofar MR. MAAMBONG. The point of order, Mr. President,
as freedom is concerned, the word “liberty” has a his- is that there can be no interpellation during the period
torical significance. It is the French Revolution which of sponsorship. May I now seek a ruling on that point of
”
popularized the phrase “egalite, fraternite, liberte. So, order, Mr. Vice-President?
I suggest that we consider the restoration of the word
“regime,” which is broader in scope, instead of “rule” RULING OF THE CHAIR
because if we say “rule,” it should be the rule of law.
The problem not so much what the law is, but how
is THE VICE-PRESIDENT. Sometimes, our sponsor
the law is enforced. Therefore, it is not enough for us to makes reference to other members of the Committee to
draft a legally excellent constitution, but to take appro- answer or clarify certain points. And I believe that Com-
priate measures to insure that persons duly suited by missioner Nolledo is probably trying to clarify certain
temperament, by training, by their school of thought or points that have been raised by Commissioner Concep-
way of life, are chosen to carry out the spirit of the cion. On that point, we will allow Commissioner
Constitution. Nolledo to answer and clarify matters, being a member
of the Committee, but really there should be no further
I thank you, Mr. Vice-President.
interpellation.
MR. NOLLEDO. Mr. Vice-President.

MR. NOLLEDO. Thank you, Mr. Vice-President. I
would like to remind my distinguished colleague. Com-

THE VICE-PRESIDENT. Commissioner Nolledo is
missioner Maambong, that we agreed in caucus that the
recognized.
Rules shall be interpreted liberally.
MR- NOLLEDO. Will Commissioner Concepcion
to a few questions? MR. MAAMBONG. Mr. Vice-President, in order to
yield
keep things in order, as ruled by the Presiding Officer,
may I, for the record, ask the distinguished sponsor to
MR. CONCEPCION. Yes, Mr. Vice-President.
yield the floor to Commissioner Nolledo for the purpose
of this interpellation.
MR. NOLLEDO. about the use of the word
It is
“particip3t®0^ to describe democracy. I would like to

honor to Commissioner Rosario Braid for add-
THE VICE-PRESIDENT. The sponsor may do so.
give the
word to describe democracy. For rnany years,
ing that MR. TINGSON. The sponsor would like to yield the
Vice-President, we have stuck to the term “de-
Mr. floor to a member of our Committee, Commissioner
alone. And for many years also under the
iTiocracy” Nolledo.
Marcos regime . . .
MR. NOLLEDO. Thank you. Commissioner Tingson.

MR. MAAMBONG. Mr. Vice-President, may I raise a
For many years, we have stuck to the word “de-
point of order?
mocracy” alone without any description, and for many
years under the Marcos regime, we had what we call the
MR. NOLLEDO. Mr. Vice-President, I am prefacing
“silent majority.” Many people lost their interest in par-
question with some preliminary statements.
my ticipating in the affairs of the state, of government, and
of society, because perhaps their freedoms were cur-
THE VICE-PRESIDENT. What is the point of order
But because of people power, which reminded us
of Commissioner
Maambong? tailed.
all that we practice what we call vibrant democracy,
then democracy will be more meaningful. And I know

MR. MAAMBONG. We are in a period of sponsorship,
and the rule states that during this that was the basic reason we added the expression “par-
Mr. Vice-President,
ticipatory democracy” which means vibrant and living
period there can be no interpellation.
democracy. We wanted the Filipino people to know
that and to keep on practicing a living democracy rather
MR. NOLLEDO. Mr. Vice-President, I am a member
than a democracy with few people speaking and with
of the Committee and interpellating the distinguished
the majority remaining in stolid silence.
Member is one way of explaining our stand, one way of
explaining the of the Committee. Instead of
report Would Commissioner Concepcion agree with me if I
talking in defense of the committee report, I am raising say that the meaning of participatory democracy is
questions to clarify our stand. vibrant democracy?
MR. CONCEPCION. my
remarks that I
MR. MAAMBONG. May seek a ruling on the Gentle-
I I stated in
man’s point of order, Mr. Vice-President? appreciate the intent of the Committee on Style. But
I thought the Preamble should be something that one MR. TINGSON. I will be very glad to, Mr. Vice-
could read without coming across something that would President.
provoke debate. In addition, I have in mind the observa-
tion made, I think, by Minister Ople that, perhaps, the MR. SARMIENTO. Would Commissioner Tingson
matter of participatory democracy could be stressed agree with me that the word “democracy” was en-
better in the Declaration of Principles or some other shrined in the 1935 and 1973 Constitutions?
appropriate part of the Constitution. This is a thought I
felt should be conveyed to the Committee. There are MR. TINGSON. Yes.
words which generally form part of common phrases.
MR. SARMIENTO. Would the Commissioner agree
MR. NOLLEDO. For my last question, would the with me that a preamble reflects — to borrow the word
Commissioner agree with me that the fact that Mr. of Commissioner Nolledo — the vibrant and alive senti-
Marcos used the term “participatory democracy” should ments, yearnings, sufferings and tribulations of our
not deter us from using the term too? Mr. Marcos used people?
that term but he did not practice it. He used to talk
about freedom but he did not implement it also. MR. TINGSON. It is beautifully said.
MR. CONCEPCION. Mr. Vice-President, the problem MR. SARMIENTO. Would it not be better if, instead
of using the controversial phrase “participatory de-
with the term is its notorious history in the Philippines.
mocracy,” we use a vibrant, alive and contemporaneous
There is nothing wrong with it but it injects a point that
phrase, the “blessings of people’s power”?
may raise issues. Is there a democracy that is not par-
ticipatory? My impression, like that of the others, is
MR. TINGSON. Instead of “participatory democra-
that democracy - the essence of it - is people’s par-
cy”?
ticipation in government, people’s power. Unfortunately
in the past, our “democracy” iias not been truly par-
MR. SARMIENTO. “Participatory democracy” is too
ticipatory. In other words, one of the greatest sources
restrictive and it reminds us of a past era of darkness.
of criticism against democracy in the PhUippines, as well
Can we not say “blessings of people’s power,” since it
as everywhere else in the world, is not really that de-
reflects the contemporaneous needs, yearnings and
mocracy is wrong, but that there has not been enough
aspirations of our people?
participation by the people. That there is democracy on
paper, but none in practice. I suppose the term “par-
ticipatory,” as used by the Committee, tends to stress
MR. TINGSON. We did not have in mind merely the
that we are trying to establish a democratic system not
political aspect of participatory democracy; economic
only on paper but in fact, in reality.
participation is needed too to make freedom alive.
MR. SARMIENTO. But does not Commissioner

the
MR. NOLLEDO. The statements of Commis-
last
think that the phrase “people’s power” is too embracing
sioner Concepcion seem to support the need for the
to cover economic participatory democracy?
descriptive word “participatory.”
MR. TINGSON. “People’s power” is more of a
MR. CONCEPCION. Yes, precisely I am for that. political connotation than otherwise.
MR. NOLLEDO. I agree that there is no participatory MR. SARMIENTO. beg to disagree with Commis-
I
democracy in our country. Thus, it is the sense of the sioner Tingson because the phrase “people’s power”
Committee that we would like to impress on our people would cover even economic, social and political power.
the need for participatory democracy. That is why we
Not only does it connote political power.
urgently urge our colleagues in this Commission to
kindly support our stand.
MR. TINGSON. The trouble with using words that
Thank you. are of current usage simply because itcaught the head-
lines of the newspapers recently would make our
MR. SARMIENTO. Mr. Vice-President. Constitution something transitory in nature. We want a
constitution that would endure until two hundred, three
THE VICE-PRESIDENT. Commissioner Sarmiento is hundred years from now, and the phrase “people’s
recognized. power” may be passe' at that particular time, but “par-
ticipatory democracy” probably would endure longer.
MR. SARMIENTO. I have a few questions to the
Chairman of the Committee, Mr. Vice-President. MR. SARMIENTO. Does not the Commissioner think
that the term “people’s power” would be enduring and
THE VICE-PRESIDENT. Commissioner Tingson may lasting since it and collective
reflects the collective will
yield if he so desires. power of our people? Not only “democracy,” which is
Greek in origin, kratos — the power of the

demos sapagkat naroon naman ang salitang katarungan. Kung
people, by the people and for the people — would last, nasaan ang katarungan, naroon ang kapayapaan. Ilagay
but also “people’s power” although it is very contempo- natin sa kanayunan. Kapag ipinairal mo ang tunay na
raneous. It reflects the very present yearnings and reporma sa lupa sa kanayunan, mawawala ang kaguluhan
longings of our people as actualized during the February at magkakaroon ng kapayapaan. Ang unang pinakama-
25, 1 986 revolution. halaga’y katarungan.
Pangalawa, maaari na ring tanggalin iyong “respect
MR. TINGSON. That why our Committee wanted
is
and dignity of human being or human rights.” Habang
to accommodate those among us here, including Com- naroroon ang katarungan, iginagalang muna ang digni-
missioner Sarmiento, who are so geared up, so to speak, dad ng tao at kanyang mga karapatan. Kamukha sa
to protect people’s democracy by using the phrase kanayunan, bakit naroon ang paglabag sa karapatan ng
“participatory democracy,” meaning “people’s power” tao? Walang katarungan dahU naroroon ang feudalismo.
also. lyon ang mitsa ng paglabag sa karapatan ng tao. Pero
kapag pinairal mo ang tunay na reporma sa lupa sa kana-
MR. SARMIENTO. I have one last question to Com- yunan, naroon na ang paggalang sa karapatan ng tao.
missioner Tingson. May I know if the words “ideals” Wala nang lalabag pa. Kaya maaaring tanggalin na ang
and “aspirations” cover the term “heritage”? Because I nasabing mga salita para mapaikli pa natin ang ating
would like to amend so the phrase would read: “to Preamble.
establish a government that shall embody our HERI-
Tungkol naman dito sa gasgas na gasgas na salitang
TAGE, ideals and aspirations” in the Preamble. I think demokrasya, bakit nilagyan ng “participatory”? Sapag-
“heritage” refers to our tradition of struggle for free-
kat ang demokrasya natin noon ay elitist and feudal.
dom and liberty, so it should not only be “ideals and Ngunit ayaw din ng magbubukid ng salitang “par-
aspirations.”
ticipatory” sapagkat iyon ay nagiging dekorasyon
lamang. Ang tinatawag na elitist democracy ay nabuo ng
MR- TINGSON. We .would be glad to accept and
two-party system. Ang two-party system ang humubog
consider the written amendment of Commissioner
sa elitist democracy na sinabi ni Commissioner Concep-
Sarmiento.
cion, kaya’t nawala ang katarungan sa ating bansa. Ano
ang mga salitang tama sa pananaw ng magbubukid na
MR. SARMIENTO. Thank you very much.
bumubuo sa 75 porsiyento ng mamamayan? Ang mga
salitang tama ay “popular democracy.” Iyon ang mag-
the VICE-PRESIDENT. Commissioner Rodrigo is
wawasak sa elitist democracy na hinubog ng ating
recognized. sistemang pampulitika ayon sa interes ng mga dayuhan.
Habang naroroon ang two-party system, mga kasama sa
MR- RODRIGO. Mr. Vice-President, I have a dif-
Kagalanggalang na Kapulungang ito, hindi natin mawa-
ferent approach
to on the use of the word
this issue
wasak ang elitist democracy. Ang magwawasak lamang
“participatory.” Of all the parts of the Constitution, the
diyan, upang makamit natin ang tunay na demokrasya
Preamble is the one that is memorized even by grade para sa mga tao, ay ang “popular democracy.” Ano ang
high school students. So, unless absolutely
school and ibig sabihin nito? Ang lahat ay maaari nang makilahok
we should not use multisyllabic words which
ecessary, o makisali pati na ang “elite.” Ngunit kung pananatili-
easy to pronounce. The word “par-ti-ci-pa-to-ry”
re not hin pa rin natin ang two-party system, sasabihin ko sa
has six
syllables. A grade school student will find it hard inyo na hindi tayo makaaalis, hindi tayo makahuhulag-
to pronounce. pos sa elite democracy. (Applause)
Another approach is this: I suppose this Constitution
Pilipino version, so I was thinking, how do I MR. RAMA. Mr. Vice-President, I ask that Commis-
will have a
translate
“participatory” in Pilipino? All I can say is sioner Maambong be recognized.
demokrasyang nilalahukan ng taong bayan, but that is
THE VICE-PRESIDENT. Commissioner Maambong is
redundant because talagang nilalahukan ng taong bayan
ang demokrasya.
And everybody knows the definition recognized.
given by Lincoln — a government of the
of democracy
people, for the people, and
by the people. And “by the MR. MAAMBONG. Will the distinguished sponsor
connotes participation. So, those are my only yield to a few questions?

people”
comments. Maambong.
MR. TINGSON. Yes, Commissioner
TADEO. Mr. Vice-President, hindi na po maka-

am have to make
ang magbubukid sa talakayan tungkol sa tunay na MR. MAAMBONG. I sorry if I
“participatory
reference again to the overused words
tiis
kahulugan ng salitang demokrasya. Subalit bago ako study of
democracy.” I seem to recall that in our
dumako sa salitang demokrasya na pinag-uusapan, gusto two general types of
ang Political Science, there seem to be
ko munang linawin na maaari sigurong tanggalin na
Commissioner Bacani democracy: One is direct democracy, where the people
salitang “peace” na sinasabi ni
themselves perform functions of government; and the MR. TINGSON. We thought we were trying to ac-
other is democracy, where the
indirect or representative commodate the thinking of some of our fellow Com-
people themselves do not directly perform functions of missioners here; but then, I would say that this implies
government, but delegate these functions to the rep- both direct and indirect democracy.
resentatives of their own choice. This representative
democracy has been mentioned by some authors as MR. MAAMBONG. That brings us to another prob-
“popular democracy,” as used by Commissioner Tadeo. lem because in the framing of the Constitution, we
When the Committee uses the phrase “participatory have to decide whether we are going to use direct de-
democracy,” what type of democracy is the sponsor mocracy or representative democracy. We cannot have
referring to? Is he referring to direct democracy or both. So, may I ask the Commissioner to clarify his
indirect democracy? answer, because he said that “participatory democracy,”
according to the Committee, refers to both direct and
I ask this question because there has been some
indirect democracy.
allusions to “people’s power” in relation to the use of
the phrase “participatory democracy.”
MR. TINGSON. To me, in my own thinking, when
I would like to believe that “people’s power” is not the barangay people meet to consider proposals on how
representative democracy. That is direct democracy. they could be relevant to the government, that is direct
So, what does “participatory” mean, direct democra- participation. That is direct participatory democracy.
cy or indirect democracy? When we elect our senators and congressmen, that is
representative democracy. So, it seems to me that
MR. TINGSON. To begin with, we did agree to use “participatory democracy” here would carry both.
the word “participatory” before “democracy” to ac-
commodate the thinking of many of the Commissioners MR. MAAMBONG. May I just beg to disagree.
here, so that in a freewheeling discussion like what we Mention has been made of “participatory democracy”
are obviously enjoying now, they will be able to express as used by former President Ferdinand Marcos, who said
themselves. But the Committee will be very happy to that there was “participatory democracy” in our coun-
eliminate that phrase later on if that is the sense of this try during his time because he broadened the base of
Commission. We are happy to be able to elicit participa- participation in government through representatives of
tion from the membership, which obviously we are the people. Under his concept, when barangay people
succeeding this afternoon. We were thinking more of meet, that is direct democracy. But that is indirect
a direct, simple and readily understood kind of a de-
democracy. And the reason why he used the phrase
mocracy by our people, because the majority of our “participatory democracy,” if I remember correctly,
people have never studied Political Science. And speak-
was that he broadened the base of participation of the
ing of “participatory,” they do not understand it. They
people through their own representatives, which means
also do not understand habeas corpus, and yet we write
that when he institutionalized the barangay system
it in our Constitution. There has to be some kind of a
(which was previously known as the barrio) then the
balance here. We are not writing a constitution so simple
participation of the people in governmental function
that it can be mangled later on. We want a constitution
was increased. How was that done? It was done through
that would encompass all the segments of, say, de-
the barangay captain and the barangay council. That
mocracy. But we agree with the Commissioner that we
was the meaning of the phrase, as used by Mr. Marcos,
would like to have direct participation by our people as
but there was no allusion at all to direct democracy
they yearn to do and as they understand democracy to
when the barangay was instituted.
be.
Anyway, I would like to proceed to another point.
MR, MAAMBONG. We may be talking in legal terms, There mention here in the proposed Preamble of the
is
but it seems to me that the answer of Commissioner word “equality.” I recall that in the 1935 Constitution,
Tingson is that “participatory democracy” is direct
the word “equality” was never mentioned in its Pream-
democracy. I just want to clarify that because then we
ble. It was only mentioned in the 1973 Constitution. So
are changing the whole nature of our governmental
I would like to commend the Committee for using again
system because under the Declaration of Principles in
the word “equality” in the present proposed Preamble.
both the 1935 and 1973 Constitutions, we had a
re- However, the word “equality” has several connotations
publican form of government, which is understood to be to the people in the barangay. I come from a very small
indirect democracy. There is no such thing as direct
barangay of Asturias, Cebu, and over there, when we
democracy in our country. It only happened a long time
talk of equality, people think that this means everybody
ago during the Grecian era.
is equal. Considering the difficultyof explaining terms
So, I would like to repeat my question: Did I hear the in the Constitution because we have to be very brief, I
Commissioner correctly when he said that “participato- just would like to ask this clarification: When the Com-
ry democracy,” per the interpretation of the Commit- mittee uses the word “equality,” does it refer to
tee, refers to a direct form of democracy where people natural equality among people, meaning, that equality
themselves govern the functions of government? given to them by nature which people enjoy in refer-
ence to other people? Is that covered by the word MR. MAAMBONG. In other words, since we elimi-
“equality”? nate natural equality in the interpretation of the word
“equality,” I would suppose that the Committee refers
MR. TINGSON. To begin with, Commissioner to political equality. Would that be a more correct
Maambong, not all men are created equal. We have interpretation?
agreed on that. We are thinking more of giving every-
body an equal chance at decent livelihood and in their MR. TINGSON. Not only political equality but
participation in the economic and in the political equality in economic opportunities.
aspects of developing our country.
MR. MAAMBONG. Do take it to mean that when

I
MR. MAAMBONG. Is that what they call equality in
opportunity?
the Committee uses the word “equality,” it does not
mean natural equality? I would like to qualify that
because the Commissioner mentioned that not all men MR. TINGSON. Yes.
are created equal. I would like to recall Abraham
Lincoln’s Gettysburg address of 1863 where he said, in
MR. MAAMBONG. That would be all.
part, “dedicated to the proposition that all men are
created equal;” he never said that all men are created Thank you very much.
equal. In other words, by nature, men are created but
they are of varying intelligence and ability. Would the MR. TINGSON. Thank you so much.
Committee consider that when we say equality, by
nature people are created with varying intelligence and MR. RAMA. Mr. Vice-President.
ability?
THE VICE-PRESIDENT. The Floor Leader is recog-
MR. TINGSON. Actually, must confess that we did
I
nized.
jôt discuss
this at length. We would be very happy to
the Commissioner’s remarks on this. ADJOURNMENT OF SESSION
take note of
MR. RAMA. Mr. Vice-President, I move for the
But definitely, by common sense
MR. MAAMBONG. adjournment of the session until tomorrow at three
we use the word “equality” in the Constitu-
alone when o’clock in the afternoon.
tion 'we really
do not mean natural equality considering
people have varying intelligence and ability. Is my
that’ THE VICE-PRESIDENT. Is there any objection?
understanding correct? (Silence) The Chair hears none; the session is adjourned
Maam- until tomorrow at three o’clock in the afternoon.
MR. TINGSON. I agree with Commissioner
It was 6:43 p.m.
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R.C.C. NO. 8
Sarmiento Present*
OPENING OF SESSION Nolledo Present . . . . .
Ople Present* Suarez . . Present

Present Sumulong Present
At 3:12 p.m., the President, the Honorable Cecilia Padilla . . . . .
Tadeo Present
Munoz Palma, opened the session. Quesada Present . .
Rama Present Tan , . . Present

Tingson Present
THE PRESIDENT. The session is called to order. Regalado Present . . . ,, . .
Present Trenas . . Present

Reyes de los . . .
,
Present Uka , . . Present

NATIONAL ANTHEM Rigos
Villacorta . . Present
Rodrigo Present . . ..
Present
THE PRESIDENT. Everybody will please rise to sing Romulo Present Villegas . . .
the National Anthem. Rosales Present
Everybody rose to sing the National Anthem. present.

The President is
THE PRESIDENT. Everybody willplease remain The roll call shows 42 Members responded to the call.

Florangel Rosario Braid.
a quorum.
PRAYER MR. RAMA. Madam President.
MS. ROSARIO BRAID. Almighty God, may Thy

THE PRESIDENT. Yes, the Floor Leader is recog-
Spirit guide us so that we may
truly understand the
nized.
needs of our country. Sensitize us so that we may feel
the pulse of our people, especially the poor and the dis-
advantaged. As we celebrate Independence Day, we pray , APPROVAL OF JOURNAL
with the
that our thoughts and actions will be infused MR. RAMA. that we dispense with the read-
I move
in the night so
spirit of our heroes who fought and fell ing of the Journal of yesterday’s session and that we
that we would be free. Amen.
approve the same.
ROLL CALL
THE PRESIDENT. there any objection to the
Is
the PRESIDENT. The Secretary-General will please

motion of the Floor Leader? (Silence) The Chair hears
call the roll. none; the motion is approved.
the SECRETARY-GENERAL, reading: MR. RAMA. I move that we proceed to the Refer-
Abubakar Present Concepcion .... Present
. . . .
ence of Business.
Present* Davide Present
Alonto .
Present Foz Present (Silence)

Aquino there any objection?
.
Present Present*
THE PRESIDENT. Is
Azeuna . Garcia motion approved.
The Chair hears none; the is
Bacani Present Gascon Present

.
will read the Reference of

Bengzon . Present Guingona Present The Secretary-General
Bennagen . . . . . Present* Jamir Present Business.
Present Laurel Present
Bernas .
Rosario Braid . . . Present Lerum Present* REFERENCE OF BUSINESS

Brocka Present Maambong .... Present
Proposed
The Secretary-General read the following
.
Present Monsod Present

Calderon .
Communication, the
Present Natividad Present Resolutions on First Reading and
Castro de . . . . .
Present Nieva Present President making the corresponding references.

Colayco .

PROPOSED RESOLUTIONS ON FIRST READING Proposed Resolution No. 79, entitled:
Proposed Resolution No. 74, entitled; RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION A PROVISION IMPOSING HIGHER RATES OF
RESOLUTION TO CREATE AN INDEPENDENT CONSTI- TAXES ON IDLE PRIVATE AGRICULTURAL LANDS.
TUTIONAL COMMISSION ON ETHICS AND ACCOUNT-
ABILITY TO BE CALLED “COMMISSION ON PUBLIC
accountability.” To the Committee on the Legislative.
Introduced by Hon. Rigos.

ficers.
TUTION A PROVISION ALLOWING SUITS AGAINST
THE STATE OR ANY OF ITS POLITICAL SUBDIVISION
OR INSTRUMENTALITY FOR DAMAGES SUSTAINED
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- BY REASON OF AN ILLEGAL ACT OF OR NEGLECT
TUTION A PROVISION PROfflBITING THE DESIGNA- OR FAILURE TO PERFORM AN OFFICIAL DUTY BY A
TION OF THE MEMBERS OF THE SUPREME COURT PUBLIC OFFICIAL, MAKING THE LIABILITY SOLI-
AND OF THE OTHER COURTS CREATED BY LAW TO DARY WITH THE LATTER, ALLOWING THE STATE
PERFORM NONJUDICIAL FUNCTIONS IN QUASI- OR THE POLITICAL SUBDIVISION OR INSTRU-
JUDICIAL AND ADMINISTRATIVE BODIES OR AGEN- MENTALITY TO BE REIMBURSED BY THE PUBLIC
CIES EXCEPT WITH THE APPROVAL OF THE MAJOR- OFFICIAL OF WHAT IT MAY BE LIABLE TO PAY.
ITY VOTE OF THE MEMBERS OF THE SENATE AND
THE HOUSE OF REPRESENTATIVES.
Introduced by Hon. Colayco.
To the Committee on the Judiciary. Proposed Resolution No. 81, entitled:
TUTION AN ARTICLE ON THE ESTABLISHMENT OF
RESOLUTION PROPOSING MODIFICATIONS TO THE THE NATIONAL POLICE COMMISSION AS A CONSTI-
LAW ON IMPEACHMENT TO MAKE IT MORE EFFECT- TUTIONAL AGENCY.
IVE BY DECLARING ANY VIOLATION OF THE CON-
Introduced by Hon. de Castro.
STITUTION AS SUFFICIENT GROUND THEREFOR,
PROVIDING OTHER GROUNDS FOR IMPEACHMENT, To the Committee on Constitutional Commissions
REDUCING THE REQUIRED VOTES FOR INITIATION and Agencies.
AND FOR CONVICTION, AND PROVIDING A LESSER
DEGREE OF PROOF AS BASIS FOR CONVICTION. Proposed Resolution No. 82, entitled;
Introduced by Hon. Davide, Jr. RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
To the Committee on Accountability of Public TUTION AN ARTICLE ON SOCIAL JUSTICE SEPA-
Officers. RATE AND DISTINCT FROM THE DECLARATION OF
PRINCIPLES AND STATE POLICIES.
Proposed Resolution No. 77, entitled: Introduced by Hon. Bennagen.
RESOLUTION TO GIVE MORE EMPHASIS TO EDUCA- To the Committee on Social Justice and Social Ser-
TION AS THE KEY TO NATIONAL STABILITY AND vices.
UNITY AND THE FULLEST DEVELOPMENT OF THE
PERSONALITY AND CAPABILITY OF THE CITIZEN, Proposed Resolution No. 83, entitled;
INCORPORATING FOR THAT PURPOSE IN THE NEW RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
CONSTITUTION A SEPARATE ARTICLE ON EDUCA- TUTION THE ENTIRE ARTICLE V, 1973 CONSTITU-
TION.
TION.
Introduced by Hon. Bengzon, Jr.
To the Committee on Human Resources. To the Committee on Citizenship, Bill of Rights,
RESOLUTION PROVIDING FOR THE MANNER OF AP- Proposed Resolution No. 84, entitled;
POINTMENT TO THE SUPREME COURT AND OTHER RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
COURTS TO ENSURE THE INDEPENDENCE OF THE TUTION THE WHOLE OF ARTICLE IV, 1973 CONSTI-
JUDICIARY. TUTION EXCEPT SECTION 5 AS THE BILL OF
1
Introduced by Hon. Davide, Jr. RIGHTS OF THE PHILIPPINE CONSTITUTION OF 1986.

To the Committee on the Judiciary. Introduced by Hon. Bengzon, Jr.
To the Committee on Citizenship, Bill of Rights, Introduced by Hon. Gascon and Garcia.
To the Committee on Social Justice and Social
Services.
RESOLUTION TO ADOPT THE PREAMBLE OF THE 1973

COMMUNICATION
CONSTITUTION AS THE PREAMBLE OF THE 1986
CONSTITUTION. Letter from Mr. Jose J. Ferrer, Jr., Chairman, Seventh
Introduced by Hon. Bengzon, Jr. House of Delegates of the Integrated Bar of the Philip-
pines, submitting the resolutions adopted by the In-
tegrated Bar of the Philippines at the Second Annual
Convention of the Seventh House of Delegates and the
Proposed Resolution No. 86, entitled: proposals of the IBP Committee on Constitutional
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Amendments.
TUTION THE ENTIRE ARTICLE II OF THE 1973 (Communication No. 7 — Constitutional Commission
CONSTITUTION. of 1986)
Introduced by Hon. Bengzon, Jr. To the Steering Committee.
and Declaration of Principles. MR. RAMA. Madam President.
Floor Leader recognized.

Proposed Resolution No. 87, entitled: THE PRESIDENT. The is

TUTION PROVISIONS ON THE PROTECTION OF MR. RAMA. I ask that Commissioner Aquino be
WOMEN’S RIGHTS. recognized.
Introduced by Hon. Aquino.
To the Committee on Preamble, National
Territory ’ nized.
MS. AQUINO. Madam President, may I be allowed
Proposed Resolution No. 88, entitled: amendment to
to raise points of minor correction and
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- the proposed resolutions read in the Order of Business.
TUTION PROVISIONS TO DEFINE AND REORIENT
In Proposed Resolution No. 87, the intention of the
THE ROLE OF THE ARMED FORCES OF THE PHILIP- proponent was to have a coauthor, Sister Christine Tan.
PINES. It might have been through some oversight of the staff
Introduced by Hon. Aquino. that the name of Sister Christine Tan was omitted. The
Committee on General Provisions. same situation might have applied to Proposed Resolu-
To the
tion No. 88 wherein the intention of the proponent was
to have Commissioner Edmundo Garcia as coauthor.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- THE PRESIDENT. Let it be so recorded that Com-
TUTION AN ARTICLE ON NATIONAL ECONOMY AND missioners Tan and Garcia be made coauthors of Pro-
PATRIMONY. posed Resolution Nos. 87 and 88, respectively.
MS. AQUINO. Thank you, Madam President.
This morning the Commission was presented, through
Patrimony.
the Office of the President, three copies of the draft
Proposed Resolution No. 90, entitled: proposal for the 1986 Constitution from the 1986 UP
Law Constitution Project. I move that it be officially
RESOLUTION REQUESTING HER EXCELLENCY, PRESI-
accepted by this Commission and that it form part of
DENT CORAZON C. AQUINO, TO DESIGNATE AND
the official record for reference as working
draft.
APPOINT A REPRESENTATIVE OF THE URBAN POOR
TO THE CONSTITUTIONAL COMMISSION. there any objection? ( Silence)
THE PRESIDENT. Is
Introduced by Hon. Gascon and Garcia. the draft proposal presented
by
The Chair hears none;
To the 1986 UP Law Constitution Project
with the text m
the Steering Committee.
the same is
two separate volumes is hereby accepted and
and is
Proposed Resolution No. 91, entitled: made part of the records of the Commission
resolution urging the CONSTITUTIONAL COM- referred to the Steering Committee.
MISSION TO CONSIDER THE PEOPLE’S PROPOSAL
FOR SOCIAL AND ECONOMIC SERVICES. MR. RAMA. Madam President.
THE PRESIDENT. The Floor Leader is recognized. are present, I wish to reiterate our thanks to Com-
missioner Guingona. I move that the draft presented
MR. RAMA. In connection with the draft resolution yesterday by Commissioner Guingona be reproduced
or draft constitutions that have been submitted to us, I and made available to each of the Members of this body
ask that Assistant Floor Leader Calderon be recognized. as one of their working drafts.
I thank you.
THE PRESIDENT. The Assistant Floor Leader is
recognized.
THE PRESIDENT. Is Commissioner Calderon
presenting a motion that the draft presented by Com-
MR. CALDERON. Madam President, ladies and
missioner Guingona be reproduced and made available
gentlemen of this Commission: I have been asked by my
to each Member of this body?
colleagues in the 1971 Constitutional Convention, who
are also my colleagues here in this 1986 Constitutional
Commission, to convey to Commissioner Serafin MR. CALDERON. Yes, Madam President.
Guingona our collective and personal gratitude for
having officially presented to this body yesterday a THE PRESIDENT. Is there any objection? (Silence)
revised draft of the 1973 Constitution from a commit-
tee of former Con-Con delegates. This committee, toge- The Secretary-General is directed to reproduce the
ther with current Good Government Commissioner said document and furnish all the Members with copies
Ramon Diaz, AuditCommissioner Teofisto Guingona of the same.
and former President Diosdado Macapagal, worked until
1985 to reframe the 1973 Constitution to make it more MR. RAMA. Madam President.
reflective of our people’s aspirations and removed from
it the objectionable provisions believed to have been THE PRESIDENT. The Floor Leader is recognized.
imposed by former President Marcos. In effect, this re-
framed Constitution was the one originally framed by MR. RAMA. The Ad Hoc Committee assigned to look
the 1971 Constitutional Convention minus the transi- into a possible alternative site, like the Legislative Build-
tory provisions and other controversial provisions which ing or the PICC, for the Constitutional Commission,
Mr. Marcos used in order to nullify the intent of that instead of this Batasang Pambansa is now ready to
body. Commissioner Guingona should be admired and render its report.
congratulated for seeing the merit of this work and for
advocating its use as our working draft even if he was THE PRESIDENT. May we know who the chairman
not a member of the 1971 Constitutional Convention.
of the committee is?
May I remind this body that among the framers of

that original draft were great Filipinos, living and dead, MR. RAMA. Madam President, I am the Chairman of
whose work in the Constitutional Convention cut across the Committee. The Ad Hoc Committee was commis-
long years of service to the nation. I refer to people like sioned to do two things: First, to explore the possibility
former Governor Miguel Cuaderno, Sr., former Senator of an alternative site for the Constitutional Commission;
Raul Manglapus, former Secretary Felixberto Serrano, and, second, to thresh out the problem and the question
former President Diosdado Macapagal, Mr. Ramon Diaz, on whether we should move our session from afternoon
Dean Vicente G. Sinco, Dean Jose M. Aruego, Dr. Salva- to morning.
dor Araneta, former Senator Juan Liwag, Dr. Sotero The first issue. Madam President, was resolved this
Laurel and others. These great men can still help us and morning by the Committee which is composed of Com-
guide us if we use their product as one of our working missioners Bengzon, Calderon, Jamir and Romulo. This
drafts for our deliberations. Also, this will shorten our morning, we went to the Legislative Building, specifi-
working time. cally the Senate, and found out that its hall has been
The draft of the 1973 Constitution, minus
original converted to an elaborate session hall but without
the so-calledMarcos provisions, was formulated after galleries. Therefore, even as a site for our committee
many months of discussions, debates and public hear- hearings, we believe that the Senate session hall will not
ings. If we go through the same process today, we will do.
never finish our work in three months’ time. But with
Then, we went to the PICC and looked over its facili-
the refrained 1973 Constitution as our guide, together
ties. According to PICC Administrator Andres Navato
with the 1935 and 1899 Constitutions, we can save time
they have all the facilities for the Constitutional Com-
by simply reexamining those provisions which were mission. There are over 100 rooms which could accom-
already the quintessence of months of discussion and modate all the Members of the Commission. The rooms
public hearings. In short, we can telescope the work are splendidly furnished and the appointments are
of months into weeks and, perhaps, even days. excellent. This is so because the PICC was really con-
So, Madam President, in behalf of the former structed to accommodate the participants to the IMF
delegates of the 1971 Constitutional Convention who Convention held a decade ago. The facilities and the
furnishings are according to the standards of a five-star Central Bank is finalized so that we would be sure
hotel. The rooms which are bigger than our rooms here whether we pay rental or not or if we do, how much
are fully air-conditioned unlike our present rooms which because our appropriation is limited?
look primitive. It has facilities for caucuses and a session
hall which is a little smaller than the Batasan session THE PRESIDENT. Another point the Chair would
hall. It has also a very big plenary session hall which like tobring up is the inconvenience and the high
would be too big and too expensive for our purposes. transportation cost that would entail the personnel
The view is really excellent and security is not a involved in committee meetings most of whom are living
problem. So, the Committee has agreed and is unani- near the Batasan area.
mously and strongly recommending that we move to
that site as soon as possible. MR. RAMA. At any rate, Madam President, as far as
the cost is concerned, actually we also pay for the
THE PRESIDENT. How about the our
facilities for power we consume here in the Batasang Pambansa
personnel? Could the 369 personnel, more or less, be Complex.
also accommodated in that building? We are not after
ostentatious rooms and so on, but we are just concerned THE PRESIDENT. Before the Commission finally
with the convenience not only of the Commissioners acts on the report of the Committee, I suggest that we
but also of our personnel. consult the Secretariat first.
MR. RAMA. There is enough space, as a matter of MR. RAMA. We have no objection. Madam President.
fact, Madam President. The space for the personnel here

could be doubled there. As I said, there are rooms for THE PRESIDENT. Anyway, I understand that the
holding caucuses; lounges are everywhere; communica- Committee was given up to Monday to finish its report.
tion facilities are perfect — it has also a post office — and Could this consultation be made on Friday or anytime
it is accessible. So, it is the unanimous view of the ad
today?
hoc committee that the PICC would be a much better
site than this Batasan Complex for the 1986 Constitu- MR. RAMA. Yes, Madam President, we will make
tional Commission. consultations with the Secretariat.
MR. RODRIGO. Madam President. MR. REGALADO. Madam President.
THE PRESIDENT. Commissioner Rodrigo is recog- THE PRESIDENT. Commissioner Regalado is recog-
nized. nized.
MR. RODRIGO. May I pose just one question: Is this MR. REGALADO. Just one point of inquiry, Madam
for free or are we to
pay rental? President.
Since Proclamation No. 9 specifically chose the Bata-

MR. RAMA. Madam these facilities and
President, san Complex as the primary venue for this Commission
spaces have been idle and have not been used for many and provided for supplementary sites that we may use,
months now. Section 9, paragraph 8 of Proclamation will the committees’ moving to a new site not involve or
No. 9 which creates the Constitutional Commission necessitate an amendment of Proclamation No. 9?
says:
The Batasang Pambansa building and premises are here- MR. RAMA. I do not think so. Madam President.
by made available for use of the Commission. All govern-
ment entities, agencies and instrumentalities shall place at THE PRESIDENT. May I answer that in this sense: I
the disposal of the Commission such personnel, premises, think Commissioner Rodrigo could still remember one
and furniture thereof as can, in their judgment, be spared occasion when the President said that after we will have
without detriment to the public service, without cost, been fully constituted, we will be totally free to make
refund or additional pay. whatever changes we may want.
Madam of course, under normal circum-

President,
rentals but considering we are the
MR. REGALADO. Thank you. Madam President.
stances they charge
Constitutional Commission created by Proclamation
MR. RAMA. May I quote again Section 9, paragraph
No. 9 we need not pay any rental. As a matter
of fact, it
Bank 8 of Proclamation No. 9:
is just a matter of negotiating with the Central
... All government and instrumentalities
entities, agencies
which owns the PICC. such person-
shall place at the disposal of the Commission
and furniture thereof as can, in their judg-
MR. RODRIGO. Madam President, so there is need nel, premises,
ment, be spared without detriment to the pubUc service,
for negotiation yet. Be sure we do not pay any
rental.
with the without cost, refund or additional pay.
Should we not wait until the negotiation
116 WEDNESDAY, JUNE 1 1 ,
1986
Madam President, regarding the possible change of the honorable Commissioner Rama and the way the soft
time of our sessions, we have talked to some of the sellor the hard sell on the promise of appointments and
reporters and a great majority of them said that the comfort may be an unflattering reflection of the predis-
three o’clock session is quite all right for them because position of the Commission when presented in media. It
morning dailies and they have adequate
their papers are should be explicitly stated for the record that the con-
time to catch up with their deadlines. And with the sideration is that we want to maximize public participa-
transfer of the Constitutional Commission to PICC, tion in the deliberation of this Commission.
there would be no problem for them in commuting to
Thank you, Madam President.
their offices in Manila.
MR. RAMA. I have stated that precisely. Accessibility

THE PRESIDENT. Thank you, honorable Floor
to the public is very important here.
Leader. So, we could take action on the whole report
by Monday? THE PRESIDENT. Commissioner Guingona is recog-
nized.
MR. RAMA. Yes, Madam President.
MR. GUINGONA. Madam President, may I invite

THE PRESIDENT. Thank you. the attention of the honorable Commissioners; this
Commission has been provided by the Ministry of
MR. GARCIA. Madam President.
General Services, through the Administrator, Mr. Roberto
San Andres, with a support staff of 93 persons who
THE PRESIDENT. Commissioner Garcia is recog-
are working with and for us subject to the administra-
nized.
tive supervision and control of our Secretary-General
but are being paid from the funds of the Ministry of
MR. GARCIA. Madam simply would like
President, I
General Services. So, perhaps, the Committee could
to register an observation regarding the Committee’s
inquire as to whether or not we could receive the same
report.
kind of support, if we transfer to another venue. The
I think in terms of process it is very important. I
support that we are getting consists not only of main-
understand the basic reason the Commissioners would teiiance and security but also of other support ac-
want to transfer, but I believe that we are able to do our tivities, such as engineering, and so forth, which we get
work really because of the support staff, especially the from the ministry for free in the sense that we do not
Secretariat. To be very fair, I think we have to consult
pay the salaries of the personnel concerned.
them first before we take action on the report. It is a
major undertaking to transfer. I am sure they have Thank you. Madam President.
prepared months for this Commission, and I feel it is
only fair that the Secretariat be consulted.
Mr. RAMA. MR. RAMA. Madam President.

It is also important. Madam President,
that the public see and hear us without too
much cost THE PRESIDENT. The Floor Leader recognized.
for them. The Batasan Complex is very far away, is
and I
think PICC, which is right there in Manila, is a site CONSIDERATION OF PROPOSED
where public hearings would be more accessible.
RESOLUTION NO. 72
(Adopting a Preamble to the Constitution)
MR. GARCIA. understand that this is very
Exactly, I
Continuation
important, but I feel this session must be a collective
effort between us and the support staff without whom PERIOD OF SPONSORSHIP AND DEBATE
we cannot do our work. I feel that is very important in
terms of process. MR. RAMA. I move that we proceed to the Unfin-
ished Business, the continuation of the consideration of
Committee Report No. 1 on Proposed Resolution
nized. No. 72. We are still in the period of sponsorship.
I ask that the sponsor. Commissioner Tingson, be
MS. AQUINO. Thank you, Madam President. recognized.
For the record, it should be explicitly stated that the
consideration and reason for the intention to transfer THE PRESIDENT. Commissioner Tingson is recog-
the venue of the plenary sessions of this Commission is nized.
not so much the convenience, the comfort and the
security of the Commissioners as it is really our commit- MR. TINGSON. Thank you. Madam President.
ment to maximum public participation in the delibera- The Committee on Preamble, National Territory, and
tions of this Commission. The way it was presented by Declaration of Principles is grateful for the careful atten-
tion and avid interest the Members of this distinguished dent and colleagues, are clear in their outlines. But may
body did show yesterday in composing the words of the I say what I believe to be our deep concern — that the
Preamble to the draft Constitution. Each of us has his or Preamble of the new Constitution will once more con-
her own experience with the Preambles of the 1935 firm the constitutional Trinity of God Almighty, the
and the 1973 Constitutions, especially with that of the spirit of democracy and the Filipino people.
fonner. It is an experience that has a moral and spiritual Our Committee submits to this august body that
dimension. It is doubtless true that our schoolchildren our proposed Preamble has adequately met the criteria
and young people, as far as the Constitution is con- of good Preambles: namely, (1) substance — what are
cerned, are molded more by the words of the Preamble the ideas which must correspond faithfully to the
than by any other provisions of the Constitution. The Filipino identity and goals; (2) syntax - how ideas are
words would come tumbling down in sonorous cadences sequenced, must be consistent with the relation and
in their minds and even in our minds too any time of prioritization of the ideas, (3) lexica - what words
the day or night. The experience is often haunting as if represent the ideas, must convey the ideas as best as
the words were part of a sacred ritual. Whenever we possible, must be immune from misleading connota-
recall the words and the phrases as they roll one after tion, must minimize overlapping of meanings; (4) trans-
the other, it is very like an affirmation of our being a lation — must be translatable into Pilipino and other
part of a nation under God. I have no doubt whatsoever. major dialects of our country, (5) phonology - how
Madam President, that if God Himself were a Member of the composition sounds to the ear, must sound nice,
this august Commission, He would want most to be- although this is subjective; and (6) length — how long is
come a member of this humble Committee on Preamble. the Preamble, must be brief and concise as much as
The Preamble of the Constitution shows who wrote it, possible.
who ordained and promulgated it. It serves as the by- To summarize, did we meet the good criteria of
line to the sacred document. In that same breath the substance and legal craftsmanship? Our answer. Madam
Preamble announces the great aims and purposes for President, is yes, we have met this criterion adequately
which we are establishing a government. It is a moral well. The legal minds of this body kept on telling me
exercise in words and the most important where our personally that in essence the Preamble of the Constitu-
tion is obiter dicta - that legal minds do not even go to
government is concerned. The Committee on Preamble,
therefore, is only too happy to note that its work the Preamble on which to base their legal decisions. May
receives careful attention and the most lively interest, as I ask my colleagues, if indeed the Preamble is obiter
evidenced by our colleagues yesterday. dicta, why did they insist on their own favorite proposals
in this Preamble? Why not rather be satisfied that then-
Is it possible to capture in a few words the soul of
proposals found their way into the Declaration of
our country? I doubt it very much. Madam President.
Principles or into the provision on social justice since
But if it were possible, then I say that those words
should form the Preamble to the Constitution we are they are not obiter dicta anyway? We are here to just
Our talents are woefully inadequate. And how enunciate the Preamble in beautiful language of poetry
writing.
Jose Rizal, Apolinario Mabini and Claro M. as Commissioner Ople did insinuate yesterday, and in
we all wish
here so that we could have a Preamble we simple words as Commissioner Rodrigo did say yester-
Recto were
approve even without thinking. But we must day. We are willing to obliterate or delete the word
could all “participatory,” for instance, if that is what the body
these departed great men of Philippine
think because wants. What the Committee wanted to say is that we
be present with us. While we are guided
letters cannot
Constitutions, upon us, nevertheless, has
were asked by the Committee leadership to start the ball
by our past rolling so that we could come up with a Constitution
fallen the burden of distilling the words of our peoples’
But we may
at the present time.
before September 2. So, the Committee begs the body
and aspirations
ideals
to give to this advice: If the Members truly believe
way
our
far afield in quest for formulas, neither
not go too in their proposals, let us not lengthen the wordings of
are we allowed
to weigh in the balance our personal
the Preamble. Rather, let their proposals be in the other
emotions. Our special interests and unique experiences portions of the Constitution, which, in the language of
might not be given value as they are, but they should the wise legal minds here, are not obiter dicta.
always be seen in the context of the whole country
and
the world and, more important, from the wider Madam President, for information of my
the
perspective of histoty. After all, we are not a unique colleagues here, we prayed before the Committee
people and neither is our national experience unique. started its work and after it adjourned today. So, for
We share a common bond with the rest of the people of emphasis then, may I be permitted to quote again the
the world and with history, more than our
special love proposed Preamble prepared by the Committee:
for the Philippines
would otherwise suggest. The path to
and independence to freedom, WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLOR-
national self-respect
equality and justice is well beaten. More than to experi-
ING THE GUIDANCE OF DIVINE PROVIDENCE, TO
ment we are enjoined to exorcise some evils so as to ESTABLISH A GOVERNMENT THAT SHALL EMBODY
render a new Constitution, a tabula rasa, a clean slate OUR IDEALS AND ASPIRATIONS, PROMOTE THE
of our most sincere intentions. Our tasks. Madam Presi- COMMON GOOD, CONSERVE AND ENHANCE OUR
PATRIMONY AND SECURE TO OURSELVES AND OUR MR. DAVIDE. If it would be both, what should the
POSTERITY THE BLESSINGS OF PARTICIPATORY mechanics for its expression in terms of the system of
DEMOCRACY UNDER A RULE OF JUSTICE, PEACE, government be?
FREEDOM AND EQUALITY, DO ORDAIN AND PRO-
MULGATE THIS CONSTITUTION. MR. TINGSON. Madam President, I was told by legal
Thank you. Madam President, and in behalf of the minds here that the Committee does not have any
authority to answer questions like that; that the author-
Committee, I am now ready for interpellation.
ity is the Committee on the Legislative or the Judicia-
ry. We just want to keep the ball rolling and approve the
MR. DA VIDE. Madam President.
Preamble, a collective prayer of the country.
nized.
MR. DAVIDE. Yes.
MR. DAVIDE. Will the distinguished sponsor yield to

MR. TINGSON. So, Madam President, I cannot
some clarificatory questions?
answer that question. It should be answered by other
committees, although I yield the floor to a legal mind.
MR. TINGSON. Gladly, Madam President. Commissioner Nolledo.
MR. DAVIDE. Madam when

the proposed
President,
nized to answer that particular question.
Preamble was read yesterday by Commissioner Rosario
Braid and this afternoon by the sponsor, the word
“Filipino” still appeared. On page 2 of the committee
MR. NOLLEDO. Thank you. Madam President.
report, however, the following is one of the proposed The distinguished Gentleman from Cebu will find
amendments; “No. 1. On line 5, delete the word Filipi- out, if he looks at the wordings of the draft Preamble,
no.” Is the Committee now withdrawing this particular that the basic purpose of the Preamble is:
amendment?
... to establish a government that shall embody our ideals
MR. TINGSON. We are not withdrawing nor are we and promote
aspirations, the common good, conserve and
accepting really any amendment. We will leave it to the enhance our patrimony and secure to ourselves and our
floor. Madam President. posterity the blessings of participatory democracy . . .
MR. DAVIDE. Yes. The Committee recommended

We will notice that the basic things should be done by
the deletion of the the government because the purpose of the Constitution
word “Filipino.”
is to set forth the framework of government.
MR. TINGSON. That is a typographical error.

Madam President. We did not delete the word “Filipi-
MR. DAVIDE. Yes.
no.”
MR. NOLLEDO. And so when we use the expression
MR. DAVIDE. So, the first recommended amend- “participatory,” we would like to emphasize the need
ment on page 2 of the report should not really be in the for participation by the people in the attainment of the
report, because the first proposed amendment is to aims of the Constitution. We do not like the government
delete on line 5 the word “Filipino.” to do everything alone. We would like the government
to be a partner of the people in the attainment of
MR. TINGSON. Madam President, may I repeat. The developmental goals. So, when we talk of participatory
official draft of the Committee includes the word
democracy, we do not necessarily refer to the system of
“Filipino.” government because, as indicated by the distinguished
Gentleman from Cebu, Commissioner Maambong, there
MR. DAVIDE. I see. So, we will just disregard the are two kinds of democracy: the direct democracy,
first proposed amendment by the Committee. which is practically mob rule and the indirect de-
mocracy, which is electing the representatives of the
MR. TINGSON. Yes, Madam President. people. We think that these kinds of democracy have no
direct bearing to the expression “participatory.” So
MR. DAVIDE. Another point: Has the Committee when we our representatives, we participate in the
elect
finally on what the scope of participatory
decided noble task of democratic expressions.
democracy should be? Should it mean direct demo-
cracy? MR. DAVIDE. But no point in discussing
I really see
democracy, if it is by the word “parti-
to be qualified
MR. TINGSON. I think our Committee expressed cipatory.” If we have to qualify, then we really have to
the fact yesterday that it would cover both direct and give meaning to democracy. There can be no question
representative democracy. that we should be under a democratic system of govern-
WEDNESDAY, JUNE 11,1986 119
nient.But the whole trouble is; If we mean participato- MR. TINGSON. The word “Divine” is not God him-
ry democracy as direct democracy, what will happen to self. It is an attribute of God.
the other provisions of the Constitution like the legis-
lative power, the executive power? So, it is really MR. DAVIDE. Does the word “Providence” mean
suggested that we clearly define what the meaning of God Himself?
participatory democracy is. If it is direct, then we
abolish the executive and the legislative powers. If it is MR. TINGSON. Yes. The phrase “Divine Providence”
representative, which shall also be embodied in the in that Preamble would be “God Almighty.”
Declaration of Principles when the declaration states
that the Philippines is a republican state, then we MR. DAVIDE. Is divinity part of God or the at-
exactly define in the Preamble the true meaning of God? Do we need
tribute of to qualify “Providence”
“participatory.” with “Divine” since “Providence” simply means God
Himself?
MR. NOLLEDO. I not necessary to define

think it is
MR. TINGSON. We have to because “Providence”
the true meaning of participatory democracy. I would
is
the Commission name of a state in the United States.

also the
say we could express the intention of
here.
MR. DAVIDE . I see.
MR. DAVIDE. Madam President, I disagree that it is

MR. TINGSON. So, it should be “Divine Provi-
not necessary to define the meaning of participatory
dence.”
democracy the Preamble because all the succeeding
in
articles of the Constitution are also

governed by the MR. DAVIDE. Does the Commissioner agree with me
wordings of the Preamble. that “Providence” simply means God Himself and God
Himself is divine? So, would not the use of the word
MR. NOLLEDO. The Committee, through
the “Divine” be a superfluity?
that the expression
sponsor, has categorically stated
direct and
“participatory democracy” includes both MR. TINGSON. No. It would not. Another reason
indirect democracy. why we want to repeat that phrase “Divine Providence”
then is that we also want a beautiful bridge from the past to
Whenthe people vote for their representatives,
but they the present and this was used in the 1935 and 1973
enjoy a particular term; if
the representations Constitutions.
cannot perform the task expected of them, perhaps the
as had happened last
people, through .peaceful means
would take the MR. DAVIDE. But would the Commissioner not
February in a show of people’s power, me that if we make reference to God, it is
means, but agree with
law into their hands, not through violent
not a question of beautiful phraseology because God
through peaceful means.
Himself is already beautiful?
Committee only
MR. DAVIDE. In other words, the
MR. TINGSON. Yes, but we also need to express to
wanted to show that our democracy must really be
avoid the possi- Him beautiful words especially in prayer.
genuine and authentic. So, in order to
instead of using the word
bility of misinterpretation,
“participatory” why not use the word “authentic ? MR. DAVIDE. Instead of describing Him in beautiful
words, canwe not just simply say “Almighty”?
MR. TINGSON. That does not seem to be euphonic, God.”
MR. TINGSON. Yes, we can say “Almighty
so I would suggest the word “vibrant.”
MR. DAVIDE. So, would the Commissioner accept a
DAVIDE. Again, there question on
was a
MR. possible amendment during the period of amendments
Providence,”
whether to use “Almighty God” or “Divine
“Divine Providence” to “Almighty God”?
Providence” as to change
the Committee had opted to use “Divine
Constitutions.
contained in both the 1935 and 1973 decide on that.
Commissioner Tingson agree with me that MR. TINGSON. The body would
Would
means of God or from God, or an attribute of
“Divine”
MR. DAVIDE. Thank you. Commissioner Tingson;
God?
thank you. Madam President.
MR. TINGSON. “Divine” would be God himself. It is
an attribute of God, but we refer to God himself. MR. DE CASTRO. Madam President.
Commissioner de Castro is recog-

MR. DAVIDE. The term “Divine” is an attribute of THE PRESIDENT.
nized.
God. but it is not God himself.
MR. DE CASTRO. Thank you, Madam President. MR. DE CASTRO. Madam President, if we approve
the termination of the freewheeling discussion and
I like to hear these discussions and interpellations,
debate, the next move in our Rules is the period of
including the sponsorship. In fact, I learned so much
amendments. However, SEC. 23 of our Rules provides:
from these; but I think we have discussed this the whole
afternoon yesterday and for about one hour today. Al- . On the day set for the consideration of a resolution for
. .
though we interpret the rules as liberally as we like to Second Reading, the same shall be read in full with the
do, still we have overextended ourselves on the matter amendments proposed by the Committee, if any, unless
of sponsorship. copies thereof have been distributed and such reading is
dispensed with. Thereafter, the resolution shall be subject
I, therefore, move that we close the period of spon-
to debate and pertinent motions.
sorship and debate and proceed to the period of amend-
ments. SEC. 24 states:
. . . During the Second Reading of a resolution, a motion

THE PRESIDENT. Commissioner de Castro is sub-
to close the debate shall be in order after three speeches
mitting a motion to close the period of sponsorship and
for and two against, or after only one speech for has been
debate. Is there any objection to the motion?
delivered if none has been entered against it.
Commissioner Garcia is recognized.
Madam President, these Rules are made so that we
can meet the 90-day period of our work. If we con-
MR. GARCIA. Madam President, yesterday I with-
tinue this freewheeling discussion on such words like
drew my motion for deferment of the resolution pre-
“participatory,” “develop ” and “Divine Providence,”
cisely to allow a freewheeling discussion on the
I am afraid that when we come to the meat of the
Preamble, on the condition that there would be no
Constitution, we shall never meet our deadlines.
amendments or voting. Since the Preamble is an impor-
tant part of the Constitution, we have, therefore, agreed I, therefore, move that we close the period of spon-
to postpone finalizing its draft until after a substantive sorship and debate and proceed to the period of amend-
debate on issues and other matters has been done. So, I ments as stated in the Rules.
propose that we follow the procedure.
MR. VILLACORTA. Madam President.
THE PRESIDENT. Commissioner Villacorta is recog- It was 4:14 p.m.
nized.
MR. VILLACORTA. Madam President, I would like
to quote from the Journal which says: At 4:21 p.m., the session was resumed.
• . . motion on the condition that
Mr. Garcia withdrew his
a freewheeling discussion on the proposed Preamble be THE PRESIDENT. The session is resumed.
made without any amendment or voting . .
Since there are many unresolved fundamental issues

such as that on direct, participatory or representative
democracy, I think it would be premature for us to
close the discussions on the subject.
MR. RAMA. I ask that Commissioner de Castro be
THE PRESIDENT. Commissioner Bemas is recog- recognized.
nized.
FR. BERNAS. Madam President, it seems that the nized. •
motion of Commissioner de Castro has two parts. The

first part asks for a termination of the freewheeling dis- MR. DE CASTRO. Thank you. Madam President.
cussion and the second part asks that we proceed to the I will amend my motion, and it is to terminate the
period of amendments. I, myself, support the idea of period of sponsorship and debate on the matter of the
terminating the freewheeling discussion since we agreed Preamble.
yesterday that we would not yet go into the period of
amendments until we have discussed the rest of the THE PRESIDENT. Is there any objection to the
Constitution. I, therefore, suggest that we terminate the motion to terminate the period of sponsorship and
freewheeling discussion and move to the other business debate on the Preamble?
and lay aside the Preamble for a while.
THE PRESIDENT. What does Commissioner de
Castro say? THE PRESIDENT. The Vice-President is recognized.
MR. PADILLA. May I be permitted to make some mocracy.” Then, as suggested by Commissioner de
observations and interpellations before we terminate Castro, add the word TRUTH after “blessings of de-
the period of sponsorship and debate as suggested? I mocracy.” To this I would add PROGRESS OR PROS-
presided over the session yesterday and I was not able to PERITY because this is our aspiration. We are suffer-
express some views. ing; many people are really poor; there is unemploy-
ment, business recession, lack of productivity and
THE PRESIDENT. Isee. Is Commissioner de Castro others. There is no creation of wealth We should
willing to withdraw his motion for the time being? express the ideals and aspirations of our people for the
enjoyment of the blessings of democracy and truth
MR. DE CASTRO. Willingly, Madam President. because in the past there have been so many deviations,
if not distortions, of the truth through false propaganda.
may now I think our people are entitled to the truth as suggested
THE PRESIDENT. The Vice-President
proceed. by Commissioner de Castro. I would then add AND
PROGRESS OR PROSPERITY after the phrase “under
a rule of law” since the Committee has changed the
MR. PADILLA. Thank you, Madam President.
word “regime” to “RULE.” We, lawyers, most of the
Personally, Iapproved the change of the word “aid” time, pray in our pleadings. In accordance with the law,
to “GUIDANCE” and “Divine Providence” to “AL- we end with a general relief, justice and equity. Now the
MIGHTY GOD,” as suggested by Commissioner Bacani. word “equality” does not appear in the 1935 Constitu-
agreed on the insertion of the words “AND tion. It was inserted in the 1973 Constitution, and I
We all
aspirations,” the change of the word “general remember the observations of Commissioner Villegas
welfare” to “COMMON GOOD
” and the retention of that he would prefer the word “equity” to “equality.”
the word “develop” rather than “ENHANCE.” Of course, we must have equality before the law; we
must have equal opportunity, but the word “equality”
Yesterday, I heard Commissioner Romulo speak of
by itself might also lead some people to a misconception
the safeguard or the protection of human rights. Does - that while we are all born equal, there is no such thing
the sponsor have any objection to insert after “COM- as economic or financial equality. All we can guarantee
MON GOOD” the phrase PROTECT HUMAN equal opportunity, and, of course, equality before the
is
rights? law. Some of these ideas have also been the results of
MR. TINGSON. We discussed this at our committee my observations to interpellations of the other Members
morning, and we agreed that the Vice- of this Commission. They are just food for thought, if
meeting this
carries more force and will not be an the Committee will consider.
President’s idea
it will be included in the other provisions
obiter dicta, if MR. TINGSON. Thank you, Mr. Vice-President. It is
The idea of protecting human rights
of the Constitution. good to hear these observations.
already included
in the phrase “under a regime of
is
justice.” MR. PADILLA. I was thinking that what we want our
people to enjoy, not only of this generation but also of

PADILLA. It may, but perhaps a three-word
MR more impressive. I am also of the opinion
the future generation, are blessings. However, under the
h ase may be proposal it seems that we are limiting these blessings
should not qualify “democracy” with any
h t we only to democracy, and then we only say “under a
even the word “participatory.”
adjective, not regime of justice, peace, freedom and equality.” So,
^
auestion is: When we speak of “blessings,”
it
vt these are just some suggestions for consideration.
we limit this word only to democracy.
that
Will
that after “democracy”
û®*”cnonsor consider the idea MR. TINGSON. Thank you. Commissioner Padilla.
the PEACE, FREEDOM AND PROG-
truth,
then to be followed
by “under a regime of law, MR. PADILLA. Thank you.
RESS ordain and promulgate this Consti-
and equity do
Justice
At this juncture, the President relinquished the Chair
tution”?
to the Honorable Francisco A. Rodrigo.
MR. TINGSON. Instead of the word “equality” we

use the word “EQUITY”? MR. TADEO. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo). Com-

MR. PADILLA. Yes.
missioner Tadeo is recognized.
MR. TINGSON. The Committee would like to know

MR. TADEO. Mr. mayroon po
Presiding Officer,
the difference between “equality”
and “equity.” Bias Ople
kasing mahalagang tanong Commissioner
si
Ang tanong niya ay

PADILLA. My first suggestion is to add the kahapon na totoong makabuluhan.
MR kung ano ang pagkakaiba ng Preamble ng Saligang Batas
words PEACE, FREEDOM after “blessings of de-
122 WEDNESDAY, UNE J 1
1 ,
1 986
ng 1986 sa Preamble ng mga Saligang Batas ng 1898, in Commissioner Rodrigo’s amendment which is Section
1935 at 1973. Napakagandang katanungan. At kahapon 27 of our Rules, after the period of amendments we will
pa ay nag-isip na ang mga magbubukid kung ano ang have the approval of the resolution on Second Reading.
mapapaloob sa ating Preamble na maglalarawan ng ideals I would like to find out if we are indeed on Second
at aspirations ng sambayanang Pilipino. Nakita ng mga Reading, specifically on sponsorship. If we are on the
magbubukid ang dalawang bagay na dapat nitong period of sponsorship, the Rules does not provide the
taglayin upang ay maiba sa 1898, 1935 at 1973
ito time limit for the sponsorship and debates. I believe
Preambles. Nakita namin na sa “Divine Providence’’ na that in the absence of the Rules, since we" are under time
pinalitan ng “ALMIGHTY GOD” ang dapat na ipalit ay constraint, it would be for the good and sound judg-
GOD OF HISTORY, isang Diyos ng Kasaysayan, kung ment of the Constitutional Commission to limit the
saan ang Diyos ay buhay na buhay na kasama ng mga time for this period. So, I would like to know if we are
magbubukid, manggagawa, urban poor at mga tao sa indeed in the period of sponsorship and debate.
EDSA. Kung ang gagamitin natin ay “Divine Providence”
o kaya ay ang “Almighty God,” para bagang ang Diyos THE PRESIDING OFFICER (Mr. Rodrigo). The
na iyan ay hiwalay sa atin. Ngunit kung ang gagamitin Chair sees the situation that we are in the period of
natin ay Diyos ng Kasaysayan, ang Diyos ay kasama sa interpellations on Second Reading. We are not yet in
kasalukuyan ng sambayanang Pilipino. Ito ang dahilan the period of amendments. However, there was a
kaya gusto po namin itong baguhin. Kinakailangang motion filed by Commissioner de Castro asking for a
magkaroon ito ng pagkakaiba. Tama ang sinabi ng Kasa- suspension of the discussion. Somebody, I think Com-
mang Commissioner Bias Ople. Ano ang pagkakaiba missioner Padilla, stood up, wanting to make some
kapag pinalitan natin ng “God of History”? Ang Diyos statements, and Commissioner de Castro withdrew his
ay buhay na buhay na kasama natin sa ating pakikibaka. motion temporarily. So, that is the situation now.
Pangalawa na ginugusto ng magbubukid: Gaya ng
sinabi namin, ang “participatorydemocracy” ay humihi- MR. MAAMBONG. Mr. Presiding Officer, if such is
kayat ng two-party system na siyang humuhubog the situation, would like to believe that the
then I
naman ng “elite democracy.” Upang makahulagpos na motion of Commissioner de Castro would be to end the
tayo sa American model, sa kuko ng lawin at agila, at debate and sponsorship on Second Reading. Would that
upang ipakilala ng 1986 Con-Com ang kanyang pagkaka- be correct?
iba, kinakailangang lagyan na natin ito ng “popular de-
mocracy” na siyang magwawasak sa “elite democracy.” THE PRESIDING OFFICER (Mr. Rodrigo). Com-
Minsan pa akong tumindig. Sinasabi ninyo na ang missioner de Castro can answer that better.
mapapaloob sa ating Preamble ay ang ideals and aspira-
tions of the Filipino people. Nagsasalita sa inyong MR. MAAMBONG. Thank you.
harapan ngayon ang kinatawan ng mga magbubukid na
bumubuo ng 75 percent ng ating populasyon. Sinasabi MR. DE CASTRO. Yes, that is my motion. The Rules
nating ang Preamble ang magbibigay direksyon; “bed- is very specific and the intention is to shorten our de-
rock” and “destination.” Kapag pinalitan natin ang “Al- bate with better understanding because we have only 90
mighty God” ng “God of History” at nilagyan natin days to finish the draft of our Constitution. I was just
ng “popular democracy,” masasabi nating tama si thinking that if the Preamble of the Constitution which,
Ginoong Ople na nabago natin ang Preambles ng 1898, according to the sponsor is an obiter dicta, takes time to
1935 at 1973 Constitutions. discuss, then the meat of the Constitution will take
more time; so, heaven knows when we shall be able to
MR. MAAMBONG. Mr. Presiding Officer. finish this Constitution. I, therefore, move for the
resolution of my motion, Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
sioner Maambong is recognized. THE PRESIDING OFFICER (Mr. Rodrigo). If the
Commissioner is withdrawing his motion he will have to
MR. MAAMBONG. With the indulgence of Commis- refde it.
sioner de Castro and before he rises on his motion, I rise
on a point of parliamentary inquiry.I would like to MR. DE CASTRO. I am not withdrawing my motion.
know now, but before the
the parliamentary situation I just gave our Vice-President the floor for the mean-
Chair rules on the inquiry, I would like to recall that time. I will repeat my motion. Having discussed the
under our Rules, once the Committee to which a resolu- Preamble since yesterday and for two hours the whole
tion has been referred makes a committee report within afternoon today, I move that we close the period of dis-
1 0 days, that committee report should be scheduled for cussions, interpellations, sponsorships and debates on
Second Reading. Within that period on Second Reading, the said Preamble.
the resolution is submitted for sponsorship, after which
it is again scheduled for further consideration. Then, THE PRESIDING OFFICER (Mr. Rodrigo). Is the
there will be amendments to the resolution. As stated motion seconded?
SEVERAL MEMBERS. We second the motion. transfer of Commissioner Teodoro C. Bacani from the
Committee on Human Resources to the Committee on
THE PRESIDING OFFICER (Mr. Rodrigo). Is there Social Justice and Social Services.
any objection? (Silence) The Chair hears none; Com-
missioner de Castro’s motion is approved. THE PRESIDING OFFICER (Mr. Rodrigo). Is there
any objection? (Silence) The Chair hears none; the
Commissioner Tingson is recognized.
motion is approved.
MR. TINGSON. Mr. Presiding Officer, am I needed

MR. RAMA. I move for the approval of another
here or can I go back to my seat? change in thecomposition of committees. I move for
the transfer of Commissioner Efrain B. Trenas from the
SUSPENSION OF SESSION Committee on Social Justice and Social Services to the
Committee on Human Resources.
MR. RAMA. I ask for a suspension of the session.
THE PRESIDING OFFICER (Mr. Rodrigo). Is there
THE PRESIDING OFFICER (Mr. Rodrigo). The
session is suspended. motion is approved.
It was 4:40 p.m.
MR. RAMA. Mr. Presiding Officer, I move for the
RESUMPTION OF SESSION election of Commissioner Ponciano L. Bennagen to the
Committee on Local Governments in lieu of Commis-
At 4:45 p.m., the session was resumed. sioner Jose C. Colay CO.
THE PRESIDING OFFICER (Mr. Rodrigo). The THE PRESIDING OFFICER (Mr. Rodrigo). Is there
session is resumed. any objection? (Silence) The Chair hears none; the
motion is approved.
MR. RAMA. Mr. Presiding Officer.
MR. RAMA. ask that Commissioner Tingson be
The ^
THE PRESIDING OFFICER (Mr. Rodrigo). recognized.
Floor Leader is recognized.
MR. RAMA. I ask that Commissioner Garcia be sioner Tingson is recognized.
recognized.
MR. TINGSON. had to be there at the back for a
I
Com-
the presiding OFFICER (Mr. Rodrigo). little while and I was caught unaware regarding the
missioner Garcia is recognized. motion that Commissioner Garcia presented a while ago.
And when the Presiding Officer asked for any objection,
I was on my way to the rostrum that I did
not have a
MR. GARCIA. Thank you, Mr. Presiding Officer.
chance to object to it. I would like to ask for a recon-
I move
that we defer consideration of the Preamble
substantial debate on other issues on the sideration of that motion.
until after
Constitution is made.
THE PRESIDING OFFICER (Mr. Rodrigo). There is
a motion to reconsider the approval of the
motion of
the presiding officer (Mr. Rodrigo). Is there
second the motion?
anyone who will Commissioner Garcia.
(Silence) The Chair hears
Is there any objection?
second the motion.
A MEMBER. I
the presiding officer (Mr. Rodrigo). Is there

MR. GARCIA. I that we defer consideration
move of
motion? ( Silence) The Chair hears
any objection to the the Preamble until after substantive
debate on other
approved.
none; the motion is
issues on the Constitution is made.

THE PRESIDING OFFICER (Mr. Rodrigo). We have
motio^n, so
The reconsidered the approval of that
the presiding officer (Mr. Rodrigo).
Commissioner Tingson want to propound
some ques-
tions?
COMMITTEE MEMBERSHIP MR. TINGSON. not mistaken, there is

If I am no
consider ommis
some changes other Business for the Day. If we
MR. RAMA. I move
for the approval of
we adjourn, we will be
move for the sioner Garcia’s then
motion and
in the composition of the committees. I
124 WEDNESDAY, UNE J 11 ,
1 986
wasting several hours of work here in our session. Be- THE PRESIDING OFFICER (Mr. Rodrigo). The
sides, as a Committee, we feel that we have a sub- Chair wants to clarify the situation. A motion to stop
stantially good and acceptable basis of a working the debate has been approved.
Preamble that we could, in substance, approve. Perhaps,
after the period of amendments, we can finish the dis- MR. GARCIA. Exactly.
cussion of the proposed Preamble even today. And if we
do, I think the reaction today from the public will be THE PRESIDING OFFICER (Mr. Rodrigo). And so
much better than the reaction we initially got yesterday. we now go to the period of amendments. That is the
We were criticized for quibbling too much on some of matter at issue.
the phrases and words in the Preamble. And I under-
there any objection to the motion that
Is we now
stand that even if we approve portions of this Preamble,
proceed to the period of amendments?
those who have better ideas can later on present amend-
ments by substitution or whatever before the proposed
Preamble is finally incorporated into our Constitution.
MR. MAAMBONG. Mr. Presiding Officer.
Thank you, Mr. Presiding Officer.

FR. BERNAS. Mr. Presiding Officer.
missioner Maambong is recognized.
THE PRESIDING OFFICER Rodrigo). The

(Mr. MR. MAAMBONG. am constrained again to pose a
I
Chair wants to make a statement. In order to give way parliamentary inquiry because there seems to be a mix-
to the discussion of this matter, I think that the motion up in the procedure here. As I mentioned a while ago,
of Commissioner de Castro, which was twice approved, under the Rules, the next step after the period of
has to be reconsidered. The motion of Commissioner de sponsorship is not the period of amendments but the
Castro is to stop the period of sponsorship and debate. period of consideration of the resolution for Second
May we know again the motion of Commissioner de Reading. This makes a lot of difference. Commissioner
Castro which was approved? de Castro seems to be of the impression that the next
period is the period of amendments, but I would main-
MR. DE CASTRO. My motion was to terminate the tain that we are still on the next step which is the con-
period of sponsorship and debate, and for us to go to sideration of the resolution for Second Reading. I would
other matters regarding the Preamble. According to the like to read Section 23 of Rule VI:
Rules, if we continue, the next procedure is the period
On the day set for the consideration of a resolution for
of amendments.
Second Reading, the same shall be read in fuU with the
amendments proposed by the Committee, if any, unless
MR. GARCIA. That is precisely what I have objected
copies thereof had been distributed and such reading is dis-
to.
pensed with. Thereafter the resolution shall be subject to
debate and pertinent motions.
MR. DE CASTRO. So, I support the statement of
Commissioner Tingson that we proceed to the period This debate, under Section 24, is the one mentioned
of amendments since we have all the time this after- by Commissioner de Castro which is limited to three
noon. speeches for and two against. That is why I am now
posing a parliamentary inquiry as to the exact par-
THE PRESIDING OFFICER (Mr. Rodrigo). So, the liamentary situation. Are we going to the period of
motion now is to proceed to the period of amendments. amendments or are we going to the correct procedure,
which is the period of consideration of the resolution
for Second Reading?
THE PRESIDING OFFICER (Mr. Rodrigo). Com- regular procedure that after the period of debate,
is
missioner Bernas is recognized. we go to the period of amendments. The rule read by

Commissioner de Castro upholds this since it says that
FR. BERNAS. I move for a nominal vote on the we vote on the resolution, as amended. So we should
motion of Commissioner Garcia. not vote on the resolution until we have gone into the
period of amendments.
THE PRESIDING OFFICER (Mr. Rodrigo). Will
Commissioner Garcia restate his motion? SUSPENSION OF SESSION
MR. GARCIA. I move we

defer the considera-
that THE PRESIDING OFFICER (Mr. Rodrigo). The
after a substantive debate on session is suspended.
tion of the Preamble until
other issues on the Constitution is finished. It was 4:55 p.m.
WEDNESDAY, JUNE 11,1986 125
RESUMPTION OF SESSION ments have been completed because we are afraid

shall
that if we come up with this Preamble without consult-
ing the people; as we had agreed upon previously, we
may be subjected to vicious attacks by the public. So,
what I am trying to suggest is that even without calling
session is resumed.
a vote, let usproceed and go to the period of amend-
ments, and at that point, we will stop in the delibera-
tions until we get the complete feedback about the
Preamble from public hearings to be conducted all over
the country.
THE PRESIDING OFFICER (Mr. Rodrigo). On the
MR. RAMA. I ask that Commissioner Garcia be parliamentary inquiry, the Chair opines that after the
recognized. period of amendments shall have ended, we automa-
tically proceed to vote for the resolution, as amended,
THE PRESIDING OFFICER (Mr. Rodrigo). Com- unless there is a motion to defer.
missioner Garcia is recognized.
MR. SUAREZ. That is my parliamentary inquiry.
MR. GARCIA. I make this intervention because of
the importance of the Preamble. I would like to recom- THE PRESIDING OFFICER (Mr. Rodrigo). That is
we make appreciate the fact

haste slowly.
mend that I
the Chair’s answer.
responsibility to
that we are all very conscious of our
work within the limit of three months, but I think we MR. SUAREZ. Thank you.
should not sacrifice substance for speed. I think we have
had debates on Preamble, and that is why I would
this THE PRESIDING OFFICER (Mr. Rodrigo). We can
like to restate my motion. I would like to
move that we go to the period of amendments, and after this, proceed
defer further consideration of the Preamble until such a to the final voting, unless there is a motion to defer.
time that we have made more substantial debates on
other issues on the Constitution. MR. TINGSON. Mr. Presiding Officer.

missioner Tingson recognized.
any objection to the motion? is
MR- SUAREZ. Parliamentary inquiry, Mr. Presiding MR. TINGSON. Mr. Presiding Officer, the Committee
and Declaration of
Officer. on Preamble, National Territory,
manifest its objection to the
Principles would like to
Commissioner Garcia for reasons I
THE PRESIDING OFFICER (Mr. Rodrigo). Com- motion presented by
missioner Suarez may state his parliamentary inquiry. already explained a while
ago.

MR- SUAREZ. Is it theoretically
possible to defer the
Officer.
sideration of the Preamble until after the period of FR. BERNAS. Mr. Presiding
^ endments has been completed without prejudicing
(Mr. Rodrigo). Com-
Doint of Commissioner Garcia to “make haste THE PRESIDING OFFICER
^ other words, instead of deferring the con- missioner Bernas is recognized.
I Iv’’? In
this stage, let us go through the process of
^•H^ration at my motion
then stop at that point and consider the
dments; FR. BERNAS. I would like to reiterate
Commissioner Garcia.
*
deferment submitted by Commissioner for a vote on the motion of
t on for
So it is still
open-ended up to that point. My
Rodrigo). Has
Is that theoretically possible THE PRESIDING OFFICER (Mr.
parl^mentary inquiry is:
Commissioner Bernas’ motion been seconded?
now?
(Mr. Rodrigo). That MR. RAMA. Yes, Mr. Presiding Officer.
the PRESIDING OFFICER
is
After the amendments shall

in order.
onssible’ that is
VOTING
the period
Lve been presented and approved, and after
been closed, possible to (Mr. Rodrigo). Let us
of amendments shall have
it is
resolution,
THE PRESIDING OFFICER
final vote on the
consider a motion to defer vote.
as amended. Those in favor of the motion of Commissionei
(Several Members raised
we not call a final
will Garcia, please raise their hand.
MR. SUAREZ. No, the point is
their hand.)
vote on the amendment even after the period ot amend-
Those against, please raise their hand. ( Several Mem- posal of the Committee. But before retaining “aid,” I
bers raised their hand.) propose to add the word AND so that the phrase would
The result of the voting is a tie — 15-15.
read: GUIDANCE AND AID OF DIVINE PROVI-
DENCE.
So, the Chair has to vote.
Considering that the question is on whether or not THE PRESIDING OFFICER (Mr. Rodrigo). What
this same matter can be brought up after the amend- does the Committee say?
ments, I vote against the motion. (Applause)
MR. TINGSON. Mr. Presiding Officer, we do not feel
that the proposal would really be of help to the draft
PERIOD OF AMENDMENTS
that we presented. We would rather let the body decide.
MR. RAMA. Mr. Presiding Officer, I move that we
proceed to the period of amendments. THE PRESIDING OFFICER (Mr. Rodrigo). Com-
missioner Bacani is recognized.
any objection? (Silence) The Chair hears none; the BISHOP BACANI. Mr. Presiding Officer, due to my
motion is approved. ignorance of procedure, I did not explain the reason for
my proposal to use LORD OF HISTORY.
We are now in the period of amendments.
MR. MAAMBONG. Mr. Presiding Officer. THE PRESIDING OFFICER (Mr. Rodrigo). Com-
missioner Bacani, there is an anterior amendment so we
THE PRESIDING OFFICER (Mr. Rodrigo). Com- can go back to the Gentleman’s amendment later.
MR. DAVIDE. May I be allowed to explain my
MR. MAAMBONG. Mr. Presiding Officer, I would anterior amendment.
like to manifest that under the Rules, we cannot go to
the period of amendments because we are supposed to THE PRESIDING OFFICER (Mr. Rodrigo). Com-
be in the period of debate on Second Reading. missioner Davide may proceed.
THE PRESIDING OFFICER (Mr. Rodrigo). The MR. DAVIDE. The word “aid” has already gained
Chair rules that we are through with the debate and the historical implications. We find the word “aid” in the
interpellations and we are now in the period of amend- 1935 and the 1973 Constitutions because of its signifi-
ments.
cance and meaning. We need the aid of Divine Provi-
Is there any amendment? dence, not just guidance. Guidance is a state of the
mind, but aid is more positive and affirmative. And so,
BISHOP BACANI. Mr. Presiding Officer. if we want to have His guidance, we must also follow it
up by imploring His aid.
the presiding officer (Mr. Rodrigo). Com-
missioner Bacani is recognized. MR. TINGSON. Mr. Presiding Officer.
BISHOP BACANI. I would like to make an amend-

ment supporting Commissioner Tadeo’s comment made
missioner Tingson is recognized.
during the period of interpellations. Earlier, I suggested
ALMIGHTY GOD, but if that would not be to Com- MR. TINGSON. think the Committee will gladly
I
missioner Tadeo’s suggestion, I propose LORD OF accept Commissioner Davide’s amendment.
HISTORY instead.
MR. DAVIDE. Thank you.

THE PRESIDING OFFICER (Mr. Rodrigo). So, the
proposed amendment is; Change “Divine Providence” to
MR. TINGSON. So, instead of “guidance” we will
“LORD OF HISTORY.”
revert to the word “AID.”
Is there any comment?
THE PRESIDING OFFICER (Mr. Rodrigo). So,
MR. DAVIDE. Anterior amendment, Mr. Presiding we
instead of “guidance” word “AID.”
revert to the
Officer.
Is there any objection to the amendment? (Silence)
THE PRESIDING OFFICER (Mr. Rodrigo). What is

The Chair hears none; the amendment is approved.
the anterior amendment of Commissioner Davide? Commissioner Bacani is recognized.
MR. DAVIDE. The anterior amendment consists in BISHOP BACANI. I beg the indulgence of my col-
the retention of the word “aid,” together with the pro- leagues for my coming back to explain.
The reason I would

“Divine Providence” changed
like Commissioner Bacani is recognized.
to LORD OF HISTORY is this: The use of “Divine
Providence” is not a Filipino way of articulating God, if MR. OPLE. Mr. Presiding Officer.
we are referring to God. It is very difficult to translate
the phrase into Pilipino. If we try translating that into THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
Pilipino when the Preamble and the whole Constitution sioner Bacani was recognized ahead.
is finally translated, we will find that we will really
have Secondly, “Divine Providence” is less
difficulties. BISHOP BACANI. Thank you very much, Mr. Pres-
personal than when we speak of God or the Lord of iding Officer.
History. That is why I would prefer that this be changed If there is difficultyfor a big group to accept the
to something else. term “Lord of History,” I propose ALMIGHTY GOD
as
LORD OF HISTORY very appropriate term

is a a second choice.
because we are undergoing a historical process of libera-
tion and, I might say, reconciliation towards peace.
full THE PRESIDING OFFICER (Mr. Rodrigo). So,
And in order to show that we are a people on the Commissioner Bacani’s motion now is to change “Divine
march, and that this guidance is with us as we march

Providence” to ALMIGHTY GOD.
However, I would
like to ask the reaction of the Chairman of the Com-
along the way, the words LORD OF HISTORY would
mittee.
be more meaningful. The tenn “Almighty God” that I
proposed earlier is meaningful enough; I think, it is even
MR. TINGSON. Mr. Presiding Officer, I would rather
more personal than “Divine Providence,” but I fully to accept or reject the proposal.
leave it to the body
support Commissioner Tadeo’s concept and suggestion
for that reason.
MR. OPLE. Thank you, Mr. Presiding Officer.
MR. TINGSON. Mr. Presiding Officer, the Committee May I ask the Chairman of the Committee a few
feels that OF HISTORY” would be, in a sense,
“LORD questions.
limiting the concept of God because we, Christians, be-
lieve not only in the Lord of History, but especially in MR. TINGSON. I would be glad to.
the Lord of Calvary, both of which are joined together

in the phrase “Divine Providence.” We would rather MR. OPLE. This may require recalling Commissioner
because I intend
stick to the phrase “Divine Providence.” Bacani for a while to the microphone
of the terms “Lord of
to go deeper into the meaning
BISHOP BACANI. Mr. Presiding Officer, the term although this is now
History” and “God of History,”
“Lord of History” within the Christian context pre- But I think it will enrich the pro-
somewhat academic.
includes Calvary which if this very innovative
cisely is the center of the history ceedings of this Commission,
of salvation. So, if you are speaking from the Christian concept is discussed a little bit more.
point of view, the objections will be even less. The
I am glad support Commissioner Bacani * Proposed
to
with
form substituting ALMIGHTY
difficulty the notion of “Divine Providence,” even
mendment in its final
though it is a good notion in itself, is that it can speak also support
may not be as involved as the Lord of jOD for “Divine Providence,’ and I could
of a God who ‘Lord of History.” But, first of all, I want to under-
History would show
Him to be.
but we all know that

Mr. Presiding Officer, translating the
TINGSON. amnot a theologian, of course,
MR I
the Marxist vision of history

precisely enthrones history
or the Constitution does not need to be trans- •
Preamble also known as historical
in the place of God. This
is
rteral It could
be translation by idea. So, if it is awk- many schol^s of
materialism and, therefore, there are
Providence” in Pilipino, let us
ward to translate “Divine political science, especially of Marxism, that might see
the idea of God. So, we feel that
translate it with in these some false expectations that we may be actually
could be more adequate. be the
“Divine Providence” talking of history as God, whereas, that might not
Commission
intention of the proponent and of this
SUSPENSION OF SESSION itself.
The a Lord of His-
the PRESIDING OFFICER (Mr. Rodrigo). I have no objection to the notion of
that guides in the formâ-
Chair suspends the session. ry, an overarching presence
3n of the founding fathers
of the United States, that
It was 5:15 p.m. and nations. But again is
tides the destinies of men
I
be susceptible to misinterpretâtion.
RESUMPTION OF SESSION ,uld
the historical Christ is
storians could also say that
the session was resumed. the average Christian
At 5:16 p.m., fferent from the Christ that
Christ is the fore-
The lows and worships. The historical
THE PRESIDING OFFICER (Mr. Rodrigo).
mner of one who is celebrated in the
Dead Sea Scrolls,
session is resumed.
128 WEDNESDAY, UNE J 11,1 986
not the God that we worship, the Son of the Father; but God”? In other words, let us confine the word “God”
the Christ studied according to the methods of his- without an antecedent description of “Almighty” since
torians. It is not the Christ of the Bible. It is the Christ “Almighty” would be a surplusage.
of historiography applying the technology of the
historian rather than the theologian or the evangelist. THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
sioner Tingson is recognized.
And
so, these proposals are located within a context
that can distract attention and can cause some con-
MR. TINGSON. The Committee certainly does not
fusion which is wholly unintended by the proponents.
feel we have the monopoly of truth, wisdom, and
But I am pointing out that there are communities in the
knowledge. So may we call on a theologian, Commis-
world where terms such as the “Lord of History” and
sioner Rigos.
“God of History,” as defined, can be given a dual mean-
ing. Therefore, while I would completely support Com- THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
missioner Tadeo’s motive in offering the “God of sioner Rigos is recognized.
History” as an amendment and Commissioner Bacani’s
original version of “God of History,” I think we will REV. RIGOS. Mr. Presiding Officer, I believe it is not
all be immensely reassured if the latest version of redundant to describe God as Almighty. As a matter of
the amendment of Commissioner Bacani, which is fact, we call Him loving, righteous and we do not con-
ALMIGHTY GOD, is accepted instead of the more sider the terms redundant. It is beautiful to describe
innovative terms earlier offered. God as Almighty. Whether we call Him Almighty God
Thank you. or God Almighty is the same. So I suggest that we sup-
port the phrase “Almighty God” or “God Almighty.”
MR. TINGSON. Mr. Presiding Officer. MR. TINGSON. Mr. Presiding Officer, the Committee
isvery happy to accept the amended statement; “We,
THE PRESIDING OFFICER (Mr. Rodrigo). Commis- the sovereign Filipino people, imploring the aid of
sioner Tingson is recognized. ALMIGHTY GOD.”
MR. TINGSON. After conferring with the Committee MR. UKA. Mr. Presiding Officer.
and talking to Commissioner Bacani, and hearing the
eloquent dissertation of Commissioner Ople, the Com- THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
mittee hereby joyfully accepts the amendment. sioner Uka is recognized.
THE PRESIDING OFFICER (Mr. Rodrigo). The MR. UKA. My friends and brothers in the belief in
Committee has accepted the amendment. the Almighty God: I think if we use the word “Al-
Is there any objection to the amendment to change
mighty God” instead of the other appellations, there
“Divine Providence” to ALMIGHTY GOD? (Silence) will be no objections from the other sects because your
The Chair hears none; the amendment is approved. brother Muslims, who also believe in God, always say
this before doing anything or before prayers: All praise
is due to God, the Beneficient, the Merciful, the Com-
MR. TINGSON. Mr. Presiding Officer, the Committee
passionate. Arabic: (Alhamdu lillah ir Rahman ir Ra-
on Style could study and decide on that because it
him).
could also be “God Almighty” instead of “Almighty
God.” I would like to say, too, that the Muslims have many
similar concepts of God, the Father of all men. The
MR. SUAREZ. Mr. Presiding Officer, may I be recog Muslims believe that one single nation —
all men are but
nized. that is a verse in the Holy Koran. There are several
chapters in the Bible, describing Jesus and His Mother,
THE PRESIDING OFFICER (Mr. Rodrigo). Yes, Sitti Mariam, or Mary. In fact, the Ten Commandments
Commissioner Suarez. are in the Holy Koran. Father Mercado has been
studying this.
MR. SUAREZ. I suppose Commissioner Tingson and Christianity are but two forms of one
Islam
remembers the discussions we had in the 1971 Constitu- and the latest exponent of that divine message
religion,
tional Convention regarding the possible employment of

— the Prophet Mohammad — said; “Verily, I have not
the phrase “Almighty God.” One of the questions raised brought a new religion. The religion that I preach is the
and which appeared to have been validly accepted in the same religion that began from Adam, Noah, Moses and
Convention was that the word “God” already encom- Jesus.” He did not bring a new religion.
passes the word “Almighty.” When you speak of God, And so the word “Almighty God” would be nice. I
He is omnipresent. He is omniscient. He is almighty. So have to say this because we do not understand each
is that not a redundancy, to use the phrase “Almighty other, although we are all brothers in faith. The Lord’s
Prayer in the Holy Bible is practically the same as the THE PRESIDING OFFICER (Mr. Rodrigo). Before
Lord’s Prayer in the Holy Koran. There is only one verse the Commission now is the proposed amendment to
there that is not found in the Lord’s Prayer of the change “Divine Providence” to ALMIGHTY GOD.
Muslim: “A1 Fathiya.”
With your indulgence — anyway what is ten or five
MR. TINGSON. We have accepted that already, Mr.
Presiding Officer. The Committee will be glad to hear
minutes among friends — may I repeat this since this is
the next amendment, if there is any.
very short. The Christian Lord’s Prayer, found in the
Christian Bible, says, as Jesus said: When you pray, pray
may
MR. JAMIR. Mr. Presiding Officer, I be recog-
thou likewise:
nized.
Our Father, Who art in Heaven, Hallowed be Thy name.
Thy Kingdom come. Thy will be done on earth as it is in THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
Heaven. sioner Jamir is recognized.
Give us tliis day our daily bread, and forgive us our
trespasses, as we forgive those who trespass against us, and MR. JAMIR. Our amendment consists of inserting the
lead us not into temptation but deliver us from evil, for word HIGHEST between the words “our” and “ideals,”
Thine is the kingdom and the power and the glory, forever. appearing on line 9 of the draft.
Amen.
MR. DAVIDE. Mr. Presiding Officer, may I propose
Here the Muslim Lord’s Prayer as found in the Al
is
an anterior amendment.
Fathiya, the first chapter of the Holy Qur’an. I better
translate it in English because you do not understand
Arabic.
sioner Davide is recognized.
In the name of God,
the most merciful and com-
passionate. AU due to God, the Lord of all the
praise is
MR. DAVIDE. The anterior amendment will be on
worlds. Thee do we worship and Thee we beseech for help. line 6 of the committee report on Proposed Resolution
Guide us on the right path. The path of those upon No. 72.
whom Thou hast bestowed favors, not of those upon whom THE PRESIDING OFFICER (Mr. Rodrigo). I
Thy anger has been brought down nor of those that go thought we were using this (showing a sheet of paper)
astray. Amen. with the two Preambles side by side.
Where the difference? It is seen that both ask for
is
guidance. When I delivered that in an ecumenical meet- MR. DAVIDE. Then it would be on line 8 of the
indeed they are comparative chart.
ing, one friendly priest told me: “Sir,
the same. However, I found one difference in our
There that phrase THE PRESIDING OFFICER (Mr. Rodrigo). No, I
Lord’s Prayer in the Christian faith. is
— I have
think number 8 in the chart means the number of
which says ‘give us this day our daily bread’
words, not the number of the line.
not heard it in your Lord’s Prayer in the Holy Qur’an.
”
Why? MR. DAVIDE. would like to propose the insertion
I
I say the daily bread is simply a sort of reference to of the following words between the words “to” and
God’s grace. Anyway, the Muslims believe that God is so “establish”: PRESERVE AND STRENGTHEN OUR
high and almighty, that we are not supposed to ask for NATIONAL UNITY AND IDENTITY AND.
hot pan de sal. And that is the reason why most of the
hot pan de sals are found in the Christian areas because THE PRESIDING OFFICER (Mr. Rodrigo). What
pray for it; the Muslims forget to
iny Christian brothers does the Committee say?
ask for bread. (Laughter)
for giving me this opportunity. MR. TINGSON. Mr. Presiding Officer, we are very
Thank you very much careful about adding words. As it is, we have already
our meetings, I will tell you
(Applause) In the course of succeeded in subtracting three words from the Preamble
more about our similarities, so I hope we will use the
of the 1973 draft and we are very wary about adding
term ALMIGHTY GOD. more words to this Preamble. I would rather that the
body consider it.
MR Mr. Presiding Officer, our Committee
TINGSON.
from the
was wondering whether our Muslim brothers MR. DAVIDE. We appreciate the concern of the
South would accept the phrase ALMIGHTY GOD when Committee maintaining a very short Preamble. But
in
we discussed this even this morning. We are very happy the Preamble of the Federal Republic of West Germany
that brother. Commissioner Lugum Uka, has
our Muslim contains 1 17 words, that of the Fifth French Republic
accepting
now placed upon the record that they are also contains 87 words. I do not think we should really
the phrase ALMIGHTY GOD. be guided by the number of words contained in the
Thank you. Preamble, but rather by its substance.
So, if the Committee

not accept the proposal, I
will MR. SARMIENTO. Society and government are two
would request that it be submitted to the body. And the different concepts — society being broader in meaning
wording would lead to the insertion between the word and scope.
“to” and the word “establish” the following: PRE-
SERVE AND STRENGTHEN OUR NATIONAL MR. SUAREZ. Will Commissioner Sarmiento kindly
UNITY AND IDENTITY AND. restate his proposed amendment so that we can be
guided accordingly.
VIVA VOCE
MR. SARMIENTO. So, my proposed amendment
THE PRESIDING OFFICER (Mr. Rodrigo). Is there reads: “We, the sovereign Filipino people, imploring
any comment on the proposal before we vote? the aid of the Almighty God, in order to BUILD A
amendment, say
JUST AND HUMANE SOCIETY establish a govern-
As many as are in favor of the yea.
ment,” etc.
FEW MEMBERS. Yea.

MR. TINGSON. Mr. Presiding Officer, the Commit-
tee’s draft does not include the words “in order.”
THE PRESIDING OFFICER (Mr. Rodrigo). As many
as are against, say nay. MR. SARMIENTO. Mr. Presiding Officer.
SEVERAL MEMBERS. Nay. MR. SUAREZ. I would like to second the motion, as
modified.
nays have it; the amendment is lost.
MR. TINGSON. Mr. Presiding Officer, we feel that
the intended amendment is already covered by the
MR. SARMIENTO. Mr. Presiding Officer, may I pro- following phrase: “the blessings of participatory de-
pose an anterior amendment. I know the Committee mocracy under a regime of justice, peace, freedom and
will be wary of my amendment, it being an addition to
equality.” We would rather let the body decide on it.
the draft Preamble.
After the words “in order to,” I propose the addition REV. RIGOS. Mr. Presiding Officer.
of the words BUILD A JUST AND HUMANE
SO-
CIETY. I know that the concern of the Almighty God THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
is not only the establishment of a government, but sioner Rigos is recognized.
also the building of a just and humane society.
REV. RIGOS. May I point out that the amendment
MR. SUAREZ. Mr. proposed Commissioner Sarmiento is the same
by
Presiding Officer, will the Gentle-
proposal submitted by the 1986 UP Law Constitution
man yield?
Project and which we will find in the document dis-
tributed to us.
THE PRESIDING OFFICER (Mr. Rodrigo). Will the
Gentleman please restate his proposed amendment
before we go into that.
MR. AZCUNA. Mr. Presiding Officer.

MR. SARMIENTO. My proposed amendment is on missioner Azcuna is recognized.
the second line: “in order to BUILD A JUST AND
HUMANE SOCIETY.” MR. AZCUNA. While agree with the direction and
I
substance of the proposed amendment, I believe it does

MR. SUAREZ. Would Commissioner Sarmiento not belong to the Preamble, the statement in which we
transpose the words “JUST AND HUMANE”
to be at- ordain and promulgate the Constitution, for we are
tached to the word “government.” In other words, the talking of establishing primarily a government, not
proposed amendment would read: “to establish a JUST building a society. The society already exists and this
AND HUMANE SOCIETY government.” society, by the act of promulgating a Constitution,
establishes a government.
MR. SARMIENTO. Commissioner Suarez, with So I if the amendment should be in-
believe that
regrets, cannot accept because it is my
I personal belief serted at should be after the words “under a
all, it
that “government” is too restrictive, too limited. When regime,” rather than ask the Almighty to help us esta-
we speak of a society, it is broader in scope; it is blish a society. That society antedates the act of pro-
unlimited, unlike the use of the word “government.” mulgating the Constitution.
MR. SUAREZ. So, the Commissioner would make a MR. TINGSON. Mr. Presiding Officer, the Committee
distinction between “society” and “government.” would suggest that Commissioner Sarmiento do his best
WEDNESDAY, |UNE 11, 1986 131
to get his proposal incorporated under other articles THE PRESIDING OFFICER (Mr. Rodrigo). We have
that are not obiter dicta. to consider Commissioner Jamir’s proposed amend-
first
ment: to insert between “our” and “ideals” the word
THE PRESIDING OFFICER (Mr. Rodrigo). Is there HIGHEST. So the phrase will read: “embody our HIGH-
any other comment? EST ideals and aspirations.” What does the Committee
say?
MR. SARMIENTO. Mr. Presiding Officer, just a
rejoinder to the comment made by Commissioner MR. TINGSON. Mr. Presiding Officer, for the sake of
Azcuna. clarity, will Commissioner Jamir state again which word
he wants to insert.
I believe purpose of this Constitutional
that the
Commission is not only to establish a government that MR. JAMIR. Mr. Presiding Officer, I move to insert
shall embody our ideals and aspirations, but also to
the word HIGHEST between the words “our” and
build a just and humane society. It is true that we have “ideals” on the third line of the draft so that the phrase
an existing society, but we long, we yearn and we aspire will read: “embody our HIGHEST ideals and aspira-
for the building of a just and humane society. So the tions.”
Preamble, using the words of Commissioner Tingson,
being the soul of the Constitution that announces the MR. TINGSON. Mr. Presiding Officer, the Committee
broad purposes and aims of the Constitution, should feels that it is not really necessary to insert the word
contain the words “TO BUILD A JUST AND HUMANE “HIGHEST.” Nevertheless, we would rather that the
SOCIETY.” The proposal cannot be covered by the body decide on it.
“regime of justice, peace, freedom and equality as

adverted to earlier by Commissioner Tingson. VIVA VOCE
VIVA VOCE any comment or observation? ( Silence)
THE PRESIDING OFFICER (Mr. Rodrigo). Is the
Is the Chamber ready to vote?
Chamber ready to vote on the proposed amendment? As many as are in favor of the amendment, say yea.
As many as are in favor of the amendment, say yea.
FEW MEMBERS. Yea.
SEVERAL MEMBERS. Yea.
THE PRESIDING OFFICER (Mr. Rodrigo). As many as are against, say nay.
as are against, say nay.
SEVERAL MEMBERS. Nay.
FEW MEMBERS. Nay.
THE PRESIDING OFFICER (Mr. Rodrigo). The nays
the amendment is lost.
THE PRESIDING OFFICER (Mr. Rodrigo). The yeas have it;
have it; the amendment is approved.

MR. SARMIENTO. Mr. Presiding Officer.
MR. JAMIR. Mr. Presiding Officer.

Com- sioner Sarmiento is recognized.
missioner Jamir is recognized. MR. SARMIENTO. Yesterday, I proposed that we
incorporate in the Preamble the word HERITAGE
have a very simple amendment wWch
MR. JAMIR. I
he before the phrase “ideals and aspirations.” It is my
was interrupted twice by two anterior amendment^ J humble position that the phrase “ideals and aspirations”
amendment consists of inserting the word HIGHE does not embrace the word HERITAGE
— HERITAGE
on
between the words “our” and “ideals” appearing referring to our tradition of struggle for liberty,
freedom
line 1of the draft. So the phrase will read: embo y
1
democracy. So, may I respectfully request
and popular
our HIGHEST ideals and aspirations.”
that we consider the incorporation of the word HERI-
- HERITAGE referring to our tradition of
What TAGE
struggle for liberty, freedom and
popular democracy.
does the Committee say? we consider the
So may I respectfully request that
incorporation of the word HERITAGE
before the
MR. SARMIENTO. Mr. Presiding Officer, with the
phrase “ideals and aspirations.”
kind indulgence of Commissioner Jamir, yesterday
I
proposed the inclusion of the word HERITAGE before

Commis-
“ideals and aspirations,” HERITAGE referring to our
sioner Sarmiento’s proposed amendment is to insert
tradition of struggle for freedom and liberty.
132 WEDNESDAY, UNE J 11,1 986
“HERITAGE” between “our” and “ideals” and a VELOP” and we would be ready to eliminate the word
comma (,) after it, so the amended phrase will read: “enhance” because we feel that “enhance” would
“that shall embody our HERITAGE, ideals and aspira- already be within the purview, the meaning of the word
tions.” What does the Committee say? “develop.” We would partly accept the amendment.
Does Commissioner de Castro agree?
MR. TINGSON. Mr. Presiding Officer, could we ask
Commissioner NoUedo to please say something? MR. DE CASTRO. I will agree. So we will leave
“conserve and DEVELOP.”
sioner NoUedo is recognized. THE PRESIDING OFFICER (Mr. Rodrigo). The
Committee proposes to delete the word “enhance” and
MR. NOLLEDO. Thank you, Mr. Presiding Officer. in lieu thereof insert the word “DEVELOP,” so the
phrase will read: “conserve and DEVELOP our patri-
As indicated in the remarks of Commissioner
mony.”
Guingona yesterday, quoting the venerable Dean Sinco
of the University of the Philippines, the term HERI- MR. TINGSON. That is right.
TAGE is included in the word “patrimony” because
“patrimony” talks not only of human and natural re- THE PRESIDING OFFICER (Mr. Rodrigo). Is there
sources but also of the Filipino culture, HERITAGE,
the intelligence of the Filipino people and the like.
proposed amendment is approved.
MR. TINGSON. Mr. Presiding Officer, the Committee MR. DAVIDE. Mr. Presiding Officer.
would rather that the body decide on it.

VIVA VOCE sioner Davide is recognized.
THE PRESIDING OFFICER (Mr. Rodrigo). Is the MR. DAVIDE. I would like to propose an amend-
body ready to vote on the proposed amendment? ment by restoring the words “of our nation.”
As many as are in favor of the amendment, say yea.
MR. TINGSON. What line is the Commissioner
referring to?
FEW MEMBERS. Yea.

MR. DAVIDE. After the word “develop” what
follows “the patrimony” because the Committee has
is
recommended the deletion of the phrase “of our na-

tion.” I want its restoration so that the phrase will read:
SEVERAL MEMBERS. Nay.
“the patrimony OF OUR NATION.”
THE PRESIDING OFFICER (Mr. Rodrigo). The nays MR. TINGSON. So that is between “patrimony” and
have it; the amendment is lost.
the comma (,).
MR. DE CASTRO. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Rodrigo). What
does the Committee say?
sioner de Castro recognized. MR. TINGSON. Mr.
is
Presiding Officer, we feel that
“our patrimony” certainly refers to the patrimony of
MR. DE CASTRO. On the same line, third line, be- our nation.
tween the words “conserve” and “enhance,” I propose
to insert the word DEVELOP so that the phrase will
MR. DAVIDE. There was a distinction made yester-
read: “conserve, DEVELOP and enhance our patri-
day on the scope of “patrimony of the nation” and just
mony.” The words “conserve,” “develop” and “en- “patrimony.” There was a brilliant disquisition on the
hance” are three different things. While you conserve distinction: the patrimony of the nation is all-inclusive,
and you enhance, it is necessary that you develop some- not only of natural resources but also of heritage. And
thing first before you can enhance it. so, I propose the broader concept of patrimony,
patrimony of the nation.
does the Committee say? MR. NOLLEDO. Mr. Presiding Officer.
MR. TINGSON. The Committee would partly accept THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
the amendment and that is, to use the word “DE- sioner NoUedo is recognized.
;
MR. NOLLEDO. With the kindest indulgence of the THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
proponent, I find no fundamental difference between sioner Rosario Braid is recognized.
the expression “the patrimony of our nation” and “our
patrimony.” So I beg to disagree with the contention MS. ROSARIO BRAID. May I suggest an amendment
that it is all-embracing. On the other hand, when we say which reads this way: “and secure to ourselves and our
“our patrimony,” we are more emphatic and possessive. posterity the blessings of A BALANCED SOCIAL OR-
We are jealous of our patrimony when you say our DER under a RULE of justice, peace, freedom,
patrimony. Amin iyan. EQUITY AND DEMOCRATIC PARTICIPATION.” We
Thank you. do not want to use the word “participatory.” The
notion of a “balanced social order” means that we try
MR. DA VIDE. Mr. Presiding Officer, we submit to to redress the imbalances and reduce the gaps and
inequities, which imply the harmonization of all sec-
the body.
tors. In lieu of “participatory democracy,” I suggest
A BALANCED SOCIAL ORDER; in lieu of “equality,”
VIVA VOCE EQUITY; and the inclusion of the phrase DEMOCRA-
THE PRESIDING OFFICER (Mr. Rodrigo). So, what TIC PARTICIPATION after it.
does the Committee say? (Silence)

Is the Chamber ready to vote?
parliamentary situation is, there is a pending proposed
As many as are in favor of the amendment, say yea. amendment by Commissioner de Castro to delete the
word “participatory.” So, this proposal of Commis-
FEW MEMBERS. Yea. sioner Rosario Braid would be in the nature of an
amendment to that amendment. What does Commis-
THE PRESIDING OFFICER (Mr. Rodrigo). As many sioner de Castro say?
MR. DE CASTRO. I do not accept the amendment to
SEVERAL MEMBERS. Nay. my amendment.
THE PRESIDING OFFICER (Mr. Rodrigo). The nays VOTING

have it; the amendment is lost.
THE PRESIDING OFFICER (Mr. Rodrigo). So, are
MR. DE CASTRO. Mr. Presiding Officer. vote on the proposed amendment to delete
the word “participatory”?
THE PRESIDING OFFICER (Mr. Rodrigo). Commis- in favor of the amendment, please raise then-
Those
sioner de Castro is recognized. hand. (Several Members raised their hand.)
Those against, raise their hand. ( Few Members raised

MR. DE CASTRO. On propose to eliminate
line 5, I
their hand.)
the word “participatory” because when we talk of in favor and 4 against; the
democracy, it is the whole thing, not only participatory The results show 27 votes
it can be collective, it can be anything. The
word “de- amendment is approved.
mocracy” is broad and sufficient enough to describe the
blessings that we are asking for. By putting “partici- Mr. Presiding Officer.
MR. GASCON.
patory,” it particular for that particular thing;
becomes
it eliminates collectiveness. So, I move that
the word Commis-
“participatory” be eliminated. Gascon is recognized.
sioner
THE PRESIDING OFFICER (Mr. Rodrigo). What make an amendment

MR GASCON. I would like to
does the Committee say? we have taken out the word
to the Preamble. Since
I would like to place the adjective
“oarticipatory,”
MR. TINGSON. Our Committee discussed this quite before “democracy” so as to differentiate
it
POPULAR
lengthily this morning, and I think the sense of the democracy.
from elite
Committee is, not want to make our
first, we do
Preamble overly long. Second, we do agree with the (Mr. Rodrigo). So, the
honorable Commissioner de Castro that the word “de- amendment is on the fifth line between the
3 posed
mocracy” would be sufficient, so we would gladly
accept the amendment to eliminate the word “partici-
patory.” words “of’ and “de-
MR. GASCON. Between the
mocracy,” insert the word POPULAR.
MS. ROSARIO BRAID. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo). So, it THE PRESIDING OFFICER (Mr. Rodrigo). Would
of POPULAR democracy.” What
will read; “blessings the proponent want the Chamber to consider that as
does the Committee say? one amendment instead of two?
MR. TINGSON. The word “democracy” has been MR. PADILLA. No, I would propose two separate
honored for so many centuries and has been enshrined amendments. So, the first is, line 5 should read; “and
in the hearts of those who believe in it. It is the real our posterity the blessings of democracy, TRUTH,
meaning of democracy, and we feel that using an adjec- peace, freedom AND PROGRESS.”
tive before it might not even improve its meaning. So,
we would rather that the body decide on it. THE PRESIDING OFFICER (Mr. Rodrigo). What
MR. GASCON. Mr. Presiding Officer, I believe that
my amendment does not diminish the honor placed on MR. TINGSON. That sounds acceptable to me. How-
the word “democracy.” In fact, it enhances its real ever, would this not be redundant in a sense, considering
meaning. So many regimes in the past which should the amendment proposed by Commissioner Sarmiento
have been called dictatorships claimed to be democra- which was accepted by this body?
tic, and there are regimes also which seem to practice
democracy which is of the elite nature. As such, be- MR. SARMIENTO. I think the inclusion of the words
cause of the people’s power revolution and the learnings ‘
PROGRESS” and “EQUITY” will add redundancy to
we have had since the martial law regime, I guess we the inclusion of “to build a just and humane society.”
must enshrine it in our Preamble by emphasizing that So, I will object to the inclusion of the words “PROG-
such “democracy” is genuinely of the people. There- RESS” and “EQUITY.”
fore, I would like to push through my amendment.
MR. PADILLA. No, I did not mention “equity”; in

VOTING propose to remove We
are talking of ‘“bless-
it.
ings in the plural, so the blessings
THE PRESIDING OFFICER (Mr. Rodrigo). The should include not
only blessings of democracy, but
proposed amendment is to insert the word “POPULAR” TRUTH -
as suggested
between “of’ and “democracy” on line 5, so that it Commissioner de Castro — and “peace freedom
will read: “blessings of POPULAR democracy.”
AND PROGRESS,” as I suggested.
Those favor of the proposed amendment, please
in
The idea is we should enjoy the blessings of de-
raise their hand. (Few Members raised their hand.) mocracy, then TRUTH to avoid a distortion of facts
that misleads and confuses the people. There is no
Those against the amendment, please raise their hand. problem regarding “peace” and “freedom,” and I would
( Several Members raised their hand.)
just add the words AND
PROGRESS because we are
The show 12 votes in favor and 21
results
against; aiming not only at the enjoyment of a democratic rule
the proposed amendment is lost. but likewise the advancement of our economy towards
progress and prosperity.
MR. PADILLA. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo). The Gentleman
Vice-President
restate his first amendment so the body can
is recognized. vote?
MR. PADILLA. I propose that after the word “de- MR. PADILLA. Yes. My first amendment After
is:
mocracy,” insert the word TRUTH
and a comma (,) the word “democracy,” add TRUTH, then transpose the
after it; transpose “peace” and “freedom” after words “peace, freedom” and add AND PROGRESS. So
TRUTH and add AND PROGRESS after “freedom,” line 5 should read: “and our prosperity the blessings of
so that this will read; “the blessings of
democracy, democracy, TRUTH, peace, freedom, AND PROG-
TRUTH, peace, freedom AND PROGRESS.”
RESS.”
THE PRESIDING OFFICER (Mr. Rodrigo). So, is the THE PRESIDING OFFICER (Mr. Rodrigo). What
Vice-President proposing to delete also the words does the Committee say?
“justice and equality”?
MR. PADILLA. No; that phrase will follow after MR. TINGSON. Does that mean we eliminate the
“under a rule of LAW.” That will be my second amend-
word “justice”?
ment; “under a rule of LAW, justice and EQUITY.”

MR. PADILLA. No, that will follow later.
But, first, line 5 should read;
“and our posterity, the
blessings of democracy, TRUTH, peace, freedom AND MR. TINGSON. Then what would follow is what
PROGRESS.” appears now.
MR. PADILLA. After “rule of,” add LAW and THE PRESIDING OFFICER (Mr. Rodrigo). The
change “equality” to EQUITY. That is the second Floor Leader is recognized.
portion of my amendment.
MR. RAMA. I ask that Commissioner Tingson be
MR. TINGSON. The Vice-President is proposing that recognized.
theword “TRUTH” follow immediately after the word
“democracy”? THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
MR. PADILLA. Yes.
MR. TINGSON. I think we are at the end of the pro-
MR. TINGSON. Would not be better to place the
it posed amendments, so we would be very happy indeed
word “TRUTH” after “rule of” instead of placing it if we could read the entire Preamble as amended
by this
after “democracy,” so that line should read; “under the august body before we leave this hall.
rule of TRUTH, peace, freedom,” etc., as the Vice-
The Committee would accept the proposal of the
President has proposed?
Vice-President, subject to revision by the Committee on
Style.
MR. PADILLA. Yes. But as it appears in both the
1935 and 1973 Constitutions, the word “blessings” is
plural — “blessings of democracy” — so I feel that these amendment?
Vice-President restate the
should include “TRUTH, peace, freedom, AND PROG-
There willbe two amendments, or is the Gentleman
RESS.”
consolidating the two now?
MR. TINGSON. If the Committee on Style could
look into this and arrange it in such a way that we MR. PADILLA. My proposed amendment on lines 5
blessings of
would not mangle the beauty of the Preamble, perhaps to 8 would read: “and our posterity
democracy, TRUTH, peace, freedom AND
PROGRESS
we would accept this proposal; but I am just wondering EQUITY, do ordam
whether the other members of the Committee would under a rule of LAW, justice and
and promulgate this Constitution.
like to express themselves, too.
MR. GASCON. Mr. Presiding Officer.

sioner Rosario Braid is recognized. Commis-
ioner Gascon recognized.

MS. ROSARIO BRAID. agree with Vice-President
I
is
Padilla to the insertion of the concept “truth,” but I to inquire about the
believe that progress is a result of the presence of all
MR GASCON. I would like
proposed by Commis-
imendment to the amendment
these transcendental goals of peace, freedom and truth. instead of
the progress,
ioner Rosario Braid, that
So that instead of the word “progress” or “prosperity,”
vord “HARMONY” be used.
I would prefer to put the concept of COOPERATION
HARMONY, or some other word that approximates (Mr. Rodrigo). During
or THE PRESIDING OFFICER
that cultural tradition of the Filipino which is bayani-
he recess, there was a conversation on the matter.
han, “bayanicracy.”
Rosario Braid
MR. GASCON. So, is Commissioner
MR. SARMIENTO. May I comment on that, Mr. Pres- withdrawing the amendment?
iding Officer.
(Mr. Rodrigo). Yes.
SUSPENSION OF SESSION MR. PADILLA. I
cannot
regret I
are
fient because while
“harmony’ and cooperation
already understood even in
session is suspended for a few minutes. lecessary I think they are
I was adding ts
he wS; “truth" and “peace.” What
It was 6:12 p.m.
he concept of “progress”
which is an ideal, an aspira
ion of the Filipino people.
RESUMPTION OF SESSION people should
These are the blessings that our
emocracy, truth, peace, freedom
At 6:16 p.m., the session was resumed. we might say> ^
re the blessings, the effects,
of our peop e
THE PRESIDING OFFICER overnment and the cooperation
(Mr. Rodrigo). The wealth.
resumed. roductivity and the creation of more
session is
former text said
With regard to the other portion, the
has changed
MR. RAMA. Mr. Presiding Officer. under a regime of,” which the Committee
136 WEDNESDAY, UNE J 11 ,
1 986
to “under a RULE of.” So,I propose to add LAW and THE PRESIDING OFFICER (Mr. Rodrigo). What
retain “justice,” then change the word “equality” to does the proponent of the amendment say?
EQUITY.
MR. PADILLA. I do not accept the proposed amend-
BISHOP BACANI. Mr. Presiding Officer. ments to my amendment.
THE PRESIDING OFFICER (Mr. Rodrigo). Commis- THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
sioner Bacani is recognized. sioner Concepcion is recognized.
BISHOP BACANI. Will the Vice-President accept an MR. CONCEPCION. I propose that the phrase “to
amendment to amendment, such that instead of
his
enjoy the blessings of democracy,” be followed by
saying just simply: “a regime of law, justice and equity,” “under the rule of law and a regime of truth, justice,
we say “. law, justice, LOVE and equity.”
. .
freedom or liberty.” That is how I will put it, because
I the reason. I would really like to insert
will explain we cannot enjoy the blessings of democracy without a
a very important factor in the people’s revolution, and it regime that seeks to establish truth, without which
is the element of “pakikipagkapwa-tao” — love. I was there can be no justice. Truth and justice are essential to
touched seeing and reading the report of how people enjoy freedom. If we have truth, justice and freedom,
acted in a nonviolent way, and these are the words in we will have peace. That is how I look at it. I submit
one film that was actually taken: “Pilipino din naman this for the consideration of the Committee.
kayo.” And then, in saving one of the loyalists, one of
those who besieged Malacanang Palace said: “Hu wag THE PRESIDING OFFICER (Mr. Rodrigo). That is a
ninyong sasaktan, Pilipino din naman siyang tulad proposed amendment to the amendment.
natin.” I think we should be aiming at the civilization of
love, because a rule simply of justice and law, and even MR. TINGSON. Mr. Presiding Officer, I think the
of equity will not be able to bring peace. At least, here I Committee would be very interested in the proposal of
wish to bring the thought of the popes who had in- Commissioner Concepcion.
sisted that a rule of justice alone is not sufficient to
bring about peace in the world. And so, I want to add THE PRESIDING OFFICER (Mr. Rodrigo). That is
the word LOVE even though it may not be very legal- in the natureof an amendment to the amendment. So I
istic to hear. would like to ask for the reaction of the proponent of
the amendment, the Vice-President.
MR. PADILLA. Mr. Presiding Officer, I have no
objection to the insertion of the word “LOVE,” so that MR. PADILLA. May we hear the proposed amend-
the line would read: “under a rule of LAW, justice, ment again?
EQUITY and LOVE.”
MR. CONCEPCION. propose that this part read:
I
“and secure to ourselves and our posterity the blessings

THE PRESIDING OFFICER (Mr. Rodrigo). What of democracy under the rule of law a regime ...” There
does the Committee say of the amendment, is no rule of truth but there is a regime of truth which
as is
amended? the enjoy-
essential to justice and both are essential to
ment of freedom. And with freedom, justice and truth,
MR. TINGSON. Mr. Presiding Officer. we can enjoy peace.
I assume that justice includes equity which actually
means fairness, but fairness cannot be established with-
sioner Tingson recognized.
out justice. So I think the essentials are “the rule of law
is
and a regime. .” not a rule of justice nor rule of truth,

.
MR. TINGSON. Mr. Presiding Officer, may the Com- but a regime of truth, justice, freedom and peace.
mittee hear fiom Commissioner Sarmiento?
MR. SARMIENTO. May I make an amendment to the SUSPENSION OF SESSION

amendment.
THE PRESIDING OFFICER (Mr. Rodrigo). This is
I suggest that we delete the word “peace” because the a sort of an amendment by substitution.
fruit of truth, freedom and justice is peace.”
The Chair declares a suspension of the session for a
I also propose the deletion of the word “progress” few minutes.
because, to me, progress is included in the promotion of
It was 6:27 p.m.
the common good, in the building of a just and humane
society.
I also propose the deletion of the word “equity” be-
cause if there is law, there is justice; so there is equity. At 6:34 p.m., the session was resumed.
THE PRESIDING OFFICER (Mr. Rodrigo). The MR. GASCON. Mr. Presiding Officer.
session is resumed.
The Vice-President is recognized.
sioner Gascon is recognized.
MR. PADILLA. Mr. Presiding Officer, Commissioner
Concepcion has proposed an amendment to my amend- MR. GASCON. Mr. Presiding Officer, I would like to
ment. May I, therefore, request him to restate his make an additional amendment. I propose to add AND
amendment. EQUALITY after “love.”
THE PRESIDING OFFICER (Mr. Rodrigo). Commis- THE PRESIDING OFFICER (Mr. Rodrigo). What
sioner Concepcion is recognized. does the proponent say? I think we should take this
one by one.
MR. CONCEPCION. The amendment to the amend-
ment refers to the last part of the proposed Preamble,
and it reads: “and secure to ourselves and our posterity
the blessings of democracy under the rule of law and a (Mr. Rodrigo). Would
regime of truth, justice, freedom (or liberty), and peace Commissioner Maambong like to comment on the pro-
do ordain and promulgate this Constitution.” posed amendment to insert the word LOVE ?
‘
MR. PADILLA. I accept the amendment.

MR. MAAMBONG. Mr. Presiding Officer, I think that
a minor
very happy to matter should be taken up first. Mine is only
MR. TINGSON. The Committee is
point of clarification, so it can wait.
accept that amendment.
THE PRESIDING OFFICER (Mr. Rodrigo). Is there THE PRESIDING OFFICER (Mr. Rodrigo). So, the
any objection to the amendment? (Silence) The Chair proposed amendment is to insert the
word
hears none; the amendment, as amended, is approved. between “freedom” and “peace.
MR. TINGSON. Mr. Presiding Officer, may the Com-
mittee be allowed to read the entire Preamble, as the word EQUALITY? I
MR. GASCON. How about
amended.
wonder if the proponent would accept
my amen men
BISHOP BACANI. right now.
Mr. Presiding Officer, could I still
propose a short amendment? (Mr. Rodrigo). We will

take that up later.
sioner Bacani is recognized.
BISHOP BACANI. Yes.
BISHOP BACANI. would like to insert the willing to

think the proponent
I still is
MR. GASCON. I
word LOVE before “peace” to make our Constitution, EQUALITY.
accept the addition of
as Commissioner Romulo said, unique and to express
our own experience in the Philippines. read “freedom,
EQUAL
BISHOP BACANI. It should
ITY, LOVE, and peace.”
amendment to the amendment proposed by Commis- Rodrigo). Is the
sioner Concepcion has been approved. Now, between
THE PRESIDING OFFICER (Mr.
Chamber ready to vote?

what words does Commissioner Bacani want to insert
his amendment?
R. BENGZON. Mr. Presiding Officer,
after^th^
we take the amendments one
BISHOP BACANI. Just prior to the word “peace” to
LOVE, e some people may want “FOUAL-
such that the phrase should read: “freedom, feel that the
wor
VE” but others may
and peace.” the concept of J«stice^
’’
is already embodied in
ear ler^
that was one of my questions
MR. OPLE. Mr. Presiding Officer, I would like to isely,
the origin d^^
support the proposed amendment, looking to the dis- word “equality” eliminated in
tinction of this Constitution as probably the first in the it was explained to
me by equal-
embodies the concept q
world that will embody the principle of love which, I 1 “justice” already
think, translates into the fraternity, the brotherhood of that is why I kept quiet.
lê
all men, but especially those who are united into a single Lit Commissioner Gascon would
if
we could brea
nation. imendment after that explanation,
Thank you. amendment.
138 WEDNESDAY, UNE 11,1986J
THE PRESIDING OFFICER (Mr. Rodrigo). The law. It can be a political equality in the sense that the
Chair would like to ask Commissioners Gascon and richest and the poorest may cast only one vote each.
Bacani.
It can, however, go beyond that according to the
evolution of humane society — to comprehend newer
MR. GASCON. would agree with Commissioner
I
forms of equality, especially in the economic or social
Bengzon if, for purposes of facilitating, he would wish
sense.
to decide on each word one by one. That is all right
with me. And, therefore, I share Commissioner Azcima’s
concern that because this already appears in the
THE PRESIDING OFFICER (Mr. Rodrigo). First, on Preamble of the 1973 Constitution, it should stay. Com-
the insertion of the word “LOVE.” missioner Bernas, on one occasion, told us that the
Is there any objection? (Silence) The Chair hears Preamble of the 1973 Constitution, in some respects,
improves upon the Preamble of the 1935 Constitution
precisely because of the introduction of the word
On the proposed amendment to insert the word equality.” It is no longer a revolutionary idea. I think,
EQUALITY? by and large, all of mankind, including those debaters in
the United Nations, have accepted equality as an or-
MR. GASCON. Yes, between “love” and “peace.”
thodoxy in our own time. It used to be radical and
revolutionary; but it is already an orthodox principle in
MR. ROMULO. Mr. Presiding Officer, I think the
the community of nations.
term “equality” is included in Commissioner Sarmien-
to’s concept of a humane society. We cannot have a And so, I feel that the Preamble of the 1986 Consti-
humane society if it does not adhere to the principles tution certainly cannot be seen as
having reduced the
of equality. rights to equality already earned
by our people in the
1973 Constitution. And it is in that sense that I wish to
MR. PADILLA. Mr. Presiding Officer. support the proposed amendment
of Commissioner
Gascon to the word “EQUALITY”
to be added to a
THE PRESIDING OFFICER (Mr. Rodrigo). The string of similarly noble words in this concluding clause
Vice-President is recognized. of the Preamble of the Constitution.
MR. PADILLA. In addition to that,

Thank you.
I was changing
the word “equality” to EQUITY, but the Committee
said that EQUITY is also included in “law and justice”; MR. BROCKA. May I be recognized?
so I did not insist on that anymore.
THE PRESIDING OFFICER (Mr. Rodrigo). Yes,

THE PRESIDING OFFICER (Mr. Rodrigo). So, is the Commissioner Broeka.
body ready to vote?
MR. BROCKA. This has nothing to do with the con-

MR. AZCUNA. Just one last word, Mr. Presiding Of-
cept. I just want to make
a comment on the structure
ficer, I do agree that the word “justice” implies
equal- that is coming out now. As
ity. However, I am afraid that taking out “equality”
Commissioner Ople said, it is
a ‘
string of noble words.”
where it was already 1973 Constitution might be
in the
So, if we read the amendments amendments to
construed as a trend towards inequality in our society. to the
the amendments, the clause
After all, although it is redundant, emblazoned on the will be: “a regime of truth,
justice, freedom, love, peace and EQUALITY.” H
US Supreme Court building are words “Equal
the
sounds as though we are trying
Justiceunder Law.” It is a redundancy, but we want to to put all the noble
words there. And in the words of
emphasize equality. Commissioner Ople, it
does look like “a string of noble
words.”
MR. OPLE. Mr. Presiding Officer.
MR. TINGSON. Mr. Presiding Officer.
sioner Ople is recognized. THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
MR. OPLE. I am unable to accept that “equality” is
redundant when it is added to other noble principles MR. TINGSON. The Committee would be glad to
like justice and freedom. I think there is a general accept the addition of the word “EQUALITY.”
hesitation to commit to the principle of equality which
has its historical meaning
developed through the
fully MR. GASCON. I thank Commissioner Tingson.
centuries of human struggle for equality. It can merely
be a civil equality so that all men are equal before the MR. MAAMBONG. Mr. Presiding Officer.
WEDNESDAY, JUNE n, 1986 139
THE PRESIDING OFFICER (Mr. Rodrigo). Yes, MR. TINGSON. Gladly so, Mr. Presiding Officer.
Commissioner Maambong is recognized. After two days of delibeiations by this Committee and
the active participation of the Members of this august
MR. MAAMBONG. As I stated earlier, this is just a body, the following is the proposed Preamble to our
very minor point of There was an ap-
clarification. Charter:
proved amendment introduced by Commissioner
We, the sovereign Filipino people, imploring the aid of
Sarmiento. I did not get it very well, but was there a
ALMIGHTY GOD, TO BUILD A JUST AND HUMANE
comma after the words “humane society”?
SOCIETY AND to Government that shall
establish a
MR. SARMIENTO. There no comma, but a con-

embody our ideals AND ASPIRATIONS,
promote the
is
COMMON GOOD, conserve and DEVELOP our patrimony
junction “and” followed by “establish a Government...”
and secure to ourselves and our posterity tire blessings of
democracy under THE RULE OF LAW and a regime of
MR. MAAMBONG. So, it would read: “to build a just
and humane society.” TRUTH, justice, freedom, LOVE, EQUALITY and peace
do HEREBY ordain and promulgate this Constitution.
Thank you, that clarifies everything. (Applause)
THE PRESIDING OFFICER (Mr. Rodrigo). The MR. RAMA. Mr. Presiding Officer.
Committee has accepted the amendment to insert the
word “EQUALITY.” THE PRESIDING OFFICER (Mr. Rodrigo). The
MR. TINGSON. Yes, Mr. Presiding Officer.
move we close the period of
MR. RAMA. I that
THE PRESIDING OFFICER (Mr. Rodrigo). Is there amendments.
(Mr. Rodrigo). Is there
proposed amendment is approved. THE PRESIDING OFFICER
(Silence) The Chair hears none; the
any objection?
MR. TINGSON. Mr. Presiding Officer, it seems to me period of amendments is closed.
that the Preamble, as amended, is now ready to be read.
NO. 72
approval of PROPOSED RESOLUTION
MR. DAVIDE. One final amendment, Mr. Presiding ON SECOND READING
Officer. Constitution)
(Adopting a Preamble to the
THE PRESIDING OFFICER (Mr. Rodrigo). Yes,

Mr. Presiding Officer,
I
Commissioner Davide. MR. TINGSON.

on Second Reading.
e approve the proposed Preamble
MR. DAVIDE. In view of the deletion of the words
(Mr. R°drigo)_ There
is
“in order,” propose that we insert the word HEREBY
I THE PRESIDING OFFICER o.
Resolution
before “ordain” to make it really very emphatic. move to approve Proposed
roposed Preamble, as amended.
MR. TINGSON. We already eliminated the words their hand. (Several Mem-
Those in favor, please raise
“in order.”
^rs raised their hand.)
MR. DAVIDE. Precisely, because of the elimination hand. (Two Members
Those against, please raise
of those words, I would like to insert HEREBY before ised their hand.)
“ordain” to make it more emphatic, so that it reads: and 2 against.
The results show 27 votes in favor
“do HEREBY ordain and promulgate this Constitution.”
Proposed Resolution No. 72
THE PRESIDING OFFICER (Mr. Rodrigo). What approved on econ
-eamble, as amended, is
does the Committee say? ipplause)
MR. TINGSON. We accept the amendment. MR. RAMA. Mr. Presiding Officer
urn, there is a suggestion to be
made by ^
.jQ,.,igs
ascon regarding the Independence
ay
any objection to the proposed amendment to insert
between the words “do” and “ordain” the word
“HEREBY”? The Chair none; the Commis-
(Silence) hears
amendment is approved. sioner Gascon is recognized.
If there are no more amendments, may I request the
Committee Chairman to read now the whole proposed MR. GASCON. I believe that everyone
Independence ay oi
Preamble, as amended. mission knows that tomorrow is
which we have all received invitations to three different MR. BENGZON. That will include our spouses, be-
would like to inquire as to what the idea of
activities. I cause our ticket says “Mr. and Mrs.”
the body is regarding the participation of the Commis-
sion as a group in the three activities, namely: the flag-
MR. GASCON. I think that will be difficult. Maybe,
raising ceremony at the Luneta Grandstand at seven
they may go ahead and we will just join them at the
o’clock in the morning, the Vin d’Honor at 10:00 a.m.
grandstand.
at Malacahang, and the one o’clock celebration also at
the Luneta Grandstand.
THE PRESIDING OFFICER (Mr. Rodrigo). How
THE PRESIDING OFFICER (Mr. Rodrigo). The about this Vin d’Honor?
MR. BENGZON. The Vin d’Honor is at ten o’clock
MR. RAMA. Commissioner Garcia suggests that we in Malacanang. I do not know if we can group together
should group together as one body so that our pre-
because it is very hard to move in. There we have our
sence will be seen and felt by the people, since the
gate passes, and we have to pass through so much
Commission is quite an important office.
security. We can just meet at the hall itself.
THE PRESIDING OFFICER (Mr. Rodrigo). Where

do we congregate? MR. MONSOD. Mr. Presiding Officer, with all due
respect to the desires of some of the Commissioners to
MR. RAMA. We can group during the flag-raising go together and move as a unit, I would like to suggest
ceremony at the Luneta. We have to go together and that perhaps those who wish to go can go their own
stick together. way. There are some of us who may not want to go to
the Vin d’Honor. There are some of us who will be
THE PRESIDING OFFICER (Mr. Rodrigo). But we
marching with our own groups in the parade. I appre-
do not go there together. We just congregate. When we
ciate the sentiment here, but we have other com-
are there, we should form one group.
mitments and perhaps we have other preferences.
MR. GASCON. Mr. Presiding Officer, the flag raising
is at seven thirty, so can we meet by seven o’clock at the THE PRESIDING OFFICER (Mr. Rodrigo). So,
Rizal Monument or in front of the Army and Navy kanya-kanyang lakad.
Club?
MR. BENGZON. Mr. Presiding Officer, in our invita- ADJOURNMENT OF SESSION

tions, there is which says that everybody
a small card
should be at the Luneta at seven. So if we want to meet
MR. RAMA. Mr. Presiding Officer, I movefor the
adjournment of the session until Friday at nine o’clock
at the Army and Navy Club, it has to be earlier. Why do
in the morning.
we not meet at the Luneta at seven, so we do not have
to transport ourselves from one place to the other?
MR. GASCON. With regard to the one o’clock any objection? (Silence) The Chair hears none; the
ceremony, the proposal is that we meet at Manila Hotel session is adjourned until Friday at nine o’clock in the
prior to one o’clock and then march with other groups morning.
to the grandstand. It was 6:55 p.m.
R.C.C. NO. 9
OPENING OF SESSION Bennagen . . . ., . Present Ople . . Present

Bemas , . Present Padilla . . Present
the President, the Honorable Cecilia Rosario Braid Present Quesada Present
.At 9:30 a.m., . . , . . . . . .. .
Munoz Palma, opened the session. Brocka . Present Rama . . Present

Calderon . Present Regalado . . Present
Castro de Present Reyes de los Present
THE PRESIDENT. The session is called to order. . . . . . . ., .
Colayco . Present Rigos , . Present

Concepcion . Present Rodrigo . . . . . . Present
NATIONAL ANTHEM
. . .
Davide . Present Romulo . Present

Foz Present Rosales Absent
THE PRESIDENT. Everybody will please rise to sing .
.
Present
Garcia Present Sarmiento
the National Anthem.
. . . . .
.
Gascon . Present* Suarez . Present

Everybody rose to sing the National Anthem. Present
Guingona . . . . . Present Sumulong . . . . .
Absent Tadeo Present*

Jamir .
.
THE PRESIDENT. Everybody will please remain T aiirpl Present Tan . I*resent
Tingson Present
standing for the Prayer to be led by the Honorable Present .
Lerum . .
. . . . , .
Treflas Present
Lino O. Brocka. Present* .
Maambong . . . , .
Present Uka . Present*

Monsod , .
Everybody remained standing for the Prayer. Natividad . . . , . Present* Villacorta . . . .. . Present
Villegas . Present
Nieva , . Present .
Nolledo .... Present

PRAYER . .

MR. BROCKA. Panginoon, Ikaw ang nagsabing: the call.
The roll call shows 37 Members responded to
“Ano man ang gawin ninyo para sa pinakaaba sa Aking
mga kapatid ay ginagawa ninyo para sa Akin.” of
Ituro Mo amin ang tamang landas upang
po sa
a quorum.
matulungan ang pinakaaba sa lyong mga kapatid dito sa
aming bayan. Kay tagal nilang nagdusa sa ilalim ng isang
diktadura; kay tagal nilang tiniis ang tanikala ng
pang-aapi at pagsasamantala. recognized.
THE PRESIDENT. The Floor Leader is
Panginoon, bigyan Mo po kami ng ugat upang hindi
kami malayo sa tunay na kalagayan ng sambayanang APPROVAL OF JOURNAL
Pilipino. Higit sa lahat, bigyan Mo po Kami ng bagwis
reading of
upang matapos namin sa lalong madaling panahon ang MR. RAMA. to dispense with the I move
approve the same.
tungkuling iniatas sa amin - ang tungkuling bigyang the Journal of the last session and to
lunas ang paghihirap ng aming sambayanan di lamang sa
langit kundi lalo’t higit dito sa lupa. Siya nawa.
hears none; the motion is approved.
The Chair
ROLL CALL MR. RAMA. Madam President.
THE PRESIDENT. The Floor Leader recognized.

Secretary-General will call
THE PRESIDENT. The is
the roll.
MR. RAMA. I move that we proceed to the Ref-

THE SECRETARY-GENERAL, reading: erence of Business.
Abubakar Present* Azcuna Present**
Alonto Absent Bacani Absent THE PRESIDENT. Is there any objection? (Silence)
Bengzon Present The Chair hears none; the motion is approved.
Aquino Present
’Âppeared after the roll call

The Secretary-General will read the Reference of Proposed Resolution No. 96, entitled:
Business.
TUTION A PROVISION WHICH SEEKS TO HASTEN
REFERENCE OF BUSINESS THE INTEGRATION OF THE CULTURAL COMMUNI-
TIES OF THE COUNTRY.
Resolutions on First Reading and Communications, the Introduced by Hon. Davide, Jr.
President making the corresponding references: To the Committee on General Provisions.
Proposed Resolution No. 92, entitled; RESOLUTION TO ADD A NINTH RAY TO THE SUN OF
THE PHILIPPINE NATIONAL FLAG.
TUTION A PROVISION WHICH PROHIBITS CONGRESS Introduced by Hon. Rigos.
TO DEFINE, PRESCRIBE AND APPORTION THE JURIS- To the Committee on General Provisions.
DICTION OF INFERIOR COURTS WITHOUT THE
PRIOR RECOMMENDATION OF THE SUPREME Proposed Resolution No. 98, entitled;
COURT.
TUTION A PROVISION LIMITING THE SUSPENSION
To the Committee on the Legislative. OF THE WRIT OF HABEAS CORPUS BY THE PRESI-
DENT TO THIRTY (30) DAYS ONLY.
Proposed Resolution No. 93, entitled: Introduced by Hon. Bengzon, Jr.
RESOLUTION PROPOSING TO LIMIT THE AREA OF To the Committee on Citizenship, Bill of Rights,
PRIVATE AGRICULTURAL LAND THAT MAY BE Political Rightsand Obligations and
ACQUIRED BY NATURALIZED FILIPINO CITIZENS
Human Rights.’
AND PROVIDING FOR THE ESCHEAT OF ANY HELD

IN EXCESS OF THE LIMITATION.
Introduced by Hon. Davide,

Jr.
TUTION THE ENTIRE ARTICLE VI OF THE 1973
To the Committee on Social Justice and Social CONSTITUTION.
Services.

Political Rightsand Obligations and Human Rights’
TUTION A PROVISION PROVIDING COMPENSATION Proposed Resolution No. 100, entitled;
FOR LOSS OF TIME AND INCOME TO AN ACCUSED
RESOLUTION URGING THE CONSTITUTIONAL COM-
WHO IS DETAINED DURING THE PENDENCY OF A
MISSION TO LOOK INTO THE ISSUES AFFECTING
CASE EITHER BECAUSE OF THE UNBAILABILITY OF
THE URBAN POOR.
THE OFFENSE CHARGED OR FOR FAILURE TO PUT
UP BAIL BY REASON OF POVERTY BUT IS ACQUIT- Introduced by Hon. Gascon and Garcia.
TED AFTER TRIAL OR RELEASED BY THE DIS- To the Committee on Social Justice and Social
MISSAL OF THE CASE FOR CAUSES NOT ATTRIBUT- Services.
ABI£ TO HIM.
Introduced by Hon. Davide, Jr. COMMUNICATIONS
Letter from Mr. Amado
S. Tolentino, Jr. of the National
Environmental Protection Council attaching a draft
resolution proposing a constitutional provision on
environmental protection.
TUTION A PROVISION EXPANDING THE SCOPE OF
1986)
THE PROHIBITION ON DOUBLE COMPENSATION
SUCH AS ALLOWANCES, PER DIEMS AND REP- To the Committee on the National Economy and
RESENTATION EXPENSES AS WELL AS COMPENSA- Patrimony.
TION FOR ANOTHER BUT COMPATIBLE OFFICE.
Communication from Mr. Nicolas Balioza of Tagum,
Davao del Norte, proposing a federal presidential form
To the Committee on General Provisions. of government.
(Communication No. 9 — Constitutional Commission of MR. RAMA. Madam President.

1986)
To the Committee on Preamble, National Territory, and THE PRESIDENT. The Floor Leader is recognized.
Declaration of Principles.
MR. RAMA. I move for the adjournment of the
Letter from Mr. Augusto A. Abadesco of 4012-E Dangal Monday at three o’clock in the afternoon
session until
St., Sta. Mesa, Manila, proposing the incorporation in
so that we can take up the agenda prepared by the ad
the constitution of provisions on government service, hoc Planning Committee on Public Hearings. Part of the
expenditures and enterprises; election of government agenda is the approval of the proposed major issues to
officials; the armed forces; socio-economic democratiza-
be taken up in the public hearings, the approval of the
tion, and land reform.
proposed program of public hearings, the approval of
(Communication No. 10 — Constitutional Commission the proposed sites for public hearings, and the submis-
of 1986) sion of preferences by individual Members regarding
To the Steering Committee. these public hearings, and other matters which should
be taken up in the South Caucus Room immediately
Communication from Mr. Conrado A. Estuart, City after our adjournment.
Secretary of Davao City, transmitting the proposals of

Mr. Jose T. Rafael of Mandaue City on electoral THE PRESIDENT. Does the Chair understand that
this Proposed Resolution No. 72 is being postponed
reforms. to
(Communication No. 1 1 — Constitutional Commission some other date?

of 1986)
To the Committee on Constitutional Commissions and MR. RAMA. Yes, Madam President, because under
Agencies. the Rules there has to be a one-day notice after dis-
tribution of this resolution before it is taken
up on
postpone and defer
MR. RAMA. Madam President. Third Reading. So we will have to
resolution proposing to adopt
the Third Reading of said
the Preamble of the Constitution.
SUSPENSION OF SESSION ADJOURNMENT OF SESSION

MR. RAMA. I ask for a suspension of session.
THE PRESIDENT. Is there anyobjection to the
Proposed Resolu-
motion to postpone on Third Reading
tion No 72? (Silence) The Chair
hears none; the
It was 9:40 a.m. motion is approved.

The motion to adjourn until
Monday at three o clock
RESUMPTION OF SESSION approved in order that the body
in the afternoon is also
and a caucus on public
At 9:47 a.m., the session was resumed. can assemble for a workshop
hearings and other issues.
THE PRESIDENT. The session is resumed. It was 9:49 a.m.

i
R.C.C. NO. 10
OPENING OF SESSION to our people. Grant us the courage to espouse our

beliefs with all the logic that talent can muster.
At 3:18 p.m., the President, the Honorable Cecilia But, Almighty God, grant us also the grace to accept
Munoz Palma, opened the session. that some of our proposals may not be acceptable to all;
that the greater good of the greater number of people
may require the adoption of proposals other than our
own, however well-intentioned, well-meaning and sin-
NATIONAL ANTHEM cere these unchosen proposed alternatives may be.
THE PRESIDENT. Everybody will please rise to sing Bless, Lord, each and every Member of this Consti-
0
Bless President
the National Anthem. jtional Commission. Bless our officers.
for the
iquino, whom You made Your
instrument
Everybody rose to sing the National Anthem. bonds of
beration of the Filipino people from
the
Filipino peop e
granny; who, in turn, in behalf of the
THE PRESIDENT. Everybody will please remain Commission m order that
as called this Constitutional
standing for the Prayer to be led by the Honorable again enshrine the nationa
he Filipino nation may once
Jose D. Calderon. safeguard their freedoms
urpose in a Charter that will
Everybody remained standing for the Prayer. nd their future.
o
us today. Almighty
.
Bless us, join us, be with

PRAYER
MR. CALDERON. Almighty God: On this, the tenth
day of the deliberations of this Constitutional Commis- ROLL CALL
sion, we beseech You once again to guide our minds and Secretary-General will
please
our hearts, so that the thoughts and the feelings that
THE PRESIDENT. The
call the roll.
emanate from each of us will be most sincere and noble,
and reflect not only our individual personal will but the
will as well of the Filipino people, in whose behalf we
THE SECRETARY-GENERAL, reading:
Present*
Lerum
seek to fashion a fundamental law that will embody our Abubakar . . . . . Present
Present
Present Maambong
collective ideals and aspirations. Alonto .
Present
Present Monsod
Almighty God, open our eyes and Aquino .
Present
Enlighten us. Natividad
Azeuna Present
minds so that we may see and understand, if it is not
.
Nieva Present
Bacani Present
possible to appreciate and accept, those ideas and pro-
.
NoUedo Present
Bengzon Present
posals that may differ from our own. Let the light of
.
Ople Present
Bennagen Present
reason shine on our discussions and debates, so that we
. . . . .
Padilla Present
Bernas Present
may exchange ideas, thoughts and arguments without
.
Quesada Present
Rosario Braid Present
heat and without passion but only with clarity and
. . .
Rama Present
Brocka .
Present
sincerity. Regalado Present
Calderon . Present
Teach each of us, O Lord, that we are here for a Castro de . . . . . Present Reyes de los . . . Present
Present
Good, higher than our own personal beliefs; that we are Colayco . Present Rigos
here for a Purpose, higher than our personal ambitions, Rodrigo Present
Concepcion . . . . Present
that we are here for an End, higher than our personal Present Romulo Present
Davide .
destinies because, we are all here for a Good, a Purpose Present Rosales Present
Foz .
and an End that encompass the collective beliefs, the. Garcia . Present Sarmiento Present
collective ambitions and the collective destinies of the Present Suarez Present*
Gascon .
Filipino people. Sumulong Present

Guingona . . . . . Present
Tadeo Present
Grant us, 0
Lord, the wisdom to select from alterna- Janiir . Present
Tan Present
tive proposals those that will be right for and acceptable Laurel , . Present
* Appeared after the roll call

Tingson Present Villacorta Present STATE TO PROVIDE FREE AND COMPULSORY

Trenas Present Villegas Present PRIMARY, INTERMEDIATE AND HIGH SCHOOL
Uka Present EDUCATION AND TO ESTABLISH IN EVERY BARRIO
OR AGGRUPATION OF BARRIOS WITH A POPULA-
TION OF AT LEAST THREE THOUSAND A COMPLETE
The roll call shows 46 Members responded to the call. ELEMENTARY SCHOOL AND A HIGH SCHOOL.
a quorum. To the Committee on Human Resources.

THE PRESIDENT. The Floor Leader is recognized. TUTION A PROVISION THAT NO TEMPORARY DE-
TENTION SHALL BE ALLOWED IN CASES WHERE
APPROVAL OF JOURNAL THE OFFENSE CHARGED DOES NOT CARRY WITH IT
THE PENALTY OF IMPRISONMENT.
ing of the Journal of the last session and that we ap-
prove the same. To the Committee on Citizenship, Bill of Rights,
RESOLUTION TO ENCOURAGE PARENTS TO SEND
MR. RAMA. Madam President, I move that we THEIR CHILDREN TO SCHOOL AND THE ESTABLISH-
proceed to the Reference of Business. MENT OF PRIVATE SCHOLARSHIP GRANTS TO POOR
BUT DESERVING STUDENTS BY ALLOWING AS DE-
THE PRESIDENT. Is there any objection? (Silence) DUCTIBLE EXPENSES FOR INCOME TAX PURPOSES
The Chair hears none; the motion is approved. ALL EXPENSES INCURRED FOR EDUCATION OR
The Secretary-General GIVEN AS SCHOLARSHIP GRANTS.
Business. Introduced by Hon. Davide, Jr.
To the Committee on Human Resources.

REFERENCE OF BUSINESS
Resolutions on First Reading, Communications and RESOLUTION PROVIDING THAT IN THE EVENT THAT A
Committee Report, the President making the cor- PORTION OF THE PHILIPPINE TERRITORY FALLS
responding references: UNDER THE MILITARY OCCUPATION OF ANOTHER
STATE, SAID TERRITORY IS NOT CONSIDERED
PROPOSED RESOLUTIONS ON FIRST READING WITHDRAWN FROM THE JURISDICTION OF THE
CONSTITUTION AND DOMESTIC LAWS OF THE
PHILIPPINES DURING THE OCCUPATION AND
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- NEITHER IS ITS SOVEREIGNTY OVER IT SUSPENDED.
TUTION A POLICY GOVERNING THE DETERMINA- Introduced by Hon. Davide, Jr.
TION OF JUST COMPENSATION IN THE EXPROPRIA-
TION OF PRIVATE PROPERTY WHEN IT IS DONE BY
THE GOVERNMENT AND WHEN IT IS DONE BY
AUTHORIZED CORPORATIONS, FIRM OR ASSOCIA-
TIONS AND TO PROVIDE THAT IF IN THE LATTER
CASE A WRIT OF POSSESSION IS SECURED, RENTALS, RESOLUTION URGING THE COMMISSION TO ADD AN
EXCLUSIVE OF THE COMPENSATION, SHALL BE ARTICLE TO THE PROPOSED CONSTITUTION TO BE
PAID UP TO THE TIME THE CASE IS SUBMITTED FOR ENTITLED “HUMAN RESOURCES.”
DECISION. Introduced by Hon. Guingona.
Introduced by Hon. Davide, Jr. To the Committee on Human Resources.
Political Rights and Obligations and Human Rights. Proposed Resolution No. 107, entitled:
RESOLUTION TO PROVIDE THAT IN A STATE OF MAR-
Proposed Resolution No. 102, entitled: TIAL LAW, THE CIVILIAN AUTHORITY SHALL CON-
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- TINUE TO BE SUPREME OVER THE MILITARY, THE
TUTION A PROVISION MAKING IT A POLICY OF THE BASIC RIGHTS OF THE PEOPLE SHALL REMAIN IN-
VIOLABLE, AND THE CIVILIAN COURTS SHALL CON- Proposed Resolution No. 1 12, entitled:
TINUE TO FUNCTION AND EXERCISE THEIR JURIS- RESOLUTION REMOVING FROM THE SUPREME COURT
DICTION. ADMINISTRATIVE SUPERVISION OVER ALL COURTS
Introduced by Hon. Foz. AND PERSONNEL THEREOF AND VESTING THE
SAME IN A JUDICIAL COMMISSION AND FOR OTHER
To the Committee on the Executive.
PURPOSES.
RESOLUTION PROVIDING THAT NO ELECTIVE OFFI-
CIAL SHALL BE ELIGIBLE FOR APPOINTMENT TO Proposed Resolution No. 113, entitled:
ANY OFFICE OR POSITION DURING HIS TERM OF RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
OFFICE, AND THAT NO CANDIDATE WHO HAS LOST
TUTION A PROVISION ACCORDING TO FILIPINO
IN AN ELECTION SHALL, WITHIN TWO YEARS FOD
CITIZENS THE RIGHT TO STANDARDS OF LIVING
LOWING SUCH ELECTION, BE APPOINTED OR REAP-
NECESSARY TO MAINTAIN THEIR WELL-BEING; AND
POINTED TO ANY OFFICE IN THE GOVERNMENT,
THE PROVISION BY THE STATE OF ESSENTIAL
OR IN ANY GOVERNMENT-OWNED OR CONTROLLED SERVICES PERTINENT THERETO.
CORPORATION, OR IN ANY OF ITS SUBSIDIARIES.
Introduced by Hon. Quesada and Bennagen.
Services.
and Agencies.
Proposed Resolution No. 109, entitled: RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
RESOLUTION TO PROVIDE FOR INITIATIVE AND TUTION A PROVISION OF THE EDUCATIONAL AIMS
REFERENDUM TO THE NEW CONSTITUTION. OF EDUCATIONAL INSTHUTIONS IN THE PHILIP-
PINES WHICH SHALL INCLUDE, AMONG
OTHERS,
Introduced by Hon. Romulo, Monsod, Nieva, Beng-
THE DEVELOPMENT OF HEALTH CONSCIOUSNESS
and the broad perspectives of a LIBERAL
zon, Jr. and Bernas.
To the Committee on the Legislative. EDUCATION.
Introduced by Hon. Quesada.
Proposed Resolution No. 1 10, entitled: To the Committee on Human Resources.
RESOLUTION AMENDING SECTION 1 (1) AND (2), ARTI-

COMMUNICATIONS
CLE XII (C) OF THE 1973 CONSTITUTION BY RE-
DUCING THE NUMBER OF MEMBERS OF THE COM- Letter from the Honorable
Christian S. Monsod as
MISSION ON ELECTIONS FROM NINE TO SEVEN, AND National Chairman of the National Movement for Free
PROVIDING THAT AT THE TIME OF THEIR APPOINT- Elections, informing the
Constitutional Commission
MENT THEY SHALL BE AT LEAST FORTY YEARS OT that Namfrel would like to
participate in the constitu-
AGE AND A MAJORITY OF THE MEMBERS, INCLW- tion-making process and has designated
Atty. Edgardo J.
ING THE CHAIRMAN, SHALL BE MEMBERS OF

TIffi
Hernandez to act in
OF Angara and Atty. Eduardo F.
PHILIPPINE BAR WITH AT LEAST TEN YEARS Executive Council has
COM- Namfrel’s behalf, and that its
PRACTICE AND THAT IN CASE AN INCUMBENT mobilize its chapters nation-
approved a resolution to
MISSIONER IS APPOINTED CHAIRMAN, HIS AGGRE- wide for the public hearings of the Commission.
GATE TENURE SHALL NOT EXCEED SEVEN YEARS. - Constitutional Commission
(Communication No. 12
Introduced by Hon. Foz and Monsod.
of 1986)
To the Committee on Constitutional Commissions To the Ad Hoc Planning Committee on Public Hearings.
and Agencies.
a Filipino
Communication from the Movement f(^
Sammy C. Occena of
Federal Republic signed by Mr.
other members
Proposed Resolution No. Ill, entitled: Tionko Avenue, Davao City and 186
RESOLUTION SUBMITTING TO THE PEOPLE IN A PLEBI- proposing a federal republic.
SCITE THE QUESTION ON WHETHER TO HOLD

AN Commission
(Communication No. 13 - Constitutional
ELECTION FOR PRESIDENT AND VICE-PRESIDENT
of 1986)
WITHIN A FIXED PERIOD AFTER THE RATIFICATION Territory, and
OF THE NEW CONSTITUTION.
Angeles City, pro-
Committee on Amendments and Transitory Letter from Mr. Jorge C. Salonga of
To the of the definition of
Provisions.
posing the following: preservation
the territory of the Philippines as found in the 1935 When we eliminate the word “to,” we will have
Constitution; declaring command responsibility in the exactly 72 words. Also, having talked to our colleagues
exercise of government functions as a national policy; here in the Constitutional Commission, there is a una-
and that of the Supreme Court and the
decisions nimous feeling that there is a favorable reaction from
generally accepted principles of international law shall the public with regard to our approved Preamble. One
not form part of the law of the land. reason, perhaps, is the use of the phrase “Almighty
(Communication No. 14 — Constitutional Commission God” since our countrymen are incurably religious. And
of 1986) so, we have expressed ourselves along that line.
To the Committee on Preamble, National Territory, and Also, Madam President, the word “love” in this
Declaration of Principles. Preamble has also met a very favorable reaction. If I
may be allowed to say so, as somebody said:
Letter from the Council for the Welfare of Children “A bell isnot a bell until it is rung.
signed by Dr. Fe del Mundo and Judge Regina G. A song isnot a song until it is sung;
Ordonez-Benitez, transmitting proposals on principles Love is not placed in our hearts to stay
and policies protecting children and youth. Love is never love until it is shared and given away.”
(Communication No. 15 — Constitutional Commission That is what we desire to do in this new Constitution
of 1986) through this Preamble. So, Madam President, our Com-
To the Committee on Preamble, National Territory, and mittee is very happy about all of these, especially the
Declaration of Principles. approval of our Preamble.
Thank you.
COMMITTEE REPORT
THE PRESIDENT. Let us go back to Commissioner
Committee Report on Proposed Resolution
No. 2 Tingson’s original statement about the correction of the
No. 123, prepared by the Committee on the National printed copy, the deletion of the word “to.” Is this just
Economy and Patrimony, entitled: a typographical error?
RESOLUTION PROPOSING TO INCORPORATE CERTAIN
PROVISIONS OF ARTICLE XIV OF THE 1973 CONSTI- MR. TINGSON. We maintain that that is a mere typo-
TUTION ON NATIONAL ECONOMY AND PATRIMONY graphical errror. We checked the record of the proceed-
OF THE NATION IN THE 1986 CONSTITUTION, ings of that particular day with the
Secretariat and there
was no word “to” before “establish.”
recommending that the same be approved, pending
further consideration of other proposed resolutions on
the other provisions of Article XIV of the 1973 Consti- THE PRESIDENT. Is Commissioner Tingson deleting
tution. on line 3 the word “to” before “establish” since it is a
mere typographical error?
Sponsored by Hon. Villegas.
MR. TINGSON . Yes, Madam President.

THE PRESIDENT. We will put this to a vote since no
further amendments should be made on Third Reading.
Is there any objection to the motion of Commissioner
Tingson to delete on line 3 the word “to” before the
MR. RAMA. I ask that Commissioner Tingson be
word “establish” on the ground that it is a typographic-
recognized tomake a minor correction on the proposed
al error?
Preamble which will be ready for Third Reading.

MR. CONCEPCION. Madam President.
nized.
THE PRESIDENT. Commissioner Concepcion is
MR. TINGSON. Madam President, before we go recognized.

through the process of approving our Preamble on Third
Reading, may I, on behalf of the Committee, point out MR. CONCEPCION. I was wondering whether this
the fact that on the third line, the word “to” should not body could reconsider the approval of the Preamble on
be included. The Preamble should, therefore, read in Second Reading to enable the Committee to make the
part: “We, the sovereign Filipino people, imploring the change it proposes and also to consider one other pur-
aid ofAlmighty God to build a just and humane society pose which I will explain, if I am permitted now or after
and establish a government that shall embody our ideals the body has reconsidered the approval of the Preamble
and aspirations.” on Second Reading.
SUSPENSION OF SESSION THE PRESIDENT. It is the understanding of the

Chair.
It was 3:40 p.m. MR. BROCKA. Madam President.
THE PRESIDENT. Commissioner Brocka is recog-

RESUMPTION OF SESSION nized.
At 3:51 p.m., the session was resumed. MR. BROCKA. I do not know if this is the right par-
liamentary procedure, but want to I just make a com-
THE PRESIDENT. The session is resumed. ment on what Commissioner Tingson has said earlier
The Floor Leader is recognized. about Resolution No. 72.
Commis- THE PRESIDENT. Commissioner Brocka may pro-

MR. RAMA. Madam President, I ask that
sioner Concepcion be recognized. ceed.
MR. BROCKA. We have discussed this proposed

THE PRESIDENT. Commissioner Concepcion is
Preamble for the last two days. And I think some
of us
recognized. discussions that went on,
have been traumatized by the
Almighty
wondering what words to use, whether
it is
MR. CONCEPCION. Thank you.
God” or “Divine Providence.” We went
on for two days
Madam President, I withdraw my motion. uncomfortable with the result.
and I personally felt very
I iust want to
put on record my feelings about this pro-
THE PRESIDENT. The motion withdrawn. because we have gone
is
posed resolution. Precisely
experience of a peaceful revolu-
So, the Chair with the original motion of Com-
is left through the very unique
have come up with something
missioner Tingson to delete the word “to” before “esta- tinn I felt that we should
the proposed Preamble is just
blish.” Lre original. I felt that
of a word or two and is
there any objection that the word “to” be de-
Is
Z additfon or subtraction
Preamble embodied in the 1973
basically the same
leted? (Silence) The Chair hears none; the amendment Commissioner Tingson said that the
Constitution. When
is approved.
reaction of the public
was very favorable, I had a dif-
MR. RAMA. Madam President. ferent reaction.

My friends called me up and o her
ours is the only Preamble that
people chided me that
and that there is really
THE PRESIDENT. The Floor Leader is recognized. wntains the word “love”
nothing new in it.
MR. RAMA. I move that we vote on Third Reading In other words,

sounds so noble with all those
it
to the freedom, love, equality, and

on Resolution No. 72, the proposed Preamble words like truth, justice,
there were another word that
Constitution. neace And I think if
included here, it should have been
Siould have been
I think we have
MR. DAVIDE. Madam President. “independent” or “independence.
been L
overwhelmed with the
recog-
THE PRESIDENT. Commissioner Davide is
these religious terms, but
nized. SrfstiaôTl do not believe in
with the people s
fSk we have been so overwhelmed — the word
language
MR. DAVIDE. Before we approve the motion,
I fVm that I feel — pardon the
1
would like to pose a parliamentary inquiry.

Busi-
As announced and as stated in the Calendar of
Resolution o.
ness, we will vote on Third Reading on
resolution, L”ugr«°w«riainSlôvI^
tnougu o
72. Would it that everything in this
mean particular case, 1
Constitu-
including the “Whereases,” is contained in the âs hoping that precisely
f „d r[erribricky
tion?
The Chair understands that only

THE PRESIDENT.
the Preamble is contained in the Constitution.
MR. DAVIDE. Just for the subsequent acts of the

Commission, when voting on Third Reading, only the say. 1 am suuy u
“invp” was nut to a vote.
or amendment to insert love P
text of the resolution should be mimeographed When the ..
some other colleagues,

printed. I raised my hand, together with
against it.
My point is; Could we not come up with something more serious and more dignified and one which we and
substantive, with all that is essential, spiritual, physical, our children could recite and memorize without any
social, political, and probably, give this to a
economic, injury to other people.
writer who
could put it prayerfully so that it would
sound joyous, harmonious and glorious? I have nothing THE PRESIDENT. We now proceed to the voting on
against the nobleness of the wordings of the Preamble, Third Reading.
but when we stop and think about it objectively, the
rhetorics and the way it is structured, I just find it icky. MR. ROMULO. Madam President.
When we say: “And a regime of truth, justice, freedom,
love, equality and peace,” it seems we are looking for MR. ABUBAKAR. May I have the floor first? Could
some other noble word so that we could put everything this suggestion not be referred to the body for a recon-
in it, and yet, we missed out the word “independence.” sideration?
That we are an independent nation is not in that par-
ticular Constitution.
I am my
opinion and I just want to
just voicing out
say that the people I have come in contact with are not
in agreement with the proposed Preamble. They felt It was 4:01 p.m.
that we should come up with something more original
and less icky. RESUMPTION OF SESSION
Thank you. Madam President. At 4:09 p.m., the session was resumed.
THE PRESIDENT. Commissioner Brocka can express THE PRESIDENT. The session is resumed.
his doubts or misgivings during the explanation of his
vote on Third Reading. MR. ABUBAKAR. Madam President.
MR. BROCKA. Madam President, I am sorry, I do THE PRESIDENT. Commissioner Abubakar is recog-
not know the parliamentary procedure. If this Preamble nized.
is put to a vote, my comment would be my explanation
to my vote. MR. ABUBAKAR. Madam President,
dear colleagues,
1 am dropping my suggestion for a reconsideration.
THE PRESIDENT. That is all right. Commissioner
Brocka.
Thank you.
MR. ABUBAKAR. Madam President.

THE PRESIDENT. The body, therefore, can now
proceed to vote on Third Reading.
As stated earlier, any
manifestation can be made to
THE PRESIDENT. Commissioner Abubakar is recog- explain your affirmative
or negative vote or your
nized. abstention.
MR. ABUBAKAR. support the contention and even MR. SUAREZ. Madam
I President, may I be recog-
the lengthy explanation of Commissioner Brocka on the nized.
word “love.” We must elevate and dignify not only the
Constitution,but also its phraseology, especially the
Preamble which will be memorized by our children and nized.
grandchildren. We all believe in love. We are a peace-

loving people, but the connotation of love varies and the MR. SUAREZ. Thank you, Madam President.
ramification and its interpretation may be as one sees it. Iwas personally surprised to read a copy of proposed
So, in the Constitution, let us elevate the Preamble to a Resolution No. 72 calling for a voting on Third Reading.
dignified level so that everyword carries weight, con- I was made to understand
that we are going to rule with
notation and strength. I do not mean that I do not definiteness on the constitutional provisions regarding
possess love or that I have no love towards my fellow- the Preamble portion after we shall have read the senti-
men. What mean is, let us elevate the Constitution and
I ments of the people as reflected in the public hearings
place in only words that carry dignity and strength,
it scheduled to be conducted all over the country.
something which we can recite without anyone inter-
Madam President, I was under the impression— please
preting every word in the Constitution. So, let us
correct me if I am wrong — that the final voting on
dignify the Preamble, whether in the American Consti-
Third Reading of the Preamble would be scheduled only
tution or in our Constitution, that carries this word
after we shall have received pertinent feedbacks from
“love.”
our people during our dialogue with them. I have heard
I agree with Commissioner Brocka that if we exclude the exposition eloquently made by Commissioner
the word “love,” the Preamble would be more lofty. Brocka, and I share his sentiments regarding a certain
degree of dissonance in the way the Preamble of our might go over the required three calendar days, which
Constitution has been formulated. would be a violation of this rule.
Be that as it may, we would like to raise a parlia-
mentary situation. We respectfully move to defer the
THE PRESIDENT. Thank you. Commissioner
Rodrigo.
voting on Third Reading of this Preamble until after we
shall have made our consultations with the people.
MR. RODRIGO. Madam President, I would like to
Thank you, Madam President. know - since the motion does not specify - up to when
we can “defer.”
THE PRESIDENT. Just for the record, the Chair
would like to be clarified on the Commissioner’s state- THE PRESIDENT. Commissioner Suarez is recog-
ment that there has been a commitment on the part of nized.
the body or of the Chair to postpone the Third Reading
on the Preamble. MR. SUAREZ. Point of clarification. Madam Presi-
after we shall have
dent. I did say the period; that is,
MR. SUAREZ. Madam President, I did not say there consulted our people regarding their sentiments on
this
was a commitment but I was under that impression — I
Preamble.
made that very clear.
THE PRESIDENT. Can there be a specific date?
THE PRESIDENT. We can refer to the transcript of
July 7?
the proceedings. MR. SUAREZ. What about
MR. SUAREZ. Madam President, the transcript will the reaction of Commis-
not yield the fact that immediately after the Second
THE PRESIDENT. What is
of Commissioner Rod-
ioner Suarez to the statement
Reading we can move on to the Third Reading; I hope Section 28 of our Rules.
igo calling our attention to
the records will bear me out in this regard. In other
words. Madam President, the voting on Third Reading President, I was listening to
could very well be deferred without violating whatever MR. SUAREZ. Madam
provision by Commissioner
understanding may have been reached among the Com- he reading of that particular
I feel that it is
supportive of
missioners in connection with the final approval of the lodrigo and, personally,
In other words, the consideration
Preamble. ny motion to defer.
afternoon is not even sanctioned by our Rules be-
his
So at this juncture. President, we are respect-
Madam •ause we were not
given that reasonable opportunity to
fully submitting a formal motion to defer final voting that is sought to be voted upon
inalvze the provision
on Third Reading on the Preamble. After all, in princi-
hfs afternoon
because of the one-day, but not more
ple, the Preamble has already been voted upon on
Second Reading by a vote of 27 against two; so it stands
3s having only fear. Madam Presi-
been approved. My
MR. DE CASTRO. Madam
President.
tênt,is that there could be dramatic changes which
might change the minds of the Commissioners in the
Commissioner de Castro is recog-
final voting. THE PRESIDENT.
Thank you. Madam nized.
President.
the PRESIDENT. Is there anyone seconding the AR DE CASTRO. we go back to the records,
If
for the defermen of
motion? nmissioner Garcia had moved
would like
because he
voting on the Preamble
final
on this. Cominissioner Garcia
hold public hearings
Uon was put to a vote
- if I remember right - and it
MR. RODRIGO. Madam President, Section 28 of our
Rules reads: ;
put down by the body.
Pream-
the Third Reading on the
be voted on Third Reading f we were to defer
No such resolution shall
hearings to b®
unless mimeographed copies thereof shall have been
dis- and wait for the public
amendments or changes,
there would be further
tributed to the Members of the Constitutional Commis- whic
uld we go back to
the period of amendments
sion at least but not more than three calendar days
one day in accordance
with our
before final action thereon is taken.
have already terminated
Copies of the resolution were distributed last Friday.
Are there any other

comments on
THE PRESIDENT. That was June 13.
THE PRESIDENT. to a vote
to defer will be put
. . .
this? The motion

MR. RODRIGO. So today is the third calendar day
and if we postpone voting on it until tomorrow, we MR. AZCUNA. Madam President.
THE PRESIDENT. Commissioner Azcuna is recog- THE PRESIDENT. Commissioner Oplc is recognized.
nized.
MR. OPLE. Before we act on the motion, may we
MR. AZCUNA. Madam President, even if we approve know exactly the reason it is being deferred for tomor-
the Preamble on Third Reading, I personally believe that row because we were given the reason for the original
we can change the wordings in the Committee on
still motion topostpone until July. In other words, this is
Style, precisely because the Preamble is not technically insufficient until we can add to it the grace of public
part of the Constitution. If the Preamble should con- hearings until July. But why defer until tomorrow? We
flict with the substantive portions which we will have have not been given the reason yet. It is a good habit
agreed upon later on, we will have to change the word- generally to understand what we are voting upon.
ings in the Committee on Style.
Therefore, during the public hearings we will en-

if
MR. SUAREZ. I originally moved for the deferment
counter certain responses of the people to make changes of the voting on Third Reading of this Preamble to July
in the Preamble, I think we will still be free to do it in 7, but when my attention was called by Commissioner
the Committee on Rodrigo to the provisions of Section 28 of our Rules, I

Style.
acknowledged the fact that my motion could be viola-
tive of our Rules. On the other hand, we also feel that
nized.
we need a little more time to consider this Preamble as
proposed to be voted upon by the Committee on
MR. RODRIGO. Madam President, considering that Preamble.
the motion is to defer final voting on the Preamble until
July 7, then, clearly this is in violation of Section 28 of MR. OPLE. If thereason is so we can sleep over it, I
the Rules which states; would like to support the motion of Commissioner
Suarez.
No such resolution shall be voted on Third Reading
unless mimeographed copies thereof shall have been dis-
tributed to the Members of the Constitutional Commission
at least one day but not more than three calendar days
before final action thereon is taken.
motion to defer the voting on Third Reading of Resolu-
So, unless we suspend that Rule, I do not think it is tion No. 72 for tomorrow in order
for the Members to
in order for us to vote on the motion. prepare for whatever vote they may
want to cast on this
particular resolution and also to
prepare the explunation
of their votes which will be in
SUSPENSION OF SESSION order? (Silence) The
Chair hears none; the motion is
approved.
It was 4:20 p.m.
RESUMPTION OF SESSION THE PRESIDENT. The Floor Leader is recognized.
At 4:25 p.m., the session was resumed. MR. RAMA. I ask that Commissioner Bengzon be
recognized.
THE PRESIDENT. Commissioner Bengzon is recog"
MR. SUAREZ. Madam President, may I be recognized.
nized.
MR. BENGZON. Madam President, some of the
THE PRESIDENT. Commissioner Suarez is recog- drafts submitted by the various entities — UP Law Cen-
nized. ter, PHILCONSA, etc. — were referred to the Steering
Committee. Technically, the Steering Committee would
MR. SUAREZ. May we respectfully request that the have to endorse these and break them up into various
final voting on the Preamble be deferred until tomor- sections to be referred to the proper committees. To
row. That an amendment to my motion for deferment
is
save time, I would like to propose an omnibus motion
of its consideration to July 7 because after going over to be approved by this body to the effect that the
the Rules with Commissioner Rodrigo, we were con- various drafts proposed by the various entities such as
vinced that he is correct in his reading of that particular UP, PHILCONSA and the others, be automatically
provision. So, may we formally move that the final or referred from the Steering Committee to the various
Third Reading and final voting on the Preamble be committees so that the Steering Committee will just
deferred until tomorrow. write an interoffice memo to these committees. That is
the motion. Madam President. So, I will not be coming
MR. OPLE. Madam President. to the plenary hall every time there is such a situation.
MR. DAVIDE. Madam President. THE PRESIDENT. Commissioner Bernas is recog-

nized.
nized. FR. BERNAS. Madam President, may I make some
suggestions apropos of the difficulty we had with respect
MR. DAVIDE. May I be allowed to make a comment to approval on Third Reading because I anticipate this
on the motion before it is voted upon? to come up again and again. I think the various commit-
tees are beginning to submit their committee
reports
THE PRESIDENT. The Gentleman may proceed. little by little, and as soon as these committee reports
be calendared for discussion
are submitted, they will
MR. DAVIDE. Under the Rules, the Steering Com- and we be having plenary sessions. And yet, we do
will
have a commitment to hold public hearings
and it would
mittee has, among others, the duty to coordinate with
seem to me that we should honor this
commitment of
the other organic committees. Would the motion, there-
fore, be necessary when it is within its jurisdiction to holding public hearings. We should
make it possible for
commitment to hold public hearings
coordinate with the other committees, to refer, through us to honor this
the reports. So, I recommend the
the exercise of its own functions, these drafts to the before we discuss all
consideration of the possibility of suspending our

different committees with proper instructions without
a whole week just to
the necessity of consent of the Commission? plenary sessions and devoting
of waiting for the weekends. Let
public hearings instead
week and get as many pubhc
MR. BENGZON. the ruling of the Chair, us farm out during the
as possible so that when we do
If that is
then there no need for the motion. hearings out of the way
reports, we can say that we
is
consider the committee
reports against the back-
considered the committee
VIVA VOCE ground of what we heard
from the people. Otherwise,
approving something before
THE PRESIDENT. The Chair would te will again run the risk of on
believes that held as we did with the report
it
be more in accordance with our Rules the motion of if

any public hearing is
the Chairman of the Steering Committee be acted upon the Preamble.
here in plenary session so as to avoid any regrets or dif-

MR. MONSOD. Madam
President.
ficulties about it. So, the motion is in order and the
motion will be acted upon and submitted to a vote.
THE PRESIDENT. Commissioner Monsod is recog-
As many as are in favor of the motion of the Chair-
nized.
man of the Steering Committee, please sd.y yea.
President, we appreciate the
SEVERAL MEMBERS. Yea. MR MONSOD. Madam
Bernas. However, organiz-
observations of Commissioner
hearings is not an easy task and
THE PRESIDENT. As many as are against, please say ing 45 provincial public
nay. (Silence) he Ad HocCommittee on Public Hearings, therefore,
in order to make these cori-
wanted a lot of lead time
The yeas have the motion approved. That is why the first offi-
Stations really meaningful.
it; is
provinces will be on the

puWic heLings in the
MR. BENGZON. Madam President, may I be recog- consecutive Saturdays aftM
28th*ând on two other
nized again? facUitate the hearings so
that think if the intent is to
I
will
hat' we can get on
with the plenary sessions, there
THE PRESIDENT. Commissioner Bengzon is recog- problem since we will not be able
be a very big logistical why we
nized.
fo hold thLtarings in one week. That is
should be held on weekends.
have proposed that they
MR. BENGZON. The Committee has noticed which we hope, will be
Steering However, we do have a proposal
that there have been a lot of overlapping committee - that the plenary sessions be
faLn up in the caucus
meetings so that a lot of the Commissioners are unable Reading and that all of the
onN for purposes of First
to attend the committee meetings that they wish to weeks be committee work,
work for the next three
attend. So, I would like to move: First, that the daily or in interviewmg
either in discussions
plenary sessions be limited to half an hour to one hour,
persons. In that way we can
do all the Prepajato
source
just to dispose of the Reference of Business after which public hearings
ry work in the committee plus the of
the plenary session shall be suspended and the rest of to our schedule
the afternoon be devoted to committee or public hear-
weekends so that we can adhere
July 7 for submission of
committee reports.
ings. Second, apropos of this, the whole Commission
would go into a caucus so that the Steering Committee, have no problem
upon the suggestion of Commissioner Monsod, could FR BERNAS. Madam President, I
think this will involve an

amendment o,
discuss a formula which, if implemented, would result with that, but I
have to amend the Rules to make
it
in a minimum of overlapping of committee meetings. our Rules. We

possible for us to slow down the consideration of THE PRESIDENT. Commissioner Sumulong is recog-
committee reports. nized.
MR. ROMULO. May I say something about that, MR. SUMULONG. Commissioner Regalado is perfect-
Madam President? ly right.There was an oversight. Section 22 was one of
the provisional rules that should have been deleted after
THE PRESIDENT. Commissioner Romulo is recog- we had approved the timetable which was prepared by
nized. the Committee on Rules. Under the timetable, all the
committees should finish their work, the hearings and
MR. ROMULO. That is why, apropos of the com- the preparation and submission of committee reports
ment of Commissioner Bernas, the intention of the within four weeks; that is, until July 7. So when we ap-
Rules Committee was really not to submit individual proved the timetable, that provision in the provisional
resolutions approved by the committee but for the com- rules should have been deemed correspondingly repealed
mittee to submit a complete report on July 7. Thus, because it is in conflict with what we approved as the
that will permit us to go ahead with the public hearings. timetable of the Commission. Therefore, Madam Presi-
We should also mention that each standing committee is dent, I ask for unanimous consent to have the first
starting to have public hearings throughout this period sentence in Section 22 of the Rules which says:
plus the outreach program of weekend public hearings.
Section 22. Committee Report. — Each committee shall
It isour belief that, if we stick to that schedule and we
submit a report on each resolution read
submit complete committee reports on July 7, we will at least within ten
days after the resolution has been referred
be able to meet the timetable. to it.
— correspondingly repealed by the timetable which we

THE PRESIDENT. In other words. Commissioner approved under Section 9 of the Rules.
Romulo, does the Chair understand that after July 7,
these committee reports will be in order for debates MR. OPLE. If that is a motion, I would like to second
and interpellations? It, Madam President.
MR. ROMULO. Yes, Madam President, that is the

intention of our timetable, but whether we can meet it Is there any objection?
or not is another question.
MR. REGALADO. Madam President. MR. BENGZON. I have no objection. Madam Presi-
THE PRESIDENT. Commissioner Regalado is recog-

nized.
nu u ' Sumulong?
Chair hears 1 I
MR. REGALADO. Madam none; the motion is

President, in connection approved.
with the observations of Commissioner Bernas and
Commissioner Romulo, this morning I brought to the MR. BENGZON. Madam now re-
President may I
attention of Commissioner Romulo, who was a Member iterate my motion? ’
of the Ad Hoc Committee on Rules, a seeming oversight

here which should be clarified. Under Rule 6, Section THE PRESIDENT. Commissioner Bengzon is recog-
22 on Committee Reports, it is provided that each com- nized.
mittee shall submit a report on each resolution read at
least within 10 days after the resolution had been MR. BENGZON. First is that henceforth, beginning
referred to it. I think it could have been an oversight tomorrow, we shall limit our plenary session to, say,
because subsequent thereto we agreed on a timetable. It between half an hour to one hour just for the purpose
was my understanding that this 10-day period within of going through the First Reading of the various resolu-
which the committee report would be submitted would tions and their referral to various committees in order to
be at the end of the public hearing in accordance with comply with our Rules. And, second, that we go into a
our timetable. Otherwise, the committee would be caucus in order to be able to discuss the formula to
forced to submit its committee report while the hearings avoid or at least minimize the overlapping of committee
would be going on because of the 10-day stricture.
still meetings.
So, I think there should be some clarification on the
meaning of Section 22 which, if literally taken, limits THE PRESIDENT. Commissioner Gascon is recog-
us to 10 days after referral of the resolution to the nized.
committee.
MR. GASCON. I would like to ask a few questions, if
MR. SUMULONG. Madam President. I may. Would that imply, therefore, that committee
reports for Second Reading be done or dispensed with MR. BENGZON. Accepted, Madam President,
after July 7 or beginning July 7 after the committees
will have submitted their final reports? MR. PADILLA. Madam President.
MR. BENGZON. The calendaring of committee THE PRESIDENT. Vice-President Padilla is recog-
reports will be after July 7. But, of course, after a public nized.
hearing, if a committee finishes its reports before
July 7, please submit them to the Secretariat and Steer- MR. PADILLA. Madam President, I have no objec-
ing Committee so that as we receive the reports, we can tion to what has been said about public hearings which
decide which ones to calendar first. On the debates on should be considered by the different committees so
Second Reading, subinission of these committee reports that we can consult with and appraise the sentiments of
today, up
will have to be after July 7. our people. But in this motion, from June 16,
will just be a formality in
to July 7, the session hall
for First Read-
MR. GASCON. I would like to second the motion having the many resolutions calendared
After that, it is intended to have the Assembly
then. ing.
adjourned.
THE PRESIDENT. Actually, there are two subjects in Madam considering the time constraints
President,
people also want to hear our
the motion. First, whether or not we shall approve that nd considering that the
for us to hear the views of the
the sessions be held only for half an hour or an hour. iews - it is very good
also, I think, expect to hear our
,eople but the people
MR. BENGZON. Yes, for half an hour to an hour just lews because we have
been appointed or designated as
I feel that as
for the purpose of complying with the Rules on First ;ommissioners to draft a Constitution-
the
Reading, referring the proposed resolutions to the ve have had a
freewheeling discussion on Article 1,
example, this afternoon or
respective committees. •reamble we should, for
freewheeling discussion on
omorrow, continue the di -
THE PRESIDENT. Can we act on that first motion? article II and
perhaps on Article III so that the
erent Commissioners
may express their views on these
MR. BENGZON. portions of the Constitution. Other-
Yes, Madam President. "sual and necessary
say, “Well, from June 2 to
June
^se the people m^t the
REV. RIGOS. Madam passed on Second Readmg only
President. 6 you have
16 up to July 7, you have not
reamble. Then on June
hall, and the Commission-
,
THE PRESIDENT. Commissioner Rigos is recog- anything in the session

their views on the different
nized. rs have mT ^pressedPreamble.”
articles that follow the
REV. RIGOS. Do Madam President, of making
understand that in the light of the
I So I am not in favor. mere formal
motion approved a few minutes ago, the exception, at his Assembly,
from June 16 to July 7, a
just listen to so many resolu-
least in the case of tomorrow, is the action of this Com- uimbly where we will Fust Reading.
on
mission on the vote on Third Reading on the proposed Shat are being calendared
Preamble? TU wnhiv <5iibmit thatwe should express our views
these
views of the people on all
ttout disregarding the we must
MR. BENGZON. Yes, and the continuation of the because, while
rre ^nt Artfcles that follow
.fferent to
proposal. Madam President, instead of starting the ^ eople want to listen
thing is that we crystaUize

session at three o’clock, we start it at two o’clock so
'’^\d the ôrf taUrtant of the Constitution.
that we will have more time for committee meetings.
omelws on these essential parts
to make the As-
c T obiecting to the motion
THE PRESIDENT.
nized.
Commissioner Bacani is recog-
emWy meetings
esolutions filed.
only a formality to hear
There are so many o^
th®
BISHOP BACANI. Madam President, I would like to

propose an amendment to the motion; that is, to add
MR. BENGZON. Madam
President.
UNLESS THE PRESIDENT DEEMS IT WISE TO PRO-
LONG THE SESSION, because there may be exception-
respectfully submit.
al cases when we might have to prolong the session. MR. PADILLA. I
MR. BENGZON.
MR. BENGZON. Madam
Yes, that is accepted. President.
MR. PADILLA. Madam President. Commissioner Bengzon is recog-

THE PRESIDENT.
THE PRESIDENT. Is that amendment acceptable? nized.
MR. BENGZON. I would like to call for a vote now. THE PRESIDENT. Is there any objection now to the
But before I do, may I just state that the points raised motion that we adjourn and go into a caucus?
by Commissioner Padilla could be achieved when the
The caucus will include the Vice-Chairmen, if they
body discusses the resolutions on Second Reading, when
desire to attend and any Member would be welcome
the committee reports are reported out and the people
also but essentially the Chairmen and the Vice-
can hear our respective views on these matters. May 1
Chairmen.
now call for a vote on the motion. Madam President?
Commissioner Monsod is recognized.
SUSPENSION OF SESSION MR. MONSOD. Excuse me. Madam President, but

THE PRESIDENT. The session is suspended for a few maybe it should be a caucus of everybody because there
are some matters we want to raise on the public hearings
minutes.
in which we need the attendance of all the Commis-
It was 4:51 p.m. sioners.
RESUMPTION OF SESSION THE PRESIDENT. Is that for this afternoon?

At 4:55 p.m., the session was resumed. MR. MONSOD. Yes, Madam President.
THE PRESIDENT. The session is resumed. THE PRESIDENT. How about that?
MR. BENGZON. Madam President. MR. BENGZON. Accepted, Madam President.
THE PRESIDENT. Commissioner Bengzon is recog- ADJOURNMENT OF SESSION

nized.
THE
PRESIDENT. So, the motion is to adjourn and
MR. BENGZON. I would like to withdraw my to go into a caucus for all the Members of the Commis-
originalmotion and substitute it with a motion that we sion to thresh out all these problems that have been
adjourn now and that the committee chairmen then go presented before us by Commissioner Bengzon, Vice-
into a caucus to discuss precisely: (1) the matters that President Padilla and the others.
were raised in my original motion and the comments of
Commissioner Padilla; (2) the formula to avoid or, MR. BENGZON. Yes.
at least, minimize the overlapping of committee meet-
ings; and (3) such other matters as may still come up THE PRESIDENT. Is there any objection? (Silence)
during the caucus. Thereafter, tomorrow, during the The Chair hears none; the motion is approved.
plenary session, the results of this caucus will be re-
ported to the body at two or three o’clock. MR. BENGZON. Where is the venue. Madam Presi-
dent?
What is the pleasure of the Chair?
THE PRESIDENT. It is in the South Caucus Room.

THE PRESIDENT. Let us have it first at three
o’clock. The session is adjourned until tomorrow at three
^
o’clock in the afternoon.
MR. BENGZON. All right. It was 5:58 p.m.
R.C.C. NO. 11
Present Rodrigo Present

OPENING OF SESSION Laurel . . . . . .
Present
Lerum Present Romulo . . . . . .
Maambong .... Present Rosales . . Present

At 3:30 p.m., the President, the Honorable Cecilia
,
Monsod Present Sarmiento . . . . Present

Munoz Palma, opened
.
the session.
Present Suarez . . Present
Natividad ,
Present Sumulong . . . Present

THE PRESIDENT. The session is called to order. Nieva . ..
Tadeo . Present
NoUedo Present . .
Tan . Present
Ople Present* , .
NATIONAL ANTHEM Padilla Present Tingson . . . ., . . Present

Trenas , . . Present
Quesada Present
Uka . . Present
Rama
,
Present
the National Anthem. Villacorta . . . . . Present
Regalado Present
Everybody rose to sing the National Anthem. Villegas .... . . . Present
Reyes de los ... Present
Rigos Present
standing for the Prayer to be led by the Honorable The President is present.
Crispino M. de Castro. shows 46 Members responded to the
call.
The roll call
of
PRAYER a quorum.
MR. DE CASTRO. Panginoon, kami po ay naririto MR. CALDERON. Madam President.
ngayon upang bumalangkas ng isang Saligang Batas na

nararapat at minimithi ng sambayanang Pilipino. Bigyan
Mo po kami ng lakas, masusing pagpupunyagi at sapat recognized.
na karunungan upang matamo namin ang layunin at
pangarap ng aming bayan. Huwag Mo pong bayaang APPROVAL OF JOURNAL
malihis ang aming landas sa aming gawain upang ito ay we dispense with the
MR CALDERON. I move that
matapos namin sa lalong madaling panahon, sapagkat ito yesterday’s session and that
we
po ang inaasahan sa amin ng buong bayang Pilipino. reading of the Journal of
Amen. approve the same.
there any *° 'j*®

THE PRESIDENT. Is
(Silence) The
ROLL CALL ,tion of the Assistant Floor Leader?
approved.
air hears none; the motion is
move that we proceed to the

the roll.
MR. CALDERON. I
ference of Business.
rHE PRESIDENT. Is there any objection? (Silence)
Abubakar Present Calderon Present approved.
e Chair hears none; the motion is
Alonto Present* Castro de Present
Aquino Present Colayco Present Fhe Secretary-General
Azcuna Present Concepcion .... Present
Bacani Present Davide Present
Bengzon Present Foz Present REFERENCE OF BUSINESS
Bennagen Present Garcia Present
Proposed
Bernas Present Gascon Present The Secretary-General read the following
the
Rosario Braid . . . Present Guingona Present Resolutions on First Reading and Communication,
Brocka Present Jamir Present President making the corresponding references:

PROPOSED RESOLUTIONS ON FIRST READING PRESIDENT AND VICE-PRESIDENT OF THE REPUB-

LIC OF THE PHILIPPINES DURING THE ELECTIONS
Proposed Resolution No. 1 15, entitled: OF FEBRUARY 7, 1986.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Introduced by Hon. de Castro.
TUTION A PROVISION PROHIBITING A GENERAL
REVAMP OF THE JUDICIARY BY LEGISLATION. To the Committee on Amendments and Transitory
Provisions.

RESOLUTION TO TAKE POSITIVE AND STRICT MEAS-
Proposed Resolution No. 1 16, entitled:
URES AGAINST GRAFT AND CORRUPTION IN ALL
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- LEVELS OF GOVERNMENT AND SOCIETY.
TUTION A PROVISION REQUIRING THE SUBMISSION
TO THE SUPREME COURT WITHIN TEN DAYS FOL-
LOWING ITS APPROVAL ORGANIC LAWS WHICH To the Committee on Accountability of Public Offi-
AFFECT THE RIGHTS OF THE PEOPLE TO UFE, cers.
LIBERTY AND PROPERTY AND PROVIDING THAT
THE SAME SHALL TAKE EFFECT ONLY AFTER SAID Proposed Resolution No. 122, entitled:
COURT SUSTAINS ITS CONSTITUTIONALITY.
Introduced by Hon. Davide, Jr. TUTION A PROVISION STATING THE FORM OF THE
To the Committee on the Judiciary. NATIONAL ECONOMY MOST CONDUCIVE TO THE
ATTAINMENT OF A JUST AND HUMANE SOCIETY.
Proposed Resolution No. 1 17, entitled: Introduced by Hon. Villegas.
RESOLUTION CALLING FOR THE INCORPORATION IN To the Committee on the National Economy and
THE NEW CONSTITUTION OF A PROVISION WHICH Patrimony.
WOULD INDUCE AN ELECTIVE OFFICIAL TO AS-
SUME HIS POSITION WITHOUT DELAY BY SETTING Proposed Resolution No. 124, entitled:
ASIDE HIS ELECTION AND DISQUALIFYING HIM TO
HOLD ANY PUBLIC OFFICE IF HE FAILS TO ASSUME RESOLUTION REQUIRING CONCURRENCE OF THE
OFFICE WITHIN THIRTY DAYS FOLLOWING THE CENTRAL MONETARY AUTHORITY AND DUE NO-
DATE FKED BY LAW FOR HIM TO DO SO. TICE TO THE LEGISLATURE BEFORE GOVERN-
MENT GUARANTEES ARE EXTENDED TO FOREIGN
Introduced by Hon. Davide, Jr. BORROWINGS.
To the Committee on Constitutional Commissions Introduced by Hon. Ople, de los Reyes, Jr. and
and Agencies. Maambong.
Proposed Resolution No. To the Committee on the Executive,
1 18, entitled:

TUTION A PROVISION REQUIRING THE APPROVAL
OR CONSENT OF THE LEGISLATURE FOR THE EF- RESOLUTION TO INCLUDE IN THE ACCOUNTABILITY
FECTIVITY AND VALIDITY OF TREATIES, EXE- OF PUBLIC OFFICERS A PROVISION THAT THE
CUTIVE AGREEMENTS AND RECOGNITION OF ARBITRARY REMOVAL AND/OR REPLACEMENT OF
STATES OR GOVERNMENTS. ELECTIVE PUBLIC OFFICIALS IS A CULPABLE VIOLA-
TION OF THE CONSTITUTION AS A GROUND FOR
IMPEACHMENT.
Introduced by Hon. Ople, Maambong, Natividad and
de los Reyes, Jr.
1 19, entitled:
RESOLUTION REDUCING THE RETIREMENT AGE OF

To the Committee on Accountability of Public
Officers.
MEMBERS OF THE SUPREME COURT AND JUDGES
OF INFERIOR COURTS FROM SEVENTY TO SDCTY-
FIVE.
RESOLUTION TO INCLUDE IN THE GENERAL PRO-
VISION OR DECLARATION OF PRINCIPLES A PRO-
To the Committee on the Judiciary. VISION TO AID AND ASSIST THE DISABLED, HANDI-
CAPPED, ORPHANS, AGED AND OTHER DISAD-
Proposed Resolution No. 120, entitled: VANTAGED CITIZENS.
RESOLUTION PROCLAIMING THE INCUMBENT PRESI- Introduced by Hon. de los Reyes, Jr., Maambong and
DENT AND VICE-PRESIDENT AS THE DULY ELECTED Natividad.
To the Committee on Social Justice and Social Ser- CATIONAL INSTITUTIONS FROM REAL ESTATE
vices. TAXATION.
RESOLUTION TO INCLUDE IN THE GENERAL PRO-
VISION OR DECLARATION OF PRINCIPLES A PRO-
VISION TO PREVENT THOUGHTLESS EXTRA-
VAGANCE AND CONSPICUOUS CONSUMPTION, PRO- RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
HIBIT AND DISCOURAGE ACTIVITIES WHICH PRO- TUTION ARTICLES FOR THE EFFECTIVE PROFES-
SIONALIZATION OF THE ARMED FORCES.
MOTE INDOLENCE AND ARE NONPRODUCTIVE.
RESOLUTION PROVIDING THAT THE STATE SHALL
RESOLUTION PROHIBITING THE PRESIDENT, VICE- ESTABLISH AND MAINTAIN AN EDUCATIONAL SYS-
PRESIDENT AND MEMBERS OF THE CABINET AND TEM RELEVANT TO THE NEEDS OF THE PEOPLE
THEIR DEPUTIES FROM HOLDING ANY OTHER OF- AND THE GOALS OF NATIONAL DEVELOPMENT.
FICE AND FROM ENGAGING IN ACTIVITIES WHICH Introduced by Hon. Rosario Braid.
MAY GIVE RISE DIRECTLY OR INDIRECTLY TO CON-
FLICT OF INTEREST IN THE CONDUCT OF THEIR
OFFICE, AND TO PROHIBIT THE PRACTICE OF NEPO-
TISM BY SAID OFFICIALS. Proposed Resolution No. 135, entitled:
Introduced by Hon. Ople, de los Reyes, Jr. and RESOLUTION TO INCLUDE A SEPARATE ARTICLE ON
Maambong. THE CIVIL SERVICE TO ENSURE ITS INDEPENDENCE.
Introduced by Hon. Rosario Braid.
Proposed Resolution No. 129, entitled: To the Committee on Constitutional Commissions
RESOLUTION TO INCLUDE IN THE TRANSITORY PRO- and Agencies.
VISIONS AN ARTICLE REVERTING TO THE COURTS
THE POWER OF SEQUESTRATION PRESENTLY Proposed Resolution No. 136, entitled:
VESTED IN ANY GOVERNMENT ENTITY UPON THE RESOLUTION TO PROVIDE AN AMENDED PROVISION
RATIFICATION OF THE PROPOSED CONSTITUTION. ON NATIONAL TERRITORY IN THE NEW CONSTITU-
Introduced by Hon. Ople, Natividad, de los Reyes, Jr. TION.
and Maambong. Introduced by Hon. Nolledo.
To the Committee on Amendments and Transitory To the Committee on Preamble, National Territory,
Provisions.
resolution to incorporate in the new consti- Proposed Resolution No. 137, entitled:
tution AN ARTICLE WHICH WOULD PROVIDE AS- resolution to provide in the TRANSITORY PRO-
SISTANCE TO PRIVATE EDUCATION. VISIONS THAT THE COMMISSIONS ON GOOD
government and human rights be given a
PERIOD OF ONE YEAR FROM THE DATE OF RATI-
To the Committee on Human Resources. FICATION OF THE NEW CONSTITUTION TO FINISH
THEIR ASSIGNED TASKS AND TO RATIFY ALL THE
entitled.
ACTS AND DECISIONS OF THEIR COMMISSIONS.
TUTION AN ARTICLE WHICH WOULD
ENSHRINE
THEREIN THE EXERCISE OF PEOPLE’S POWER. To the Committee on Amendments and Transitory
Provisions.
To Committee onCitizenship, Bill of Rights,
the Proposed Resolution No. 138, entitled:
Political Rights and Obligations and
Human Rights.
RESOLUTION TO INSERT IN THE NEW CONSTITUTION
Proposed Resolution No. 132, entitled: PROVISIONS ON MEANINGFUL AND AUTHENTIC
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- DECENTRALIZATION OF LOCAL GOVERNMENTS BY
TUTION AN ARTICLE ON THE EXEMPTION OF EDU- ADOPTING WITH MODIFICATIONS THE PROPOSED
PROVISIONS BY THE UP LAW CONSTITUTION PROJ- MR. CALDERON. Madam President, I request that
ECT. Commissioner Bengzon be recognized.
To the Committee on Local Governments. nized.

MR. BENGZON. Madam President, I rise on a ques-
RESOLUTION PROVIDING FOR THE SECURITY OF tion of collective privilege.
TENURE OF CIVIL SERVICE EMPLOYEES WHOSE
QUALIFICATIONS MEET THE STANDARD OF GOOD THE PRESIDENT. Will the Commissioner state his
GOVERNMENT AND WHO HAVE BEEN FOUND EFFI- question of collective privilege?
CIENT, DESERVING AND HONEST.
Introduced by Hon. Suarez, Jamir and Tadeo. MR. BENGZON. Madam President, in today’s issue of
the Pahayagang Malaya, there appears on its headline
the statement that the United States has interfered or
and Agencies.
seeks to interfere in the Constitutional Commission.

THE PRESIDENT. The Chair understands that ac-
RESOLUTION PROVIDING FOR THE SECURITY OF cording to Rules, questions of privilege may be
the
TENURE OF THE MEMBERS OF THE JUDICIARY. availed of only on Fridays. Does the Commissioner
Introduced by Hon. Suarez, Jamir and Tadeo. believe that his privilege speech is of paramount im-
portance that it must be taken up today?
MR. BENGZON. believe this is an urgent matter.

I
Madam President, so, instead of waiting until Friday,
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- I now request for the unanimous consent of the body
TUTION AN ARTICLE ON NATIONAL TERRITORY. to allow me to rise on this question of collective pri-
Introduced by Hon. Tingson. vilege.

and Declaration of Principles. THE PRESIDENT. Is there any objection? (Silence)
The Chair hears none; Commissioner Bengzon is given
five minutes for his question of collective privilege.

COMMUNICATION WiU Commissioner
five minutes be sufficient.
Letter from Mr. Eliseo F. Ocampo, President of Con- Bengzon?
cerned Citizens of San Juan, Metro Manila, Inc., trans-
mitting a resolution of its board of directors proposing MR. BENGZON. It will be more than sufficient.
guidelines in the drafting of the Constitution.
(Communication No. 16 — Constitutional Commission
of 1986).
QUESTION OF PRIVILEGE
OF COMMISSIONER BENGZON
MR. CALDERON. Madam MR. BENGZON. Madam issue
President. President, in today’s
of the Pahayagang Malaya, there appears on its headline,
THE PRESIDENT. The Assistant Floor Leader is in bold letters, a statement which I quote: US INTER-
recognized. FERENCE IN CON COM BARED. And it goes on to
state that allegedly a $ 20-million aid for research
was
MR. CALDERON. I request that Commissioner offered by the United States government to the 1986
Villegas be recognized. Constitutional Commission.
Madam information coming from the

President,
THE PRESIDENT. Commissioner Villegas is recog- Office of the Secretary-General and the Office of the
nized. President reveal that there was no such offer, whether
official or unofficial, made by the United States to the
MR. VILLEGAS. Madam would like to
President, I Constitutional Commission. So, on behalf of the Com-
inform the body that yesterday, our Committee decided mission and my colleagues, may I put on record the
to postpone the consideration of ail the sections within fact that there has not been and there is no offer of any
Article XIV until all the sections are presented in one so aid made by the United States or any of its agencies to
that we can see how each section fits into the total the Constitutional Commission. Moreover, on behalf of
Article. this body, 1 feel certain and I am sure that, even if there
was such an offer, this body does not need it. We in this be deplored and that the offer of research fund could be
Commission have been appointed on the our basis of interpreted as indirect bribery. I have no personal knowl-
nationalism, probity, and independence of mind, and I edge of the offer. Mr. Ople said that he read about the
am sure that each one of us here possesses those at- offer, because it was really pubUshed in Business Day and in
tributes. We do not intend to and will not succumb to another newspaper, but he did not confirm its truth.
nor will accept any offer of any aid, especially I did not say that the various drafts of the Constitution
monetary aid, from any foreign government. submitted to the Con-Com were financed by the U.S.
Thank you very much. Goveriunent. I said that the Phihppines has sufficient
facilities and the Con-Com Members have the mental
THE PRESIDENT. Thank you. capacities to formulate a new Constitution, and that we do
not need a foreign research fund. Moreover, I said that
MR. SUAREZ. Madam President. personally, I can speak on behalf of my colleagues that if
there should really be such kind of a fund, I know that we
would reject it. I carmot blame reporters who misinterpret

MR. NOLLEDO. Madam President, I rise also on a
emphasized
my remarks wittingly or unwittingly, which I
question of individual as well as collective privilege.
should be off the record.
THE PRESIDENT. Commissioner Nolledo is recog- Thank you. Madam President.
nized.
MR. SUAREZ. Madam President, may we be recog-
QUESTION OF PRIVILEGE nized.

OF COMMISSIONER NOLLEDO recog-
THE PRESIDENT. Commissioner Suarez is
MR. NOLLEDO. Thank you. Madam President. nized.

I rise also on a question of personal and collective
privilege because I was quoted by the Pahayagang MR. SUAREZ. Thank you, Madam President.
Malaya the source of the news. And so,

as allegedly collective indignation
Like our colleagues, I feel a
jokingly, some of my colleagues are now asking me to Malaya. I, mys
over the publication attributed to
account for the $20 million that must have been paid to
have not read it but I wonder if
me, and they are looking at me with quizzical eyes as if
order at this point. Madam President,
I got that money from the United States government, I by
• j.
the absence of the man referred to

will resign from the Commission and join Mr. Marcos in
Honorable Bias c-
Nolledo himself, the Mpm
Hawaii. - hold no brief for any Mem-
should be in parenthesis
But before I proceed. Madam President, I would like o any
ber in this Commission who is guilty
out y ^
.
this Commission to know that three weeks before the the matter of agreement, as pointed
Constitutional Commission was inaugurated, the Busi- sioner Nolledo.
ness Day, as may be confirmed by Mr. Tara Singh, Considering that the Madam President has granted
carried a news item that the United States government, Commissioner Bengzon a period of five
through the Ford Foundation, offered a $2-million, not was wondering w
deliver his privilege speech, I
$ 20-million, research aid. One of the readers criticized could accomm

within that five-minute period we
that offer. So, unofficially, there must have been an he can clarify this ma
Commissioner Ople so that
offer, and I was asked by the writer of this news item.
Believing in a gentlemen’s agreement and being a former will reserve that
for Commis-
THE PRESIDENT. We
newsman in courtesy to another newsman, I said I sioner Ople should he desire to take
advantage of it.
would make a comment on condition that there will be

no press release about it whatsoever, considering that it MR. BENGZON. Madam President.
involves a very delicate matter and that it may cause
embarassment to our venerable Vice-President who is THE PRESIDENT. Yes, Commissioner
Bengzon is
now abroad. Madam President, I would like to read my recognized.

regret
press statement before this body, and I deeply
that the gentlemen’s agreement was breached. MR. BENGZON. The comments and statements that
to something
To my dear colleagues: were delivered after my remarks refer
or in reference o
shocked by today’s headline of Malaya personal. Whatever were said about
I was terribly
in t le news
which implied that was the one who bared the alleged comments or statements of our colleagues
I
Madam Presi-
papers are of no moment to my
point.
$20-million U.S. research fund. emp asize
dent, the fact remains - and would like
I to the newspaper reports published
only reacted
J
in the Commission,
^
of the CON-COM that the U.S. Govern- this - that nothing in our records
before the opening nor from the
ment offered through the Ford Foundation a research fund
from the Office of the Secretary-General
written
to Office of the President, officially or unofficially,
to aid the CON-COM. I said that foreign interference is
or verbal, directly or indirectly, shows that any offer of MR. RODRIGO. Section 42 of our Rules provides,
any aid has been made by the United States Govern- and I quote:
ment. That is what I would like to emphasize for the When a motion, report or resolution is adopted or lost, it
record.
shall be in order for a Member who voted with the majority
Thank you very much. to move for the reconsideration thereof on the same or
succeeding session day.
MR. DE CASTRO. Madam President. We voted on Resolution No. 72 on Second Reading
lastFriday and the “succeeding session day” was yester-
day; so it is too late now. It could be a violation of this
nized.
Rule. But may I suggest this: The only thing that our
colleague can do now is to explain his vote. To seek
MR. DE CASTRO. For the information of my honor- reconsideration at this stage would call for the sus-
able colleagues here, yesterday afternoon, just before we pension of this Rule and I do not think we can have
started the session, a lady correspondent approached me unanimous consent.
at my desk and asked if it was true that there was such
an offer of $20 million for research by the United MR. BROCKA. In that case then, may I move for the
States. I told her, “Do not believe that, because if the suspension of the Rules.
United States will spend one cent of their money, it
must have some strings attached to it.” And then she THE PRESIDENT. Of the
” Rules?
asked me, “What will you do about this information?
I said in a blunt manner that if the man who made the MR. BROCKA. Yes, Madam President.
offer would see me, I would throw him out.
MR. RODRIGO. I would object to that, Madam Presi-
THE PRESIDENT. The Chair believes that sufficient dent. waste our time and we might be criticized
It will
discussion has been made on this particular subject, and, because after having voted on this, we are seeking re-
therefore, the Chair closes this particular issue. consideration which will reopen the whole thing to
debate and to amendments.
MR. CALDERON. Madam President.
recognized.
It was 4: 03 p. m.
MR. CALDERON. I move that we proceed with the
voting of Resolution No. 72 on Third Reading. RESUMPTION OF SESSION
THE PRESIDENT. Is there any objection? At 4:08 p.m., the session was resumed.
MR. CALDERON. Madam President, may I request THE PRESIDENT. The session is resumed.
that Commissioner Brocka be given the floor.
MR. BROCKA. Madam President, may I be recog-
nized.
nized.
nized.
MR. BROCKA. Thank you very much. Madam Presi-
dent.
MR. BROCKA. In the spirit of parliamentarism, I
would like to move for a reconsideration of the ap-
I
would like to withdraw my motion to suspend the
proval on Second Reading of the proposed Preamble of Rules.
the Constitution. I know that this is adding to the delay,
but I would like to move for reconsideration. NOMINAL VOTING ON PROPOSED
RESOLUTION NO. 72 ON THIRD READING
THE PRESIDENT. Is there anybody seconding the (Adopting a Preamble to the Constitution)
motion?
THE PRESIDENT. The motion has been withdrawn
and, therefore, the voting on Proposed Resolution
MR. RODRIGO. Madam President, may I comment
No. 72 on Third Reading is in order.
on that.
Printed copies of Resolution No. 72 were distributed
THE PRESIDENT. Commissioner Rodrigo is recog- on June 13, 1986 pursuant to Section 28, Rule VI of
nized. the Rules of the Constitutional Commission of 1986.
The Secretary-General will read the title of the sets the origin, thescope and the purpose which provide
resolution. an aid explaining some ambiguous provisions of the
in
Constitution. Therefore, the Preamble sets the context
THE SECRETARY-GENERAL. Proposed Resolution within which we appreciate the Constitution. And pre-
No. 72, entitled: cisely, this context, as we have experienced, is very
unique.
RESOLUTION PROPOSING TO ADOPT A PREAMBLE TO
I had hoped that in this Constitution we could devise
THE CONSTITUTION.
something that is original, something that will embody
the essence of this unique historical experience, not just
FIRST ROLL CALL a celebration of words.
THE PRESIDENT. The body will now vote on this My second observation is on the process we had
resolution, and the Secretary-General will call the roll. undergone, the deliberation on Proposed Resolution
No. 72. I was given the impression, under no unmistaka-
THE SECRETARY-GENERAL, reading: ble terms, that the reason why we have pushed for the
Aquino
approval of Proposed Resolution No. 72 on Second
Abubakar
Reading is we wanted to impress upon the public
that
Alonto
that we are aware of the urgency of our task. This is
very noble, but then I believe that if we lose sight of
the
REV. RIGOS. Madam President, parliamentary in-
proper perspective of our task, we might precisely fall
that
into the trap of maybe rushing up a
quiry. Constitution
does not really echo what the people want.
THE PRESIDENT. Excuse me, but once the voting
has started, the voting cannot be interrupted. We will My fear that there might be a collective mind-set
is
in this Commission for us to

immediately package a
have to proceed.
Constitution in response to the requirements of
political
expediency. This may be the requirement

of imme-
MS. AQUINO. Madam President.
the present
diately vesting the constitutional
mandate in
THE PRESIDENT. What is the pleasure of Commis- leadership and government.
sioner Aquino? is not our task. Our task is
to chart
I believe that that
e
to draft a Constitution for t
a new course in history,
MS. AQUINO. Madam President, would like to ex- by the require-
future and for our children, unfettered
I
plain my vote. ments of political expediency, even as we are very

the work.
conscious of the requirements of urgency in
THE PRESIDENT. Commissioner Aquino has three the
I have to vote against
minutes to explain her vote. It is on these grounds that
resolution.
COMMISSIONER AQUINO EXPLAINS HER VOTE Thank you, Madam President.
MS. AQUINO. am constrained to vote against the

I
Resolution No. 72. It is very

approval of proposed
posi- Bernas
unfortunate that I have to take exception to the Azeuna . . . •
pro- Rosario Braid

tion of my Committee which is sponsoring this Bacani
posal. I had to muster a lot of raw courage to do this Bengzon Brocka ....
the tide and against Bennagen
because I know I am running against
spird
the decision of my Committee. Delicadeza and the Commis-
and prevailed THE PRESIDENT. What is the pleasure of
of parliamentarism would have dictated
upon me but since this is a vote of conscience, it is sioner Brocka?
imperative for me to explain my vote.

MR. BROCKA. My vote is no.
I have always believed that the Preamble is something
more than just florid verbiage. The Preamble should be THE PRESIDENT. Will the Commissioner explain
his
something more than just rhetorical cadence that is all

vote?
sound and fury but empty. I have always thought that
in the context of a very unique historical experience MR. BROCKA. Yes, Madam President.
that we have undergone, we can do no less than do jus-
three
tice to the courage and the determination of the Filipi- THE PRESIDENT. Commissioner Brocka has
no people by embodying in the Preamble, possibly in minutes.
words, the most eloquent celebration of how it was
VOTE
and how we did it. COMMISSIONER BROCKA EXPLAINS HIS
What ispreamble as it should be? A preamble is an
a
explanation of the intent and the purpose of the law. It MR. BROCKA. Thank you. Madam President.
I already spoke yesterday and expressed my reserva- THE SECRETARY-GENERAL, reading:

tions about the proposed resolution.
Calderon
This afternoon I have distributed my alternative
formulations of the Preamble for reconsideration. I MR. CALDERON. Madam President.
must beg the indulgence of the very distinguished body
here, and I must admit that I am not a parliamentarian. THE PRESIDENT. What is the pleasure of Commis-
I did not want to be in the Constitutional Commission sioner Calderon?
precisely because I am not a parliamentarian and I do
not know the rules. I am not a constitutionalist like MR. CALDERON. I abstain. My vote is neither yes
some of the distinguished people here — but that is nor no.
belaboring the point already.
When we were drafting the Preamble, I felt that itwas THE PRESIDENT. The Gentleman want to explain
going to be just a string of noble words and, as men- his vote of abstention?
tioned by Commissioner Aquino, precisely because of
the very unique experience that we as a people have MR. CALDERON. Yes, Madam President.
undergone, I felt that we should come up with a pream-
ble which would not sound like that of the 1973 or THE PRESIDENT. The Gentleman may proceed.
1935 Constitution. I think Commissioner Aquino has
already expressed very brilliantly what I feel about this. COMMISSIONER CALDERON EXPLAINS HIS VOTE
So, with the indulgence of the Members that are here, MR. CALDERON. I believe that no other Constitu-
I would like to read my alternative formulations of the tion in the world has “love” in its Preamble except our
Preamble. I have no illusion that any of these will be Constitution. Second, the message of the Bible is love. It
accepted, but I just want to put on record my objec- is not necessary to enshrine it in our Constitution so
tions and these alternative formulations.
that our people will be conscious of love. So, it pains
The first alternative reads: “We, the sovereign Filipi- me that I cannot vote for the Preamble as it is now.
no people, guided by the principle that the voice of the Thank you.
people is the voice of God, striving to build a just and
humane society, desiring to establish a government that THE PRESIDENT. Thank you.
shall work to realize our aspirations for peace, de-
mocracy and independence, adopt and promulgate this THE SECRETARY-GENERAL, reading:
Constitution.”
Castro de Yes Davide Vcs
The first version has 50 words in it. The second Colayco Yes
Poz
version states: “We, the sovereign Filipino people, from Concepcion Yes Garcia
whom all government authority emanates, striving to
build a humane society based on truth, peace, democracy
and independence, adopt and promulgate this Constitu-
THE PRESIDENT. What is the pleasure of Commis-
tion.” sioner Garcia?
There are certain points to consider. I think the word

MR. GARCIA. Madam President, I would like to ex-
“ordained” in the original, except in the context of
plain my vote.
Holy Order, sounds rather archaic. “Adopt” or “enact”
is the more modern term. What happened to “common THE PRESIDENT. Commissioner Garcia has three
good,” “equality” and “freedom” in the original?
minutes to explain his vote.
These are, I think, included in the concept of democra-
cy. What about “conserve and develop our patrimony”?
These are included in the more all-encompassing con- COMMISSIONER GARCIA EXPLAINS HIS VOTE
cept of “independence” or “national independence”
which would enshrine the principle of nationalism, the
MR. GARCIA. With all due respect to my com-
panions body, especially to the members of the
in this
people’s nationalist aspirations, in the Preamble.
Committee on Preamble, I would like to register a
know that the
I formulation of this Preamble has negative vote.
caused much delay, but precisely because the Preamble vote negatively on two counts:
I first, on process;
appears right at the very beginning and is so important, second, on substance.
we should not sacrifice the substance and originality of think what we have to put the
I tried to do here is
this Preamble to speed up or to hasten its promulgation. beginning of
cart before the horse. It is like writing the
Thank you very much. a story without knowing its end; or it is like playing
music without knowing the tune. I am afraid that for
THE PRESIDENT. Thank you. the sake of brevity and speed, we have tried to come up
^
with something to show the public. But I believe that As such, primarily because of its process and because
the Preamble is such an important thing that it is only we did not giveenough participation to the people inso-
after thorough debates on substantial issues that we can far as contributing to its substance is concerned, I vote
perhaps capture the spirit and essence of what we wish no.
to express in this Preamble.
Secondly, regarding substance. The Preamble has a
Guingona Yes Jamir
historical context, and the Filipino people have a
historical experience. The Filipino people put an end to
dictatorial rule after 20 years of authoritarian rule,
MR. JAMIR. Madam President.
foreign intervention, lack of justice and equity. This

experience is unparalleled; it is unedited; it is also
unfinished. sioner Jamir?
I had hoped that in this Constitution, we could have MR. JAMIR. I abstain for the same reasons given by
captured precisely this experience and the whole effort Commissioner Gascon.
of our people to bring about a whole new direction,
specifically one that is self-determined and independent. THE SECRETARY-GENERAL, reading:
I believe what my colleagues, who registered a negative
Laurel
vote, said. We
have been a people held in bondage for
many years and many decades. One of the deepest de- MR. LAUREL. I abstain. Madam President.
sires of our people right now is for us to draft our own
future. Because of our struggle and our victory we have
earned the right to commit our own mistakes; we have Maambong
Lerum Yes
earned the right to sing our own songs, to drink from
our own wells, and to walk a self-determined path to be allowed to explain my
chart our unique future that is truly Filipino, indepen-
MR. MAAMBONG. May I
vote of abstention. Madam President.

dent regardless of the powers of the world. This, I
believe, should be expressed in the Preamble of the Commissioner Maambong is given
Constitution.
THE PRESIDENT.
three minutes to explain his vote.
HIS VOTE
OMMISSIONER MAAMBONG EXPLAINS
THE SECRETARY-GENERAL, reading: have nothing
MR. MAAMBONG. Madam President, I
Gascon
;ainst the substance of the ®
jting on in its present
MR. GASCON. Madam President, I would like to
we should wait for the
my vote. oner Garcia, I also feel that
explain Constitution soJhat we will
implete substance of the
that we shall ha^ pro-
ally know, if the Constitution
THE PRESIDENT. Commissioner Gascon is given
what we are saying in the
minutes to explain his vote. ulgated will truly reflect
three
-eamble.
Madam President, when we
COMMISSIONER GASCON EXPLAINS HIS VOTE Besides,
impression in the minds ot
tarings we have created the
to take a vote on any
MR. GASCON. My vote is also in the negative be- :eTeople that we are not going
cause of its process. ibstance of the Constitution
or thê
held these publ^ hearing
atter, until we shall have
As I participated and deliberations
in the discussions
the impression hat
we ê
when the proposed resolution was presented, I was of therwise, it may create
irrying up the formulation
of the Constitution,
the understanding that after we give our suggestions, it
the Preamble.
will not go through Third Reading until after we will ay have been a bit hasty on
have gone into consultation and discussion with the
people. I was also given the understanding that we could
make substantial changes if, in fact, after discussing with THE SECRETARY-GENERAL, reading:
the people, there Were substantial additions, concepts
Monsod
or ideas which the people wanted to express in the
explain my vote, Madam
Preamble. MR. MONSOD. May I
As the Members of the Commission had explained, President?

the Preamble is the totality of the spirit of the Constitu- given
THE PRESIDENT. Commissioner Monsod is
tion, and it imbibes a prayerful appeal to the Lord to
help us in our continued struggle for independence. three minutes to explain his vote.
COMMISSIONER MONSOD EXPLAINS HIS VOTE COMMISSIONER QUESADA EXPLAINS HER VOTE
MR. MONSOD. I vote yes. However, I want to make MS. QUESADA. I share the feelings of my comember
two observations: One is that I agree that the events of in the Committee on Preamble, Honorable Aquino, and
February should find some expression in the Preamble. that is, wehave to go through the process that we
really
However, I also would
to caution ourselves
like promised to the people: to really consult with them
against focusing too much on
the four days of February. before we finalize the provisions that we will enshrine in
After all, one may look at it as an “end game,” that the Constitution.
what has been happening through all the years, through We are already hearing comments that if we have this
all the struggles that many people had gone through, are Preamble approved prior to the consultations starting
all part of that process. I would like to think that the on Friday, we might be negating the principle or
people who deserve more commendation are those who rationale behind these public hearings. We were sup-
struggled even when there were no miracles to see. posed to withhold our decisions until after we have
My second observation is one of hindsight. I agree culled or synthesized the thoughts and feelings of the
with some of my colleagues that perhaps it would have people we will be consulting here in Metro Manila and
been better had we deferred action on the vote on in the different parts of the Philippines.
Second Reading, in order for us to reflect as much as Personally, I believe that as we go through the com-
possible, if there are any differences between our mittee meetings, I would like to see that the spirit in
thoughts and those of the people whom we will consult. which we have expressed ourselves in the Preamble are
However, I vote because in my opinion
the sub- to be found in the various provisions that we will be
stance adequately meets the criterion of reflecting the discussing or approving in our different committees. In a
sentiments of the people. sense, I would like the substance first to be deliberated
upon not only by the people in the forums that we will
Thank you. be holding but also within the different committees so
that we can really see that what we have expressed in
THE SECRETARY-GENERAL, reading: the Preamble in a prayerful way, are really the things
Natividad Ople . that we also have expressed in the provisions that we
Nieva Padilla approved in our various committee meetings.
NoUedo Yes
MR. PADILLA. Madam President. Rama
THE PRESIDENT. The Vice-President is recognized. MR. RAMA. I abstain.
MR. PADILLA. I vote in favor of the resolution. THE SECRETARY-GENERAL, reading;

THE PRESIDENT. The Regalado Yes
Vice-President is given three
minutes to explain his vote. Reyes de los
MR. DE LOS REYES. Madam President, may I
COMMISSIONER PADILLA EXPLAINS HIS VOTE explain my vote.

MR. PADILLA. Yes, I wish to state that I suggested THE PRESIDENT. Does los Reyes
Commissioner de
the insertion of the word PROGRESS after “peace.” want to explain his vote?
And I also suggested the change of the word “equality”
to EQUITY. But, in substance, I vote in the affirmative.
MR. DE LOS REYES. Yes, Madam President.
Thank you.
THE PRESIDENT. The Commissioner is given three
minutes.
Quesada COMMISSIONER DE LOS REYES

EXPLAINS HIS VOTE
THE PRESIDENT. What is the pleasure of Commis- MR. DE LOS REYES. I respectfully submit that the
sioner Quesada?
Preamble which we have adopted is an improvement of
the 1973 Preamble, particularly in view of the addition
MS. QUESADA. I would like to explain my vote. of the phrase “to build a just and humane society.
I felt that perhaps the word
was one of those who
THE PRESIDENT. Commissioner Quesada is given “love” should not be placed in the Preamble, but after a
three minutes to explain her vote. mature reflection, I think there is nothing wrong in
enshrining love in our Preamble. Even the Bible says this THE PRESIDENT. The Commissioner is given three
on love: minutes.
I may be able to speak the languages of men and even of

angels, but if I have not love, my speech is no more than a COMMISSIONER ROMULO EXPLAINS HIS VOTE
noisy gong or a clanging bell. I may have the gift of inspired
MR. ROMULO. I vote affirmatively. I only wish to
preaching; Imay have all knowledge and understand all
say that while thesewords and phrases are important, in
secrets; may have all the faith needed to move moun-
will be what our people make
I
the end the Constitution
tains — but if I have not love, I am nothing. I may give
of it. And as has been said by a Justice of the U.S.
away everytliing 1 have, and even give my body to be
up
Supreme Court, “The life of the law does not lie in logic
burned — but if I have not love, it does me no good, xxx
but in experience.”
love does not keep a record of wrongs; xxx.
Finally, do not think there is anything undignified
I
So, I think the insertion of the word “love” is good about the word “love.” It embodies the principle of
for our future leaders who will henceforth have in then- charity in our Constitution, and in a way, it
makes it
minds that they may possess all the qualities of a leader unique, I think. Without seeming to be disrespectful,
let
Brocka
but if they have no love they are still nothing. With the me repeat a remark I made to Commissioner
defined as an
inclusion of the word “love,” it is hoped that there will after his comments. I said that a camel is
animal designed by a committee, and so I am
afraid that
be no more indiscriminate sequestration of properties
which practically condemns an individual before a trial in a deliberative body such as
ours, it is not possible to
poetic expressions because m
which is in violation of the Bill of Rights; that there will get literary brilliance and
concerned with the substance
be no more arbitrary dismissal and ouster of duly the end, we are really more
elected officials and civil service eligibles who are enti- rather than the form.
tled to security of tenure; that there will be no more
Thank you.
sword of Damocles hanging over the heads of members
of the Judiciary who were compelled to tender their THE SECRETARY-GENERAL, reading:
resignations and who do not know whether they will be Sarmiento
Rosales
retained or not; that there will be no more violent dis-
persal of peacefûl rallies and demonstrations of people would like to explain my vote.
MR. SARMIENTO. I
who are exercising their democratic rights to peacefully given

assemble and express their grievances; that there will be THE PRESIDENT. Commissioner Sarmiento is
no more vindictiveness and that there will be total three minutes.

forgiveness, genuine peace and reconciliation; and that
there will be no more vulgar utterances and denuncia-
COMMISSIONER SARMIENTO EXPLAINS
HIS VOTE
tions against anybody which exacerbates political
passions. In other words, the love contemplated in the abstain purely on o""
Preamble, as I perceive it, is a brotherly love under the MR. SARMIENTO. I
f
isnot on the substance but
on
fatherhood of God. ônsultatiom I believe ^hat
tn
participation and democratic of our
Regarding the consultation with our constituencies. in writing the Preamble
- being the^ reflection
Madam President, I consulted my constituents in Laguna national vision, the soul of
our
ka^^ ang
and within my
limited constituency the reactions are tive experiences and sufferings g p|oyee,
the lo V
varied. Some hailed our Preamble as a literary master- magbubukid, the newspaperman ^ ^
piece; others think it is long and redundant; others say the mothers, the fathers,
the
after explaining to them the nuances of the words in- other human rights violations,
be very will
serted in the Preamble that it is pregnant with meaning P ppjg
urban poor should be consulte
.
pf têir
but generally they found it acceptable. happy if deep in their were
humble abode they would
know and^ fgei they
only spectators, m
Madam I told them. that it took us
President, when the tormu
formula-
active participants, not
two sessions to finish the Preamble and that we were
000 for two days tion of this Preamble.
paid P500 a day, which means PI,
work, they said, “V^êll, you were overpaid.” Nonetheless, So I abstain.
I vote yes, Madam President.

THE PRESIDENT. Thank you. THE SECRETARY-GENERAL,
reading.
THE SECRETARY-GENERAL, reading: Suarez
Rigos Romulo .
MR. SUAREZ. May I explain my vote.
Rodrigo given
THE PRESIDENT. Commissioner Suarez is
MR. ROMULO. May I explain my vote? three minutes.

COMMISSIONER SUAREZ EXPLAINS HIS VOTE THE PRESIDENT. Commissioner Tadeo is given
three minutes.
MR. SUAREZ. In connection with the voting on
Second Reading, I abstain. I do not find any substantial
development that would change our minds in this COMMISSIONER TADEO EXPLAINS HIS VOTE
regard. I view the matter with mixed feelings because it MR. TADEO. Kagalanggalang kong kasamang Com-
is very difficult for a Member like me to refrain from missioners:
voting in favor of a Preamble that contains a solid
Hindi tayo inihalal ng bayan. Tayo ay pinili lamang ni
phrase like “establishment of a just and humane so-
Presidente Cory Aquino. Paano natin mapalalakas ang
ciety” and the expression “for the common good.”
However, Madam President, I feel that the Preamble, as kahinaang iyon? Mapalalakas lamang natin ang kahina-
worded, does not express truly the highest ideals and ang ito, ang hindi paghalal sa atin ng bayan, kung bago
aspirations of the Filipino people devoid of romanticism.
tayo gumawa ng Preamble o Panimula ay sumangguni
muna tayo sa mamamayan, makinig at matuto sa kanila,
I abstain, Madam President.
sapagkat bago naman tayo nagsimula ay sumangguni,
nakinig at natuto tayo sa kanila.
Sumulong Tama po iyong sinasabi ni Kasamang Ed at Kasamang
Fely Aquino na inuna natin ang kariton kaysa kalabaw.
MR. SUMULONG. Madam President, my vote is an Una, sinabi ni Commissioner Bias Ople noon, at iyon
abstention. And I would like to say a few words to ang napakahalagang tanong noong araw na iyon na tina-
explain my vote.
talakay natin ang Preamble: Ano ang pagkakaiba ng
Preamble ngayon, sa Preamble noong 1899, 1935 at
1973? Tama ang katanungan. Ano ba ang Panimula na
THE PRESIDENT. Commissioner Sumulong is given
three minutes.
gagawin natin na tutugon sa pangangailangan ng kasalu-
kuyang panahon? At tumugon ang magbubukid; sinabi
\
niyang iyong Divine Providence o Almighty God ay
COMMISSIONER SUMULONG EXPLAINS HIS VOTE gawin nating Diyos ng Kasaysayan o Lord of History.
Gusto namin ang isang Diyos na kasama namin sa kana-
MR. SUMULONG. Thank you.
yunan hanggang sa EDSA, kung saan pinabagsak namin
The Preamble to a Constitution
an epitome; it is a
is ang diktadura, isang Diyos na buhay na buhay na
condensation; it is a synthesis of
is contained in
all that kasama namin. Ayaw namin ang isang Diyos na separate
the entire Constitution. At this moment, sa amin. Gusto namin ang isang Diyos na buhay. The
we do not
know yet how the final consolidated draft of the new God of History was, is, and will always be a living God,
Constitution will come out from our works. We do one who relates to and identifies with the poor, strug-
not
know whether the final and consolidated draft will gles for an abundant life, the Filipino masses, peasants,
faithfully reflect what is stated in the
Preamble now workers, urban poor. As Jesus Christ said. He came not
being submitted to us for a vote. I hope but
that this for the rich, nor for those who in good health,
are
Preamble will harmonize with what will be
contained for the poor and with the promise to give them lif^
in the final and consolidated draft of the
new Consti- material condition so that the people will live life
tution. But if it does not, then I think it will
be our abundantly.
duty to submit the necessary amendments so that the
Preamble will harmonize fully and adequately with Pangalawa, kung iyon lamang Diyos ng Kasaysayan ay
everything that will be included in the new Constitu- ating nailagay, nagsimula tayo sa tamang Simula. Gaya
tion. It is for this reason. Madam President, that ng sinabi ko na noong tumindig ako noon. Iyong de-
I am
constrained to abstain on this matter. mocracy’ kasi na nakalagay dito, mula pa noong 1935
hanggang 1973, ang laging sumusulpot ay elite democra-
Thank you.
cy dahilan dito sa two-party system. Kung ang nailagay
lamang natin dito ay popular democracy, na siyang
magwawasak ng elite democracy, tutugon ang ating
Panimula sa hinihingi ng panahon.
Tadeo THE PRESIDENT. Thank you.
MR. TADEO. Madam President. THE SECRETARY-GENERAL, reading:

Tan
sioner Tadeo? SR. TAN. Madam President, may I explain my vote?
MR. TADEO. Nais ko pong ipaliwanag ang aking boto THE PRESIDENT. Commissioner Tan is given three
na no. minutes to explain her vote.
COMMISSIONER TAN EXPLAINS HER VOTE because the recent revolution was a demonstration of
love. Of the words faith, hope and love, the greatest is
SR. TAN. With due respect, I register a negative
all
love. We could say that truth, justice, freedom, equality,
vote. I feel the Preamble does not convey in word or and peace are also the word “love.” So, it is beautiful
sense the soul of a people that has gone through decades that we have placed it there.
of tyranny, protest, suffering and courage. Perhaps were
this Preamble written after the public hearings and after
Madam President, again, my vote is yes.
the main body of the Constitution had been written,

there would have been greater possibility to bear this
imprint and specificity. There was no substantial reason
for such haste, at what price.
Trefias Uka
Thank you.
THE SECRETARY-GENERAL, reading: sioner Uka?
Tingson
MR. UKA. May I explain my vote for a few minutes?
MR. TINGSON. Madam President, may I explain my Commissioner Uka given three
THE PRESIDENT. is
vote?
THE PRESIDENT. Commissioner Tingson is given

COMMISSIONER UKA EXPLAINS HIS VOTE
three minutes to explain his vote.
MR. UKA. I would like to insert the word BROTHER-
I retain the
VOTE OOD between “freedom” and “love.”
COMMISSIONER TINGSON EXPLAINS HIS
ord “love” because love is very
appropriate
greatest men of God
MR. TINGSON. vote yes because I begin with the
I ecessarv It was preached by the
thing^ This is the second
premise that we in this august body are supposed to ad love is a many-splendored
eek we are working on the
Preamble We are abou^^ o
compose at least a collective prayer on behalf of our meaningful Preamb .
suffering people. Next, 1 begin with the premise that we pprove the beautiful and
body, I would read it:
are mandated to give leadership and articulate the goals, le kind permission of the
imploring the aid of
the aims and the purposes for which we should draft Wethe sovereign Filipino people,
this new Constitution. We are going out for public hear- and humane society and
Almighty God, to build a just
our ideals an
ings, therefore, the Preamble that we have composed establish a Government that shall embody
will give the people an idea of what the ideals, purposes, aspirations, promote the
-common good, conserve a
ou^
and goals of the Constitutional provisions will be that secure to ourselves and
develop our patrimony, and
they will be discussing with us. That is why we are going posterity the blessings of
democracy
we approve this Preamble. We will of truth, justice, freedom,
’
to the provinces after and a regime

promulgate
tell the people that we all want to build a just and equality and peace, do
hereby ordain and
love,
humane society. We have articulated that matter for this Constitution. •
them — that we want to establish a government that word BROTHERHOOD js

vote yes provided the
shall embody our ideals and aspirations. We will further
I
abstain. But on second thought,
.eluded; Chemise. I
articulate that and bring the matter to them these
vote yes now.
coming weekends.
Likewise, this august body would like to help pro-
mote the common good through this Constitution and THE PRESIDENT. Thank you.
secure to ourselves the blessings of democracy, the rule
reading.
of law, truth, justice, freedom, love, equality and peace. THE SECRETARY-GENERAL,
Madam President, voting
I am because with this ViUacorta
Preamble which I hope we will approve, we are helping may I explain
MR. VILLACORTA. Madam
President,
the people write provisions into our Constitution in an
intelligent manner.
vote I because there is the word my vote?
“God” in this Preamble. There are many people today given
THE PRESIDENT. Commissioner ViUacorta is
who no longer know how to spell “God.” They do not vote.

three minutes to explain his
spell “God” but G-o-l-d. That is why
as G-o-d I like
the inclusion of the word “God” in this Preamble. COMMISSIONER VILLACORTA
We are reminded by the Scriptures that man does not EXPLAINS HIS VOTE
live on bread alone. I am voting because of the
indescribable lovely word “love.” There is nothing MR VILLACORTA. The proposed Preamble has
Lor the fust
wrong in incorporating that word into our Constitution some laudable and unprecedented features.
time, we are unabashed in acknowledging the Almighty THE SECRETARY-GENERAL, reading:

God. We also now speak of a just and humane society. Alonto Ople
However, I am voting against the proposed Preamble for Colayco
the following reasons:
First, we are passing a constitutional provision with- APPROVAL OF PROPOSED RESOLUTION NO. 72
out the benefit of a single public hearing in the name of ON THIRD READING
expeditious deliberations and contrary to the stipulation (Adopting a Preamble to the Constitution)
of Proclamation No. 9 and the unmistakable mandate
that was handed down to us: that not a single word in
THE PRESIDENT. The results show 26 votes in
this new Constitution will be adopted without consult-

favor, 9 against and 8 abstentions.
ing the people. Resolution No. 72, as amended, is approved on Third
Reading.*
Second, even among ourselves, we have not fully
exhausted our discussions on fundamental concepts
REV. RIGOS. Parliamentary inquiry. Madam Presi-
such as justice and democracy. Many of us who had mis-
dent.
givings about this constitutional proposal failed to air
these, either because we were novices in parliamentary THE PRESIDENT. Commissioner Rigos is recognized.
technicality, or because we were not quick or loud- REV. RIGOS. would whether we
I like to inquire
voiced enough to catch the attention of the Chair, or approved Resolution No. 72 or Committee Report
because we were preempted from talking by esoteric No. 1 or are they one and the same thing?
rules of order or untimely motions for adjournment.
Third, the Preamble contains the concept of love, THE PRESIDENT. Resolution No. 72 is the one that
which though laudable and idealistic, simply has no was voted upon, the same as Committee Report No. 1
place in a human Constitution. For while we can speak

of “a regime of truth, justice, freedom, equality and MR. BENGZON. Madam President.
peace,” since a constitution can provide for the realiza-
tion of all these desiderata, we cannot legislate or consti-
THE PRESIDENT. Is there any other business?
tutionalize “love.” Love is spontaneous, a personal
feeling and no instrument of the state can encourage, Commissioner Bengzon is recognized.
much less engineer it. To speak of a regime of love is, to
my mind, presumptuousness of the highest order. MR. BENGZON. May I just inform the body that the
Steering Committee has already finished the schedules
Fourth, the Preamble should not only embody the
for committee hearings. So, each one will receive his
spirit of the Constitution. It should also
provide the copy of the schedules from the Office of the Secretary-
ideological as well as historical context in which
the General. We now have the printout from the computer.
fundamental law was framed. The reason why we are all
here in this hall is the People’s Revolution of 1986.
We have the schedules of committee meetings and hear-
If ings from June 16 to July 3. There is a schedule on
only for this fact, there should have been at the very
July 4, just in case some committees would want to
least, some reference to the people’s struggle for free-
meet despite that day being a holiday.
dom and its No mention is there in
timeless significance.
the Preamble of this monumental chapter of our nation- By the way, the copies of the schedules are here
al history which later generations of Filipinos could already for distribution.
cherish, take pride in and draw inspiration from. The
enshrining of the People’s Revolution in the Preamble THE PRESIDENT. Will the Steering Committee
could have been a lasting symbol and effective reminder entertain any amendments or corrections?
that never again will despotism reign in our country.
For these reasons. Madam President, I protestingly MR. BENGZON. Madam President, we, together
vote in the negative. with the Secretariat, found it difficult to adjust
our
schedules. At any rate, we were able to accommodate
THE PRESIDENT. Thank you. about 95 percent of the preferences. It is only the Com-
mittee on Human Resources and the Committee on
THE SECRETARY-GENERAL, reading: Constitutional Commissions that have some changes. We
are sorry we had to schedule Commissioner Foz at eight
Villegas Yes
o’clock in the morning.
SECOND ROLL CALL

THE PRESIDENT. The Secretary-General will
conduct a second call for those who have not registered THE PRESIDENT. The session is suspended.
their votes. It was 4:59 p.m.
*Sec Appendix
RESUMPTION OF SESSION proper corrections, the Office of the Secretary-General

would have a hard time in editing the Record. I under-
stand that the Secretary-General’s office is really
burdened with so much work. In order that our Record
THE PRESIDENT. The session is resumed. will be complete, I suggest that this be complied with.
I would summarize the voting again. There is a
like to
slight correction. The
results show 27 votes in favor, 9 THE PRESIDENT. The Secretary-General will take
against, and 8 abstentions. This makes a total of 44 note of that.
votes. The President did not vote. There are three Com-
missioners who are absent. That makes 48 all in all. MR. MAAMBONG. Thank you. Madam President.
MR. CALDERON. Madam President, I request that THE PRESIDENT. Is there any other business?
Commissioner Maambong be given the floor.
THE PRESIDENT. Commissioner Maambong is

Commissioner Bengzon recog-
THE PRESIDENT. is
recognized. nized.
MR. MAAMBONG. Madam President, I rise on a

MR. BENGZON. There isa little oversight here. The
point of parliamentary inquiry. Committee on Citizenship, Bill of Rights, Political
Human Rights has informed
Rights and Obligations and
THE PRESIDENT. Yes, what the parliamentary finished their work and that
is
Tie that the members have
public hearings in the event
inquiry? they are just waiting for the
that there may be some
changes. So, I would Itke to
MR. MAAMBONG. According to Section 58 of our this Committee be from
state that the meeting time for
Rules, which I understand would now be Section 59 due aL
to the insertion of Section 27, the Rodrigo amendment,

copies of the speeches or interpellations made by Mem-
bers of the Commission will be given by the Secretary-
we adjourn until
General back to the Commissioners who made them for MR. CALDERON. I move that
revision within three days. afternoon.
tomorrow at five o’clock in the
THE PRESIDENT. That adjourned until

is right.
THE PRESIDENT. The session is
afternoon.
tomorrow at five o’clock in the
MR. MAAMBONG. I would like to know if this has
we cannot make the It was 5:08 p.m.
been complied with, because if
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R.C.C. NO. 12
OPENING OF SESSION SUSPENSION OF SESSION

THE PRESIDENT. The session is suspended for a few
minutes.
Munoz Palma, opened the session.
It was 5:14 p.m.
NATIONAL ANTHEM At 5:15 the session was resumed with the
p.m.,
THE PRESIDENT. Everybody will please rise to sing Honorable Francisco A. Rodrigo presiding.
Rodrigo). The
Everybody rose to sing the National Anthem. THE PRESIDING OFFICER (Mr.
session is resumed.
standing for the Prayer to be led by the Honorable roll CALL
Roberto C. Concepcion. The
Rodrigo).
Everybody remained standing for the Prayer. THE PRESIDING OFFICER (Mr.
call the roll.
Secretary-General will please
PRAYER THE SECRETARY-GENERAL, reading:

... Present
MR. CONCEPCION. God Almighty and Fountain of Abubakar Absent Natividad .
Absent
all blessings, we thank Thee for the honor of being Alonto Present* Nieva
Present
Members of this Constitutional Commission. Aquino Present NoUedo . . . •
Present
Azcuna Present Ople
Help us capture the spirit of the fateful days of Padilla
Present
Bacani Present
February 22 to 25 when we found our national identity. Quesada •
Present
Bengzon Present* . . .
We are filled with pride at being Filipinos and have Present Rama .
Present
Bennagen
developed a renewed faith in our capacity to govern Regalado ....
Present*
Bernas Present
ourselves. Present
Present Reyes de los . . .
Rosario Braid . . .
Present
Infuse in us the essence of a truly representative Brocka Present* Rigos
Present
democracy, which is founded upon a recognition of the Calderon Present Rodrigo ....
Present
extraordinary potentialities of the ordinary man, relies Castro de Present Romulo ....
Present
upon the majority rule, and upholds the rights of Colayco Present Rosales
Sarmiento . .
Present
minorities. Concepcion .... Present
. . .
Present
Present Suarez
Guide us in the awesome task of fashioning our basic Davide
Present
Sumulong . . . .
political structure,with a government deriving its Present

Present Tadeo . .
powers from the governed, always responsive to the will Garcia

Present
Present Tan .
. .
of the people and subject, at all times, to their authority Gascon

Present
Present* Tingson . . . . . .
as sole repositories of state sovereignty. Guingona

Trehas Present
Present . .
Jamir
Give us the light to ensure full protection of human Present* Uka . .
Present
Laurel
rights without any limitations or restrictions except Present Villacorta . . . .
Present
Lerum
only those clearly demanded by the defense or survival .... Present* Villegas . .
Present
Maambong
of those very human rights. Present
Monsod
This we humbly beseech Thee.
In the name of the Father, the Son, and the Holy
Spirit. Amen. The roll call shows 39 Members responded to the call.

THE PRESIDENT. The Chair declares the presence of TIONS FOR APPOINTMENTS TO THE JUDICIARY,
a quorum. AMENDING FOR THAT PURPOSE SECTION 3 OF
The Assistant Floor Leader is recognized. ARTICLE X OF THE 1973 CONSTITUTION.
APPROVAL OF JOURNAL To the Committee on the Judiciary.
MR. CALDERON. Mr. Presiding Officer, I move that Proposed Resolution No. 145, entitled:
we dispense with the reading of the Journal of the RESOLUTION INCREASING THE SALARIES OF JUS-
previous session and that we approve the same.
TICES AND JUDGES AND PROVIDING THAT THE
SAME CANNOT BE DIMINISHED IN ANY MANNER.
any objection? (Silence) The Chair hears none; the Introduced by Hon. Davide, Jr.
motion is approved. To the Committee on the Judiciary.
MR. CALDERON. Mr. Presiding Officer, I move that Proposed Resolution No. 146, entitled:
we proceed to the Reference of Business.
RESOLUTION ON THE SPECIFICITY AND REQUISITES
FOR THE EXERCISE OF THE POWER OF THE
THE PRESIDING OFFICER SUPREME COURT TO DECLARE THE UNCONSTITU-
any objection? (Silence) The Chair hears none; the TIONALITY OR INVALIDITY OF TREATIES, EXECU-
motion is approved. TIVE AGREEMENTS AND LAWS.
The Secretary-General Introduced by Hon. Regalado.
Business. To the Committee on the Judiciary.
REFERENCE OF BUSINESS Proposed Resolution No. 147, entitled:

RESOLUTION PROVIDING FOR THE REQUISITES FOR
THE IMPOSITION OF THE DEATH PENALTY IN
Resolutions on First Reading and Communications, the
CRIMINAL CASES BY THE SUPREME COURT.
Presiding Officer making the corresponding references:
Introduced by Hon. Regalado.
PROPOSED RESOLUTIONS ON FIRST READING To the Committee on the Judiciary.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- RESOLUTION TO INCLUDE IN THE NEW CONSTITUTION
TUTION PROVISIONS ON NATIONAL DEFENSE AND AN ARTICLE PROVIDING THE PROCEDURE FOR ITS
SECURITY AND THE POLICE FORCE TO ENSURE AMENDMENTS.
THAT THE OFFICERS AND MEN OF THE ARMED Introduced by Hon. Suarez and Jamir.
FORCES SHALL OWE LOYALTY TO NO ONE EXCEPT
TO THE PEOPLE AND THE CONSTITUTION AND TO To the Committee on Amendments and Transitory
Provisions.
ENHANCE THEIR HIGH MORAL STANDARDS, AND
TO SEPARATE THE POLICE FORCES FROM THE
MILITARY AND RETURN ITS CONTROL AND AD-
MINISTRATION TO LOCAL GOVERNMENTS. RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION A SECTION IN THE TRANSITORY PROVI-
SION FIXING THE TERM OF THE INCUMBENT PRESI-
To the Committee on General Provisions. DENT AND VICE-PRESIDENT OF THE PHILIPPINES.
Proposed Resolution No. 143, entitled: Introduced by Hon. Bengzon, Jr.
RESOLUTION PROHIBITING COURTS FROM ISSUING To the Committee on Amendments and Transitory
MINUTE RESOLUTIONS, AMENDING FOR THE PUR- Provisions.
POSE SECTION NINE OF ARTICLE TEN OF THE 1973
CONSTITUTION. Proposed Resolution No. 150, entitled:
Introduced by Hon. Davide, Jr. RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION A PROVISION FIXING THE TERM OF OFFICE
OF THE MEMBERS OF THE PHILIPPINE CONGRESS/
Proposed Resolution No. 144, entitled: NATIONAL ASSEMBLY.
RESOLUTION TO INCORPORATE IN THE CONSTITU- Introduced by Hon. Bengzon, Jr.
TION A PROVISION INCREASING THE QUALIFICA- To the Committee on the Legislative.

Proposed Resolution No. 151, entitled: LEGE OF THE WRIT OF HABEAS CORPUS OR TO DE-
CLARE MARTIAL LAW BY PROVIDING FOR THE
RESOLUTION TO LIMIT THE POWER OF THE PRESI-
CONCURRENCE OF THE NATIONAL ASSEMBLY, RE-
DENT TO DECLARE MARTIAL LAW OR SUSPEND THE
VIEW BY THE SUPREME COURT UPON A WRIT OF
WRIT OF HABEAS CORPUS TO THIRTY DAYS ONLY
AMPARO, AND OTHER LIMITS.
UNLESS AUTHORIZED BY CONGRESS/NATIONAL
ASSEMBLY FOR A LONGER PERIOD. Introduced by Hon. Azcuna.
Introduced by Hon. Bengzon, Jr. To the Committee on the Executive.

Proposed Resolution No. 152, entitled: RESOLUTION PROPOSING TO CONFER ON THE SU-
RESOLUTION TO PROVIDE LIMITS TO THE EXERCISE PREME COURT JURISDICTION TO REVIEW VIOLA-
OF MARTIAL LAW POWERS BY THE EXECUTIVE. TIONS OF THE CONSTITUTION BY THE PETITION
FOR A WRIT OF AMPARO.
Introduced by Hon. Romulo.
RESOLUTION PROPOSING THE CREATION OF A JUDI-
CIAL COUNCIL. RESOLUTION TO INCLUDE IN THE BELL OF RIGHTS

CERTAIN RIGHTS IN BEHALF OF VICTIMS OF
Introduced by Hon. Romulo.
CRIMES.
Bill of Rights,
Proposed Resolution No. 154, entitled: To the Committee on Citizenship,
Political Rights and Obligations
and Human Rights.
RESOLUTION TO LIMIT THE POWER TO ISSUE SEARCH
AND ARREST WARRANTS TO JUDGES. entitled:
roposed Resolution No. 161,
Introduced by Hon. Romulo. ARTICIi
resolution PROVIDING FOR A SEPARATE
the Committee on Citizenship, Bill of
Rights, REFERENDUM,
To ON SUFFRAGE, INITIATIVE AND
Rights and Obligations and Human Rights.
Political
and RECALL.
Reyes, Jr.
Proposed Resolution No. 155, entitled: Introduced by Hon. de los
RESOLUTION PROPOSING PRESIDENTIAL POWER TO To the Committee on
Citizen^
DISSOLVE THE NATIONAL ASSEMBLY UNDER CER-
TAIN CONDITIONS.
entitled:
Introduced by Hon. Azcuna. jposed Resolution No. 162,
Proposed Resolution No. 156, entitled: EDUCATION IN THE COUNTRY.

RESOLUTION PROPOSING A SIX-YEAR TERM OF THE Introduced by Hon.
Rosario Braid.
PRESIDENT, PROHIBITING IMMEDIATE RE-ELEC- Human Resources.
To the Committee on
TION, AND PROVIDING FOR A POSSIBLE MID-TERM
ELECTION. entitled:
oposed Resolution No. 163,
the Committee on the Executive.
RESOLUTION ENSURING
pnnTiTMTTY TO EDUCATION TO
ALL ÊNS
To AND OTHER
THRoS SCHOLARSHIPS, GRANTS
Pj.QpQg 0 (j Resolution
No. 157, entitled. SUPPORT SYSTEMS.
RESOLUTION PROPOSING THE POWER OF
THE NA- Introduced by Hon. Rosario
Braid.
SPECIAL MID-TERM
TIONAL ASSEMBLY TO CALL
ELEC-
PRESIDENTIAL AND VICE-PRESIDENTIAL
TIONS. oposed Resolution No. 164, entitled.
RESOLUTION PROVIDING THAT MEDIA
OF
Introduced by Hon. Azcuna. AN^R
CATION SHALL PROMOTE, STRENGTHEN
To the Committee on the Legislative. IDEN
TECT OUR NATIONAL CULTURAL
,
FOSTER CONSTRUCTIVE VALUES,

CUSTOMS AW
TO THE CUU
TRADITIONS AND AFFORD RESPECT
THE
RESOLUTION PROPOSING RESTRICTIONS ON TURE OF NATIONAL MINORITIES.
POWER OF THE PRESIDENT TO SUSPEND THE PRIVI-
176 WEDNESDAY, UNE J 1 8, 1 986
Introduced by Hon. Rosario Braid. and Dr. Aquilino B. Esguerra, transmitting proposals for
To the Committee on General Provisions. the protection of Filipino mothers and children.
Proposed Resolution No. 165, entitled: of 1986)
RESOLUTION PROVIDING FOR THE RECOGNITION OF To the Committee on Preamble, National Territory, and
THE RIGHT OF THE PEOPLE TO HAVE ACCESS TO Declaration of Principles.
INFORMATION OF PUBLIC CONCERN AS WELL AS
TO UNFETTERED PARTICIPATION IN THE DISSEM- Letter from Honorable Celerina G. Gotladera, Officer-
INATION OF INFORMATION. in-Charge, Civil Service Commission, transmitting pro-
Introduced by Hon. Rosario Braid. posals bearing on the Civil Service.
To the Committee on Citizenship, Bill of Rights, (Communication No. 18 — Constitutional Commission

Political Rights and Obligations and Human Rights. of 1986)
Proposed Resolution No. 166, entitled: To the Committee on Constitutional Commissions and
Agencies.
RESOLUTION PROVIDING FOR A DECENTRALIZED
SYSTEM OF FORMULATING EDUCATIONAL POLI- Letter from the PLUM Federation signed by Messrs.
CIES AND PROGRAMS WITH THE BROADEST PAR-
Jesus P. Robleza and Salvador A. Purisima, proposing
TICIPATION OF ALL SECTORS OF THE COMMUNITY.
provisions on free choice of employment; just and fair
Introduced by Hon. Rosario Braid. conditions of work; a unicameral legislature; creation
To of a People’s Tribune to nominate judicial and executive
the Committee on Human Resources.
officers; limiting to Filipinos the exploitation of natural
Proposed Resolution No. 167, entitled: resources and operation of public utilities; use of govern-
RESOLUTION TO DECLARE RURAL DEVELOPMENT AS ment funds for social services; and the inclusion of labor
A PRIMARY OBLIGATION OF THE STATE. and industrial relations courses in all levels of education.
Introduced by Hon. Rosario Braid. (Communication No. 19 — Constitutional Commission

of 1986)
Services.
Proposed Resolution No. 168, entitled: THE PRESIDING OFFICER (Mr. Rodrigo). The
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Assistant Floor Leader is recognized.
TUTION A PROVISION REQUIRING THE STATE TO
INSURE THAT THE MEMBERS OF THE FACULTY AND MR. CALDERON. May I request that Commissioner
THE STUDENT BODY OF AN INSTITUTION OF HIGH- Tingson be recognized.
ER LEARNING SHALL ENJOY FULL AUTONOMY
FREEDOM FROM ALL POLICE AND MILITARY SUR- THE PRESIDING OFFICER (Mr. Rodrigo). Commis-
VEILLANCE AND HARASSMENT, FULL ACCESS TO sioner Tingson is recognized.
INFORMATION ABOUT INSTITUTIONAL AND PUB-
LIC AFFAIRS, AND THE RIGHT TO PARTICIPATE IN MR. TINGSON. Mr. Presiding Officer, on the desk of
THE MAKING OF POLICY AND IN THE MANAGEMENT everyone of the honorable Commissioners is a copy of a
OF THE INSTITUTIONS OF LEARNING TO WHICH personalized Good News Bible which is a loving gift
THEY ARE A PART. from the Philippine Bible Society which has existed in
our country since the year 1899. On behalf of my
Introduced by Hon. Sarmiento and Gascon.
colleagues in this Commission, I would like to express
To the Committee on Human Resources. our gratitude for this beautiful gift which is indeed a

commendable gift to receive today as expressed by
Commissioner Tan to me a while ago.
RESOLUTION PROVIDING ADDITIONAL SAFEGUARDS
The present Chairman of the Philippine Bible Society
TO THE CIVIL RIGHTS OF INDIVIDUALS VERSUS is Ambassador Emmanuel Pelaez, who is also our Am-
THE GOVERNMENT. bassador to Washington, D.C.; the Vice-Chairman, who
Introduced by Hon. Tadeo and Tan. is present in our hall today, is Bishop George Castro;
To the Corporate Secretary is Justice Jose Feria; and the

the Committee on Citizenship, Bill of Rights,
members of the board are Dr. Saturnino P. Garcia and
Mr. Johnny K. Sy. The head or the Chairman of the
Translation Committee is none other than Monsignor
COMMUNICATIONS Moises Andrade, Jr.
Letter from the Maternal and Child Health Association May I also mention that aside from these officers,
ot the Philippines (MCHAP) signed by Dr. Fe del Mundo
present in our midst today are the following manage-
ment Medarlo Rivera, General Secretary;

officers: Mr. THE PRESIDING OFFICER (Mr. Rodrigo). Is there
Mr. Querubin Canlas, Jr., head of the Communications any objection? (Silence) The Chair hears none; the
and Development Section; and Messrs. Dominador motion is approved.
Lorente and Gaylord Massido, staff representatives. Our The Assistant Floor Leader is recognized.
own Commissioner Cirilo Rigos was President of the
Philippine Bible Society for two consecutive terms MR. CALDERON. There is no business at hand, so I
immediately preceding the presidency of Ambassador thinkwe better suspend the session or adjourn.
Emmanuel Pelaez.
This particular copy, Mr. Presiding Officer, has the
does the Assistant Floor Leader say?
imprimatur of His Eminence, Jaime Cardinal Sin.
The Bible, according to the Gideons, contains the
mind of God, the state of man, the way of salvation, the
doom of sinners, and the happiness of believers. Its MR. CALDERON. I move that we suspend the
doctrines are holy; its precepts are binding; its histories session for five minutes.
are true; and its decisions are immutable. Read it to be
wise; believe it to be safe; and practise it to be holy. THE PRESIDING OFFICER (Mr. Rodrigo). The
It contains light to direct you, food to support you, and session is suspended for five minutes.
comfort to cheer you.
It was 5:32 p.m.
It is the traveller’s map, the pilgrim’s staff, the
pilot’s compass, the soldier’s sword, and the Christian’s RESUMPTION OF SESSION
charter. Here, paradise is restored, heaven opened, and
the gates of hell disclosed. At 5:35 p.m., the session was resumed.
Christ is its grand subject, our good its design and the Rodrigo). The
glory of God its end. It should fill the memory, rule the
session is resumed.
heart and guide the feet. We should read it slowly,
frequently and prayerfully. It is a mine of wealth, a
MR. CALDERON. Mr. Presiding Officer.
paradise of glory and a river of pleasure. It is given us in
life, will be opened at the judgment and be
remembered Rodrigo). The
forever.
Assistant Floor Leader is recognized.

It involves the highest responsibility, for it will
who that Commissioner
reward the greatest labor and will condemn all MR. CALDERON. I request
trifle with its sacred contents. Tingson be recognized.
May then say and repeat, on behalf of everybody (Mr. Rodrigo). Com
I
here, a big thank you, maraming salamat po to the recognized.
missioner Tingson is
Philippine Bible Society.
Thank you. (Applause) MR. TINGSON. Mr. Presiding
is, regarding
my
e small request, and that
the Committee
THE PRESIDING OFFICER (Mr. Rodrigo). The ). 70 that was referred to move
Dvisions By their advice and at my request, I
Assistant Floor Leader is recognized. the Committee on

^rlTy reSiution be referred to
Territory, and Declaration
;amble. National
MR. CALDERON. I request that Commissioner
Romulo be recognized.
Chair hears none; the
THE PRESIDING OFFICER (Mr. Rodrigo). Com- any objection? (Silence) The
missioner Romulo is recognized. motion is approved.

MR. ROMULO. Mr. Presiding Officer, I move that
Constitutional Commission approve The
the Members of the THE PRESIDING OFFICER (Mr. Rodrigo).
a resolution,
appropriately worded by the Committee Assistant Floor Leader is recognized.
on Style, extending our condolence and sympathy
to
our Vice-President and colleague Ambrosio Padilla on

the recent loss of his distinguished brother, the late
Justice Sabino Padilla. MR. CALDERON. To Members a chance
afford the
that we
to attend the committee meetings, I move
adjourn until tomorrow at five o’clock in the afternoon.
MR. ALONTO. I second the motion.
THE PRESIDING OFFICER (Mr. Rodrigo). Is there the afternoon.

session is adjourned until tomorrow at five o’clock in It was 5:36 p.m.
R.C.C. IMO. 13
Padilla Present
OPENING OF SESSION Rosario Braid . . . Present . .
Present
Brocka Present Quesada .... . .
Calderon Present Rama . . Present

At 5:10 p.m., the President, the Honorable Cecilia Regalado .... Present
Castro de Present . .
Munoz Palma, opened the session. Reyes de los Present

Colayco Present . . .
Rigos Present
Concepcion .... Present . .

Present Rodrigo .... . . Present
Davide
Romulo .... . . Present
Foz Present
NATIONAL ANTHEM Garcia Present Rosales . . Present
Sarmiento . . . . . Present
Guingona Present
Jamir Present Suarez . . Present
the National Anthem. Sumulong . . . Present
Laurel Absent . .
Present
Everybody rose to sing the National Anthem. Lerum Present* Tadeo . .
Tan . . Present
Maambong .... Present
Present
THE PRESIDENT. Every Dody will please remain Monsod Present Tingson .... . .
Present
standing for the Prayer to be led by the Honorable Trenas .
Natividad Present
Present
Jose C. Colayco. Nieva Absent Uka .
Present
Nolledo Present ViUacorta . . .
Everybody remained standing for the Prayer. Present

Ople Present Villegas
PRAYER The President is present.

to the call.
MR. COLAYCO. begin our invocation with a
Let me
quotation from Matthew, Chapter 18:20: “For
where presence of
am
two or three are gathered in My name, I there in the
a quorum.
midst of them.”
Almighty God, our Heavenly Father, Source of
all SUSPENSION OF SESSION
join us
goodness and wisdom, come, we beseech Thee, suspended.
who are gathered here this afternoon, and guide our

deliberations towards the framing of the new was 5:23 p.m.
Constitu- It
tion of our people.

that
resumption of SESSION
Enlighten our minds and strengthen our will so
our the session was
resumed with the
we may overcome our shortcomings and transcend At 5:38 p.m.,
presiding.
personal differences. Honorable Hilario G. Davide, Jr.
Make us Your instruments in writing a constitution Davide). The
that will reflect our aspirations and promote
the com- THE PRESIDING OFFICER (Mr.
resumed.
mon good of our country and our people. Amen. session is
recognized.
The Assistant Floor Leader is
ROLL CALL
APPROVAL OF JOURNAL
will please
THE PRESIDENT. The Secretary-General
MR. CALDERON. Mr. Presiding
call the roll. session be
e reading of the Journal
of the previous
spensed with and that the same
be approve
Bacani Present
Abubakar Present (Mr. Davide). Is there
Present Bengzon Present THE PRESIDING OFFICER
Alonto The Chair hears none; the
Aquino Present Bennagen Present y objection? (Silence)
approved.
Present Bernas Present urnal of the previous session is
Azcuna
MR. CALDERON. Mr. President, before we go to the Introduced by Hon. Rigos.

Reference of Business, I move that we defer considera-
tion of Committee Report No. 3 on page 8 until after
July 7 and that the Committee on Preamble, National
Territory, and Declaration of Principles submit an
amended and supplemental report later.
THE PRESIDING OFFICER (Mr. Davide). So, this TUTION A PROVISION ESTABLISHING A PURELY
particular item will appear in the Order of Business CIVILIAN PHILIPPINE NATIONAL POLICE WHICH
after July 7. SHALL BE ADMINISTERED BY THE NATIONAL
Is there any objection? (Silence) The Chair hears POLICE COMMISSION.
none; the motion is approved. Introduced by Hon. Natividad, Ople, Maambong and
de los Reyes, Jr.
MR. CALDERON. Mr. President, I move that we now
proceed to the Reference of Business. To the Committee on General Provisions.
THE PRESIDING OFFICER (Mr. Davide). Is there
motion is approved. RESOLUTION TO INCORPORATE INTO THE BILL OF
The Secretary-General RIGHTS A PROVISION RECOGNIZING AND DEFEND-
Business.
ING THE RIGHT TO LIFE OF THE UNBORN HUMAN
EMBRYO.
REFERENCE OF BUSINESS Introduced by Hon. Quesada, Romulo, Sarmiento,
The Secretary-General read the following Proposed Villegas, Colay co and Bengzon, Jr.
Resolutions on First Reading and Communications, the To the Committee on Citizenship, Bill of Rights,
Presiding Officer making the corresponding references: Political Rights and Obligations and Human Rights.

Proposed Resolution No. 170, entitled: RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
RESOLUTION TO INCORPORATE UNDER THE NEW
establish a genuine AUTONOMOUS GOVERN-
CONSTITUTION A PROVISION AUTHORIZING THE
SUPREME COURT TO LOOK INTO THE FACTUAL
MENT IN THE CORDILLERA REGION WITHIN A
BASIS IN THE DECLARATION OF MARTIAL LAW OR
DEMOCRATIC AND SOVEREIGN FILIPINO NATION.
SUSPENSION OF THE WRIT OF HABEAS CORPUS BY Introduced by Hon. Bennagen and Rosario Braid.
THE PRESIDENT. To the Committee on Local Governments.
To Proposed Resolution No. 177, entitled:

the Committee on the Judiciary.
RESOLUTION PROVEDING THAT THE STATE SHALL
PROMOTE THE PROPER ACQUISITION OF APPRO-
RESOLUTION THAT A BROAD WORKING DEFINITION PRIATE TECHNOLOGY, ITS EFFECTIVE MANAGE-
OF “SOCIAL JUSTICE” BE ADOPTED. MENT, UTILIZATION AND CONTROL.
Introduced by Hon. Villegas, Sarmiento and Rosario Introduced by Hon. Rosario Braid.
Braid.
To the Committee on Social Justice and Social Ser-
vices. Proposed Resolution No. 178, entitled:
Proposed Resolution No. 172, entitled: RESOLUTION DECLARING THE AUTONOMY OF RE-
RESOLUTION TO INCORPORATE IN THE DECLARATION GIONAL AND LOCAL GOVERNMENT UNITS AS THE
OF PRINCIPLES AND STATE POLICIES PROVISIONS BASIC FRAMEWORK OF THE POLITICAL STRUCTURE
UPHOLDING THE TIME-HONORED PRINCIPLES OF OF THE STATE.
THE SEPARATION OF CHURCH AND STATE. Introduced by Hon. Rosario Braid.
Introduced by Hon. Rigos. To the Committee on Local Governments.
RESOLUTION TO INCLUDE IN THE DECLARATION OF
RESOLUTION TO INCORPORATE IN THE CONSTITU- PRINCIPLES THE STATE’S COMMITMENT TO PRO-
TION A PROVISION PROVIDING FOR THE RIGHTS OF MOTE AND PROTECT THE WELFARE, RIGHTS AND
CHILDREN AND YOUTH. INTERESTS OF WOMEN AND THE YOUTH.
Introduced by Hon. Rosario Braid. Introduced by Hon. Nolledo.

To the Committee on Preamble, National Territory, To the Committee on Preamble, National Territory,
and Declaration of Principles. and Declaration of Principles.
RESOLUTION MANDATING COOPERATIVISM AS A RESOLUTION TO INCLUDE IN THE DECLARATION OF
BASIC PRINCIPLE OF NATIONAL DEVELOPMENT, PRINCIPLES A PROVISION THAT THE STATE RECOG-
COOPERATIVES AS ITS VEHICLE, THE ESTABLISH- NIZES THE DIGNITY OF THE HUMAN PERSONALITY
MENT OF THE NECESSARY CONDITIONS THEREFOR, AND GUARANTEES FULL RESPECT FOR HUMAN
AND CREATION OF A NATIONAL COOPERATIVE RIGHTS.
AND LAND REFORM AUTHORITY. Introduced by Hon. Nolledo.
Territory,
Introduced by Hon. Rosario Braid. To the Committee on Preamble, National
To the Committee on Social Justice and Social and Declaration of Principles.
Services.
RESOLUTION TO PROVIDE IN THE DECLARATION OF
PRINCIPLES THAT THE STATE SHALL ESTABLISH,
resolution to ELIMINATE DISCRIMINATION AS A MAINTAIN AND ENSURE ADEQUATE SOCIAL SER-
barrier to work opportunities. VICES IN THE FIELDS OF EDUCATION, HEALTH,
Introduced by Hon. Rosario Braid. HOUSING, UNEMPLOYMENT, WELFARE AND SOCIAL
and Social SECURITY DM ORDER TO ATTAIN A DECENT STAN-
To the Committee on Social Justice
DARD OF LIVING FOR OUR PEOPLE.
Services.
the Committee on Preamble,
National Territory,
Proposed Resolution No. 182, entitled: To
RESOLUTION PROVIDING FOR A CONSTITUTIONAL and Declaration of Principles.
PROVISION ON LOCAL GOVERNMENTS.
Introduced by Hon. Tingson. ON JUDI-
RESOLUTION TO ENSHRINE IN THE ARTICLE
the Committee on Local Governments. RULES
To CIARY OF THE NEW CONSTITUTION ETHICAL
OF MEMBERS
ON QUALIFICATIONS AND CONDUCT
Proposed Resolution No. 183, entitled: OF THE JUDICIARY.
resolution to provide in the new constitution Introduced by Hon. Nolledo.
THAT THE SPOUSE OF THE PRESIDENT OR ANY PER- To the Committee on the Judiciary.
SON RELATED TO THE PRESIDENT WITHIN THE
THIRD DEGREE OF CONSANGUINITY OR AFFINITY roposed Resolution No. 189, entitled:
SHALL NOT BE APPOINTED TO THE CABINET. CONSTITUTION
RESOLUTION TO PROVIDE IN THE
Introduced by Hon. Nolledo. FUNDS SHALL BE
THAT DISCRETIONARY PUBLIC
RESTRICTIONS AS
To the Committee on the Executive. UNDER SUCH GUIDELINES AND
MAY BE FIXED BY LAW TO AVOID ÛSE OF DI^
OF DIS-
Proposed Resolution No. 184, entitled: CRETION AND THAT ALL DISBURSEMENTS
TO STRICT
CMTIONARY FUNDS SHALL BE SUBJECT
resolution to PROVIDE IN THE BILL OF RIGHTS
THAT A FOREIGNER WHO IS PERSECUTED BY HIS
COUNTRY BECAUSE OF HIS POLITICAL BELIEFS
SHOULD BE GIVEN ASYLUM IN THE PHILIPPINES To the Committee on the Legislative.
and that extradition of FOREIGNERS FOR

POLITICAL OFFENSES SHALL NOT BE GRANTED. iposed Resolution No. 190, entitled:

To Committee on Citizenship, Bill of Rights,
RESOLUTION TO INCLUDE A
DECLARATION OF PRINCIPLES
™
PINES IS A REPUBLICAN AND
the
Political Rights and Obligations and Human Rights. °
AND THAT SOVEREIGNTY RESIDES IN AUTHORIT
PEOPLE AND ALL GOVERNMENT
RESOLUTION TO INCLUDE IN THE DECLARATION OF Introduced by Hon. Nolledo.

PRINCIPLES THAT IN THE GRANT OF RIGHTS, PRIVI- National Territory,
LEGES OR CONCESSIONS, THE STATE SHALL ADOPT To the Committee on Preamble,
THE FILIPINO-FIRST POLICY. and Declaration of Principles.
Proposed Resolution No. 191, entitled: CHILDREN AGAINST ALL FORMS OF NEGLECT,
RESOLUTION TO PROVIDE IN THE BILL OF RIGHTS OF CRUELTY AND EXPLOITATION.
THE NEW CONSTITUTION THAT NO PERSON SHALL Introduced by Hon. Sarmiento.
BE DETAINED BECAUSE OF HIS POLITICAL BELIEFS To the Committee on Preamble, National Territory,
AND ASPIRATIONS. and Declaration of Principles.
To the Committee on Citizenship, Bill of Rights, Proposed Resolution No. 197, entitled:
Political Rights and Obligations and Human Rights. RESOLUTION INCORPORATING IN THE NEW CONSTI-
TUTION A PROVISION REQUIRING THE CONCUR-
Proposed Resolution No. 192, entitled: RENCE OF AN INDEPENDENT COMMISSION ON AP-
RESOLUTION TO INCLUDE IN THE DECLARATION OF POINTMENTS TO HIGH RANKING POSITIONS IN THE
PRINCIPLES THE PROVISION THAT THE STATE GOVERNMENT.
RECOGNIZES THE VITAL ROLE OF THE YOUTH IN Introduced by Hon. Sarmiento.
NATION BUILDING AND SHALL FULLY PROMOTE
THEIR PHYSICAL, INTELLECTUAL AND SOCIAL
WELL-BEING.
To the Committee on Preamble, National Territory, TUTION A PROVISION THAT THE CANVASSING OF
and Declaration of Principles. VOTES IN A PRESIDENTIAL ELECTION BY THE
NATIONAL ASSEMBLY IS PURELY A MINISTERIAL
Proposed Resolution No. 193, entitled: DUTY.
RESOLUTION TO STRENGTHEN THE COMMISSION ON Introduced by Hon. Natividad, Ople, Maambong and
ELECTIONS BY INCORPORATING IN THE NEW CON- de los Reyes, Jr.
STITUTION PROVISIONS REQUIRING THAT AP-
POINTMENTS THERETO SHALL BE MADE FROM A
LIST OF NOMINEES SUBMITTED BY VARIOUS SEC-
TORS AND INCREASING THE QUALIFICATIONS FOR COMMUNICATIONS
APPOINTMENT AS COMMISSIONER.
Resolution No. 42, Series of 1986, of the Sangguniang
Bayan of Unisan, Quezon, requesting the Constitutional
To the Committee on Constitutional Commissions Commission to include the teaching of the Holy Bible in
and Agencies. the curricula of elementary and high school education.

of 1986)
RESOLUTION GRANTING AUTHORITY TO THE
SUPREME COURT TO ORGANIZE A JUDICIAL COM-
MISSION TO EXERCISE ADMINISTRAIWE SUPER- Letter from Mr. Eliseo M. Blancaflor of Teresa Village,
VISION OF COURTS SUBJECT TO ITS CONTROL. Quezon City, proposing provisions on the promotion
Introduced by Hon. Davide, Jr. and development of livelihood cooperatives and the
right of homeowners to bear arms.
of 1986)
To the Committee on the National Economy
RESOLUTION TO GUARANTEE THE RIGHT OF CIVIC
Patrimony.
ORGANIZATIONS TO BE ACCREDITED AS CITIZEN
ARM OF THE COMMISSION ON ELECTIONS AND TO
Letter from Mr. Delfin T. Tapang, Jr., Chairman of
BE AFFORDED PROTECTION BY MAKING ITS MEM-
National People’s Forum, transmitting a draft constitu-
BERS WHILE IN THE PERFORMANCE OF DUTY AS
tion and offering participation and assistance in the
AGENTS OF PERSONS IN AUTHORITY.
holding of public hearings.
(Communication No. 22 - Constitutional Commission
To the Committee on Constitutional Commissions of 1986)
and Agencies. To Ad Hoc
the Planning Committee on Public Hearings.
Proposed Resolution No. 196, entitled: Communication from Mr. Dionisio C. Araza of Bago
RESOLUTION INCORPORATING IN THE NEW CONSTI- Bantay, Quezon City, proposing provisions on the pres-
TUTION A PROVISION FOR THE PROTECTION OF idency, and the judiciary, among others.
(Communication No. 23 — Constitutional Commission THE PRESIDING OFFICER (Mr. Davide). The As-
of 1986) sistant Floor Leader is recognized.

MR. CALDERON. Commissioner Romulo is giving up
hismembership in the Committee on Social Justice and

Social favor of Commissioner Rodrigo. I
Services in
move that Commissioner
we elect Rodrigo to the Com-
THE PRESIDING OFFICER (Mr. Davide). The As-
mittee on Social Justice and Social Services.
sistant Floor Leader is recognized.

COMMITTEE MEMBERSHIPS any objection? (Silence) The Chair hears none; Com-
missioner Rodrigo is elected to the Committee on Social
MR. CALDERON. In view of her election to two new
Justice and Social Services.
committees; namely, the Committee on Social Justice
and Social Services and the Ad Hoc Committee on
Public Hearings, Commissioner Teresa F. Nieva is giving
up her membership in the Committee on General Provi- THE PRESIDING OFFICER (Mr. Davide). The As-
sions and the Committee on Constitutional Commis- sistant Floor Leader is recognized.
sions and Agencies.
CALDERON. move that Commissioner
To fill these vacancies, I move that we elect Commis- MR. I
sioner Vicente B. Foz to the Committee on General Tingson be recognized.

Provisions and Commissioner Decoroso R. Rosales to
Commis-
the Committee on Constitutional Commissions and THE PRESIDING OFFICER (Mr. Davide).
Agencies. sioner Tingson is recognized.

SPEECH OF COMMISSIONER TINGSON
any objection? (Silence) Chair hears none; the
from the two com- Mr. Presiding Officer and my beloved
withdrawal of Commissioner Nieva MR. TINGSON.
mittees mentioned is approved and the election of Com- Ileagues of this Assembly:
missioner Foz to the Committee on General Provisions ago, on June 19, 1861,
A Quarter and one centuries
and Commissioner Rosales to the Committee on Consti- beôrecise an infant boy
was born Calanâ, Lagu- m
tutional Commissions and Agencies is approved. because on Decemb^
^He^was to live only 35 years
rulers of this country had him
1896 the Spanish
MR. CALDERON. Mr. Presiding Officer, a vacancy i'
Dt in Bagumbayan.
exists in the Committee on the Judiciary. I move that our
to a ripe old age; hence,
Jose Rizal did not
live
we elect Commissioner Ambrosio B. Padilla to fill said
brief
dless wonder at
how a man could compress in so
vacancy. careen
nationalistic and intellectuail
Hfetime such a medicine, a
of
THE PRESIDING OFFICER (Mr. Davide). Is there f
R?zal was a novelist,
a doctor
sculptor, architect, surveyor
engineer,
inter, historian,
any objection to the election of Commissioner Padilla to naturalist and philologist.
/entor, ethnologist,
the vacant position in the Committee on the Judiciary?
Rizal could speak
22 languages, native and
^
“Not on?y is Rizal the most famous man
'^ntritf
MR. CALDERON. Mr. Presiding Officer, Commis-
owrpe.^pi^. buMhe grea.es. man .he Malay race
sioners Ople and Uka have agreed to swap membership
s produced.” ^
the Committee on Style and the Committee on Social fnenos
in
To implement T certain that when we and our American
Justice and Social Services, respectively.
iden.i.y of .he fulure
Repubhc of
Commis- we TsseSng .he
the said arrangement, I move that elect re sincerity
Philippines, everyone
was s.ruck by the
sioner Ople to the Committee on Social Justice and e Dr. Jose
® olitter of licnius to be found in
Social Services and Commissioner Uka to the Commit- national
there wa
‘^^tL^here thatwas n no doubt of his being the
tee on Style. ,,al
can
rhad lo^ wC !of,y
purposes the Filipino
any objection? (Silence) The Chair hears none; Com- and, in the end,
he haa
defined our identity
missioner Uka is deemed elected to the Committee on
pal /v^ling t^
fd to what extent
the Filipino
Style and Commissioner Ople is deemed elected to the believed in. It is be
prove the things that he to his
Committee on Social Justice and Social Services.
a read what he
wrote in Hongkong Pnor
then, in a letter that he
MR. CALDERON. Mr. Presiding Officer. n to the Philippines
with Dr. Marques to be opened after his death. He said alone can wash away so much shame, so much abomina-
in that letter: tion. But I should say this nonviolent attitude in
Dr. Jose Rizal is an added value instead of a defect.
Always have I loved our unhappy land, and I am sure
that I shall continue loving my last moment in case
it till Christianity itself was a peaceful revolution, a spiritual
men prove unjust to me. My career, my life, my happiness- upheaval that had transformed society and individuals,
all I have sacrificed for love of it. Whatever my fate, I shall perhaps more deeply than any political ideology in his-
die blessing it and longing for the dawn of its redemption. tory. Mahatma Gandhi led a civilian disobedience move-
Rizal had personified the very best in the Filipino. ment that gained for India its independence. Martin
How else can we say it? By the time he was 35 years
Luther King won Negro rights through nonviolent
old,he was dead. He himself had premonitions of his means. And only lately, the Filipino people had suc-
untimely demise and yet he did not despair, but had ceeded in frustrating the governing will of a power that
worked and studied relentlessly and accomplished so the people had perceived to be illegitimate, also through
much. a revolution that did not call for arms. May I say that
this is a legacy from that greatest of Filipinos, Dr. Jose
Rizal, were he alive today, would not be out of a job
Rizal, our own “kababayan.”
because his knowledge and skills were truly universal.
I should like to believe that to struggle with arms for
Certainly, he will not be like some politicians who
would howl and whimper when relieved of their posi- our liberation is to be hispanized. I should like to be-
tions in government because their prospects for employ- lieve that Dr. Jose Rizal would rather that his people,
ment had dimmed. And not only that Jose Rizal would the Filipinos, struggle to free themselves by means that
not be out of a job; he would have a lot to say to his are peaceful, dignified and do not do violence to man
countrymen besides, especially to the Members of this himself. I believe that this is a great legacy. And, finally,
august Constitutional Commission. I believe that this legacy should find expression in the
Constitution that we are writing for the Filipino people.
AConstitution is sometimes called a document of a
people embodying their highest ideals and deepest Thank you, beloved colleagues, and thank you,
aspirations. Indeed, how else can it be when it esta- Mr. Presiding Officer.
blishes the government and claims the overall control of
society. MR. CALDERON. Mr. Presiding Officer.
In preparing these brief remarks, I have scoured for
an appropriate passage in the works of our greatest hero THE PRESIDING OFFICER (Mr. Davide). The As-
that might serve as a fitting advice to us here. There is a sistant Floor Leader is recognized.
multitude of them, to be sure. But I was looking for one
that will make us remember who we are and what truly
we should become. After all, what I am is God’s gift to DISCUSSION ON CITIZENSHIP
me and what I become is my gift to God. For in my MR. CALDERON. take
that this Commission
I move
humble understanding, it would be the greatest blunder up in a freewheeling discussion, without amendments,
to fail this test writing a Constitution. Therefore,
in matters connected with citizenship, and I request that
these are the words of Simon, a character in the novel of Commissioner Bernas be recognized to start the free-
Jose Rizal, entitled El Filibusterismo, and quote:
I wheeling discussion.
You ask for the hispanization of our country, and you
do not what you are begging for is suicide, the
see that THE PRESIDING OFFICER (Mr. Davide). Is there
destruction of your nationality, the annihilation of your any objection to a freewheeling discussion on citizen-
fatherland and the consecration of tyranny. ship? (Silence) The Chair hears none; the motion is
The Spanish conquistadores brought with them arms approved.
to subjugate and rule us. It would seem historically Commissioner Bernas is recognized.
logical that the only way to overthrow that rule was to
resort to arms. And yet Jose Rizal, the historian and FR. BERNAS. Before we start with the discussion,
student of great human affairs, did not teach his people I would like to make doubly clear the purpose of this
to bear arms for their liberation. In an age of great discussion for the sake of my own bodily integrity. We
political ferment, he cautioned against the use of arms, will not proceed to the amendments. This is purely a
against a revolution, and advised his own people, tyran- freewheeling discussion.
nized for work instead for a peaceful
centuries, to
political transformation. The father of Asian national-
Actually, the Committee on Citizenship is already
was an early believer
prepared to make a report on the Article on Citizenship,
ism, Dr. Jose Rizal, in nonviolence.
but this will not be a report. Rather, this will be a narra-
This supposed to be the great defect in that great
is tion of the present state of thinking of the members of
man; the reason why to some of us he is not the greatest the Committee as far as citizenship is concerned, and
national hero. To these dissenters, a revolution without hopefully, what we bear here will also be helpful for the
blood is not a revolution, as if the spilling of blood public hearings.
One advantage we have is that there is only one to January 17, 1973. Upon the effectivity of the new
on citizenship, and if
resolution we did not have our Constitution of 1973, every child born of a Filipino
champion resolution-producer, Commissioner Davide, mother automatically becomes a Filipino.
we would not have any resolution on citizenship. Paragraph 4 partly states: “Those who are naturalized
(Laughter) in accordance with law,” which is lifted from the 1973
provision. In Resolution No. 7 of Commissioner Davide,
So, the basis of our discussion will be Resolution
there is an addition which reads exactly this way:
No. 7, and I am looking for my copy. For the purpose
of our discussion, it would be useful if the Commission- Provided, the naturalization of aliens
however, that
ers will pull out their copies of Resolution No. 7. If one under a decree of the previous regime shall be subject to
does not have a copy of Resolution No. 7, that is a judicial confirmation. Admission to Phihppine citizenship
major obstacle. is a privilege which can be revoked anytime in the marmer
and for causes provided by law.
Let me
just say that basically. Resolution No. 7 of
Commissioner Davide incorporates the Article on The thinking of the Committee on the subject is that
Citizenship found in the 1973 Constitution with some we should drop this suggested amendment for the fol-
lowing reasons: could be divisive. Second,
First, this
amendments. We have taken up the amendments.
there are provisions in the Naturalization Law for
strip-
Section 1 answers the question: Who are citizens of if certain condi-
ping a naturalized person of citizenship,
the Philippines? Section 2 answers the question: What afraid that this
tions are not satisfied. Third, we are
happens to your citizenship if you get married? Section could unduly burden the courts. So, the
thinking of the
3 speaks of acquisition or loss of citizenship. And Sec- Committee, as far as the suggestion of
Commiîoner
tion 4 deals with a definition of natural-born citizens. Davide is concerned, is to drop this amendment.
citizens ot the
Section stateând I quote: that answers the question: Who are
and go mto
1
Philippines? Perhaps we can pause here

Section 1. The following are citizens of the Philippines:
some discussions.
1 . Those who are citizens of the Philippines at the time
(Mr. Davide). Commis-
of the ratification of this Constitution. THE PRESIDING OFFICER
sioner Bengzon is recognized.
This bodily lifted from the 1973 Constitution which
is
was also bodily lifted by the 1973 Constitution from paragraph

MR. BENGZON. I have some questions on
the 1935 Constitution. Whoever are citizens of the Commissioner Bernas answer
1 of Section 1. Would
Philippines now are recognized by this Constitution as
some questions?
citizens of the Philippines.
Paragraph 2 states: “Those whose fathers or mothers (Mr. Davide). The Com-
are citizens of the Philippines.” Again, this is bodily missioner may do so, if he so desires.
lifted from the provision of the 1973 Constitution
which was a departure from the 1935 Constitution. FR. BERNAS. Willingly.
Under the 1935 Constitution, to be a natural-born
citizen, both your father and your mother should have MR. BENGZON. The word “adoption”
Constitutwns_ Did the
been Filipino citizens. Under this provision, if at the under the 1935 and the 1973
time of an infant’s birth, either the father or the mother Committee change this to
Those w_^âj-g
is a Filipino citizen, that infant will also be deemed a 1935 and the 1973 Constitutions state:
time o e
Filipino citizen. Paragraph 3 states: citizens of the Philippines at the jhen we
Filipino citizens. But
this Constitution" are
Those who elect Philippine citizenship pursuant to the the word
. . .
read Section 1,
provisions of the Constitution of nineteen hundred and make cha g
this gânge*^
-
“ratifinatinn.” Did the Committee

thirty -five.
This paragraph the nature of a transitory provi- the exact word in

is in FR. BERNAS. Ratification is
constitution
sion. Resolution No. 7. I would also say that a
We is adopted upon its ratification.
under the 1935 Constitution, if a
will recall that
child was born of a Filipino mother married to an alien, preference of the
MR. BENGZON. So actually, the
the child was given a right to elect Philippine citizenship
to use the word
“ratification
upon reaching the age of majority. So, when the 1973 Committee is
Constitution was approved, there were children who had

not yet reached the age of majority and had not yet had FR. BERNAS. Yes.
the opportunity to elect Philippine citizenship. This
regards Section
’
provision is intended to take care of them anytime up to MR. BENGZON. As 1,
the time they reach the age of majority andj thus, elect I understand that those who have become na
by tne past
Philippine applicable only to
citizenship. So, this according to a decree that was promulgated
is
dispensation are citizens. The
now
ommi ee
Filipino
children of Filipino mothers and alien fathers born prior
senses that it will no longer burden them with a judicial THE PRESIDING OFFICER (Mr. Davide). What is
affirmation. the pleasure of Commissioner Suarez?
FR. BERNAS. Yes. MR. SUAREZ. Thank you, Mr. Presiding Officer.
Will Commissioner Bernas yield to a few clarificatory
MR. BENGZON. After the ratification of this Consti- questions?
tution that we are making, what then would happen to
the decree issued by the former President that simplified FR. BERNAS. Gladly.
the naturalization process? Would that be automatically
null and void? Do we need to go back to the old consti- MR. SUAREZ. The Commissioner’s statement that
tutional provision on naturalization or will that decree Section 3 of the 1973 Constitution is somewhat transi-
still subsist? tory in character disturbs me, because I interpret this
section together with Section 1, Article IV of the 1935
FR. BERNAS. That decree had a limited life span. It Constitution. We will make this operative only to those
is no longer in effect. who were born of a Filipino mother and an alien father
before the year 1973. Is my understanding correct?
MR. BENGZON. But that decree is contained in a
small clause in Section paragraph 4. So, under certain
1 , FR. BERNAS. Yes, because those born on or after
circumstances, that decree could still be in effect. Or is January 17, 1973 are governed by paragraph 2.
that decree totally no longer in existence?
MR. SUAREZ. That is, those whose fathers or
FR. BERNAS. I am hesitant to say that Commis- mothers are citizens of the Philippines?
sioner Bengzon is wrong. My impression is that it is no
longer in effect. FR. BERNAS. Yes. So, if the mother is a Filipino,
there is no need for election because the child is already
a Filipino citizen at birth.

MR. BENGZON. Therefore, the process of
I see.
naturalization that existed before that decree was en-
acted is the one that will be in effect in this Section 1.
MR. SUAREZ. So with respect to those born on
or
after 1973, there is no need for them to elect Philippine
FR. BERNAS. Yes, but I should say something about citizenship upon reaching the age of majority?
that decree which facilitated naturalization. It merely
created a special administrative process for selecting FR. BERNAS. Yes.
those who would be naturalized. So, it is different from
the Naturalization Law which created a process resulting MR. SUAREZ. Is that the Commissioner’s interpreta-
in a decree of naturalization. Under the decree of Pres- tion of this particular provision?
ident Marcos, what made one a citizen was a subsequent
process of selection, calling it “citizenship.” FR. BERNAS. That is my understanding.
MR. BENGZON. So, there is really no conflict there. MR. SUAREZ. For that reason, would the Commis-
sioner consider that transitory in character?
FR. BERNAS. As far as I know, there is no conflict
there. FR. BERNAS. Yes. In other words, by that time the
last child born prior to January
17, 1973 has
made the
election or has failed to make the election after reaching
MR. BENGZON. Paragraph 3 states that those who
areborn of Filipino mothers and alien fathers after the the age of majority, then that paragraph 3 is no longer
adoption of this Constitution will also be deemed as applied to anybody.
Filipino citizens, provided they elect Philippine citizen-

MR. SUAREZ. para-
ship upon reaching the age of majority. This really disturbs me because
graph 3 of Section 1 of the 1973 Constitution must
have been placed there for a specific purpose.
FR. BERNAS. Paragraph 3 applies only to children
born before January 17, 1973. Anybody born after make
FR. BERNAS. Precisely. The purpose was to
January 17, 1973 of a Filipino mother, no matter what
sure that children born of Filipino parents, but had not
the citizenship of the husband is, is already a Filipino yet
yet elected Philippine citizenship since they had not
citizen at birth and therefore does not have to elect
reached the age of majority, could still elect.
Filipino citizenship.
MR. SUAREZ. But why do they have to do that if

MR. BENGZON. That is what I want to clarify.
already guaranteed under paragraph
their citizenship is
Thank you very much. 2?
FR. BERNAS. No, if they were born on or before MR. SUAREZ. That mixed me up a little bit. The
January 17, 1973 they should not come under para- Commissioner has to pardon me, but I am only con-
graph 2. centrating on the automatic elevation of a child born
of a Filipino mother to the level of a natural-born child.
MR. SUAREZ. The way paragraph 2 is worded is not I would venture the opinion that that is only possible, if
prospective in application. It says here: “Those whose the mother herself is a natural-bom citizen of our coun-
fathers or mothers are citizens of the Philippines.” try. But if she acquires naturalization by law, and after
There is no required qualification. So, should we limit that she gives birth to this minor child, or at that time
the application and operation of that particular para- that minor child is legally carried by the naturalization
graph only to those who were born after 1973? Is my of the mother, does not the Commissioner think of the
understanding correct? problem that will arise in considering the child as a
natural-born child?
FR. BERNAS. Yes. That is my understanding on the
basis of the debates in the 1971 Constitutional Conven- FR. BERNAS. Under paragraph the mother2, if
tion, and because of that, its delegates thought that acquires Philippine citizenship before she gives birth, the
paragraph 3 was necessary. child will automatically become a natural-born citizen.
Ifparagraph 2 is retrospective, then paragraph 3

MR. SUAREZ. Under paragraph 2?
would not be necessary.
FR. BERNAS. Yes, Mr. Presiding Officer.
MR. SUAREZ. In view of the Commissioner’s inter-
pretation, would he suggest the deletion of paragraph 3 Mr. Presiding Of-
MR. SUAREZ. It does not say so,
of Section 1 of the Article on Citizenship?
ficer.
FR. BERNAS. No, the Committee has a different says a child born of a
Filipmo
FR. BERNAS. It
suggestion in the definition of natural-born citizen. If
mother. It does not say a child bom of a naturalize
we will jump to Section 4 of the 1973 Constitution, it
Filipino mother.
says here that a natural-born citizen is one who is a
citizen of the Philippines from birth without having to Officer, but
MR. SUAREZ. That is true, Mr. Presiding
perform any act to acquire or perfect with
his citizenship.
Section 2 does not say that the citizenship carries
The Committee added this proviso: PROVIDED THAT natural-born citizen. a i
it the stamp of being a
THOSE WHO ELECT PHILIPPINE CITIZENSHIP IN ACCORD- under paragraph 3, Section 1, as
proposed by the
ANCE WITH SECTION 1. PARAGRAPH 3, SHALL ALSO BE Committee.
DEEMED NATURAUBORN CITIZENS.
paragraph 3
FR. BERNAS. No, not under Section 1,
MR. SUAREZ. May point out the danger of that

I but under Section 4.
proposal. It is theoretically possible that the mother Officer.
herself is not a natural-born citizen, and she may have MR. SUAREZ. Yes, Section 4, Mr. Presiding
acquired her citizenship by naturalization after the birth
FR. BERNAS. Yes, Section 4. The
of that minor child. The child, being a minor, would
fact he is, a child born o
follow constitutionally the citizenship of the unnatural- sidered, as in
born mother. Would the Commissioner go to the extent mother. In other words, the J of
of recommending that a child born under these circum- What was the citizenship of the
mother a Filipino
stances be considered a natural-born citizen and, there- the birth of the child? If the
a
fore, qualified to run for President of our country? Is whether by naturalization or by birth citizen
citizen.
a natural-born
that the meaning? birth of the child, the progeny is
FR. BERNAS. No, I would not, because as the MR. SUAREZ. Excuse me bun^
missioner to paragraph 2, Section , .
Commissioner described the situation of the child, he fathers or

ficer. It says “Those whose
would not satisfy the definition of paragraph 3 of r^ênrof
not say crtBens
ol the
Section zens of the Philippines.” It does
1.
Philippines at the time of the birth \ ^
^
theoretically possible, Mr. Presiding ^
MR. SUAREZ. Yes, but that additional proposal w i,
e
’
a child is
referring to the elevation of that child, born of a Fili- graph 2 would even apply to a situation
pino mother, to the category of a natural-born child is born of a naturalized father or mother.
fraught with difficulties.
FR. BERNAS. Corre^\“4^
does not apply to a situation where
a
FR. BERNAS. The reason behind that is just to it
a riiffprpnt
then the mother gets naturalized.
Tha is
equalize them with children born under the provision
of paragraph 2.
MR. SUAREZ. That is why that would fall either naturalization. I think it was legislative naturalization.
under paragraph 3 or, as proposed to be amended, The administrative process was simply for the purpose
paragraph 4. of screening. was legislative naturalization because the
It
operative act which naturalized these people was the
FR. BERNAS. No, Mr. Presiding Officer. decree with the force of law specifically naturalizing
these individuals. So I would say that I would perhaps
MR. SUAREZ. Mr. Presiding Officer, I am still con- oppose the idea of naturalization solely by judicial
fused, but thank you anyway. process because I also accept the possibility of natural-
ization by legislative process.
THE PRESIDING OFFICER (Mr. Davide). What is
the pleasure of Commissioner Concepcion? MR. CONCEPCION. I brought out the idea of judicial
naturalization precisely to avoid naturalization either by
MR. CONCEPCION. Mr. Presiding Officer, I have two legislation or by decree. I think a good many of the
points on which would appreciate a clarification. The
I Members of the Commission are lawyers, and I am sure
draft prepared by the Committee seems to liberalize many of them have had experience in the matter of
naturalization proceedings. Is that impression correct? judicial naturalization by even the court personnel. I
have heard stories about officials of the prosecutory

FR. BERNAS. With reference to children born of force and practicing lawyers who have made fortunes in
Filipino mother and alien father prior to the liberaliza- naturalization proceedings. Insofar as that is concerned,
tion of the old law in 1971. That is the only liberaliza- what would be the difference if naturalization takes
tion added by the Committee. place by legislation? Would this not offer the tempta-
tion which, we are told very often, politicians find
MR. CONCEPCION. In principle, would the Com- irresistible additionalincome through legislative natural-
missioner favor the idea that we adopt the policy of ization, since it is something that though affecting
being more strict insofar as naturalization is concerned? national interest apparently is not controversial, though
not actually a matter of attitude or policy? But there
FR. BERNAS. Insofar as naturalization is concerned, seems to be a general feeling that the process of legisla-
yes. tion is often dominated by the policy: “You scratch my
back and I will scratch yours.” That is why I was hoping
MR. CONCEPCION. I will not discuss now the ques- that the Committee would find it advisable to adopt a
tion of liberalization insofar as children born of a Fili- restrictive policy by authorizing naturalization solely by
pino mother and an alien father are concerned. judicial proceedings.
FR. BERNAS. That is the only one which has been FR. BERNAS. Certainly, the Committee will enter-
by the Committee.
liberalized tain such amendments during the period of amend-
ments.
MR. CONCEPCION. I will not go deep into that
question as yet. My next question is on paragraph 4 MR. CONCEPCION. I touch on this question because
which provides that those who are naturalized in ac- we have the problem of becoming overpopulated. We
cordance with law are Filipino citizens. are trying to persuade the people, the natural-born
Filipinos to slow down our population growth. I hope
FR. BERNAS. Yes, Mr. Presiding Officer. we would not impose upon them the duty to limit the
number of their children, although we still adopt
MR. CONCEPCION. Would the Commissioner favor measures encouraging foreigners to reside in the Philip-
the insertion of the word JUDICIALLY before pines and become Filipinos. This seems to be rather
“naturalized” so it would read; “JUDICIALLY natural- incongruous.
ized accordance with law”? I ask this question
in
So, I would prefer and suggest that naturalization be
because during the Marcos regime, the President issued
possible only through judicial proceedings, without
a decree permitting administrative naturalization. And
prejudice to legislative grants of honorary citizenship,
even of judicial naturalization, I know for a fact
in cases
without the rights of a naturalized citizen. The number
that there have been many, many irregularities made
of cases for naturalization has grown considerably since
possible by the cooperation of the prosecuting force and
the adoption of the 1935 Constitution which limits the
court personnel. I have been made to understand that enjoyment of natural resources and the participation in
under the decree permitting administrative naturaliza- the operation of public utilities to citizens of the
tion, there have been far more irregularities.
Philippines. A liberalization through legislative action
would enhance the problem of reserving the enjoyment
FR. BERNAS. First of all, perhaps I would disagree of our resources to Filipinos and not only in terms of
with the statement by the Gentleman that naturaliza- physical or tangible possessions but also insofar as
tion under former President Marcos was administrative human resources are concerned. Many Filipinos had to
go abroad for employment opportunities. So I would MR. TRENAS. I see. Just one more question: Did the
earnestly welcome and suggest the adoption of the prin- Committee not think of preventing in the future any
ciple that naturalization may be effected only through situation of indiscriminate grants of Filipino citizenship
judicial proceedings, without prejudice to the authority by decree or presidential action and of safeguarding
of the Assembly to confer honorary citizenship devoid that?
of all the right to enjoy natural resources and participate
in the operation of public utilities. FR. BERNAS. guess the Committee was of the
I
belief that there is nothing in the Constitution which

FR. BERNAS. Certainly, our Committee will enter- would stop indiscriminate actions in the future. But we
tain such an amendment at the proper time. do say “those who are naturalized in accordance with
law,” which decision, I guess, is to leave to future legis-
THE PRESIDING OFFICER (Mr. Davide). What is lation the formulation of wise naturalization.
the pleasure of Commissioner Trenas?
MR. TRENAS. Thank you very much.
MR. TRENAS. Will Commissioner Bernas answer a
few questions? MR. NOLLEDO. Mr. Presiding Officer, will Reverend
Father Bernas yield to interpellations?
THE PRESIDING OFFICER (Mr. Davide). He may
yield, if he so desires. THE PRESIDING OFFICER (Mr. Davide). Commis-
sioner Nolledo is recognized, then Commissioner
FR. BERNAS. Gladly, Mr. Presiding Officer. Romulo.
MR. TRENAS. The Committee on Citizenship, Bill MR. NOLLEDO. Thank you, Mr. Presiding Officer.
of Rights, Political Rights and Obligations and Human Reverend Father Bernas — I add “Reverend for we
Rights has more or less decided to extend the inter- call him only Father Bernas. I think the right address
pretation of who is a natural-born Filipino citizen as should be Reverend.
provided in Section 4 of the 1973 Constitution, by Bernas
Mr. Presiding Officer, think Reverend Father
I
adding that persons who have elected Philippine citizen- wrote me e-
will remember that I was the one who
ship under the 1935 Constitution shall be considered the case m
cision in the 1971 Constitutional Convention
naturaFborn. Am I right, Mr. Presiding Officer?
of Moreno vs. Ernesto Ang.
FR. BERNAS. Yes.
glad the
FR. BERNAS. I do not remember but I am
MR. TRENAS. And does the Commissioner think Gentleman reminded me.
that this addition to Section 4 of the 1973 Constitution
remember very well
would be contrary to the spirit of that section? MR. NOLLEDO. And I
he sai
Reverend Father Bernas’ well-written book, ^
FR. BERNAS. Yes, we are quite aware that con-
it is
the decision was designed merely to
de mi ^
trary to the letter really. But whether it is contrary to former Delegate Ernesto Ang, and that the
ef
the spirit is something that has been debated before and natural-born citizen has no retroactive
is being debated even now. We will recall that during
the nervous ^l^n
only prospective effect. I was .
of i^
1971 Constitutional Convention, the status of natural- Pacificador questioned the citizenship fûed
read
born citizenship of one of the delegates, Mr. Ang, was Teehankee because had Mr. Pacificador
Jus ice
challenged precisely because he was a citizen by elec- the Reverend’s book, the status of Chief
praye a
tion. Finally, the 1971 Constitutional Convention kee would have been prejudiced. I
e
considered him a natural-born citizen, one of the Mr. Pacificador would not read it, anyway .
was
to read good books. My
prayer ^
requirements to be a Member of the 1971 Constitution- know how . |-
citizens ip
al Convention. The reason behind that decision was
that
because I successfully defended the
a person under his circumstances already had the
Justice Teehankee.
the
inchoate right to be a citizen by the fact that Now itseems to me that Reverend
a matter of fact, the
1971 e
mother was a Filipino. And as
going against his contention by
supporting
Constitutional Convention formalized that recogniUon
by adopting paragraph 2 of Section 1 of the 1971
Constitution. So, the entire purpose of this proviso
is
see, there
injustice there may FR. BERNAS. As the Commissioner can
simply to perhaps remedy whatever
has been an evolution in my thinking.
be so that these people born before January 17, 197
who are not naturalized and people who are not natural- because Rew
we are con- MR. NOLLEDO. Yes, it seems to me
born but who are in the same situation as min at
erend Father Bernas has a very progressive
.
of the
sidered natural-born citizens. So, the intention
happy I am now vindicated.
Committee in proposing this is to equalize their status.
Mr. Presiding Officer, in connection with that, I know United States of both Filipino parents, therefore, as I
that the proposed provision of Reverend Father Bernas understand American laws, he is a natural-born Ame-
that those who have elected Philippine citizenship upon rican.
reaching the age of majority are also considered natural-
born, is consistent with the provision of Section 1, para- FR. BERNAS. Yes.
graph 2 that those whose fathers or mothers are citizens
of the Philippines are considered natural-born citizens of MR. ROMULO. And as I understand these provisions,
the Philippines. That is an egalitarian provision designed he is also a natural-born Filipino.
to recognize the principle that men and women are
equal before the law. FR. BERNAS. Yes.
But I have a problem, Mr. Presiding Officer, and I

MR. ROMULO. He did not elect citizenship, neitlier
think Reverend Father Bernas could help me solve it.
under American law nor under Philippine law. Am 1
This is in relation to Section 2 which states:
then correct in saying that he has dual citizenship for
A female citizen of the Philippines who marries an alien the rest of his life?
shall retain her Philippine citizenship, unless by acts or
omission as defined and determined by law she is deemed FR. BERNAS. I am not sure, if there is now a law in
to have renounced her PhUippine citizenship. the Philippines requiring him to choose. I am not sure;
Under the Civil Code of the Philippines both the but certainly he is born with dual citizenship.
father and the mother exercise joint parental authority
MR. ROMULO. Yes.
over their minor children. If a child was born of Filipino
mother and alien father, according to Section 1,
paragraph 2, the child is a citizen of the Philippines,
FR. BERNAS. How long he is allowed to keep that,
I am not sure.
regardless of the citizenship of the father.
That is what I understand. Am I correct? MR. ROMULO. That my

question, and should that
is
not be settled by the Constitution?
FR. BERNAS. That is also my understanding.
FR. BERNAS. We will entertain the wisdom of others
MR. NOLLEDO. Suppose the mother, through her on that.
omission, becomes an alien while the child is still a
minor, what is now the citizenship of that child whose MR. BENGZON. Mr. Presiding Officer, just in rela-
parents are both aliens? Kindly help me solve this tion to what is in the discussion.
problem.
Thank you. THE PRESIDING OFFICER (Mr. Davide). May we
recognize Commissioner Ople first and then have Com-
FR. BERNAS. missioner Bengzon later.
If I recall, that matter i? not governed
by constitutional law but by the Revised Naturalization
Law which says that the citizenship of children follows MR. OPLE. Thank you, Mr. Presiding Officer.
the citizenship of the parents. Will Commissioner Bernas yield to a few questions?
MR. NOLLEDO. So, in that case, the child during his FR. BERNAS. Gladly.
minority was formerly a Filipino because he was born of
a Filipino mother, but when the mother became an MR. OPLE. These questions will be focused on citi-
alien, the child also became an alien. zenship and national security. If I recall right, this
presidential decree that simplified and liberalized the
FR. BERNAS. As I understand the present naturalization process was promulgated sometime in
state of
the law, that would seem to be the case. 1975.
MR. NOLLEDO. I agree. FR. BERNAS. Possibly earlier than that.
Thank you. Commissioner Bernas.

MR. OPLE. In 1974 or 1975, I wanted to contribute
my own recollection of the circumstances under which
THE PRESIDING OFFICER (Mr. Davide). Commis- that decree was promulgated on the recommendation of
sioner Romulo is recognized. the Cabinet at that time. We were on the eve of a
momentous decision to establish diplomatic relations
MR. ROMULO. May I ask a few questions. I want to with the People’s Republic of China, and I remember
determine whether or not a child, whose circumstances I that the question of the presence in the Philippines of a
will describe later, may have a dual citizenship even very considerable number of the Chinese community
upon reaching the age of majority. A child is born in the could have an impact on the national security unless
they were helped to become Filipino citizens, the alter- MR. OPLE. hope that the Committee, in due
Yes, I
native being that most of these Chinese would actually course, will welcome an amendment on the question of
fall under the citizenship of the new legitimate govern- double citizenship which we can jointly present to
ment based in Peking and to be recognized by the Commissioner Romulo.
Philippines. My last question has to do with hundreds of thou-
I do not know Commissioner Bernas recalls the
if sands of our countrymen abroad now — about a million
data at the time. There were 600,000 Chinese in the of them in the United States; about 150,000 in Canada;
Philippines according to the Philippine Constabulary, and at least 30,000 in Australia - who are permanent
but only 174,000 were recorded in the Bureau of residents and of whom a good number chose the citizen-
Immigration. At that time this was a major cause of ship of their respective new countries of residence but
concern and the decision was that it would be helpful who later on might become contrite about this early
to the national security, if the laws were changed so decision and would like to reacquire their Filipino
citizenship and maybe choose to retire and die in their
that there would be greater simplification and liberaliza-
tion of the naturalization law. own native land.
But I am glad to be reassured by Commissioner For purposes of regaining citizenship — I am not

is there
Bernas that this law was self-destructive and that it is no knowledgeable about the existing law, if any
makes easier for these Filipinos
longer in force and in effect. Therefore, we may shift any procedure that it
who have become repentant about an earlier choice of

our concern to reports that we hear about those Chinese former natural
foreign citizenship to reacquire their
naturalized since 1974 under that simplified procedure
but who still retained their citizenship under the Repub- birthright?
lic of China and the Republic of Taiwan. Revised

FR. BERNAS. As a matter of fact, under the
Has Commissioner Bernas heard this report? Naturalization Law, the process of reacquisition
of citi-
naturalization, is rather
zenship called repatriation, not
FR. BERNAS. Yes, I have heard the report.
simple. I recall, it is just a
As matter of taking a new
MR. OPLE. And I think every October 10 or there- oath of allegiance.

abouts, a good number of Filipino-Chinese go to Taiwan course, we
MR OPLE. That is very reassuring and, of
in order to participate in that great event commemorat- might
the Committee on Citizenship
ing the Sun Yat Sen Republic. Commissioner Bernas is
undoubtedly aware of that.
ill appreciate
!Cognize later on the advent
aratively recent in our
it if
of a new
history where hundreds of
gone abroad to ^we
^
FR. BERNAS. valuable information. lousands of Filipinos have
It is
early 20s the 30s ^d
ork there. It is true that in the
MR. OPLE. would like to revert to the
Therefore, I substantial number of Ilocanos
went to Hawaii and
about summed up the Filipino exodus at th
point earlier raised by Commissioner Romulo on lat just
like a Filipmo dm-
whether or not it might be time for his Committee to me But today there is what looks have left and hun-
^
consider a more categorical policy on double citizen- Z'Zre hundreds of thousands

going to leave in the next
fe
ship, not only for the sake of national security but also reds of thousands are
for a greater clarity about our policy, it having been ears. .
,
admitted earlier that it is actually possible for a Filipino- solicit Committee s attention to
the
would like to
Chinese to be born and be reared under a double citizen-
he
hie
I
ri y that
possiDiiuy many of our countrymen
Ûniit their having
later on
embraced a
A
ship, if he is born in the United States of Filipino
genuinely come
they are riady to
,ill
parents, and, therefore, his political status can be very
oreign be will
ambivalent until he reaches a point where he is forced to ^jopt their citizenship, it
make a choice between two citizenships. and there will he no hassle
Sv^sIniPêr
Does Commissioner Bernas’ Committee contemplate oing this.
the possibility of addressing this concern now about
double citizenship?
(Mr. Davide). The As-
FR. BERNAS. The Committee in its discussion did the PRESIDING OFFICER
not consider that, partly becilUSe the Committee sistant
thought that this is a matter better left to ordinary legis-
MR. CALDERON. All good things must come to an
lation because we already have in Section 3 a provision
which says: “Philippine citizenship may be lost or re- end . . .
acquired in the manner provided by law.’’

MR. DE CASTRO. Just one question, please.
So, the option we have really is, do we treat the
matter of double citizenship - dual citizenship - in the Presiding Officer, I move for
MR. CALDERON. Mr.
Constitution or do we relegate that to ordinary legisla-
the adjournment of the session.
tion? It is something which we can discuss.
MR. DE CASTRO. Mr. Presiding Officer, for my that “Those whose fathers or mothers are citizens of the
peace of mind, I would like to ask this question of the Philippines” are therefore considered citizens of the
honorable Committee member. Philippines?
THE PRESIDING OFFICER (Mr. Davide). With the FR. BERNAS. My understanding of subparagraph 2
permission of the Floor Leader, may we allow Com- of Section 1 is that it applies to children born of Fili-
missioner de Castro to have the floor? pino parents at the time of birth.
MR. CALDERON. Mr. Presiding Officer, I withdraw MR. DE CASTRO. But nothing in this provision
my motion for adjournment. states that it is at the time of birth. It simply says:
“Those whose fathers or mothers are citizens of the
MR. DE CASTRO. Thank you, Mr. Presiding Officer. Philippines.” And since my daughter is now a citizen of
the Philippines, having been repatriated sometime in
May Commissioner Bernas yield to a few questions?
1981 or 1982 . . .
FR. BERNAS. Very willingly, yes.

FR. BERNAS. As I said, the letter of the law is
subject to your interpretation. As a matter of fact, a

MR. DE CASTRO. A while ago, I heard the Honor-
careful reading of the debates of the 1971 Constitu-
able Bernas state that there is no possibility of a double
tional Convention clearly reveals the intention that this
citizenship under his proposal.
applies only to children born of parents who are
Filipino citizens at the time of birth.
FR. BERNAS. I said there is a possibility.
MR. DE CASTRO. not a possibility, it is true

It is MR. DE CASTRO. This will be subject to interpreta-
right now. My daughter married a Swiss; therefore, she tion by the . . .
became a Swiss citizen. Then under the decree on re-

patriation, I had her repatriated sometime in 1982 and FR. BERNAS. I am not aware of any definitive
she became a Filipino, but she is carrying a Swiss pass- Supreme Court on this matter.
decision of the
port because she is still a Swiss. As of now, she has a
double citizenship. Will you agree to that situation? MR. DE CASTRO. Thank you. Commissioner Bernas.
FR. BERNAS. As I said, there are people enjoying THE PRESIDING OFFICER (Mr. Davide). The As-
dual citizenship. sistant Floor Leader is recognized.
MR. DE CASTRO. Yes. I would like the question ADJOURNMENT OF SESSION

resolved for my peace of mind.
MR. CALDERON. Mr. Presiding Officer, I move that
My daughter married a Swiss in 1970 and she auto-
matically became a Swiss. As she was a vice consul in we adjourn until nine o’clock tomorrow morning.
the Philippine Embassy in Paris, she had to quit, or she
had to be eased out of office because she was already a THE PRESIDING OFFICER (Mr. Davide). Is there
Swiss. Then a baby was born in 1974 when she was still any objection? (Silence) The Chair hears none; the
a Swiss. Sometime in 1982, I had her repatriated and session is adjourned until tomorrow at nine o’clock m
she became a Filipino. Now, can we say that her child is the morning.
a Filipino considering that Section 1 paragraph 2 states
, It was 7:01 p.m.
R.C.C. NO. 14
OPENING OF SESSION Without You, we are nothing,

Without You, we can give nothing,
At 9:26 a.m., the President, the Honorable Cecilia For everything comes from You.
Munoz Palma, opened the session. A good Constitution can come only from You.
For You are the Supreme Lawgiver.
THE PRESIDENT. The session is called to order. As we then work together
To draft the fundamental law for our Republic,
Grant us the grace to forget ourselves.
NATIONAL ANTHEM Illumine our minds with Your Wisdom,
Inflame our hearts with Your Love.
THE PRESIDENT. Everybody will please rise to sing love only tor
Let our minds think and our hearts
the National Anthem. Filipinos;
You, the Philippines and the
Everybody rose to sing the National Anthem. speak on y or
Let our hands write and our tongues
Filipinos.
You, the Philippines and the
THE PRESIDENT. Everybody will please remain So that unceasing in our work
loss and not
standing for the Prayer to be led by the Honorable And measuring our lives only in terms of
Hilario G. Davide, Jr. of gain — ALL FOR YOU
our work
Everybody remained standing for the Prayer. We shall merit reward by the approval of
by the people.
PRAYER Help us, O God, we pray.
Amen.
MR. DAVIDE. Almighty and eternal God and Lord
of Lords,
roll call
We know that You are here in our midst,
Secretary-General will
please
Never have You left this Hall, THE PRESIDENT. The
Even if at times we have neglected Your call. call the roll.
In the past, our people may have forgotten You, reading.

But You kept them always in Your loving care.
THE SECRETARY-GENERAL, Present
Present* Jamir . • • •
You delivered them from the bondage of slavery.

Laurel. • •
Absent
Present
And ransomed them from captivity by an oppressive Lerum . . •
Present*
Present Present
regime. Maambong
Present Present
We are now at the dawn of a new day, Present* Monsod . •
Present*
At the threshold Natividad .
of a new order. Present* Present*

Repentant of our past indifference and apathy, Present*
Nieva . . . •
Present
We now pledge .to Present
NoUedo . .
build Present
Ople
a justand humane society, Rosario Braid
Present
Present
Padilla . . •
a government that shall embody our ideals and Present

Present
Present
Quesada . •
aspirations Present
Rama . . . •
under the rule of law, and Present

Present
Present
Regalado . .
a regime of truth, justice, freedom, love, peace Present

Present Reyes de los
and equality. Concepcion Present
Rigos ....
We are commissioned to write a new Constitution Present
Present
Present Rodrigo . .
to achieve these ends. Present

Present* Romulo . .
Our people expect much from us. Rosales . . .

Present
Present
We can give no more to them than what You give to Sarmiento Present
Present .
us.

Suarez.... Trefias Present Introduced by Hon. Bengzon, Jr.

Sumulong . . Present Uka Present
. .
To
..
the Committee on Preamble, National Territory,

Tadeo Villacorta Present
Tan . . Present Villegas Present
Tingson . . . . . . Present
The President is present. RESOLUTION INCORPORATING IN THE NEW CONSTI-
The roll call shows 39 Members responded to the call. TUTION A PROVISION THAT UNBORN CHILDREN
SHALL BE POSSESSORS OF HUMAN RIGHTS FROM
THE PRESIDENT. The Chair declares the presence of THE FIRST MOMENT OF CONCEPTION.
a quorum. Introduced by Hon. Bacani.
APPROVAL OF JOURNAL To theCommittee on Citizenship, Bill of Rights,

MR. CALDERON. Madam President, I move that the
reading of the Journal of the previous session be dis- Proposed Resolution No. 203, entitled:
pensed with and that the same be approved.
TUTION A PROVISION SECURING AND RESPECTING
The Chair hears none; the motion is approved. THE NATURAL RIGHT AND DUTY OF PARENTS TO
DETERMINE THE NUMBER OF THEIR OFFSPRINGS.
MR. CALDERON. Madam President, I move that we Introduced by Hon. Bacani.
proceed to the Reference of Business.
Is
The Chair hears none; the motion is approved. Proposed Resolution No. 204, entitled:
The Secretary-General will read the Reference of RESOLUTION PROVIDING FOR THE APPOINTMENT OF
Business. THE MEMBERS OF THE SUPREME COURT, THE
INTERMEDIATE APPELLATE COURT, AND OF THE
REFERENCE OF BUSINESS OTHER COURTS ESTABLISHED BY LAW INCLUDING
The Secretary-General read the following Proposed THE SANDIGANBAYAN.
Resolutions on First Reading and Communication, the Introduced by Hon. Colayco.

Proposed Resolution No. 199, entitled: RESOLUTION TO INCORPORATE IN THE DECLARATION
RESOLUTION TO DISQUALIFY THOSE WHO CANNOT OF PRINCIPLES AND STATE POLICIES A PROVISION
READ AND WRITE FROM VOTING. RECOGNIZING THE RIGHT TO A HEALTHY EN-
VIRONMENT AND PROVIDING FOR THE PRESERVA-
Introduced by Hon. Rama.
TION AND PROTECTION OF THE COUNTRY’S
To the Committee on Citizenship, Bill of Rights, NATURAL RESOURCES.
Political Rights and Obligations and Human Rights! Introduced by Hon. Rigos.
Proposed Resolution No. 200, entitled: To the Committee on Preamble, National Territory,
RESOLUTION PROVIDING THAT A SECTION IN THE and Declaration of Principles.
GENERAL PROVISIONS ARTICLE INCORPORATE
COMMUNICATION AND INFORMATION TECHNO- Proposed Resolution No. 206, entitled:
LOGY AS VITAL NATIONAL RESOURCES; FOR THE RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
DIVERSIFICATION OF OWNERSHIP OF MEDIA; AND TUTION A PROVISION ENUMERATING THE AIMS OF
THE ESTABLISHMENT OF A NATIONAL BODY TO ALL EDUCATIONAL INSTITUTIONS IN THE PHILIP-
PROMOTE GROWTH, PROVIDE DIRECTIONS AND PINES, TO INCLUDE AMONG OTHERS THE ENCOUR-
EVOLVE COMMUNICATION POLICIES. AGEMENT OF CRITICAL AND CREATIVE THINKING
Introduced by Hon. Rosario Braid. AND RESPECT FOR HUMAN RIGHTS.
RESOLUTION TO INCORPORATE UNDER THE NEW Proposed Resolution No. 207, entitled:
CONSTITUTION PROVISIONS STRENGTHENING RESOLUTION PROVIDING THAT THE REGIONAL PUB-
CIVILIAN SUPREMACY OVER THE MILITARY. LIC HEARINGS ON THE DRAFT CONSTITUTION BE
GIVEN THE WIDEST ADVANCED PUBLICITY, AND To the Committee on the National Economy and
THAT THERE BE A NATIONWIDE RADIO AND TELE- Patrimony.
CONFERENCE WITH COMMISSIONERS AND THE
CITIZENS PARTICIPATING. Proposed Resolution No. 214, entitled:
Introduced by Hon. Rosario Braid. RESOLUTION PROPOSING TO ADOPT IN A CONSTITU-
To the Ad Hoc Planning Committee on Public Hear- TIONAL PROVISION THE POPULARLY ACCLAIMED
ings.
RESULTS OF THE PRESIDENTIAL “SNAP” ELECTION
HELD ON FEBRUARY 7TH NINETEEN HUNDRED
Proposed Resolution No. 208, entitled: AND EIGHTY-SIX.
RESOLUTION PROPOSING THE CREATION OF AN IN- Introduced by Hon. Tingson, Alonto and Abubakar.
DEPENDENT CONSTITUTIONAL BODY TO BE KNOWN To the Committee on Amendments and Transitory
AS THE COMMISSION ON APPOINTMENTS. Provisions.

and Agencies. RESOLUTION PROVIDE^G FOR THE FILIPINIZATION OF
THE MEDIA AND COMMUNICATION INDUSTRY,
Proposed Resolution No. 209, entitled: LIMITING THE NUMBER OF MEDIA ESTABLISH-
MENTS TO BE OWNED OR CONTROLLED BY INDI-
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- VIDUALS OR COMPANIES, AND PREVENTING CROSS-
TUTION A PROVISION RECOGNIZING AND SECUR- OWNERSHIP OF MEDIA IN A SINGLE MARKET, AND
ING THE RIGHT OF A PERSON ARRESTED OR SUB- GRANTING THEIR EMPLOYEES THE RIGHT TO BE
JECT TO CUSTODIAL OR TACTICAL INVESTIGATION PART-OWNERS THEREOF OR TO PURCHASE SHARES
OR INTERROGATION TO BE ADVISED OF HIS OF STOCK THEREIN.
FUNDAMENTAL RIGHTS. Introduced by Hon. Foz, Villacorta and Brocka.
To the Committee on Citizenship, Bill of
and Obligations and Human Rights.
Political Rights COMMUNICATION
President
Proposed Resolution No. 210, entitled: Letter from Mr. Francisco Y. Arcellana, Jr.,
Nuclear Power and
of the National Organization Against
RESOLUTION TO INCORPORATE IN THE NEW CONS^ liberate our
Weapons, proposing provisions that will
TUTION A PROVISION LIMITING THE AUTHORITY techno-
country from the dangers of defective nuclear
TO ISSUE WARRANTS OF ARREST, SEARCHES AND
logy and nuclear weaponry.
SEIZURE TO JUDGES.
Introduced by Hon. Natividad.
of 1986)
To the Committee on Citizenship, Bill of RjghJs,
and Obligations and Human Rights. To the Committee on the National Economy and
Political Rights
Patrimony.
RESOLUTION TO INCORPORATE IN THE NEW
CON^|‘
OUR NAT
TUTION A PROVISION TO INSURE THAT
-
RAL RESOURCES ARE USED, AND THE EXERCISER recognized.

REGULATED,
THE RIGHT TO PRIVATE PROPERTY IS
FOR THE COMMON GOOD. MR. CALDERON. The Chairman of the Committee
Introduced by Hon. Bacani. on General Provisions, Commissioner Rosario >
wants to inform the Chair and the Constitutional

Com-
To the Committee on the National
Economy and
Bennagen have
mission that Commissioners Brocka and
Patrimony. Provisions.
withdrawn from the Committee on General
THE PRESIDENT. Let the same be noted.
TOTAL-
RESOLUTION TO DEFINE PATRIMONY AS THE
ITY OF THE NATURAL RESOURCES, OF THE HIS-
TORICAL AND CULTURAL TRADITIONS, AND OF ADJOURNMENT OF SESSION

THE COLLECTIVE TECHNICAL AND FINANCIAL MR. CALDERON. Madam President, inasmuch as
CAPABILITIES OF THE FILIPINO NATION. scheduled for is
there are several committee meetings
morning, I would like to move for the
adjournment o
Introduced by Hon. Tadeo, Suarez, Aquino, Brocka,
the session until Monday at five o’clock in the afternoon
Villacorta, Gascon and Tan.
so that everybody could attend his respective commit- The Chair hears none; the session is adjourned until
tee meetings. Monday at five o’clock in the afternoon.
THE PRESIDENT. Is there any objection? (Silence) It was 9:40 a.m.

R.C.C. NO. 15
Guingona Present Rigos Present

OPENING OF SESSION . .
Present
Jamir Present Rodrigo . . . . . .
Laurel Absent Romulo . . . . . . Present

At 5:07 the President, the Honorable
p.m., Cecilia
Present
Lerum Present Rosales . .

Sarmiento Present
Maambong .... Present . . . . .
Present Suarez Present

THE PRESIDENT. The session is called to order. Monsod , . .
Present Sumulong . . ., . . Present

Natividad
Tadeo . . Present
Nieva Present .
NATIONAL ANTHEM Nolledo Present Tan . . . Present

Tingson . . . .. . . Present
Present*
THE PRESIDENT. Everybody will please rise to sing Ople
Trefias . . . Present
Padilla Present
the National Anthem. Uka . . . Present
Quesada Present
Everybody rose to sing the National Anthem. Villacorta . . .. . . Present
Rama Present
Villegas , . . Present
Regalado Present
THE PRESIDENT. Everybody will please remain Reyes de los . . . Present
Vicente B. Foz. The President is present.
to the
call.

PRAYER a quorum.
to
MR. FOZ. Almighty God, give us the strength APPROVAL OF JOURNAL
work harder than ever before. Teach us to share further
I move to dispense
the little that we know and have, so that we. Your MR. ALONTO. Madam President,
of the previous session
servants, may achieve our common goal. with the reading of the Journal
Make us forget our self-interests, prejudices, sus- and to approve the same.
people
picions, intolerance and hatred, and listen to our there any objection? (Silence)
THE PRESIDENT. Is
who are far wiser than us. Persuade those of our people approved.
The Chair hears none; the motion
is
who still revere on a pedestal a fallen and false idol, to

move that we
go the way of peace. Help us. Lord, to meet our
self-
nation and for

MR ALONTO. Madam President, I
imposed deadline for the sake of our proceed to the Reference of

Business.
Your greater glory. Amen. (Silence)
approved.
is
ROLL CALL
will call
The Secretary-General
THE PRESIDENT. The Secretary-General Business.
the roll.
THE SECRETARY-GENERAL, reading: following Proposed
Abubakar Present Brocka Present The Secretary-General read the the
. . . . .
and Communications,
Calderon Present ’.solutions on First Reading
Alonto . Present
references.
Present Castro de Present esident making the corresponding
Aquino .
Azcuna . Present Colayco Present

TTTinMC ON FIRST READING
Bacani . Present Concepcion .... Present
Present* Davide Present entitled;
Bengzon .
Foz Present
DECLARING THE PHILIPPINES A
Bennagen . . . . . Present
Present RESOLUTION
Present Garcia NOT BE
NUCLEAR FREE COUNTRY AND SHALL
Bernas .
Present Gascon Present

Rosario Braid . . .

USED FOR STORING OR STOCKPILING NUCLEAR Introduced by Hon. Quesada, Bennagen and Villa-
WEAPONS OR DEVICES. corta.
Introduced by Hon. de los Reyes, Jr. To the Committee on Human Resources.
and Declaration of Principles. Proposed Resolution No. 223, entitled:
Proposed Resolution No. 217, entitled; RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION A PROVISION PROHIBITING ELECTIVE AND
RESOLUTION PROVIDING FOR A CATEGORICAL COM- APPOINTIVE OFFICIALS FROM OBTAINING LOANS
MITMENT TO SECURE A BETTER MORAL ENVIRON- FOR BUSINESS PURPOSES FROM GOVERNMENT-
MENT FOR OUR COUNTRY. OWNED BANKS OR FINANCIAL INSTITUTIONS.
To the Committee on Preamble, National Territory, To the Committee on Accountability of Public Of-
and Declaration of Principles. ficers.

RESOLUTION INCLUDING BETRAYAL OF PUBLIC
TRUST AS ADDITIONAL GROUND FOR IMPEACH- RESOLUTION TO FURTHER STRENGTHEN THE INDE-
MENT. PENDENCE OF THE JUDICIARY BY GRANTING THE
SUPREME COURT AUTOMATIC AUTHORITY TO
Introduced by Hon. de los Reyes, Jr. AUGMENT ANY ITEM OF THE GENERAL APPRO-
To the Committee on Accountability of Public Offi- PRIATIONS FOR THE JUDICIARY FROM SAVINGS IN
cers. OTHER ITEMS OF SUCH APPROPRIATIONS.
Proposed Resolution No. 219, entitled;
RESOLUTION DECLARING THAT THE EXPLOITATION,
DEVELOPMENT AND UTILIZATION OF FISHING
iNo. //o, entitled:
GROUNDS AND MARINE PRODUCTS BE RESERVED
TO FILIPINO CITIZENS. RESOLUTION TO STRENGTHEN FURTHER
MISSION ON ELECTIONS BY GRANTING IT EXC
-
Introduced by Hon. Sarmiento and Tadeo.

SIVE AUTHORITY TO DEPUTIZE LAW ^NFO
To the Committee on the National Economy and ment agencies and instrumentalities
Patrimony. THE ARMED FORCES, IF NECESSARY, FOR
POSE OF ENSURING FREE, ORDERLY, HONEST, A
Proposed Resolution No. 220, entitled: CLEAN ELECTIONS.
RESOLUTION FOR CREATING A MULTISECTORAL Introduced by Hon. Davide,
COM- Jr.
MITTEE IN EVERY PRIVATE SCHOOL TO
OVERSEE To the Committee on Constitutional Commissions
FINANCIAL MATTERS.
and Agencies.
Introduced by Hon. Villacorta and Gascon.
To the Committee on Human Resources. Proposed Resolution No. 226, entitled:
resolution to arrange the PROVISIONS IN THE -
Proposed Resolution No. 221, entitled; BILL OF RIGHTS IN LOGICAL SEQUENCE TO FACIL
RESOLUTION TO INCORPORATE IN THE NEW CONSTI TATE COMPREHENSION BY THE PEOPLE.
TUTION A PROVISION DECLARING THAT ENVIRON- Introduced by Hon. Villegas.
MENTAL PROTECTION AND PRESERVATION SHALL
BE THE RESPONSIBILITY OF THE STATE AND THE
Rights-
CITIZENS OF THE COUNTRY.
Political Rights and
Obligations and Human
Introduced by Hon. Quesada and Bennagen.

227, entitled:
To the Committee on Preamble, National Territory, RESOLUTION TO INTRODUCE
and Declaration of Principles. A SEPARATE ARTICLE
ON SOCIAL JUSTICE AND
TO SET CRITERIA FOR
DISTINGUISHING ITS* PROVISIONS FROM THOSE
Proposed Resolution No. 222, entitled: PROPER TO THE BILL OF RIGHTS AND OTHER
RESOLUTION ADOPTING PROVISIONS ON SCIENCE ARTICLES.
AND TECHNOLOGY FOR INCLUSION IN THE PRO- Introduced by Hon. Villegas.
POSED NEW CONSTITUTION OF THE REPUBLIC OF To the Committee on Social Justice and Social Ser-
THE PHILIPPINES. vices.
Proposed Resolution No. 228, entitled: THE PRESIDENT. Is there any objection? (Silence)
RESOLUTION TO INCLUDE AS SECTION ON THE AR- The Chair hears none; the motion is approved.
TICLE STATING OUR DECLARATION OF PRINCIPLES

A COLLECTIVE VISION OF THE FILIPINO PEOPLE. MR. ALONTO. Madam President, I wish to inform
this body that Commissioner Tan has withdrawn from
Introduced by Hon. Rosario Braid. the Committee on Citizenship due to pressure of work.
and Declaration of Principles. THE PRESIDENT. Let the statement of the Assistant
Floor Leader be duly noted.
COMMUNICATIONS MR. ALONTO. Madam President, I ask that Com-

missioner Sarmiento be recognized.
Communication from the Deputy Executive Secretary,
transmitting a draft constitution submitted by Mr. Floro MR. SARMIENTO. Madam President, I rise on a
S. Caritan, national nominee for the Constitutional parliamentary inquiry.
Commission.
To the best of my recollection, the Commission
(Communication No. 25 — Constitutional Commission agreed in principle on the matter of franking
privilege.
of 1986) Commissioner Nolledo, the father of the idea of con-
Representation
To the Steering Committee. ducting public hearings, and this humble
beautiful place of
were in Naga City yesterday. In that
citizens, asked us
Bicolandia, the people, the ordinary
Communication from the Executive Secretary, transmit- about sending their mails, manifestos
and position
ting a letter from Mr. Bernardo S. Ugsalan of Talakag, Commission free of charge.
papers to this Constitutional
Bukidnon, requesting prerogatives for tribal chieftains in of this frank-
their respective localities and the preservation of an- May I know from the Chair the status
cestral lands of national cultural communities. ing privilege?
(Communication No. 26 — Constitutional Commission THE PRESIDENT. For the information of the Com-
of 1986) that particular resolution
and corresponding
lission
of the Pre^^^^^^
To the Committee on General Provisions. jmmunication were sent to
St week, but since
then no action has been t^Jên
Aside from that, a letter
was also sent to the^
Letter from the Honorable Froilan M. Bacungan, Com- »t
of Justice.
onorable Gonzales, the Minister
mission on Elections, transmitting proposals focusing on to
therefore, requested
civil, political and human rights. The Secretary-General is,
and to seek immediate
,llow up our communication
of 1986)
To the Committee on Citizenship, Bill of Rights, Poli- MR. ALONTO. Madam President.
tical Rights and Obligations and Human Rights.

Floor Leader is
the president. The Assistant
Letter from the Honorable Commissioner Cirilo A. recognized.

Rigos, enclosing a resolution of the National Movement
for Dual Filipino-American Citizenship Status. SUSPENSION OF SESSION
(Communication No. 28 — Constitutional Commission move for the suspension of
the
MR. ALONTO. I
of 1986)
session.
To the Committee on Citizenship, Bill of Rights, Poli-
suspended.
tical Rights and Obligations and Human Rights. THE PRESIDENT. The session is
It was 5:21 p.tn.

MR. ALONTO. Madam President.

recognized.
resumed.
COMMITTEE MEMBERSHIP
MR. ALONTO. Due to the withdrawal from the Com-
mittee on General Provisions of two distinguished Com- Floor Leader is

missioners, I move that Commissioners Nolledo and THE PRESIDENT. The Assistant
Aquino be elected members to this Committee. recognized.

MR. ALONTO. I ask that Commissioner Bengzon franking privilege is supposed to be airected to the
be recognized. people who will send us mails. Is that the request we
made to the Office of the President, Madam President?
THE PRESIDENT. Commissioner Bengzon is rec-
ognized. THE PRESIDENT. That is right, in accordance with
the resolution of Commissioners Tingson and Tan.
MR. BENGZON. Madam President, some of our
fellow Commissioners said that they do not have enough
MR. MAAMBONG. Madam President, considering
committee memberships and that they would want to
that Imyself find it incongruous that the people who
become members of other committees. Madam Pres-
will send us mails will be granted franking privilege
ident, the records show that there are three committees
whereas the Members of the Constitutional Commission
with only seven members; namely, the Committee on
will not be granted the same privilege, in the sense that
Preamble, National Territory, and Declaration of Prin-
we cannot send communications to the people for free,
ciples, the Committee on Amendments and Transitory
I wonder, by way of parliamentary inquiry, if the Chair
Provisions, and the Committee on Local Governments.
would entertain a motion to the effect that we also grant
In view of this, I would like to move, with the con- franking privilege to the Members of the Constitutional
sent of the body, that the membership in these three Commission. I feel that it looks a bit awkward that we
committees be increased from seven to eleven. should not be given that privilege.
I understand that in previous constitutional conven-
tions that worked on our Constitutions, the delegates
motion of the Chairman of the Steering Committee, were granted this franking privilege. I would like to put
Commissioner Bengzon? (Silence) The Chair hears
this request to a motion. Madam President.
The membership in the Committees on Preamble, THE PRESIDENT. As an amendment to whatever

National Territory, and Declaration of Principles; Local request has already been relayed to Malacanang.
Governments; and Amendments and Transitory Pro-
visions is hereby increased from seven to eleven. MR. MAAMBONG. Yes, Madam President.
I now move. Madam President, for
that the request
MR. BENGZON. Thank you. Madam President. franking privilege which has been sent to the Office of
Those who are interested may submit their names to the President of the Philippines be amended by also
the Office of the President. extending franking privilege to the Members of tbe
Constitutional Commission.
MR. DE LOS REYES. I second the motion. Madam
Mr. ALONTO. Madam President.
President.
THE PRESIDENT. The THE PRESIDENT. Commissioner Bacani is recog

Assistant Floor Leader is
recognized. nized.
BISHOP BACANI. May comment on the

MR. ALONTO. ask that we continue
I make a
I the freewheel-
motion at this point?
ing discussion on the citizenship proposals.
THE PRESIDENT. Please proceed. Commissioner
THE PRESIDENT. Is there any
objection to the Bacani.
motion that the Commission continue the freewheeling
discussion on the subject of citizenship and such other BISHOP BACANI. Madam President, I think we have
matters as may be the pleasure of the body? our allowances to cover our mail expenses.
MR. MAAMBONG. Madam President. MR. MAAMBONG. Madam President, I am not

par-
ticularly interested in the fact that we are given allow-
THE PRESIDENT. Commissioner Maambong is ance for this. I am thinking of the principle where
recognized. Members of the Constitutional Commission are not
granted franking privilege, whereas delegates to the
MR. MAAMBONG. Madam President, before we act previous constitutional conventions were granted this
on the motion, I rise on a point of parliamentary in- privilege.
quiry.
THE PRESIDENT. The Chair understands that Com-
THE PRESIDENT. The Commissioner may proceed. missioner Bacani is objecting to the motion, so we have
to put it to a vote.
MR. MAAMBONG. I was listening to Commissioner
Sarmiento, and I understand that the request to grant MR. RODRIGO. Madam President.
MONDAY, JUNE 23. 1986 201
THE PRESIDENT. Commissioner Rodrigo is recog- Those against the motion, please raise their hand.
nized. ( Several Members raised their hand.)
The results show 9 votes in favor and 26 against, the
MR. RODRIGO. May I make some remarks on this
motion is lost.
point?
Now, think there was a motion to continue the
I
THE PRESIDENT. Please proceed, Commissioner freewheeling discussion on citizenship. That was the
Rodrigo. subject of our last meeting.
MR. RODRIGO. A constitution is a fundamental law DISCUSSION ON CITIZENSHIP

directly enacted by the people. So, there is more reason Continuation
for us to listen to the people than for us to communi- Commis-
MR. ALONTO. Madam President, I ask that
cate to them.
sioner Concepcion be recognized.
I really do not think
that there is anything awkward
in giving the people a chance to communicate to us, THE PRESIDENT. Commissioner Concepcion is
postage-free, without giving that same privilege to our- recognized.

selves. As a matter of fact, I think our people will
appreciate this. MR. CONCEPCION. Thank you. Madam President.
In more ways than one, the matter of citizenship is

MR. MAAMBONG. Madam President. Philippines. From the point of
very important in the
question of whether or not
view of policy, there is the
should liberalize the acquisition of Philippine citizen-
we
recognized. not we favor
ship The second point is whether or
with
MR. MAAMBONG. It is customary and normal that double nationality. Both bring .H"'
when we receive communications, even though we could portant problems. Firstly,

who are citizens of the Philip-
provided for in Article IV of the
not really reply in such a manner that would satisfy the pines? They are those
sender, we make a reply. And I think all of us are agreed 1 973 Constitution.
provide that
that we receive mails and they are increasing everyday, The 1935 and 1973 Constitutions
those who were
Madam President. It is inconvenient for us to go to the
Post Office, buy stamps and mail our letters. I do not
ritizens of the Philippines
citizens of the Philippines
are, firstly,
at the time of tôp^
think the Post Office will lose much money, if we are Secondly, under the 1935 Constitu-
said constitutions.
granted franking privilege. tion “those born in
the Philippine Islands of foreign
parents who, before
the adoption of this Constitu-
I submit. Madam President.
public office in <he Phdippine
Son, had been elected to
Islands ” This provision
has no counterpart in the 1973
THE PRESIDENT. Is the Commission now ready to
is obvious. In
those born
Constitution. The reason
of foreign parents who
vote? had been
fn the PhUippines the
in the Philippines before
dected to public office
SOME MEMBERS. part of
Yes.
VIVA VOCE
A
?hTwho wS: Ss
firm nf the 1935 Constitution were
the 1973 Constitution.

already
a. the time of the
adoption of
THE PRESIDENT. As many as are in favor of the of Section 1 of Art. II

Thirdly under paragraph (3)
motion of Commissioner Maambong, please say yea. “those whose fathers were
of the 1935 Constitution
citizens of the Philippine^’
SEVERAL MEMBERS. Yea. in the 1973 Constitution,
tenet has been maintained Pur-
it in two respects;
THE PRESIDENT. As many are against, say nay. which however, has liberalized a
ruant to sX; 1, Art.
Ill of the 1973
Contitution,
an alien retains her Philip-
SEVERAL MEMBERS. Nay. female citizen who marries
VOTING
pine citizenship unless, by
deemed
her act or
have renounced her
to
citizenship. ^
became citizens
morT he children, by an alien father, pujûant
THE PRESIDENT. Which is which now?
rihe Philippines ^pon birth. These
children^
We really cannot distinguish the yeas and the nays.

citeensh.p upon
We will just go by the raising of hands. iattalhy, but may elect Philippine
hey are
reaching the age of majority. Accord ng^^^^
Those favor of the motion of Commissioner
Philippines «êr the 9 3
in
Maambong to also grant franking privilege to the Com- natural-born citizens of the
not so under the 1935
missioners, please raise i\\eivhax\A.(Few Members raised Constitution, although they were
their hand.) Constitution.
Pursuant thereto, citizens of the Philippines are not Upon the other hand, who would profit by the
only those who are so at the time of the adoption of the retention of the Philippine citizenship by the Filipina
said Constitution, and, inter alia, those whose fathers wife of an alien and the Philippine citizenship of their
are citizens of the Philippines regardless of the mother’s child? It is neither the child nor the child’s Filipino
nationality. As regards those bom of Filipino mothers, mother, but her alien husband and father of the child.
the 1935 Constitution merely gave them the option to This alien can, and has generally availed of the privileges
choose Philippine citizenship upon reaching the age of of his Filipino wife and that of their common child.
majority, even, apparently, if the father were an alien or
unknown. Upon the other hand, under the 1973 Consti- Then, conferment of Philippine nationality
again,
tution, children of mixed marriages involving an alien upon does not merely put him on the same
this child
level as the child whose father and mother are both
father and a Filipino mother are Filipino citizens, thus
citizens of the Philippines. Indeed, the alien father mar-
liberalizing the counterpart provision in the 1935
ried to a Filipina belongs to a group which is well or-
Constitution by dispensing with the need to make a
ganized and provided with financial means and other
declaration of intention upon reaching the age of
resources available to Filipinas in general. Hence, the
majority. I understand that the committee would fur-
ther liberalize this provision of the 1935 Constitution.
grant of Philippine citizenship to the child of an alien
The Committee seemingly proposes to further liberalize father and a Filipino mother entails an unfair dis-
the policy of the 1935 Constitution by making those crimination against the full-blooded Filipino. And this
is amply attested to by the predominance of aliens in
who became citizens of the Philippines through a de-
claration of intention to choose their mother’s citizen- our economy.
ship upon reaching the majority age by declaring that would
I prefer, therefore, to submit an amendment, a
such children are natural-born citizens of the Philippines. proposal for amendment to revert to the provisions of
The nationality of the child of a Filipino father the 1935 Constitution. How would Father Bernas react
follows his nationality not that of the alien mother. to this idea?
Thus, we favor the father’s nationality. This rule is
reversed when the father is an alien and the mother a MS. AQUINO. Madam President, may I recog-
Filipina. We then favor the mother’s nationality. nized?
The first question is: Why does the draft resolution
adopt the provision of the 1973 Constitution and not THE PRESIDENT. Commissioner Aquino is recog-
that of the 1935? nized.
It may be said that our policy is Filipino

first and
always. But this is not so under the policy of the MS. AQUINO. I do not intend to debate the
1973
Constitution. Rather, its result is the opposite. Why?
ableCommissioner Concepcion on the proposition tha
he has advanced, although I am constrained to note the
Prior to the adoption of the 1935 Constitution,
there very unfortunate implications of his proposition. It
had been very few petitions for naturalization.
The dangerously and implicitly stated in his exposition tha
1935 Constitution provided that the exploitation, the principle of jus sanguinis is capable of being dicho
development and utilization of our natural resources tomized between the male and the female parentage.
was limited to citizens of the Philippines and to corpora- This does not speak well of our protestations of com-
tions or associations at least 60 percent of the stocks or mitment to the equality of rights of sexes. It is only on
shares thereof were owned by citizens of the Philippines. that point that I would like to register my observation.
Soon thereafter there came an avalanche of petitions for Madam President.
naturalization in our courts of justice. These petitions on
If, asholds, the formulations of the Article
it
had significant features:
Citizenship already recognize three basic principles.
the
(a) over 95 percent of the petitioners were nationals 1) the continuation of citizenship at the time of
of the same country; adoption of the 1986 Constitution; 2) the recognition
(b) practically all of them were engaged in business of naturalization as a legal procedure for acquisition o
in the Philippines; and and 3) the principle of jus sanguinis, why uo
citizenship;
(c) almost all of them had been residents of the we have to unduly distinguish between the male and the
Philippines for many years. female parentage?
Itwas thus obvious that the main goal of then- Thank you. Madam President.
petitions for naturalization was to qualify for the
enjoyment and utilization of our natural resources. It THE PRESIDENT. Thank you.
did not take long for us to feel the effects of the sudden
increase in the number of these naturalized citizens. For FR. BERNAS. Madam President.
a number of years now, hardly any field of
there is
endeavor in the Philippines which is not dominated by THE PRESIDENT. Commissioner Bernas is recog-
such naturalized Filipinos. nized.
FR. BERNAS. Madam President, let me just com- FR. BERNAS. For purposes of this provision, the in-
ment. The first comment is a follow-up on what Com- tendment is, I think, 21.
missioner Aquino has said. Precisely, the reason behind
the modification of the 1935 rule on citizenship was a MR. RODRIGO. It says, “upon reaching the age of
recognition of the fact that it reflected a certain male majority.” there a time limit within which the option
Is
chauvinism, and it was for the purpose of remedying to choose citizenship may be availed of?
that this proposed provision was put in. The idea was
that we should not penalize the mother of a child FR. BERNAS. The established jurisprudence on the
simply because she fell in love with a foreigner. Now, subject is that it must be within a reasonable time upon
the question on what citizenship the child would prefer reaching the age of majority and this reasonable time
arises. We really have no way of guessing the preference has been extended up to three years after reaching the
of the infant. But if we recognize the right of the child age of majority.
to choose, then let him choose when he reaches the age
of majority. I think dual citizenship is just a reality MR. RODRIGO. After three years?
imposed on us because we have no control of the laws
on citizenship of other countries. We recognize a child FR. BERNAS. Yes.
of a Filipino mother. But whether or not she is con-
would not be a reason-
sidered a citizen of another country is something com- MR. RODRIGO. Beyond that
pletely beyond our control. But certainly it is within able time anymore?
the jurisdiction of the Philippine government to require
FR BERNAS. Although there have been extraor-
that at a certain point, a child be made to choose. But I
dinary cases, three or four years
was considered reason-
do not think we should penalize the child before he is who was under the
of an individual
even able to choose. I would, therefore, support the able time in the case
impression all along that he was a natural-bom citizen.
retention of the modification made in 1973 of the male
chauvinistic rule of the 1935 Constitution.
MR. RODRIGO. Madam President, will Commis-
THE PRESIDENT. Commissioner Padilla is recog-
sioner Bernas yield to a few questions?
nized.
THE PRESIDENT. President, I concur with the

Commissioner Rodrigo is recog- MR. PADILLA. Madam
nized, afterwards Commissioners Padilla and Guingona Concepcion. In the 1935 Consti-
lews of Commissioner
citizenship were separated into
ition the provisions on
will follow.
those’ whose fathers”

and “those whose mothers. In
joined without choice
MR. RODRIGO. According to the 1935 Constitution, le 1973 Constitution, they were
the following are citizens of the Philippines: provided in Commonwealth Act 625. How-
r election
of the 1973 Constitution reads:
Those whose mothers are citizens of the Philippines and, /er, paragraph 3
upon reaching the age of majority, elect Philippine citizen- citizenship pursuant to the
Those who elect Philippine
of nineteen hundred and
provisions of the Constitution
ship.
We have incorporated this in the draft and, more, we thirty-five.
consider them natural-born citizens. 973 Constitution,

appears incongruous that in the
1
It
mentioned about election, and yet it
makes
othing is
FR. BERNAS. Yes. election pursuant to or in ac-
Terence to the right of
That is why Com-
idance with the 1935 Constitution.
MR. RODRIGO. My question is; When this provision
issioner Bernas had to
explain this paragraph 3 which,
in the 1935 Constitution was enacted, the voting age, It applies only to a
xording to him, is only transitory.
as well as the age of majority, was 21. What is the age of date, January 17, 1986.
irtain
majority now that the voting age has been reduced to was not a Delegate of
Madam President, although I
18?
le 1971 Constitutional
Convention - for I was an in-
1973 Constitution
imbent Senator - I feel that the
FR. BERNAS. The age of majority really depends on same level paragraphs 3
hich joined or placed in the
the purpose for which it is being determined. For pur- the instance
id 4, about fathers and mothers, was at
poses of the Election Law, the age of majority is 18. For
^ the feminist movement for equal rights of women
purposes of marriage, it is something else. For purposes
ith men. I know of many prominent female lawyers
of entering into other contracts, it is something else
le of them our distinguished Secretary-General-who
is
also, as I recall. they ee
ive been fighting for equal rights, because
provisions in the Civil Code which do
not
at there are
MR. RODRIGO. Madam President, for purposes of
and are in a way
larantee or provide for equal rights
this provision, what is the age of majority?
204 MONDAY. JUNE 23, 1986
discriminatory in favor of the father or the male as tion — fathers first, then mothers — so as to grant the
against themother or the female. children practically the same rights of citizenship. If the
But the fact is that when a Filipino male marries a child of a Filipino mother married to a foreigner is born
female foreigner, the father has the choice of residence, in the Philippines, I agree that the child is a Filipino
being the head of the family under the Civil Code. Thus, citizen. After all, there will be no problem for dual citi-
they usually reside in the Philippines. And most of the zenship. At any rate, we would give the child the option
time, if not always, their children are born in the Philip- or the right to elect upon reaching the age of majority.
pines. On the other hand, a Filipina citizen who marries Thank you. Madam President.
a foreigner usually follows the residence of her husband
and they reside abroad. Moreover, the child carries the MR. DE LOS REYES. Madam President, will Com-
surname of the father. This is also true in the case of a missioner Padilla yield to a few questions?
child born of a Filipino father and an alien wife, the
child carries the surname of the Filipino father. MR. PADILLA. Willingly.
So, if a Filipina marries an American, the couple
usually resides in the United States. Thus, their child is THE PRESIDENT. Commissioner de los Reyes is
born in the United States. Under the accepted principle recognized.

of jus soli, which is commonly followed in other coun-
tries — we do not give precedence to jus soli
although MR. DE LOS REYES. In the 1935 Constitution,
because rather adhere to the rule of jus sanguinis —
we when the child is illegitimate — the Filipino mother is
that child is an American citizen. Yet the 1973 Consti- not married to the alien — the child follows the citizen-
tution provides that said child whose mother is a Filipina ship of his mother.
is a Filipino citizen. That gives rise to what Commis-
sioner Romulo raised about dual citizenship. If that MR. PADILLA. That is correct.
happens, for example, in Australia or in Canada, I
suppose it is the same situation. MR. DE LOS REYES. Therefore, if we allow that
Let us take the case of a Filipina who marries a situation to continue, an illegitimate child practically
German national who is neither working, doing business, enjoys better rights than a child whose Filipino mother
nor residing in the Philippines. Usually, the couple lives has the decency to marry the alien father. Moreover, if
in Germany and their child is born in Germany. So, the
we revert to the previous concept in the 1935 Consti-
question is complicated by that situation. The fact is tution, it will encourage alien fathers to continue their
that the child whose mother is a Filipina and married to illegitimate relations with the Filipino mothers so that
their children can have Filipino citizenship. That is one
a foreigner and residing abroad gives rise to complica-
of the reasons why we adopted the provisions in the
tions.
1973 Constitution.
Madam President, I believe that while we must
respect the equality of rights of both male and
female, de los
especially before the law, we cannot ignore the fact
MR. PADILLA. agree with Commissioner
I
it is only the female, in this

that
Reyes that the relationships should be legitimate; tha
instance a Filipino mother,
is, with marriage. But if the couple is not
who gave birth to the child. So, I suggest that this Com-
Civil Code provides that the citizenship of the ch
mission restore paragraphs 3 and 4 of the 1935 Consti- o
follows that of the mother. It is not because we want
tution with this amendment, so that paragraph 4 would be-
encourage illegitimate or nonmarital relationship
read: “Those whose mothers are citizens of the Philip-
tween a Filipina and a foreigner, but the fact rernains
pines and ARE
BORN IN THE PHILIPPINES, or upon that in such a case, we cannot paternity of the
establish
reaching the age of majority, elect Philippine citizen- fac
child. We know the fact of birth by a mother, the
ship.”
of maternity is a ground for recognition. But birth m
With the retention of paragraph 4 and with that itself is not a ground for paternity. There is really
no
suggestion that they must be born here, their right of clear relation between the child and the father unless
citizenship as a Filipino citizen is recognized as natural- there are grounds for voluntary recognition or compul-
born. sory acknowledgment.
Now, paragraph 3 of the 1973 Constitution may have
some meaning because it expressly mentions those who MR. DE LOS REYES. Yes. But we know for a fact
We do not even have to say,
elect Philippine citizenship. that because of this provision, alien fathers were en-
“pursuant to the provisions of the Constitution of nine- couraged to marry their Filipina live-in partners because
teen hundred and thirty-five.” What I am driving at is they had no more fear that if they marry, their children
that for a student of law, he can say: “those who elect will follow the citizenship of their fathers.
Philippine citizenship.” The 1973 Constitution does not That is all. Commissioner Padilla.
mention any such right or election. It still makes refer-
ence to the 1935 Constitution. So, we might as well MR. PADILLA. does not follow that a foreign
It
retain the two separate provisions of the 1935 Constitu- husband marries a Filipina simply because the former
wants the child to be a Filipino. That is non sequitur, MR. GUINGONA. No, did not talk about danger. I
I
because the foreigner marries the Filipina perhaps be- was just comparing. I just said that there were distinc-
cause he wants his child to follow his citizenship. That tions found in citizenship laws — even in our laws
—
is the usual way — the child follows the citizenship of such that the woman follows the citizenship of her hus-
his father. band. Nowhere do we find a provision which says that
the husband follows the citizenship of the wife.
THE PRESIDENT. Commissioner Guingona wants to
be recognized. MR. DE LOS REYES. thought the Commissioner
I
expressed that fear. Nevertheless, this point on the

MR. GUINGONA. Thank Madam Filipino woman following the citizenship of
her hus-
you, President.
band is taken care of by Section 2, which states:
There are some observations I would like to make
which are not related to the point at issue. But in con- A female citizen of the Philippines who marries an alien
retain her Philippine citizenship,

unless by acts or
nection with the discussion we have just heard, at the shall
law she deemed
omission as defined and determined by
is
risk of being branded a male chauvinist, I would like to
say that the citizenship laws really distinguish between to have renounced her citizenship.
the father and the mother. For example, under many

citizenship laws, the wife follows the citizenship of the MR. GUINGONA. was not expressing any fe^ but
I
it, I would like to
husband. I am not aware of any law which provides that since the Commissioner mentioned
with this because here we
the husband follows the citizenship of the wife. express the fear in connection
dual citizenship.
Anyway, my
observations are: First, with regard to will have a case of
Section 1, paragraph 2 of Resolution No. 7 which says:

Commissioner Bemas answer
“Those whose fathers or mothers are citizens of the THE PRESIDENT. Will
Philippines,” I am wondering if we could use the ex- le query of Commissioner Guingona?

pression “Those born of a Filipino father or mother.” I
of adoption on
far as the effect
suggest this in order to avoid some questions that may FR. BERNAS. As the Com-
individual is concerned,
arise because of the nonuse of the word “born.” For he citizenship of the the old ru e.
that we are following
example, a child is born of a Filipino father and during ifttee just assumed rule.
political
a civil rule, not a
his minority, the father a naturalized citizen
becomes he ru/e on adoption is
of another country. During the minority of the child,
MR. REGALADO. Madam
President.
his citizenship is challenged because his father is no
longer a Filipino. Therefore, the problem of determining Commissioner Regalado is recog-
whether that child under this provision is Filipino or not THE PRESIDENT.
will now come out. Also, this is clear as far as lawyers ized.
are concerned: That adoption is a civil act and does not Commissioner Bemas is
MR RFGALADO. Since
have an effect on citizenship because citizenship is a
may I be permitted to ask a few
“ady on the podium,
political status. would like to seek clarification
But I
I
from Honorable Bernas whether his Committee has con-

sidered this matter of legal adoption. A child who is
BERNAS. Willingly.
legally adopted by a Filipino father would automatically FR.
be the child of that Filipino father. Commissioner Regalado may
the PRESIDENT.
Finally, I would like to mention that one of the
)ceed.
matters discussed very heatedly in the 1971 UP Law
we had the last
Center Constitution Project was the issue of dual citi- RFGALADO. In the discussion
MR. REGALA
MR
Committee was liberalizing
zenship which I think should be discussed at length, if
we have the time. 'r„„“o“Art"cle
4 ot Article III which states that a natural-bom
;tion 1
Philippines from
Thank you. to acquire or
to perform any act
t^ without having was an amend-
MR. DE LOS REYES. Madam
Gentleman yield to one more
President, will the
question?
fecr ^ citizenship. There
Philippine
MR. GUINGONA. Willingly.
THE PRESIDENT. Commissioner de los Reyes is
recognized.
FR. BERNAS. Yes.
MR. DE LOS REYES. Did Commissioner Guingona That quite

say that the danger lies in the fact that when a Filipino MR. REGALADO. is
there are P
woman marries an alien, she follows the citizenship of der our Constitution,
natural-born citizens.
,t can be held only
by
her husband?
FR. BERNAS. Yes. vidual serves in the armed forces of a nation with which
the Philippines has a mutual defense pact, he is not
MR. REGALADO. Let us draw some parallelism with stripped of his Philippine citizenship.
some situations there is a common deno-
and see if
minator. Let us say that a Filipino male, natural-born MR. REGALADO. In other words, the Gentleman
Filipino citizen, happened to lose his citizenship while would distinguish from the case of a natural-born
it
abroad by naturalization. After a few years, he came Filipino who takes foreign citizenship by naturalization.
back to the Philippines and, through the process of If he takes an oath of allegiance to a friendly foreign
repatriation by simply taking his oath of allegiance to country as in this case, he would not lose his Philippine
the Philippine Republic, he reacquired his Philippine citizenship.
Would the Committee consider that within
citizenship.
the context of the liberalized amendment adopted by BERNAS. That is my recollection of our Natural-
FR.
the Committee, he be considered a natural-born citizen ization Law — that if the Philippines has a mutual
which he actually was at the time of birth? defense treaty with a nation, a Filipino who serves in
the army of that nation does not lose his citizenship.
FR. BERNAS. The Committee did not consider that. But if he takes his oath of allegiance there, that is
My own personal thinking on this is that the status of another question.
being a natural-born citizen is like a balloon — once it
is pricked, it is gone forever. MR. REGALADO. Let me turn to another point.
MR. REGALADO. With respect to a child who There has been some concern expressed about citizen-
became by election, which the
a Filipino citizen Com- ship by naturalization through legislative process which
mittee is now planning to consider a natural-born citi- was allowed in the previous regime. One of the reasons,
zen, he will be so the moment he opts for Philippine I understand, advanced for the argument against their
citizenship. Did the Committee take into account the having to go through judicial confirmation of their
fact that at the time of birth, all he had was just an citizenship, even in a summary proceeding, is that such
inchoate right to choose Philippine citizenship, and yet, judicial confirmation process would affect the workload
by subsequently choosing Philippine citizenship, it of our courts of justice. The other reason given was that
would appear that his choice retroacted to the date of they had already acquired the rights of citizenship and,
his birth so much so that under the Gentleman’s therefore, this proposed requirement should not be
pro-
posed amendment, he would be a natural-born citizen? retroactive, since there is still the remedy of denatural-
ization in the event they turn out to have been un-
FR. BERNAS. But the difference between him
and worthy of being Filipino citizens through that legislative
the natural-born citizen who lost his status process.
is that the
natural-born who lost his status, lost it
voluntarily; Has the Gentleman’s Committee ascertained the
whereas, this individual in the situation
contemplated in number of foreigners who were so naturalized by legis-
Section 1 paragraph 3 never had the chance to choose.
,
lative process under the previous regime?
MR. REGALADO. Let me move to another situation.

FR. BERNAS. No, the Committee did not make any
A natural-born Filipino citizen is overtaken by a official effort to ascertain but the Committee did make
world war in a foreign country. He joins the an effort to recollect.
armed
forces of that foreign country which is an ally
of the
Philippines, and, as a consequence, he had to take an MR. REGALADO. remember having read some
I
oath of allegiance to that foreign country. If I remember decrees conferring Philippine citizenship on particular
my Revised Naturalization Law, one of the ways of persons and then, later, there was the simplified method
losing Philippine citizenship is by serving in the
armed — administrative in initiation but legislative in con-
forces of a foreign country - let us say, a ferment of Philippine citizenship — through pres-
friendly
foreign country. A case in point took place during idential decrees on quite a number of them. I was just
the
Second World War when the son of one of our former thinking that perhaps the number of those citizens who
Senators who enlisted in the British Air Force had to acquired citizenship by such legislative process under
take an oath of allegiance thereby losing his Philippine the previous regime could be considered and yield some
citizenshipby reason of such foreign military service. help on the matter. If there were just a few of them, I
Let us assume that he came back to the Philippines after suppose judicial confirmation would not be such an
the war, took his oath of allegiance to the Philippine unwieldy imposition on the judiciary. But if they were
Republic, and was repatriated as a Filipino citizen. by the thousands, it might affect, of course, the work-
Would he be extended the liberalized policy of being load of the judiciary. We should also consider the point
deemed a natural-born Filipino citizen under Section 4? raised by Commissioner Concepcion about the fact that
even in judicial naturalization, there were some irregula-
FR. BERNAS. First of all, my recollection of the rities and much more so in this legislative process, the
Naturalization Law on this subject is that, if an indi- number of people so conferred such citizenship by
legislative fiat could also pose a danger to the security that by giving these to children of Filipino mothers
of our country. whose fathers are foreigners will give these children rights
Is there any way for the Gentleman’s Committee to
which are more effective than those possessed by othei
possibly determine the number of naturalized citizens
Filipinos. We
have an illustration in the so-called Parity
as a consequence of that legislative process?
Amendment to the Constitution of 1935. Theoretically,
the Americans were given the same rights as the Fili-
pinos, but, in fact, the Americans got better rights than
FR. BERNAS. I think that is a matter which can
those of Filipinos. Reason: In the competition between
easily be answered by the Ministry of Justice.
the Filipinos and Americans, the Filipinos were always
at a disadvantage because the Americans had better and
MR. REGALADO. Thank you, Commissioner Bernas.
greater financial facilities. And this is also true as regards
naturalization. First, aliens who are poor do not apply
THE PRESIDENT. Commissioner Concepcion seeks
for naturalization. If they do, they would not qualify
to be recognized. He may proceed.
for naturalization. They could validly claim to have a
lucrative occupation. There was a time when it was held
MR. CONCEPCION. Thank you. Madam President.
that “lucrative” meant enough to keep body and soul
Prior to 1935 attention to the matter of
nobody paid together or, not a burden on society. But subsequent
citizenship. There were very, very few cases of petitions decisions construed “lucrative” as meaning that the ap-
for naturalization and yet we had a sizeable population plicant would be an asset to the community. Then
of foreigners who had resided in the Philippines for 20, again, applicants for naturalization were mostly busi-
30 or 40 years, but the framers of our 1935 Constitu- nessmen who generally have better financial backing
tion realized — when the Constitutional Convention of than that of the average Filipinos. Even banks are
now
1934-35 met to draft the Constitution — they realized under the overriding influence of aliens or naturalized
then that foreigners were getting an increasing control citizens. If our citizenship and
naturalization laws
maintain this present policy, I am afraid
of practically everything in the Philippines. And so, they that aliens
not only our
felt they should do something to see to it that some- or naturalized citizens will dominate
thing was left for the Filipinos. The 1935 Constitution economy but, also, our policy-making organs.
adopted a policy of partial Filipinization in the enjoy- pro-
The present and the proposed constitutional
ment of natural resources and in the operation of public to national interest
visions on citizenship are inimical
utilities. Hence, the restrictive provisions in the Consti- nationality
and conducive to serious problems of double
tution of 1935. But the fact that citizenship was a major unity, for the
and conflict of laws. It undermines family
factor of our development in this country, was made with
alien husband’s national law may be
inconsistent
manifest by the fact that, as soon as the 1935 Constitu- the Philippine law on the rights and
prerogatives of the
tion was ratified, thousands of these foreigners
— who
Filipina wife, particularly on the parental authority over
had resided in the Philippines for many years and
did disposition ot
- started filing the children and the administration and
not care to apply for naturalization are the effects of
naturalization. I
the conjugal property. No less serious
hundreds, then thousands of cases for conflicts of allegiance arising from double nationality.
do not think that the members of the 1935 Constitu-
tional Convention were then more sympathetic to the MR. OPLE. Madam President.
Filipinos or to the Philippines than they were

before.
Commissioner OpIe is recognized.
The only explanation for the provisions on citizenship THE PRESIDENT.
in the 1935 Constitution is that citizenship is the back-
door to the enjoyment of our natural resources and the MR. OPLE. Commissioner Concepcion kindly
Will
operation of public utilities. The liberalization of the yield to a question or two?

provisions on citizenship in the 1973 Constitution has
led to a very marked increase in our applicants for MR. CONCEPCION. Gladly.
naturalization and what the Constitutional Convention remarks

MR. OPLE. think the Commissioner’s
of 1935 was afraid of became a reality. In the movies,
I
importance for
clubs, infinances and banking, practically in
every inched on a subject of great strategic
to do with citizen-
branch of endeavor, from prostitution to production ational development and this has
now as the key to economic
opportunities in the coun-
of goods in business and trade, we are dominated lip
he wouia
right,
by naturalized citizens. This condition was considerably y. If got the Commissioner’s bearings
I
access to economic
worsened by the 1973 Constitution and certain
decrees 5much as possible tighten up this
more astringent
issued during the martial law regime. It is important to pportunities in the Philippines by
resources Fi fo 1 o n q\X/C*7
control the door to the enjoyment of natural
r» 1 1 rr 1
and operation of our public utilities, if we wish to main-

MR. CONCEPCION. Correct.
tain the policyof Filipinization in relation thereto. I am
sure that the distinction between children born of a think that
MR. OPLE. Does not the Commissioner
foreign father and children born of a Filipino mother because
this insight into our situation is a little bit late
was not motivated by any idea of inequality. I maintain
most of the overseas communities in the Philippines that the experience of Commissioner Concepcion. But,
presumably the Commissioner referred to, according to certainly, I know many who seemed to
Filipino-Chinese
my impression, are already naturalized, leaving just a have grown a deep attachment to this country and who
few perhaps of the older generation who have remained now seem to share the deepest values that we have as
obdurate in their attachment to, let us mention the Filipinos. There might be exceptions.
word, China, and therefore would like to die as Chinese
But I the experience of the Members
do not know if
rather than take the daring act in their old age of chang-
of the Constitutional Commission supports the ob-
ing their citizenship? So, there are a few left who are
servation that, in fact, the assimilation policy has
subject to naturalization.
worked well and the Filipino-Chinese among us, espe-
I think what has happened is, an assimilation policy, cially the younger generation, seem now to strongly
whether intended or not, has been put into effect since identify with our own national values and aspirations.
the 1935 Constitution. As a result, you have your
But, of course, I have no quarrel with the thesis put
national community now considerably enriched by fresh
forward by Commissioner Concepcion. I just thought
infusions from another race. Today some columnists
we could put some of his remarks in a longer historical
speak of the resurgence of the celestial Filipinos and
perspective. And as far as I am concerned, I will not
their new prominence in the halls of power.
quarrel with his proposal for raising the standards for
I do not know about the exact correlation between a the naturalization of future Filipinos.
policy of assimilation through naturalization and the
distribution of economic opportunities. I think some
of
us will recall that in the earliest decades of the MR. CONCEPCION. Madam President.
Spanish
colonization, the Chinese in the Philippines
were
prevented from engaging in agriculture. The Commis- THE PRESIDENT. Commissioner Concepcion is
sioner must recall that in the 16th and 17th centuries, recognized.
until just about the era which Rizal wrote of in the
MR. CONCEPCION. May react to the
words of
Noli Me Tangere and El Filibusterismo, they were I
denied access to agriculture and, therefore, Commissioner Ople?

they decided
to go massively into commerce
and trade. And, of
course, the Filipinos remained the THE PRESIDENT. Please proceed.
peasants, while the
Chinese emerged as the new class in
business and MR. CONCEPCION.
industry. I will say only two
do we want o
maintain the policy
still to
^
And more recently, would like to ask Commissioner
I Filipinization of the enjoyment of natural reso •
Concepcion if he remembers the Filipino retail trade, the operation of public utilities? If we want to m
the act nationalizing the retail trade, because
of the the same, we must see to it that the matter o ^
profound concern that the Commissioner is now tion of citizenship by naturalization is made as s
re-
iterating - that even down to the possible.
last hamlet in the
country it was these, I call them celestial
Filipinos or And the second point that I would want to
our celestial guests, who were running
the sari-sari
stores. I think the effect was a
to is that although we
seemingly are more -u
massive displacement. now, yet I feel that the Filipino people are poorer, inuc
And today, most of the sari-sari stores are, in fact, run
poorer than before, and that aliens or natura
by Filipinos. In the meantime, the celestial
peddlers and citizens are much richer than before. It is for the na
small storekeepers have graduated into
banking — I or the Filipino people to decide what policy to adopt.
think the Commissioner also referred to that —
to a
degree that they seem now to hold the levers of feel that by adopting a policy leading
I
power
through the control of banking. So that citizenship of a child of alien father and
whenever by os
law or by policy one sought to displace mother, that child has better opportunities than
them in one natura
area, by some special gift that they seem to possess and now available to children whose parents are both
na^
which we seem to lack, they just graduate into a higher born of the Philippines. Then too, double
citizens
rank of control and prominence in our economic life. tionality is conducive to the complex problems o
And, therefore, perhaps, in the first place, it might be conflict of laws, of private international law.
too late because most of them have now become ' Suffice it to say that these problems are among the
naturalized Filipinos; in the second place, the assimila- hardest, the solutions to which are the least develope
tion policy seems to be not a total failure. in the entire field of law.
I remember a book out of the University of Chicago Thank you. Madam President.
three or four years ago wholly devoted to the thesis of
how to make the most of the overseas Chinese minori- THE PRESIDENT. Does Commissioner Villacorta
seek to be recognized?
ties in the economies of Southeast Asia, which means
one can regard them as an asset or a blessing rather than MR. VILLACORTA. Thank you Madam
very much.
a bane, and I do not know whether this is supported by
President.
MONDAY. lUNE 23, 1986 209
THE PRESIDENT. Commissioner Villacorta is recog- they sought Philippine citizenship to avoid being under
nized. a communist or socialist rule.
In the same manner, with regard to those who did not

MR. VILLACORTA. May address some questions to
I
apply for naturalization from 1935 to 1973, despite
Commissioners Concepcion and Bernas?
many years of residence in the Philippines, were they
I am glad that the discussions on citizenship are on merely motivated to do so in view of the provision con-
the less legalistic subject of assimilation. I would like to cerning conservation of our natural resources and the
ask the Commissioners about the advisability of requir- operation of pubhc utihties?
ing naturalized citizens to genuinely integrate them- people who really feel like Filipinos
We welcome
selves in the national mainstream. A psychologist has naturalization. Of course, there may
when applying for
said that one becomes a Filipino when he thinks he is a exceptions, but, as a matter of general
be individual
Filipino. trend, that is not a fact.
As Commissioner Concepcion has suggested, too
Since one of the requirements for naturalization is a
many of our naturalized citizens are Filipinos only in
reasonable command of the language, most of these
name and for convenience. Would it be all right to re-
applicants for naturalization take lessons in Filipino-
quire them to adopt a Filipino name, learn the national Tagalog. The applicants’ manifest eagerness to comply
language and send their children to Filipino schools? with this requirement unfolded a number of very
Moreover, would it be advisable to oblige them to
interesting situations.
respect Filipino customs and traditions and never to
Sometimes, applicants for naturalization answer a
exercise discrimination in commerce and employment
against natural-bom Filipinos? Our naturahzation ew simple questions from the fiscal, and the applicant
sa Constitu-
laws are inadequate in meeting these requirements. vould say “O, wala nang tanong? About
and so or sue an
:ion, tanungin mo ako, how about so
This proposal of mine is twofold; it carries with it an been rehearsed by
such.” In other words, they had
incentive. In order to motivate naturalized citizens to would address
somebody, hoping that the questions
assimilate themselves and also to reduce a two-way to
themselves to those who are asked
discrimination, would it be all right to propose that possessed our^ native
they studied and reasonably
naturalized citizens who have proven themselves to be
language.
worthy of being called Filipinos for over a period of
time be considered natural-born citizens? In other
words, the stigma of being a second-class citizen which
breeds mutual discrimination and invites corruption and THE PRESIDENT. Thank you.
unpatriotic acts will phase itself out after a probation The Vice-President is recognized.
period. Those who refuse to be assimilated and become
would like to state,
guilty of unpatriotic activities will be denaturalized. MR. PADILLA. I
ent, that our Revised Naturalization

This proposal could be true to our ideal of building those who are qua
ealth Act No. 473, provides for
a just and humane society because discrimination in any
id those who are disqualified °
form, particularly racial discrhnination, will now be by Commissioner gê
le purpose mentioned
absent in our country. for m the N^tura
)od but these are already provided
ition Law. In other words,
addition jome reqê-
MR- CONCEPCION. Madam President. in
forth, e a
ents regarding residence and so
applicant for naturalization
shou
the
the president. Commissioner Concepcion is lat
aalifications and none of the
disqualifications,
j *
recognized. is that e app

lose provisions, one requirement
Spanish or a native
lould be able to speak English or
MR CONCEPCION. Rather than emphasize the dis-
send his cii
ialect. It also requires that he
position of the naturalized citizen
- to be integrated history,
^ ’
- ilipino schools where Philippine •
into our community

what I believe to be of more wi
taught and that they mingle socially
importance is proot of the fact that the one seeking our cus o
ith the intention of imbibing
naturalization after so many years of residence in this
aditions.
country really do feel like a Filipino citizen.
for and was
So, the foreigner has applied
suppose the Members of the Commission are aware
if
I naturalization a
itizenship judicially under the
,
of the fact that, when we were induced by the Ameri- o e

enough safeguards for the applican
cans to withdraw recognition of the Chinese govern-
re
The problem is that
ment in Taiwan and to recognize the People’s Republic ilipino citizen.
descent resi i
Dreigners, especially of Chinese
in mainland China, practically all members of the Fi^pino citizen h p not
hilippines, who have obtained
nationalist group in the Philippines applied for citizen- exec
ship. do not think that this is a manifestation of their irough judicial procedure but through
I
liberaliza ion o e
identification with the Philippines. It was obvious that dministrative proceedings, through
naturalization law by letters of instruction of the former One more comment about Commissioner Guingona’s
Chief Executive. But the problem is that many of these remark that instead of saying “those whose fatliers or
naturalized citizens have already acquired their rights as mothers are citizens of the Philippines,” it should be
citizens and it may not be possible to divest them of “children born of Filipino fathers or mothers”: the
their citizenship unless they fall under the provisions of problem with that suggestion, Madam President, is that
the naturalization law which also provide for the canwe may be recognizing the principle of jus soli when our
cellation of their certificates of citizenship. jurisprudence and legislation have been adhering to the
During the time when Iwas a member of Congress for principle of jus sanguinis.
three terms, there was no naturalization by legislation Thank you.
except in very few exceptions — like in the cases of
those priests and educators who had spent practically MR. ALONTO. Madam President.
their entire lives in the Philippines and had rendered
valuable services to the education of our youth. So,
when they mentioned the legislative process, I sort of THE PRESIDENT. The Assistant Floor Leader is
recognized.
reacted adversely because Congress had not granted
naturalization by legislation. What had been granted
were naturalizations through LOIs, which were adminis- ADJOURNMENT OF SESSION
trative in nature through the Solicitor General’s Office.
In the past, as former solicitor generals, we were very MR. ALONTO. There being no more matters in the
strict with regard to applications for naturalization. And agenda,I move that we adjourn until five o’clock
even when the trial court had granted them their peti- tomorrow afternoon.
tions for naturalization, we usually appealed to the
Supreme Court for a review if we felt that there had THE PRESIDENT. The session is adjourned until
been no complete compliance with the qualifications tomorrow at five o’clock in the afternoon.
and the disqualifications under the Naturalization Law. It was 7:07 p.m.
R.C.C. NO. 16
OPENING OF SESSION Lord of our history, Father of our people, be with us

as we march towards a new day and help us realize in
At 5:17 p.m., the President, the Honorable Cecilia these halls that brother helped by brother is like a
Munoz Palma, opened the session. strong city built on the rock of faith in our people and
hope that one day we shall all be free. Amen.
ROLL CALL
NATIONAL ANTHEM
THE PRESIDENT. Everybody will please rise to sing the roll.

Everybody rose to sing the National Anthem. THE SECRETARY-GENERAL, reading:
Present Natividad Present
Abubakar
Present
THE PRESIDENT. Everybody will please remain Alonto Present Nieva
Present
for the Prayer to be led by the Honorable
standing Aquino Present Nolledo
Ople Present
Edmundo G. Garcia. Azcuna Present
Present PadUla Present*
Bacani
Everybody remained standing for the Prayer. Present*
Bengzon Absent Quesada
Rama Present
PRAYER Bennagen Present
Present Regalado Present
Bernas
MR. GARCIA. A reading from the Gospel according Rosario Braid . . . Present Reyes de los ... Present
to Luke, Chapter 4, verses 16-19; Present Rigos Present
Brocka
Rodrigo Present
Then Jesus went to Nazareth, where he had been brought Calderon Present
Present Romulo Present
up, and on the Sabbath he went as usual to the synagogue. Castro de
Present Rosales Present
He stood up to read the Scriptures and was handed the Colayco
Sarmiento Present
book of the prophet Isaiah. He unrolled the scroll and Concepcion .... Present
found the place where it is written. Davide
Poz
‘The Spirit of the Lord upon me, because He has
is
Tadeo Absent
Garcia Present
chosen me to bring good news to the poor. He has sent me Xan Present
Gascon Present
to proclaim liberty to the captives and recovery of sight to Tingson Present
Guingona Present
the blind, to set free the oppressed and announce that the Present
Jamir Present Trenas
time has come when the Lord will save His people.’
Uka Present
Laurel Absent
Dear God, our Father, You, who so loved the world Lerum Present Villacorta Present
that You pitched Your tent among us, be with us today Maambong .... Present Villegas Present
as we work together in drafting the law of the land that Monsod Present
will help set our people free: free from poverty and
hunger, free from injustice and oppression, free to break The President is present.
down the barriers which prevent us from truly becoming The roll call shows 43 Members responded to the
call.
brothers and sisters to one another.

of
Lord, Father of us all, forgive us for our shortcomings THE PRESIDENT. The Chair declares the presence
Help us to listen and learn, to respect the word of a quorum.
another and to understand the concern of those who are
poor and powerless.
We are a rich country, but our people are poor. We
are an independent Republic, but we are still struggling Floor Leader is
to be sovereign. We want to be a nation, proud to walk THE PRESIDENT. The Assistant
our own path, before the concert of nations. recognized.

APPROVAL OF JOURNAL Introduced by Hon. Trenas.
MR. ALONTO. I move that we approve the Journal To the Committee on the Judiciary.
of the previous session.
Is
RESOLUTION PROVIDING FOR THE INCLUSION IN THE
ARTICLE ON THE EXECUTIVE DEPARTMENT A SPE-
MR. ALONTO. Madam move CIFIC PROVISION REDEFINING THE POWER OF THE
President, I that we
proceed to the Reference of Business. CHIEF EXECUTIVE OVER LOCAL GOVERNMENTS.
Introduced by Hon. Regalado.
Is there
The Chair hears none; the motion is approved. To the Committee on the Executive.
The Secretary-General will read the Reference of Proposed Resolution No. 235, entitled.
Business.
RESOLUTION PROVIDING FOR THE DISQUALIFICA-
REFERENCE OF BUSINESS TION OF MEMBERS OF THE LEGISLATURE FROM
The Secretary-General read the following Proposed PARTICIPATING AS COUNSEL IN JUDICIAL, QUASI-
Resolutions on First Reading and Communications, the JUDICIAL, OR ADMINISTRATIVE PROCEEDINGS AND
President making the corresponding references: PROHIBITIONS AGAINST THEIR HAVING FINANCIAL
INTERESTS IN CERTAIN TRANSACTIONS.
PROPOSED RESOLUTIONS ON FIRST READING Introduced by Hon. Regalado.
Proposed Resolution No. 229, entitled: To the Committee on the Legislative.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Proposed Resolution No. 236, entitled:
TUTION AN ARTICLE ON ACCOUNTABILITY OF PUB-
LIC OFFICERS. RESOLUTION PROPOSING A PROVISION IN THE NEW
CONSTITUTION AUTHORIZING THE CHIEF JUSTICE
TO ADDRESS THE LEGISLATURE.
To the Committee on Accountability of Public Of- Introduced by Hon. Romulo.
ficers.
RESOLUTION TO INCORPORATE IN THE NEW Proposed Resolution No. 237, entitled:
CONST!
TUTION STATE POLICIES CONCERNING
THE ARMEI RESOLUTION TO ESTABLISH FREEDOM PARKS IN ALL
FORCES OF THE PHILIPPINES.
TOWNS, CITIES AND PROVINCES IN THE PHILIP-
Introduced by Hon. de Castro. PINES.
To the Committee on General Introduced by Hon. de los Reyes,
Provisions. Jr.
231, entitled:
RESOLUTION TO INCORPORATE IN THE Political Rights and Obligations and Human Rights.
NEW CONSTI-
TUTION STATE POLICIES TO PREVENT Proposed Resolution No. 238, entitled:
THE SAD
EXPERIENCES OF THE FILIPINO PEOPLE DURING
THE TWENTY-YEAR RULE OF THE DEPOSED RESOLUTION TO STRENGTHEN THE CIVIL SERVICE
REGIME. COMMISSION BY INCORPORATING IN THE NEW
CONSTITUTION PROVISIONS REQUIRING THAT AP-
Territory
POINTMENTS THERETO SHALL BE MADE FROM A
and Declaration of Principles. LIST OF NOMINEES
SUBMITTED BY VARIOUS SEC-
TORS AND INCREASING THE QUALIFICATIONS FOR
Proposed Resolution No. 232, entitled: appointment as COMMISSIONER.
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI- Introduced by Hon. Davide,
Jr.
TUTION SECTION SIX OF ARTICLE X OF THE 1973 To the Committee on Constitutional Commissions
CONSTITUTION. and Agencies.
Introduced by Hon. Trefias.
To the Committee on the 239, entitled:
Judiciary.
RESOLUTION TO ENCOURAGE ENTRY INTO THE CIVIL
Proposed Resolution No. 233, entitled: SERVICE BY QUALIFIED AND COMPETENT MEN BY
incorporating in THE NEW CONSTITUTION A
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI-
PROVISION MANDATING COMPARABILITY OF PAY
TUTION SECTION SEVEN OF ARTICLE X OF THE
TO CIVIL SERVANTS WITH THAT IN THE PRIVATE
1973 CONSTITUTION.
SECTOR.
Introduced by Hon. Davide, Jr. Introduced by Hon. Ople, de los Reyes, Jr., Maam-
bong and Natividad.
and Agencies. To the Committee on Citizenship, Bill of Rights,
RESOLUTION TO ENSURE THE DEVELOPMENT OF A Proposed Resolution No. 246, entitled:

STRONG CIVIL SERVICE BY CONSTITUTIONALLY RESOLUTION REDEFINING THE CITIZEN’S RIGHT TO
MANDATING THE CIVIL SERVICE COMMISSION TO VOTE AND BE VOTED UPON.
UNDERTAKE REFORMS IN VARIOUS AREAS OF Introduced by Hon. Maambong, Ople, de los Reyes,
CONCERN AND INCORPORATING IN THE NEW Jr. and Natividad.
CONSTITUTION A PROVISION GRANTING BROADER
POWERS TO THE CIVIL SERVICE COMMISSION. To theCommittee on Citizenship, Bill of Rights,
To the Committee on Constitutional Commissions Proposed Resolution No. 247, entitled:

and Agencies. RESOLUTION GRANTING FULL AUTONOMY TO LOCAL
GOVERNMENTS.
Introduced by Hon. Maambong, Natividad, de los
RESOLUTION PROPOSING THAT THE FIRST ELECTION Reyes, Jr. and Ople.
OF MEMBERS OF THE NATIONAL LEGISLATURE
AND ALL LOCAL GOVERNMENT OFFICIALS IN- To the Committee on Local Governments.
CLUDING THOSE OF THE BARANGAY BE HELD ON
MARCH 25, 1987 AFTER THE RATIFICATION OF THIS Proposed Resolution No. 248, entitled:
CONSTITUTION. RESOLUTION PROVIDING THAT THE STATE SHALL
Introduced by Hon. Ople, de los Reyes, Jr., Maam- ADOPT AND IMPLEMENT AN INTEGRATED AND CO-
bong and Natividad. ORDINATED APPROACH TO DEVELOPMENTAL
PLANNING COMPATIBLE WITH THE PROTECTION
To Committee on Amendments and Transitory
the
AND IMPROVEMENT OF THE ENVIRONMENT.
Provisions.
Territory,
RESOLUTION DECLARING THE DEATH PENALTY AS and Declaration of Principles.

CRUEL AND UNUSUAL PUNISHMENT EXPRESSLY entitled:
BANNED BY THE 1986 CONSTITUTION. Proposed Resolution No. 249,
Introduced by Hon. Ople, Maambong, de los Reyes,
TUTION A PROVISION THAT .THE STATE
SHALL
Jr. and Natividad. AND CARE TO
PROVIDE SPECIAL PROTECTION
To the Committee on Citizenship, Bill of Rights, MOTHERS DURING PREGNANCY AND MATERNITY.
National Territory,
To the Committee on Preamble,
RESOLUTION INTEGRATING THE PHILIPPINE and Declaration of Principles.
CONSTABULARY AND THE INTEGRATED NATIONAL
entitled:
POLICE INTO THE PHILIPPINE NATIONAL POLICE. Proposed Resolution No. 250,
CONSTITUTION
los Reyes, Jr.,
RESOLUTION PROVIDING IN THE NEW
Introduced by Hon. Natividad, de
THE ABOLITION OF THE DEATH PENALTY.
Maambong and Ople.
Introduced by Hon. Garcia.
Proposed Resolution No. 244, entitled: Political Rights and Obligations
and Human Rights.
RESOLUTION ESTABLISHING THE RIGHT OF CITIZENS,

TEMPORARILY OUT OF THE COUNTRY, TO VOTE. )posed Resolution No. 251, entitled;
Introduced by Hon. Natividad, Ople, de los Reyes, Jr. RESOLUTION TO INCLUDE IN THE
PRINCIPLES AND STATE POLICIES
A ^TATE^N
and Maambong.
SHALL BE
To the Committee on Constitutional Commissions THAT NO OFFENDERS AND OFFENSES
and Agencies.
Introduced by Hon. de los Reyes,
Jr.
Territory,
RESOLUTION ON THE INDIVIDUAL CITIZEN’S RIGHT To the Committee on Preamble, National
TO GAINFUL EMPLOYMENT. and Declaration of Principles.
Proposed Resolution No. 252, entitled: Letter from the Court Personnel Organization of Baguio
RESOLUTION ENDORSING THE INCORPORATION TO City and Benguet Province, signed by Mr. Herminio
THE GENERAL PROVISIONS ON EDUCATION THE Alamar, suggesting a six-year term of the President and
ESTABLISHMENT AND MAINTENANCE OF FREE Vice-President.
PUBLIC EDUCATION UP TO THE SECONDARY LEVEL. (Communication No. 30 — Constitutional Commission
Introduced by Hon. Tingson. of 1986)
To the Committee on Human Resources. To the Committee on the Executive.
Proposed Resolution No. 253, entitled: Letter from the Movement for a Philippine Federation
of States, signed by Mr. J.E. Arcebuche, Secretary-
General, proposing a federal form of government.
TUTION AN ARTICLE TO IMPLEMENT THE STATE’S
POLICY OF SOCIAL JUSTICE. (Communication No. 31 — Constitutional Commission
of 1986)
Introduced by Hon. Guingona and Villegas.
To the Committee on Social Justice and Social Ser-
To the Committee on Preamble, National Territory, and
vices.
Proposed Resolution No. 254, entitled: Letter from the Luzon Convention of Southern Baptist
Churches, Inc., signed by Rev. Jose Buluan, Rev. Felicia-
RESOLUTION PROVIDING FOR AN ORDINANCE AP-
no Montenegro, Pastor Bernie Bernardo and 43 other
PENDED TO THE CONSTITUTION DECLARING THAT
leaders and pastors, supporting the retention of the
ALL FILIPINOS WHO VOTE FOR THE APPROVAL OF
provision stating the policy of separation of church and
THE CONSTITUTION, WHO SO DESIRE, SHALL BE
state.
CONSIDERED AS SIGNATORIES OF SAID CONSTITU-
TION WITH THE SAME HONOR AND DISTINCTION ' (Communication No. 32 — Constitutional Commission
AS THE MEMBERS OF THE CONSTITUTIONAL COM- of 1986)
MISSION THAT FRAMED IT, IF, AFTER VOTING FOR To the Committee on Preamble, National Territory, nnd
ITS APPROVAL, THEY AFFIX THEIR SIGNATURE(S) Declaration of Principles.
ON SPECIAL SIGNATURE SHEETS PROVIDED FOR
THE PURPOSE. Letter from Mr. Geronimo R. Cruz of 34 Lilac, SSS
Introduced by Hon. Calderon. Village, Marikina, Metro Manila, suggesting a National
To Assembly of Citizens, its composition and powers.
the Committee on Amendments and Transitory
Provisions. (Communication No. 33 — Constitutional Commission
of 1986)
RESOLUTION ADOPTING THE PRESIDENTIAL SYSTEM
OF GOVERNMENT AND FOR THIS PURPOSE IN- Letter from the Filipino Life Insurance Companies
CORPORATING IN THE DRAFT OF THE NEW CON- Association, Inc., signed by Mr. Daniel M. Mercado, Jr-,
STITUTION, THE PROVISIONS GOVERNING THE proposing the revival of the “Filipino First” policy
EXECUTIVE DEPARTMENT AS CONTAINED IN THE through a constitutional mandate that will correlate
DRAFT CONSTITUTION APPROVED BY THE RE- with this nationalistic policy.
CONVENED 1971 CONSTITUTIONAL CONVENTION -
(Communication No. 34 Constitutional Commission
WHICH WERE NOMENCLATURED THEREIN AS AR- of 1986)
TICLE VIII WITH THE TITLE EXECUTIVE DEPART-
MENT. To the Committee on the National Economy and
Patrimony.
Introduced by Hon. Calderon.
To the Committee on the Executive. Letter from Mr. Benito C. Jalandoni, Sr. of Bacolod
City, proposing, among others, a presidential form of
COMMUNICATIONS government; voiding of the decree that led to mass
naturalization of aliens; and the raising of voting age to
Letter from Family Planning Organization of the Philip-
21 and the disenfranchisement of the blind and those
by Rev. Evan-
pines, Bulacan Provincial Chapter, signed
who cannot read and write.
gelista Siodora, transmitting Board Resolution No. 4,
1986, requesting a policy statement on population (Communication No. 35 — Constitutional Commission
program. of 1986)
(Communication No. 29 — Constitutional Commission To the Steering Committee.

of 1986)
Letter from Mr. Teodoro Panopio of 14 Poland Street,
To the Committee on General Provisions. Better Living Subdivision, Parafiaque, Metro Manila,
proposing a bicameral legislature with reduced mem- (Communication No. 42 — Constitutional Commission
bership and realistic salaries for the President, Vice- of 1986)
President and members of the legislative body instead To the Committee on Preamble, National Territory, and
of big allowances. Declaration of Principles.
of 1986) Letter from Mr. Jose W. Diokno as Secretary of the
To Regional Council on Human Rights in Asia, enclosing a
the Committee on the Legislative.
copy of the Declaration of the Basic Duties of the
Letter from the Financial Executive Institute of the
ASEAN Peoples and Government.
Philippines signed by Mr. Ricardo G. Librea, submitting (Communication No. 43 - Constitutional Commission
a position paper on the restructuring and rebuilding of of 1986)
the economy. To the Committee on Citizenship, Bill of Rights,
(Communication No. 37 — Constitutional Commission Political Rights and Obligations and Human Rights.
of 1986)
Letter from the Consultative Assembly of
Minority
Peoples of the Philippines, signed by Mr. Ryan
Aquino,
Patrimony. special public hearing focusing on the
requesting a
national minority peoples’ problems and aspirations.
Letter from Mr. Pedro C. Lomugdang of Sebaste,
Antique, suggesting, among others, the redistribution
of agricultural lands to the landless and deserving citi- of 1986)
zens, and providmg more social services to the poor. To the Ad Hoc Planning Committee on Public Hearings.

of 1986) MR. ALONTO. Madam President.
To the Committee on Social Justice and Social Services. Assistant Floor Leader is
THE PRESIDENT. The
recognized.
Letter from Mr. Tocod D. Macaraya of Marawi City,
informing the Constitutional Commission that in a
consultation meeting conducted by the Honorable
COMMITTEE MEMBERSHIP
Commissioner Ahmad D. Alonto with representatives In view of a resolution
approved the
of various organizations of Lanao del Sur, Lanao del
MR ALONTO. be elected mem-
•evious day, I move that the following
Norte, Marawi City and Iligan City, the consensus was on Preamble, National Territory,
public >rs of the Committee
to invite the Commission to hold at least one of Principles: Commissioners
Garcia, de
were id Declaration
hearing at Marawi City and that committees Azcuna.
istro, Foz and
created to assist in the public hearings.
(Communication No. 39 - Constitutional Commission THE PRESIDENT. Isthere any objection? (Silence)
are
of 1986) he Chair hears none; therefore, the following
Preamble Na-
To the Ad Hoc Planning Committee on Public Hearings. iilared members of the Committee on
Declaration of Principles: Com-
onal Territory, and
Castro. Foz and Azcuna.
Letter from Bagong Alyansang Makabayan, signed
by issioners Garcia, de
Mr. Lorenzo M. Tafiada, submitting proposals on na-
MR. ALONTO. Madam
President.
tional security and international relations; civil, political
and
and human rights; and rights for the protection Floor Leader is
welfare of workers. the president. The Assistant
cognized.
move further
MR. ALONTO. Madam
of 1986) President, I
Commissioners be electedmembers
To the Steering Committee. lat the following Commis-
r the Committee on Local Governments:
by Jamir and Ople.
Letter from Bagong Alyansang Makabayan, signed oners Regalado, Rigos,
regard
Mr. Lean L. Alejandro, making corrections with
to the errata in the proposals earlier submitted
by Is there any objection? (Silence)
THE president.
Sen. Lorenzo M. Tafiada in behalf of BAY AN. hIcL;\ears none; the
of 1986) ;1":Sn:rs Regalado, Rigos. Jamh and Opie.
To the Steering Committee. President, I further move
that
Letter from Mr. Luis Quibranza of Cebu City, proposing
MR ALONTO. Madam the Commit-
le following Commissioners be elected to
a National Covenant to be written into the Constitution.
tee on Amendments and Transitory Provisions: Com- tee on Human Resources. That is why I was a little sur-
missioners Sarmiento, Tan,Lerum and Tingson. prised when I heard that I had withdrawn because I
have not been a member of that Committee since its
THE PRESIDENT. Is there any objection? (Silence) inception.
The Chair hears none; the following Commissioners are
Thank you.
elected members of the Committee on Amendments and
Transitory Provisions: Commissioners Sarmiento, Tan,
MR. FOZ. I think that was a mistake. Madam Pres-
Lerum and Tingson.
ident.
MR. ALONTO. Madam President, in the Committee

on Constitutional Commissions and Agencies, Commis- THE PRESIDENT. Commissioner Ople wants to be
sioner Guingona requested to be relieved, and so in his
recognized.
place, I move that Commissioner Rodrigo be made
instead a member of this Committee. MR. OPLE. Madam President, just a point of inquiry.
There must be a principle to be followed by the Pres-
THE PRESIDENT. ident and the officers of the conference with respect to
Is there any objection? (Silence)
The Chair hears none; the motion the equitable distribution of committee seats. If there is
is approved.
such a principle, may we know about it. Is it a principle
MR. ALONTO. Madam of equity in the sense that those with fewer committees
President, in view of the
membership of this Committee, I move that
increase in are being given more seats in the interest of a fairer dis-
Commissioner de los Reyes be elected as member of the tribution? Is that correct. Madam President?
Committee on Constitutional Commissions and
Agencies. THE PRESIDENT. Yes, for the information of Com-
missioner Ople, preference is given to those Members
THE PRESIDENT. Will the Chair first be enlightened. who have less than five committee memberships. In
Does the Assistant Floor Leader mean that the member- other words, they can still participate in more activities
ship of the Committee on Constitutional Commissions of the committees.
has been increased to twelve?
MR. OPLE. That explains why I now have four. I
SUSPENSION OF SESSION very honored to be recommended to another committee
in spite of the fact that I was not consulted about it.
THE PRESIDENT. The session is suspended for a few But do welcome my election to the Committee on
I
minutes.
Local Governments. So I now have four committees and
It was 5:42 p.m. it might be interesting to know what portion of the
Commission already has five full committees.

THE PRESIDENT. The Chair will distribute a listing
At 5:50 p.m., the session was resumed. of the committees and their respective members so
all
that the Commission will have an idea as to the number
THE PRESIDENT. The session is resumed. of committees and the members assigned to them.
MR. ALONTO. Madam President. MR. OPLE. Thank you very much. Madam President.
THE PRESIDENT. The Assistant Floor Leader

recognized.
is THE PRESIDENT. Thank you.
MR. ALONTO. Madam President, I withdraw my

MR. FOZ. I would like to restate my motion.
last motion on the additional member of the
Commit-
tee on Constitutional Commissions and Agencies,
and
THE PRESIDENT. Let us go back to the motion of
instead I move to recognize Commissioner Foz. Commissioner Foz.
THE PRESIDENT. Commissioner Foz is recognized. MR. FOZ. I that the membership in the Com-
move
mittee on Constitutional Commissions and Agencies be
MR. FOZ. Madam President, I move to increase the increased from 11 to 13 and to authorize the President
membership of the Committee on Constitutional Com- to appoint the additional members.
missions from 11 to 13, if there is no objection from
our members, our present members being superstitious THE PRESIDENT. Is there any objection to the
about the number 13. It is my lucky number, though. motion of Commissioner Foz? (Silence) The Chair
hears none; the motion is approved.
MR. GUINGONA. Madam President, may I just
clarify. I actually have not withdrawn from the Commit- MR. ALONTO. Madam President.
THE PRESIDENT. The Assistant Floor Leader is THE PRESIDENT. Commissioner Davide is recog-
recognized. nized.
MR. ALONTO. Since there is a more compulsive MR. DAVIDE. With all due respect, I object to the
reason for us to adjourn at this moment, I move that the motion to change the name. Actually, the concept of
freewheeling discussion on the citizenship proposals, social justice is entirely distinct and separate from the
which is supposed to take place now, be postponed for concept of social services. It is precisely for that reason
tomorrow. that under the Declaration of Principles and State
Policies of the 1973 Constitution, I mean the original
THE PRESIDENT. Is there any objection? which is Article II thereof, we have two separate sec-
tions: Section 6 which is on social justice
and Section 7
MS. NIEVA. Madam President, I would like to be which is on social services. The principal distinction of
limited to social
recognized. the two being that social justice is not
justice because it is
services. It may include economic
actually to insure the dignity, weltoe
and security of all
THE PRESIDENT. Commissioner Nieva is recognized.
particular end, the State
the people; and towards that
shall regulate the acquisition,
ownership, use, enjoyment
MS. NIEVA. I move that the name of our committee, and equitably dif-
which is the Committee on Social Justice and Social and disposition of private property
profits. But the concept of
Services, be changed to Committee on Social Justice fuse property ownership and
be limited to the field of educa-
only and to eliminate Social Services. This is at the in- social services would
employment, welfare and social
stance of the members of the Committee who feel that tion health, housing,
enjoyment of the people of a
social justice already all-embracing and that social security to guarantee the
is
of living. So the two concepts are
services is only an aspect or a part of social justice. decent standard
distinct and separate.
And connection with our membership, I would like
in reconsider the changing
to report some changes: Commissioner Ople is taking hope the Committee would
I
of the name of the

Committee itself.
the place of Commissioner Uka and Commissioner
Rodrigo is taking the place of Commissioner Romulo.
since there are
MR ALONTO. Madam President,
matter be transferred
the
some Comments. I move
that
motion of Commissioner Nieva that the name of the to tomorrow’s Order
of Business.
Committee on Social Justice and Social Services be
have this motion of Com-
changed to the Committee on Social Justice? THE PRESIDENT We still
there has been an objection. Is

missioner Nieva to which
to postpone action on
MR. OPLE. I second the motion. Commissioner Nieva agreeable
her motion tomorrow?
MR. MAAMBONG. Madam President.
MS NIEVA. My attention was called to the fact that
to adjourn at six o’clock
and that,
THE PRESIDENT. Commissioner Maambong is we supposed
are
am open
discuss this tomorrow. So
I
recognized. therefore, we could
to that.
MR. MAAMBONG. Just so the record will not be
the Commissioner agreeable
to
confused, may I know, if the previous motion of the As- THE PRESIDENT. Is
sistant Floor Leader has been withdrawn in the mean- that?

time, because there are two interlapping motions.
am agreeable to that.
Madam President. I would just like to know if the MS. NIEVA. I
motion for adjournment, which has been filed by the

Assistant Floor Leader, has been withdrawn in the MR. OPLE. Madam President.
meantime. recognized.
the PRESIDENT. Commissioner Ople is
THE PRESIDENT. Is the Assistant Floor Leader

withdrawing his motion? MR. OPLE. Madam President,
the As
plenary session. I think
MR. ALONTO. Madam President, I think the com-

row’s agenda of the
S7ant Floor Leader has said
that
on c
to—
t^
discussion
ment well-taken, so withdraw my motion. continue the freewheeling
is I last
Members who believe tha
have consulted with some and ex-
covered
Object of citizenship is now
fully
THE PRESIDENT. The motion of Commissioner mg debate, and I am
Nieva has been seconded by Commissioner Ople. hausted for purposes of a freewhee
Nolledo is Preêd to
informed that Commissioner
with the ationa
MR. DAVIDE. Madam President. sponsor a committee report dealing
Territory. May I, therefore, suggest, if the Assistant THE PRESIDENT. The session is resumed.
Floor Leader agrees, that today we terminate the free-
wheeling debate on citizenship and tomorrow devote MR. OPLE. Madam President, may I rephrase my
our attention to the committee report of the Rosales motion agreement with the Assistant Floor Leader? I
in
Committee on Preamble, National Territory, and propose that we allow a brief extension of the free-
Declaration of Principles. I understand that Commis- wheeling debate on citizenship at the plenary session
sioner Nolledo will help sponsor this report and that he tomorrow, in deference to the reservation already made
is in a position to do so tomorrow. by Commissioner Guingona, and, thereafter, com-
mence a freewheeling debate on the National Territory
I so move. Madam President.
provision.

THE PRESIDENT. What does Commissioner Davide
say? Does he have some observations? Does he not
THE PRESIDENT. Commissioner Davide is recog- have an objection now to the freewheeling discussion on
nized. the National Territory?
MR. DAVIDE. I object to that motion because MR. DAVIDE. On that motion, I would have no
it would motion to reconsider an earlier
actually be a objection. Madam President.
decision of the Commission. The committee report on
National Territory was directed to be deferred until THE PRESIDENT. Is there any objection? (Silence)
after July 7. What could probably be done tomorrow The Chair hears none; the motion is approved.
will only be a freewheeling discussion on National
Territory, but not on the report itself. MR. OPLE. Thank you. Madam President.
SUSPENSION OF SESSION ADJOURNMENT OF SESSION

THE PRESIDENT. The session is suspended for a few MR. ALONTO. Madam President, I move for the
minutes. adjournment of the session until tomorrow at five
It was 6:02 p.m. o’clock in the afternoon.
tomorrow at five o’clock in the afternoon.
At 6:04 p.m., the session was resumed. It was 6:05 p.m.
R.C.C. NO. 17
NoUedo Present Sarmiento Present

OPENING OF SESSION Present
Ople Present* Suarez
At 5:14 p.m., the President, the Honorable Cecilia Padilla
Quesada Present Tadeo Present
Rama Present Tan Present
Present Tingson Present
Regalado
Trenas Present
Rigos Present Uka Present

NATIONAL ANTHEM Rodrigo Present Villacorta Present
Romulo Present Villegas Present

Present
Rosales
the NationalAnthem.
Eveiybody rose to sing the National Anthem. The President is present.
shows 43 Members responded to the

call.
The roll call
standing for the Prayer to be led by Reverend Cirilo A. the presence of
Rigos.
THE PRESIDENT. The Chair declares
a quorum.
MR. CALDERON. Madam
President.
PRAYER Assistant Floor Leader is

the PRESIDENT. The
REV. RIGOS. Most loving and gracious God by recognized.
Whose goodness we are gathered here today, we pause
to invoke Thy blessings upon us. approval of journal
President, I move that we
Grant us the courage to change what can be changed,
the humility to accept what cannot be changed and the
MR CALDERON. Madam
previous session.
the
approve the Journal of
wisdom to distinguish one from the other.
there any objection? (Silence)
In Jesus’ name, we pray. Amen. the president. Is
approved.
the motion is
The Chair hears none;
move that we
MR. CALDERON. Madam
President, I
ROLL CALL
of Business.
THE PRESIDENT. The proceed to the Reference
Secretary -General will please
call the roll. there any objection? (Silence)
THE PRESIDENT. Is
approved.
motion is
THE SECRETARY-GENERAL, reading: will read the Reference of
Present
Abubakar . . . .
Concepcion . . . .
Business.
Alonto Davide . . Present
Aquino Foz . . Present reference of business
Azcuna Garcia Present
read the following Proposed
. .
Bacani Gascon Present* he Secretary-General Communications,

on First Reading and
. .
Bengzon Guingona Present Mons

corresponding references.
. . . . .
Bennagen . . . . Jamir . . Present President making the

Bernas Laurel ..... Absent reading
ôposed resolutions on first
. .
Rosario Braid . . . Present Lerum . . Present

Brocka Present Maambong Present entitled.
)Osed Resolution No. 256,
.
. . . .
Calderon Present Monsod ....

.
. . Present
ESOLUTION TO INCORPORATE IN
THE NEW CONSTI-
Castro de Present Natividad Present*
. . . . .
THE
TUTION A PROVISION INSTITUTIONALIZING
. . . . .
Colayco . Present Nieva . . Present

PRINCIPLE OF PEOPLE POWER IN THE CONSTITU- TIONS, DECREES,ORDERS OR INSTRUCTIONS AND

TIONAL PROCESS THROUGH THE METHOD OF PROVIDING FOR THE EXERCISE AND TERMINATION
INITIATIVE AND REFERENDUM. OF THE LAW-MAKING POWERS OF THE INCUMBENT
Introduced by Hon. Garcia and Gascon. PRESIDENT.

Introduced by Hon. Maambong, de los Reyes, Jr.,
Natividad and Ople.
Proposed Resolution No. 257, entitled: To the Committee on Amendments and Transitory
Provisions.
RESOLUTION PROVIDING IN THE NEW CONSTITUTION
FOR A PRESIDENTIAL FORM OF GOVERNMENT
SPECIFYING THEREIN THE TERM, QUALIFICATIONS Proposed Resolution No. 265, entitled:
AND MANNER OF ELECTION OF THE CHIEF EXECU- RESOLUTION PROPOSING TO INCORPORATE THE
TIVE. STUDY OF THE LIFE AND WORKS OF OUR NATION-
Introduced by Hon. Tingson. AL HERO, JOSE RIZAL, IN THE NEW CONSTITUTION.
To the Committee on the Executive. Introduced by Hon. Tingson.
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI- Proposed Resolution No. 266, entitled:
TUTION SECTION TWENTY, ARTICLE FOUR, OF THE RESOLUTION PROPOSING TO INCORPORATE THE
1973 CONSTITUTION WITH MODIFICATION TO MAKE
STUDY OF THE CONSTITUTION IN THE NEW
THE PROTECTION EFFECTIVE. CHARTER.
Introduced by Hon. Trenas. Introduced by Hon. Tingson.
To the Committee on Citizenship, Bill of Rights, To the Committee on General Provisions.
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI- RESOLUTION PROPOSING A PROVISION IN THE CON-
TUTION A PROVISION REQUIRING APPROVAL BY STITUTION CREATING THE COUNCIL OF RELIGIOUS
THE SUPREME COURT OF RULES CONCERNING LEADERS TO BE APPOINTED BY THE PRESIDENT IN
PLEADING, PRACTICE AND PROCEDURE PROMUL- AN ADVISORY CAPACITY.
GATED BY QUASI- JUDICIAL BQDIES BEFORE THESE Introduced by Hon. Tingson.
RULES CAN BECOME EFFECTIVE. To the Committee on General Provisions.
Introduced by Hon. Trenas.
RESOLUTION PROPOSING THE RETENTION OF THE U.S.
Proposed Resolution No. 260, entitled; MILITARY BASES ON PHILIPPINE TERRITORY AS
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI- PART OF THE NATIONAL DEFENSE.
TUTION A PROHIBITION AGAINST PUBLIC OFFICERS Introduced by Hon. Tingson.
HOLDING TWO OR MORE PUBLIC OFFICES AT THE To the Committee on General Provisions.
SAME TIME.
Introduced by Hon. Trenas. Proposed Resolution No. 269, entitled:
RESOLUTION PROPOSING TO INCLUDE IN THE DE-
CLARATION OF PRINCIPLES OF THE CONSTITUTION
A PROVISION ON MORAL COMMITMENT.
RESOLUTION STRENGTHENING THE LIBERTY OF
ABODE AND TRAVEL PROVISION OF THE BILL OF
RIGHTS.
Introduced by Hon. Natividad, de los Reyes, Jr.,
Maambong and Ople.
and Obligations and Human RESOLUTION PROPOSING THE INCLUSION OF OPTION-
Political Rights Rights.
AL RELIGIOUS INSTRUCTION IN PUBLIC SCHOOLS
IN THE NEW CONSTITUTION.
RESOLUTION PROVIDING FOR THE CONTINUOUS
VALIDITY OF ALL EXISTING LAWS, PROCLAMA- To the Committee on General Provisions.
Proposed Resolution No. 271, entitled: Communication from Mr. Fulgencio S. Factoran, Jr.,
Deputy Executive Secretary, transmitting proposals of
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Mr. Virgilio S. Omamalin of Dipolog City, nominee to
TUTION A PROVISION CALLING FOR THE DISMAN- the Constitutional Commission.
TLING OF PRIVATE ARMIES AND THE CIVILIAN
HOME DEFENSE FORCES (CHDF). of 1986)
Introduced by Hon. Sarmiento and Nolledo.
Communication from Mr. Fulgencio S. Factoran, Jr.,
Proposed Resolution No. 272, entitled: Deputy Executive Secretary, transmitting a letter of
Mr. Hipolito Montebon of Tuburan, Cebu, suggesting a
presidential form of government, among others.
TUTION A SEPARATE ARTICLE ON THE PROTEC-
TION AND PROMOTION OF THE RIGHTS OF THE (Communication No. 50 — Constitutional Commission
FAMILY. of 1986)
Introduced by Hon. Nieva, Bacani, Munoz Palma, To the Committee on the Executive.
Rigos, Gascon and Guingona.
Letter from Mr. Mariano Melendres, Jr., of
370 S.
Antonio Avenue, Pasig, Metro Manila, submitting
sug-
and Declaration of Principles. territory and the declaration of
gestions on the national
principles, among others.
COMMUNICATIONS - Constitutional Commission
Communication from the Honorable Neptali A. Gonza- of 1986)
Minister of Justice, referring of Mr. O.L. dela Territory, and
the Committee on Preamble, National
les, a letter
To
Cuesta of Vancouver, B.C., Canada, requesting a dual
citizenship provision in the Constitution.
1707 E. Rodn
(Communication No. 45 — Constitutional Commis- .etterfrom Mr. Delfin R. Manlapaz of
986) uez, Sr. Avenue, Cubao,
Quezon City, suggesting a
sion of 1
credit mam
.rovision creating an entity to serve as the
Human ource for the people.
Political Rights and Obligations and Rights.
Letter from the Financial Executives Institute of the of 1986)

Social Services.
Philippines signed by Mr. Ricardo G. Librea, submitting To the Committee on Social Justice and
a paper proposing that the Central Bank be made a
constitutional body. COMMITTEE REPORT
(Communication No. 46 — Constitutional Commission Ptoposed
>mmittee Report No. 4 on
of 1986) Committee on Citizenship,
3 7 as reported out by
the
Obligattons and
To the Committee on Constitutional Commissions and ?i of Political Rights and
rSmT
Agencies. aman Rights, entitled:
CONSTI
RESOLUTION TO INCORPORATE
Communication from Mr. Pablo B. David of Betis, CITIZENSHIP,
TUTION AN ARTICLE ON
Guagua, Pampanga, suggesting a form of government, amendments.
the separation of church and state and social services commending its approval with
provisions, among others. •onsored by Hon. Laurel, Jr. and Davide, Jr.
(Communication No. 47 — Constitutional Commission ) the Steering Committee.

of 1986)
Communication from Mr. Jose V. Macavinta of 2321-A It was 5:27 p.m.

Kusang Loob, Sta. Cruz, Manila, submitting proposals
on the preamble, the national identity, the national flag RESUMPTION OF SESSION
the
and the national seal.
At 5:28 p.m., the session was resumed with
mg.
(Communication No. 48 — Constitutional Commission Honorable Regalado E. Maambong presi
of 1986)
Maambong). The
To the Committee on Preamble, National Territory, and THE PRESIDING OFFICER (Mr.
Declaration of Principles. session is resumed.

The Assistant Floor Leader is recognized. relating to each other, so that whatever inequalities remain
are not caused by these institutions or structures, unless
MR. CALDERON. Mr. Presiding Officer, in addition inequality is needed temporarily to favor the least favored;
to Commissioners Rama, Rodrigo and Jamir, may I re- (5 ) adopts means and processes that are capable of attain-
quest that the following Members of the Commission ing these objectives.
be made coauthors of Proposed Resolution No. 255
And so, the Committee has agreed to work for a
which was read on First Reading yesterday: (1 ) Ahmad
separate article on social justice which would necessarily
Domocao Alonto; (2) Rustico F. de los Reyes, Jr.;
encompass social services. With this broad and expanded
(3 ) Jose N. Nolledo; (4 ) Florenz D. Regalado; (5 ) Ciri-
notion of social justice, our Committee believes that as a
lo A. Rigos; (6 ) Ricardo J. Romulo; (7 ) Decoroso R.
bare minimum, social services are necessarily included.
Rosales; (8 Gregorio J. Tingson; (9
) ) Efrain B. Trenas;
Therefore, our Committee has decided to concentrate
and (10) Lugum L. Uka.
on several areas of concern such as: agrarian reform,
THE PRESIDING OFFICER (Mr. Maambong). Is
urban land reform, rural and urban community de-
there any objection? (Silence) The Chair hears none; velopment, housing and shelter, labor, health, educa-
the motion is approved. tion and roles and rights of peoples’ organizations.
The Assistant Floor Leader is recognized.

We think that if we add
the area of social services to
we would then have to include also other
social justice,
MR. CALDERON. Mr. areas that we are concerned with, like agrarian and
Presiding Officer, I request
that the Chair recognize Commissioner Nieva concerning urban land reform, or perhaps peoples’ organizations.
her pending motion yesterday to change the The Committee believes that the nomenclature “Com-
name of
her Committee. mittee on Social Justice” would be more expressive of
its tasks and concerns.
THE PRESIDING OFFICER (Mr. Maambong). Com-

missioner Nieva is recognized. MR. DAVIDE. Mr. Presiding Officer.
MS. NIEVA. Yesterday, there was an objection raiseo THE PRESIDING OFFICER (Mr. Maambong).
to the changing of the name of the Committee on Social Commissioner Davide is recognized.
Justice and Social Services to COMMITTEE ON SO-
CIAL JUSTICE. The motion was made at the request of
MR. DAVIDE. I was the one who objected to the
all the members of the Committee
who felt that the
phrase “social justice” necessarily encompasses motion yesterday. After listening to the explanation
“social
services” and thatr therefore, specifying given and in the light of the fact that it was the unani-
social services
would, in a way, restrict the
mous consensus of the members of the Committee to
scope of social justice.
formulate a separate Article on Social Justice, including
The rationale behind the decision of the
on Social Justice and Social Services to
Committee therein social services, I am withdrawing my objection.
change its name
prirnarily lies in the perception and
an'alysis of social
justice as a general and broad concept THE PRESIDING OFFICER Maambong). The
(Mr.
which encom-
passes virtually every facet of life of the Chair would like to thank Commissioner Davide.
individual and
of society. So, the Committee took as a working
defini-
Now, we would the parliamentary
like to clarify
tion of “social justice” the definition of
the Chairman situation. Since there is a withdrawal of the objection,
of the Philippine Commission on Human Rights
which may we request the movant to restate her motion so
says that: that we can act on it.
Social Justice, for us Filipinos, means a coherent intel-

ligible system of law, made known to us, enacted
by a legi- MS. NIEVA. I move that the name of our Committee
timate government freely chosen by us, and enforced
fairly
be changed to the COMMITTEE ON SOCIAL JUSTICE.
and equitably by a courageous, honest, impartial and
com-
petent police force, legal profession and judiciary
that: THE PRESIDING OFFICER Maambong). There
(Mr.
(1 ) respects our rights
and our freedoms, both as indi- is motion to
a rename the “Committee on Social
viduals and as a people; (1) seeks to repair the
injustices Justiceand Social Services” to COMMITTEE ON
that society has inflicted on the poor by
eliminating SOCIAL JUSTICE.
poverty as far as our resources and our ingenuity permit;
Is there any objection? (Silence) The Chair hears
(3 ) develops a Îf-directed and self-sustaining economy
that distributes its benefits to meet, at first, the basic
material needs for all,then to provide an improving stand- The Assistant Floor Leader is recognized.
ard of living for all, but particularly for the lower income
groups, with time enough and space enough to allow them MR. CALDERON. In connection with our freewheel-
to take part in and to enjoy our cultures; (4 ) changes our ing discussions on citizensliip, I request the Chair to
institutions and structures, our way of doing things and recognize Commissioner Guingona.
THE PRESIDING OFFICER (Mr. Maambong). Com- organization, when it should have been “Lounge Opera-
missioner Guingona is recognized. tions.”

MR. GUINGONA. Thank you, Mr. Presiding Officer.
my
With the Chair’s permission, I would like to give
With the permission of the Presiding Officer and the remarks on the matter of citizenship.
Members of this Commission, before I go into the ex-
planation of my position, may I be allowed to make OFFICER Maambong).
THE PRESIDING (Mr.
reference to an article which appeared in the June 21,
Before Commissioner Guingona makes his remark, the
1 986 issue of Midday Malaya.
Chair takes note of his explanation and suggests that the
For the information of the honorable Members of Committee on Public Information should draft the
this Commission, a media representative approached me proper communication to the paper referred to by Com-
last Friday and requested a summary of the proposed missioner Guingona so that the date will be
properly
budget for the Commission. Since I did not want to be corrected.
misquoted, I wrote down the summary of the proposed
budget with the corresponding tentative amounts. After- DISCUSSION ON CITIZENSHIP
wards, I showed the summary to our President who
went over it and later gave me the approval to give the Continuation
summary to the media representative. Presiding Officer.
MR. GUINGONA. Thank you, Mr.
Commissioner Foz was present and he also went over With the permission of the Chair,
may I suggest that
the summary. I would like to say that the media rep- two liaison officers
we secure the cooperation of our
resentative accurately gave the substance of what we Rama and Foz.
with media; namely. Commissioners
gave her except for some typographical errors which I
or the public relations office of this Commission would clarification, I would hke to assure our
By way of the
that when I proposed
try to explain or correct. distiLuished Vice-President
whose
An example Change of the Ph®e ‘Tho^
the reference to the per diems of the
is
Commissioners in the amount of P2,250,000 for 90 whatsoever to pro-
days at the rate of P500 a day per Commissioner for ?aTHEr“ of the principle of /ns
so// u, thts
actual attendance in sessions, committee meetings and
appSion
jurisdiction.
public hearings. I took pains to put these figures down
of
in writing, and I also gave an illustration. I said that if a As a mane
matter of fact, the use of the words
pxoressed my mtention
Commissioiner attended four or three committee meet-
ings plus a session in one single day, that Commissioner
would be entitled to P500 only and no more. course, if the child is
thereof through the ap-
As States, he may become a
application
a matter of fact, this amount of P2,250,000 is
now reduced because during the first weekend, we had
no sessions, committee meetings and public hearings.
ours.
Thus, no Commissioner received any per diem. So, this
is effectively reduced by P48,000. provision
The
But this news perhaps, due to a typographical
article, Commissioner Davide^
Phil pp
error, states that the Commissioners’ per diems would are citizens of the ritizenship of the
amount to P2, 250,000 for 90 days work, not counting
the P500, when, iri fact, this P2,250,000 is precisely the
ship of the child
father at any time
*he QuesU S
of cit^^^^^^^^
pointed
of his birth as we p^
raised
out in
total of what the Commissioners will receive at the rate and not at the moment
of P500 a day for actual attendance.
The other error is the statement that the Filipino
people may end up paying at least PI, 3 56, 145 a day. If
we multiply this amount with 90 days, that means we question of his citizens
ip.
would need a total appropriation of more than PI 00 confusion as to the

million for three months, when, in fact, we only have would '“tV”
I
Mr. Presiding Officer, !H*‘’m’thTp‘)!!^
P20 million. I also told the media representative that
Davide,
we still expected to save P3 to P4 million from the P20 poL^STj»ln«on illlroS' by Commissioner
million. In my
computation, our total expense for 90
which reads, and I quote:
days would be PI 4, 143,1 10 based on the proposed accordance with law;
who are naturalized in
budget which, if we divide by 90, would come out to those
about PI 57,000 a day and not PI, 356,145 as reported.

The third typographical error is the phrase “losing opera- rrdea«o)Xp«“
tions” which connotes that we are a profit-making confirmation.
May I say that I find the use of the words “judicial a naturalized citizen becomes a member of the society
confirmation” instead of “judicial review” to be for- possessing all the rights of a natural-born citizen and
tunate. I recall that the expression “judicial review” was standing, in the view of the Constitution, on the same
used during the interpellations, because “judicial re- footing as a native. This is why, Mr. Presiding Officer,
view,” in its strict sense, is the power of the court to I am not in favor of liberalizing the naturalization of
pass upon the constitutionality of the acts of other de- foreigners and this is also why I am in favor of Commis-
partments of government and to declare null and void sioner Davide’s proviso which I had previously cited.
such of them as are in contravention of the constitution. This is why I favor another proviso, also contained in
Since the 1973 Constitution provides for naturalization Commissioner Davide’s proposed resolution, that ad-
in accordance with law and since Mr. Marcos exercised mission to Filipino citizenship is a privilege which can
lawmaking powers, there might have been some dif- be revoked any time in the manner and for cause
ficulty in challenging the naturalization of aliens then provided by law.
by the Executive as being unconstitutional.
Mr. Presiding Officer, there are two questions I would
Mr. Presiding Officer, I am not speaking against the like to ask. The first is directed to Commissioner
process of naturalization. I am aware that this process Davide; If the naturalization of aliens under the decree
is widely accepted and presumably in force in most, if
of the previous regime shall be established to be ir-
not all, the countries of the world. This process is not a regular because of fraud, bribery, or other illegal acts,
novel concept — the Roman Law also provides for would the nonconfirmation of such irregular naturaliza-
naturalization. But I would like to share the opinion of tion have a retroactive effect? If so, what would be the
those who would caution us against liberalizing our effect on the citizenship of the minor child born after
naturalization process because such liberalization could the irregular naturalization of the alien?
have an adverse impact, not only on the welfare of our
The second question is directed to both the Honor-
people, but also on the security of our country. The
venerable former Chief Justice Roberto Concepcion, in
able Davide and the honorable Chairman of the
Committee on Citizenship; Would the nonprohibition
a previous session, called the attention to what he says
of Congress or the National Assembly to delegate or
were the many irregularities attendant to the grant of
authorize the President to fix or lay down rules concern-
Filipino citizenship by the Executive during the Marcos
ing the qualifications of aliens wishing to acquire
rule. If I recall correctly, there was no dissent or objec-
Filipino citizenship and rules concerning proceedings for
tion from the floor with regard to the assertion made by
the acquisition thereof mean that the Congress or the
Commissioner Concepcion. Justice Concepcion also
expressed the fear that if we open the door too widely
National Assembly would have power to delegate
the
to the entry of aliens into our body politic through or authorize?
naturalization, then there might come a day when there Thank you, Mr. Presiding Officer.
would be more naturalized than natural-born Filipinos.
MR, REGALADO. Mr. Presiding Officer.
I believe that the statement of Dean Regalaao in the
course of his interpolation that if there were many cases
of grants of naturalization by the Executive during the
missioner Regalado is recognized.
time of Marcos, that such would result in the clogging of
the courts’ dockets is one possible
valid. I believe that the
remedy
MR. REGALADO. Mr. Presiding Officer, before
to this problem issome sort of a de
to create Commissioner
answers are given by those from whom
facto court, not unlike the People’s Court created after
Guingona sought clarifications, I would like to
liberation, the sole jurisdiction of which would be to
his observation on the questions I raised when Com-
adjudicate cases of naturalization of aliens under a
missioner Bernas was on the floor.
decree of the previous regime.
Idid not say that if there would be judicial confirma-
May I respectfully invite the attention of the Mem- tion of those citizens naturalized under the decrees
bers of this honorable body to the fact that citizenship issued under the previous regime, there would be a clog-
is membership in a political community with full, I ging of dockets in the court. What I expressed on the
repeat, full, civil and political privileges. Except in floor was the concern of some Members that if the pro-
very rare instances, such as the election to the presiden- posed judicial confirmation should be required, there
cy or vice-presidency of the Philippines, a naturalized would be (1) the possible clogging of the dockets of the
citizen would enjoy the same rights and privileges as a courts, and (2) without the benefit of such judicial
natural-born one. It may be asserted that they would confirmation, there might be a problem of security.
have the right to acquire land of the public domain, to I was referring to the statements of other Commis-
exploit natural resources and to operate public utilities. On that basis,
sioners who made these observations. I
May I underscore the fact that a foreigner who asked Commissioner Bernas whether or not his commit-
becomes a citizen through the process of naturalization tee had ascertained the number of aliens granted Philip-
becomes one of the sovereign people of this country. pine citizenship under the liberalized procedure of the
As Justice Marshall said in the case of Osburn vs. U.S., previous regime, for the obvious reason that the greater
the number of those who were so naturalized, the graver RESUMPTION OF SESSION
is our concern. But if there were only a few, then it
would be of less concern for us. Let us say that there
At 6: 11 p.m., the session was resumed.
were only about fifty or sixty who were granted citizen-
ship through legislative naturalization, then it would not
THE PRESIDING OFFICER (Mr. Maambong). The
session is resumed.
pose a serious concern regarding the crowding of the
court dockets or the threat to national security as when The Assistant Floor Leader is recognized.
the total number were about 100,000.
have made a statement elsewhere that I MR. CALDERON. Mr. Presiding Officer, may I with-
Personally, I
am in favor of the proposed judicial confirmation draw my

previous manifestation that we proceed to the
discussions on the National Territory.
through a summary proceeding as may be authorized
under conditions laid down by the legislature, instead of
the process of denaturalization, so that in such pro- THE PRESIDING OFFICER (Mr. Maambong). The
ceeding, we can weed out those who were really not manifestation is withdrawn.
qualified but were granted Philippine citizenship
through that liberalized legislative procedure. I recall MR. CALDERON. Mr. Presiding Officer, I would like
that Commissioner Bernas said that from the records, Commissioner Davide to be given the floor.
I tlrink, of the Office of either the Solicitor General or
the Ministry of Justice, the number could be ascertained.
missioner Davide is recognized.
MR. DAVIDE. Thank you, Mr. Presiding Officer.
would be appropriate at this time
Assistant Floor Leader is recognized. I wonder if it
to answer the queries presented by Commissioner

MR. CALDERON. We now start discussion on the Guingona.
National Territory provision, and the first speaker
whom I would like to call upon and whom I would like
the Chair to recognize is Commissioner Nolledo. missioner Davide may proceed.
answer to
MR. DAVIDE. Mr. Presiding Officer, parliamentary MR. DAVIDE. Mr. Presiding Officer, the
first question is that if the
inquiry. the f
confirmation or nonconfirmation, shall ° .
THE PRESIDING OFFICER (Mr. Maambong). Com- - that is, nonconformation of

the citizenship
latter
missioner Davide is recognized.
granted pursuant to a decree — then
jt ^
retroactive e
nonconfirmation would have a .
MR. DAVIDE. Commissioner Guingona posed two relates back to the moment of the
grant of the cit ze"
questions: one, to this Representation and the second, of said "^tura izea
Bernas and this Representation. ship by decree. Necessarily, children
to both Commissioners Filipino citizen who may have obtained
Filipino citizen
Would it be proper to answer now or could the answer
by virtue of the decreed naturalization
will, m
discussed the report on ship
be deferred until we shall have
Properties acquired by t le
effect, lose that citizenship.
citizenship?
so-called naturalized citizen will
have to be eschea e
favor of the state. That a settled doctrine
de- m
THE PRESIDING OFFICER (Mr. Maambong). in is
in e
naturalization. As a matter of fact, in one case,
Mr Assistant Floor Leader, the Chair heard distinctly already
3o Bon Lee the Solicitor General had
Commissioner Guingona mention the name of Commis-
case,
Mr. o
So, the Chair feels that it would be began reacquiring the properties acquired by
ioner Davide. been
Commissioner Davide to make the answer. Bon Lee although his citizenship had not yet
nroper for ivithdrflwn bv denaturalization.
in order, would it be possible for
But to keep everything yes, because
Leader to defer action on his motion As to the second question, the answer is
the Assistant Floor an
topic? naturalization must be in accordance with law ,
to go to another
therefore, prescribed by law.
SUSPENSION OF SESSION Thank you, Mr. Presiding Officer.
MR. CALDERON. Mr. Presiding Officer, I move Fiat Maambong). Thank

we suspend the session for three minutes while
this is
you. Commissioner Davide.
being ironed out. recognized.
The Assistant Floor Leader is

MR. CALDERON. Mr. Presiding Officer, I move that
session is suspended.
the Chair recognize Commissioner Bengzon.
It was 5:5 7 p. m.
THE PRESIDING OFFICER (Mr. Maambong). Com- Before the Chair suspended the session, there were
missioner Bengzon is recognized. two Gentlemen on the floor — Commissioner Bengzon,
Chairman of the Steering Committee and Commis-
MR. BENGZON. Mr. Presiding Officer and honorable sioner Davide.
Chairman of the Steering Committee: What is the pleasure of Commissioner Bengzon?
has been my observation that we have had more
It
than enough freewheeling discussions on the Article on
MR. BENGZON. In order to avoid any problems on
Citizenship and, therefore, I would like to move for a

technicality,may I, therefore, move that we first ter-
minate the freewheeling discussion on Committee Re-
special order from this body that we take up Commit-
port No. 4 on citizenship.
tee Report No. 4, the report of the Committee on Citi-
zenship, and move to its Second Reading, have it
sponsored on the floor, subject to interpellations only
THE PRESIDING OFFICER (Mr. Maambong). There
is a motion to terminate the Unfinished Business, which
without proceeding to the consideration of amend-
is the freewheeling discussion on citizenship.
ments. The amendments will come after July 7 as agreed
upon. Is there any objection? (Silence) The Chair hears
THE PRESIDING OFFICER (Mr. Maambong). Is that
the motion. Commissioner Bengzon?
CONSIDERATION OF PROPOSED
RESOLUTION NO. 7
MR. BENGZON. That is my motion, Mr. Presiding (Article on Citizenship)
Officer.
PERIOD OF SPONSORSHIP AND DEBATE

MR. DA VIDE. Mr. Presiding Officer.
MR. BENGZON. Madam President, I move that we
THE PRESIDING OFFICER (Mr. Maambong). Com- consider Committee Report No. 4 on Proposed Resolu-
missioner Davide is recognized. tion No. 7, as reported out by the Committee on Citizen-
ship, Bill of Rights, Political Rights and Obligations and
MR. DAVIDE. Before we act on the motion, I would Human Rights.
like toask some clarifications. Are we through with the
Unfinished Business for today? THE PRESIDING OFFICER (Mr. Maambong). Is
there any objection? (Silence) The Chair hears none;
MR. BENGZON. The Unfinished Business is the the motion is approved.
freewheeling discussion on citizenship.
Consideration of Proposed Resolution No. 7 is now
in order. With the permission of the body, the Secreta-
MR. DAVIDE. Yes. But I did not hear any motion to ry-General will read only the title of the resolution
terminate the Unfinished Business. I do not think we
without prejudice to inserting in the Record the whole
can proceed to resolving the motion on a special order text thereof.
because under the Rules, paragraph (a) of Section 1 it
8,
is stated: THE SECRETARY-GENERAL. Resolution No. 7,
Unfinished Business — Business being considered by the entitled:
Commission at the time of adjournment of its preceding RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
session. Its consideration shall be resumed until such Un- TUTION AN ARTICLE ON CITIZENSHIP.
finished Business is disposed of. Thereafter, the President
shall caU for the Business for the Day.
(The following is the whole text of the resolution with amend-
ments per C.R. No. 4.)
THE PRESIDING OFFICER Maambong). With (Mr. COMMITTEE REPORT NO. 4
the indulgence of the two Gentlemen on the floor, the
The Committee on Citizenship, Bill of Rights, Political Rights
Chair declares a suspension of session. and Obligations and Human Rights, to which was referred
It was 6:17 p.m. Proposed Resolution No. 7, entitled:

RESUMPTION OF SESSION TUTION AN ARTICLE ON CITIZENSHIP,
has considered the same and has the honor to report it back to
At 6:20 p.m., the session was resumed. the Constitutional Commission of 1986 with the recommenda-
tion that the resolution be approved with the following amend-
THE PRESIDING OFFICER (Mr. Maambong). The ments: On page 2 of the Proposed Resolution,
session is resumed. 1 . Line 7, put a period after the word “law.”
;
2. Delete the rest of paragraph 4 starting from the semicolon decree; many unqualified aliens became Filipino citizens under
(;) on line 7 up to and including line 15. said decree; there is a need to purge the ranks of such unqualified
3. lines 16 to 20, delete Section 2 and in lieu thereof insert aliens who now claim themselves as Filipinos;
the following section: SEC. 2. CITIZENS OF THE PHILIP-

WHEREAS, there is likewise a need to clarify the citizenship
PINES WHO MARRY
ALIENS SHALL RETAIN THEIR of a Fihpino woman who marries an alien. The provision of the
CITIZENSHIP, UNLESS BY THEIR ACT OR OMISSION 1973 Constitution in this respect needs revision. Now, therefore,
THEY ARE DEEMED, UNDER THE LAW, TO HAVE be it
RENOUNCED THEIR CITIZENSHIP.
Resolved, as it is hereby resolved by the Constitutional Com-
4. line 23, delete “A” and capitalize tlie first letter of the
mission in session assembled, To incorporate in the new Consti-
word “natural.”
tution the following article on Qtizenship:
5. On the same line, add the Ietter_S to the word “citizen” and
change the words “is one” to ARE THOSE. ARTICLE
6. Line 24, change the words “is a” to ARE and add the letter
CITIZENSHIP
S to the word “citizen.”
SECTION 1. The following are citizens of the Philippines:
7. Line 26, change the word “his” to THEIR.
(1) Those who are citizens of the Philippines at the time of
8. On the same change the period (.) after the word
line,
the ratification of this Constitution;
citizenship to a semicolon (;) and insert the following:
(2) Those whose fathers or mothers are citizens of the
PROVIDED, THAT THOSE WHO ELECT PHILIPPINE Philippines;
CITIZENSHIP IN ACCORDANCE WITH SECTION 1, Those who elect Philippine citizenship pursuant to the
(3)
PARAGRAPH 3 ABOVE SHALL ALSO BE DEEMED provisions of the Constitution of nineteen hundred and thirty-
NATURAL-BORN CITIZENS, five;
with Honorable Davide, Jr. as author thereof. (4) Those who are naturalized in accordance with law.
SEC. 2. Citizens of the Philippines who marry aliens shall
(Sgd.) Jose B. Laurel, Jr. they are
retain their citizenship, unless by their act or omission
Chairman deemed, under the law, to have renounced their citizenship.
Committee on Citizenship, Bill of Rights,
SEC. 3. Philippine citizenship may be lost or reacquired in the
Political Rights and Obligations
manner provided by law.
and Human Rights
SEC. 4. who are citizens of the
Natural-born citizens are those
(Sgd.) Joaquin G. Bernas (Sgd.) Christine A. Tan Philippines from birth without having to perform any act to ac-
Vice-Chairman Member quire or perfect their Philippine citizenship ;jRrov/c?e<i, That those
who elect Philippine citizenship in accordance with Section 1,
(Sgd.) Yusup R. Abubakar (Sgd.) Jose C. Colayco Paragraph 3 above shall also be deemed natural-bom citizens.
Member Member
(Sgd.) Rene V. Sarmiento (Sgd.) Jaime S.L. Tadeo MR. BENGZON. Mr. Presiding Officer.
Member Member
(Sgd.) Edmundo G. Garcia (Sgd.) Bernardo M. Villegas
missioner Bengzon is recognized.
Member Member
MR. BENGZON. May I now request that Commis-
(Sgd.) Francisco A. Rodrigo (Sgd.) Ponciano L. Bennagen be recognized to sponsor the committee
sioner Bernas
Member Member be subject to interpella-
report, which will thereafter
tions.
(Sgd.) Eulogio R. Lerum (Sgd.) Teodoro C. Bacani
Member Member
missioner Bernas is recognized to sponsor Committee
(Sgd.) Ambrosio B. Padilla (Sgd.) Teodulo C. Natividad
Member Report No. 4.
PROPOSED RESOLUTION NO. 7 SPONSORSHIP SPEECH

(As amended by the Committee) Qp COMMISSIONER BERNAS
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- BERNAS. The honorable Members of the Com-
FR.
TUTION AN ARTICLE ON CITIZENSHIP. ssion:
in a Consti- Let me say that the greater part of

my sponsorship
WHEREAS, an article on Citizenship is mandatory
tution; s already been done. So, I would like
a
remarks as part of my sponsors
ip.
new on jvious
WHEREAS, the Constitution must have an article
touch on matters which
Citizenship mid like to do today is just to
lad not touched on yet in my
past appearances. I did
WHEREAS, under the unlamented Marcos regime, Filipino
did not touch on Section
t touch on Section 2 and I
citizenship could be acquired administratively pursuant to a
3. Section 2 is simply a slight modification of the 1973 THE PRESIDING OFFICER (Mr. Maambong). Com-
provision and the modification simply consists in desex- missioner Regalado is recognized.
ing the provision.
The 1973 provision female citizen of the

states that a
MR. REGALADO. Will the sponsor yield to a ques-
Philippines who marries an alien shall retain her Philip- tion with respect to the change in Section 2?
pine citizenship unless by act or omission, as defined
and determined by law, she is deemed to have re- THE PRESIDING OFFICER (Mr. Maambong). The
nounced her Philippine citizenship.
distinguished sponsor may yield, if he so desires.
In our report, we have omitted any mention of sex,

FR. BERNAS. Yes, Mr. Presiding Officer.
and we just say;
Citizens of the Philippines who marry aliens shall retain MR. REGALADO. The provisions of the 1973 Con-
their citizenship unless by their act or omission, they are stitution consideration were specifically with
under
deemed under the law to have renounced their citizenship. respect to a Philippine female citizen who married an
With respect to Section 3, there is no change made alien, and as a consequence, lost her Philippine citizen-
from the 1935 and 1973 provisions. ship, subject to the conditions therein.
With respect to Section 4, the difference is in the FR. BERNAS. Yes.

number of the nouns and, therefore, also of the cor-
responding verbs. In the 1973 provision, a natural-born MR. REGALADO. Whereas, under the proposed
citizen is one who is a citizen of the Philippines from amendment to Section 2, however, there is no distinc-
birth without having to perform any act to acquire or tion between male or female citizens of the Philippines
perfect his Philippine citizenship. who marry aliens. What would be the situation or con-
In our proposal, natural-born citizens are those who tingency envisioned here then since said Section 2 under
are citizens of the Philippines from birth without having the 1973 Constitution was with respect to a female
to perform any act to acquire or perfect their Philippine citizen marrying an alien?
citizenship. We have also added a proviso which I
already explained in my previous appearance. With these FR. BERNAS. Yes. This provision was placed here to
cover any possibility that there by
remarks, I am ready to answer whatever questions may might be a country
be raised. whose laws anybody who marries its citizen acquires
coun-
that country’s citizenship. I
am not aware of any
MR. AZCUNA. Mr. Presiding Officer. try which has that law,
but, just in case • • •
to protect the males.
THE PRESIDING OFFICER (Mr. Maambong). Com- MR. REGALADO. Thank you.
missioner Azcuna is recognized.
MR. AZCUNA.
Will the sponsor yield to a few clari- missioner Suarez is recognized.
ficatory questions?
MR. SUAREZ. Thank you, Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Maambong). He I was reading the Gentleman’s proposal on citizen
may yield, if he so desires. ship.May I call his attention to paragraph 1. I notice
he employed the term “ratification” rather than the
FR. BERNAS. Willingly, yes. term “adoption” as used in both the 1935 and the 1973
Constitutions. Is there any substantial difference be-
MR. AZCUNA. With respect to the proviso in Section tween “ratification” and “adoption”?
4, would only to those who elect Philippine
this refer
citizenship after the effectivity of the 1973 Constitu- FR. BERNAS. Yes. The same question was asked the
tion or .would it also cover those who elected it under first time I stood up on this topic and my answer was
any rate, is adopted upon
the 1935 Constitution? that the Constitution, at
ratification, so there is no change in meaning. But I
would not be willing to die for the word “ratification”
FR. BERNAS. would apply to anybody who
It
if the Gentleman
insists on changing it.
elected Philippine citizenship by virtue of the provision
of the 1935 Constitution, whether the election was MR. SUAREZ. would the Gentleman not feel
So,
done before or after January 17, 1973. more comfortable none of us would die for one point
if
just for the sake of changing? Going back to the word
MR. AZCUNA. Thank you. employed under the 1973 Constitution . . .
MR. REGALADO. Mr. Presiding Officer. FR. BERNAS. For me it could be either way.
MR. SUAREZ. Thank you. FR. BERNAS. Those born under the 1973 Constitu-
tion, whose mother is a Filipino, even if the father is an
FR. BERNAS. Either way, but since the Committee alien, the child is a Filipino at birth and, therefore, does
left it this way, I would not tamper with it now, but we not have to elect Philippine citizenship. It is for that
can change it later, if necessary. reason that I say paragraph 3 has applicability only to
those who were born prior to January 17, 1973 because
MR. SUAREZ. Thank you. they are the only ones who would need to elect.
I will go back to my
question regarding the implica-
MR. SUAREZ. Under the theory that those born
tions of paragraph
3, Section 1 on those who elect under the category specified in
after 1973 would fall
Philippine citizenship pursuant to the provisions of the
paragraph 2.
1935 Constitution. This would specifically refer to
those whose mothers are citizens of the Philippines,
FR. BERNAS. Yes.
and upon reaching the age of majority, elect Philippine
citizenship. Is my understanding correct? is to say, those whose fathers
MR. SUAREZ. That
or mothers are citizens of the Philippines.
FR. BERNAS. Yes.
FR. BERNAS. Yes.
MR. SUAREZ. Would the Gentleman limit the ap-
the intention of the Com-
plicability of this paragraph 3 to those born before the
MR. SUAREZ. If that is
in the proposed
mittee, should it not be clearly stated
adoption of the 1973 Constitution? should apply only to those born
paragraph 2 that this
before 1973?
FR. BERNAS. Yes.
FR. BERNAS. I do not follow.

MR. SUAREZ. Would not the Gentleman extend the
is saying
operation of this provision to those born after 1973? MR. SUAREZ. Excuse me. The Gentleman
:hat under paragraph 3,
those who elect Philippine
provisions of the 1935
FR. BERNAS. No, I would not because as I said, dtizenship pursuant to the
limited only to those born
those born after the ratification of the 1973 Constitu- :onstitution ought to be
jrior to 973.
tion could come under paragraph 2.
1
MR. SUAREZ. notice that in the case of paragraph

I FR. BERNAS. Yes. It was only prior to 1973 that the
4 of Section 1, Article IV on Citizenship under the 1935 1935 Constitution was in effect.
Constitution, there is no such circumscribing period.

suggesting is: Should
MR. SUAREZ. So, what I am
black and white to reflect the
FR. BERNAS. am not sure get the question. we not spell that out in
I
so there will be no
I
of the Committee members
thinking
the restrictive application of para-
further doubt as to
MR. SUAREZ. The provision is very simple and it
graph 3, Section 1?
says:
the
Those whose mothers are citizens of the Philippines FR BERNAS. I do not have any doubt but if
clarificafon. I
and, upon reaching the age of majority, elect Philippine body insists on the need for further
citizenship. certainly would entertain that.
There no specific period stating that this ought to
The next question has something
is
be applicable only to those born before the adoption MR SUAREZ. was a derivation or
of the 1935 Constitution, in the same manner that para- tn do with Section 2 because this
Sect, on 2 of the 1973 Const,
tu-
graph 3, Section of Article III on Citizenship under SrMal Privation from
categorically that it is applicable
1
the 1973 Constitution does not contain that

period Uon which specified
limitation.
R. BERNAS. Yes.
FR. BERNAS. The period is necessarily implied. It I
understand the Gentleman’s question right, the situa-
IR SUAREZ Is the Gentleman aware of any m-
tion, as I see it, is something like this: Under the
1935
any foreign counny
who
'x. wl,cm a male ci.izen of
Constitution, if the mother is a Filipino and the father
ries a Filipino loses
his citizenship?
is an alien, the child is not born a Filipino.
But upon
reaching the age of majority, the child may elect Philip-
not aware of any now.
We put
R BERNAS. I am
pine citizenship. the males, as
1 as a cautionary clause to protect
MR. SUAREZ. That is right.

230 WEDNESDAY, jUNE 25, 1986
MR. SUAREZ. Thank you. FR. BERNAS. Yes, that was adopted by the 1973
Constitution.
MR. NOLLEDO. Mr. Presiding Officer.
MR. NOLLEDO. And this is consistent?
Maambong). (Mr.
Before the Chair recognizes Commissioner Nolledo, FR. BERNAS. But we did not put that in.
please be informed that Commissioners Guingona and
Rodrigo have already registered their desire to speak. MR. NOLLEDO. Yes. This is also consistent with the
Commissioner Nolledo will, therefore, be recognized provision of paragraph 2, Section 1 that children born
after them. of Filipino mothers are citizens of the Philippines, an
adherence to the jus sanguinis rule and one of the
MR. NOLLEDO. I will yield to them. egalitarian principles now enshrined in the Freedom
Constitution.
missioner Guingona? FR. BERNAS. Yes. It is an adherence to jus sangui-
nis.
MR. GUINGONA. I will yield.
MR. NOLLEDO. The law and the Committee’s
MR. RODRIGO. will yield.
I
recommendation state that —
read only a portion
and I
of Section 2 — unless by her act or omission she is
THE PRESIDING OFFICER (Mr. Maambong). Com- deemed, under the law, to have renounced her citizen-
missioner Nolledo is recognized because the other Com- ship, with special emphasis
missioners who made reservations to interpellate have
on the words “under the
law.”
yielded the floor.
FR. BERNAS. Yes.
MR. NOLLEDO. Thank you, Mr. Presiding Officer.
MR. NOLLEDO. In other words, is it correct to say
THE PRESIDING OFFICER (Mr. Maambong). What that the expression,
“unless by her act or omission she
is the pleasure of Commissioner Nolledo? IS deemed . is not self-executing; meaning, there
.
must be an implementing statute?

MR. NOLLEDO. Thank you. Am I correct?
Will Commissioner Bernas yield to interpellations?

FR. BERNAS. If her citizenship questioned in any
is
proceeding, then the implicit
or explicit renunciation
FR. BERNAS. Certainly. can be cited. In other
words, this does not automatically
take place but it is a
question of fact whether in truth
THE PRESmiNG OFFICER (Mr. Maambong). The she did make a renunciation.
sponsor may yield, if he so desires.
MR. NOLLEDO. Commissioner Bernas, since the
MR. NOLLEDO. Commissioner 1973 Constitution was adopted, of any
Bernas, under Sec- I am not aware
tion 2 it is stated: implementing statute or any law that implements
Section 2.
A
temale citizen of the PhUippines who marries
an alien
shall retain her Philippine citizenship,
unless by her act or
omission as defined and determined by law, she is
FR. BERNAS. I am not aware of anything explicit,
deemed ut think it has been understood that if a person per-
I
to have renounced her Philippine citizenship.
torms a pledge of allegiance is
to another country, that
think the Gentleman will agree with me that
I
imp icit renunciation
this is a of her citizenship here.
new provision which supersedes the previous rule
as far
as the 1973 Constitution is concerned - that Mr. nolledo. Therefore,
a Filipino
woman who marries an alien followed the citizenship of there is no need of any
law before
we may apply Section 2.
the latter, if by the law of her husband she acquired
by
marriage his citizenship. That was the old rule in FR. bernas.
mar- There is no need.
riage citizenship.
Mr. nolledo. Thank
you very much.
FR. BERNAS. That was the old rule until January 17
1973. THE PRESIDING OFFICER (Mr. Maambong). Com-
missioner Rodrigo
MR. NOLLEDO. Then the present rule which the
is recognized.
Gentleman has adopted is that a Filipina who marries an MR. RODRIGO. Under Section 2, if a Filipino citizen
alien remains a Filipina irrespective of what the law of
marries an alien, he or she retains Philippine citizenship.
the husband’s country provides.
If, according to
the law of the husband, the wife auto-
.
inatically becomes a citizen of the country of the the election earlier. If all along he knew that he had to
husband, we will have a case of dual citizenship. make an election and he did not, then three years would
be considered unreasonable. As I said, in the case which
FR. BERNAS. Yes. I cited, the Supreme Court considered three years
reasonable because the person thought he did not have
MR. RODRIGO. And we will allow this as long as the to elect and, second, the person thought he was a Filipino
Filipino or the Filipina does not commit any act or allalong and under that belief he served in the Armed
omission which would make her lose his or her citizen- Forces.
ship. in law, the word “reasonable” is
As with everything
something that is rather flexible. We have to examine
FR. BERNAS. Yes. or unless our naturalization law the factual circumstances of every case to determine
prescribes that at a certain point the Filipino who has whether indeed in this particular case three years would
dual citizenship must make an election. be reasonable or unreasonable. In some instances, one
year may reasonable or already
be unreasonable,
MR. RODRIGO. Then I come back
to that question
depending on the circumstances.
of mine. The age of majority in making an election is,
as the Gentleman said, 21 years. MR. RODRIGO. But this provision becomes very,
very important because his election of Philippine citi-
FR. BERNAS. Yes. This was taken from the 1935 zenship makes him not only a Filipino citizen but a
Constitution; and under that Constitution the age of natural-born Filipino citizen, entitling him to run for
majority for this purpose was 21 years. Congress, to be a Justice of the Supreme Court . . .
MR. RODRIGO. The Gentleman said that according

FR. BERNAS. Correct. We are quite aware of that,
to jurisprudence this must be exercised within three and for that reason we will leave to the body
whether to
years . . .
approve that proviso on Section 4.
FR. BERNAS. Within a reasonable time upon reach- is a good basis for
the
MR. RODRIGO. I think there
ing the age of majority. me as unfair that the Filipino
-oviso, because it strikes
day before January 17, 1973 cannot be
ho was born a
MR. RODRIGO. The Gentleman mentioned three Filipino citizen or a natural-born
Filipino citizen,
natural-born
years. hile another one born the day after is a
FR. BERNAS. I am aware of one occasion where a

person under this situation was allowed to make an FR. BERNAS. It could only be an hour later.
election three years after he reached of the age

majority. And the condition was this: He was a person For example,
MR. RODRIGO. An hour later, yes.
who all the time believed that he was a citizen of the and another
one born at 1 1 :30 p.m. of the previous day,
Philippines and because of that even served in the of the succeeding day.
at 12: 10 a.m.
Armed Forces. In recognition of this, the Supreme
Court ruled that three years was not unreasonable.
FR. BERNAS. Yes.
MR. RODRIGO. Let us say that somebody was born
before 1973, so he is covered by the provision that he
must elect Philippine citizenship upon reaching the age we ôuM be
no. "hin.
of 2 1
FR. BERNAS. Born under the 1935 Constitution. BERNAS. am sure the Committee will entertain
FR. I
concrete proposals along that

line.
MR. RODRIGO. Yes. under the 1935 Constitution.

Let us say that this man has not elected Philippine very much.
MR. RODRIGO. Thank you
citizenship but all of a sudden he wants to be a candi-
date for Congress. The law says he must be at least 25 Maambong). The
years of age. So, six months before reaching the age ot Commissioner Padilla, is recognized.
Vice-President,
25 he decides to elect Philippine citizenship; that is.
three-and-a-half years after he reached the age of Presiding Ofticer.
MR. PADILLA. Thank you, Mr.
majority. Would he still be allowed to elect Philippine Proposed Resolution
Inotice that we are referring to
citizenship? No. 4.
No. 7, as modified by Committee Report
FR. BERNAS. It would depend on the circumstances;
it would depend on the reasons why he did not make FR. BERNAS. Yes.
232 V/EDNESDAY, JUNE 25, 1986
MR. PADILLA. It is quite difficult to be going from commission from a foreign country, etc. There are
one page to another. For example, the resolution says; seven causes, including a cancellation of certificate of
“Delete Section 2,” and the report says, “Insert this naturalization or having been declared a deserter in the
section.” Philippine Armed Forces.
For immediate reference, why can we not place these There is no other law that I know that mentions
different sectionsunder “Citizenship” on a more or less renunciation except this provision “by express renun-
final form, as recommended by the Committee7The in- ciation of citizenship” in paragraph 2, Section 1 of
sertion recommended by the Committee should be Commonwealth Act No. 63. So that when the law
incorporated in capital letters and the old provision that mentions “express renunciation” and at the same time
is may be enclosed in parenthes-
intended to be deleted “renounced” is mentioned “by their act of omission,”
es.That was a practice in the Senate and in the Con- they are not very clear, if not confusing. Does not the
gress. That would make it easier, I think, for all the Gentleman feel that we should clarify this? We do not
Members of this Commission. know exactly what law it is referring to except Com-
monwealth Act No. 63.
FR. BERNAS. I recognize that it could have been
done better that way, but I think the provision is suffi- FR. BERNAS. My understanding of this provision as
ciently short so that it is possible to make references. ithas existed since 1973 is that the use of the word “re-
nounced” in Section 2 is not qualified by the adjective
MR. PADILLA. In Commonwealth Act No. 63 — “express.” In other words, what this means is that the
How Citizenship May be Lost — Section provides for 1 word “renounced” under Section 2 could either be
seven causes, and the last one, before subsequent “express” or “implied.”
amendments, reads:
Paragraph 1 of the section cited by the Vice-President
In the case of a woman, upon her marriage to a foreigner from Commonwealth Act No. 63 speaks of “express
if, by virtue of the law in force in her husband’s country,
renunciation.” But I think the other sections can be
she acquires his nationality.
interpreted as renunciation.” And that
“implied is
So, a Filipino citizen who

marries a foreigner whose covered by the word “renounced” in Section 2, which is
country’s law provides that she acquire her husband’s not qualified by the adjective “express.”
nationality, loses her Filipino citizenship and acquires
the citizenship of her husband. MR. PADILLA. Why do we not make by just it clearer
saying “express” or “implied” renunciation under the
That was the law prior to January law?
17,
197:f
FR. BERNAS. I would be willing to entertain
such an
MR. PADILLA. Yes, Commonwealth Act No. 63 is amendment at the proper time.
an old law. The same CA No. 63 provides for reacquisi-
tion of Philippine citizenship - it may be lost
or re-
MR. PADILLA. Thank you. Commissioner Bernas.
acquired in the manner provided by law. I suppose that The last portion of the committee report says:
said law has reference to Commonwealth Act No. 63.
. .That those who elect Philippine citizenship in
.
accordance with Section 1, Paragraph 3 above shall also

FR. BERNAS. Yes, but that Commonwealth Act was
be deemed natural-born citizens.
repealedon January 17, 1973 by Section 2.
I agree consider as natural-born citizens children
to
MR. PADILLA. I will go to that later on. The pro- whose fathers and mothers are citizens. But when the
posed replacement of Section 2 reads: “CITIZENS OF word “elect” in paragraph Section 1, is repeated in the
3,
THE PHILIPPINES WHO MARRY ALIENS SHALL proviso of the last section, that election is provided in
RETAIN THEIR CITIZENSHIP, UNLESS BY THEIR Commonwealth Act No. 625. Now, as I mentioned in
ACT OR OMISSION THEY ARE DEEMED, UNDER my remark before, it would be a little strange if we
THE LAW, TO HAVE RENOUNCED THEIR CITIZEN- place in paragraph 3 of Section 1 the word “elect” and
,
SHIP.” again repeat it in the last paragraph or last proviso of

Section 4. The 1973 Constitution does not provide for
It makes reference to the law. According to
again
election because the 1971 Constitutional Convention
Commonwealth Act No. 63, one of the grounds for
losing a citizenship is by express renunciation of citizen-
merged Sections 2 and 3 of the 1935 Constitution into
one provision; “Those whose fathers or mothers are
ship.
citizens of the Philippines.”
FR. BERNAS. Yes. expressed the view before that I was subscribing to
I
the view of Commissioner Concepcion, that probably it

MR. PADILLA. Of course,
it also provides for other would be better to retain the two classifications in the
oath of allegiance to support
acts, like subscribing to the 1935 Constitution. Would the Gentleman have serious
a foreign government, rendering service or accepting or underlying objections?
FR. BERNAS. Committee subscribes to

Precisely, the or she acquires such citizenship. I am not aware of the
the change made by
the 1973 Constitution that in order consensus in the Gentleman’s Committee about the
for a child to be a Filipino, it is not necessary that both matter of dual citizenship.
the father and the mother be Filipino. It is enough that
the mother be a Filipino. And this report reflects our FR. BERNAS. The feeling of the Committee, if I may
subscription to the change made in 1973. attempt to reflect it, is that the question of dual citizen-
ship can be dealt with in ordinary legislation.
MR. PADILLA. With due respect, we feel that there
is between
a real distinction born of a Filipino
a child MR. GUINGONA. I see. I felt that perhaps even in
father married to an alien and a child born of a Filipino the Constitution itself, there could be some attempts to
mother with a foreigner husband. discourage dual citizenship. My question is: Has the
Committee considered the possibility of requiring this
Filipino citizen who has now a dual citizenship on
ac-
FR. BERNAS. The Committee will entertain an
count of marriage to renounce the citizenship of the
amendment which seeks to revert to the 1935 rule.
spouse within a specified period?
MR. PADILLA. Thank you very much.
FR. BERNAS. We did not because we feel that is
I was going to suggest, if I may, just for the sake of
better left to ordinary legislation.
further consideration, to add the phrase AND ARE
BORN IN THE PHILIPPINES immediately after the Mr. Presiding Officer, request
MR. CALDERON. I
phrase “citizens of the Philippines” in paragraph 4, the floor.
that Commissioner Ople be given
Section 1 of the 1935 Constitution.
PRESIDING OFFICER (Mr. Maambong).
THE
FR. BERNAS. That matter can also be taken up in
Commissioner Ople is recognized.
the period of amendments.
Presiding Officer, will the
sponsor
MR. OPLE. Mr.
MR. PADILLA. Thank you very much.
yield to a few questions?
FR. BERNAS. Thank you very much. Maambong). He

may yield, if he so desires.

MR. OPLE. Thank you very much.
THE PRESIDING OFFICER (Mr. Maambong). The of having to echo my
I find myself in a position
Assistant Floor Leader recognized. the floor concerni g
istinguished predecessor on
is
the
this Commission during
latter that preoccupied num-
MR. CALDERON. I move that the Chair recognize significant A
eewLel ng debate on citizenship. about
Commissioner Guingona, and after Commissioner expressed their concern
of Commissioners
Guingona, Commissioner Ople; and with your kind sense that it
ual citizenship in the
indulgence, I would like to move for adjournment after sovereignty which some of
lleeiance under a double would
Commissioner Concepcion is recognized. So, it will be
ho ?hen in a freewheeling debate thought
Commissioners Guingona, Ople, Concepcion, after sovereignty
pervades the
e repugnant to the
which it is my intention to make a motion for adjourn- citizenship
:onstitution and to
ment.
niqueness and "se^ ,|Ji^Jion is
THE PRESIDING OFFICER (Mr. Maambong). Thank ha;"cfti«nship including,

of course, the ob|i8at>°^
you, Mr. Assistant Floor Leader. c to thP defense of the State
when it is threateneo,
the
Commissioner Guingona Commissioner Bernas, is, of course,
is recognized. nd back of this. of those
security. In the course
oncern for naiional of
fact that as a result
MR. GUINGONA. Thank you, Mr. Presiding Officer. lebates think some noted the
I
esta-
decision to
naturalizations since the
just have one question. e wave of
I
;'h diplomatic relations
whh • «;Pj;.“rse^
still
intention is also noted. laturalized Filipinos /gf'lhein do
MR. GUINGONA. As pointed out by Commissioner r:"he'i°ô“h ^f :nesP .o,a^fo.igJi^*-rnthe":

Rodrigo, a citizen of the Philippines who marries an
Sen Republic is com-
alien and who, therefore, retains his or her citizenship,
may acquire the citizenship of the alien’s spouse, if,
r anrersa“ry“o7 thfsun Ya”
êmoraled. aL detected a ienume and
so. I have
d
citizenship, with its attendant risk
according to the laws of the country of that spouse he oncern about double
of double allegiance which is repugnant to our sover- policy of protection of our natural resources and the
eignty and national security. I appreciate what the operation of public utilities.
Committee said that this could be left to the determina-
tion of a future legislature. But considering the scale of FR. BERNAS. The Committee did not explicitly
the problem, the real impact on the security of this discuss this. It may be true that, in fact, there were
country, arising from, let us say, potentially great aliens who acquired citizenship shnply for purposes of
numbers of double citizens professing double allegiance, exploitation of the natural resources, but as pointed out
will the Committee entertain a proposed amendment at the other day, perhaps at this stage, as far as they are
the proper time that will prohibit, in effect, or regulate concerned, it would be trying to close the barn after the
double citizenship? horses have left. At any rate, the Constitution does have
a provision which says that “Philippine citizenship may
FR. BERNAS. While the Committee prefers to leave be lost or reacquired in the manner provided by law.”
this matter to ordinary legislation, should the body pre- And the Constitution also authorizes the legislature to
fer to settle the question on dual citizenship in the pass naturalization laws. A lot of these problems, I
Constitution itself, I am Committee will not
sure the think, can be dealt with in ordinary legislation.
be unduly dismayed by that.
MR. CONCEPCION. But would the Gentleman
MR. OPLE. Thank you very much, Mr. Presiding Of- consider that the liberalization of naturalization pro-
ficer. ceedings would affect considerably the efficacy of the
constitutional policy on conservation and utilization of
MR. CALDERON. Mr. Presiding Officer. natural resources and the operation of public utilities?
THE PRESIDING OFFICER (Mr. Maambong). The FR. BERNAS. Definitely, of the
liberalization
Assistant Floor Leader is recognized. naturalization law would have that effect but there is
nothing in this proposal which liberalizes the naturaliza-

MR. CALDERON. I move that Commissioner tion law. It leaves the matter of naturalization law to
Concepcion be recognized. the legislature.
THE PRESIDING OFFICER (Mr. Maambong). Com- MR. CONCEPCION. I spoke of liberalization because
missioner Concepcion is recognized. the point of reference of the Committee seems to be the
1973 Constitution. But the 1973 Constitution liberal-
to the provisions of the
ized naturalization in contrast
MR. CONCEPCION. Commissioner Bernas, has the
1935 Constitution.
Committee, in adopting considered the
its report,
question of whether or not the Constitutional Com-
FR. BERNAS. I would disagree that the 1973 Consti-
mission is likely to adopt the nationalistic spirit of the
1935 and 1973 Constitutions in connection with the
tution liberalizedthe naturalization law. The 1973
Constitution did not touch the naturalization law
conservation and utilization of our natural resources
except on that point of the woman who loses her
and the operation of public utilities? On the surface,
citizenship upon marriage to an
there might seem to be no connection between citizen- alien. There is nothing
here which liberalizes the naturalization law.
ship and the conservation of natural resources and the
operation of public utilities. However, the delegates to
MR. CONCEPCION. But that is not the point. Many
the Constitutional Convention of 1935 felt that aliens
Chinese retailers, for instance, have married Filipino®
have consistently expanded their influence over our
apparently to avoid the limitations to the operation of
finances. Many of these aliens were old residents of the
retail stores. And there is a most glaring example; the
Philippines but they did not feel inclined to apply for
thousands of naturalization cases when the Philippirics
naturalization.
was going to withdraw its recognition of the government
It is significant that among those who favor reversion
of Taiwan and extend recognition to the People’s Repub-
to the policy of the 1935 Constitution are two Commis- lic of China.
sioners in this Assembly, Commissioner Padilla, as Thank you.

former Solicitor General and myself, who as former
members of the Bureau of Justice, have handled hun- FR. BERNAS. quite agree, but again, if there was
I
dreds of naturalization cases. Beyond doubt, the only liberalization there, it was not effected by the Constitu-
motive of the applicants for naturalization is the oppor- tion.
tunity to participate in the utilization of our natural

resources and the operation of public utilities. MR. CONCEPCION. But just the same, liberalization
effects the conservation of natural resources.
I repeat, my question boils down to whether the
sponsoring Committee has considered the probability FR. BERNAS. I have no disagreement with that. The
that the Constitutional Commission might maintain that only thing am disagreeing with is that the liberalization
I
was affected by the Constitution. It was not. It was af- Chief Justice of the Supreme Court. I think that each
fected by the liberal policies of Marcos in the naturaliza- Member of the Commission should consult his con-
tion law but not by the Constitution. science on this point.
From the viewpoint of law, logic and experience,

MR. CONCEPCION. beg the Gentleman’s attention
I
when a Filipina marries a foreigner, she expresses her
to the fact that the 1973 Constitution was made by
willingness to be of one flesh with the foreigner for life.
Marcos. Even in 1971, it had been said that there was a Why should we then assume that she married the
strong lobby for the liberalization of the provisions of foreigner without the intention of following his citizen-
the Constitution relative to citizenship. I would suggest ship? I am more inclined to assume that she is willing
consideration of the fact that there is a great likelihood to lollow the citizenship of her husband. Instead of
that the Commission may wish to adopt the policy, the requiring her to declare that she does not wish to remain
restrictive policy, in the exploitation and utilization of
a Filipino, she should, perhaps, be required to state, at
natural resources as well as in the operation of public the time of the wedding, that she prefers to retain her
utilities. Filipino citizenship.
The effect of the different constitutions, particularly
Although the honorable Commissioner has already
the 1973 Constitution, to allow more people to
expressed his views on the matter of the citizenship of a
is
become or to claim Philippine citizenship without filing child born of a Filipino mother and an alien father,
my
applications for naturalization. Even the procedure for viewpoint of logic and experience,
thinking, from the
the acquisition of citizenship by naturalization had been looks up to the father, par-
is that the child generally
amplified, I mean, liberalized. I would suggest the im- assumption should
ticularly during infancy. In short, the
portance of our constitution stating something to in- choice, he would
be that, if the child could express his
dicate our policy on the matter of citizenship and that father, although
prefer to follow the citizenship of the
we now adopt a more restrictive policy. It is bad enough
upon reaching the age of majority, he may
elect to
that our old policy thereon had adverse effects. It would mother.
follow the citizenship of the Filipino
be worse to continue adhering to that policy.
Thank you. Father Bernas, for your patience.
On paper we may have appeared to be nationalistic.
In actual practice, however, we really are not. The as-
sembly may have had the excuse that the Constitution SUSPENSION OF CONSIDERATION
had imposed no explicit restrictions, so we should leave OF PROPOSED RESOLUTION NO. 7
no doubts that hereafter we are opposed to any form of (Article on Citizenship)

liberalization. Of course the members of the assembly
I move that
know the reason better than I do, but on that basis, I MR. CALDERON. Mr. Presiding Officer,
on Proposed
would suggest consideration of the effect of the pro- we continue the sponsorship and debate
posal of the Committee upon the provisions on the Resolution No. 7 tomorrow afternoon.
enjoyment of our natural resources and the operation of
Maambong). Is
public utilities. We
should maintain the present safe- THE PRESIDING OFFICER (Mr.
none;
guards regarding said resources and public utilities. there any objection? (Silence) The Chair hears
Moreover, we must control the immigration of foreign- the motion is approved.
ers, considering our big population, which admittedly
demands control.
adjournment of session
Those who advocate the proposed constitutional
amendment argue that the same has no adverse effects we adjourn the session
MR. CALDERON. I move that
upon us. The fact is that those who were naturalized by afternoon.
ntil tomorrow at five o’clock in the
election, upon reaching the age of majority, shall be
considered as natural-born citizens. This is one form of Maambong). The
liberalization of the pertinent provision. If we adopt the
o clock in
adjourned until tomorrow at five
rssion is
amendments proposed by the Committee, a child bom
le afternoon.
an alien can eventually become President of the Philip-
pines or Speaker of the House of Representatives, or It was 7:22 p. m.
i
i
R.C.C. NO. 18
OPENING OF SESSION ROLL CALL

call the roll.
THE PRESIDENT. The called to order.

session is
Present Natividad . . . . . Present^
Abubakar
Present Nieva . . Present
NATIONAL ANTHEM Alonto
Present NoUedo .... . . Present
Aquino
Present
THE PRESIDENT. Everybody will please rise to sing Azcuna Present Ople . . .
Present Padilla Present

Anthem.
the National Bacani
. .
Present Quesada .... . . Present

Everybody rose to sing the National Anthem. Bengzon
Present Rama . . Present
Bennagen
Present Regalado .... . . Present
THE PRESIDENT. Everybody will please remain Bernas
Present Reyes de los . . . Present
standing for the Prayer to be led by the Honorable Rosario Braid . . .
Present Rigos . . Present

Jose Luis Martin C. Gascon. Brocka
Present Rodrigo .... . . Present
Calderon
Everybody remained standing for the Prayer. Present Romulo .... . . Present
Castro de
Present Rosales . . Present
Colayco
Sarmiento Present
PRAYER Concepcion . . . •
Present . . . . .
Present
Present Suarez . .
Davide
MR. GASCON. Isang Pagbasa mula sa Ebanghelyo ni Present Sumulong . . . . . Present
San Lukas: Present Tadeo . . Present
Garcia
Present Tan . . Present
At sinabi ni Maria: Gascon
Present Tingson .... . . Present
Guingona
Ang puso ko’y nagpupuri sa Panginoon at nagagalak ang
Present Trenas . . Present
Jamir
aking espiritu dahil sa Diyos na aMng tagapagUgtas sapagkat
Absent Uka . . Present
Laurel
nilingap Niya ang Kaniyang abang alipin, at mula ngayon, Present Villacorta . . . . . Present
Lerum
ako ay tatawaging mapalad ng lahat ng saling lahi. Dahil sa Present ViUegas . . Present
Maambong . • • •
mga dakilang bagay na ginawa sa akin ng Maykapangyari- Present

Monsod
han, banal ang Kaniyang pangalan. Kinahahabagan Niya ang
mga may takot sa Kaniya sa lahat ng saling lahi. Ipinakita present.
The President is
Niya ang lakas ng Kaniyang mga bisig; ipinangalat Niya ang to the call.
mga palalo ang isipan; ibinagsak Niya ang mga hari mula sa The roll call shows 46 Members responded
kanilang trono at itinaas ang mga nasa abang kalagayan;
declares the presence of
binusog Niya ang mabubuting bagay, ang mga nagugutom at THE PRESIDENT. The Chair
pinalayas Niya nang wala ni anuman ang mayayaman; tinu- a quorum.
lungan Niya ang Kaniyang bayang Israel bilang pagtupad sa
pangako Niya sa ating mga magulang, kay Abraham at sa APPROVAL OF JOURNAL
Kaniyang saling lahi magpakailan man,
CALDERON. I move that we dispense with t^he
Amang mapagmahal at mapagpalaya, sa araw na ito previous session and that

ig of the Journal of the
ay iniaalay namin ang aming sarili, ang aming kahinaan
at kalakasan. Gabayan Mo kami sa aming pagkukulang
at tulungan Mo kami upang patuloy naming isulong ang (Silence)
there any objection?
sandigan at mithiin ng aming sambayanan — ang isang the PRESIDENT. Is
approve
motion is
malayang lipunan, upang makayanan naming ialay ang The Chair hears none; the
aming sarili sa pagbuo ng tunay na maka-Pilipino at
*
move that we
MR. CALDERON. Madam
President, I
maka-Diyos na pamayanan -na nakatimo sa kalayaan, Business.
katarungan, katotohanan at pag-ibig. Amen. proceed to the Reference of

THE PRESIDENT. Is there any objection? (Silence) Introduced by Hon. Nolledo and Sarmiento.
The Chair hears none; the motion is approved. To the Committee on Human Resources.
The Secretary-General will read the Reference of
Business. Proposed Resolution No. 279, entitled:
RESOLUTION TO PROVIDE IN THE NEW CONSTITUTION
REFERENCE OF BUSINESS THAT THE STATE SHALL FOSTER AND PROMOTE
THE ESTABLISHMENT OF COOPERATIVES AND SUP-
Resolutions on First Reading and Communications, the
PORTING SERVICES ALL OVER THE COUNTRY
ESPECIALLY IN THE RURAL AREAS.
PROPOSED RESOLUTIONS ON FIRST READING To the Committee on Social Justice.
Proposed Resolution No. 274, entitled; Proposed Resolution No. 280, entitled;
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI- RESOLUTION TO STRENGTHEN, INVIGORATE AND
TUTION SECTIONS THREE AND FOUR, ARTICLE CONSTITUTIONALIZE THE OMBUDSMAN KNOWN
FOUR, OF THE 1973 CONSTITUTION WITH MODIFI- AS THE TANODBAYAN.
CATION TO MAKE THE PROTECTION MORE EFFEC-
TIVE. Introduced by Hon. Nolledo.
Introduced by Hon. Trenas. To the Committee on Accountability of Public Of-

ficers.
To the' Committee on Citizenship, Bill of Rights,
RESOLUTION FIXING THE PERIOD WITHIN WHICH THE
CIVIL SERVICE COMMISSION SHALL DECIDE CASES
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI- BROUGHT BEFORE IT AND PROVIDING FOR AP-
TUTION SECTION ELEVEN, PARAGRAPH (1), ARTI- PEALS THEREFROM TO THE SUPREME COURT.
CLE X OF THE 1973 CONSTITUTION WITH MODIFICA- Introduced by Hon. Davide, Jr.
TIONS AND WITH AN ADDITIONAL PARAGRAPH
TO FURTHER STRENGTHEN THE COMPULSORY To the Committee on Constitutional Commissions
CHARACTER OF SAID PROVISION. and Agencies.
Introduced by Hon. Trenas, Colayco, Romulo and Proposed Resolution No. 282, entitled:
Suarez.
RESOLUTION AUTHORIZING APPEALS ON QUESTIONS
OF FACT FROM DECISIONS, ORDERS OR RULINGS
OF THE COMMISSION ON AUDIT.
TUTION A PROVISION FOR A NATIONALIST, SCIEN- To the Committee on Constitutional Commissions
TIFIC AND PEOPLE-ORIENTED EDUCATION. and Agencies.
Introduced by Hon. Quesada.
To the Committee on Human Resources. RESOLUTION TO FURTHER STRENGTHEN THE CONSTI-
TUTIONAL COMMISSIONS BY EXPANDING THE
SCOPE OF THE PROHIBITION ON MEMBERS THERE-
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- OF TO BE FINANCIALLY INTERESTED DIRECTLY OR
TUTION A PROVISION ON A NATIONAL HEALTH INDIRECTLY IN ANY CONTRACT WITH, OR IN ANY
POLICY FOR A COMPREHENSIVE HEALTH CARE FRANCHISE OR PRIVILEGE GRANTED BY THE
DELIVERY SYSTEM FOR THE ENTIRE COUNTRY. GOVERNMENT.
Introduced by Hon. Quesada, Suarez and Sarmiento. Introduced by Hon. Davide, Jr.
To the Committee on Social Justice. To the Committee on Constitutional Commissions

and Agencies.
RESOLUTION TO PROVIDE IN THE GENERAL PROVI-
SIONS OF THE CONSTITUTION THAT THE STATE RESOLUTION AUTHORIZING APPEALS ON QUESTIONS
SHALL NOT INTERFERE WITH THE RIGHT OF OF FACT FROM DECISIONS OF THE COMMISSION ON
EVERY CITIZEN TO SELECT HIS PROFESSION OR ELECTIONS.
COURSES OF STUDY. Introduced by Hon. Davide, Jr.
To the Committee on Constitutional Commissions CIATES BUT ALLOWING THEM AND SUCH PARTNERS
and Agencies. OR ASSOCIATES TO APPEAR AS COUNSEL BEFORE
THE CONSTITUTIONAL COMMISSIONS; OR, IN THE
Proposed Resolution No. 285, entitled: ALTERNATIVE, ALLOWING THEM, AS THEY WERE
ALLOWED IN THE 1935 CONSTITUTION, TO APPEAR
RESOLUTION TO PROHIBIT CERTAIN PUBUC OFFI- IN ANY COURT EXCEPT IN CERTAIN CASES WHERE-
CIALS FROM RUNNING IN THE FIRST NATIONAL IN THE GOVERNMENT OR AN OFFICER OR EM-
AND LOCAL ELECTIONS AFTER THE RATIFICATION PLOYEE THEREOF IS INVOLVED.
Introduced by Hon. Suarez and Jamir.
To the Committee on Amendments and Transitory
Provisions. Proposed Resolution No. 291, entitled:
RESOLUTION PROPOSING THAT JUDICIAL REVIEW OF
Proposed Resolution No. 286, entitled: DECISIONS, ORDERS, AND RULINGS OF THE CIVIL
RESOLUTION TO PROVIDE IN THE CONSTITUTION OF SERVICE COMMISSION BE PROVIDED FOR IN THE
1986 FOR THE DEVELOPMENT AND FORMAL ADOP- CONSTITUTION.
TION OF A COMMON NATIONAL LANGUAGE TO BE Introduced by Hon. Foz.
KNOWN AS FILIPINO; THE CREATION OF AN 11- To the Committee on Constitutional Commissions
MEMBER COMMISSION ON NATIONAL LANGUAGE and Agencies.
AND INTERNATIONAL LANGUAGE; AND PRESCRIB-
ING THE OFFICIAL LANGUAGES. Proposed Resolution No. 292, entitled.
Introduced by Hon. Uka, Alonto and Abubakar. resolution PROVIDING FOR APPEAL FROM JUDG-
To the Committee on Human Resources. MENT OF acquittal WHEN IT IS MANIFESTLY
AGAINST THE EVIDENCE AND IS CONTRARY TO
LAW.
Introduced by Hon. Padilla.
the Committee on the
Judiciary.
TUTION A PROVISION ON THE CITIZENS’ RIGHTS To
AND DUTIES TO HEALTH. entitled:
Introduced by Hon. Quesada and Suarez.
resolution to INCORPORATE IN THE NEW CONSTI-
To the Committee on Citizenship, Bill of Rights, TUTION A PROVISION PROTECTING THE RIGHTS OF
Political Rights and Obligations and Human Rights. VICTIMS OF CRIMES.
Natividad.
Introduced by Hon.
Proposed Resolution No. 288, entitled: of Rights,
To the Committee on Citizenship, Bill
RESOLUTION PROVIDING IN THE NEW CONSTITUTION Political Rights and

Obligations and Human Rights.
THAT THE STATE SHALL RECOGNIZE THE PRIMACY
294, entitled:
OF LABOR OVER CAPITAL IN THE REGULATION OF Proposed Resolution No.
THE ECONOMY. rfsOLUTION PROVIDING IN THE NEW CONSTITUTION
Introduced by Hon. Bacani. DISQUAUFICATIONS TO RUN FOR ELECTIVE POSI-
To the Committee on the National Economy and TION.

Suarez and Jamir.
Patrimony. Introduced by Hon.
Provisions.
RESOLUTION PROVIDING IN THE NEW CONSTITUTION
;d Resolution
No. 295, entitled:
THE TEACHING OF RELIGION IN PUBUC ELEMENTA-
RY AND SECONDARY SCHOOLS UNDER CERTAIN ctrfssTNG that the
CONDITIONS.
Introduced by Hon. Bacani. ELEMENT.
Villacorta, Suarez and Bennagen.
To the Committee on Human Resources. Introduced by Hon.
Territory,
To Committee on Preamble, National
the
Proposed Resolution No. 290, Principles.
entitled: and Declaration of
RESOLUTION LIMITING THE PROHIBITION FOR LEGIS-
LATORS TO APPEAR AS COUNSEL TO COURTS IN- COMMUNICATIONS
FERIOR TO COLLEGIATE COURTS OF APPELLATE Village Residents Asso-
JURISDICTION AND MAKING SUCH PROmBITION AP- terfrom Nichol’s Airmen’s
Rosario B. Martizano pro-
PLICABLE TO THEIR FIRM PARTNERS OR ASSO- Zn, Inc. signed by Ms.
posing, among others, a bicameral legislature. funds be placed under the supervision and control of the
(Communication No. 53 — Constitutional Commission Supreme Court to ensure the independence of the
Judiciary.
of 1986)
of 1986)
Letter from Messrs. Oscar Musni, Mariano Carrasco, and To the Committee on the Judiciary.
Ike Macias, all of Cagayan de Oro City, requesting that a
public hearing be held in Cagayan de Oro City. Letter from Mr. Felino C.T. Leon of Potrero, Malabon,
(Communication No. 54 — Constitutional Commission Metro Manila, submitting a paper on a proposed form of
of 1986) government, its structure and process.
To the Ad Hoc Planning Committee on Public Hearings. (Communication No. 61 — Constitutional Commission
of 1986)
Letter from the People’s Organization Working for Ef- To the Steering Committee.
fective Reforms, Inc., Intramuros, Manila, signed by
Mr. Armando P. Francisco, expressing their desire to Letter from Mr. Napoleon B. Sayson of 2428 Dapdap
attend the scheduled public hearings and submitting St., Paranaque, Metro Manila, suggesting, among others,
their proposals on social justice. a speedy judicial process and a vice-president each for
(Communication No. 55 - Constitutional Commission Luzon, Visayas and Mindanao.
of 1986) (Communication No. 62 — Constitutional Commission
To the Committee on Social Justice. of 1986)
Letter from the Honorable Commissioner Ahmad
Domocao Alonto submitting a copy of the lecture of MR. CALDERON. Madam President.
the late Senator Benigno Aquino, Jr., at the King Abdul
Aziz University, Jeddah, Saudi Arabia, on May 12, 1981 THE PRESIDENT. The Assistant Floor Leader is
and requesting that the same be made part of the recognized.
records of the Constitutional Commission.
(Communication No. 56 — Constitutional Commission MR. CALDERON. I move that Assistant Floor
of 1986) Leader Ahmad Domocao Alonto be recognized.
THE PRESIDENT. Assistant Floor Leader Alonto is
Letter from Mr. Marino M. Mena, College of Engineering, recognized.

University of the Philippines, proposing provisions
on MR. ALONTO. Madam
science and technology, education, and environment. President, thank you for the
recognition. stand here not as Assistant Floor Leader
I
(Communication No. 57 — Constitutional Commission but I am here, Madam President, to reiterate my re-
of 1986) quest, dated June 24, 1986, addressed to the President
To the Committee on Human Resources. of the Commission.
This is regarding the lecture of the late martyr
Communication from the Honorable Neptali A. Gonza- Senator Benigno Aquino, Jr. delivered on May 12, 1981
lez,referring a paper of Mr. Nicolas A. Gerochi, Jr., at the King Abdul Aziz University Science Auditorium,
Regional Trial Court Judge, Makati, Metro Manila, with Jeddah, Kingdom of Saudi Arabia, entitled: “The
recommendation for a bicameral legislature.
a specific
Historical Background of the Moro Problem in the
(Communication No. 58 - Constitutional Commission Southern Philippines.”
of 1986) of
I believe. Madam President, that this lecture
To the Committee on the Legislative. former Senator Aquino is not only an important his-
torical document, but also a pronouncement which
Letter from the Samahan sa Kultura at Sining signed by embodies an essential formula for the solution of one of
Ms. Julie Borromeo, transmitting a proposal for a the most persistent problems in this country. I beg to
Ministry of Culture. request that the same be made part of the record of this
Constitutional Commission.* Also, I move that this be
immediately reproduced and distributed to the Members
of 1986)
of this Commission.
THE PRESIDENT. Yes. For the information of Com-
Letter from Mr. Vicente Bengzon, Jr., c/o Supreme missioner Alonto, his communication denominated as
Court, Padre Faura, Manila, proposing that judicial Communication No. 56 in our Order of Business today
*See Appendix
has been referred to the Committee on Human Re- “cause-oriented” and other political pressure groups.
sources. “Feedbacks” from urban centers Dagupan, Tarlac and
like
Naga claim that “leftwing” National Democratic Front
Thank you.
(NDF) affiliates virtually monopolized proceedings called
MR. ALONTO. Yes, Madam President, I am very by a committee of the Constitutional Commission (Con-
grateful for referring it to this Committee, but my pur- Com). Conservative elements of these cities were reported
pose in requesting that the lecture be reproduced and unable to put in a word edgewise.
distributed to the Members of the Commission is that it Indicative of the weakness and lack of popular accept-
would serve us in getting a formula to be embodied in ance of the Con-Com committees was the fiasco in Baguio
the Constitution which could solve the problem persist- City where a public hearing was turned into a gripe session
ing in our country. just to accommodate the wishes of leaders of the so-called
Cordillera People’s Assembly (CPA), a federation of or-
THE PRESIDENT. Commissioner Alonto is moving
ganizations in the five provinces in the Cordillera highlands
that the lecture be reproduced and distributed to the of Northern Luzon clamoring for self-rule.
Members.
Another item, Madam
President, appeared in the
Isthere any objection to the motion of Commissioner papers several days ago which stated that a walkout in
Alonto? (Silence) The Chair hears none; the motion is one of the public hearings was averted because the
approved. format was waived by the Commissioners.
Madam Madam Commissioner Nolledo and I were

President,
MR. ALONTO. Thank you, President.
in all honesty, say
in Naga City last weekend. We can,
no party virtually mono-
MR. CALDERON. Madam President. that no group, no organization,
called by the Constitutional
polized the proceedings
participated in the workshops
THE PRESIDENT. The Assistant Floor Leader is Commission. Almost all
radio dialogue that was
recognized. and plenary sessions held. In the
were received star mg a
conducted in the evening, calls ha
The telephone receiver
MR. CALDERON. I ask that Commissioner Sarmien- eight o’clock in the evening.
the numerous
to be recognized. to^ be lifted at 10:00 p.m. because of
public calls.
Commissioners con-
THE PRESIDENT. Commissioner Sarmiento is recog- Madam President, I asked the
nized. cerned about the averted walkout in .
replied was not true,
hearing and they it
MR. SARMIENTO. Madam President, I rise on a

have not asked the Commissioners
who came
question of collective privilege. the veracity of these
field, those who have not checked
reports, and even fellow Commissioners
wil m
THE PRESIDENT. What is the subject of the Gentle-
provincial public hearings are
dominated y ony one
man’s question of collective privilege? formu a e in
group or organization, or that formats are
needs.
utter disregard of the local people s
MR. SARMIENTO. Madam President, it is about an
Madam President, these reports affect public con-
published by one of the dailies on June 25, which I
item Commission. Even the
fidence in the Constitutional
think affects the integrity and dignity of the Constitu- to what really happened
Commissioners are at a loss as
tional Commission.
in the provinces.
THE PRESIDENT. Does the Commissioner believe
May I humbly suggest an urgent motion.
Madam Pres-
of such urgency that we have to take it up Commissioners, through i s

that it is ident: That each team of
to five minutes
now? team leader, be allotted at least three
every Monday to give itsreport, subject to questions by
MR. SARMIENTO. Yes, Madam President, I believe provinces. In this
Commissioners about its trip in the
in the urgency of this item. information from our
way, we could get first hand
from the field.
Commissioner Sarmiento may fellow Commissioners who came
THE PRESIDENT.
proceed. Thank you. Madam President.
QUESTION OF PRIVILEGE THE PRESIDENT. Thank you.

OF COMMISSIONER SARMIENTO his suggestion to a
Will Commissioner Sarmiento put
can be formally acted
upon.
MR. SARMIENTO. Madam President, on June 25, motion so that it
1986, there appeared a news item which reads, and I

move. Madam
respectfully
quote: iR SARMIENTO. I
ident, that each team,

through its team leader, be
“public hearings” on the proposed Constitution
every Monday of our
Initial
they will be dominated by :ted three to five minutes
confirm earlier predictions that
plenary sessions to give its report of the public hearings MR. MAAMBONG. This is just for the record. Will
in the provinces, subject to questions by their fellow the Commissioner put in the record the names of the
Commissioners. newspapers which published the subject matter of the
Commissioner’s speech?
motion? (Silence) The Chair hears none; the motion is MR. SARMIENTO. I refer to the Manila Bulletin,
approved. dated June 23, 1986 and June 25, 1986.
MR. MAAMBONG. Madam President. MR. MAAMBONG. Is that the only paper?
MR. OPLE. I second the motion. MR. SARMIENTO. That is the only paper I referred
to in my speech this afternoon.
However, will Commissioner Sarmiento entertain a
minor amendment without prejudice to the written
MR. MAAMBONG. Actually,do not want to dig-
I
reports of the team.
nify that report which I have also read. But considering
that the Commissioner has already opened up the sub-
THE PRESIDENT. Commissioner Ople, the motion ject, I just want to inform the body that I have also in
has already been approved. Is there any reconsideration
then of the approval so that this amendment can come
my news file a report stating that what we are doing
here is just a “palabas” and that a draft of the Constitu-
in?
tution has actually been prepared. I consider that a very
serious accusation, and I also feel that if it were not for
MR. OPLE.
This is not such a critical amendment,
the time limitation, I would also speak on a matter of
but understood that this is embraced within the
if it is
collective and personal privilege. Does the Commissioner
meaning of the motion of Commissioner Sarmiento, I
have any further recommendations aside from calling
will not disturb the prior approval. Madam President.
the attention of our Committee on Public Relations?

MR. SARMIENTO. Or maybe we can ask the reporter
to make a public apology for his kind of
reporting.
MR. OPLE. Thank you.
MR. MAAMBONG. That would be all. Madam Pres-
ident; thank you.
THE PRESIDENT. Commissioner Maambong is THE PRESIDENT. Thank you.

recognized.
REV. RIGOS. Madam President.
MR. MAAMBONG. Considering that there is still
five minutes left from Commissioner Sarmiento’s time, THE PRESIDENT. Commissioner Rigos is recog-
I wonder if he would be willing to yield to a few ques- nized.
tions.
REV. RIGOS. Madam President, I think we are overly
we read every now and then. It is
sensitive to the reports
MR. SARMIENTO. Gladly, Commissioner Maambong. not uncommon anymore to read news items about the
Con-Com that are simply not true and we are spending
THE PRESIDENT. Commissioner Maambong may a lot of time trying to get the entire Commission to
proceed. correct whatever misinformation has been written about
us. Probably, it will be better to just call the attention
MR. MAAMBONG. Commissioner Sarmiento men- of our Committee that has something to do with this to
tioned a situation wherein the integrity of the Consti- make the necessary correction instead of us bringing the
tutional Commission has been slandered or assailed. matter before the entire body everytime there is an
Would the Commissioner give some recommendations inaccurate news article. This is just a suggestion. Madam
to how we President.
as can counter this kind of slanderous
reports?
MR. SARMIENTO. I suggest that the Committee on MR. CALDERON. Madam President.
Public Relations make representations with the authors
of these newspaper items. We were given a list of news- THE PRESIDENT. The Assistant Floor Leader is
papermen think that Commit-

just this afternoon. So, I recognized.
tee should make representations with those newsmen
about the reports that should be published in the MR. CALDERON. May I request the Chair to recog-
papers. nize Commissioner Guingona.
.
THE PRESIDENT. Commissioner Guingona is recog- ends, which we have to do because we work here from
nized. Mondays to Fridays. They need not hold their sessions
the whole day. They can hold these in the evenings.
MR. GUINGONA. Thank you, Madam President. There will be no expenses as far as the Commission is
concerned. The participants who are in the locality
I would like to invite the attention of the honorable
could perhaps even walk to the site of the session, and
Members of this body to the observations made, which I
the people need not talk to some Commissioners who
think would affect the sufficiency and integrity of our
may not even understand their dialects.
proceedings. I refer to the observations made in the
column of Mr. Miguel Genovea that appeared in the And so, Madam President, I would like to reiterate
Philippine Daily Express yesterday. With the President’s the motion that I had earlier presented, but which I
pennission, I shall read portions thereof: have to withdraw because, as correctly pointed out at
that time, the motion was untimely presented. There
... As appointive Members, they suffer from the disad-
was an untimely presentation because we had not yet
vantage of having less contact with the people for whom on public hearings.
started our deliberations
they are writing a new charter. Elective delegates, on the
May I now present my motion. Madam President.
other hand, ensure that they have a feel of the public pulse.
To make up for such disadvantage, the Con-Com mem- THE PRESIDENT. The Commissioner may proceed.
bers should similarly gauge the public pulse by sponsoring

groups, like the MR. GUINGONA. I move that the Commission, thru
opinion surveys or encouraging civic
the honorable President, the assistance and
solicit
Rotary, Jaycees and Lions Clubs to conduct mini-referenda
cooperation of prestigious civic, professional, religious
on constitutional issues. True, the Con-Com is conducting
and responsible organizations with nationwide network
weekend public hearings, but these are hardly sufficient to
the National
determine mass sentiment. such as the Rotary, the Jaycees, the Lions,
provincial con-
Press Club, either by itself or thru its
With the time constraints, there is no guarantee now that
Philippines and other
tacts, the Integrated Bar of the
the Con-Com, unless really determines the feelings of the faculty,
professional organizations like labor, students,
it
governed, runs the risk of putting out a half-baked Consti- to their clubs and
religious groups and others to appeal
tution. minireferenda, particularly out-
local units to conduct
honorable Members of this side of Metro Manila, within two weeks and to submit to
Madam President, the
had expressed the same this Commission summarized
reports on constitutional
Commission will recall that I
minireferenda on or
view when I tried to present a motion during the early proposals gathered during such
special ad hoc commit-
days of our proceedings for us to seek the cooperation before July 12, 1986; and that a
composed of Members of this Commission be
and assistance of prestigious and responsible organiza- tee
with the task ot
tions which have nationwide clubs or units to conduct created by the honorable President
collating, and summarizing
the reports
minireferenda with the people in their respective locali- classifying,
either in plenary
ties regarding constitutional proposals and to
subse- received and to present its report
quently provide us with summarized reports of
such session or in writing on July 21
concern
proposals. Mr. Genovea and I share the same Thank you. Madam President.
that if we limit our exposure to the inputs that we will
that
receive from the public hearings, we will not be able to THE PRESIDENT. Does the Chair understand
again
gather sufficient materials to determine mass sentiment Commissioner Guingona’s motion will
Commission/ In otner
and we will run the risk of putting out what Mr. Geno- delay the timetable of this
°
vea refers to as a “half-baked constitution,” an
eventual- words, already delayed our calendar
we have
our the Chair
ity which would reflect adversely on the integrity of the results of the public hearings. Does
for the results o
proceedings. stand that we will have to wait again
over by these civic
the referenda that will be taken
Going over the final schedules of the public hearings not be able to
to July organizations? In other words, we will
outside of Metro Manila for the periods June 21 them?
apparent inadequacy of such discuss the reports until we receive
13, we note the very
public hearings our collective desire to
relative to
do not MR. GUINGONA. No, Madam President, these
adequately feel the public pulse. In saying this, I the way we envision
of the public reports will be supplementary and
intend to lay any blame on the planners the J«ne tha
work, them, they will be coming in from
hearings. I believe they have done an excellent on u y
minireferenda will be held and that
is
considering the time and other constraints.
However,
even as early as
the schedules show that we have only allowed one site means that we can receive reports
date set for our
for one province. Examples are Malolos for Bulacan, week from now or before July 13, the
out-of-town public hearing.
Lipa City for Batangas, and so forth, and that only two- last
thirds of the provinces have been covered. The ad-

all
committee reports are sup-
vantages of the so-called minireferenda would be,
THE PRESIDENT. The
among others: The organizers need not wait for week- posed to be submitted by July 7.
MR. GUINGONA. Yes, Madam President. THE PRESIDENT. So the motion now before the
body is that the period of sponsorship and debate on
THE PRESIDENT. Is there any comment? Committee Report No. 4 be terminated.
MR. SUAREZ. Madam President, may I be recog-
BISHOP BACANI. I wish to object to the resolution nized?
proposed by Commissioner Guingona due to the follow-
ing reasons: First, the Commissioners who want to en-
nized.
gage in such minireferenda can do that on their own
private initiative. Second, it would only be duplicating
the work of the public hearings to which these people
MR. SUAREZ. I have only one question addressed
who were supposed to be invited can come anyway. to Commissioner Bengzon.
Hence, I object to the resolution.
THE PRESIDENT. The Commissioner may proceed.
VIVA VOCE
MR. SUAREZ. Commissioner Bengzon is proposing
THE PRESIDENT. Are there any other comments? to terminate the period of sponsorship and debate. Is the
Are we ready to vote on the motion of Commissioner Commissioner precluding the period for filing, for
Guingona? voicing out opposition to the sponsorship?
As many as are in favor of the motion, say yea.
MR. BENGZON. We agreed last that we would go
FEW MEMBERS. Yea. into the period of sponsorship and debate without
amendments.
THE PRESIDENT. As many as are against, say nay.
MR. SUAREZ. Yes, but we did not deny the Mem-
SEVERAL MEMBERS. Nay. bers the right to file or object to the proposed resolu-
tion.
THE PRESIDENT. The nays have it; the motion is
lost. MR. BENGZON. Therefore, if there are Commis-
sioners who want to speak against the committee report,
MR. CALDERON. Madam President. then I am certainly going to suspend my motion.
THE PRESIDENT. The Assistant Floor Leader is MR. SUAREZ. Thank you.
recognized.
We want to be sure that those who want to speak
just
MR. CALDERON. I move to terminate the freewheel- against the resolution are free to do so.
ing debate on citizenship because this has been suffi-
ciently debated. SUSPENSION OF SESSION
THE PRESIDENT. Is there any objection to the THE PRESIDENT. The session is suspended.
motion to terminate the period of sponsorship and It was 6:02 p.m.
debate?
nized. THE PRESIDENT. The session is resumed.
MR. BENGZON. May I just remind the Assistant MR. BENGZON. Madam President.
Floor Leader that Committee Report No. 4 on Citizen-
ship is already in the period of sponsorship and debate. THE PRESIDENT. Commissioner Bengzon is recog-
It isno longer on freewheeling discussion. So, with the nized.
permission of the Assistant Floor Leader, I would like
to propose that the motion be to terminate the period MR. BENGZON. Madam President, no one has
of sponsorship and debate on Committee Report No. 4 registered today for the turno en contra with respect to
on Citizenship to pave the way for another motion for Committee No. 4 submitted by the Committee on
the discussion of the committee report on national Citizenship, Bill of Rights, Political Rights and Obliga-
territory. tions and Human Rights. On this basis, we assume that
nobody wants to go into that period. Hence, I would
MR. CALDERON. Yes, I am agreeable to what the like to find out now if there is anyone who wants to
Chairman of the Steering Committee has proposed. take advantage of this particular period of turno en
contra. If thereis none, then I would like to move that RESOLUTION TO PROVIDE AN AMENDED PROVISION
the period of sponsorship, interpellations, and period of ON NATIONAL TERRITORY IN THE CONSTITUTION,
turno en contra with respect to Committee Report
No. 4 be terminated. Proposed Resolution No. 141, introduced by Hon. Tingson,
entitled:
THE PRESIDENT. Is there anyone who would like to
availof the turno en contra with respect to Committee
TUTION AN ARTICLE ON NATIONAL TERRITORY,
Report No. 4?
has considered the same and has the honor to report them back
there any objection then to the motion of Commis-
Is
to the Constitutional Commission of 1986 with the recom-
sioner Bengzon to terminate the period of sponsorship
mendation that attached Proposed Resolution No. 263, prepared
and debate on Committee Report No. 4? (Silence)
by the Committee, entitled:
CONSIDERATION OF PROPOSED RESOLUTION TUTION AN ARTICLE ON NATIONAL TERRITORY,
NO. 263 be approved in substitution of Proposed Resolution Nos. 6, 27,
(Article on the National Territory) 136 and 141 with Honorable Davide, Jr., NoUedo, Tingson,
Rosales, Aquino, Rosario Braid, Quesada and VUlegas as authors.
Hon. Decoroso R. Rosales
(Sgd.)
MR. BENGZON. I move we
consider Committee
that
Chairman
Report No. 3 on Proposed Resolution No. 263 as
Committee on Preamble, National Territory
reported out by the Committee on Preamble, National
and Declaration of Principles
Territory and Declaration of Principles.
PROPOSED RESOLUTION NO. 263

Is
(Substitute Resolution)
Consideration of Proposed Resolution No. 263 is now RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
in order. With the permission of the body, the Secreta- TUTION AN ARTICLE ON NATIONAL TERRITORY
ry-General will read only the title of the proposed
Resolved, as it is hereby resolved by the Constitutional Com-
resolution without prejudice to inserting in the Record
mission in session assembled:
the whole text thereof.
To incorporate in the new Constitution the foUowing provision:
THE SECRETARY-GENERAL. Proposed Resolution
No. 263, entitled: ARTICLE I
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- THE NATIONAL TERRITORY
TUTION AN ARTICLE ON NATIONAL TERRITORY. SECTION 1 . The national territory comprises the PhUippine
archipelago, with aU the islands and waters embraced therein, and
(The following is the whole text of the substitute resolution aU other territories belonging to the PhUippines by historic right
per C.R. No. 3.) or legal title, including the territorial sea, the air space, the sub-
soU, the sea-bed, the insular shelves, and the other submarine
COMMITTEE REPORT NO. 3 areas over which the Philippines has sovereignty or jurisdiction.
The waters around, between and connecting the islands of the
The Committee on Preamble, National Territory and Declara- archipelago, irrespective of their breadth and dimensions, form
tion of Principles to which was referred Proposed Resolution part of the internal waters of the Philippines. Sovereignty or
No. 6, introduced by Hon. Davide Jr., entitled: of the PhUippines shaU also extend to straits connect-
jurisdiction
ing these waters with the economic zone provided for in the
Convention on the Law of the Sea.
TUTION AN ARTICLE ON NATIONAL TERRITORY TO
ENSURE THE SOVEREIGNTY OF THE REPUBLIC
OVER SEAS RECOGNIZED BY THE 1982 UNITED
NATION’S CONVENTION ON THE LAW OF THE SEA,
Proposed Resolution No. 27, introduced by Hon. NoUedo, recognized.

entitled:
MR. CALDERON. Before we go to the discussion on
RESOLUTION PROVIDING FOR THE RESOLUTION OF National Territory, may I
the Proposed Resolution on
THE SABAH ISSUE IN THE TRANSITORY PROVI-
request the Chair to recognize Commissioner Tingson.
SIONS,
Proposed Resolution No. 136, introduced by Hon. NoUedo, THE PRESIDENT. Commissioner Tingzon is recog-
entitled: nized.
MR. TINGSON. Madam President, this is a small SPONSORSHIP SPEECH

matter but it is very important to me. I rise with the in- OF COMMISSIONER NOLLEDO
tention of making an amendment to the resolution I
have filed respecting the presence of United States MR. NOLLEDO. Thank you. Madam President.
military bases in the country. While I was discussing this I stand to sponsor Committee Report No. 3 on the
Resolution No. 268 with my staff, there were several definition of the national territory which was the
options available to this humble Representation. We had product of an extensive discussion among the members
ranged these options between two extremes with my of the Committee on Preamble, National Territory, and
intention of choosing one more closely akin to the an- Declaration of Principles chaired by Commissioner
nounced position of our present government but not Decoroso Rosales. The Committee had the honor of
any one of the extreme positions. listening to the enlightening remarks of Ambassador
Juan Arreglado and the officials of the Bureau of Coast
With the permission of the Chair and due to an inad-
and Geodetic Survey.
vertence, I should want to correct a portion of this
resolution. I move that page 2, lines 2, 3 and 4 of Reso- Your committee consolidation of the
report is a
lution No. 268 should read: PROVIDED, HOWEVER, resolutions of Commissioners Davide, Tingson and
THAT THE LEASE ON THOSE BASES EXTENDA- Nolledo. This Committee decided to adopt the defini-
BLE FROM ONE PERIOD TO ANOTHER UPON THE tion of the national territory as set forth in the 1973
CONCURRENCE OF THE PARTIES SHALL BE Constitution with slight modification, taking into
BASED ON JUSTICE, THE HISTORICAL AMITY OF account the economic zone now recognized by the Law
THE PEOPLES OF THE PHILIPPINES AND THE of the Sea of 1982. The recommended definition reads
UNITED STATES AND THEIR COMMON DEFENSE as follows:
INTEREST. ARTICLE I
THE NATIONAL TERRITORY
This is just to make it very clear. Madam President,
SECTION 1 . The national territory comprises the Phihp-
because some are making snide remarks against this
pine archipelago, with aU the islands and waters embraced
humble Representation. I want the following words to
therein, and aU other territories belonging to the Philippines
be deleted because this was not my intention: “Re-
by historic right or legal title, including the territorial sea,
solved further that the lease for these military bases be
the air space, the subsoil, the sea-bed, the insular shelves, and
extended for another one hundred years from the date
the other submarine areas over which the Philippines has
of the adoption of the new Constitution.”
sovereignty or jurisdiction. The waters around, between
Madam President, that is far from my thinking. I am and connecting the islands of the archipelago, irrespective
issue. May
not naive on this repeat then that in lieu of
I of their breadth and dimensions, form part of the internal
PROVIDED, HOWEVER, THAT THE
that it should be: waters of the Philippines.
LEASE ON THOSE BASES EXTENDABLE FROM Then I continue; this is the addition:
ONE PERIOD TO ANOTHER UPON THE CONCUR-
SOVEREIGNTY OR JURISDICTION OF THE PHILIP-
RENCE OF THE PARTIES SHALL BE BASED ON
PINES SHALL ALSO EXTEND TO STRAITS CONNECT-
JUSTICE, THE HISTORICAL AMITY OF THE PEO-
ING THESE WATERS WITH THE ECONOMIC ZONE
PLES OF THE PHILIPPINES AND THE UNITED PROVIDED FOR IN THE CONVENTION ON THE LAW
STATES AND THEIR COMMON DEFENSE IN- OF THE SEA.
TEREST.
The definition ends there. The above definition.
I will appreciate it very much if the President will Madam President andbeloved colleagues in this
my
help me correct this. Commission, was actually an amended provision on
national territory as found in the 1935 Constitution. In
THE PRESIDENT. Is there any objection to the this old definition, our national territory comprised the
motion of Commissioner Tingson? (Silence) The Chair following: 1) all territories ceded to the United States
hears none; let the proper correction be made. by the Treaty of Paris concluded between the United
States and Spain on December 10, 1898; 2) all islands
embraced in the treaty concluded in Washington be-
tween the United States and Spain on December 7,
1900, and these were: Cagayan, Sulu and the Sibutu
THE PRESIDENT. The Assistant Floor Leader is groups which were omitted in the Treaty of Paris; 3) all
recognized. islands embraced in the treaty concluded between the
United States and Great Britain on January 2, 1930, and
these were: the Turtle Islands and the Mangsee Islands;
MR. CALDERON. May I call on Commissioner
and 4) all other territories over which the present govern-
Nolledo.
ment of the Philippines exercises jurisdiction.
THE PRESIDENT. Commissioner Nolledo is recog- The 1973 definition of our national territory. Madam
nized to sponsor the committee report. President, adopted in toto by the Committee with
addition, contains the following: 1) reference of the silica used in the manufacture of our glasses. It is
Philippine archipelago as comprising the national territo- precisely the richness of the sea that makes the eyes
ry, and the word “archipelago” was used to project the of selfish powers bulge with condemnable envy and
archipelagic principle; 2) reference to specific areas engulf them with the desire for territorial aggrandize-
suggestive of the air and undersea world within the juris- ment.
diction and sovereignty of the Philippines. Thus, the use According to Reverend Father Bernas, Philippine
of the words “territorial sea, air space, subsoil, seabed, territory may be roughly divided into three groups:
insular shelves, and other submarine areas”; and 3) the 1) the Philippine archipelago; 2) other territories be-
statement that all the other territories belonging to the longing to the Philippines; 3) Philippine waters, air space
Philippines by historic right or legal title. So, we did not and submarine areas. According to him, our territory
refer anymore to the Treaty of Paris, the Treaty in has a horizontal reach consisting of land and water, an
Washington, etc., in the 1973 or 1986 definition. upward reach consisting of air space over the land and
The Philippines, Madam President, is justifiably waters and a downward reach consisting of submarine
jealous of its waters. We have fought for the adoption areas.
of the archipelagic principle in various conferences on Madam President, the definition of our territory
the Law of the Sea, and for many years this principle symbolizes our national unity and asserts the territorial
has met serious resistance from the world powers par- integrity of the Republic of the Philippines.
ticularly Japan and even the United States. The previous
Thank you.
conferences resulted in a stalemate. Our fight for this
principle culminated in the Convention on the Law of I am ready to entertain questions.
the Sea signed at Jamaica on December 10, 1982.
With the permission of my beloved colleagues, I
would like to underscore the importance of the sea to Floor Leader is

mankind. I quote the observations of former Foreign
THE PRESIDENT. The Assistant
recognized.
Minister of Singapore, Sinnathamby Rajaratnam. He
said: request that Commissioner
MR. CALDERON. May I
Undoubtedly, the sea may be tomorrow’s economic Ople be given the floor?
frontier and a possible source for as many conflicts as the
Commissioner Dple is recognized.
up of the earth’s surface generated since mankind’s history. THE PRESIDENT.
Hitherto, the ocean has remained for the most part a no-
MR. OPLE. Thank you. Madam
President.
man’s-land; and, therefore, all-men’s-land simply because
mankind had not the means to and occupy sponsor yield to a few ques-
effectively seize Will the distinguished
the sea. Today, many nations have the means or think they tions?
have. Mankind is turning towards the sea again to possibly
reproduce all the foolishness and madness entailed in curb- MR. NOLLEDO. Certainly, with pleasure.
ing up the land. The trade routes that link nations are still
very much.
primarily by Marine transport accounts for 78 percent
sea. MR. OPLE. Thank you
of the physical volume of foreign trade and 68 percent of presentation which is
Ihave noted the historical
the freight in terms of cost. Sea transport is still the cheap- evolution of the definition of
ther thorough, of the
est form of transport and is likely to remain so with the
e national territory in
the Constitution since 1935.
development of supertankers and containerization. that in the 1935 Const.tufion
oe. he sponL confirm
With the kindest indulgence of my beloved colleagues, of the Philippmes comprised
e territorial jurisdiction
I would like to recall what I said in my speech in the ily those areas that
were ceded to the United States by
that subsequently
1971 Constitutional Convention to oppose the motion >a^n in the Treaty of Paris and those
territory as a resul
of the late Voltaire Garcia to delete the definition of the jre incorporated in the Philippine
national territory in the Constitution. I said that if we, the treaty between
the United States and rea
archipelago? Is that
as we said in our Preamble, are concerned with the pre- itain, but without
the Batanes
servation and development of our national patrimony, rrect?
we must, by constitutional mandate, define that patri-
correct.
mony. We do not talk only of our natural resources on MR. NOLLEDO. That is
land; we have to protect as well our vast resources in the

sea, for the wealth of the sea is enormous. The sea yields
the great variety of fish that forms part of our diet. The
sea is a source of minerals, like petroleum. It is a source
of pearls that may win human hearts. It is a source of lingering ambiguity
cobalt that gives power. It gives forth seaweeds that » .hafaiy ktd of
of the Philipp.nes was
bring forth iodine. It produces salt that makes our food oit the Batanes Islands as part
tasty. It provides us with ever continuous supply of ereby conclusively resolved.
MR. NOLLEDO. Will the Commissioner proceed? claim and over which there was some contemplation
Even under the 1935 Constitution, Batanes, which that in the future a claim could be filed?
was excluded in the Treaty of Paris, in the Treaty of
Washington and the treaty between the United States MR. NOLLEDO. Before I answer the question of
and Great Britain, could fall under the category of all Commissionei Ople, I would like to make some com-
other territories over which the present government of ments on his previous statements. In fairness to the late
the Philippines exercises jurisdiction. Delegate Eduardo Quintero and the many witnesses who
appeared before our committee, particularly Ambas-
Under the 1973 Constitution, it could fall under sador Arreglado and Dr. Domingo Abella, I think there
either historic right or legal title — historic right because
was no interference by any outside power in the for-
from time immemorial, the Philippine government has mulation of the definition of national territory. I was
been exercising jurisdiction over the Batanes Islands; not a member of the committee, but I can say with all
and legal title because for a considerable length of time candidness that I attended all the meetings of the
or for a long period of time, the Philippine government
committee, except during the time when I was incar-
had acquired by occupation the right over the Batanes
cerated in Camp Crame.
Islands.

MR. OPLE. have no doubt in my own mind that the
I
Batanes Islands, even in Spanish times, had formed part MR. NOLLEDO. I proceed because
would like to I
of the territory of the Philippines. have not answered the Commissioner’s question yet. I
would like the Commissioner to know that when we

MR. NOLLEDO. That is correct. included the words “by historic right or legal title,” we
opened the avenue towards the pursuit of the Philippir*®
MR. OPLE. But this merely shows that, if we rely on claim over Sabah and Freedomland, including, possibly,
foreign treaties to define the limits of our territory, this Marianas Islands.
kind of dependence can be very risky, having had these
two treaties concerning the Philippine territory and a MR. OPLE. Marianas Islands in the Pacific?
third one concerning the small islands, known as the
Turtle Islands which were reverted to the Philippines MR. NOLLEDO. Iwould like to say that these were
during the Macapagal administration. It took the Philip- the three territories mentioned by Delegate Quintero in
pine Constitution framers to eliminate any iota of our committee hearings.
doubt that, indeed, the Batanes Islands belonged to
Philippine territory. MR. OPLE. Yes. And since 1973, the situation with
respect to our territory and our claims has been dyna-
We are talking of the evolution of the historical defi-
nition of national territory. I dispute what was uttered
mically developing. The Commissioner is undoubtedly
here yesterday that only one man wrote the 1973
aware of what happened in 1977 in Kuala Lumpur
during the summit of the Association of Southeast
Constitution, because I knew that the distinguished
Asian Nations.
Commissioner now at the podium helped write many
provisions in that Constitution, together with 10 other
MR. NOLLEDO. Bangkok and London.
colleagues that we now have in the Constitutional
Commission. Sum-
MR. OPLE. I am referring to the 1977 ASEAN
At any rate, what is new in the definition of national mit Meeting.
territory in the 1973 Constitution is the phrase “by
historic right or legal title.”
Presumably, this included MR. NOLLEDO. Yes.
not only the territories over which the Republic of the
Philippines exercised jurisdiction. It could pertain to MR. OPLE. At that time, if my memory does not fail
other territories over which the Philippines exercises no me, the distinguished colleague of ours now present in
jurisdiction. Does the Commissioner confirm that? this Commission was the Ambassador to Malaysia. And
by nodding head ever so slightly, Commissioner
his
MR. NOLLEDO. Presumably. Abubakar has confirmed that. And in that summit of
the ASEAN, the Philippine government, speaking thru
the incumbent President then, formally announced to
MR. OPLE. According to the Commissioner’s best
the other heads of state then assembled in Kuala
recollection when the 1971 Constitutional Convention
Lumpur and to the world the relinquishment of the
was deliberating on this definition —one might say the Sabah claim.
enhanced definition of our national territory especially
with the introduction of the new phrase “by historic MR. NOLLEDO. I am aware of that.
right or legal title” — was it the intention of the framers
then to include within the purview of this definition MR. OPLE. And is the Commissioner aware that the
territories over which the Philippines may have filed a reason for that action taken by the then President of the
Philippines was based on the attainment of a consensus year in what was then known as British North Borneo
in that government over time? I said “over time” or Sabah. Of course, they specified that they should be
because three Ministers of Foreign Affairs had recom- Ilocanos. At that time, the Ilocanos were not pre-
mended this — General Carlos P. Romulo, the most dominant in government. I thought they just wanted
recent . . . 10,000 Ilocanos a year. Later on, that agreement, even
before it could be implemented, was abrogated uni-
MR. NOLLEDO. The most notable. laterally by the British North Borneo side because they
started to hear reports that the Philippine government
MR. OPLE. The sponsor is probably right although would file a claim on Sabah.
Ambassador Pelaez may dispute that. A whole series of
Does the sponsor realize that had that agreement
foreign ministers of the Philippines from Pelaez to
materialized, 10,000 Filipino immigrant workers a
Tolentino to Romulo — or is that the wrong sequence —
year, not including their progeny, would have gone
had recommended that the Philippine government re- there, and we should by now be the majority in Sabah?
nounce the Sabah claim because it had become self-
defeating in terms of our national objectives. I have MR. NOLLEDO. I do realize.
dared to rephrase the arguments I heard from them
more recently by saying that the claim has turned into a MR. OPLE. Does the Commissioner realize that the
paradox in the sense that if we wanted to benefit from whole of Borneo Island comprising Sabah, Indonesia,
a close association with Sabah and with Malaysia, if that Sarawak and Indonesian Calimantan has a population of
is a goal because there are great complementarities in only 7,000,000 against Mindanao’s present population
labor and trade between the Philippines and that coun- Minda-
of 10,000,000 plus? Sabah is almost as large as
try, then, only the claim stands in the way to having than 1,000,000, Sarawak
nao, with a population of less
that objective realized. less’than a million; and the bigger part
of Borneo, Indo-
Calimantan, has only 5,000,000. The whole
course, I will not rehash the legal arguments. We
Of nesian
alone is
subscribed to self-determination as an important leader population of Borneo in relation to Mindanao
Mindanao, Tawi-Tawi, Sulu,
in the formation of the UN
Declaration on Human less than the people of
Rights. And, of course, in 1963, the United Nations Basilan and Palawan.
complementarT
conducted a referendum in Sabah at the behest of the Therefore, speaking of demographic
Philippines and Indonesia, who were then teamed up agree that Mindanao is
es, does the Commissioner
together in MAPHILINDO and whose relations with that the whole o
Iready getting overpopulated and
Malaysia had become adversary for some reasons we including Celebes
orneo plus the surrounding islands,
need not delve into. That referendum was conducted nd Moluccas belonging to Indonesia,
now constitute
and the people of Sabah overwhelmingly voted to be- le last major frontier of
Southeast Asia but are rapidly
opportunities for ex-
come part of the Federation of Malaysia that was being eveloping and offering major
the Philippines, espe-
formed that year. The Philippines and Indonesia sent hanges in labor and trade with
Is this not a very
impressive
observers. They made some feeble protests about the ially with Mindanao?
way conducted by the United people, especially for our
referendum was
the rospect for the Filipino
to benefi
Nations which made notes on the consciousness of luslim brothers who will stand
trade that will undoubtedly
mankind at that time. le synergy of labor and
between the Philippines
ring about closer association
The Commissioner aware that there are 140,000
is
Filipino refugees in Sabah. They all come from Minda-

nd Malaysia?
and the
nao, many of them from Cagayan de Sulu and from And, having in mind this background
finally,
since 1973 ^nd 1935 y m
Sulu. ,ents that have developed
the
know from the sponsor whether
The Commissioner is undoubtedly aware that these
reamble. National Territory,
and Declaration of Pn
people hardly know the grace of concern of the Philip- words “historic right or legal
pine government and that they have to function in an Ses, b; retaining the
provision, refers specifically
tie” in the territorial
atmosphere that is less than friendly, sometimes in-
hibitingly cold because of the Sabah claim.
May I report to the sponsor, if he will not begrudge me retaining the words “historic
MR NOLLEDO. By
a little time. specifically refer to
ht or legal title,” we did not
Sabah.
3 ah but the words
can cover our claim over
MR. NOLLEDO. Yes, please.
I would like to further explain,
President Marcos relinquished
our claim ove
MR. OPLE. When I was a Special Assistant to the it when vigorous
Sultan of Sulu raised
President during the time of Magsaysay, I was person- 3 ah, the heirs of the
because as I under-
ally involved in negotiating an agreement with the iection to the relinquishment,
- correct me if I am wrong -there are two
British North Borneo government which wanted an as- nd it
:ories or doctrines involved in our claim over Sabah.

sured supply of 10,000 Filipino immigrant workers a
the doctrine of imperium under which the state may MR. OPLE. Technically speaking — and I think the
claim on behalf of the heirs, and the doctrine of Bureau of Geodetic Survey must have informed the
dominion, referring to the claim of the heirs of the Committee — the present official name of this chain of
Sultan of Sulu themselves. islands belonging to the Republic of the Philippines is
So think in the resolution of our claim over Sabah,
I the Kalayaan Islands.
while the Philippine government may relinquish or
might have relinquished its claim over Sabah, we cannot MR. NOLLEDO. That is correct.
deny that there must be some basis for monetary claim

on the part of the heirs of the Sultan of Sulu. MR. OPLE. This is, of course, still misrepresented in
some international maps as part of the Spratley Archi-
pelago, which, of course, is very hotly disputed by
MR. OPLE. strongly support the position just taken
I
several powers, including . . .
by the Committee through the sponsor. In my mind, of

course, I am trying to segregate the private claims from
MR. NOLLEDO. South Vietnam.
the official government claim, and I also take the posi-
tion that under no circumstances should the private MR. OPLE. There is no longer a South Vietnam.
rights accruing to the heirs of the Sultan of Sulu be set Vietnam . . .
aside or emasculated.
And, happily, based on published reports, the author- MR. NOLLEDO. Yes, the former South Vietnam.
itative spokesmen of the Federation of Malaysia have
already said that they will be glad to honor the private MR. OPLE. Yes. Vietnam, China in Peking, and the
rights, although
the magnitudes will, of course, be Republic of China in Taiwan.
subject to negotiation. So the rights of the heirs of the
Sultan of Sulu should never be compromised. MR. NOLLEDO. Kampuchea also?
aware
MR. OPLE. Of course, the Commissioner
is
MR. NOLLEDO. Commissioner Ople does not

If that right there in the Kalayaan Islands we are cheek to
mind, I filed a resolution
authorizing the President of jowl with an island garrisoned by Vietnamese troops and
the Philippines, being the officer-in-charge of the con- another island called Itu Abba, a bigger island, garri-
duct of foreign relations, to resolve the Sabah issue, and soned by troops of the Republic of China in Taiwan.
that whatever resolution the President may arrive at
The Commissioner undoubtedly read a newspaper
should be given full respect.
report about a year ago, when a Philippine Air Force
plane must have been a Gung Ho pilot — flew very
—
MR. OPLE. Yes, but this is in relation to the inter- low and buzzed the Vietnamese garrison. It was re-
pretation and determination of the intent of the framer, ported that the garrison fired a few shots at the Philip-
beginning with the intent of the Committee, concerning pine Air Force plane, just to indicate the tensions exist-
the scope of the words “historic right or legal title” in ing in that part of the South China Sea where we have a
the territorial provision. If this arises from the Commis- group of five islands called Kalayaan, but which are sti
sion’s interpretationof the meaning of the phrase, then contested as part of the Spratley s by China, Taiwan and
I be wholeheartedly in support of it, leaving the
will Vietnam.
determination of the steps to be taken in this regard to The Commissioner undoubtedly is aware that we have
the hands of the Executive Department — the President
barangay governments already existing in the Kalayaan
of the Philippines, in particular, who is responsible for Islands.
foreign policy.
MR. NOLLEDO. lam aware.
MR. NOLLEDO. And Commissioner Ople has read MR. OPLE. That they under the jurisdiction of
if
fall
the Explanatory Note to my resolution, he will be the provincial government of Palawan.
happy to note that the
words indicate a suggestion to
the President to drop the Sabah claim. MR. NOLLEDO. I am aware. In fact, the Honorable
Mitra won there with the soldiers as voters.
MR. OPLE. I was not aware of that, but I certainly
look forward with relish to being able to see it after this
MR. OPLE. It is important to establish that the
interpellation.
Philippine government now exercises effective jurisdic-
tion over these islands, in the sense that we have mili-
I said that was going to be my last question, but I am tary garrisons, as well as a local civil government in these
sorry I have to refer to another territory which we now
places.
consider an organic part of the Philippine territory — I
refer to the Kalayaan Islands. MR. NOLLEDO. agree that we have effective juris-
I
diction, and that Kalayaan Islands should be considered

MR. NOLLEDO. The Freedomland. part and parcel of the Republic of the Philippines.
MR. OPLE. Thank you for that clarification, Com- MR. NOLLEDO. That is correct.
missioner Nolledo.
MR. ABUBAKAR. But in the treaty by which this
MR. NOLLEDO. Thank you. transfer was effected, sovereignty, as well as the physical
right to the territory of Sabah, was transferred by the
MR. ABUBAKAR. Madam President. Sultan of Sulu to the British government. That position
rather weakened the claim of the Philippines over the
THE PRESIDENT. Commissioner Abubakar is recog- territory. And when the claim was pushed through, we
nized. realized then that our position was not as strong as we
had conceived it.
MR. ABUBAKAR. Since this involves the discussion
In return, the heirs to the Sultanate of Sulu recog-
on of the Philippines, our defini-
territorial definition
nized that what has been transferred was not only the
tion, as it is, does not include the Sabah territory. The
physical possession over Sabah but also the right of
Sabah territory was turned over to a British commercial
sovereignty over it. Because of that concept, we feel
company whose right over the territory was, in turn,
that our right to push the claim and acquire sovereignty
transferred to the British government.
over Sabah is weak and, therefore, we allow the heirs of
There was for a while a certain misunderstanding as the Sultan of Sulu to continue the negotiation with
to the true nature of this transfer, as well as the claim respect to property rights so as to enable them to ask
of the Philippines, not of its own right bpt of the right for an increase in the yearly rental for which Sabah
was
of the Sultan of Sulu to lease the territory of Sabah to acquired with the agreement of Overbeck and the Sultan
two As a result of this lease, the
British merchants. of Sulu.
British acquired the right to develop the territory and
That is settled. That is why we have not pursued our
lorded over it. But the Sultan of Sulu signed the Lease of
claim. was one of those involved in the acquisition
I
Contract which was a perpetual lease — in the inter- pand-
Sabah. Angking and Sangkalang were my
great
pretation of both the British and the Sultan of Sulu was acquired Sabah, not
fathers. They were the ones who
practically a secession of the territory to the British
the Sultanate of Sulu.
North Borneo government from which the British
Government acquired the right. As a result of these a claim of the
MR NOLLEDO. When Macapagal filed
Constitution of
negotiations and claim of the Philippines, friction •hilippinesover Sabah, the 1973
arose between the government of Sabah and the Philip- ourse, was not yet existing.
During the Bangkok Con-
pine government. Even the people of Sabah — a portion the Philippine
erence and the London Conference,
of which are Filipinos — did not favor the issue of the they said there
overnment was embarrassed because
Philippines claiming the territory. whatsoever to support such claim.
/as no indication
as appearing in the
The definition of the territory
MR. NOLLEDO. I would like Commissioner Abuba- the Commissioners
kar to know that a perpetual lease was entered into 935 Constitution will support ®
why we
through the intercession of two British, Gustavus Baron laim and that was the reason
the 1971 Cons^^^^^^^
de Overbeck and Alfred Dent, and there would have :ommittee on National Territory
to put the words h tone
ional Convention’s need
been no problem if the rental had been paid contin- order to constitute a basis
for
ight or legal title” in
uously.
claim.
egotiation over the Sabah
When Sabah was transferred to the U.S. government,
the perpetual lease was questioned by the heirs of the MR. ABUBAKAR. Yes. Even if
Sultan of Sulu because the British government stopped .{ historic right will
lead to "egotiatiom
paying the rent. That is why they felt aggrieved and con- government h“^"8ed.
osition of the Philippine
sidered the stoppage of payment of rent a violation of cordial relation
.rder to maintain the
for other reasons we have
the contract, because of which they felt that the con- nd Southern Philippines and
silence and by our ac
tract was rescinded. heady agreed, I think by our
I would
Philippine
Commissioner also to know that the
like the
government laid their claim upon Sabah
eptance, that we are not
aLh is, as embodied in the
pursuing
and not the

Constrt^
Philippines.
^
under the doctrine of imperium — the theory derived lalaysia, a part of Malaysia
from the principle of sovereignty. The Philippine

find very good friends of Malaysia
government has no property rights over Sabah, and MR. NOLLEDO. I
because the heirs of the Sultan of Sulu are Filipino n this Commission.
citizens, thegovernment protects their rights, specifically the
that
their property rights or claims over Sabah. MR. ABUBAKAR. I regret
owards end has not only

this
^ 7 the heirs
the right
°
h®';" of
MR. ABUBAKAR. I understand that very clearly. It hilippine claim but affected
possessio
isnot only a question of property right, but sovereignty he Sultan of Sulu towards claiming
over Sabah as well. erritory.
MR. NOLLEDO. Thank you, Commissioner. Madam President, I leave it to this body to pass
judgment on the action of the 1971 Constitutional Con-
MR. ABUBAKAR. Thank you. vention on this question. But no matter how that judg-
ment might turn out to be, one thing is certain — our
MR. RAMA. Madam President. reluctance to drop the Sabah claim altogether is the big-
gest single obstacle to the achievement of a harmonious
THE PRESIDENT. The Floor Leader is recognized. and mutually beneficial relationship between the people
of Malaysia and ours. The trade between our Filipino
MR. RAMA. I ask that Commissioner Tingson be brothers in the South and the people of Borneo, once a
recognized. voluminous, brisk and profitable undertaking, has
slumped over the years by reason of this continuing and
THE PRESIDENT. Commissioner Tingson is recog- festering irritant. By a constitutional act, we have placed
nized. those regions on a shaky footing and destabilized its
once sanguine prospects of regional prosperity. By
MR. TINGSON. Madam President, I rise to address a undermining that trade route, so traditional and basic to
question which, to some Filipinos, has touched then- the economic and social stability of our southern
national pride, if not indeed their national right. This is provinces, we have likewise put in question our ability
the question of Sabah - whether or not it should rightly in the future to hold those provinces together under our
belong to the Philippines as part of its national territory, government.
and to the Filipino people as a parcel of their national Madam President, it has become distinctly clear that
patrimony. Would I be allowed to proceed? instincts to survive and to
drawn by our
\y 0 are being
prosper into regional cooperation and into the world
THE PRESIDENT. Does the Commissioner desire to of nations. Whereas in the past our world revolved
interpellate the sponsor, or would he want to make his merely around the special relationship that we had
own sponsorship speech? enjoyed with the United States of America, the impera-
tives now should compel us not only to look
farther,
MR. TINGSON. Madam President, I am a member of but Our future is bound irrevocably with
also nearer.
Asia.
this Committee and I specifically requested that I make
the collective prospects of the nations in Southeast
a little exception to These existing relationships, however, demand of us a
our report.
greater sensitivity to the rights and feelings of neighbor-
MR. NOLLEDO. Madam ing countries.

President, may I transfer my
right to speak on When we became a part of the larger community
of
this report to Commissioner Tingson.
nations, the inevitable result had to be that our rights
THE PRESIDENT. Commissioner must be bent to conform with the “generally accepted
Tingson may pro-
ceed. principles of international law.”
Thus we say in Section 3, Article II of our 1973

MR. TINGSON. Thank you, Madam President. Constitution:
I have often wondered if all the people who have The Philippines adopts the generally accepted prin-
. . .
anything to say on this question, for or against it, have ciples of international law as part of the law of the land,
gotten hold of the sense that our so-called Sabah claim and adheres to the policy of peace, equality, justice, free-
is nothing more than the private
claim of the Sultan dom, cooperation, and amity with all nations.
of Sulu over Sabah itself. But by the action of the 1971 Madam President and colleagues, I submit that the
Constitutional Convention of which I was a humble right to self-determination by a people is an honored
Member, the provisions of the 1935 Constitution were principle of international law. Upon this principle we
revised by expanding their application to accommodate
have based our own sovereign will to establish a new
the private legal claim of the Sultan of Sulu. While we
government. Based on this same principle, the 64-dollar
did not specifically claim Sabah right there and then to
question, however, is this: Do the people of Sabah have
be a part of our national territory, we made our inten- the right to self-determination? Granting the Sultan of
tions clear in the 1973 Constitution to pursue the claim, Sulu has a valid legal claim to that territory, do the
or at the very least, leave open the door to its pursuance. people of Sabah by living in that territory since time out
Now it has become a vexing question: Were we wise of mind acquire a right to that territory superior even to
and prudent to have put behind the claim of the Sultan the claims of the Sulu Sultan?
of Sulu a national policy enshrined in the Constitution Madam President, I submit that the land itself cannot
no less? Did it serve our national interest to tinker with supersede the right of any people to self-determination.
our Constitution to accommodate the private legal claim For, indeed, if the right to the ownership of land is
of a Filipino citizen over a piece of real estate lying out- supreme over people’s rights to self-government, then I
side the territorial limits of this nation and state when it should say that even land reform in the Philippines
became independent on July 4, 1946? would be impossible to implement. But the moral be-
hind land reform precisely is the belief that the people MR. NOLLEDO. I am through with my sponsorship
are more important than the land. In biblical terms, we speech. I think the period of interpellation going
is still
say that the sabbath was made for man, and not man for on.
the sabbath. Land was created for man and not the
reverse. The people of Sabah have lived and died in MS. QUESADA. Does Commissioner Nolledo adopt
Sabah since time immemorial antedating by a long and the position just expressed by Commissioner Tingson?
undeterminable period the claims of the Sultan of Sulu.
It seems but commonsensical that where their destiny MR. NOLLEDO. I said to Commissioner Ople that I
was concerned, they should have the right to determine filed a resolutionauthorizing the President of the Philip-
it for themselves, and determine it they did. In 1963 pines to resolve the Sabah issue. I am not in favor of the
when the British were proposing to launch the Federa- immediate dropping of the Sabah claim. Let us rely on
tion of Malaysia, a United Nations Mission visited Sabah the President because her office is in charge of the con-
to determine the people’s opinion there. Over the mild duct of foreign relations. So I do not necessarily adopt
protest of the Filipino observers, the mission deter- the views of Commissioner Tingson.
mined that the people of Sabah wanted to form part of
the presumptive federation.
MS. QUESADA. Yes, because the position of the
Madam President, how can this nation in conscience Committee of which I am a member — as I recall — was
claim ownership over a piece of land that it has never that we were not going to give up the Sabah claim, and
effectively occupied and governed at any time in his- that we were going to retain just the historic and legal
right to We did not discuss at all this particular
tory, from the time was ceded by the Sultan of Brunei
it it.
position of Commissioner Tingson in our Committee

to the Sultan of Sulu some 280 years ago?
deliberations.
My colleagues, our own
quest for independence span-
ning centuries in time was never based on any legal right
MR. NOLLEDO. Commissioner Tingson may react to
or title over the islands of our beloved country. This we
that observation.
did not have. Rather, our quest was based upon what we
have long perceived to be our national identity, a
MR. TINGSON. Madam President, the records of our
nationhood that we held to be superior to the claims of specifica y
We Committee meetings would show that I
foreigners. were willing to fight for this right, and we contrary opmion
did fight against three waves of imperial powers. asked to be given a chance to voice a
Saba o
on this particular question of the claim over
.
thought the Committee allowed me to do

that.
There is absolutely no reason for us to believe that
the people of Sabah do not feel a nationalistic senti-
ment. For us to override their sentiment is to compel THE PRESIDENT. The Chair would like to clarify
our people to commit a wrong against which they have to be confused.
the situation because we do not want
struggled. Must this nation, first in Asia to revolt against the position ot
We just wanted to be sure that we got
colonialism, perpetuate a colonial policy against an report that i
the Committee correctly in this
unwilling neighbor?
posing the adoption of the same
Provision in the ly /^
Cnnstitiition in this new Constitution. Is that correct.
Our heroes in the past did not spill their blood for
Sabah. The sad muses did not visit our cantors of libera-
with a Wtle
tion to sing the plaintive song for the freedom of Sabah. MR. NOLLEDO. Yes, Madam President,
provision.
Sabah is alien to our national consciousness, a land addition - the last sentence of the proposed
beyond the compass of our national soul. By giving up
Sabah, we do not lose so much of a legal claim as we THE PRESIDENT. The statement of Commissioner
on t e repor
gain a friend; the good people of Malaysia. Tingson is a dissenting vote or opinion
Thank you. Madam President. the Committee. Is that right?
Tingson made a
MS. QUESADA. Madam President. MR. NQLLEDQ. No, Commissioner
issue, so ere
reservation to speak on the Sabah
note ot that.
THE PRESIDENT. Commissioner Quesada is recog- no objection, the Committee took
nized.
Tingson not
THE PRESIDENT. Did Commissioner
MS. QUESADA. Parliamentary inquiry, Madam Pres- /ote against this committee report?
ident. I would like to ask Commissioner Tingson if that
did not vote against
it.
was another sponsorship speech and we are now through MR. NOLLEDO. No, he
with the sponsorship speech of our Committee. ’
THE PRESIDENT. Just a moment,

recognize
f
THE PRESIDENT. Will Commissioner Nolledo sioner de los Reyes desire to be
answer that particular question? Gentleman going to interpellate?
MR. DE LOS REYES. Yes, Madam President. I would MR. DE LOS REYES. Suppose we exclude the words
like to ask the distinguished sponsor a few clarificatory “including the territorial sea, the air space, the subsoil,
questions. the sea-bed, the insular shelves,” would that, in any
way, diminish the territory of our country?
THE PRESIDENT. Commissioner Nolledo may yield,
if he so desires. MR. NOLLEDO. I think so, because when we say
“insular shelves” . . .
MR. NOLLEDO. Willingly, Madam President.

MR. DE LOS REYES. No, I am referring to the terri-
MR. DE LOS REYES. I recall very vividly that
during torial sea, the air space, the subsoil and the sea-bed.
the 1971 Constitutional Convention, upon motion of
then Delegate Azcuna, now Commissioner Azcuna, the MR. NOLLEDO. What would the Commissioner like
phrase used in the Article on National Territory was to eliminate?
“continental shelves” and not “insular shelves.” But
after going through the process of styling, I suddenly
MR. DE LOS REYES. No, I am not asking that we
noticed that instead of “continental shelves,” we are
eliminate anything; I was just thinking, suppose we were
proposing “insular shelves.” Now, being a distinguished
to delete the words “territorial sea, the air space, the
law professor and author of law books, I think Commis-
subsoil, the sea-bed,” would that diminish the area of
sioner Nolledo might be able to give us a free lecture on
our territory? Or is it not a part of international law
what could be the difference between continental shelf
that the air space, the subsoil and the sea-bed are really
and insular shelf. I really do not know.
parts of the territory of a country?
MR. NOLLEDO. Thatis a technical question but I
will attempt to explain. Is Commissioner de los Reyes MR. NOLLEDO. would think so. I would still insist
I
referring to submarine areas? on my original answer in view of certain questionable

provisions of the Law of the Sea.
MR. DE LOS REYES. No, I am referring to this
these be?
provision that among those included within our territo- MR. DE LOS REYES. What would
ry are the “insular shelves.” But as I said, as I recall it -
and think Commissioner Azcuna will bear me out -the
I MR. NOLLEDO. cannot specify now. But Commis-
I
of the Batasang Pam-
original phrase used was “continental shelves.” I am
just sioner de los Reyes was a Member
wondering whether there is a difference between the bansa when that body ratified the
Law of the Sea m
enumerated several reserva-
two terms. 1982. Then MP Tolentino
tions or understandings authorized
by a certain section
the definition of
NOLLEDO. I would say so, because the term of the Law of the Sea, which included
Constitu-
“national territory” as set forth in the 1973
44 .
insular shelves” necessarily covers continental shelves.

A continental shelf
only one of the manifestations of
is
tion. Even the meaning of “internal waters became
insular shelves. I think the simplest explanation nebulous because the Convention on the Law of the
is: a
continental shelf is a certain area or zone coming from Sea mentioned the term “archipelagic waters. That is
or adjacent to an island, going downward with marked the reason why Ambassador Arreglado, appearing before
increased slope to greater depth zone and whose elonga- our Committee, asked us not to refer at all to the 1982
tion is unaltered like the doctrine of proximate cause,
Law of the Sea because it has manj provisions that may
where economic exploitation will be permitted on the prejudice in some way our Philippine territory.
part of the state, from where the continental shelf
begins. Continental shelf is a submerged portion of an MR. DE LOS REYES. I took no part in the ratifica-
island. tion of that Law of the Sea when I was a Member of the
Batasan.
MR. DE LOS REYES. How about insular shelves?
MR. NOLLEDO. It was ratified by the Batasang Pam-
MR. NOLLEDO. The term “insular shelf” necessarily bansa.
covers “continental shelf.” Insular shelves are not
elongated and there are some irregular areas not similar MR. DE LOS REYES. Did Ambassador Arreglado say
to those of continental shelves. That is what I under- that there should be no mention anymore of the Law of
stand. the Sea?
The Commissioner’s question, however, does noi, in
any way, As he
affect the substance of the definition. MR. NOLLEDO. Yes.
said, I should give this body a free lecture, but this
matter is beyond my competence. So, I am stating the MR. DE LOS REYES. And did the Commissioner
concept as a layman. agree with the ambassador?
MR. NOLLEDO. We did not fully agree because of necting these waters with the economic zone provided
the representations made by Commissioner Davide. That for in theConvention on the Law of the Sea. Is that not
is why we added the last sentence. superfluous?
MR. DE LOS REYES. Yes. And I am going to that MR. NOLLEDO. No, it is not superfluous. Let me
because I really am not knowledgeable about the mean- explain. If the Commissioner would read carefully the
ing of sovereignty or jurisdiction of the Philippines. technical words of the Law of the Sea, there are
questionable matters; such as, for example, the meaning
MR. NOLLEDO. The Commissioner can always of internal waters. According to former Senator Tolen-
consult the dictionary. tino — if the Commissioner does not mind, I would like
to read this to be sure:
MR. DE LOS REYES. But it says “SOVEREIGNTY Under our Constitution, the waters between and around
OR JURISDICTION OF THE PHILIPPINES SHALL the islands are called internal waters. The constitutional in-
also extend to STRAITS CONNECTING THESE ternal waters include both the archipelagic waters and the
WATERS WITH THE ECONOMIC ZONE xxx.” What is internal waters under the Convention.
this economic zone referred to? We want to learn,
we have That why Ambassador Arreglado said that the term
is
Madam President, because to explain this to the
“archipelagic waters” was recommended very strongly
people.
by Indonesia. The archipelagic appearance of Indonesia
is different from that of the Philippines. If we adopt
the
MR. NOLLEDO. Yes, that is a pertinent question.
pertinent provisions of the Law of the Sea, there is a
I would like the Commissioner to know the sub- possibility that innocent passage may be exercised
stantial provisions of the Law of the Sea which run like across our national internal waters because they can be
this: “The exclusive economic zone is an area beyond called archipelagic waters under the Convention. That
and adjacent to the territorial sea” and “shall not ex- was the reason Senator Tolentino had made several
tend beyond 200 nautical miles from the base lines reservations, called “Understandings,” before the
Con-
xxx.” A portion of Article 56 states that the coastal vention before he signed the Law of the Sea. In fact,
State has sovereign rights in the exclusive economic there were eight understandings, and one of them is,
and
zone to explore, manage and exploit all the natural I quote:
resources, living and nonliving, of the waters, the sea- any manner, affect the sover-
Such signing shall not, in
bed and its subsoil. According to Commissioner Davide, eign right of the Republic of the Phihppines as
successor of
this will expand our territory. out of the
the United States of America under and arising
States of
Treaty of Paris between Spain and the United
MR. DE LOS REYES. So the purpose of including Washing-
America of December 10, 1898, and the Treaty of
the last sentence referring to “STRAITS CONNECTING and Great
ton between the United States of America
THESE WATERS WITH THE ECONOMIC ZONE” is to
Britain of January 2. 1930. Such signing shall not, in any
expand our territorial jurisdiction? sovereignty of the Repub-

manner, impair or prejudice the
lic of the Philippines over any
territory over which it
Kalayaan
MR. NOLLEDO. Yes. exercises authority, including the
sovereign
Islands and the waters appurtenant thereto.
MR. DE LOS REYES. I see. What will be the effect
anything
of this expansion on the innocent passage of foreign MR. DE LOS REYES. I really do not know
Commissioner o e o
vessels through our waters? about this Law of the Sea which
the
is mentioning. I never participated in
was never discussed during
the Law of the Sea for it
MR. NOLLEDO. I think innocent passage is guaran-
now a er e
our time. Frankly, I am more confused
teed even before the Law of the Sea was formulated
ing the Commissioner’s explanation.
because it does not infringe on any provision of inter-
national law or, perhaps, because of extreme and im- Commissioner’s questions
MR. NOLLEDO. The
perative necessity to save human lives brought about by why the
ought about the confusion. That is
un caso fortuito or fortuitous event. It does not affect. i followed partially the recommendation
o rn
internal waters. It express re-
Innocent passage does not cover is
lor Arreglado that we should not
make any
Sea because there wi
permitted over the territorial sea. re
rence to the Law
of the
nfusion. Thus, in reading the Law
of the
MR. DE LOS REYES. My point is: This refers to the ve to read also the understandings ^ ^ These
the Law of t e ® •
Law of the Sea. Is that not already covered in the )lentino before he signed
a
Declaration of Principles? Expectedly, we will adopt iderstandings were considered when the
^
international law as part of the law of our country and, a of 1982 was by the Batasang
ratified
o se
therefore, there is no more need to state that our e ratification was dependent upon the
sovereignty or jurisdiction shall extend to straits con- other states of these understandings.
MR. DE LOS REYES. We will leave it at that. The MR. NOLLEDO. Not necessarily, because the reac-
definition starts with: “The national territory comprises tion was given by Voltaire Garcia. If the Com-
there
the Philippine archipelago.” According to Commissioner missioner will remember, he said that by using the
Nolledo, we use the word “archipelago” in order to term “ancestral home,” he is including everything,
emphasize the archipelagic theory. Do I get him right? every island covered by the Madjapahit Empire, and,
therefore, may cover possibly Borneo — that includes
MR. NOLLEDO. Yes. That was mentioned in the Sabah — and perhaps a greater portion of Indonesia.
proceedings of the 1971 Constitutional Convention, if
the Commissioner remembers. MR. DE LOS REYES. All right. I thank Commis-
sioner Nolledo for his free lecture, although I must
confess that I am really confused.
MR. DE LOS REYES. Yes, that is correct. I remem-
ber that Commissioner Nolledo was also a Member of MR. RAMA. Madam President.
the 1971 Constitutional Convention.
In the draft Constitution which was sent by former THE PRESIDENT. The Floor Leader is recognized.
President Macapagal, the definition of the national
territory starts something like this; ADJOURNMENT OF SESSION
The Philippines comprises the ancestral home of the Filipi- MR. RAMA. I move for the adjournment of the
no people, composed of aU the islands and waters, and all session until tomorrow at nine o’clock in the morning.
the other territories, xxx
THE PRESIDENT. The session adjourned until
is
What is the Commissioner’s reaction to that sug-
tomorrow at nine o’clock in the morning.
gestion from President Macapagal? Would that, in any
way, affect the archipelagic theory as mentioned? It was 7:25 p.m.
R.C.C. IMO. 19
OPENING OF SESSION We give You

thanks for this great opportunity to
serve our people and we pray that with Your divine
At 9:14 a.m., the President, the Honorable Cecilia assistance, we shall not fail them. Amen.
ROLL CALL
the roll.
NATIONAL ANTHEM
the National Anthem. Abubakar . . . ., . Absent Natividad . . . . . Present*
Alonto Nieva . Present
Aquino Nolledo .... . . Absent
Azcuna Ople Present*
. .
Present
Bacani Padilla
Bengzon Quesada .... . . Present
Serafin V.C. Guingona.
Bennagen . . . . Present Rama . . Present
Everybody remained standing for the Prayer. Bernas Regalado .... . Present
Rosario Braid . . . Present Reyes de los . . . Present*
PRAYER Brocka .... Present Rigos Present
Calderon Rodrigo .... . . Present
MR. GUINGONA. Almighty Father, we humbly pray Present
Castro de Present Romulo .... . .
for Your divine guidance so that we may be able to cor-

. . . . .
Colayco . Present .
Present
rectly perceive and discern the sentiments and desires of Present
Concepcion . Present Sarmiento . . . . .
our people as to what should be contained in the pro- . . .
Present
Davide Absent . .
posed Constitution and so that we may conformably Absent

Foz Present Sumulong ... . .
and accurately crystallize and express these sentiments

.
Present
Garcia •
Present
X 1 wawiit Tadeo
and desires. Present
Gascon .
Abcpnt
-rlUowlL
Grant us the wisdom so that in our and
efforts, truth Guingona . . . . . Present Tingson .... Present
justice may prevail, the humility to accept the ideas of Jamir •
Prpcpnt
X 1 CdWll t
Present
others which may conflict with ours, bearing in mind Laurel .

PrPCPTvf
jriCdCiiL
^ Uka
Present
that we are here to serve the interests of our people, and ... Present*
Lerum . Present Villacorta
the physical endurance to accomplish the many and Maambong . . . . Present Villegas
Present*^
varied tasks before us. Monsod . Present

Help us never to forget to be concerned with the The President present.
is
common good, for the welfare of our people, particular- to the call.
ly the poor and the deprived, in this our work of draft-
ing our people’s constitution, one which would seek to presence
establish in this fair land a community characterized by
of a quorum.
moral regeneration, social progress for all, political
stability, economic prosperity, love and concern for one MR. RAMA. Madam President.
another.
recognized.
have given You THE PRESIDENT. The Floor Leader is
Grant us to use the responsibility that
advantage of our people and our coun-
us to the fullest
APPROVAL OF JOURNAL
try. Make us realize fully and well that our acts and
omissions in this momentous endeavour would in- MR. RAMA. I move that we dispense with the red-
evitably be judged by our people now and by those of ing of the Journal of yesterday’s session and la
future generations and by You. approve the same.
*Appeared after the roll call

THE PRESIDENT. Is there any objection? (Silence) Proposed Resolution No. 301, entitled;
The Chair hears none; the motion is approved. RESOLUTION PROPOSING TO INCORPORATE IN THE
NEW CONSTITUTION A STATE POLICY ON TOURISM
MR. RAMA. Madam President, I move that we pro- RESPECTING THE CUSTOMS, TRADITIONS, AND
ceed to the Reference of Business. BELIEFS OF NATIONAL CULTURAL COMMUNITIES.
THE PRESIDENT. Is there any objection? (Silence) Introduced by Hon. Tingson.

The Chair hears none; the motion is approved. To the Committee on Human Resources.
The Secretary-General will read the Reference of
Business. Proposed Resolution No. 302, entitled:
RESOLUTION TO DELETE THE PROVISION UNDER
REFERENCE OF BUSINESS DECLARATION OF PRINCIPLES IN BOTH THE 1935
AND 1973 CONSTITUTIONS POSTULATING THAT
The Secretary-General read the following Proposed “THE DEFENSE OF THE STATE IS THE PRIME DUTY
Resolutions on First Reading and Communications, the OF THE GOVERNMENT AND PEOPLE” AND TO THIS
President making the corresponding references: END TO COMPEL EVERY CITIZEN TO RENDER
MILITARY SERVICE - A DANGEROUS ANACHRON-
PROPOSED RESOLUTIONS ON FIRST READING ISM THAT SHOULD YIELD TO THE SOUNDER AND
MORE RELEVANT PRIORITY THAT THE GOVERN-
Proposed Resolution No. 296, entitled; MENT’S PRIMARY DUTY IS TO LIFT THE LIVING
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI- LEVEL OF OUR IMPOVERISHED PEOPLE AND TO
TUTION SECTION ONE OF ARTICLE III OF THE 1973 DEFEND THEIR BASIC FREEDOMS.
CONSTITUTION WITH MODIFICATION. Introduced by Hon. Rama.
Introduced by Hon. Trenas and Suarez. To the Committee on Preamble, National Territory,
To the Committee on Citizenship, Bill of Rights, and Declaration of Principles.

oposed Resolution No. 303, entitled:
N^ CO^T^
RESOLUTION PROPOSING TO ADOPT IN THE CONSTI-
RESOLUTION TO INCORPORATE IN
TUTION A PROVISION FOR
TEACHING OF HUMAN RIGHTS
™ COAffUI^
TUTION AN ARTICLE FOR THE BILL OF RIGHTS OF

CITIZENS. EDUCATION AS WELL AS IN CONFORMAL TR^J^
TO PERSONS AND INSTITUTIONS TASKED TO
FORCE AND GUARANTEE THE OBSERVANCE OF
^
Political Rightsand Obligations and Human Rights. Introduced by Hon. Quesada and Bennagen.
Proposed Resolution No. 298, entitled: To the Committee on Human Resources.
RESOLUTION PROPOSING FOR THE CREATION OF A Proposed Resolution No. 304, entitled:
SEPARATE MINISTRY ON CULTURAL COMMUNITIES.
RESOLUTION TO INCORPORATE IN THE ARTICLE ON
Introduced by Hon. Tingson. TRANSITORY PROVISIONS OF THE NEW CONSTI-
To the Committee on Human Resources. TUTION A PROVISION MANDATING JUDICIAL CON-
FIRMATION OF ADMISSIONS TO PHILIPPINE CITI-
Proposed Resolution No. 299, entitled: ZENSHIP UNDER OR PURSUANT TO A DECREE PRO-
MULGATED BY THE PAST REGIME.
RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A SEPARATE MINISTRY OF CULTURE. Introduced by Hon. Davide, Jr.
Introduced by Hon. Tingson. To the Committee on Citizenship, Bill of Rights,

Political Rights and Obligations andHuman Rights.
RESOLUTION PROHIBITING THE REGISTRATION OF
RESOLUTION PROPOSING TO INCORPORATE IN THE POLITICAL PARTIES UNLESS THEY PUBLISH AND
NEW CHARTER A PROVISION ON THE COMPULSORY SUBMIT THEIR PROGRAM OF GOVERNMENT OR
STUDY OF ETHNIC FILIPINO CULTURES IN ALL PLATFORMS AND THEIR CONSTITUTION AND BY-
SCHOOLS. LAWS AND PROCLAIM THEIR ADHERENCE TO AND
Introduced by Hon. Tingson. SUPPORT OF THE CONSTITUTION.
To the Committee on Human Resources. Introduced by Hon. Davide, Jr.
To the Committee on Constitutional Commissions MAINTENANCE OF A COMPLETE, ADEQUATE, INTE-

and Agencies. GRATED AND NATIONALISTIC SYSTEM OF EDUCA-
TION RELEVANT TO THE GOALS OF NATIONAL
Proposed Resolution No. 306, entitled: DEVELOPMENT.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Introduced by Hon. Gascon.
TUTION A PROVISION EXCLUDING FROM THE RULE To the Committee on Human Resources.
ON DOUBLE COMPENSATION, PENSIONS OR GRATUI-
TIES.
RESOLUTION TO INCLUDE A PROVISION IN THE NEW
To the Committee on General Provisions. CONSTITUTION THAT ALL CANDIDATES FOR ELEC-
TION OR REELECTION SHALL AUTOMATICALLY
Proposed Resolution No. 307, entitled: VACATE THEIR POSITIONS UPON THE FILING OF
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- THEIR CERTIFICATES OF CANDIDACY.
TUTION A PROVISION REQUIRING THAT ONLY CITI- Introduced by Hon. Suarez and Jamir.
ZENS OF THE PHILIPPINES OR CORPORATIONS To the Committee on Constitutional Commissions
WHOLLY OWNED BY SUCH CITIZENS CAN ENGAGE and Agencies.
IN COMMERCIAL TELECOMMUNICATIONS AND
THAT MEMBERS OF BOTH THE GOVERNING AND Proposed Resolution No. 313, entitled:
MANAGING BODIES THEREOF SHALL BE FILIPINO RESOLUTION TO PROVIDE FOR AN ANNUAL BUDGET
CITIZENS. FOR THE JUDICIAL DEPARTMENT TO ENSURE ITS
Introduced by Hon. Davide, Jr. INDEPENDENCE.
To the Committee on General Provisions. Introduced by Hon. Suarez, Tadeo, Colayco, Jamir
and Trenas.
Proposed Resolution No. 308, entitled: on the Judiciary.
To the Committee
TUTION A PROVISION PROHIBITING ANY RELI- Proposed Resolution No. 314, entitled:
GIOUS SECT AND ANY PARTY, AGGROUPMENT, AS-
RESOLUTION PROHIBITING THE STATE OR ANY OF ITS
SOCIATION OR ORGANIZATION WHICH SEEKS SUBDIVISION OR INSTRUMENTALITIES FROM RE-
DIRECTLY OR INDIRECTLY TO ACHIEVE ITS GOAL QUIRING A PERMIT FOR THE HOLDING OF RALLIES,
THROUGH VIOLENCE OR ARMED STRUGGLE FROM DEMONSTRATIONS OR OTHER FORMS OF MASS OR
BEING REGISTERED OR ACCREDITED AS A POLIT- CONCERTED ACTION IN THE EXERCISE OF THE
ICAL PARTY. RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE
Introduced by Hon. Davide, Jr. AND PETITION THE GOVERNMENT FOR REDRESS
To the Committee on Constitutional Commissions OF GRIEVANCES.
and Agencies. Introduced by Hon. Foz.
Committee on Citizenship, Bill of Rights,
To the
Proposed Resolution No. 309, entitled: Political Rights and Obligations
and Human Rights.

TUTION AN ARTICLE ON NATIONAL PATRIMONY COMMUNICATIONS
AND ECONOMY. Lawyers League of the
Letter from the Protestant
Introduced by Hon. Gascon.
Philippines signed by Messrs.
Glenn Palumbon and
desire to sponsor a
To the Committee on the National Economy and Samuel Matunog, expressing their
Patrimony. public hearing on the declaration
of principles, bill of
rights and/or national
patrimony and economy, preter-
Proposed Resolution No. 310, entitled: ably on July 3, 1986.
Commission
RESOLUTION TO PROVIDE FOR INITIATIVE AND (Communication No. 63 - Constitutional
REFERENDUM ON THE NATIONAL AND LOCAL of 1986)
LEVEL IN THE NEW CONSTITUTION. To the Ad Hoc Planning Committee on Public
Hearings.

Bayan of Mon-
To the Committee on the Legislative. olution No. 56 of the Sangguniang
in the Constitu-
0 , Davao, requesting the inclusion
for forest lands reform
program,
1 of provisions
- Constitutional Commission
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- mmunication No. 64
TUTION PROVISION FOR THE ESTABLISHMENT AND 986)
To the Committee on the National Economy and Actually, my purpose in seeking recognition ai Iasi
Patrimony. night’s session was from the sponsor
to seek clarification
on the matter of the phrases and terminologies used in
Letters from the Honorable Roberto R. Concepcion and this Proposed Resolution No. 263 which I notice, with
the Honorable Ambrosio B. Padilla, referring the letter the exception of the last sentence thereof, is a virtual
of Mr. Jose F. Francisco of Sanyo, Novaliches, Quezon reproduction of the same provision in the 1973 Consti-
City, submitting proposed provisions on the judiciary. tution. What I wanted to clarify here was the meaning,

among others, of the phrase “all the other territories
of 1986) belonging to the Philippines by historic right or legal
title.” My readings, as admitted by the sponsor last
night, were to the effect that this phrase was used for
the purpose, inter alia, not of foreclosing a possible
Letter of Mr. R. Leonidas of 55 Chestnut St., Fairview
claim to Sabah and to the Kalayaan group of islands.
Park, Quezon City, submitting proposals on the appoint-
Since that was the purpose for that phrase in the 1973
ment of the Members of the Judiciary.
Constitution, what I wanted was a specific clarification
(Communication No. 66 - Constitutional Commission on whether the phrase in the proposed resolution carries
of 1986) the same intendment as that in the 1973 Constitution,
To the Committee on the Judiciary. meaning, that by reproducing exactly the same phrase
we are not foreclosing any future claim over Sabah to
MR. RAMA. Madam President. which Commissioner Tingson dissented.
meaning
other purpose was to make
the
THE PRESIDENT. The Floor Leader is recognized. My
liar shelves” clear because the
Law of ^.VwL “c^
ations Convention on the
CQNSIDERATIQN OF PROPOSED are using the term jnsular
nental shelf,” whereas we
RESOLUTION NO. 263 clarify whether the term
i^^û ^r
lelves.” I wanted to
(Article on National Territory) concept as continental shelf
‘
lelves” has the same

Continuation
though irregular form. In other words, the term
in
countries which are
PERIOD OF SPONSORSHIP AND DEBATE continental shelf” refers to those
to know - since the
arts of a continent. I wanted
MR. RAMA. We are still in the period of sponsorship hUippines is an archipelago
- whether ®
into the se
and debate on Proposed Resolution No. 263
on the
own of the different islands thereof ,
lereby producing an irregular contour

provision on National Territory.
under e âm^
ispective insular shelves, would be
ask that Commissioner continen a s e
I
Azcuna be recognized to Dncept and purpose for which
on le
interpellate the sponsor. 'as considered in the United Nations Convention
THE PRESIDENT. Is there any objection? (Silence) distinc ion

The Chair hears none; the motion is approved. I also wanted a clarification on the
o
between the internal waters and the territorial waters
May we ask the sponsor. Commissioner Nolledo, to the Philippines, which under the Convention are up
o a
please come forward. from the
limit not exceeding 12 nautical miles measured
baselines. Is the same concept used now in the pro-
SUSPENSION OF SESSION posed resolution in contradistinction, meaning, are we
still maintaining the same distinction between territorial
waters of the Philippines not exceeding 1 2 nautical
It was 9:29 a.m. miles and the baselines and internal waters which are
those enclosed within the baselines, regardless of the
RESUMPTION OF SESSION breadth or dimension thereof?
At 9:41 a.m., the session was resumed. Another matter which wanted clarified is the
I
incorporation in the present proposed resolution of the

THE PRESIDENT. The last sentence which says that sovereignty or jurisdiction
session is resumed.
of the Philippines shall also extend to straits connecting
MR. RAMA. Madam President, I ask that Commis- these waters with the economic zone provided for in the
sioner Regalado be recognized to discuss this provision.
United Nations Convention on the Law of the Sea.
In the Journal of last night’s session, the sponsor
THE PRESIDENT. Commissioner Regalado is recog- stated that it was necessary to refer to the United
nized. Nations Convention on the Law of the Sea because,
after all, there were reservations on the part of former
MR. REGALADO. Thank you. Madam President. Senator Tolentino, among others, insofar as the right of
innocent passage was concerned. So, it was on that THE PRESIDENT. Commissioner Maambong is
understanding that the Convention was ratified. recognized.
I would beg to differ from that statement because
under Article 309 of the United Nations Convention on MR. MAAMBONG. I really hate to interrupt Com-
the Law of the Sea, no such reservations are allowed missioner Regalado at this point, considering that he
when the Treaty or the Convention is ratified. For that is giving us so much elucidatory information. But I
reason, it was even necessary for former Senator Tolen- must raise. Madam President, a point of parliamentary
tino to submit a declaration of the Philippine govern- inquiry, considering that we are at present in the fourth
ment upon the signing of the United Nations Conven- period of sponsorship and interpellation. I do not really
tion on the Law of the Sea on December 10, 1982, mind Commissioner Regalado taking the floor, con-
wherein he, in effect, made the same reservations taking sidering the absence of the sponsor, but I wonder if
advantage of the provision of Article 3 10 of the Conven- Commissioner Regalado is a member of the Committee.
tion which, however, requires the harmonization of our
national laws with the Convention. MR. REGALADO. No, I am not. Madam President,
this procedure was precisely suggested by the Floor
Also, the sponsor stated that it was necessary to
Leader in the absence of the sponsor whom I intended
incorporate herein the economic zone provided for in to interpellate with clarificatory questions. I wanted to
the United Nations Convention on the Law of the Sea, bring these matters to his attention and to elicit a
although he admitted that Ambassador Arreglado had response — negative or otherwise as to whether or not
repeatedly told them not to advert to the Law of the considered by his
these things I am revealing now were
Sea in their discussions. We have studies to the effect
Committee.
that the economic zone we seek to protect as part of the
territory of the Philippines and the right to exploit the
MR MAAMBONG. Yes, but the Commissioner is not
same need not necessarily make reference to the Law of indicated in the
an author of any of the resolutions
the Sea. In a study on this matter, it was pointed out
committee report, is he?
that without ratifying the Convention, the Philippines
could avail not only of the 12-mile territorial sea and
MR REGALADO. There isno elucidation in the
the 200-mile exclusive economic zone, but also the
committee report. Precisely, I intended this to be in the
definition of the continental shelf as binding rules of
form of questions.
international law to which we, after all, had expressly
adhered. am just asking a point, a very
MR MAAMBONG. I
As a matter of fact, under Proclamation No. 370 of basic point - whether the
Commissioner is an author of
indicated in the committee
March 20, 1968, the Philippines asserted sovereignty a resolution which was
over the mineral resources of the continental shelf, as report.
defined in Article 3 of the Petroleum Act, in accordance
with the Geneva Convention of 1958. Presidential De- these observations were origi-
MR. REGALADO. No,
addressed to the sponsor.
cree No. 1599 proclaimed a 200-mile exclusive econo- nally intended to be questions
mic zone for the Philippines on June 1 1, 1978, declaring
that such a zone is now a recognized principle of inter- SUSPENSION OF SESSION
national law. As a matter of fact. Presidential Decree
suspended for a few
No. 1 599 followed exactly the provisions of the concept THE PRESIDENT. The session is
of an exclusive economic zone under the international minutes.

convention now in question. The United States likewise
It was 9:52 a.m.
proclaimed a 200-mile economic zone without signing
the Convention.
resumption of SESSION
So, if the purpose here was to protect Philippine
jurisdiction over the waters coextensive with the eco-
At 9:57 a.m., the session was resumed.
nomic zone, there would be no need for providing in the
Constitution that this refers to the same as understood resumed.
in the Convention on the Law of the Sea because this is

already an accepted principle of international law.
The matter of the “territorial sea” also bothers me

because in the 1973 Constitution, as well as in the pro- THE PRESIDENT. Commissioner Maambong is rec-
posed resolution, the Philippines asserts sovereignty by ognized.

historic right or legal title not only over the land area Flow
involved therein but also over the territorial sea. MR. MAAMBONG. During the suspension, the
Regalado clarified tha Corn
Leader and Commissioner
actually s a
MR. MAAMBONG. Madam President, may I seek missioner Regalado was not ® .
the absence of^ the

recognition? resentation of the Committee m
sponsor. Commissioner Regalado is actually presenting the declarative form, would have been in the inter-
questions for the sponsor to answer when he is avail- rogative form had Commissioner Nolledo been present.
able.
In that case, Madam President, I think it is entirely

THE PRESIDENT. Please proceed.
proper but subject to the answer of the sponsor, con-

sidering that we are still in the period of interpellations.
MR. REGALADO. I have also intended to ask further
questions on the effect on the Philippines of the Con-
I was a little bit confused because I thought Commis-
vention on Territorial Seas, but I will reserve that for
sioner Regalado was standing in representation of the
another session when the sponsor is present.
sponsor or the Committee, or as an author. But since
he is neither a member of the Committee nor an author, Thank you, Madam President.
I thought it was a violation of the Rules. Since it is now
clear to me that he was actually interpellating, that is THE PRESIDENT. Thank you.
entirely proper; therefore, I withdraw my point of Is there anything else, Mr. Floor Leader?
clarification, Madam President.
Commissioner Regalado
MR. RAMA. There are some committee meetings
is recognized.
being held at ten o’clock, and we invite the public and
the young people to go and attend the committee hear-
MR. REGALADO. Madam President.
ings. One of the resource persons, I understand, is the
Defense Minister. So, in the meantime, to enable us to
THE PRESIDENT. Does Commissioner Regalado attend our committee hearings, I move for the adjourn-
have further questions? ment of the session until Monday at five o cloc in the
afternoon.
MR. REGALADO. I will just wind up, Madam Pres-
ident. THE PRESIDENT. Is there any objection? (Silence)
The Chair hears none; and considering that the sponsor
of the committee report now on hand is^ abs^t,
e
o clock in e
session is adjourned until Monday at five
MR. REGALADO. That the parliamentary
clarifies afternoon.
situation because my observations, instead of being in It was 10:00 a.m.
R.C.C. IMO. 20
Present
OPENING OF SESSION Rosario Braid . . . Present Padilla . .
Brocka Present Quesada .... . . Present

pjn., Calderon Absent Rama . . Present
Munoz Palma, opened the session. Castro de Present Regalado .... . . Present

Colayco
Rigos Present
THE PRESIDENT. The session is called to order. Concepcion .... Present . .
Davide Present Rodrigo.... . . Present
Foz Present Romulo .... . . Present

NATIONAL ANTHEM Present Rosales . . Absent
Garcia
Sarmiento Present
THE PRESIDENT. Everybody will please rise to sing Gascon Present . . . . .
Present
Present Suarez . .
the National Anthem. Guingona

Sumulong . . . . . Present
Jamir Present
Everybody rose to sing the National Anthem. Tadeo . . Present
Laurel Present
Tan . Present
Lerum Present
Present Tingson .... . . Present
Maambong ....
standing for the Prayer to be led by the Honorable Trenas . . Present
Monsod Present
Alberto M. K. Jamir. Uka . . Present
Natividad Present
Present
Everybody remained standing for the Prayer. Nieva Present Villacorta . . . . .
ViUegas . . Present
NoUedo Present
PRAYER Ople Present
MR. JAMIR. Almighty God, we meet in Thy presence The President is present.
seeking divine guidance that we may fashion a Constitu- The roll call shows 46 Members responded to the call.
tion which will prevent a repetition of the shameless

presence of
rape of our country by another Marcos; assure our THE PRESIDENT. The Chair declares the
people’s freedom from fear of oppression; and vouch- quorum.
a
safe for them equal opportunity in their pursuit of a
The Floor Leader is recognized.
better tomorrow to lighten the burden of their unceas-
ing daily toil.
APPROVAL OF JOURNAL
For this awesome task, O Lord, we pray Thee to keep we
move that dis-
our minds clear, our hearts pure, and our hands clean MR RAMA. Madam President, I
last session
and steady, that the product of our labor may endure nse with the reading of
the Journal of the
for all time and bring to fruition our country’s driving

dream of a higher horizon. Only then may we be truly
worthy of Thy benediction: “Well done, good and faith-
approved.
is
ful servants, enter Thou into the Kingdom of Thy
Lord.’’ Amen. move that we pro-
Business.
ceed to the Reference of
ROLL CALL (Silence)
is approved.
call the
the Reference of
roll.
will read
THE SECRETARY-GENERAL, reading: Business.
Abubakar Present Bacani .... . . . Present REFERENCE OF BUSINESS

Alonto Present Bengzon
following Proposed
. .
Aquino Present Bennagen Present The Secretary-General read the

Communications and
. . . . .
Azcuna Present Bernas .... Resolutions on First Reading,

Committee Reports, the President making the cor- Proposed Resolution No. 321, entitled:
responding references:
RESOLUTION PROPOSING FOR THE ADOPTION OF A
BICAMERAL SYSTEM OF LEGISLATURE E'J THE NEW
PROPOSED RESOLUTIONS ON FIRST READING CONSTITUTION.
TUTION A NEW ARTICLE ENTITLED “NATIONAL
DEFENSE AND SECURITY.” COMMUNICATIONS
Introduced by Hon. de Castro. Letter from Mr. Bienvenido A. Castillo of Pulilan,
To the Committee on General Provisions. Bulacan, suggesting provisions on the bill of rights and
suffrage, among others.
Proposed Resolution No. 316, entitled: (Communication No. 67 — Constitutional Commission

of 1986)
RESOLUTION PROPOSING TO ADOPT IN THE CONSTI-
TUTION A PROVISION DECLARING LAND REFORM A To the Committee on Citizenship, Bill of Rights,
CORNERSTONE IN THE ECONOMIC REFORM OF THE Political Rights and Obligations and Human Rights.
COUNTRY.
Introduced by Hon. Tingson. Letter from the Economic Emancipation Association
of the Philippines, Inc., signed by Mr. Vicente D.
To the Committee on Social Justice. currency.
Gabriel, submitting a proposal on managed
Commission
RESOLUTION PROPOSING TO INCLUDE IN THE TRANSI- To the Committee on the National
Economy and
TORY PROVISIONS THE IMPOSITION OF A TWENTY- Patrimony.
YEAR LOGGING BAN ON ENDANGERED FOREST
LANDS ALL OVER THE COUNTRY. Village,
Letter from Mr. Martin R. Reyes of Vasra
Introduced by Hon. Tingson. Quezon City, submitting recommendations pertaining to
To the Committee on the National Economy and forest resources.
Patrimony. (Communication No. 69 — Constitutional Commission
of 1986)
Proposed Resolution No. 318, entitled: To the Committee on the National Economy and
Patrimony.
RESOLUTION PROPOSING TO INCORPORATE IN THE
new CONSTITUTION A PROVISION RENOUNCING
WAR AS AN INSTRUMENT OF NATIONAL POLICY. Letter from the Third World Movement Against the
Exploitation of Women signed by Sister Mary Soledad
Perpinan, proposing “Women and men shall have equal
To the Committee on Preamble, National Territory, rights,” as a separate section in the Bill of Rights.
and Declaration of Principles. (Communication No. 70 — Constitutional Commission
of 1986)
Proposed Resolution No. 319, entitled: To the Committee on Citizenship, Bill of Rights,
resolution proposing to INCORPORATE IN THE Political Rights and Obligations and Human Rights.
NEW CONSTITUTION A PROVISION EXCLUSIVELY
EMPOWERING THE LEGISLATURE TO DECLARE THE Letter from Mr. Rafael B. Hidalgo, Regional Trial Court
EXISTENCE OF A STATE OF WAR. Judge, Legaspi City, enclosing a draft article on the
Introduced by Hon. Tingson. judiciary proposing a five-member board of judicial
administrators.
of 1986)
RESOLUTION PROPOSING TO INCORPORATE ESI THE
NEW CONSTITUTION A PROVISION ON THE PRO-
TECTION AND WELFARE OF WORKERS. Resolution No. 3 of the Family Planning Organization
of the Philippines, Quezon Provincial Chapter, pro-
Introduced by Hon. Tingson. posing the inclusion in the Constitution of a national
To the Committee on Social Justice. policy on family planning and population control.
^
(Communication No. 72 — Constitutional Commission (Communication No. 78 — Constitutional Commission

of 1986) of 1986)
To the Committee on General Provisions. To the Committee on the Legislative.
Communication from Mr. SeKvyn Clyde M. Alojipan of Letter from Mr. Francisco O. Javines of 348 Gov.
Capitol Green Village, Tandang Sora, Quezon City, pro- Forbes, Sampaloc, Manila, enclosing an article proposing
posing, among others, the election of the vice-president provisions on initiative, referendum and recall.
of the Philippines, the provincial vice-governor and the - Constitutional Commission
municipal vice-mayor for six-year terms, who shall auto-
of 1986)
matically take over as president, governor and mayor,
respectively, after the first three years in office. To the Committee on the Legislative.

Letter from Mr. Ruben A. Ferrer of 2251-C Adonis St.,
of 1986)
Pandacan, Manila, proposing a manner of ratification of
To the Committee on the Executive. the Constitution.
Letter Mrs. Pura Kalaw-Ledesma of Legaspi
from
Village, Makati, Metro Manila, enclosing proposed
of 1986)
constitutional provisions on science, arts and letters To the Committee on Amendments and Transitory
and on a Commission on Culture. Provisions.
(Communication No. 74 — Constitutional Commission by Sr. Ma.

Letter from Lingkod-Tao-Kalikasan signed
of 1986) inclusion of
Aida Velasquez, OSB, requesting the
To the Committee on Human Resources. provisions that would promote ecological
and environ
mental consciousness and participation.
Letter from Mr. Albino V. Arriero of Provident Village, - Constitutional Commission
Marikina, Metro Manila, proposing provisions on citizen-
of 1986)
ship, bill of rights, the legislature and term and tenure and
of elective and appointive officials, among others. To the Committee on the National Economy
Patrimony.
of 1986) Konsultasyon ng
Resolution No. 1 of the Pambansang
attachments, urging at-
To the Committee on Citizenship, Bill of Rights, Maralitang Taga-lunsod, with
poor.
Political Rights and Obligations and Human Rights. tention to issues affecting the urban
Communication from Rev. Fr. Ever Cansancio, Mr. Luis
of 1986)
S. Hervas and Ms. Noemi Deocampo, all of Tansa, Iloilo
Justice.
City, proposing provisions on the preamble, family To the Committee on Social
unity, social integrity, poverty and reforms, among
the Honorable Commissioner Ambrosio
others. tter of
appreciation for th^^^^^^
dilla,expressing heartfelt
(Communication No. 76 — Constitutional Commission Constitutiona
)us adoption by the
of 1986)
:solution No. 5, entitled:
RESOLUTION EXPRESSING COlÎS^
DOLENCE OF THE CONSTHUTIONAL
ON THE DEATH OF HONOR>^^ COURT OF THE
Letter from Filipino Crusaders World Army, Inc., signed
FORMER JUSTICE OF THE SUPREME
by Cirilo T. Demetria proposing incorporation in the
PHILIPPINES.
Constitution of its Man’s Moral Concept. Commission
ommunication No. 83 - Constitutional
1986)
of 1986)
I the Archives.
tter from Mr. Melquiades transmitting
Malacafsang
Communication from the Minister of Local Govern-
Iff Director, 26 1986*
23, dated June 26,
:opy of Executive Order No.
ments referring Resolution No. 1473 of the Sangguniang
titled:
Panlungsod of Cotabato requesting the inclusion of a
GRANTING THE PUBLIC FRANKING
PRMÊ ON
provision for the reappointment of representative dis-
COMMUNICATIONS BEING SENT
BY THEM TO IHb
tricts and the constitution of Cotabato City into a
separate district. CONSTITUTIONAL COMMISSION.
(Communication No. 84 — Constitutional Commission Committee Report No. 8 on Proposed Resolution

of 1986) No. 324, prepared by the Committee on the Executive,
To the Archives. entitled:

COMMITTEE REPORTS TUTION A PROVISION PROHIBITING THE PRESIDENT
FROM EXTENDING APPOINTMENTS WITHIN TWO
Committee Report No. 5 on Proposed Resolution MONTHS IMMEDIATELY PRECEDING THE COM-
No. 264, prepared by the Committee on the Executive, MENCEMENT OF THE TERM OF THE NEW PRESIDENT,
entitled:
recommending its approval in substitution of Proposed
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Resolution No. 56.
TUTION LIMITATIONS ON THE EXERCISE OF THE Sponsored by Hon. Sumulong and Davide, Jr.
AUTHORITY TO PROCLAIM MARTIAL LAW OR SUS-
PEND THE PRIVILEGE OF THE WRIT OF HABEAS To the Steering Committee.
CORPUS BY LIMITING ITS DURATION AND REQUIR-
Committee No. 9 on Proposed Resolution
Report
ING CONCURRENCE BY THE LEGISLATURE, EX-
No. 128, as reported out by the Committee on the
PRESSLY VESTING UPON THE SUPREME COURT
Executive, entitled:
JURISDICTION TO INQUIRE INTO THE SUFFICIENCY
OF THE BASIS OF SUCH PROCLAMATION OR SUS- RESOLUTION PROHIBITE4G THE PRESIDENT, VICE-
PENSION AND TO SET ASIDE THE SAME IF NO BASIS PRESIDENT AND MEMBERS OF THE CABINET AND
EXISTS, .\ND GRANTING THE LEGISLATURE THE THEIR DEPUTIES FROM HOLDING ANY OTHER OF-
AUTHORITY TO REVOKE OR EXTEND A PROCLAMA- FICE AND FROM ENGAGING IN ACTIVITIES WHICH
TION OR SUSPENSION, MAY GIVE RISE DIRECTLY OR INDIRECTLY TO
recommending its approval in substitution of Proposed CONFLICT OF E4TEREST IN THE CONDUCT OF
Resolution Nos. 9, 107, 151, 152 and 158. THEIR OFFICE, AND TO PROHIBIT THE PRACTICE OF
NEPOTISM BY SAID OFFICIALS,
Sponsored by Hon. Sumulong, Regalado, Davide, Jr.
and Foz. recommending its approval with amendments in con-
solidation with Proposed Resolution No. 183.
Sponsored by Hon. Sumulong and Maambong.
No. 273, prepared by the Committee on To the Steering Committee.
the Executive ’
entitled:
RESOLUTION PROVIDING FURTHER LIMITATIONS ON
THE POWER OF THE PRESIDENT TO GRANT PAR- THE PRESIDENT. The session is suspended for a few
DONS, minutes.
It was 5:36 p.m.
Resolution No. 55.
Sponsored by Hon. Sumulong and Davide, Jr.
At 5:42 p.m., the session was resumed with the
Honorable Jose E. Suarez presiding.
Committee Report No. 7 on Proposed Resolution THE PRESIDING OFFICER (Mr. Suarez). The
No. 322, prepared by the Committee on Amendments session is resumed.
and Transitory Provisions, entitled:
MR. RAMA. Mr. Presiding Officer, I ask that Com-
RESOLUTION TO INCLUDE IN THE NEW CONSTITUTION missioner Bernas be recognized.
AN ARTICLE PROVIDING THE PROCEDURE FOR ITS
AMENDMENTS, THE PRESIDING OFFICER (Mr. Suarez). Commis-
sioner Bernas is recognized.
recommending approval in substitution of Proposed
its
Resolution No. 148, subject to the reservation that
FR. BERNAS. Mr. Presiding Officer, thank you for
Section 1 (c) of this substitute resolution shall only be
this opportunity.
incorporated if and when Proposed Resolution No. 161
is approved by the Committee on Citizenship, Bill of You have on your desk a note from the Secretary-
Rights, Political Rights and Obligations and Human General inviting you to a presentation of a survey — a
Rights. nationwide public opinion survey — to be made in
Caucus Rooms “D” and “E” at one o’clock tomorrow. I
Sponsored by Hon. Suarez and Jamir.
thought I should give a brief explanation for those of
To the Steering Committee. you who have asked me what this is all about.
This is a nationwide survey of 2,000 respondents, ship, that this discussion be held three days from now or
sponsored by the Ateneo de Manila Public Affairs Cen- exactly on July 3.
ter and the Social Weather Stations, Inc. It is a project
we try to do four times a year. The idea is to try to get THE PRESIDING OFFICER (Mr. Suarez). Is there
the pulse of the people on various questions. Let me just
give you some samples of the questions which were
motion is approved.
asked — there were 70 questions with each question sub-
divided into various other subquestions. For instance,
some of the questions asked on the quality of life were: MR. BENGZON. Thank you.
Is your life now better than twelve months ago? Do Also, as agreed upon, starting July 7, we will spend
you expect your life to be better twelve months later? more time in plenary sessions because we will be con-
Other questions were on employment, government and sidering committee reports until August 25. For this
administration, such as: Is the government as you know reason, I would propose that beginning July 7,
like to
it, “mapapaniwalaan, medyo mapapaniwalaan, hindi our sessions start at 2:30 p.m. until we adjourn. The
mapapaniwalaan,” and so forth. And then on the reason behind this is that those committees that still
Cabinet, there is a list of the Cabinet members and some wish to meet and wind up after the public hearings
of the questions asked were: Have you heard of these would be able to devote the whole morning to their
names? (We run through the list of all the Cabinet committee meetings until lunch time. Therefore, the
members.) Are you pleased with their appointment? plenary session will begin at 2:30 in the afternoon of
Are you displeased with their appointment? The ques- July 7, until whatever time the Commissioners would
tions on the Church and on the Communist Party would wish to continue the discussions.
be something like this: Personnel of any church should I so move, Mr. Presiding Officer.
not get involved with the struggle for the oppressed. Do
you agree or disagree? The Communist Party should be (Mr. Suarez). There is a
legalized. Do you agree or disagree? With the new
motion and a proposal submitted by the
government now, NPA-Communist activities will es- July 7, 1986 the
the Steering Committee that beginning ,
calate. Do you agree or disagree? The

on post rest are time as may e
sessions start at 2:30 p.m. until such
election problems, government, on President Corazon
decided by the body.
Aquino, former President Marcos and others.
the second
So, these are matters which, while not directly touch- Does the Chair hear any objection to
of the teering
ing on the work of the Constitutional Commission, will motion submitted by the Chairman
none; the second
give us a feel of what the people are thinking on matters Committee? (Silence) The Chair hears
of public concern. The presentation will be made by motion is approved.
Dr. Mangahas, with graphs and everything, and with
opportunity for inquiries. MR. BENGZON. Thank you very much.
As I said, this is a presentation of a survey made of

(Mr. Suarez). The Floor
2,000 randomized from all over the Philippines, and the THE PRESIDING OFFICER
answers are segmented according to different levels: age, Leader is recognized.
education, economic level, and so forth.
MR. RAMA. Mr. Presiding Officer, I ask that the RESOLUTION NO. 263
Chairman of the Steering Committee be recognized on on National Territory)
(Article
some proposed division of schedule. Continuation
MR. RAMA. Mr. Presiding Officer, I

THE PRESIDING OFFICER (Mr. Suarez). Commis-
ntinue the consideration of
sioner Bengzon recognized. „_^.oj.shiD I
We are still in the period
is
,. 263. ^’
.uld remind the body
like to
MR. BENGZON. Thank you, Mr. Presiding Officer. the reso u i
^
•ee speakers in favor of . _ would
We now
the period of sponsorship and inter- in tumo
are in :ed and only two speakers
pellation on the committee report on National Territo- recognized, each to be given 1
ry. I would like to propose to the body that after we
ring the interpellations,
those who m y .
^
finish the sponsorship and interpellation, the Commis- bring up

;ak for or against can always
sion resume consideration of Committee Report No. 4 Commissioner
I request that
Mr. Presiding Officer,
of the Committee on Citizenship and move on to the
period of amendments. I would like to present this
motion so that a decision could be made on this matter, Suarez). The
(Mr.
and in order to give a chance to those who may have THE PRESIDING OFFICER
amendments to Committee Report No. 4 on citizen- Honorable Nolledo is recognized.
MR. RAMA. Those who may wish to interpellate, this Constitutional Commission and Ambassador Juan
please register with the Floor Leader for a more speedy Arreglado who testified before our Committee that he
proceeding. did not like any reference to the Law of the Sea in our
definition on the ground that there are many provisions
I ask that Commissioner Sarmiento be recognized.
therein that may adversely affect the definition or
THE PRESIDING OFFICER description of our national territory as found in various
(Mr. Suarez). The
existing treaties, among which is the Treaty of Paris of
Honorable Sarmiento is recognized.
1898. In this connection, Mr. Presiding Officer, I would
like to quote again the ambassador who was instru-
MR. SARMIENTO. Will Commissioner Nolledo yield
to a few questions.
mental in bringing about this definition in the Quintero
Committee of the 1971 Constitutional Convention
MR. NOLLEDO. Mr. Presiding Officer, I had an when he said, and I think this is very important:
agreement with the Floor Leader that I am going to As regards the nature and purpose of the straight base-
clarify certain issues raised by Commissioners Regalado lines which have been drawn around the coastlines of the
and de los Reyes, because in the last meeting I was not Philippine Island territory, and embodied in Republic Act
here, not because I was ill as rumored, but because Com- No. 3046, as amended by Republic Act No. 5446, it should
missioner Gascon and I were on our way to Butuan City be noted that they were designed primarily to establish and
to conduct consultations. indicate the outer limits of “all waters around, between,
During the last session, Commissioner Regalado asked and connecting” the constituent islands, islets and other
which,
what the internal waters of the Philippines were. I land of the Philippine Archipelago,
formations
Constitution, have the juridical
would like to answer that question by reading the fol- under Article I of the 1973
were not mtended to
lowing definition of our national territory in Article I of status of “inland waters.” But they
the so-called ‘terri on
the 1973 Constitution, the words of which were provide baselines for measuring
seas” outwards, as this term is
defined m of the
adopted by our Committee on Preamble, National
reason that all the sea areas
Territory, and Declaration of Principles: Sea Convention, for the simple
treaty limits are national
lying inside the “international
The waters around, between, and connecting the islands the national territory of
waters forming an integral part of
of the archipelago, irrespective of their breadth and dimen-
the Philippines.
sions, form part of the internal waters of the Philippines.
that area. At
I knowthe Gentleman cannot see from
In this connection, I would like to put on record the Philippmes
least, he can try to see the map of the
observations of Ambassador Juan Arreglado in relation rea
accordance with the boundaries set forth in the
to the internal waters of the Philippines.
He said that of Paris.
the physical formation of the island territory
of the
Philippine Archipelago constitutes a compact and According to Ambassador Arreglado, from the
closely knit group of islands spread lines, we have 320 miles on the east coast of
Luzon an
out in the form of 3n
a triangle. He continued by 1 50 miles on the west coast of Luzon. Ordinarily,
saying that inside this
I think even technically, under the Law of the
Sea, we
triangle are several areas, the largest of which is the Sulu erri
Sea; passages and straits lying between and connecting have only the 1 2-mile limit which is known as the
together the 7,100 islands; and islets and shores of dif- torial sea. Also, according to him that territorial
e
ferent sizes and formations. Underneath the waters should not be equated with the territorial waters,
around the perimeter of the Philippine Islands group lies have the territorial waters set forth in the Treaty o
the submarine platform connecting together the consti- Paris going much beyond the 12-mile limit. And, there-
tuent islands of Luzon, the Visayan group, Mindanao, fore, that should be respected because, according to
the Sulu Archipelago, the Turtle Islands, the Cagayan- him, the Treaty of Paris is an old treaty adhered to by
Sulu groups, the Balabac group, Palawan and Mindoro, other nations under the principle of quieta non moveve
thus showing the original unity of all these island forma- and, therefore, should be binding upon all nations of the
tions. world.
Commissioner Regalado, in relation to the questions Iwould like to quote the noteworthy observations of
posed by Commissioner de los Reyes, questioned the Ambassador Arreglado for purposes of posterity because
inclusion of the last sentence in our proposed definition there may be
international cases that may be brought to
of the national territory by saying that the 200-mile the International Court of Justice later. In conclusion,
economic zone now provided for in the Convention on he said
the Law of the Sea of 1982 should not appear anymore In view of all the considerations — legal, historical, geo-
in the definition on the ground that that is already graphical and geological — expounded above, it appears
governed by international law, specifically the Geneva clearly that the international validity of the Philippine
Convention of 1958, as well as existing decrees issued instrument of Ratification of the Law of the Sea Conven-
by the former and deposed President. Mr. Presiding tion with the understandings embodied in the Philippine
Officer, I think this is very important for purposes of Declaration attached thereto, is fully justified by the
posterity. I beg the kind indulgence of the Members of following established facts, to wit:
First, that the Law of the Sea Convention is designed signed by any representative of a party-nation to that
solely to establish, with due regard for the sovereignty of all Convention.
States, a new treaty regime or legal order for the seas and
So, that the reason Mr. 'Tolentino made certain
is
oceans which are beyond the territorial limits of national understandings or reservations, which I referred to in
jurisdiction of States and which are thus considered as the last two sessions. These reservations were taken into
res communes: account when the Law of the Sea was ratified by our
Second, that it is not witliin the contemplation of the Batasang Pambansa.
Law of the Sea Convention to prescribe rules for the I am now ready to entertain further questions.
regulation or limitation of the sovereign authority vested in,
and exercised by, a State over the sea areas forming an THE PRESIDING OFFICER (Mr. Suarez). The
integral part of its national territory for to do so would run Honorable Sarmiento is recognized.
counter to the fundamental rules of international law
underlying the principles of consent, independence, sover- MR. SARMIENTO. think honorable Commissioner
I
eignty and equality of States, which are in the nature of Nolledo will agree with me that one of the purposes of
Jus Cogens and beyond the competence of States to modify including a provision on National Territory in the new
or abrogate by treaty; Constitution is to give our people an opportunity to
Third, that the Philippine Archipelago — our ancestral know their territorial home, is that correct?
homeland — is not just a group of islands, but an “island-
studded sea,” whose territorial boundaries were delineated
MR. NOLLEDO. Yes, I agree.
by parallels of latitude and meridians of longitude along other

are
MR. SARMIENTO. Of course, there
specified degrees set forth in Article III of the Peace Treaty provinces
reasons, such as, to make it difficult for some
of Paris of 10 December 1898, between Spain and the pinpom mg
and to facilitate
to secede from our country
United States of America, and the Treaty of Washington
national boundaries in questions arising
before m er
between the United States of America and Great Britain of honorable ommis
national bodies, are there not,
January 1930, and Article
2, I of the 1935 and 1973
sioner?
Constitutions of the Philippines;
Yes, and, therefore, we

assert that
Fourth, that under international customary law and the MR. NOLLEDO.
treaties are vahd
juridical principles enunciated in various decisions of the Treaty of Paris and other related
states.
arbitral tribunals and international courts of justice, such and, therefore, binding upon third-party
international treaties involving changes and transfers of
the sponsor will agree
with
State territories and defining their frontiers are of general MR. SARMIENTO. But
interestand concern, not only to the parties directly in- me that the silence of a constitution
such sover g y ^
volved, but also to all Third States, and in case of silence national territory does not deprive
on their part, such silence will be construed as a form of entitled to under inter
any portion of territory it is
tacit consent or recognition of the existing situation; and national law, will he not?
that following the established international law principle of
quieta non movere,
integral part
all
of the Law
said treaties
Members of the international Community of

insofar as the delimitation of the national frontiers of the
have now become an
of Nations and thus binding upon
States,
still
do
MR. NOLLEDO.
not have any provision

In that case, yes,
invoke the Treaty of Paris
national territory setting forth,

in
for
êêty’
the ^ bounda-
bind-
Philippine Archipelago concerned; and Treaty of Pans e
ries recognized by the
is
other states of
but upon
Fifth, that the series of Understandings embodied in the ing not only upon our country
Philippine Declaration are simply statements of the inter- the world.
pretation placed by the Philippine Government upon
certain provisions of the Law of the Sea Convention which MR. SARMIENTO. For the
Gentleman, we made a survey
on e
are deemed to be per se not applicable to the internal and ^bem have
territorial waters enclosed within the “international treaty
81 countries, and we seems to be
limits” defining the territorial boundaries of the Philippine no provision on National Territoiy, mcludetheÛnded
United ,
countr.es
Archipelago, and cannot, therefore, in any manner “impair
the national trend. These
States, Japan, Italy, France, Sovie
and prejudice” the sovereign rights exercised by the Repub- international
Angola, Bulgaria, etc. Cons.denng
lic of the Philippines over all the sea areas forming an
provision
trend of not including a think it
integral part of its national territory as defined and de- not the spon
in the Constitution, does on Nat. ,
limited in the Philippine Constitution. a provision
advisable if we do not include
Lastly, Mr. Presiding Officer, I would like to mention Territory?
in passing that Article 310 of the United Nations Con-
vention on the Law of the Sea permits the setting forth MR. NOLLEDO. I do not agree with
presen e
of understandings or reservations before the Treaty is because that was the very reason
Voltaire Garcia when he moved before the Constitu- MR. NOLLEDO. Gentleman wants me to
If the
tional Convention of 1971 to delete the provision on delete “possibly,” I with him. But does he not
will agree
National Territory. I was one of those who vigorously think our claim has already become stale? I do not
objected to that motion, and I was upheld by the Con- know of any President of the Philippines pursuing any
vention. For the information of the Gentleman, if we claim over Marianas Islands. However, I know that
do not define our national territory, it may cause some President Macapagal pursued his claim over Sabah but
embarrassment in future conferences. In the Bangkok not over Marianas Islands. So, I think it has already
and London Conferences when President Macapagal become passe'; we have no more right over Marianas
was pursuing our claim over Sabah, a Great Britain Islands. But I agree with the Gentleman that histori-
delegate asked: “Under what provision of your Consti- cally, not legally, Marianas Islands is a part of the
tution are you claiming Sabah? ” President Macapagal Philippines.
and the members of his Cabinet could not pinpoint and
they were embarrassed. That is why in the 1971 Consti- MR. SARMIENTO. May I also know if Spratley or
tutional Convention, we decided to put the words “by Freedomland included in the phrase “by historic right
is
historic or legal title” in order to open the avenues to or legal title”? I ask this question because Atty. Cloma
the pursuit of our claim over Sabah in Freedomland. occupied the place and, in fact, formulated a constitu-
I believe that the Philippines is a peculiar archipela- tion governing that Spratley Island.
go; we should define the National Territory in the
Constitution to show to the entire world our territory. MR. NOLLEDO. Who formulated a constitution?
And when in future conferences there would be ques-
tions on the extent of our national we could
territory, MR. SARMIENTO. Atty. Cloma.
cite our Constitution, the fundamental law of the land.
MR. NOLLEDO. Yes.
MR. SARMIENTO. Aside from that international
trend, may I invite the sponsor’s attention to a question MR. SARMIENTO. After occupying that territory, he
raised by the honorable Commissioner Bernas in his initiated the formulation of a constitution.
hook Philippine Constitutional Law, 1984 edition:
What then does the new provision gain for the Philip- MR. NOLLEDO. Yes. Kalayaan Island or Freedom-
pines? A mere security blanket, a rhetorical assertion of land is under the effective control of the Republic of
historic identity, decolonialization on paper, and an em- the Philippines.
barrassing muddling of Philippine position towards the
Treaty of Paris. MR. SARMIENTO. So, the sponsor agrees with
me,
therefore?
Will the sponsor comment on that question?
MR. NOLLEDO. Father Bernas MR. NOLLEDO. I agree with the Gentleman.
is entitled to his own
opinion. Besides, his statements are too general and do
not consider possibilities of specific cases that may arise MR. SARMIENTO. One last question, Mr. Presiding
Officer.
in the future. I still restate my previous statements
supporting my stand, opposing the motion of the late During the Commissioner’s sponsorship speech^ he
Voltaire Garcia to delete the provision on National said that he was one of those active members of th^
Territory in the 1973 Constitution. Committee on National Territory of the 1971 Consti-
tutional Convention.
MR. SARMIENTO. May I proceed, Mr. Presiding Of-
ficer? In the sponsor’s speech he said that by historic MR. NOLLEDO. I was not a member of the Commit-
our territory possibly includes Maria-
right or legal title tee. I said that despite the fact that I was not a member,
nas Islands — he emphasized the word “possibly.” In- I actively participated in the deliberations of the Com-
stead of using “possibly,” can we say “definitely in- mittee, because I come from the beautiful Island
of
cludes Marianas Islands”? I ask this question because in Palawan.
one of Mabini’s books, in his memoirs, he said that
Marianas Islands is a province of the Philippines. Agui- MR. SARMIENTO. During one of its deliberations^!
naldo also said that Marianas Islands constitutes a am referring to the 1971 Constitutional Convention —
province of the Philippines. A bishop during the Spanish the Chair informed the Committee that the Kiram heirs,
time was assigned in that place; and one French book one of the heirs claiming title over Sabah, had extended
stated that Marianas Islands is a part of the Philippines. a special power of attorney in favor of several persons
As a matter of fact, the first school established in that and one of these was Mr. Ferdinand Marcos. Will the
island was named San Juan de Letran. So, I reiterate sponsor kindly enlighten us on this point?
that instead of “possibly includes Marianas Islands” we
use “definitely includes Marianas Islands” by historic MR. NOLLEDO. Based on the actuations of the heii s
right or legal title. of the Sultan of Sulu, it seems that the power of attor-
ney must have been revoked because they are now When we use the words “by historic right or legal
insisting on their claims individually without asking for title,” we do not necessarily refer to Sabah alone. There
presidential assistance. may come a time when we might be embarrassed in a
foreign conference involving claims over certain terri-
MR. SARMIENTO. Thank you, honorable Commis- tories. I would like the Gentleman to know that the
sioner. phrase “all territory over which the present Government
of the Philippine Islands exercises jurisdiction,” as
MR. NOLLEDO. Thank you. found in the 1935 Constitution, was included in the
definition of the National Territory purposely to in-
MR. ABUBAKAR. Mr. Presiding Officer. clude Batanes Islands because Batanes was not set forth
in the Treaty of Paris of 1898 and the Treaty of
THE PRESIDING OFFICER (Mr. Suarez). The Washington (between the United States and Great
Honorable Abubakar is recognized. Britain) of 1930. Because of the Sabah claim and the
claim over Freedomland and the Marianas Islands, the
MR. ABUBAKAR. May I be allowed to say some- Committee on National Territory of the 1971 Constitu-
thing because this is important in matters of the territo- tional Convention headed by Delegate Eduardo Quinte-
ro — although I was not a member thereof I attended
ry of the Philippines as covered in the Constitution? all
its meetings — used the words

“historic right or legal
In the 1935 and the 1973 Constitutions, the territory
title.” So, to eliminate these words
would be retro-
of the Philippines is defined. The question of other
territory which is not included in the Constitution may gression of the highest order.
be embraced within the phrase “by historic right.” So,
MR. ABUBAKAR. We have no objection to the
for purposes of definition, I think it is better to leave
“by historic right or legal
this in a general classification because Sabah or any inclusion of that phraseology
other territory over which the Philippines may have a title” because broad enough to cover whatever
this is
through istory.
claim or has a right to claim is a delicate matter which claim we may have as a matter of right
refer to the nonspecification of
whatever claim over
should not be included in the Constitution for if we do I
so, it would be difficult to amend it and to negotiate any territory.
whatever may be advisable in promoting understanding Our recom-

between the contending parties. So, let us limit the MR. NOLLEDO. Yes, that is correct.
area of territory
constitutional definition of territory to what has already mended provision does not specify any
been included in our Constitution. Let any other claim over which we lay our claim.
of territory, whether over Sabah or Kalayaan Islands or (Mr. Suarez). What is

other islands, be decided by negotiation in order to
the pleasure of the Gentleman
from Bulacan?
promote the cohesive regional understanding between
Gentkmen on
the parties or countries involved. As I said, to incor-
MR OPLE. With the permission of the
want to make a jery important
porate this in the Constitution is inadvisable because the dis-
he floor, I just
Constitution is a document which is not only hard to Islands and Saban.
amend but hard to withdraw. Regarding this right, Presiding
which all of us would like to protect, let us leave it to MR. NOLLEDO. I have no objection, Mr.
the judgment of our government and our people to Officer.
pursue whatever is the correct course, but let us not in-
MR. OPLE. Yes, I want to pomt out th
just
clude it in the Constitution which will not only be
misunderstood but will promote certain conflicting such a sensitive matter which can ® ® .
country. In ^ of the
case
claims. ture conflict with another
Commissioner
.layaan Islands adverted to by
MR. OPLE. Mr. Presiding Officer. kaV, there is no claim to
speak of We are
Islands^
.session of the Kalayaan
MR. ABUBAKAR. May have the floor, Mr. Presid- under the royi f^Coiern-
I vernments existing there
compnsmg the South-
ing Officer? mt of Palawan and Region IV
a Tagalog region. This is
MR. OPLE. Yes, I will wait.
territories that may be con P .
her
or legal title including âbah
jtoric right
MR. ABUBAKAR. Thank you. very^j^port
.rianas Islands. I think it fe, ^
So, us then wait and abide by the previous pro-
let
vision “by historic right or legal title” without any

The Floor
(Mr. Suarez).
definition as to what territories are included in this THE PRESIDING OFFICER
historic right. Leader is recognized.
I ask that Com-

MR. NOLLEDO. With due respect to the Gentleman, MR. RAMA. Mr. Presiding Officer,
to in erpe
I beg to disagree. missioner Maambong be recognized
THE PRESIDING OFFICER (Mr. Suarez). The we can even determine whether they are natural-born
Honorable Maambong is recognized. or not. In this way, we can even grant them citizenship.
MR. MAAMBONG. Mr. Presiding Officer, will the dis- MR. NOLLEDO. That is right,
tinguished sponsor yield to a few questions?
MR. MAAMBONG. I will now proceed to the meat of
MR. NOLLEDO. Yes, gladly. my question.
MR. MAAMBONG. The sponsor will probably agree MR. NOLLEDO. On the basis of the premises laid
with me that this problem or this issue on national down, Mr. Presiding Officer.
territory is very closely tied up with the issue on sover-
eignty. MR. MAAMBONG. Yes, we are now talking of the
national territory comprising the Philippine Archipe-
MR. NOLLEDO. Yes, I agree. lago.
Would the sponsor say that the term “Philippine

MR. MAAMBONG. Mr. Presiding Officer, I do not
Archipelago” is too broad and too general that it defies
claim to know much about public international law but
the element of specificity when it comes to the exercise
what little I know from my former professor, then Chief
of sovereignty of a certain state over a certain part of
Justice Concepcion, is that when we talk of a territory
the world?
of a country, we have to be specific about it. Will the
sponsor agree with that, Mr. Presiding Officer? Would not be more proper if we can relate this,
it
for example, to the previous definition of territory in

the 1935 Constitution which talks of the Treaty of Paris
MR. NOLLEDO. I should qualify, because if we or something and the metes and bounds are clearly
specify the islands that would form the territory of
all
identified?
our country, it might happen that we might leave out
other islands that should also belong to our territory.
MR. NOLLEDO. do not think so. I think the Com-
I
missioner is influenced by the statements of Commis-
MR. MAAMBONG. Yes, Mr. Presiding Officer. I will, sioner Bernas in his book where he said, “What or
therefore, clarify the matter by propounding some more where is the Philippine Archipelago? ” Then that
questions on the issue. When I talk about the relation- particular article, however, gives no point of reference
ship between territory and sovereignty, I am actually
that can delineate the exact location of these islands and
talking about the situation that when a state claims
waters. I give emphasis to the word “exact.” On its facq
sovereignty, it claims sovereignty actually on two
therefore, the article does not serve as a definition of
things: one, the territory, and the other, the persons
national territory.
and things within the territory. And when we talk about
sovereignty, we are also talking about effective exercise I would agree with him he stops there, but with
if
of sovereignty in the sense that if the state, for in- reference to the pertinent provisions of the Treaty of
stance, the Philippines, claims ownership over Taiwan Paris, explanations of which I have already read, then
by just saying that Taiwan is hers, that is a hollow claim the observation would instead seem to weaken.
because we really do not have effective control over
Taiwan and we do not have jurisdiction over the persons MR. MAAMBONG. The sponsor is referring to the
living in it. Is that clear enough, Mr. Presiding Officer? book of Commissioner Bernas. I have wanted very much
to have a copy of that book, but it is too expensive
MR. NOLLEDO. Yes, it is very clear. I believe the now. And this, of course, is an indication that I need a
Gentleman is talking of the doctrine of effective control free copy.
as recognized by public international law. Anyway, us go to another point. Actually* the
let
reason a certain principle of international law indicates
MR. MAAMBONG. Yes, precisely, Mr. Presiding Of- that we have to be specific about our territory is that it
ficer.
can cause confusion in the sense that if we are not speci-
When we say we have sovereignty over persons that fic, some other country may also claim jurisdiction over
means that whether these people are citizens or not does that territory. Thus, could really cause war when two
it
not really matter. They still owe allegiance to the state countries both claim a certain parcel or portion of an
who owns the territory. island in the world. Does the sponsor agree with me on
that principle?
MR. NOLLEDO. That is right.
MR. NOLLEDO. The principle of specificity, what-
MR. MAAMBONG. And connection, if I may
in that ever it means, is already weakened because of the
refer later to the committee report of Commissioner existence of different organs of the United Nations,
Bernas, when we have effective control of the citizens particularly the International Court of Justice. Before
the United Nations was established, I would have MR. NOLLEDO. In that connection, I would like to
agreed with the Commissioner that the principle of quote again the very studious Ambassador Juan Arre-
being specific was important in the light of the doctrine glado. He said that the people of Sabah are dissatisfied
of effective control by the state, which means the state with their administration. Here, I do not mean that we
could only define its territory if it had effective control foment the dissatisfaction or struggle within the state of
over the territory. But even granting, without admitting, Sabah. But the Ambassador said:
that the boundaries set forth in the Treaty of Paris
Who knows, someday they might sever their connection
which I consider binding upon other states of the world especially
with Malaysia and join the PhiMppines, after all,
should be taken into account, I think that should those
if they like the President of the Philippines.
boundaries be violated by third parties, then we can
always ask for the intercession of the United Nations —
MR. MAAMBONG. I think we have clarified the
first through the Security Council, then, perhaps, we
point that Sabah is not under our effective territorial
can appeal to the General Assembly. Finally, if both
control and the inhabitants thereof are not under our
parties agree, they can submit the question to the
control.
International Court of Justice.
I will just go to another point. Does this phrase “his-
toric right or legal title” violate the principle which I

MR. MAAMBONG. I thank the Gentleman for the
explanation. But in order not to prolong my questions,
mentioned earlier that the territory of a state should be
specific under the doctrine of specificity of territory?
I think we should delimit our discussion on the word
“sovereignty” and the phrase “claim of sovereignty.”

Are these two different things? MR. NOLLEDO. Pardon me, object to that word
I
“violate.” First of all, I do not find any legal basis for

MR. NOLLEDO. We can exercise sovereignty over that theory.
the boundaries set forth in the Treaty of Paris. If
that sovereignty could not be effectively exercised, MR. MAAMBONG. I am open to correction.
sovereignty over these boundaries would not be lost.
Moreover, ifother nations violate one’s territorial MR. NOLLEDO. That theory mere opinion of
is a
jurisdiction, then the aggrieved nation has the remedies professors of Constitutional Law like the Honorable
guaranteed and set forth in the United Nations Charter. Roberto R. Concepcion and myself. We invoke theories
that find no legal support even in international law. So
MR. MAAMBONG. I will go to another point. that theory, to the Commissioner’s mind, is valid, but
Much has been said about Sabah. Actually, I do not to my mind it is not. Hence, the Members of this Consti-
even know where Sabah is. Perhaps, the sponsor could tutional Commission should not be bound by that
help me. Is Sabah under our effective control in terms theory because we are working on a framework that is
of exercising actual sovereignty? consistent with the territorial integrity of the Republic.
We belong to an archipelago that is unique in many
MR. NOLLEDO. That ways, as compared to Indonesia which is also an archi-
is why we did not include the
pelago.
word “Sabah” in the definition. I personally believe that
the observations of the Honorable Ople are very note- of the
worthy. In the referendum conducted by the United MR. MAAMBONG. Considering the insertion
sponsor is
Nations among the people of Sabah, the people of phrase “historic right or legal title,” the
actually saying that when we put into the
Cons i u ion
Sabah opted to join the Federation of Malaysia. I feel
our national territory we do not really have to
be
that for practical purposes or by being pragmatic, we
trend o e
had to settle for the words “historic right or legal title” fic about it. I think that is the general
since we cannot exercise sovereignty over Sabah. It sponsor’s answer.

seems to me that the Honorable Ople has no objection
That is
to those words appearing in the definition of the MR. NOLLEDO. No, I do not mean that.
in one
national territory. already cross-examination. We can be specific
part and at the same time general in others.
MR. MAAMBONG. Just to leave this issue, we
how does the sponsor
should, therefore, agree that we have no effective terri- MR. MAAMBONG. Therefore,
torial control over Sabah, neither do we have effective specify “historic right or legal title”?
control or sovereignty over its inhabitants.
MR. NOLLEDO. I would like to give an exâmple. Our
MR. NOLLEDO. define
I agree. claim over the Philippine Archipelago as
Treaty of Paris can fall under both i„f+
MR. MAAMBONG. The sponsor agrees; he can still legal title. Our claim over certain islands
tha w
treaty con-
open the avenue for claims but not actually effective out in the Treaty of Paris as set forth in the
bta es an
sovereignty, only a mere claim. cluded in Washington between the United
Spain on November 7, 1900 can also fall under the will likewise set forth this same title in our new Consti-
category of legal title. tution in the face of unjustified threat to the sovereign-
ty of our internal and territorial waters posed in these
MR. MAAMBONG. So that I will not take much of modern times by economically self-centered nations of
the sponsor’s time, this “historic right or legal title” is the world, including the United States.
actually susceptible to interpretation. It can be inter-
preted to extend to whatever islands, depending upon MR. MAAMBONG. I thank the Commissioner for
4he person interpreting it using available documents. that quotation.
But is he actually saying that the Treaty of Paris is

MR. NOLLEDO. I would try to qualify the words now being incorporated in the present Constitution that
“depending upon the person interpreting.” It should
we are forming?
depend upon the competent authority who will inter-
pret the question based on documents that are available,
MR. NOLLEDO. Yes. If we delve into the records of
like the Treaty of Paris.
the 1971 Constitutional Convention, the words “his-
toric right and legal title” necessarily referred to the
MR. MAAMBONG. This is my last point.
Treaty of Paris and other related treaties that I men-
In this connection, I will have to overlap a little bit tioned here.
with the question of Commissioner Sarmiento. I have
here a quotation which says that it is not practical to MR. MAAMBONG. I am talking of the present
define the national boundaries of a state because a Constitution we are drafting.
constitution, being a municipal law, would anyway
have no binding effect on other states for which state- MR. NOLLEDO. When we adopted the 1973 Consti-
ment a country’s territorial limits can only be intended. tution, we necessarily referred to the Treaty of Paris and
On this statement, I would like to recall that in the other treaties that recognized our boundaries.
United States, they have omitted in their Constitution
MR. MAAMBONG. I am referring to the present
the definition of their national territory. I do not know
whether or not this was intentionally done. My point is: Constitution we are drafting.
Would the sponsor agree with that statement that a
fofo the last
constitution, being a municipal law, has no binding MR. NOLLEDO. We have not adoptedjw
in the ons
the definition embodied
i-
effect on other states? entence —
Commission
like this
to know that it is
ution. I would
he intention of the Committee - and I hope it wdl also
MR. NOLLEDO. vigorously disagree. While it is true
I >e the intention of this
Commission - that the Treaty
that the constitution a municipal law, the constitution
is if Paris and the other treaties related thereto should
refers not only to the particular provisions
of that
constitution but also to previous treaties.
my have quesUon: I
I would the Commissioner to know that the
like MR. MAAMBONG. This is last
an
Treaty of Paris is a treaty sanctioned by public inter- read several books about the 1935 Constitution
from my readings, found out that the reason we in-
national law. With the kind indulgence of the Members
dicated a provision on the National Territory was to
of this Constitutional Commission, may I recall what I
stated in my opposition remarks on the motion to prevent dismemberment of our country by the
States. All of us will probably recall that our
1935
delete the definition of the national territory in the
the sense
1971 Constitutional Convention. I said that the Treaty Constitution was a very unique document in
the
of Paris of 1898, entered into between two maritime that it had to be approved by the President of
national terri-
powers of the world, the United States and Spain, fixed United States. And considering that the
tory was clearly indicated therein, it actually became
a
the international limits of our waters. Our claim over
these waters is predicated upon Spain’s title held contract between the United States and our country.
unchallenged across a colonial span of more than three According to the book of Sinco, the only purpose for
inserting that provision on the national territory was
no
centuries, except in sporadic but few instances during
bind the
that period by the other nations of the world. It was really to define our national territory but to
this title that Spain

ceded to the United States in the United States, upon the signature of its President, in
Treaty of Paris — a title recognized by the United terms of contract and to prevent dismemberment of
States’ Congress through pertinent provisions of the
our country.
Hare-Ha wes Cutting Act and the Jones Law. It was this If that is a correct statement, would it not support
title which we set forth in our 1935 Constitution, rati- the theory that, if it were not for that consideration,
fied by 1,200,000 Filipinos, and it was also this title this provision on the national territory in the 1935
that the United States, admittedly a great world power, Constitution would never have been there? And so in
relinquished in favor of the Republic of the Philippines our present formulation we are not bound to put a
on July 4, 1946. I fervently hope that this Commission similar provision on National Territory because the con-
sideration which prevailed in 1935 is no longer existing biggest powers — the United States, Russia and England
today. That is my last question. — had a number of reservations. Sometimes they would
agree on the principle but would try to insert certain
MR. NOLLEDO. Perhaps, Commissioner Maambong qualifications which were not acceptable to others. In
would like to add some more to those statements. fact, I think England and France — the big sea powers —
did not vote in favor of the Convention on the Law of
MR. MAAMBONG. Yes. the Sea. They enacted their own laws but, in effect,
accepted most of the principles on the Law of the Sea
MR. NOLLEDO. There was fear that Mindanao might with qualifications aimed at protecting their particular
secede from the Philippines and so it was desired that problems insofar as the provisions of the Law of the Sea
Mindanao be included in the definition of the national were concerned.
territory. I would say that -the consideration for the
Because of this fact, I assumed that the one who
inclusion of the definition of national territory in the
drafted the 1973 Constitution incorporated the provi-
1935 Constitution has attained a heightened significance sion that is found in the last part, that is:
during our present time because of the many secessionist
The waters around, between, and connecting the islands
movements now existing in Mindanao. Hence, there is a
need to define our national territory to assert the terri- of the archipelago, irrespective of their breadth and dimen-
sions, form part of the internal waters of the Philippines.
of the Republic of the Philippines and to
torial integrity
show all the nations of the world that we want to be
to Prior to declaration, “internal waters” were
this
maintained as one territory as contemplated in the 1935 considered as only those entirely within the territory
and 1973 Constitutions, and, if possible, to add some like Laguna de Bay. Thus, we had no sovereignty out-
more to that territory and also to discourage any at- side of the territorial waters. do We have certain rights
tempt to secede Mindanao from our national territory. with respect to the territorial waters, but that was about
The consideration exists now and it will exist even in the end of it.
the near future.

Insofar as the archipelagic doctrine is concerned,
my
understanding was that those who favored it presented
MR. MAAMBONG. Thank you. Commissioner around these islands.
Nolledo. relief maps showing the seabeds
Thank you, Mr. Presiding Officer. the
They showed that all these tiny islands surrounding
Philippines were part only of one range
of mountains.
MR. RAMA. Mr. Presiding Officer. only part of
That was the basis for their claim that being
an archipe-
THE PRESIDING OFFICER What is one mountain range, such islands constitute
(Mr. Suarez). to determine
the pleasure of the Floor Leader? lago. The problem then was principally
what an archipelago is.
MR. RAMA. I ask that Commissioner Concepcion be But then, view of the qualified vote of the big
in
recognized. with the
powers, it is necessary to stress that in line
of nations,
majority vote of the members of the family
the presiding OFFICER (Mr. Suarez). Commis- we should insert the definition or the substance
of the
so
sioner Concepcion is recognized. archipelagicdoctrine as a notice to the whole world,
we will be able to say:
MR. CONCEPCION. Thank you, Mr. Presiding Of-
have this vote of the majority. While
you may be
ficer. Well, I
we have incorporated the
the most powerful, just the same,
I do not propose to discuss the merits of the declara-
definition into the Constitution.
tion. However, the observations made by Commissioner
Sarmiento and the latest observations made by Commis- That is all I can say about this matter.
sioner Maambong touch on the question of motivation. Thank you, Mr. Presiding Officer.
Why?
very much. Commis-
Ibelieve that one of the main considerations for the MR. NOLLEDO. Thank you
insertion of a National Territory provision in the 1973 sioner Concepcion.
Constitution was to incorporate the archipelagic doc-
Mr. Presiding Officer, for over 10 years, our The Floor
trine.
THE PRESIDING OFFICER (Mr. Suarez).
delegates to the Convention on the Law of the Sea recognized.
Leader is
fought a battle for the incorporation of this archipelagic
doctrine. There were other matters that delayed the Davide be
MR. RAMA. I ask that Commissioner
approval of the Law of the Sea, one of which had to do
with how to organize a body that will supervise the recognized.
implementation of the said law.
Suarez). The
Eventually, the majority of the number of votes THE PRESIDING OFFICER (Mr.
Honorable Davide is recognized.

necessary to approve the Convention were cast. But the
276 MONDAY, JUNE 30. 1986
MR. DA VIDE. Thank you, Mr. Presiding Officer. With respect to territorial waters which are con-
Would the sponsor sidered national waters, in the opinion of Ambassador
yield to some questions?
Arreglado, it seems to be not exactly binding because
these are waters over which the Philippines had acquired
MR. NOLLEDO. With pleasure.
title under the Treaty of Paris.
MR. DA VIDE. At the start of the sponsorship, read

into the records of the Constitutional Commission was
MR. DAVIDE. The territorial sea is actually the sea
the position paper of Ambassador Arreglado, more

• beyond 12 nautical miles from the archipelagic base
line.
specifically on the reference on the Convention on the
Law of the Sea. My question is very specific: Would the MR. NOLLEDO. Yes.
Committee now accept the theory of Ambassador
Arreglado insofar as the area under the Convention on MR. DAVIDE. The exclusive economic zone as
the Law of the Sea is concerned? prescribed and defined under the Convention on the
Law of the Sea is 200 nautical miles computed from the
MR. NOLLEDO. That question seems to be very archipelagic base line. Would the Commissioner not
vague in the latter part since Ambassador Arreglado agree?
does not like any reference to the Law of the Sea in the
MR. NOLLEDO. Yes, I agree.
definition of our national territory.
MR. DAVIDE. So, necessarily, the area within the
MR. DA VIDE. Precisely, does the Committee believe territorial jurisdiction of the Philippines under and by
in that? virtue of the Convention on the Law of the Sea would
be tremendously increased?
MR. NOLLEDO. Commissioner Davide reframes
If
the question by asking: Does the Committee believe in
MR. NOLLEDO. In some parts of the definition.
the opinion of Ambassador Arreglado, then I will

MR. DAVIDE. Not in some parts, but in all parts.
answer that. Is that what the Commissioner means?
MR. NOLLEDO. But not with respect to the bounda-
MR. DAVIDE. That would be practically the same. ries set forth in the Treaty of Paris. If one talks of 320
miles or 150 miles, and we specifically refer to the east
MR. NOLLEDO. Yes, answer it this way: I am
I will coast of Luzon, then the Gentleman’s contention might
not binding the Committee because it seems to me the
be subject to question.
Committee was not fully influenced by the opinion of
Ambassador Arreglado because of the inclusion of the MR. DAVIDE. The 320 miles was not actually based
last sentence of the definition which was taken
from the on the archipelagic doctrine. But if we base it on this
Davide resolution. However, without binding the Com- doctrine, that would be expanded far more because the
mittee, I would personally agree with the observations archipelagic doctrine is from the archipelagic base line
of Ambassador Arreglado. and we have to consider the outermost islands of the
archipelago.
MR. DAVIDE. So, in other words, the opinion of
Ambassador Arreglado would not
MR. NOLLEDO. I would agree with Commissioner
any way diminish
in
Davide, if he is referring to the understanding of Senator
the original import of the resolution as approved by the
Tolentino before the treaty was ratified.
Committee?
MR. NOLLEDO. MR. DAVIDE. No, not that. But that is really the
It can diminish to a certain extent.
concept of the 1971 Constitutional Convention as
adopted in the 1973 Constitution where we adopted
MR. DAVIDE. To what extent would it diminish the
the archipelagic doctrine. And so, if we adopt the
meaning of the report of the Committee?
archipelagic doctrine, the 320 miles stated in the Treaty
of Paris would even be far exceeded.
MR. NOLLEDO. Ambassador Arreglado used the
term “national waters.”
He must be referring to the 320 MR. NOLLEDO. Where will it be measured?
miles east coast of Luzon and 150 miles west coast of
Luzon as set forth in the Treaty of Paris since he made a
MR. DAVIDE. From the archipelagic base line.
distinction between territorial sea and territorial waters.
The provisions of the Law of the Sea seem to be MR. NOLLEDO. What is the specific area of the
vague because of the reference to territorial sea. When archipelagic base line?
we refer to territorial sea, it is mandatory on the part of
the state or the archipelago concerned to respect the MR. DAVIDE. I would not really be in a position to
right of innocent passage or the right of setting up sea determine on the basis of the archipelagic doctrine,
lanes. because one has to consider the outermost points.
™
MR. NOLLEDO. We have set forth the base lines. We MR. NOLLEDO. not speak for the Committee.
I will
used the straight method as recognized by Republic But the Treaty of Paris has never been superseded even
Acts 3046 and 5446. by the 1973 Constitution. It seems to me that the
According to Senator Tolentino, we measure necessa-
Gentleman is implying that the 1935 Constitution,
mentioning the Treaty of Paris, has been modified by
rily the 200-mile limit from the base lines we have set
the 1973 Constitution. I would not even say then that
forth in these two Republic Acts. That is the observa-
the Treaty of Paris setting the boundaries of the Repub-
tion. If we follow that opinion, then we will be amend-
lic of the Philippines had been modified by the Con-
ing the 320 miles set forth in the Treaty of Paris. That is
vention on the Law of the Sea. On the contrary it ,
the observation of Ambassador Arreglado.
would be very unfortunate if we state the Law of the
Sea here by reference to the definition of the national
MR. DAVIDE. The Gentleman has presented that
territory.
map. Is that the same map that was shown by the rep-
resentative of the Bureau of Geodetic Survey?
MR. DAVIDE. We have here the proceedings of the
interim Batasang Pambansa when the UN
Convention on
MR. NOLLEDO. Yes. for ratification. I will
the Law of the Sea was presented
then
quote for the record the statement of the sponsor,
MR. DAVIDE. Did the Gentleman not remember that just to show that we
Assemblyman Arturo Tolentino,
this representative of the bureau admitted that they had PhUippines by no less than
will increase the area of the
not prepared the map of the Republic of the Philippines hope this will enlighten us in
93 million hectares. I
on the basis of the 1973 Constitution? This is found in the
treating this national territory.
volume 4,
Record of the interim Batasang Pambansa,
MR. NOLLEDO. Yes, on the basis of the 1973 quote:
page 708, and I
Constitution without mentioning the Treaty of Paris.
The economic zone is one of the new concepts
exclusive
in the Convention on the
Law of the Sea, as an additional
MR. DAVIDE. In other words, that bureau has not archipelago
is a belt around the
yet prepared a map of the Philippines in accordance maritime area of states. It
miles wide, measured from
with the definition of national territory as laid down in of not more than 200 nautical
the archipelagic base lines.

Like other states, the Philippmes
the 1973 Constitution? economic zone set forth
exclusive
has certain rights in this
in the Convention;
namely:
MR. NOLLEDO. I would say that should be qualified
rights for the purpose of exploring and ex-
in the sense thatperhaps they have not complied with 1) Sovereign
natural resources,
Republic Act 3046, as amended by Republic Act 5446. ploiting conserving and managing the
waters and the seabed
whether’ Uving or nonliving, of the
MR. DAVIDE. Precisely. and deep subsoil;
with regard to other activities for the

2) Sovereign rights
Mr. NOLLEDO. But exploration of the zone, such as
these Acts are municipal legisla- economic exploitation and
tions. They exist and are considered binding until the production of
energy from the water currents and
superseded. winds, and;
regard to the establishment and
use
3) Jurisdiction with
Mr. DAVIDE. Only for purposes of the domestic artificial islands,
instaUations and constructions
to
of
law. But we are now seeking to define what is really the research and the protection
and
marine and scientific
length and breadth of the national territory. environment.
preservation of the marine
of the Philippines measures
MR. NOLLEDO. As far as domestic law is concerned,
The exclusive economic zone
miles. The area that we have
I will agree with the Gentleman, but as far as inter- about 395 400 square nautical
national law is concerned, we have to refer necessarily clataW as OU, histo™ .erri.om^ ““t'
to the Treaty of Paris.
nautical miles.
would emphasize. It says “territorial sea,

MR. DAVIDE. The Treaty of Paris? Now, I
will continue:
just territorial waters.
I
•t
MR. NOLLEDO. the Treaty of Paris^

Yes, except for the 320-mile limit And that extending to the limits of
is
therefore, is bigger than
the
counted from the base line as defined in our municipal The exclusive economic zone,
nautical miles which is
legislations. territorial sea by 132,100 square
will
hectares. The Philippines
equivalent to 45,211,225
MR. DAVIDE. Regarding the Treaty of Paris, would Uving and nonhving, m
entitled to all the resources,
we, therefore, refer to the definition of Philippine terri- the seas around the archipelago.
vast additional area of
tory as defined under the 1935 Constitution? Is that
therefore, mamtain that we
the position of the Committee, that we will rewrite the Would the Gentleman,
of the exclusive
1935 Constitution? ouW not include the area consisting
economic zone simply because we are afraid that under of the Philippines, because the basis for the measure-
the Treaty of Paris we might be losing certain areas ment of the 200 nautical miles is from the archipelagic
when, on the contrary, we will be increasing that base line, and not just the original concept.
particular area?
MR. NOLLEDO. That is why I am asking the Gentle-
MR. NOLLEDO. think I was misunderstood. I
I man how he defines an archipelagic base line.
would like to explain to the Gentleman. As already
stated by Commissioner Regalado, the things that the MR. DA VIDE. Now, my final question, just for clari-
Commissioner has been talking about are now governed fying the record; The next generation of Filipinos — our
by existing laws — municipal legislations. grandchildren, great grandchildren, and so on — can still
claim Sabah. And this Article on National Territory will
MR. DA VIDE. These are not governed by existing be their constitutional and legal basis for such a claim.
municipal legislations. Am I correct?
MR. NOLLEDO. That is also governed by the Geneva

Convention of 1958. Actually, that was a reproduction, MR. NOLLEDO. Yes, if one uses the words “historic
and it did not add anything to the definition of the right or legal title.”
national territory.
MR. DA VIDE. That is the meaning there.
In connection with that, we can reconcile our views,
because one will findout that assuming we measure the Thank you, Mr. Presiding Officer.
200 miles from these base lines, because actually there is
a confusion of what territorial waters and territorial seas THE PRESIDING OFFICER (Mr. Suarez). What is
mean, and then we go to the other areas where there are the pleasure of the Floor Leader?
no lengths specified in the Treaty of Paris. Then the
Gentleman would be perfectly right, if we measure from MR. RAMA. Commissioner Concepcion would like to
the base line in this area, toward the Pacific Ocean and make one short statement in connection with the
the China Sea on the left side. I would agree with him previous interpellation.
because it would really expand the territory of the
Philippines as I explained in my sponsorship speech. But THE PRESIDING OFFICER (Mr. Suarez). Commis-
if we count from the base line downward enclosing sioner Concepcion is recognized.
the
Sulu Sea, we will be infringing upon the jurisdiction of
Borneo. One cannot measure anything else beyond 200 MR. CONCEPCION. Thank you, Mr. Presiding Of-
miles as permitted by the Petroleum Act and the Con- ficer.
vention on the Law of the Sea. So, I think, it can be stand here only to say a few words about the well-
I
reconciled in this way and this is very important. If we pointed remarks of Commissioner Maambong concern-
assume that the 320 miles will be infringed, that would ing specificity. It is really difficult to argue on these
not be so because of the reservation of. Assemblyman matters just by using words, but when the delegation of
Tolentino when he signed the Convention on the Law the Philippines batted for the archipelagic doctrine, they
of the Sea. And it runs like this — if the Gentleman does presented maps which I am sure are recorded in the
not mind, I would like to read: proper section of the United Nations organization. I
XXX Such signing shall not in any manner affect the sover-
have been in that particular section and had the oc-
eign rights of the Republic of the Philippines as successor casion to see a number of maps of the Philippines and
of the United States of America, under and arising out of its adjoining islands.
the Treaty of Paris between Spain and the United States of my

I have hands now an article by Justice Coquia,
in
America of December 10, 1898, and the Treaty of Washing- who was a member of the Philippine delegation, enti-
ton between the United States of America and Great tled, Development of the Archipelagic Doctrine, which
Britain of January 2, 1930. is a recognized principle of international law. Perhaps, in
In other words, Assemblyman Tolentino wanted to

justice to the University of the Philippines, I should say
reserve, as a way of understanding, that he was signing that this appears in the June 1983 issue, Volume 58,
the treaty on condition that the treaty limits set forth Second Quarter, of the Philippine Law Journal. I think
in the Treaty of Paris must be given full respect. And in if the Members of the Commission are furnished a copy
all other cases, as stated in the observations of Assem- of this sketch, much discussion could be avoided.
blyman Tolentino and as read by the Gentleman, the Thank you, Mr. Presiding Officer.
national territory would really be expanded. I would
say that the Gentleman’s view and my view can be THE PRESIDING OFFICER (Mr. Suarez). Thank
reconciled. you.
MR. DA VIDE. The expansion would be to the north, MR. RAMA. Mr. Presiding Officer, I ask that Com-
to the south, to the east and to the west of the Republic missioner Romulo be recognized.
THE PRESIDING OFFICER (Mr. Suarez). The territorial, is essentially the same as Article I on the
Honorable Romulo is recognized. National Territory.
MR. ROMULO. Mr. Presiding Officer, the Chair will MR. NOLLEDO. I would say so.
find my question refreshingly brief because the World
Cup is going to be shown at seven-thirty tonight. The MR. PADILLA. The second sentence that was intro-
firstquestion is: Does the term air space include air- duced or adopted by the 1971 Constitutional Conven-
waves? tion explains the words “internal waters.” But the first
sentence does not contain the term “internal waters”;
MR. NOLLEDO. That is a very interesting question. I
whereas the Revised Penal Code expressly mentions
said, claimed that airwaves belong to the people.
“interior waters.” In other words, while the second
it is
And, therefore, naturally, it must necessarily refer to

sentence of the 1973 Constitution explains “internal
the people of the Philippines. Airwaves above us should
waters,” there is no mention of “internal waters” in the
belong to the people of the Philippines and not to the
first Does not the Gentleman think that we
sentence.
State. There is an opinion to that effect, but with
should include “interior or internal waters” or “inland
respect to air space above us, the mle in international
waters” in the first sentence so that the second sentence
law and followed apparently by the Law of the Sea,
would be an explanation of the terms “internal, interior
will be up to the point where we can have effective
or inland waters”?
control — no limits.
MR. NOLLEDO. It is a very good observation, but
MR. ROMULO. So, the Gentleman is saying that the when we did not mention “internal waters” in the first
term “airwaves” is not included in the term “air space.” was because of the use of the term Philip
sentence, it
Am I correct? pine Archipelago.” So we put there “with
all the islands
in waters embraced therein.”

As I already stated, ac-
MR. NOLLEDO. That is highly technical; I am not an Arreglado,
cording to the observations of Ambassador
expert on that. I would not conclude it that way, but big basin. So
our country is considered just as one
from a layman’s point of view, it should be included in “archipelago,” we did
because of the use of the word
the air space. But because of its peculiar functions, and
not mention the words “internal
waters” anymore.
as claimed by technical experts that they belong to the
people, my conclusion would seem to jibe with the Article 2 of the Revised Penal Code
MR PADILLA.
mentions “Philippine Archipelago, including
conclusion contemplated by the Gentleman’s question. its
also
waters and maritime zone. 1 he
atmosphere, its interior
MR. ROMULO. Thank you. was recommended by the Committee.
third sentence
Just so I understand this Sabah question, is it the
position of the Committee, rather than the individual MR. NOLLEDO. Yes.
Members, that we should retain or drop the Sabah claim
insofar as the government is concerned as opposed to MR PADILLA. Why does it start with “Sovereignty
the private rights of parties?
T Jurisdiction of the Philippines”?
Why do we not just
av THE NATIONAL TERRITORY SHALL
ALSO
Mr. NOLLEDO. The members of the Committee are 'XTEND OR INCLUDE THE STRAITS CONNECT-
say ITS TERRI-
divided. That is why we did not include Sabah in the ING THESE WATERS? Why not
definition.We, however, agreed in principle that any ORIAL WATERS WITH THE ECONOMIC
ZONE
claim over Sabah or any other territory should fall ROVIDED IN THE CONVENTION ON THE LAW OF
under the words “historic right or legal title.” We have
not decided on that.
That a matter of style. I agree
MR NOLLEDO. is
Mr. romulo. Thank you. with the Vice-President. He may present his amendment
at the appropriate time.
MR. RAMA. Mr. Presiding Officer, as our last inter-
pellator, ask that Vice-President Padilla be recognized. the Article already
that
I
MR. PADILLA. I realize
Philippines has sovereignty or
ites “over which the
THE PRESIDING OFFICER The third sentence stresses sover-
(Mr. Suarez). risdiction.” But then the
are talking of the national
honorable Vice-President Padilla is recognized. ?nty or jurisdiction when we
MR. PADILLA. Thank you.

We can amend it at the appro-
Article 2 of the Revised Penal Code mentions, “with- MR. NOLLEDO. Yes.
in the Philippine Archipelago, including its atmosphere, priate time.
its and maritime zone.” I suppose this
interior waters
mentions terri-
MR. PADILLA. The last point is, it
short statement of our national territory, where the
Revised Penal Code applies, because it is general and torial sea, then the air space, the subsoil, the seabed, the
insular shelvesand other submarine areas. Are not the MR. NOLLEDO. Yes. I agree with the observations.
later phrases extensions of the term “territorial sea”
rather than territorial air space, because if we talk of the MR. PADILLA. Thank you very much.
air space — the atmosphere — then there is no direct
connection with the seabed, insular shelves, and so MR. NOLLEDO. We are amenable to amendments.
forth?
THE PRESIDING OFFICER (Mr. Suarez). What is
MR. NOLLEDO. I think this is also a matter of style. the pleasure of the Floor Leader?
The observation is well-taken.
MR. PADILLA. I was going to suggest that we
probably say TERRITORIAL AIR SPACE OR ATMOS- MR. RAMA. I move that we adjourn
the session until
PHERE. Now, I do not know whether the term “sub- tomorrow at five o’clock in the afternoon.
soil” refers to land or land below the sea. If it refers to
land below the sea, then after the phrase AIR SPACE THE PRESIDING OFFICER (Mr. Suarez). The
OR ATMOSPHERE, we transpose “the sea.” Then all session is adjourned until tomorrow at five o’clock in
these subsequent phrases— seabed, insular shelves, etc.— the afternoon.

would refer to the sea rather than to air space. It was 7:09 p.m.
TUESDAY, JULY 1, 1986 281
R.C.C. NO. 21
Tuesday, July 1, 1986
OPENING OF SESSION We pray that each one of us with enough

You imbue
At 5:13 p.m., the President, the Honorable Cecilia patriotism and sense of history to realize the sacredness
Munoz Palma, opened the session. and importance of our present task and mission so that
we may cast aside personal and partisan interests and
THE PRESIDENT. The session is called to order. biases in favor of the long-term welfare of our country
and people.
NATIONAL ANTHEM pray that You give us - more especially the old-
We
timers in our midst - the strength
and the energy to
THE PRESIDENT. Everybody will please rise to sing withstand the rigors and the long hours of committee
the National Anthem. nights going over proposed
deliberations, the lonely
Everybody rose to sing the National Anthem. resolutions and ever-growing
volumes of propolis
all over the land. We
coming our way from all directions
we are trying very hard.
THE PRESIDENT. Everybody will please remain cannot read them all. Lord, but
through
standing for the Prayer to be led by the Honorable We pray that You grant us the patience to go matters
trivial
Regalado E. Maambong. long-winded discussions over seemingly
that, after all, it is our
Everybody remained standing for the Prayer. with the comforting thought
duty to listen and learn.
We pray that our fellow workers in this

You bless
MR. MAAMBONG. wish to acknowl-
First of all, I in assisting us
edge the kind words and prayers of Reverend Father ommission who labor day and night
laintain a level of
efficiency especially those who
Francisco Silva of Toledo City, Cebu, which provoked
my thoughts for today’s Prayer.
floor deliberations so
pray that You guide our
We
at we can accomplish
more by talking less, if this is at
PRAYER Guideus, likewise, to find the
possible.
correct room
assignments so that we will not spend
I
Dear God, as we are about to continue our delibera- r our committee

walking instead of doing.
tions, we pauseto reaffirm our faith in Your Divine uch time and effort
Providence, humbly praying that You intervene with safe from harm m our
We pray that You keep us
this land so that m ouf
Your power and wisdom in the affairs of this Consti- earnest
>eklv sorties all over
tutional Commission. of our people, we will directly
irch^for the true desires
We pray that each one of us with Your
You touch ar from them.
grace so that, individually and as a body, we may be
will prod us to finish our
made to realize our sacred responsibilities to our con- pray further that You
We
date with our tempers controllêd
science, our people and our country. For this purpose, ,rk on tL scheduled
H our sanity intact; and
when our work is over, that
divest us for a while of our preconceived beliefs so that
a document worthy of
ratifica-
we will have a ready ear for the views of others contrary shall have produced
be proud of,
m by our people, a documentfor.we
can all
to our own.
iocument really worth dying
We pray that You gift us with the humility and the You enlighten our minds
wisdom to genuinely listen to and discern the basic and A A we prav that
thVom OMne Light, so that each "jj

authentic yearnings of our people, bearing in mind the what
individual way, will have the courage to do
constant reminders that we are selected, not elected, so r
that We may be able to correctly interpret and translate

them into living articles of the fundamental law of our
land — a law which guarantees basic freedoms, just and ROLL CALL
fair to the people, allowing all to develop their talents, call
Secretary-General will
giving a voice to everyone, and especially caring for the THE PRESIDENT. The
weak. the roll.
282 TUESDAY, JULY 1, 1986
THE SECRETARY-GENERAL, reading: PROPOSED RESOLUTIONS ON FIRST READING

Abubakar . . . . . Present Natividad . . . . . Present*
Alonto . . Present* Nieva . . Present
Aquino , . Present NoUedo . . . . . . Present RESOLUTION PROVIDING IN THE BILL OF RIGHTS OF
Azcuna Ople THE NEW CONSTITUTION ADDITIONAL CONSTITU-
Bacani Padilla TIONAL RIGHTS OF AN INDIVIDUAL.
Bengzon . Present Quesada .... Introduced by Hon. Garcia.
Bennagen . . . . Present Rama Present
. . .

Bernas . Present Regalado .... Present
. .
Rosario Braid . . . Present Reyes de los . . . Present

Brocka . Present Rigos
Calderon . Absent Rodrigo.... . . Present
Castro de .... . Present Romulo .... RESOLUTION PROVIDING THAT NATURALIZED CITI-
Colayco . Present Rosales ZENS BE REQUIRED TO ASSIMILATE THEMSELVES
Concepcion . . . . Present Sarmiento . . . . . Present IN THE NATIONAL CULTURAL MAINSTREAM.
Davide . Present Suarez
Foz
Introduced by Hon. Villacorta and Sarmiento.
. Present Sumulong . . . . . Present
Garcia . Present Tadeo To the Committee on Citizenship, Bill of Rights,
Gascon . Present Tan Political Rights and Obligations and Human Rights.
Guingona .... . Present Tingson . . Present
Jamir . Present Trenas Proposed Resolution No. 326, entitled:
Laurel . Present Uka
Lerum Present
RESOLUTION TO INCLUDE A PROVISION IN THE NEW
.
Villacorta
Maambong Present
. . . .
CONSTITUTION TO THE EFFECT THAT THE ARMED
. . . .
Villegas
Monsod . Present
FORCES OF THE PHILIPPINES SHOULD NEVER BE
USED AS AN INSTRUMENT OF OPPRESSION AND
REPRESSION.
The roll call shows 43 Members responded to the Introduced by Hon. Suarez, Sarmiento, Jamir and
call.
Tadeo.
THE PRESIDENT. The Chair declares the presence of To the Committee on General Provisions.
a quorum.
NEW CONSTITUTION A PROVISION MAKING IT A
THE PRESIDENT. The Floor Leader is recognized. POLICY OF THE STATE TO PROVIDE FREE AND COM-
PULSORY ELEMENTARY, SECONDARY AND TER-
TIARY EDUCATION TO ALL CITIZENS OF THE PHIL-
APPROVAL OF JOURNAL IPPINES.
MR. RAMA. I move that we dispense with the read- Introduced by Hon. Suarez, Tadeo, Jamir and Que-
ing of the Journal of yesterday’s session and that we sada.
approve the same. To the Committee on Human Resources.
MR. RAMA. Madam President, I move that we pro-
NEW CONSTITUTION PROVISIONS INSURING THE
ceed to the Reference of Business. MUTUAL AUTONOMY OF CHURCH AND STATE.
Introduced by Hon. Bacani.
THE PRESIDENT. there any objection? (Silence) Is
The Secretary-General will read the Reference of Proposed Resolution No. 329, entitled:
Business.
RESOLUTION GRANTING AUTHORITY TO THE BARAN-
GAYS TO RETAIN A PORTION OF TAXES AND
REFERENCE OF BUSINESS OTHER REVENUES FOR INFRASTRUCTURE PUR-
POSES.
Resolutions on First Reading and Communications, the Introduced by Hon. Tingson.
President making the corresponding references: To the Committee on Local Governments.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI-
TUTION A PROVISION FOR A COMMITTEE ON AP- TUTION SECTION ELEVEN, ARTICLE VIII, OF THE
POINTMENTS WHICH SHALL SUBSTITUTE FOR THE 1973 CONSTITUTION, WITH MODIFICATION, PRO-
COMMISSION ON APPOINTMENTS IN THE 1935 HIBITING MEMBERS OF THE LEGISLATIVE BODY
CONSTITUTION. FROM HAVING FINANCIAL INTERESTS IN CONFUCT
Introduced by Hon. de Castro. WITH THOSE CF THE GOVERNMENT.
To the Committee on Constitutional Commissions Introduced by Hon. Trenas.
and Agencies. To the Committee on the Legislative.
RESOLUTION TO INCORPORATE IN THE DECLARATION RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI-
OF PRINCIPLES PROVISIONS ON THE RECOGNITION TUTION SECTION FOURTEEN, ARTICLE VIII, OF THE
OF WORKERS’ RIGHTS. 1973 CONSTITUTION, WITH MODIFICATION,
IN
ORDER TO ADD THERETO THE TERM “INTERNA-
Introduced by Hon. Aquino, Quesada, Villacorta and
Bennagen. TIONAL AGREEMENT.”
and Declaration of Principles. To the Committee on the Legislative.
Proposed Resolution No. 332, entitled: !*roposed Resolution No. 338, entitled.
CONSTI-
RESOLUTION TO INCLUDE IN THE BILL OF RIGHTS OF RESOLUTION TO INCORPORATE IN THE 1986
THE STATE TO
THE CONSTITUTION A PROVISION EXPLICITLY REC- TUTION A PROVISION REQUIRING
AND
OGNIZING THE. FREEDOM OF CONSCIENCE, BEUEF INSURE THAT PEOPLE’S ORGANIZATIONS
AUTONOMY,
AND ASSOCIATION OF FILIPINO CITIZENS. THEIR MEMBERS SHALL ENJOY FULL
SUR-
Introduced by Hon. Villacorta and Aquino. FREEDOM FROM ALL POLICE AND MILITARY
ACCESS TO
VEILLANCE AND HARASSMENT, FULL
To the Committee on Citizenhip, Bill of Rights,
INFORMATION ABOUT SECTORAL
AND PUBUC
and Obligations and Human Rights.
Political Rights
AFFAIRS.
by Hon. Tan, Bennagen
and Brocka.
Proposed Resolution No. 333, Introduced
entitled:
resolution to include in the bill of RIGHTS OF
Rights and Obligations and Human
Rights.
THE PHILIPPINE CONSTITUTION A PROVISION ON
THE CITIZENS’. RIGHT TO INFORMATION TO MAT-
entitled.
TERS OF PUBLIC CONCERN WHICH IS IN THE aposed Resolution No. 339,
POSSESSION OF OR IS WITHIN THE REACH OF RESOLUTION TO INCORPORATE IN THE 1986 CONSTI-
STATE TO
GOVERNMENT. TUtS5 A PROVISION REQUIRING THE peopi^’s
Introduced by Hon. Aquino. Cognize the rights and role of
SOCIAL FORCE,
ORGANIZATIONS AS A POTENT
ORGANIZA-
Political Rights and Obligations and Human Rights. INSuS^ FURTHER THAT PEOPLE’S GENUINELY m
TOnHm Z.E TO PARTICIPATE ENCOURAG-
POLICY-MAKING/FORMULATION AND
entitled:
tIeIR IN THE IMPLEMENTA-
RESOLUTION PROPOSING A SYSTEM OF MULTIPARTY ™nJSitoring and evaluation of laws,
AND MULTISECTORAL REPRESENTATION IN THE AND GOVERNMENT
POLICIES,
PROGRAMS.
national ASSEMBLY. and Brocka.
Introduced by Hon. Tan, Bennagen
Introduced by Hon. Monsod, Foz and Romulo.
To the Committee atizen^

No. 340, entitled.
)Osed Resolution
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- SE^
ESOLUTION PROPOSING TO
INCORPO^TE A
TUTION A PROVISION RESTRICTING THE USE OF
REFORM IN
NONRENEWABLE CULTURAL RESOURCES AND RATE SECTION ON AGRARIAN
LIMITING THEIR OWNERSHIP TO FILIPINO CITIZENS.
Suarez.
Introduced by Hon. Villacorta, Aquino and Uka. Introduced by Hon. Tadeo and
To the Committee on Human Resources. To the Committee on Social Justice.
Proposed Resolution No. 341, entitled: Introduced by Hon. Bennagen and Villacorta.
RESOLUTION TO INCLUDE IN THE NEW CONSTITUTION To the Committee on General Provisions.
A PROVISION PROVIDING THAT WHOLLY OWNED
AND CONTROLLED FILIPINO CORPORATIONS Proposed Resolution No. 348, entitled:
SHALL BE GIVEN PRIORITY TO THE ACCESS OF RESOLUTION TO INCORPORATE IN THE ARTICLE ON
DOMESTIC CREDIT FACILITIES. TRANSITORY PROVISIONS OF THE NEW CONSTITU-
Introduced by Hon. Suarez and Tadeo. TION A PROVISION REPUDIATING FOREIGN LOANS
CONTRACTED OR GUARANTEED BY THE PAST
REGIME WHICH DID NOT BENEFIT PUBLIC INTEREST
Proposed Resolution No. 342, entitled: OR THE GENERAL WELFARE.
RESOLUTION PROPOSING THE AFFIRMATION OF AG- Introduced by Hon. Davide, Jr.
RARIAN REFORM AS A FUNDAMENTAL ELEMENT
IN ACHIEVING SOCIAL EQUITY AND JUSTICE AND
Provisions.
THEREFORE MUST BE ENSHRINED IN THE DECLARA-
TION OF PRINCIPLES OF THE NEW CONSTITUTION. Proposed Resolution No. 349, entitled:
Introduced by Hon. Tadeo and Quesada. RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
To the Committee on Social Justice. TUTION CERTAIN GUARANTEES TO BONA FIDE
CANDIDATES FOR ANY PUBLIC OFFICE.
RESOLUTION TO PROVIDE FOR A SEPARATE ARTICLE
ON AGRARIAN REFORM AS A FUNDAMENTAL ELE- To the Committee on Constitutional Commissions
MENT IN THE ESTABLISHMENT OF A JUST, HUMANE and Agencies.
AND PROGRESSIVE SOCIETY.
Introduced by Hon. Tadeo, Aquino, Brocka, Villacor-
ta, Ople, de los Reyes, Quesada, Maambong, Ben- RESOLUTION TO INCORPORATE IN THE CONSTITUTION
nagen, Sarmiento, Garcia, Suarez and Gascon. A PROVISION THAT ONLY POLITICAL PARTIES,
To GROUPMENT, ORGANIZATION OR MOVEMEOT
the Committee on Social
WHICH HAS OBTAINED AT LEAST FIFTEEN PERCENl
Justice.
Proposed Resolution No. 344, entitled: OF THE TOTAL NUMBER OF VOTES CAST IN
CON-
RESOLUTION MAKING GOVERNMENT SERVICE A IMMEDIATELY PRECEDING ELECTION IN THE
CAREER FOR THE BENEFIT OF THE PEOPLE. STITUENCY TO WHICH IT SEEKS ACCREDITATION
O
SHALL BE ACCREDITED BY THE COMMISSION
Introduced by Hon. Tadeo.
ELECTIONS.
To the Committee on Accountability of Public Of- Introduced by Hon. Davide, Jr.
ficers.
Commissions
To the Committee on Constitutional
Proposed Resolution No. 345, entitled: and Agencies.
RESOLUTION TO INCORPORATE IN THE CONSTITU-
TION A PROVISION ON THE COOPERATION OF
CHURCH AND STATE.
resolution EXEMPTING FIFTY PERCENT
OF
GD
M
Introduced by Hon. Colayco, Trenas and Villegas. SALARIES AND OTHER EMOLUMENTS OF
MENT officials AND EMPLOYEES FROM
PAYMENT OF INCOME TAX.
Proposed Resolution No. 346, entitled: Introduced by Hon. Davide, Jr.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- To the Committee on General Provisions.

TUTION A PROVISION TO RECOGNIZE, RESPECT,
PRESERVE, PROTECT AND PROMOTE THE INDI- Proposed Resolution No. 352, entitled:
GENOUS INSTITUTIONS OF CULTURAL COMMUNI- RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TIES IN THE PHILIPPINE SOCIETY. TUTION AN ARTICLE ON THE TERM OF OFFICE
Introduced by Hon. Bennagen, Villacorta and Que- OF THE PRESIDENT AND VICE-PRESIDENT.
sada. Introduced by Hon. Guingona.
To the Committee on Human Resources. To the Committee on the Executive.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION A PROVISION ON ANCESTRAL LANDS FOR TUTION AN ARTICLE TO CREATE THE TANOD-
THE CULTURAL COMMUNITIES. BAYAN COMMISSION.
Introduced by Hon. Guingona. (Communication No. 86 — Constitutional Commission

of 1986)
ficers. To the Committee on the National Economy and
Patrimony.
Letter from the Government Association of Certified
Public Accountants, Albay Chapter, signed by Ms. Cata-
TUTION AN ARTICLE WHICH WOULD MAKE IM-
lina P. Orendain, submitting a position paper proposing
PEACHMENT PROCEEDINGS REALISTIC AND IM- Commission on Audit.
provisions pertaining to the
PLEMENTABLE.
of 1986)
ficers.
Agencies.

Resolution No. 86-2 of the Government Association of
RESOLUTION PROVIDING FOR THE EQUALITY OF Certified Public Accountants, Albay Chapter, proposing
WOMEN AND THE PROTECTION OF THE RIGHTS OF deletion of accounting powers, functions and
responsi-
WOMEN, CHILDREN AND THE FAMILY. bilities from the Commission on
Audit and transferring
Introduced by Hon. Villacorta, Aquino, Nieva, Uka, same to a separate agency under the Chief Executive.
Quesada, Tan, Monsod, Sarmiento, Rosario Braid (Communication No. 88 — Constitutional Commission
and Gascon.
of 1986)
To the Committee on Citizenship, Bill of Rights, Commissions and
To the Committee on Constitutional
Agencies.
Proposed Resolution No. 356, entitled: Conception Prayer Group

Letter from the Immaculate
RESOLUTION PROVIDING FOR HIGHER SALARIES FOR signed by Ms. Emilia G. Yu
submitting proposals for
decision-making procee
THE CHAIRMEN AND MEMBERS OF CONSTITUTION- maximizing the quality of the
AL COMMISSIONS AND PROHIBITING THE DE- ings.
CREASE OR INCREASE THEREOF. - Constitutional Commission
Introduced by Hon. Foz. of 1986)
To the Committee on Constitutional Commissions To the Steering Committee.
and Agencies.
Sculptors signed
jtter from the Society of Philippine
eight other members
Proposed Resolution No. 357, entitled: f Mr. Ramon G. Orlina and
provision for the creation of
questing a constitutional
resolution FIXING THE TEMPORARY OR ACTING guarantee a more humane,
national art institution to
and PERMANENT APPOINTMENTS OF A CHAIRMAN among others.
OR MEMBER OF A CONSTITUTIONAL COMMISSION ee and nationalistic art,
TO AN AGGREGATE OF NOT MORE THAN SEVEN :ommunication No. 90
YEARS. ri986)
Introduced by Hon. Foz. 0 the Committee on Human Resources.
To the Committee on Constitutional Commissions Commissioner Hilario G.
and Agencies. etter from the Honorable
Jr transmitting copies
of resolutions submitted
avide
rihe committee of the
Constitutional Côm^
COMMUNICATIONS hearing, jointly '^‘^h the
U.R
hich conducted a public by the
Letter from Mr. Domingo M. Guevarra, Sr., former •ouD in Cagayan de Oro City
on June 21, 1986,
Consultative Conference on
Constitutional Convention delegate, suggesting measures ayan-sponsored People’s
on the dignity of labor and vocational schools, among le Constitution (Northern Mindanao).
Commission
others.
;ommunication No. 91 - Constitutional
(Communication No. 85 — Constitutional Commission f 1986)
of 1986)
0 the Steering Committee.
etter from Mr. Salvador V. Abular
councils
Letter from Messrs. Ramon C.F. Cuervo III and Ramon orte, proposing that city/municipal
instead of councilo
F. Cuervo, Jr., submitting a position paper on foreign osed of elected barangay captains
investments and property ownership. ected at large.
(Communication No. 92 — Constitutional Commission validity of the claim of the Philippines over Sabah,
of 1986) further complicated by the unclear position of the Com-
mittee regarding Sabah. I refer to the phrase “by his-
toric right or legal title” which is included in the nation-
al territory proposal. Is the sponsor aware of the legal
Letter from Mr. Salvador O. Oco of Moonwalk Subdivi-
sion, Paranaque, Metro Manila, proposing that Sabah
grounds on the validity of our claim over Sabah, Mr.
Presiding Officer?
and the Kalayaan Group be included in the definition
of the national territory, among others.
MR. NOLLEDO. I stated the legal general grounds for
(Communication No. 93 — Constitutional Commission the claim during the first session when I sponsored the
of 1986) committee report. Perhaps the Commissioner may give
To the Committee on Preamble, National Territory, and additional grounds.
MR. RAMA. the sponsor aware of the chronology
Is
SUSPENSION OF SESSION of events on the legal grounds presented by the Philip-
pine government? Please permit me to relate: The
origin of Sabah belonging to the Philippines arose in
It was 5:35 p.m. 1850 when the Sultan of Brunei had some problem in
Brunei. There was a rebellion in that country so he
RESUMPTION OF SESSION called on his cousin, the Sultan of Sulu, to aid him. So,
the Sultan of Sulu sent a flotilla of Suluanos to defend
and save the Sultan of Brunei. In gratitude, the Sultan
Honorable Ricardo J. Romulo presiding.
of Brunei ceded North Borneo to the Sultan of Sulu.
This was confirmed by the fact that the original carpet-
THE PRESIDING OFFICER (Mr. Romulo). The
baggers in this area, Mr. Gustavus Baron de Overbeck
session is resumed.
and Mr. Alfred Dent, an Austrian and a British, went
to the Sultan of Brunei to try to lease North Borneo but
the Sultan told them that North Borneo, now Sabah, no
longer belonged to him because he had ceded it to the
Sultan of Sulu. Messrs. Overbeck and Dent tried to
negotiate with the Sultan of Sulu for the lease oi North
Borneo. The lease contract was drawn up and in it, it
CONSIDERATION OF PROPOSED was very clear that the word used was not “ceded” but
RESOLUTION NO. 263 “leased,” in Arabic “padjak.” There was a lot of con-
(Article on National Territory) troversy whether Sabah was ceded or leased because for
Continuation a long time the originaldocument could not be found.
The Sultan of Sulu contended that in one of his trips to
PERIOD OF SPONSORSHIP AND DEBATE Mecca, his copy was stolen in Singapore.
MR. RAMA. I move that we take up the Unfinished Fortunately, one of our colleagues in the Constitu-
Business, the continuation of the consideration of Pro- tional Convention of 1971 who was then with the
posed Resolution No. 263 on the national territory. We Foreign Affairs Department made a research on the
are in the period of sponsorship and debate. lease contract between the Sultan of Sulu and the North
I ask that the sponsor. Commissioner Nolledo, be Borneo Company which was composed of the suc-
recognized. cessors of Messrs. Overbeck and Dent. He found a copy
in the library or in the files of the State Department.
THE PRESIDING OFFICER (Mr. Romulo). Is there And true enough that copy which was furnished by the
any objection? (Silence) The Chair hears none; the British government to the State Department of the
motion is approved. United States confirmed the fact that it was a lease
contract and the word “padjak” has been confirmed as
Commissioner Nolledo is recognized.
leased.
MR. RAMA. Mr. Presiding Officer, I would like to During the period that it was under lease by these
interpellate the sponsor. two carpetbaggers, Overbeck and Dent, they turned over
the lease contract and all the rights of the lease contract
THE PRESIDING OFFICER (Mr. Romulo). The to the North Borneo Company.
Commissioner will please proceed. The here as pointed out by Senator
legal implications
Salonga who was the head of a panel on the talks on
MR. RAMA. Mr. Presiding Officer, it seems that there Sabah in representation of the Philippines are: Overbeck
is an unclear understanding of the legal grounds of the and Dent were private persons. Therefore, they could
not have acquired sovereign powers from the Sultan of MR. RAMA. Therefore, that phrase would include
Sulu. claims of territories including Sabah?
Overbeck and Dent turned over the rights to the
North Borneo Company which was also a private corpo- MR. NOLLEDO. We can claim under those words the
ration as confirmed by the British. It was a private cor- Gentleman mentioned.
poration; it never achieved a public mantle. So there
could not have been any sovereign rights transferred MR. RAMA. Thank you.
between the Sultan of Sulu to Overbeck and Dent nor Mr. Presiding Officer, I like to call on Commis-
would
to the British North Borneo Company. In other words, sioner Guingona who has registered to interpellate.
there was no transfer of sovereign rights. Those who would like to speak, please register with me.
Among the grounds pointed out is that in law and in With the indulgence of Commissioner Guingona, here
logic, a person who pays rental on a property cannot is an important information
from the Chairman of the
claim ownership to that property which is very obvious. Steering Committee.
The been stressed is that North Borneo,

fact that has
MR. BENGZON. This iscomply with the tech-
just to
Sabah and the government in Sabah had been
British
is a communica-
paying rentals to the Sultan of Sulu and his heirs up to nicality, Mr. Presiding Officer. There
Committee on the Executive to the
1950 thereabouts. As a matter of fact, there was a stop- tion sent by the
page of the payment but not because the British govern- Committee on Amendments and Transitory Provisions
through the Steering Committee. To
comply with the
ment disputed the authority or the title of the Sultan
communication be formal-
of Sulu, but because there was a dispute as to who were technicality, I move that this
Steering Committee to the Com-
the heirs of the Sultan of Sulu. That was the only dis- ly transferred by the
Transitory Provisions. It
pute. In other words, there was a continuous payment mittee on Amendments and
deletion from the new
of rentals and that is one of the reasons why we has something to do with the
provision granting presidential
presented our claim to North Borneo. Constitution of the
immunity.
Another thing to be pointed out here is that during
the talks in London, Jovito Salonga, who is an excellent Thank you.
international lawyer, was able to insert in their com-
(Mr. Romulo). Is there
munique — which was subsequently approved — “Sul- THE PRESIDING OFFICER
tanate of Sulu.” He used as an argument that, indeed, ,y objection? (Silence)
the British government recognized the sovereign powers otion is approved.
recognized.
of the Sultan as far as Sabah was concerned because Commissioner Guingona is
they have signed that communique which refers to the

Mr. Presiding Officer.
Sultanate of Sulu. That is why there was an agreement MR. GUINGONA. Thank you,
that after the talks in London, there would be further minutes so I will try to go as
I have been given ten
talks in Manila. But the British government, realizing the
st as possible.
blunder made by the chief legal officer, avoided any of a on
further talks in Manila. I offer no objection to the inclusion
proposed Constitution al
itional territory in the
for us, in drafting
With respect to the so-called referendum under the
ough I would underscore the need
flexible as possible so
that we
auspices of the United Nations, that referendum had provision, to be as
is
been questioned and disputed by the PhUippine govern- to any
cuM not ciose the door future e ther
ment because it was rigged. As a matter of fact, many of .vcrnment may wish to
make
those people who voted were illiterates who never knew
aims that are foreseen
now as well as claims that are
or
what the issue was all about. Is the Gentleman aware of foreseen The danger with an attempt to describe
these facts? that oftentimes, the description or
‘fine a territory is
the subject matter which
is
r JInds to limit
to the
be defined or described. I subscribe
MR. NOLLEDO. Yes, I am aware. I think the Gentle- uS‘ to Sarmiento and Maam-
man faithfully reproduced the facts that led to the 4 expressed by Commissioners
this provision
^^tuaUyîsâ
Sabah claim. mg in the last Lsion that
have no binding ef
unicipal law and would
Commissioner Maambong
MR. RAMA. Does the Gentleman agree with me that other states are concerned.
mentioned that there were
Member of he
and historic title, the legal title that he
this legal claim ting Leo
135 Constitutional
Convention
mentioned in the proposal, have some solid bases as far
national ^
^fêLse
as Sabah concerned? elusion of a provision on .
[
is
a municipal law and s
cording to them, being
effect on
MR. NOLLEDO. That was the intention of the Com- auld have no binding
value. May ^
mittee on National Territory of the 1971 Constitutional asion would have no practical
did not dis
at even those who favored the inclusion
Convention.
pute this assertion. They wanted the inclusion because either dominion or sovereignty over North Borneo and
they wanted to have some kind of an agreement be- categorically stated that sovereignty remains vested in
tween the government of the Philippines and the United the Sultan.
States, excluding other states, because* the President of
There is also the matter of the alleged sovereignty of
the United States, on behalf of the U.S. Congress, was
the British North Borneo Company based on an agree-
supposed to approve the Constitution after ratification.
ment which some claim to be cession and otliers claim
Those who favored the inclusion thought that the ap-
to be lease (padjak). This was brought about by the
proval would constitute some sort of a covenant be-
agreement entered into between the Sultan of Sulu and
tween the U.S. and the Philippines as far as the territory
Lord Overbeck, then the Consul General in Hongkong.
of the Philippines is concerned. This demand for in-
Overbeck, by the way, was not a British national; he was
clusion was caused by the efforts of some Members of
an Austrian but he later transferred his rights to a
the U.S. Congress to keep Mindanao and Sulu under
British merchant named Alfred Dent who subsequently
the dominion of the United States. And I have a ques-
formed a private company, as pointed out by our Floor
tion on this which I will ask just before my 10 minutes
Leader, called the British North Borneo Company. The
is due.
question that our Floor Leader raised is; “Can a private
The second item I would like to touch upon is the company acquire sovereignty over a territory under
matter of “legal title.” I would assume that the phrase international law? ” This is a question that has to be
“legal title” refers to territories which belong to the studied and answered with regard to the matter of
Philippines at the time of the adoption of this Consti- sovereignty.
tution, and also the territories that would belong to us
The third alleged sovereignty is the sovereignty of
in the future. But there are those who say that because
Great Britain, and the question that may be asked is:
we use “belonging to” and not the words “shall belong,” Does it arise or does it come about because of the
this might be subject to different and conflicting inter-
alleged cession of the so-called State of North Borneo
pretations or constructions. They suggest that we add at which was unilaterally formed in 1888 under British
the end of the first sentence the words “and such
protection, after which cession was effected. North
territories which the Philippines may hereafter acquire.” Borneo fell into Japanese hands and, therefore, control
The last point, Mr. Presiding Officer, is in connection over North Borneo was lost by the British North Borneo
with Sabah. would not favor the inclusion of Sabah
I in Company? Or does it refer to the annexation effected
the provision on national territory or in any provision in by Great Britain on July 10, 1946?
the Constitution because I believe that our claim to
There are some questions, there are many questions;
Sabah is quite doubtful. If we
include the word “Sabah”
as a matter of fact, that may be asked, but I will just ask
this would have the effect of taking the law into our
own hands. However, I would want to make it of record three of them.
that I believe the Sabah claim should not be abandoned;
Did the Sultan lose his sovereignty de facto and/or
and, therefore, this Commission should make it clear
de jure over Sabah after the January 1878 Agreement?
that our claim to Sabah may still be included under
the What is the legal nature of the agreement between the
expression “and all other territories belonging to the
Sultan of Sulu and Overbeck? And what is the extent
Philippines by historic right or legal title.”
of autonomy of Sabah within the Federation of
There are many issues still to be resolved, Mr. Pre- Malaysia?
siding Officer, and many questions that have to be
The point, Mr. Presiding Officer, is the matter of
last
answered. Even the word “sovereignty” very hard to
selt-determination. I had the opportunity to write on
is
define. As Kaplan and Katzenbach says:
this when I was a member of the Inter-University Com-
There no more confusing concept in international law
is mittee to study our claim on Sabah, and I said that the
than sovereignty.
It has been viewed indiscriminately in a general practice of the principle of self-determination is
number of different meanings by decision makers and a course of action which has been repeatedly followed
scholars alike. by states in the conduct of their foreign relations. Self-
There is the matter of the sovereignty of the Sultan
determination is not a special rule peculiar only in Asia,
Africa, America or Europe; it is a principle which is
of Sulu by virtue of the alleged cession by the Sultan of
universally accepted and followed. In fact, it has been
Brunei in 1 704. And
connection, we have the
in this
question as followed in bilateral and multilateral treaties and con-
and the period of existence of
to the nature
ventions, including the Potomac Charter, the Atlantic
the sovereignty of the Sultan of Sulu. May I, however,
Charter, the Pacific Charter, the Bandung Declaration,
quote a statement which shows that the sovereignty of
the Sultan of Sulu is recognized. This is found in Philip- the Universal Declaration of Human Rights, and even
the United Nations Charter.
pine Claims to North Borneo, Volume 1, page 23. In
answer to the Spanish and the Dutch protests to the There is no quarrel, Mr. Presiding Officer, about the
awarding of the royal charter in 1888, Lord Granville, matter of self-determination. Woodrow Wilson said that
the then British Foreign Minister, disclaimed any in- self-determination is not a mere phrase; it is an im-
tention on the part of the British Crown to assume perative principle of action which statesmen will hence-
.
forth ignore at their peril. But may I invite the honor- Finally, in answer to the statement that Sabah is
able Members of this Commission to the United Nations not linked as closely to the Philippines as Malaysia, I
General Assembly’s Declaration on principles of inter- would like to quote from the Manila Accord, Article
national law concerning friendly relations and coope- XIII. The Manila Accord was entered into by the Fede-
ration among states in accordance with its Charter on ration of Malaya, the Republic of Indonesia, and the
the right of peoples to determine their own political, Republic of the Philippines, and in Article XIII, they
economic, social and cultural development. This is took cognizance of, and I quote:
found in the very first article of this declaration, and I . the close historical ties between the people of the
. .
shall read, with your permission: Philippines and North Borneo as well as their geographical
propinquity . .
By virtue of the principle of equal rights and self-
determination of peoples ensluined in the Charter of And now may be allowed to ask the question that
I
the United Nations, aU peoples have the right freely to I wanted to ask the honorable proponent. Speaking
of
determine their development. Mindanao, what is the reaction of the Gentleman — and
I am not making this as a proposal but as an
explorato-
There is, therefore, need for free and consensual deter-
ry question — if the first part of the proposed provision
mination. There have been allegations — and I do not on the national territory be made to read as follows:
say that these allegations are valid or correct; I do not “The national territory comprises the Philippine Archi-
know — about the fact that there had been no free and pelago with all the islands and waters embraced therein
consensual determination and these allegations must be including the threemain geographical divisions thereof.
looked into. You have, for example, the fact that the
Mindanao, Visayas and Luzon”?
Philippines did not have an observer during the so-called
self-determination held in Sabah. There was also the fact answer that question,
MR. NOLLEDO. But before I
that this exercise of self-determination, which is similar
Vir.Presiding Officer, I would
my like to reiterate stand
to our electoral process, was shortened unilaterally from definition of the nation-
igainst the contention that the
six weeks to ten days. There is the statement contained
territory as recommended by the Committee on
1
in the Malaysia Official Yearbook
of 1969, and I quote: •reamble. National Territory, and Declaration of Prin-
liples is a legislation and has no prac-

mere municipal
Regular police and riot squads were in evidence every- statemen
vigorously disagree with such a
.
ical value. I
where during the U.N. -Malaysia Mission Survey. Buses,
the obsemtions of
trucks, and other vehicles were mobilized to bring hundreds In the last session, in answer to
the
of villagers from remote :ommissioner Maambong, I stated that
into the North Borneo capital.
areas
recommended by the Comm
;he national territory, as
the hgW of the m
Finally, and most important of all, at the time of :ee, should be read and understood
the so-called self-determination, North Borneo or Sabah /ê Trea y of
nternational treaty limits set forth
was a colony of Great Britain. As we know, Great Britain contemplated the
i*aris and other limits
was a strong objector to the Philippine claim to Sabah have the force of la
1900 and 1930. These treaties
and had openly engineered the inclusion of Sabah into interna ion
wen from the point of view of ^
these
the Federation of Malaysia. If these allegations were [ think that is very important because
proven to be true — and I would like to emphasize that existed for a considerable length
of tme
I do not say - they are binding upon other
they are true - then perhaps we cannot period of time that
blame those who have made the allegation that they sus- 0S
I have no
pect, to say the least, that the so-called self-determina-
So, answer the Gentleman’s question.
will
sta ed m
I
tion process was, if I may borrow the words alleged to Mindanao he
objection if Luzon, Visayas and
have been used by Marcos, nothing more than a moro- territory. The Gentleman
the definition of the national
moro. What I am asking is that there should be a tho- later on and I will
:an present that as an amendment
rough, Unbiased and searching evaluation of all the appropriate action.
submit that to the Commission for
issues and all the questions regarding this claim. This
was not done by the Marcos administration; neither has MR. GUINGONA. Thank you.
it been done
by this administration for obvious reasons
because this administration has only taken over the reins MR. RAMA. Mr. Presiding Officer.
of government for a few months. I say let us give this Presiding Of-
MR GUINGONA. Just a reaction, Mr.
administration and perhaps other administrations time
ficer, about the nonbinding effect
of the provision.
to study and evaluate, to make a thorough, unbiased precisely ®hows
and searching evaluation; and if the government finds The treaty cited by the Gentleman
that our dependent on the trea
legal title is ,
that our claim is not valid, then so be it. But if our e
iway the treaties, the territories that wil
government is able to find evidence to support our meaning es .
Dr included in the provision would be

claim, then the territory of Sabah belongs to the Philip- provision
it is precisely the treaties, not the
pines. And I say that neither the government nor this tern on
Constitution, that give us the title to these
Commission has the right to give up any territory which
belongs to the people of this country.
MR. NOLLEDO. I thank the Gentleman for his ob- MR. NOLLEDO. Because of the word “specifically”
servations. in the Commissioner’s question, the answer is no.
MR. RAMA. Mr. Presiding Officer. MR. OPLE. Thank you.

The second question is: Is there anything in this pro-
THE PRESIDING OFFICER (Mr. Romulo). The vision that incompatible with the decision announced
is
Floor Leader is recognized. by the Philippine government in 1977 on the occasion
of the Summit Meeting of the heads of government of
MR. RAMA. I now ask that Commissioner Ople be the Association of Southeast Asian Nations in Kuala
recognized to interpellate. Lumpur renouncing the Sabah claim?
THE PRESIDING OFFICER (Mr. Romulo). Mr. MR. NOLLEDO. None.
Floor Leader, may I ask a question?
Mr. Floor Leader, I note that the Gentleman has been MR. OPLE. Thank you.
agreeing to a time limit for each speaker, is that The third question is: Although the issue of whether
correct? this is a municipal law or something more than a
municipal law binding on the international community,
MR. RAMA. Yes, that is correct, Mr. Presiding Of- there is no question in my mind that the definition of
ficer.
our national territory is not lightly or frivolously done.
A territorial provision will have to be backed up by the
THE PRESIDING OFFICER (Mr. Romulo). The nation that adopts this Constitution now and at certain
Chair would be very happy to act as the timekeeper, if times in the future. The possibility of backing up the
the body wishes, to gently remind the speaker when his claim with armed force, which is a kind of sacred com^
time is up. I may override the microphones below if mitment of the nation to the defense of its own territo-
need be. ry and the pursuit of what it believes to be a just claim,
So, is the Floor Leader in agreement that I shall can mean committing the lives of Filipinos, whether of
gently remind him when the 10 minutes is up? this generation or of coming generations to an enter-
prise which is being sanctioned right now by implica-
MR. RAMA. Yes, Mr. Presiding Officer. tion and by principle in this territorial provision of the
1986 Constitution. Does the sponsor subscribe to that?
THE PRESIDING OFFICER (Mr. Romulo). Commis-
sioner Ople is recognized.
MR. NOLLEDO. Yes, I fully subscribe.

MR. OPLE. According to the intent of the Commit-
I am sure it is a coincidence that this warning
from may I therefore know whether or not there are any
tee,
the Chair was delivered at the precise time when I was
aggressive intentions against other countries that are
going to claim my And
absolve the Chair from
time. I built into this territorial provision? May I also remind
any suspicion that this was a deliberate choice of time. the sponsor about the scandal of the Jabidah massacre.
Thank God, that was aborted. It could have brought this
THE PRESIDING OFFICER (Mr. Romulo). Thank country into a state of war with another country on
you. assure the
I Commissioner that it is purely co- claims that were revealed to be less solid, less substan-
incidental. tial, and less sacred than they were originally purported
to be after the most intensive and careful deliberation

MR. OPLE. Thank you, Mr. Presiding Officer. by competent authorities in our government. If that
I have just a few questions requiring an answer of yes were not aborted, that would have been an utterly
or no. irresponsible act of adventurism that would have
Will the distinguished sponsor yield

menaced the lives of many Filipinos for a cause, the
to some ques-
clarity and the sanctity of which had never been fully
tions?
estabished.
MR. NOLLEDO. With pleasure. That is the reason I put that question. I am sure the
sponsor will deny and disclaim any implication that we
MR. OPLE. gather that the Committee has chosen
I have any aggressive intentions towards any neighbor of
to retain the language of the territorial provision of the the Philippines under this clause “historic right and legal
1973 Constitution except for an amendment by addi- title.” Is that correct?
tion.
Referring now to the clause “historic right and legal MR. NOLLEDO. Yes, but I think our country is com-
title,” may I know if this the Committee refers specific- mitted to the peaceful settlement of disputes as con-
ally to Sabah? templated by the UN Charter.
MR. OPLE. Yes. We are a signatory to any number The Chair commends the distinguished Commissioner
of international covenants which proscribe the use of Ople for keeping well within his time.
force. But we also know that the history of the world
very greatly departs from the assurances of such cove- MR. ABUBAKAR. Mr. Presiding Officer, I nave
nants. A lot depends on the accident of leadership in a
listened to Commissioner Ople’s peroration on the issue
before us.
given country.
We I was the Ambassador to Malaysia when the claim of
can have a person with a Napoleonic complex in
the Philippines over Sabah was presented and the reply
Malacanang — I am saying that this can happen in the
of the Malaysian government to this claim was transmit-
future, not necessarily now — who can plunge us into
ted. It almost erupted into a break of diplomatic rela-
war on the basis of innocent statements on the pro-
tions between the Philippines and Malaysia. In my
vision on national territory which, of course, the
inspection trip to Sabah, I found out that a big group of
sponsor now disclaims and I am glad that he does so.
Sitangkai people had acquired all the rights pertaining to
The next question: Is there anything in this provision permanent residence, had established their professions
that reviews, rescinds, revokes or amends the action of and livelihood there with the encouragement of the
the Philippine government in the Kuala Lumpur Summit Sabah government.
of 1977?
The Sultan of Sulu with a signed treaty leased this
property to the North Borneo Company which, in turn,
MR. NOLLEDO. None. acquired and, upon independence of the Philippines in
1946, transmitted its right to the British government.
MR. OPLE. Thank you. The British government, in turn, acquired jurisdiction
That ends my interpellations with respect to the over what is called British North Borneo Company.
Sabah question but I have one last question for the The referendum to determine whether or not the
sponsor, if he does not mind. people of Sabah wanted to be independent of Malaysia
When the proper time comes, will the Committee was supervised by the United Nations. There, the people
consider an amendment enumerating not only the three of Sabah spoke with affirmative determination that they
regions recommended by Commissioner Guingona
u would prefer to become part of Malaysia.
all the major political subdivisions, provinces and cities,
The lateGeneral Romulo, others and I in the foreign
making up the territory of the Republic of the Phi office thoroughly reviewed our claim that was
ip- pre-
Palawan dicated on the right of the Sultan of Sulu over Sabah.
pines, so that if one is from Puerto Princesa,
or
and the proposed Constitution is presented to iim At that time, the Sultan of Sulu considered Sabah as
himse
ratification, then he cannot help but identify part of his territory because it was awarded to him by
with this Constitution because the name ofhisprovmce the Sultan of Brunei who was restored back to power
person is
is already enumerated there. The farther ^ with his assistance. Sabah was, in turn, leased to the
awi,
from the seat of government — let us say Tawi- North Borneo Company which, in the usual British
Basilan, Sulu and the Batanes Islands
- the more closely
maneuver, injected into the mind of the Sultan of Sulu
the name
he will identify with this Constitution because that he could not defend Sabah in case of an expedition
of his province is enumerated here. of Spain against Sulu and that Spain can easily acquire
Sabah and wrest it from his control. That is the main
binding the Committee,^ consideration why the Sultan leased the property.
MR. NOLLEDO. Without
think the Committee will welcome the
Commissioner s Rather than lose it, he retained his sovereignty and got
wi a monthly or annual payment for the lease of this
unique suggestion, and the people of Palawan
enumera property.
thrilled to Palawan included in the
see
provinces. Casting the historical background which Mr. Guingo-
na very well presented to this Commission is the ques-
MR. OPLE. Palawan which includes the Kalayaan tion now of whether or not the Sultan of Sulu still
Islands, of course. retains sovereignty over Sabah. The unfortunate thing is
that when the Americans came and the sovereignty of
MR. NOLLEDO. Yes. Spain over the Philippines was passed on to them, the
Americans stripped the Sultan of Sulu of any right of
Bates
very much, Mr.
Presiding sovereignty, powers and prerogatives. Under the
MR. OPLE. Thank you Philip-
Treaty the Sultan became a mere citizen of the
Officer.
pines, but with certain remuneration.
ât
MR. RAMA. Mr. Presiding Officer, may I ask that This is part of our history. Due to the position
recognized as
Commissioner Abubakar be recognized to interpellate. the Sultan of Sulu was still respected and
right
the Sultan of North Borneo and by virtue of
his
be claimed as part
THE PRESIDING OFFICER (Mr. Romulo). Commis- over this territory, he wanted that it
of our country. The Treaty of Paris, the subsequent

sioner Abubakar is recognized.
treaties and even our Constitution adopted by the Com- MR. NOLLEDO. Mr. Presiding Officer, I would like
monwealth government never included Sabah in the to make a statement about the phrase “sovereignty of
definition of our territory. It was not part of the aerial the Sultan of Sulu.” I think the Sultan of Sulu had
delineation of the Philippines. It was only when Mr. proprietary rights over North Borneo or Sabah as
Lopez, through his influence over former President claimed by him, including the heirs, but not sovereignty.
Macapagal, aspired to make a name in history that the Perhaps when we talk of sovereignty there, we do not
claim over Sabah was filed; they filed the claim. But it talk in its technical sense. We may be referring to sover-
was never entertained by the other party. At that time, eignty in its ordinary acceptation with respect to the
Malaysia or even North Borneo never recognized that we jurisdiction of the Sultan of Sulu. Sovereignty, as far as
had sovereignty over the territory. The original treaty the national government is concerned, is indivisible.
on which it is based, copies of which are in the books
and other publications concerning Sabah, was with the MR. RAMA. Mr. Presiding Officer.
Sultan of Sulu but he lost it in Singapore. The other
copy is now with the British government but despite THE PRESIDING OFFICER (Mr. Romulo). The
many requests from our government, the British govern- Floor Leader is recognized.
ment never showed us its copy.
In the old days, every time we signed a treaty, it is
MR. RAMA. I ask that Commissioner Suarez be
one parchment. When we open it, both sides contained recognized.
the same provision, and when we put them together,
both copies fit well. This shows the authenticity of the THE PRESIDING OFFICER (Mr. Romulo). Commis-
original document. sioner Suarez is recognized.
All this aside, we were never able to persuade the
powers and even other countries belonging to the
ASEAN that our claim to Sabah still subsists because Will my
good friend from Palawan answer a few clari-
they feel that, if there is anyone to decide the fate of ficatory questions?
Sabah — considering the concept of democracy and
freedom — it is not the Sultan of Sulu or the Philippines MR. NOLLEDO. With pleasure.
but the people of the territory itself.
I was the Philippine Ambassador to Malaysia at that
time. Our committee then reviewed the whole develop- I consider myself twice blessed because twice in
ment and researched about our Sabah claim in various my I have had the honor of listening to the
lifetime
libraries including those in England and in the United sponsor’s brilliant presentation of what constitutes the
States. national territory of our country.
Later, as we gathered more evidence, treaties, and I thank the Commissioner for it.
documents, we found out that our claim, was not only
weak but it did not have the support of the people of MR. NOLLEDO. Thank you for the word “brilliant,
Sabah, which is a criterion in any democracy. The voice but I think I do not deserve the praise. (Laughter)
of the people is the voice of God.
MR. SUAREZ. The Commissioner is very modest.
At any rate, quite a number of us got a little confused
Commissioner has one minute left.
about what really constitutes our national territory. So,
MR. ABUBAKAR. Still, we pursued this and later on, with the sponsor’s permission, may I go over with him
we stopped. We are now convinced that the pursuit of the various laws, treaties, et cetera, which would ulti-
our claim over Sabah would produce no result. If we are mately assist us in determining the national territory
brdve enough, the only alternative constituting our Republic.

is to conquer Sabah.
Are we ready for it? The people of Sulu and Mindanao
will have no part such an adventure, and, therefore, I
in
MR. NOLLEDO. The Commissioner may do so.
feel that as far as the Sabah claim is concerned, we

should not incorporate this into the Constitution, be- MR. SUAREZ. As I understand it, the sponsor wants
to include in the definition of national territory those
cause we are not ready to invade. This is an act of war.
territories ceded to the United States by virtue of the
Malaysia will resist it; Sabah will resist it. We might as
Treaty of Paris concluded between the United States
well reconcile our interests for the sake of unity, region-
and Spain on December 10, 1898. Is my understanding
al trade and understanding among the ASEAN nations.
correct?
Thank you.
MR. NOLLEDO. Yes. If the Commissioner does not
THE PRESIDING OFFICER (Mr. Romulo). Thank mind, I have to mention a very important matter: That
you. the boundaries referred to in the Treaty of Paris were
taken from a map prepared by a Spaniard named Pedro out prejudice to the delineation of the baselines of the
Murillo Velarde in 1734. At that time, this map was territorialsea around the territory of Sabah situated in
widely used and recognized in admiralty court proceed- North Borneo over which the Republic of the Philippines
ings of European countries as the official map of the has acquired dominion and sovereignty.
Philippine archipelago. During the martial law regime, on June 11, 1978,
P.D. No. 1596 was promulgated which defined the
MR. SUAREZ. Thank you. territories belonging to the Philippines by historic right
or legal title. Is the Commissioner also aware of that?
The limits of which were set forth in Article III of the
Treaty of Paris.
MR. NOLLEDO. I am aware of that presidential
decree but not necessarily all its contents.
MR. NOLLEDO. I agree.
MR. SUAREZ. The decree that was issued was

final
MR. SUAREZ. The next treaty was concluded in
P.D. No. 1599 which was enacted on June 1 1, 1978 and
Washington, D.C. between the United States and Spain Mile Exclusive Econo-
it was captioned: Two-hundred
on November 7, 1900. This treaty expressly included aware of that?
mic Zone. Is the sponsor also
the Islands of Cagayan, Sulu and Sibuto.
MR. NOLLEDO. I am fully aware of that decree.

MR. NOLLEDO. These were omitted in the Treaty of
Paris. is: Are all of
MR. SUAREZ. So my main question
these interpretative decrees I have enumerated included
MR. SUAREZ. Yes, these were omitted in Article III of what constitutes the
in formulating the definition
of the Treaty of Paris of 1898. The next incident had of the Republic of the Philippines?
national territory
something to do with the Commissioner’s statement a
while ago that he insisted that the islands embraced in
MR. NOLLEDO. The Commissioner is right.
the Treaty concluded in January 2, 1930 between the
United States and Great Britain — which includes the thank the Commissioner if that as-
MR. SUAREZ. I
Turtle and the Mangsee Islands situated between Borneo surance is perfect.
^nd Sulu — be included because these islands were
recognized by Great Britain as part of the Philippine MR. NOLLEDO. In connection with that, if the Com-
since that is very im-
Archipelago. Is my understanding correct? mission will give me a little time
portant, I would like to read one
of the understandings
MR. NOLLEDO. Yes, that correct. Senator Tolentino when he signed the Law of
is of former
the Sea of 1982. He said:
MR. SUAREZ. Then, we move on to the Island of amending in
The convention shall not be construed as
Batanes which was provided under the 1935 Constitu- Decrees or
any manner any pertinent laws and
Presidential
tion. the gov-
Proclamations of the Republic of the Philippines;
maintains and
ernment of the Republic of the Philippines
MR. NOLLEDO. Under a general statement. make any amendments
preserves its right and authority to
decrees or proclamations pursuant to the
state- to such laws,
MR. SUAREZ. Yes. Then we come to certain provisions of the Philippine Constitution.
ments appearing in the 1973 Constitution which are
now controversial because of the utilization of t e
phrase “historic right or legal title.”
MR. SUAREZ. Just a final question. The sponsor
cited former Senator Tolentino as
an authority and he
MR. NOLLEDO. That is also correct.
the exclusive eco-
has a definition of what constitutes
MR. SUAREZ. Previously, the term “national
terri- nomic zone which means beyond and adjacent to the
tory” was defined by some legislations. An example is territorial sea not extend more than 200
but may
sup-
R.A. 3046 which was enacted on June 17, 1961 whic nautical miles from the archipelagic base lines. 1
the validity of
defined the territorial sea. Is that correct? pose the Commissioner acknowledges
that definition?
MR. NOLLEDO. Yes, that is correct.
MR. NOLLEDO. Yes.
MR. SUAREZ. However, on September 8, 1968, of Jh®
R.A. 5446 was enacted and this is rather important in- MR SUAREZ. the Commissioner also aware
Is
“continental shelf ot
sofar as Section 2 thereof is concerned. Section 2 con- former Senator’s definition of the
subsoil ot le
an archipelagic state as the seabed and
t
tains the definition of the base lines and I quote.
territorial sea
The definition of the baselines of the territorial sea of
submarine areas that extend beyond the
the natural prolongation of the land territo-
the Philippine Archipelago a.*; provided in this Act is with- throughout
294 TUESDAY, JULY 1 ,
1 986
ry to the outer edge of the continental margin or to a would seem to appear as the condition precedent; and
distance of 200 nautical miles from the base lines if the once that is fixed, I think it is the duty of the winning
edge of the continental margin does not extend to that state or winning party to also apply the principle of
distance? self-determination. They cannot dictate to a newly
if the people do not like to join that
acquired territory
MR. NOLLEDO. Yes, I am aware. state.That precisely was resorted to with respect to
Sabah by the United Nations in a referendum which the
MR. SUAREZ. Thank you. Honorable Napoleon Rama referred to as a rigged
referendum.
missioner Villacorta be recognized. MR. VILLACORTA. I see, thank you very much.
THE PRESIDING OFFICER (Mr. Romulo). Com- MR. NOLLEDO. Thank you.
missioner Villacorta is recognized.
MR. VILLACORTA. Just to bring rhyme or reason to missioner Azeuna be recognized as the last interpellator.
allthese arguments, I would like to ask some funda-
mental questions. THE PRESIDING OFFICER (Mr. Romulo). Commis-
sioner Azeuna is recognized.
In the hierarchy of grounds for claiming sovereignty,
which has priority; historic right, legal title, or right of MR. AZeUNA. Thank you, Mr. Presiding Officer.
national self-determination?
was fortunate to have interacted with a group
I
of fishermen in Bicol two Saturdays ago, and I was

MR. NOLLEDO. That is a very good question. I will
impressed by the deep concern they have over their
give my opinion without binding the Committee. I think
fishing rights in the Bay of Albay. More interesting
the first should be legal right. But in our case this is
to them than forms of government and structures of the
closely associated with the historic title. I remember
legislature was the protection of their rights to fish in
when then President Macapagal claimed Sabah, he said
the coastal waters around Albay. It is in this light, there-
that he wanted to know the sentiments of the people of
fore, that I would like to ask
Sabah. He also mentioned that we had valid title over clarification on the fishing
rights of Filipino citizens over these waters that are
Sabah and that the government of the Republic of the
included in the definition of our territory.
Philippines under his stewardship would be willing to
submit the question to a plebiscite among the people of With respect to internal waters; that is, all waters
Sabah after the title thereto is resolved. And should the landward from the archipelagic base lines, does the
people of Sabah freely determine that they do not like sponsor agree with me that Filipino citizens have ex-
to join Malaysia or any other country including the clusive fishing rights over these internal waters?
Philippines, then the Philippine government will apply
the principle of self-determination guaranteed by the MR. NOLLEDO. I should agree with the Commis-
United NationsCharter. And so, I think in this particular sioner.
case, legal title will prevail over self-determination. Once

MR. AZeUNA. How about with respect to the ex-
legal title is fixed, then self-determination may come in.
clusive economic zone which extends 200 miles from
the base lines seaward? What
is the right of our fisher-
MR. VILLACORTA. the Commissioner saying that
Is men in these waters? Do they have rights, and if so, are
legal title has precedence over people’s rights? they exclusive?
MR. NOLLEDO. That legal title has precedence? MR. NOLLEDO. I am not aware of existing presiden-
tial decrees, specifically the fishery laws, which were
MR. VILLACORTA. I would like to be clear on the abundantly amended by decrees, but I would say that
Commissioner’s stand.
Filipino citizens should have the exclusive right.
MR. NOLLEDO. Yes. MR. AZeUNA. notice that the Committee will
I
retain the wordings of Article I on the Philippine terri-

MR. VILLACORTA. Is the Commissioner saying that tory as described in the 1973 Constitution, but would
legal title is superior to people’s rights? add only a single sentence. Is that correct? And the
sentence that the Committee would add states: SOVER-
MR. NOLLEDO. In my own
opinion, because there EIGNTY OR JURISDICTION OF THE PHILIPPINES
are contending states in a dispute,one has to determine SHALL ALSO EXTEND TO STRAITS CONNECTING
the condition precedent of which state has a right over THESE WATERS WITH THE ECONOMIC ZONE PRO-
the other state even when there may be two or more VIDED FOR IN THE CONVENTION ON THE LAW
states involved in a dispute. The question of legal title OF THE SEA.
The question with respect to that is: Why not

first MR. AZCUNA. In the last sentence, the sponsor
state the ’'ight name for that zone, exclusive economic mentioned straits that he would like to add to our
zone, to stress that it is a zone over which the coastal territory that would connect our archipelagic waters
state has exclusive rights with respect to fisheries and or our territorial waters with the economic zone. And
other economic exploitation? Would the Committee all that the sponsor is saying really is that Philippine
be agreeable to an amendment later on to that effect? sovereignty or jurisdiction extends over these straits.
MR. NOLLEDO. Yes, I think we will be agreeable. MR. NOLLEDO. That is a very good observation
because that based on the Davide resolution and it

is
MR. AZCUNA. The other point is: The sponsor will says “shall also extend to straits connecting these waters
agree with me is not necessarily coexten-
that territory with the economic zone.” So the straits do not necessa-
sive with jurisdiction, but there is an instance where a rily mean the economic zone itself, based
on the Gentle-
state has jurisdiction beyond its territory. man’s observation.
MR. NOLLEDO. Yes. MR. AZCUNA. Yes, but they have to be either in the
territorial waters or in the economic zone,
because there
MR. AZCUNA. When the Committee added the is no in-between space.
phrase“SOVEREIGNTY OR JURISDICTION OF THE

PHILIPPINES SHALL ALSO EXTEND TO STRAITS MR. NOLLEDO. Yes.
CONNECTING THESE WATERS WITH THE ECO- I noticed that one of the reservations
NOMIC ZONE ,” what was its stand? Are these MR. AZCUNA.
is that the concept of archi-
. . .
of Assemblyman Tolentino
straits partof the Philippine territory or are they part to the concept of internal
pelagic waters is similar
of the high seas over which, however, we can have some
waters under the Constitution of the Philippines and
jurisdiction? waters with the eco-
removes straits connecting these
zone or high seas from the rights of foreign
MR. NOLLEDO. answer the
Before I specifically
nomic
international navigation.
vessels to innocent passage for
question, the exclusive economic zone, which is beyond concerned, these straits
In other words, as far as we are
and adjacent to the territorial sea, may not extend to part of our internal waters,
are part of our territory,
more than 200 nautical miles from the archipelagic innocent passage.
and not subject to the right of
baselines. Thearchipelagic state has sovereign rights in
the exclusive economic zone to explore, manage and think the Gentleman right.
MR. NOLLEDO. I is
exploit all the natural resources, living and nonliving, in
the waters, the seabed and subsoil. Because of the use of
MR. AZCUNA. And my last question, Mr. Presiding
the words “which beyond and adjacent to the terri-
is
Officer . . .
torial sea,” they are seemingly beyond the regular

jurisdiction or internal waters of the state concerned. Mr. Presiding Officer, think the
MR NOLLEDO. I
that Commissioner know

Commission would like to
MR. AZCUNA. take it that the territorial sea ends
I
Azcuna is a recognized authority of
public international
at 20 or 24 nautical miles from the base lines seawards. subject at the Ateneo de Manila.
law a professor on the
That is the outer limit of our territorial sea.
MR. AZCUNA. I am a humble student of that sub-
MR. NOLLEDO. Would the Commissioner not say let, Mr. Presiding Officer.
12 nautical miles? Instead of just referring to the
One final question is:
the straits, woul
MR. AZCUNA. I think under the Convention on the eonomic zone by way of identifying
adding a provision to the ettect
Law of the Sea, it has been extended to 24 miles. le Committee consider
archipelagic state has sovereign
lat the Philippines as an
exclusive economic zone
MR. NOLLEDO. We assume that. ghts and jurisdiction over an
onn miipc from the base line?
MR. AZCUNA. At apy outer limit of our
rate, at the
recommend to the
territorial sea starts the exclusive economic zone. Is that MR. NOLLEDO. I will strongly
correct, Mr. Presiding Officer? Committee.
Presiding Officer.
MR. NOLLEDO. Will the Commissioner kindly repeat MR. AZCUNA. Thank you, Mr.
the question?
the very
MR. RAMA. Mr. Presiding Officer, I ask that
MR. AZCUNA. Immediately beyond the outer limit be recognize
interpellator, Commissioner Rodrigo,
.
last
of the territorial sea will start the exclusive economic
zone. (Mr. Romulo). Commis-
MR. NOLLEDO. sioner Rodrigo is recognized.
Yes.
MR. RODRIGO. I will be very brief. I just want a Marcos did in 1977 when he abandoned the claim, and
little clarificationbecause I am a bit confused on what reiteratingthe phrase “historic right and legal title,”
is the real stand of the sponsor and the Committee in which means we want to pursue the claim. So, let us
pursuing the claim on Sabah. In the beginning, I got the now be very, very specific. Is it then the intention of the
impression that the purpose of the Committee in retain- sponsor or the Committee to keep the way open to the
ing the phrase “by historic right or legal title” is not to Philippine government to pursue the claim, notwith-
foreclose the right of the Philippine government to standing the action of President Marcos in 1977 of
pursue its claim on Sabah. On the other hand, I heard abandoning the claim?
the answer of the sponsor to a question by Commis-
sioner Ople. On the repetition of the phrase “by historic MR. NOLLEDO. The Commissioner will remember
right or legal title,” does this mean that we are turning that I answered a similar question propounded by Com-
our back on the commitment made by President Marcos missioner Hilario Davide, when he asked if under the
in 1977 at Kuala Lumpur, abandoning our claim to words “historic right or legal title” we can still pursue
Sabah? And the sponsor said “no.” our claim over Sabah. And my answer was in the
affirmative.
MR. NOLLEDO. I would like to remind the Gentle-
man that the words that he reproduced were not the MR. RODRIGO. not inconsistent with the
But, is it
words of Commissioner Ople. He said, “Is there any in- act of President Marcos in 1977 when, as President of
consistency between the declaration of former President the Philippines, he abandoned the claim? Is there no
Marcos relinquishing the Philippine claim over Sabah inconsistency?
and the definition of the national territory as we recom-
mended? ” I said that there is no inconsistency, because MR. NOLLEDO. As far as I am concerned, that can
there is the question of whether the former President be a debatable issue because the President conducts
had the power to relinquish. This is a question that was foreign relations.
never decided upon. So, it seems to me that that ques-
tion can be debated separately from the provision on
MR. RODRIGO. Yes. That is what confuses me. So,
the national territory that we are recommending.
can he answer yes or no?
MR. RODRIGO. I think we should make things very, MR. NOLLEDO. The Gentleman must know that
very clear. can
that is a legal question. We are both lawyers. That
always be subject to debate in the future.
MR. NOLLEDO. We are not abandoning the Sabah
issue as far as I am concerned. MR. RODRIGO. Thank you very much.
MR. RODRIGO. May I proceed, step by step? MR. NOLLEDO. the Commissioner
I gave my
President Marcos, I think, said that as President of opinion that Marcos had no sole authority.
the Philippines, he abandoned the claim to Sabah in
1977 at Kuala Lumpur. Did he do that? Now, does MR. RODRIGO. Thank you very much, but I am still
the Commissioner recognize the validity of that move confused.

by President Marcos?
MR. RAMA. Mr. Presiding Officer, there are two
MR. NOLLEDO. The Committee did not discuss that names that are registered here to speak during the de-
question. bate and Commissioner Bernas is to speak en contra.
Since nobody else is going to speak in favor — they have
MR. RODRIGO. But does already expressed their favorable views during the inter-
it recognize or does it not
recognize? pellation — may I ask that Commissioner Bernas be
recognized to speak en contra?
MR. NOLLEDO. I cannot speak for the Committee,
I am concerned, I do not recognize it.
but as far as THE PRESIDING OFFICER (Mr. Romulo). Commis-
MR. RODRIGO. The sponsor does not recognize it.
FR. BERNAS. Mr. Presiding Officer, before I say
MR. NOLLEDO. That what I have to say, may I be allowed to ask a number of
is a personal statement with-
questions, because they are answered clearly, it may
out binding the Committee. We did not discuss that if
not be necessary for me to say anything. The questions
question.
are along the same line as those of Commissioner
why Rodrigo.
MR. RODRIGO. That is I wanted to clarify that
because I was really confused when the sponsor said It isvery clear that the provision now reproduces
that- there is no inconsistency between what President word for word the provision of the 1973 Constitution
using the phrase “by historic right or legal title” and so territory untilwe are blue in the face. But if our claim
forth. In the sponsorship speech of Delegate Custodio isnot supported by any other document extraneous to
Villalba, when he was sponsoring this in 1972, he said the Constitution, then our claim is useless.
that it was put in there precisely to include the claim to As of fact, in the debates of the Constitu-
a matter
Sabah. Is tliat correct? tional Convention in 1971, when the Constitutional
Convention started to fumigate the 1935 Article of all
MR. NOLLEDO. Yes. colonial traces, they eliminated any mention of the
Treaty of Paris; they eliminated any mention of the
FR. BERNAS. And when Delegate Quintero spoke on Treaty of Washington, of Great Britain and so forth, and
this matter as chairman of the Committee on National they were asked: Why eliminate those? The answer was
Territory, he also said that this provision was precisely because we do not want to be reminded of our colonial
in the Article.
added to include the claim, among other things, on past. But then, they put in “archipelago”
Sabah. Is that correct? Where the archipelago? The archipelago is the terri-
is
tory delineated by the Treaty of Paris as

modified by
MR. NOLLEDO. the Treaty of Washington and of Great
Yes. Britain, etc.
In other words, we did a paint job.

We wanted to
have our cake and eat it too. We
FR. BERNAS. And Committee Report No. 1 of the did not want to admit;
“Treaty of Pans,”
Constitutional Convention of 1971 also said that this we did not want to hear the words
provision was intended to cover, among other parts of but we have to rely on the Treaty of Pans m itself.
the world, Sabah. Is that correct? Constitution has any force at
In other words, if the
nations, it is not because it is a
11 in binding other
MR. NOLLEDO. Yes. supported by other inter-
onstitution but because it is
support
documents or principles which can
it.
lational
FR. BERNAS. So that it is the intention of the Com- was put here for a very valid
As already said here, this
mittee,by reproducing this Article, to include Sabah? at that time a Bacon Bill
in
istnrical reason There was
States which intended to dis-
he Congress of the United
MR. NOLLEDO. That we can pursue our claim over of the Philippmes, and since the
ipmber the territory Constitution o
Sabah under these words. the
Vdines-McDuffie Law said that,
if
be
Ke Philippmes had^.0
SPEECH EN CONTRA OF COMMISSIONER BERNAS
should bind the hands of
fonalTonventioII said that we
FR. BERNAS. I was about to say that in yesterday s
he United States by
making them agree to this. And so,
comic strip “Beetle Bailey”, the soldiers were complain- government agreed. As far as the
he United States
ing that cannons now are not the same as cannons be- United States government were
iTilioDines and the
fore. they explained that whereas cannons before
And ^^t^prnpd the 1935 Constitution
was not just an ordi-
said “boom,” cannons now just say “boomlet.” And ° international agreement
but it was an
^^ntiimtion
yesterday, I was quoted by Commissioners Sarmiento ,ha. why i. is there.
:S;e?nThenof .hem, and .s
and Maambong to a certain extent that I think they formulating the Constitution
in
already stole my “boomlet.” But since Father Bernas
When we started United
was quoted yesterday, I thought it might be fair if he be oT we were no
972, w
longer dependent
sain
on the
reasons which were not
allowed himself to speak for, even if he may not say dates; but just the
-tide on the National
,
it .
»e Ar.ickj_^^
we P"
as eloquently as the others who quoted him. otally convincing,
anything which couid

First of all, let me clarify that
speak against the Article in toto. I just want to remove
I am not going to
uoS that we did no. include
larm ourselves.
from the Article any portion which, while not serving
the interest of the nation, can do harm to the nation.
But in order for me to be able to explain fully what I
have to say, it seems necessary to say that there are
certain valid reasons for saying that there should be no from
Article on the National Territory in a constitution a
Sn^criL^tlo^nd
say, however, that since we
general principle. I would
have done it before, if we can do it in a harmless way,
r‘‘.t‘coZ;urt!Cni^w;;e.^
very
by all means, we will do it. But let us not do it in a way issert our claim to Sabah, Lumpur. So,
that will do any harm to our nation.
I say that it is really not for a constitution to have an

tVrm's “f ril^t^^^S
^
- Sees no.
lelo us in anyway.
Article on National Territory because, as has been often ^
ât President
A that Macapagal was
Yesterday, it was said
said in this body, a constitution is a municipal law. As a
imbarrassed when he was asked. » He
municipal law, it is only binding on the country which have ,
.
,
a claim. should
promulgates it. So, we can assert our claim over any ution does it say that you
not have beeen embarrassed. The one who asked him FR. BERNAS. I am not saying that this phrase covers
the question should have been embarrassed because he Sabah alone. As a matter of fact, if we study the debates
was legally wrong. The Constitution is not the right in the 1971 Constitutional Convention, the phrase was
place to look for territorial claim. used precisely as a coverall to any claim we may have
Aside from this, it seems to me there is also a ques- over other territories — Spratley Island, Marianas,
tion on due process. Now, we are, in effect, being asked Sabah, and so forth. I am not saying that it refers to
to have a valid claim over Sabah. Equivalently, we are Sabah alone. All I am saying is that it refers to Sabah,
asked to make a judgment on the Philippine claim over among other places.
Sabah, a judgment which I suppose should be done with
due process — a process which hears and examines MR. NOLLEDO. Do I understand it right that Com-
evidence before it decides. We are being asked to make missioner Bernas would like to delete the words “his-
toric right or legal title” from the definition of our
a decision on a legal claim for which evidence has not
been sufficiently presented to us. We are in no position national territory?
to make the judgment. We are in no position to make
FR. BERNAS. I would like to propose something but
the judgment because we do not know what the evi-
dence is. There may be evidence but we have not seen
I do not have it ready now. The problem is, historically,
this phrase was given meaning by the 1971 Constitu-
it; it has not been shown to us, and we have not heard
tional Convention. I want to use something where it is
the other side. For that reason, if we must put an Ar-
clear that we are not making any unfounded claim, but
ticle on National Territory, let us excise from it
at the same time does not include the possibility for the
anything which may look unfair or ridiculous, and
which will not help us in any way. Philippine government to make the claim later on.
There is another point. We have included in the

MR. NOLLEDO. Would Commissioner Bernas not be
national territory the Archipelagic Principle. When this
satisfied with my answer — deplored by Senator Rodri-
was included in the 1973 Constitution, it made no —
go to the question of Commissioner Ople on whether
waves because nobody complained about it. But this
by retaining these words “historic right or legal title,
business of “historic right or legal title” has harmed our
we specifically referred to Sabah? My answer was “no”
relationship with our neighbor Malaysia. While it has
and would that answer suffice?
created harm, it does not help us at all legally. So, why
put it there? It will not weaken our claim, in any way, FR. BERNAS. It would not suffice because it leaves
over any territory in the Philippines if we scrap the the whole thing hanging. As I said, because of the de-
entire Article on National Territory. It will not weaken bates of the 1971 Constitutional Convention, the phrase
whatever claim we may have over Sabah, if we take has acquired a specific meaning.
this out because whatever claim we have will have to
be supported, not by our assertions, but by evidence MR. NOLLEDO. Thank you.
extraneous to the Constitution.
Thank you. MR. RAMA. Mr. Presiding Officer, there is one last
speaker en contra. Commissioner Alonto.

MR. NOLLEDO. Will the Gentleman yield to inter-
pellations? MR. DAVIDE. Mr. Presiding Officer.
FR. BERNAS. Yes. THE PRESIDING OFFICER (Mr. Romulo). Commis-

MR. NOLLEDO. When was discussed in
this provision
the 1971 Constitutional Convention Committee on MR. DAVIDE. With the permission of the Floor
National Territory, Delegate Quintero said that the Leader, I seek to ask some questions of Commissioner
words “historic right or legal title” did not cover Sabah Bernas.
alone, but they had reference also to the Treaty of Paris, If we will be silent on a definition of national territo-
the Treaty of Washington and the treaty between the ry, would it foreclose our people’s claim or the govern-
United States and Great Britain. That is why, we have to ment’s claim over Sabah?
read the provision this way carefully: “The national
territory comprises the Philippine Archipelago, with all FR. BERNAS. No, would
it not.
the islands and waters embraced therein,” and one has
to connect these words with the following words: “and MR. DAVIDE. If it will not, therefore, there is no
ail the other territories belonging to the Philippines by harm in also stating categorically a definition of national
historic right or legal title, .” In other words, the
. .
territory, including the phrase “historic right or legal
expression “historic right or legal title” may also refer title.”
to “archipelago” in order to give emphasis to the im-
portance of such a vital document as the Treaty of Paris FR. BERNAS. As I said, I am not saying that it
and other related treaties. should totally exclude the declaration of a national
territory. All I am saying is that we should not include tion.” The reason I did not propose it was because of
there any phrase which could already be interpreted as a the remarks of Commissioner Azcuna. I had to think it
claim over Sabah. While it would neither have a legal over a little more carefully because as Commissioner
binding effect on anybody nor help in establishing our Azcuna said, he can have jurisdiction over areas which
claim, it could harm our diplomatic relations. are not included in his territory. And that is the reason
why I hesitate to put back the 1935 version. We will
MR. DAVIDE. The interpretation of the Commis- have to think about it a little more.
sioner was to the effect that, if we will be silent on a
definition of national territory, our claim over Sabah MR. ABUBAKAR. Yes, but in this particular case, if
will not be foreclosed. he looks at the map of the Philippines, the sea between
a series of islands from Siasi to Tawi-Tawi and Sipang-
We be sending, anyway, a message to Sabah or to
will
kot would not even be wide enough by a few
kilometers
Malaysia that we can still claim Sabah.
or miles. As a matter of fact, when one is
in Sitangkai
Borneo.
on a clear day, he can even see the port of
FR. BERNAS. We have no control over that because
it is established that anybody can
claim any other terri- South is con-
FR. BERNAS. I think as far as the
tory over which it has evidence for a claim. What I am has no problem, but our
cerned the Gentleman really
trying to avoid is any explicit suggestion that this is
respect to Batanes which
problem is in the North, with
particularly directed to that.
been included in any of the treaties —
seems not to have
Treaty of Paris, Treaty of
Washington and so forth - and
Mr. DAVIDE. But, whether explicit or implicit or the reason why the phrase was inserted.
that precisely is
just being silent, the fact of the matter remains that we
can still claim Sabah. on
MR ABUBAKAR. To avoid any misunderstanding
the other Malaysian
as well as
the part of our neighbors,
FR. BERNAS. We can, but we are not doing it.
- those include Indonesia and Malaysia - it
groups
doubt on our intention to
MR. DAVIDE. Thank you, Mr. Presiding Officer. would be best to remove any
claim Sabah.
MR. ABUBAKAR. Mr. Presiding Officer, does the 'Thant vnii. Commissioner Bernas.
Gentleman not think it would be appropriate to drop
is just one
the phrase “by historic right or title”?
MR RAMA. Mr. Presiding Officer, there
speak ett contra, after which
we shaU
,ore speaker to
FR. BERNAS. I do not think we should drop it
ose the debate and
move over to the period of amend-
give time for the Commissioners
without putting in something else. Let me explain why; to
,°ms tomorrow to
This phrase was put in the 1973 Constitution as a sub-
raw up their amendments.
stitute for the phrase “all territory over which the
Commissioner Alonto, the last speaker, be
ask that
present Government of the Philippine Islands exercises I
jurisdiction,” the final phrase in the 1935 Constitu-

tion and that had a very specific reason for being Romulo). Commis-
the PRESIDING OFFICER
(Mr.
there.
recognized.
sioner Alonto is
If the Gentleman looks at the latitudinal and longi-
tudinal lines specified in the Treaty of Paris, together
with the corrections made by the Treaty of Washington :ech en contra of commissioner alonto
and the Treaty of Great Britain, Batanes is out. That Officer.
[R alonto. Thank you, Mr. Presiding
particular phrase was precisely put in there to include
registered my turn to
speak against the proposal not
Batanes to Batan Islands, so if he drops “by historic but because, in
it fundamentally,
right or legal title” without putting anything else, then luse I am against
Bernas has stated it is go-
he leaves out Batanes again. whh what Commissioner new nation. Unless we
create some harm to this
ready and prepared

now to join the imperialist
Mr. ABUBAKAR. Then why not make the definition let us give more
thought to what
itries in the world, m
clear enough so as to preclude any doubt or misunder- suggested; let us not put
imissioner Bernas had
standing even by Malayasia or Indonesia to which we will bring us harm, and no
Constitution things that
belong as a group? We are all of the Malayan race and
that can promote cohesion. What other suggestion could
k r CormlsLiter Ople
he project which resulted
stated
in the Jabidah
« was provident
massacre
he insert in place of the phrase “by historic right or would have been involved m
aborfed! otherwise we the
title”? resulted «°t °nly 'U
mflict that might have the
ruction of what we are
now trying to ^Ûd as
FR- BERNAS. I was about to propose the restoration in putting us in
the light of
of the phrase in the 1935 Constitution; “all territory )ino nation, but also
after the proclamation
over which the present Government exercises jurisdic- rnational image - especially
of martial law — as a nation that has not sought to join Com. She directed Postmaster General Joselito Banayo to
the concert of free nations. issue the guideline in implementing the order. Mrs. Aqui-
no said, ‘There is a need for an easy and inexpensive way by
That is my only purpose, and because most of what I
which communication from the public can reach the Con-
am supposed to say here have already been stated by
Commissioners Bernas and Abubakar, I would like to
Com as embodied in Commission Resolution No. 3 pro-
posing for such franking privileges for both the public and
close with the hope that this Commission will use its
the Con-Com Members.’
good sense to eliminate from the Constitution, which we
are going to frame, whatever phrase that will cause harm The parliamentary inquiry, therefore, is whether or
to this nation. not officers and Members of the Constitutional Com-
Thank you, Mr. Presiding Officer. mission now enjoy franking privileges on par with the
rest of the Filipino community who desire to send us
MR. RAMA. Mr. Presiding Officer, I move for the letters in relation to Executive Order No. 23 released
adjournment of session until tomorrow at five o’clock in by President Aquino.
the afternoon.
Thank you.
MR. MAAMBONG. Mr. Presiding Officer, before the
motion is taken up, I was made to understand that I will
MR. TINGSON. Mr. Presiding Officer.
rise on a parliamentary inquiry.
THE PRESIDING OFFICER (Mr. Romulo). Commis-
THE PRESIDING OFFICER (Mr. Romulo). Commis- sioner Tingson is recognized.
sioner Maambong is recognized.
MR. TINGSON. This humble Representation authored
MR. MAAMBONG. A few session days ago, I pre- that resolution and, along with Commissioner Tan who
sented a motion on the floor seeking a grant of franking is my cosponsor, I am very happy to hear that the
privilege to the Members of this Commission. However, privilege granted to us is more than what we had asked
two of our distinguished colleagues opposed the motion as
for in our original resolution. If it is indeed true,
and the body, in an amazing display of patriotism and already announced to us by Commissioner Maambong,
in the spirit of self-denial and self-flagellation — this Representation would be the first one to rejoice.
As
to
borrow the description of the charming lady over the Bible says, “Exceeding abundantly above all we as
there - voted against the motion and it was lost. It or think.”
was
to my mind, Mr. Presiding Officer, a beautiful
display of seems
heroism and I am very proud to associate myself
with
THE PRESIDING OFFICER (Mr. Romulo).
It
the heroes of this Chamber. that great minds work together and President
_
seems to have heard the voice of Commissioner
However, I now hasten to note the following news
bong. But in any case, I will ask the Secretariat i
report from the newspaper The Tribune, a wn
Manila pub- please reply, if they have had any official notice ot
lication, Volume
1, No. 74 issue of Saturday, June 28,
Commissioner Maambong has just read to us.
1986, the pertinent portion of which I quote:
The Secretary-General has an announcement to make.
In Executive Order No. 23 released by Malacanang
yesterday. President Aquino granted the public franking THE SECRETARY-GENERAL. Mr. Presiding
Officer,
privileges on aU communications being sent to the Con-Com we distributed copies of Executive Order No. 23 to all
to give the masses a voice in the proceedings. of you. It is in our records and Commissioner Maam-
Mrs. Aquino likewise entitled the Con-Com Members to bong is right when he said that the franking privilege has
franking privileges in the discharge of their duties. been extended to all the Members communica-
in their
tions to all the citizens of the Philippines.
The on Con-Com communica-
public’s franking privilege
tions begins immediately and will be effective up to
August 15, 1986. ADJOURNMENT OF SESSION
Sun Star daily of Cebu City, June 28,
Similarly, in the
THE PRESIDING OFFICER (Mr. Romulo). And so,
1986, quoting PNA, the same news report was carried before anyone else can say the
with this additional information which anything, I declare
I likewise quote: session adjourned until tomorrow in the
at five o’clock
In Executive Order No. 23, the President also granted afternoon.
the same privileges to officers and members of the Con- It was 7:26 p.m.
WEDNESDAY, JULY 2, 1986 301
R.C.C. NO, 22
Wednesday, July 2, 1986
OPENING OF SESSION • ROLL CALL

the roll.

Natividad ... Present
Abubakar Present . .
Present* Nieva . . Present

Alonto
.... Present
NATIONAL ANTHEM Aquino Present Nolledo . .
Ople . . Present
Azcuna Present
Bacani Present Padilla . . Present
the National Anthem. Quesada .... . . Present
Bengzon Present
Rama . . Present
Everybody rose to sing the National Anthem. Bennagen Present
Regalado .... . . Present
Bernas Present
Rosario Braid Present
. . .

standing for the Prayer to be led by the Honorable Brocka
Rodrigo .... . . Present
Calderon Present
Christian S. Monsod. Romulo .... . . Present
Castro de Present
Everybody remained standing for the Prayer. Rosales . . Absent
Colayco Present
Concepcion .... Present
Suarez . . Present
Present
PRAYER Davide
Present
Foz Present
MR. MONSOD. Almighty Father, four weeks ago, Present Tadeo . .
Garcia
Tan Present
You brought us together — Commissioners, staff and Gascon Present
. .
.... Present
employees — to participate in the writing of the Consti- Tingson . .
Guingona Present
Trehas Absent
tution. It was an honor to be chosen. How many are
. .
Present
Jamir
Uka . . Present
asked to be a part of such a historic document? Laurel
Present
ViUacorta . . . . . Present
Present
Since that time, enormity
we have come to realize the Lerum Present
Present Villegas . .
of our task and our own limitations. But we

have also Maambong ....
Present
come to recognize the talents and the goodness in one Monsod
another. We have realized that, coming as we do from
different backgrounds and places, with different in-
President is present.
The
terests and even biases, there is one thing we hold in to the call.
common. We all love this country even if we express it
in different ways. declares the presence of

THE president. The Chair
As we move ahead, we also know that we can only a quorum.
accomplish our work, if we continue to depend on one
MR. CALDERON. Madam
President.
another and learn to trust one another even more than
we do now.
Merciful Father, be gentle with us when we fail. Give the PRESIDENT. The
us the grace of an open mind, of compassion, of en- recognized.
thusiasm and the will to prevail. Above all, hold us we dispense with the
MR CALDERON. move that
together - Commissioners, staff and employees - in the
I
palm of Your hand always. reading of the Journal

of the previous session.
This we ask of You through Jesus Christ, Your Son. there any objection?
(Silence)
our Lord, who lives and reigns with You, now and THE PRESIDENT. Is
approved.
motion is
forever. Amen. The Chair hears none; the
*Appeared after the roll call

302 WEDNESDAY, JULY 2, 1986
APPROVAL OF JOURNAL Proposed Resolution No. 361, entitled:
MR. CALDERON. Madam President, I move that we RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI-
approve the Journal of the previous session. TUTION A NEW PROVISION EMPOWERING LOCAL
GOVERNMENTS TO LEVY AND COLLECT TAXES
THE PRESIDENT. Is there any objection? (Silence) UNIQUE, DISTINCT AND EXCLUSIVE TO THEM AND
The Chair hears none; the motion is approved. TO SPEND THE REVENUES RAISED THEREFROM IN
ORDER TO MAKE LOCAL AUTONOMY REALLY
MR. CALDERON. Madam President, I move that we MEANINGFUL AND EFFECTIVE.
proceed to the Reference of Business. Introduced by Hon. Trenas.
Is
The Chair hears none; the motion is approved. Proposed Resolution No. 362, entitled:
The Secretary-General will read the Reference of RESOLUTION TO INCLUDE A PROVISION IN THE NEW
Business.
CONSTITUTION DECLARING THAT IT SHALL SUPER-
SEDE ALL PREVIOUS CONSTITUTIONS.
REFERENCE OF BUSINESS Introduced by Hon. Suarez and Jamir.
The Secretary-General read the following Proposed To the Committee on Amendments and Transitory
Resolutions on First Reading and Communications, the Provisions.

PROPOSED RESOLUTIONS ON FIRST READING RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION AN ARTICLE VESTING ADMINISTRATIVE
SUPERVISION OF INFERIOR COURTS IN THE MINIS-
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- TRY/DEPARTMENT OF JUSTICE.
TUTION A PROVISION THAT NO PARTY OR CAN-
Introduced by Hon. Guingona, Abubakar, Bennagei^
DIDATE SHALL HAVE MEMBERSHIP IN THE REGIS- an
TRATION BOARDS, BOARD OF ELECTION IN- Rigos, Suarez, Tingson, Uka, Villacorta
SPECTORS, AND BOARD OF CANVASSERS BUT Villegas.
SHALL BE ENTITLED TO APPOINT WATCHERS. To the Committee on the Judiciary.

and Agencies. RESOLUTION TO INCORPORATE IN THE NEW CONSH-
TUTION AN ARTICLE ON THE TERM OF THE MEM-
BERS OF THE HOUSE OF REPRESENTATIVES.
TUTION SECTION 4 (1) OF ARTICLE IV OF THE 1973
CONSTITUTION WITH MODIFICATION SO AS TO
FURTHER STRENGTHEN THE RIGHT OF THE PEOPLE Proposed Resolution No. 365, entitled:
TO PRIVACY OF COMMUNICATION AND CORRE- RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
SPONDENCE. TUTION PROVISIONS ON THE NATIONAL POLICE
Introduced by Hon. Trenas. COMMISSION, THE NATIONAL POLLUTION CONTROL
COMMISSION, THE JUDICIAL COMMISSION, THE
COMMISSION ON GOOD GOVERNMENT, AND THE
COMMISSION ON HUMAN RIGHTS AS ADDITIONAL
INDEPENDENT CONSTITUTIONAL COMMISSIONS.
Introduced by Hon. Garcia and Sarmiento.
TUTION SECTION SIX OF ARTICLE IV OF THE 1973 To the Committee on Constitutional Commissions
and Agencies.
CONSTITUTION WITH MODIFICATIONS SO AS TO
STRENGTHEN AND MAKE MANDATORY THE RIGHT
THEREIN GRANTED TO THE PEOPLE TO INFORMA-
TION ON MATTERS OF PUBLIC CONCERN. RESOLUTION TO PROVIDE IN THE NEW CONSTITU-
TION THAT ALL KINDS OF IDLE OR ABANDONED
LANDS NOT PUT TO APPROPRIATE USE AS DEFINED
To the Committee on Citizenship, Bill of Rights, BY LAW WITHIN FIVE YEARS FROM RATIFICATION
Political Rights and Obligations and Human Rights. OF THE NEW CONSTITUTION SHALL BE FORFEITED
IN FAVOR OF THE STATE TO BE DISTRIBUTED TO Proposed Resolution No. 372, entitled;

BENEFICIARIES OF LAND REFORM. RESOLUTION STATING THE DECLARATION OF PRIN-
Introduced by Hon. Nolledo. CIPLES WHICH SHALL GUIDE THE GOVERNMENT
To the Committee on Social Justice. OF THE PHILIPPINES IN ITS RELATIONS WITH IT-
SELF, ITS CITIZENS AND OTHER NATIONS.
Proposed Resolution No. 367, entitled: Introduced by Hon. Calderon, Rigos, Davide, Jr.,
RESOLUTION TO PROVIDE IN THE NEW CONSTITUTION Trenas and Tingson.

THAT THE DEATH PENALTY IMPOSED ON AN AC- To the Committee on Preamble, National Territory,
CUSED MUST BE RESOLVED BY THE SUPREME and Declaration of Principles.
COURT WITHIN TWO YEARS FROM DATE OF JUDG-
MENT OTHERWISE THE SAME SHALL BE REDUCED Proposed Resolution No. 373, entitled:
TO LIFE IMPRISONMENT EXCEPT IF THE ACCUSED RESOLUTION PROVIDING FOR TAX EXEMPTION TO
BY WRITTEN MANIFESTATION INSISTS ON THE NONPROFIT EDUCATIONAL INSTITUTIONS OR
RESOLUTION OF HIS PLEA OF INNOCENCE. THOSE WHICH WILL LIMIT DIVIDENDS.
Introduced by Hon. Nolledo. Introduced by Hon. Villacorta, Villegas, Trefias and
To the Committee on the Judiciary. Bernas.
COMMUNICATIONS
TUTION A PROVISION THAT THE STATE SHALL Letter of Mr. Pedro O. Valdez, former
Constitutional
ADOPT A TRADE POLICY THAT WILL GIVE PRIORI- Convention delegate, proposing a parliamentary
form of
TY TO THE REQUIREMENTS OF THE DOMESTIC government, welfare state provisions,
profit-sharing, free
OVER THE EXPORT SECTOR. vocational education and election of
the President and
Vice-President by electoral votes.
Introduced by Hon. Suarez, Jamir and Tadeo.
Patrimony. of 1986)
20th Avemie,
RESOLUTION PROPOSING TO GRANT SPECIAL COR- etter from Dr. Dulce R. Agcaoili of
for religious instruc
luezon City, proposing a provision
PORATIONS THE RIGHT TO ACQUIRE IN OWNERSHIP
LANDS OF PUBLIC DOMAIN. on in schools, public and private.
— Constitutional Commission
Introduced by Hon. Tingson. Communication No. 95
f 1986)
o the Committee on Human Resources.
Patrimony.
Pegasus Street, Moom
etter from Mr. Ramon Enerio of
Proposed Resolution No. 370, entitled: Manila, submitting tw
alk Village Las Pifias, Metro
RESOLUTION RECOGNIZING THE RIGHT OF A CITIZEN - a Crucial Curative Measure
TO BOYCOTT AN ELECTION. Toward a Just Society.
tid
Commission
Introduced by Hon. Sarmiento. Communication No. 96 - Constitutional
To the Committee on Citizenship, Bill of Rights, fl986)
Political Rights and Obligations and Human Rights. o the Committee on Social
Justice.
from International Civil Liberties

Proposed Resolution No. 371, entitled: etter
among others, pro
Mr. J. S. Beltran, suggesting,
RESOLUTION MODIFYING THE PROHIBITIONS IN y
on print and broadcast media.
isions
SECTION ARTICLE XII A OF THE 1973 CONSTITU- Commission
Communication No. 97 - Constitutional
3,
TION AGAINST MEMBERS OF CONSTITUTIONAL
COMMISSIONS BY ALLOWING THEM TO TEACH OUT- fl986)
Bill of Rights,
SIDE OFFICE HOURS AND BY INCLUDING SUBSI- o the Committee on Citizenship,
DIARIES OF CORPORATIONS AS AMONG THOSE IN olitical Rights and Obligations
and Human Rights.
WHOSE TRANSACTIONS THEY ARE DISQUALIFIED
TO DEAL WITH OR FINANCIALLY INTERESTED IN. etter from Mr. Romeo P. Alejandro of
provision to ensure
Introduced by Hon. Foz. oilo City, suggesting a mandatory
and papers per-
To the Committee on Constitutional Commissions xess to official records, documents
and decisions.
lining to official acts, transactions
and Agencies.
(Communication No. 98 — Constitutional Commission THE PRESIDENT. Yes.

of 1986)
To the Committee on Citizenship, Bill of Rights, SUSPENSION OF SESSION
MR. NOLLEDO. would
like to manifest that the
I
Letter from Mr. Vicente P. Molar of Bayaoas, Urdaneta, Members who intend present their amendments
to
Pangasinan, suggesting a change of name of the Com- would like to meet together and possibly consolidate all
mission on Audit to Philippine General Accounting our amendments in order to abbreviate the proceedings.
Office. Therefore, I move for a suspension of session.

of 1986) THE PRESIDENT. The session is suspended for a few
minutes.
Agencies. It was 5:28 p.m.
Letter from Mr. Fausto C. Marilao of Acacia St., Pinag- RESUMPTION OF SESSION
buhatan, Pasig, Metro Manila, proposing, among others,
the establishment of well-equipped free technical/voca- At 6:24 p.m., the session was resumed.
tional schools.
(Communication No. 100 - Constitutional Commission THE PRESIDENT. The session is resumed.
of 1986)
To the Committee on Human Resources. MS. AQUINO. Madam President, we ask that Com-
missioner Azcuna be recognized.
Letter from Mr. Cecilio R. Mangubat, Sr. of Digos,
Davao del Sur, proposing, among others, provisions for THE PRESIDENT. Commissioner Azcuna is recog-
the removal of elective or appointive government offi- nized.
cials who fail to declare their assets and liabilities and
those found guilty of immorality; the disqualification
of gamblers and immoral persons from running for CONSIDERATION OF PROPOSED
public office,' and other electoral reforms. RESOLUTION NO. 263
(Article on National Territory)
of 1986) Continuation
To the Committee on Constitutional Commissions and PERIOD OF AMENDMENTS

Agencies.
MR. AZCUNA. Thank you, Madam President.
Letter from the Philippine Institute of Civil Engineers, Honorable sponsor, I would like to propose the
Inc., signed by Mr. Aber P. Canlas, proposing the re- following amendment to the committee report. Arti-
tention of the Professional Regulation Commission and cle I, Section I on National Territory should read
its elevation to a constitutional commission. as follows: “The national territory comprises the Philip-
(Communication No. 102 — Constitutional Commission pine archipelago, with all the islands and waters em-
of 1986) braced therein, and all the other territories OR NOW
HEREAFTER belonging to the Philippines by SOVER-
Agencies.
EIGN right or legal title, CONSISTING OF the TER-
RESTRIAL, FLUVIAL AND AERIAL DOMAINS, in-
MR. CALDERON. Madam cluding the territorial sea, the seabed, the subsoil, the
President.
insular shelves and other submarine areas over which
THE PRESIDENT. The the Philippines has sovereignty or jurisdiction. The

recognized. waters around, between and connecting the islands of
the archipelago, irrespective of their breadth and
MR. CALDERON. dimensions, form part of the internal waters of the
I request that Commissioner
Philippines.”
Nolledo be given the floor for the continuation of the
discussion on the National Territory. That is all. We would like to omit the last sentence.
THE PRESIDENT. Commissioner Nolledo is recog- MR. NOLLEDO. Before I state whether I acept the
nized. He is requested to come forward. amendment or not, may we ask the Commissioner to
please explain his amendment?
MR. NOLLEDO. Yes, we are now in the period of
amendments, Madam President. MR. AZCUNA. Thank you.
.
The changes here the words “NOW

include, first, OR of the depth of the supeijacent waters. Under interna-
HEREAFTER belonging” so as to cover possible future tional law, the continental shelf namely, the seabed and
;
changes in our territory. There might be an island that subsoil of the submarine area, belongs to us. This in-
will suddenly sprout from within our waters — that cludes not only the continental shelf of individual
should belong to us by accession; or we might purchase islands but the archipelagic shelves and the other sub-
a small island — that should also belong to us. So this is marine areas over which the Philippines has sovereignty
to cover very clearly the possibility of expanding our or jurisdiction — this is true in the old provision. This
territory although we do not have any intentions. Be- was intended to cover any other areas that also belong
sides, a constitution should last for years in order to to us, such as the continental slope or the continental
cover the future. Anyway, the national territory should margin, over which we have jurisdiction or sovereignty.
belong to us by sovereign right or legal title. So, my proposal is that we just rearrange the se-
The other change instead of “historic right or legal
is,
quence there. With regard to the additional sentence
title,” I would to read “SOVEREIGN right or
like it
on the straits, I would like to remove it because the
this is that I believe the more straits connecting the territorial waters with the eco-
legal title.” The reason for
proper term is “sovereign right” because “historic right” nomic zone are part of our internal waters and, there-
fore, there is no need to specify that. Our sovereignty or
has been interpreted to mean other than what it means
jurisdiction extends over them.
in international law. Therefore, I would like to substi-
tute the word SOVEREIGN — which necessarily in-
FR. BERNAS. Madam President.
cludes the exercise of sovereignty in the past and, at the
same time, would clearly denote in international law the THE PRESIDENT. Commissioner Bernas is recog-
basis for the right; namely, our sovereignty.
nized.
The other changes would put our territory in logical
sequence. The territories of a state would consist of the FR. BERNAS. Madam President, the amendment
proposed by Commissioner Azcuna is a rather
com-
following: terrestrial domain, its land territory; the
could be a minor nightmare
fluvial domain, its water territory; and the aerial do- plicated amendment. It
us who are not
main, the air territory. even for international lawyers. But for
international lawyers, it could be a
major nightmare an
The terrestrial domain includes all surfaces of land nights.
a cause of insomnia for several
above the sea that belong to the Philippines. These are
So I before we begin to consider
propose that
the ones included within the base lines of the archipe-
this — and it is rather a
complicated substitution o
lago.
Commission - I would
what has been presented by the
The fluvial waters: bays
domain includes the inland the body to be supplied with a
copy of this so that
like
and rivers, streams, as well as internal waters or the fVio HicrncQion more intellificntly
waters of the sea, landwards from the base lines.
Chair would suggest to Com-
The aerial domain of the Philippines includes the air THE PRESIDENT. The
missioner Azcuna to please write it down and then,
directly above its terrestrial and fluvial domains. All the
reproduced right away.
air that lies above our land territory and our water maybe, we can have it
territory belongs to us, all the way up to outer space

do
MR. AZCUNA. Madam President, we will that. I
where there is no more air (because air is a mixture of
— request the Secretariat
gases, and where there is only one gas — helium have it written here, and we can
copied and distributed to the
Members.
there is no air). The aerial domain extends up to where to have it
outer space begins, directly over our land and water

territories.
for a few
Then we specify that our national territory includes THE PRESIDENT. The session is suspended
the territorial sea, the seabed, the subsoil — again, we minutes.
rearranged the sequence here. The territorial sea comes It was 6:33 p.m.
first — this is the margin or belt of maritime waters
adjacent to our base lines up to the extent of 1 2 nauti- RESUMPTION OF SESSION

cal miles. It is a belt surrounding our base lines seaward.
Whether we or not, international law imposes a
like it At 6:39 p.m., the session was resumed.
territorial sea in every country that has waters. Under
the territorial sea is the seabed which belongs to us — resumed.
the seabed is the top portion of the submarine area. This
is followed by the subsoil or the land under the seabed,
which also belongs to us. And then, the insular shelves that Com-
or the continental shelf, meaning the submarine area MS. AQUINO. Madam President, we ask
that is directly under the water beyond the territorial
recognized. He is rising on a
missioner Sarmiento be
sea, up to the edge of the continental margin, regardless question of parliamentary inquiry.
THE PRESIDENT. Commissioner Sarmiento is MR. SARMIENTO. May I proceed. Madam Pres-
recognized. ident?
MR. SARMIENTO. Thank you. Madam President. THE PRESIDENT. There is a pending amendment
It the
is humble submission of this Commissioner that was submitted by Commissioner Azcuna, and we
we discuss the amendments, we have to suspended the session to give him time to write down
that before
the proposed amendments.
settle first a very prejudicial issue.
May we know if Commissioner Azcuna is withdraw-
THE PRESIDENT. What is the prejudicial issue ing for the time being or deferring consideration of his
referred to by the Commissioner? proposed amendment, so that we can give way to the
proposed amendment of Commissioner Sarmiento?
MR. SARMIENTO. The issue is whether or not this
body will retain or delete or reject that provision on
MR. AZCUNA. Madam President, may I know what
National Territory. If we reject or delete that provision,
is the nature of the proposed amendment?
then we need not discuss the amendments. We have to
settle first that matter of deletion or retention of the
MR. SARMIENTO. The proposed amendment an is
provision on National Territory.
anterior or prior amendment; that is, the deletion of
THE PRESIDENT. Is the Commissioner presenting a a provision on National Territory.
motion or not?
MR. AZCUNA. The whole thing?
MR. SARMIENTO. Madam President, I am submit-
ting an amendment by deletion.
MR. SARMIENTO. Yes.
MR. MAAMBONG. Madam President, may I be
recognized. MR. AZCUNA. I am willing to withdraw my amend-
ment for the time being.
recognized. MR. DE LOS REYES. Madam President.
MR. MAAMBONG. This brings me to a point where I THE PRESIDENT. Commissioner de los Reyes is
have to ask the Chair as to the clear parliamentary status recognized.

that we are in.
Madam would like to know if we are in

President, I
MR. DE LOS REYES. Is it not that the amendment
the period of individual amendments. If we are, then we by deletion which is actually an amendment by sub-
are through with the period of committee amendments stitution should come last after we have perfected the
and, therefore, I would take it to mean that there are no individual amendments? Therefore, the amendment
committee amendments. by deletion should come last after we have perfected
the amendments.
THE PRESIDENT. May we inquire from the sponsor
if there are any committee amendments. MR. SARMIENTO. Madam President, the anterior
amendment is a prejudicial issue because if we decide
MR. NOLLEDO. May I state. Madam President, that
that we delete the provision on National Territory, then
there are no committeeamendments. The amendment
presented by Commissioner Azcuna is actually a con-
we need not discuss the amendments — it is moot and
academic. I think it should be given first priority before
solidation of amendments submitted to him by various
discussing all amendments.
Commissioners.
THE PRESIDENT.
There being no committee amend- MR. DE LOS REYES. As I understand the Rules,
ments, then we are now open for individual amend- Madam President, we first perfect the amendment, be-
ments. cause after perfecting the amendments, there may be
no more reason for deleting the provision. It is only
MR. MAAMBONG. Madam President, whatever we after perfecting the amendments and with the pro-
call it, whether consolidation of an amendment or not,
ponent of the deletion not being satisfied with the
that is still considered under parliamentary procedure as
amendments that the amendment by deletion shall
an individual amendment. Therefore, I would like to
follow next.
suggest that if the intention of the Honorable Sarmiento
is to make an amendment by deletion, then I suppose MR. SARMIENTO. Madam President,Com- this
that his motion is for an individual amendment by missioner will not be very happy with any amendment
deletion. to perfect an amendment. I am for the total abolition
Thank you. Madam President. or deletion of that provision.
THE PRESIDENT. The Chair rules that the body desh, Botswana, Brunei, Bulgaria, Zambia, Zimbabwe,
has to decide first on the motion of Commissioner Italy, Ivory Coast, Jamaica, Japan, Jordan, Kenya,
Sarmiento. Kuwait, Liberia, Libya, Cameroon, Chad, People’s
Republic of Congo, Cuba, Czechoslovakia,
China,
MR. GUINGONA. Madam President. People’s Democratic Republic of Yemen, Denmark,
Dominican Republic, Egypt, Fiji, Finland, France,
THE PRESIDENT. Commissioner Guingona is recog- Gambia, Federal Republic of Germany, Ghana, Greece,
nized. Guatemala, Hungary, Iceland, Indonesia, Iran and many
others. So that it is the position of this humble Com-
MR. GUINGONA. Before we vote on the motion of missioner that the provision on National Territory be
Commissioner Sarmiento, may we ask him to kindly deleted. Father Bernas will make a few additions.
elaborate so that we may know the reason for his
motion. MR. RODRIGO. Madam President.
THE PRESIDENT. Commissioner Sarmiento is THE PRESIDENT. Commissioner Rodrigo is recog-
recognized. nized.
MR. SARMIENTO. I think the body has first to MR. RODRIGO. I would like to comment on this
resolve whether my motion for an anterior amendment suggestions.

isapproved before I discuss or elaborate my reasons for Madam President, we are drafting a proposed consti-
making an amendment by abolition. tution; the ones who will ratify or
recheck this proposed
Constitution are the Filipino people. Maybe some of us
THE PRESIDENT. The Chair believes that the body here understand that a provision
on National Territory
is entitled to know why the Gentleman is asking for the not binding on other ccmntries;
in the Constitution is
deletion of the entire provision on National Territory. Constitution that Guam is
that even if we place in our
it is not binding.
However, we
a part of the Philippines,
MR. GUINGONA. Thank you. Madam President. Territory in our 1935
had a provision on National
Constitution. We had and we have
a
MR. SARMIENTO. Madam Com- Constitution. Our people
tional Territory in our 1973
President, this
any provi^
missioner deeply appreciates the painstaking effort of know this. And all of a sudden, we will delete
people understand
Professor Nolledo and the members of the Committee Sion on National Territory.
Will our
a lot of explammg to
our
on Preamble and National Territory. We have discussed this? We will have to do
the provision on National Territory for a number of Even some lawyers not understand it
will
people.
it, but let us
remember it
days, and Professor Nolledo intelligently defended the Maybe some of us understand
drafting and we are not the
ones
inclusion of a provision on National Territory. However, is a constitution we are
approving this Constitution. We are
drafting
Madam President, with all due respect to Commissioner
voters in the Philip-
Nolledo and the members of the Committee on Preamble beLlf of more than 25 mUlion people rep-
all the Fihpmo
and National Territory, I move for an amendment by pines - as a matter of fact, the m
their ballots
resented by the voters who
for a will cast
deletion of the provision on National Territory I do no
my comment.
number of reasons: coming plebiscite. So, this is
understand why we are deleting
noninclusion of that provision on National think our people will m
First, the Territory which has been
and the provision on National
Territory will not, in any way, diminish,
affect our sovereignty on any portion of
Philippine the 1935 and 1973 Constitutions.
territory.
Second, a constitutional definition of territory
has no
on anything not Acting Floor Leader is recog-
effect of legitimizing a territorial claim THE PRESIDENT. The
based on solid evidence or legal right.
National
Third, the noninclusion of a provision on
with MS AQUINO. To order in the floor deliberations,
set
Territory will not strain our diplomatic relations
Commissioners who would
other countries in the concert of nations; and would like to request the “
naUons e to introduce
aLndments to f-f*' ^®st^
Fourth, there is a trend in the family of the time limitation of
five
on National J to please be conscious of
today for the noninclusion of a provision
52 of nutes.
Territory. We made a survey of 81 constitutions,
. .
of Commissioner
these constitutions have no provision on
national We would ask for the recognition
territory.
May mention a few of these countries? These

I Commissioner Bernas is recog-
include capitalist and noncapitalist countries, big
and THE PRESIDENT.
nized.
small countries: Afghanistan, Albania, Angola, Bangla-
FR. BERNAS. Thank you. Madam President. effective within its territorial limits for there is no such
Madam President, the problem presented by the Arti- rule as an extraterritorial law.
cle on National Territory is both a legal problem and

The rules on private international law permit, for the
a diplomatic problem. Therefore, whatever solution we
sake of the ultimate objective of justice especially in the
may offer for these two sets of problems should answer
solution of private rights, the recognition and enforce-
both the legal problem and the diplomatic problem. I
ment of a foreign law and the theory is that it becomes
support the deletion of the entire Article on National
temporarily a part of municipal law. Municipal law
Territory because the deletion will satisfy both our legal
really means the law of the nation, the law of the state.
needs and our diplomatic needs. Let me explain.
And everything we do, including the work of this Com-
If we delete this Article on National Territory, will mission in drafting a new constitution, is municipal law.
we any portion of our territory? No, we will not.
lose It cannot necessarily bind other nations because this is
Will it prevent us from claiming any other territory our own, we might say, unilateral act. But there is
which we may wish to claim because we have a right to always the mutual respect, perhaps courtesy, that is
claim it in the future? It will not because we recognize accorded by one state to other states.
the generally accepted principles of international law
is said that unless we have evidence of “historical
It
which do recognize various modes of acquisition of
territory and various modes of establishing a right to right or legal title,” said phrase would be useless or
territory. If we delete this entire thing, that general something to that effect. But even the ordinary or
principle of international law remains. rudimentary procedural law requires that before one can
present evidence, he must first make his allegation,
Diplomatically, if we delete this, then we avoid alegata et probata. So, we cannot be required to just
waving before any nation in the world anything which present solid, conclusive evidence through international
may be irritating or offensive to them and which may documents before we state or reassert the boundaries
harm our friendship especially with our neighbors. If we of our national territory.
retain this, we do not gain anything legally but we run
the danger of losing in the diplomatic struggle. Already The observation of Commissioner Rodrigo is per-
there are rather negative reactions coming from Malaysia tinent. We
have this provision in the 1935 Constitution.
It was rephrased in the 1973
because of inevitable implications that we are thinking Constitution. We have the
in terms of Sabah. So, I would suggest that the deletion report of the Committee which has been, hi a way,
of this provision would best serve both our legal heeds improved by the amendment by substitution. I cannot
and our diplomatic needs. Suppose the people ask us understand why at this late stage we will consider a
now: “Why did you do this? ” This is a matter we will motion for the entire deletion of the whole Article I on
have to explain. It is a challenge for us. It can be done. I National Territory.
think our people are intelligent. They will understand if The Acting Floor Leader is calling my attention that I
we explain to them. Our Constitution will contain con- am exceeding the five minutes, so thank you. Madam
cepts and structures which will need explanation. All of President.
those, we will have to explain. We are also engaged here
in an education process and I think we have to be MS. AQUINO. Madam President, we ask that Com-
con-
fident that our people, no matter how simple they are, missioner Nolledo be recognized.
can understand even the most complicated concepts,
if things are properly explained to them.
nized.
So, for these reasons, I think we can simplify things if
we drop the entire Article on National Territory. MR. NOLLEDO. Madam President, thank you.
Thank you. The arguments of Father Bernas and Commissioner
Sarmiento echoed the arguments of the late Voltahe
MR. PADILLA. Madam President. Garcia when he filed a motion to delete the definition
of the national territory in the 1971 Constitutional
THE PRESIDENT. The Vice-President
Convention. In that Convention, I was the one who
is recognized.
vigorously objected to the deletion. Now it seems to me
that based on the statements
MR. PADILLA. I understand that the basic reason for of Father Bernas that
international law will take care of everything, that we
this late motion for the deletion of Article I in National
can delete the definition of the national territory, then
Territory was expressed in previous hearings and
international law may necessarily include the Law of the
sessions to the effect that the provision on national
Sea of 1982 which contains provisions which are not
territory is only a municipal law and cannot bind the
advantageous to our archipelago, to the Republic of the
other foreign countries.
Philippines. That is why if we delete the definition of
I find that statement rather unusual because every- the national territory, then the reservations of Senator
thing, including the Constitution, is municipal law. Tolentino made before signing the Law of the Sea
Every sovereign state has a right to enact laws only would be negated. I think we should be careful about
this. Permit me. Madam President, to read some cause according to some authors, our intention was to
portions — only short paragraphs — of my speech when bind the United States President not to claim Mindanao.
I stood up in the Constitutional Convention of 1971, In the 1 97 1 Constitutional Convention, our purpose was
vigorously objecting to the deletion of the definition of to enshrine in the Constitution the archipelagic concept
the national territory. I said that: which should still be enshrined up to the present. Sup-
I am particularly concerned about the Philippine waters.
pose we have a dispute of sovereignty on insular shelves
or seabed or subsoil with a superpower or with any
The case of Sulu Sea, Mr. President, may well be the case other country, then the case reaches the International
of the Mindanao Sea, the Sibuyan Sea and the Basilan Court of Justice. How shall we look before the Inter-
Channel. The case of the Palawan waters may well be the national Court of Justice? We have no more provision on
case of the waters that surround Panay Island, Negros, National Territory; whereas before we had a specific
Bohol, Leyte, Samar, and Romblon. I trust that we will, in
provision on National Territory enshrining the archipe-
this Convention, reaffirm our sovereign rights over our lagic theory and including within our territory the
territorial and internal waters to obviate the fearful possi-
territorial sea, the seabed, the subsoil, the insular
bility of our country, now contemplated as a compact shelves, etc. We will have no such provision anymore.
territory, beingdismembered by varying areas of open seas, Commissioner Bernas says that it will not affect us
legally. But we cannot really tell how the
creating a definite and continuing threat to our national International
and integral security and diminishing, to a great degree, our Court of Justice will react to it. Perhaps, the Interna-
national unity. tional Court of Justice may decide in favor
of the
adverse party with whom we shall litigate in the
future,
If the boundaries, they ask, are already set forth in
if we remove this provision on
National Territory
the Treaty of Paris, why do we need to provide for them
interpreted as a waiver on our part as
in the Constitution? I say. Madam President, that if we because it can be
adopt the report of our Committee and make it a part if we are rejecting the
concept of the archipelagic
level, precisely, I was
of our Constitution, the ratification by our people, the principle. On the diplomatic
question because I said the
Filipino electorate numbering more than 25 million, objecting to this prejudicial
causes irritation with other
will strengthen our stand on the extent of our jurisdic- objectionable feature which
by changing is-
tion over our internal and territorial waters. It is not nations has already been eliminated
“SOVEREIGN right.” For this reason, I
true that constitutions of other nations of the world do toric right” to
Territory in our
not contain the definition of their national territory. maintain that the provision on National
Constitutions of great nations like Australia, Belgium, Constitution should remain.
Federal Republic of Germany, Portugal, Switzerland, Thank you. Madam President.
even Soviet Russia, India and Venezuela contain
ask that Commis-
lengthy definitions of their territories. MS. AQUINO. Madam President, I
I trust that this Commission will seriously take into sioner Ople be recognized.
account the arguments presented by the Vice-President
and Senator Rodrigo. The people of Palawan will not THE PRESIDENT.
ratify this Constitution because when I ran for delegate
MR. OPLE. Thank you very much. Madam
President.
in the Constitutional Convention, they told me: “You
know the Sulu Sea is being invaded by the Japanese If we were writing a
constitution in 1935 or earlier
support the Sarmien-
vessels. Our navy is powerless.” still 898, I would immediately
in 1
Articie by substitution or by
So, I trust this body will seriously consider the to motion to amend this
Keyes
What Commissioners Rodrigo and de
los
arguments against the motion to delete. deletion.
adopting this territo-
had pointed out earlier was that in
m
Thank you. Madam President. the friers
rialprovision of the 1935 Constitution,
effect, had contracted with
MS. AQUINO. Madam President, we ask that Com- the 1973 Constitution, in
is a vested interest in
a
missioner de los Reyes be recognized. the Filipino people that there
This may be a municipal law and
territorial definition.
or
THE PRESIDENT. Commissioner de los Reyes is need not bind any other country
inventory of that otherwise
recognized. munity But I think an
the components of
abstract notion of a country,
all
above the ground, in the

MR. DE LOS REYES. Madam President, Commis- that country whether below or
air space, constit
sioner Sarmiento mentioned several countries which do seas,the inland waters, or in the
constitutes a km
not include in their constitution a provision on National the national territory. This
Filipinos, rich or poor,
s •
Territory. He to mention, however, whether in

failed ventory in which all
that notion of a country
the constitution of these countries there was previously gives them an impression of
their lives if need be
a provision on National Territory. I suppose, originally, going to war and defending it with
It has, definitely, educational
and inspirational value for
those countries never included any provision on Nation-
study the Constitution
al Territory. But in our case, it is different. In 1935, we the schoolchildren when they
that this is the country
had to include a provision on National Territory be- and are told by their teachers
where they grow up as citizens, where their rights and MS. AQUINO. Madam President, I ask that Commis-
obligations are situated, and where the meaning of their sioner Laurel be recognized.
lives is actually situated.
So, I the Commissioner’s attention to the
will call THE PRESIDENT. Commissioner Laurel is recog-
day during the meeting of the Com-
fact that the other nized.
mittee on the National Economy and Patrimony, many
MR. LAUREL. Madam President, the 1935 Constitu-
fishermen from the Manila Bay and the Laguna Lake
tion included a definition of our national territory to
complained about the poaching in our internal waters
forestall the attempt as embodied in the notorious
by Japanese and Taiwanese fishing vessels. I think it will
Bacon Bill, about which Father Bernas spoke last night.
help the Philippine government and even the countries
of these poachers, if they know by this territorial In order to segregate Mindanao and Sulu from the
definition our national territory. We appreciate Com- rest of our archipelago, it was felt that by signing that
charter. President Roosevelt will commit the United
missioner Sarmiento’s pointing out that about 52 out
of 82 nations which had been surveyed did not provide States to recognize the integrity of our territory and
territorial definitions in their constitutions. Probably, prevent its dismemberment during the American regime.
I have reason to support the
they wrote their constitutions before the Law of the positions of Commissioners
Sea came up and was approved, because if they were Sarmiento and Bernas because now that the threat of
writing their constitutions today in the wake of this dismemberment is over, there is no more need for the
new covenant among nations, I am
sure most of them definition of our national territory.
would reconsider in favor of defining their national We claim our territorial sea by historic right and it is
territories. defined by the latitudes and longitudes specified in
We will have to negotiate economic zones with our Article III of the Treaty of Paris of December
10, 1898,
neighboring countries, some of which have a history of as has been recognized since the
16th century. Under
being predatory powers. I think it would be better if our this claim, our territorial sea
extends at some points in
territory be very definite, even if only from the stand- our territory as far as 320 miles eastward and 160 miles
point of our own perception of what makes up our westward. However, under the Jamaica Convention on
national territory, as when we negotiate with Taiwan. the Law of the Sea, which
we have already signed, the
There is a portion in the economic zone where we over- territorial sea of all states
is limited to only 1 2 miles
lap with Japan because Okinawa is not so far from us. from the coast. How does that
square with our historic
And then, of course, we have to negotiate with Malaysia right claim under our
Constitution?
and Indonesia because our economic zones likewise
I maintain that
overlap. It would help if there were some bearings that
the definition of our national terri-
tory serves no practical
could be found in Article I of the Constitution concern- purpose and has no legal value
whatsoever, as it will be no unilateral and
ing our own perception of the limits of the metes and more than a
a self-serving
bounds of our national territory. declaration. It is not even a standard
provision in most Commissioner
constitutions, as
would have welcomed very much the previous
I armiento has have looked at most of the 165
said. I
Bernas amendment to the same territorial definition — onstitutions of member states of the United Nations,
I think it influenced the Committee — so that this 26 of which are those of
developing countries, and
Article be purged of any element that would be con- have not yet come across a
constitution which defines
sidered offensive to any of our neighboring countries. the national territory except
ours. Worse, it will be a
Therefore, I see no ground to fear this could create legal liability because it will
hamper us to dispose of
diplomatic problems in the future. parts of our territory, as
circumstances may warrant.
Iton these grounds. Madam President, that I wish
is
For example, we could not waive our claim to Sabah
later if we so desire without
to appeal to Commissioner Sarmiento to withdraw his violating or amending the
proposed amendment by deletion. Constitution, because although the word “Sabah” is
not mentioned in our definition of national territory, it
Thank you. actually includes Sabah. However, if we do not specify
the limits of our territory, we will have more leeway in
MS. AQUINO. Madam President, I ask that Commis-
sioner Villacorta be recognized.
dealing with our foreign policy may dictate and we
it as
will not be impeded by any constitutional limitation.
THE PRESIDENT. Commissioner Villacorta So, I wish to announce that I vote yes to the Sarmiento
is recog-
motion.
nized.
Thank you.
MR. VILLACORTA. Madam President, may I ask
Commissioner Azcuna concerning his proposed amend- MS. AQUINO. Madam President, I ask that Commis-
ment? sioner Rodrigo be recognized.
THE PRESIDENT. It is Commissioner Sarmiento’s THE PRESIDENT. Commissioner Rodrigo is recog-

amendment which is now before the body. nized.
MR. RODRIGO. This is the second time I rose. I am FR. BERNAS. Yes.
not going to deliver a speech but I just want to ask a few
questions of Commissioner Bernas who spoke after me MR. RODRIGO. Thank you.
last night on this matter. Commissioner Bernas stated
that the presence of the phrase “by historic right or MS. AQUINO. Madam President, Commissioner
legal title” in the present provision on National Terri- Azcuna requests to be recognized.
tory would do us more harm than good.
THE PRESIDENT. Commissioner Azcuna is recog-
FR. BERNAS. Yes. nized.
MR. RODRIGO. The Commissioner also stated that MR. AZCUNA. Thank you. Madam President.
this could be remedied by an amendment. In fact, last I just would it is not true there is
like to indicate that
night he stated a proposed amendment, subject to im- no harm, if we delete completely the Article because
provement. My question is: Does the Commissioner during the Convention on the Law of the Sea, the
have the proposed amendment? Philippines made reservations on our internal waters as
defined in the Philippine Constitution in subscribing to
FR. BERNAS. I did not participate in the formula- this treaty. If we do not define our internal waters now,
tion of an amendment. If the entire Article is not we will have signed that treaty with no reservation, and
as a result, we will be opening up our internal
waters to
dropped, I will propose an amendment. But during the
recess, it seemed to me there was an interminable dis- foreign fishing.
cussion and we were not getting anywhere, so I thought Thank you.
the best way to solve the problem was to cut the
Gordian Knot. MR. NOLLEDO. That is true.
MS. AQUINO. Madam President, may

be recog-
MR. RODRIGO. My question is that if the possible I
harm arising from this provision could be remedied by nized?

amendment, is it not better that we just amend instead
Commissioner Aquino is recog-
of deleting the entire Article? THE PRESIDENT.
nized.
FR. BERNAS. The position I have taken is that since
removing the Article will not do us any harm and retain- MS AQUINO. I would like to register my objectioii
ing the Article will not do us much good either, it would motion to delete the whole Article
on National
to the
be better to drop the entire thing because it would save Territory.
us the trouble of debating on an amendment. Bernas
The arguments presented by Commissioners
logical, theoretical-
MR. RODRIGO. Yes, but the problem is how to and Sarmiento may be academicaUy
ly feasible, but blatantly
unhistorical.
explain that to our people.
Jurisdiction is understood in the
context of authority
authority, such that it
FR. BERNAS. It is a problem for which we have to and the sphere of the exercise of
in the context of
find solution. can only be meaningfully appreciated
is the
specific persons and a specific territo^ which
I believe the del
MR. RODRIGO. My last question is: the proposed
Is essence of dominium and impenum.
National Territory after
amendment of Commissioner Azcuna which says “NOW tion of an explicit provision
OR HEREAFTER BELONGING TO THE PHILIP- we have previously enshrined it m
the 1935 ^nd t
blow to the assertion
PINES BY SOVEREIGN RIGHT OR LEGAL TITLE” 1973 Constitutions will be a fatal
different from the original provision? Does that remedy of our sovereign omnipotence.
the possible harm mentioned by the Commissioner last I then move to
terminate the deliberations on this
night? question and I move for a vote.
Madam
prejudicial
President.
FR. BERNAS. would prefer to treat that matter
I
when we come to it. At the moment, we have the THE PRESIDENT. The Chair finds that the sponsor
not accept the jmen
-
amendment of Commissioner Sarmiento on the floor. of the committee report does
therefore, we ave
ment of Commissioner Sarmiento;
MR. RODRIGO. So, is it the Commissioner’s opinion put that to a vote.
that it is better to delete than to amend?
FR. BERNAS. Yes.

MR. SARMIENTO. Yes, Madam President.
MR. RODRIGO. In other words, to amputate rather

than to treat the malady? FR. BERNAS. Madam President.
THE PRESIDENT. Father Bernas is recognized. MR. AZCUNA. May I be recognized. Madam Pres-
ident?
FR. BERNAS. May I just say one line in response to
what my colleague and classmate Commissioner Azcuna THE PRESIDENT. Commissioner Azcuna is recog-
has said. nized.
The contention is that this will invalidate the reserva- MR. AZCUNA. I now reiterate my amendment by
tion made by former Senator Tolentino in the delibera- substitution, copies of which have already been dis-
tions. The speech of former Senator Tolentino was a tributed. This amendment is the result of the labors of
historical made specific reference to a
speech which many Commissioners.
document that was in existence then, so that even if we
delete these words, the reference of former Senator THE PRESIDENT. Will Commissioner Azcuna please
Tolentino to that document would still be subsisting. read his amendment.
MS. AQUINO. Madam President, I restate my motion MR. AZCUNA. Article I on the National Territory
to proceed to the voting on the prejudicial question reads:
raised by Commissioner Sarmiento.
SECTION I. THE NATIONAL TERRITORY COMPRISES
VIVA VOCE THE PHILIPPINE ARCHIPELAGO, WITH ALL THE ISLANDS
AND WATERS EMBRACED THEREIN, AND ALL THE
THE PRESIDENT. As many as are in favor of the OTHER TERRITORIES NOW OR HEREAFTER BELONGING
motion to delete the Article on National Territory pro- TO THE PHILIPPINES BY SOVEREIGN RIGHTS OR LEGAL
posed by Commissioner Sarmiento, say yea. TITLE, CONSISTING OF THE TERRESTRIAL, FLUVIAL
AND AERIAL DOMAINS, INCLUDING THE TERRITORIAL
FEW MEMBERS. Yea. SEA, THE SEABED, THE SUBSOIL, THE INSULAR SHELVES
AND THE OTHER SUBMARINE AREAS OVER WHICH THE
THE PRESIDENT. As many as are against, say nay. PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION.
THE WATERS AROUND, BETWEEN AND CONNECTING THE
SEVERAL MEMBERS. Nay. ISLANDS OF THE ARCHIPELAGO, IRRESPECTIVE OF
THEIR BREADTH AND DIMENSIONS, FORM PART OF THE
MR. DAVIDE. Madam President. INTERNAL WATERS OF THE PHILIPPINES.
THE PRESIDENT. Commissioner Davide is recog- MR. DAVIDE. Madam President.

nized.
VOTING THE PRESIDENT. recog-

Commissioner Nolledo is
MR. DAVIDE. I move for a division of the House. nized.
THE PRESIDENT. As many as are in favor of the

MR. NOLLEDO. Contrary to the opinion of Father
motion of Commissioner Sarmiento, please raise then- Bernas, I consider the proposed amendment not com-
hand. (Few Members raised their hand.) plicated. Therefore, on behalf of the Committee, I
accept the amendment.
Those against may please do the same. (Several
Members raised their hand.) Thank you.
The results show 8 votes in favor and 25 against; so THE PRESIDENT. The sponsor has accepted the
the motion is lost.
amendment.
MS. AQUINO. Madam President, we ask that the MR. DAVIDE. Madam President.
sponsor. Commissioner Nolledo, be recognized.
THE PRESIDENT. Commissioner Nolledo is recognized.
nized.
MR. DAVIDE. May we be allowed to introduce
MR. NOLLEDO. Madam President, I am
pleased to amendments to the amendment?
inform Commissioner Azcuna that on behalf of the
Committee I am accepting his amendment. THE PRESIDENT. Commissioner Davide may pro-
ceed.
THE PRESIDENT. Let us proceed step by step. Com-
missioner Azcuna withdrew, so let him restate his pro- MR. DAVIDE. The first amendment is to delete the
posed amendment first. words “now or hereafter.”
MR. AZCUNA. Point of order, Madam President. The To cut this parliamentary inquiry short, I would like
proposal should not be an amendment to the amend- to find out if we are reaUy considering a committee
ment, but an amendment to the committee report since amendment as accepted or are we considering this
the Committee has accepted my amendment. amendment of Commissioner Azcuna as an individual
amendment which is now being subjected to further
MR. DA VIDE. Yes, that would be an amendment to amendments by the Members of the Commission.
the Committee amendment.
THE PRESIDENT. The Commissioner may now pro-
ceed.
It was 7:33 p.m.
MR. DA VIDE. On propose to delete “now or
line 3, 1
hereafter” between the words “territories” and “belong-
ing.” May I be allowed to explain?
THE PRESIDENT. The Commissioner may proceed.
MR. DAVIDE. As admitted by the sponsor. Commis-
we ask that the
sioner Azcuna, the word “sovereign” would refer even MS. AQUINO. Madam President,
Nolledo, be recognized.
to past sovereignties. If it would refer to past sovereign- sponsor. Commissioner
ties, then that would be inconsistent with the words
we Commissioner Nolledo is recog-
“now or hereafter.” So, should delete those words to THE PRESIDENT.
give full meaning and significance to the statement of nized.
the original sponsor that the word “sovereign” would
refer to the past or present sovereignty.
MR. NOLLEDO. Thank you.
Madam President.
of
would like to answer the parliamentary inquiry
MR. NOLLEDO. May Commissioner Azcuna ex- I
amendment presented
plain? ommissioner Maambong. The
t
^Commissioner Azcuna is an
Yes, that is the ruling of the

THE PRESIDENT.
Chair.
recognized.
you, Madam President, I
MR. MAAMBONG. Thank
MR. MAAMBONG. Madam President, I am a little bit
I rise on a
am satisfied.
confused about the whole proceedings,
point of parliamentary inquiry. Commissioner Azcuna
MS. AQUINO. Madam
President.
said that what we are considering now is the committee
report. recog-
Acting Floor Leader is
raised a point of parliamentary inquiry to

Earlier, I
THE PRESIDENT. The
nized.
find out whether we are now in the period of committee
amendments. It is very clear on record that we are no
longer in the period of committee amendments; we are
in the period of individual amendments. However, it
appears that the sponsor had accepted the amendment
by substitution of Commissioner Azcuna as a committee
MR. DAVIDE. Madam
President.
amendment because it is now considered as part of the
committee report. I just want this clarified, because this recog-
Commissioner Davide is
amendment by substitution which was accepted by the the PRESIDENT.
Committee, to my not really an amendment by
mind, is nized.
substitution. When we talk of amendment by substitu-
tion, we practically overhaul the whole committee
report. Here, we are only considering very few words to
be inserted or deleted.
Between“territories” and “belonging,” the proposal Yes, will be taken up tomorrow.
THE PRESIDENT. it
is to delete “now or hereafter”; on line 10, to change
“historic” to SOVEREIGN and to insert TERRES-

TRIAL, FLUVIAL AND AERIAL DOMAINS. MR. DAVIDE. Thank you.
ADJOURNMENT OF SESSION THE PRESIDENT. The session is adjourned until

MS. AQUINO. Madam President, I move to adjourn tomorrow at five o clock in the afternoon,
the session until tomorrow at five o’clock in the after-

noon. It was 7:44 p.m.
THURSDAY, JULY 3, 1986 315
R.C.C. NO. 23
Thursday, July 3, 1986
OPENING OF SESSION Please make us worthy of the people’s trust. While in

the past, we have in our humble ways tried to help the
p.m., less fortunate of our brothers
and sisters, we have large-
with ourselves, our family, our
Munoz Palma, opened the session. ly been concerned
interests.

Please inspire and give us strength,
Lord, to trans- O
so that we can
cend our selfish needs and aspirations
fully offer ourselves to,
wards the obliteration of ex-
NATIONAL ANTHEM - exploitation commg from
ploitation in our land
THE PRESIDENT. Everybody will please rise to sing within as well as from without.
the National Anthem. special re ations with
As we remember tomorrow our
Everybody rose to sing the National Anthem. giant power, enlighten us
with Your Holy Spirit so
lat we can thoroughly on the issues concerned
reflect
THE PRESIDENT. Everybody will please remain ad
approach that would maximally
arrive at the best
interest of our beloved
standing for the Prayer to be led by the Honorable ‘rve the paramount national
Wilfrido V. Villacorta. h^Lines so that we face the judgment of his-
when
to this Const.tu-
wTur dercendants will look back
pride and admiration and not
onal Commission with this Com-
we. all in
ah bars derision; and so that
Your Gloî and that of our
PRAYER iSton! cL contribute to
MR. VILLACORTA. A reading from the Book of

Psalms:
ROLL CALL
Show Your power, O God, the power that You have
Secretary-General will call
used on our behalf, from Your temple in Jerusalem where the president. The
kings bring gifts to You. the roll.
Rebuke Egypt — that wild animal in the reeds. Re- reading:

buke the nations — that herd bulls with their calves — THE SECRETARY-GENERAL,
Present
Jamir . . . -
until they bow down and offer You their silver. Scatter Abubakar Present
Present
Laurel
those people who love to make war. Alonto Present*
'
Present
Present
Ambassadors will come from Egypt; the Sudanese will Aquino Present
Present Maambong ..
raise their hands in prayer to God. Azcuna Present
Resent Monsod .
Bacani Absent
Sing to God, kingdoms of the world sing praise to the Present Natmdad . . .
;
Bengzon Present
Lord, to Him who rise in the ancient sky. Listen to Him
Bennagen Present Nieya •
NoUedo Present
shout with a mighty roar. Proclaim God’s power; His Majes- Present . . . •
Bernas Present
ty is over Israel; His might is in the skies. Present Ople
Rosario Braid . . .
Present
Present Padilla
How awesome is God as He comes from His sanctuary, Drocka Present
Present Quesada . . • .
the God of Israel. He gives strength and power to His Calderon

'
Present
Present
people. Praise God. Castro de Present
Present Regalado ...
Colavco . . •
Present
Almighty Lord, You have given us of having this gift ^ Reyes delos
o n ....
Concepcion
•
iresem
Present
Present
the historic opportunity to frame the new Constitution ' ' '
Daride Pi»"‘ '
Present
of our people. Please will it that we may reciprocate Rodrigo . . .
Present
Your kindness and generosity by giving our people a Pq 2 Present
Present
Romulo . . •
worthy gift: a liberative document that will restore the Garcia • •

Absent
rresem
Present* Rosales....
freedom and dignity of which they have been deprived Gascon Present
Present
Sarmient . .
for four centuries. Guingona
Appeared after tlie roll call

316 THURSDAY, JULY 3, 1986
Suarez . . . . .
, . . Present Trenas Present Introduced by Hon. Tingson.
Sumulong . . .. . . Present Uka Present
Tadeo . . Present Viliacorta Present
Patrimony.
Tan Villegas Present
Tingson . . . .
The President is present. RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION A PROVISION AFFORDING MORE PRO-
The roll call shows 43 Members responded to the call
TECTION TO LABOR AND GUARANTEEING BASIC
HUMAN AND TRADE UNION RIGHTS.
of a quorum. Introduced by Hon. Gascon and Garcia.
To the Committee on Social Justice.
recognized.
TUTION THE PROVISIONS OF SECTION THREE,
APPROVAL OF JOURNAL ARTICLE THIRTEEN, OF THE 1973 CONSTITUTION,
AS AMENDED, WITH MODIFICATION, PROVIDING
MR. CALDERON. Madam President, I move that we FOR AUTOMATIC INITIATION OF IMPEACHMENT
dispense with the reading of the Journal of the previous PROCEEDINGS AFTER THE ONE-FIFTH VOTE.
session and that we approve the same.
THE PRESIDENT. Is there any objection? (Silence) To the Committee on Accountability of Public Of-
The Chair hears none; the motion is approved. ficers.
MR. CALDERON. Madam President, I move that we Proposed Resolution No. 378, entitled:
Is TUTION A PROVISION ON ANCESTRAL LANDS AND
The Chair hears none; the motion is approved. THE DISPOSITION AND UTILIZATION OF NATURAL
The Secretary-General will read the Reference of RESOURCES FOUND THEREIN.
Business. Introduced by Hon. Trenas.
REFERENCE OF BUSINESS To the Committee on the National Economy and

Patrimony.
Resolutions on First Reading and Communications, the Proposed Resolution No. 379, entitled:
RESOLUTION TO INCLUDE IN THE PROPOSED CON-
STITUTION A PROVISION TO EMPHASIZE AND
PROPOSED RESOLUTIONS ON FIRST READING STRENGTHEN THE CONSTITUTIONAL BASE FOR A
Proposed Resolution No. 374, entitled: SOCIAL HOUSING PROGRAM.
RESOLUTION PROPOSING TO INCREASE FROM SIXTY Introduced by Hon. Trenas.
TO SEVENTY-FIVE PER CENTUM CAPITAL OWNER- To the Committee on Social Justice.
SHIP OF FILIPINO CITIZENS IN CORPORATIONS AND
OTHER ENTITIES FOR THESE CORPORATIONS TO Proposed Resolution No. 380, entitled:
QUALIFY AS GRANTEES OF FRANCHISES OR CER- RESOLUTION TO INCLUDE IN THE PROPOSED CONSTI-
TIFICATES TO OPERATE PUBLIC UTILITIES AND TO
TUTION THE FIXING OF THE MINIMUM ELECTION
DISALLOW FOREIGNERS FROM SITTING IN THE
PERIOD.
GOVERNING BODY OR BOARD OF ANY PUBLIC
UTILITY. Introduced by Hon. Trenas.
Introduced by Hon. Calderon, Alonto, Tingson, To the Committee on Constitutional Commissions

Maambong, Nolledo and Rama. and Agencies.

Patrimony.
Proposed Resolution No. 375, entitled: TUTION A PROVISION MANDATING THE ELIMINA-
RESOLUTION PROPOSING TO SET ASIDE LANDS OF TION IN THE POLITICAL, ECONOMIC, SOCIAL, AND
PUBLIC DOMAIN AS PERMANENT SETTLEMENT CULTURAL LIFE OF THE NATION.
AREAS FOR CULTURAL MINORITIES. Introduced by Hon. Davide, Jr.
To the Committee on Preamble, National Territory, Proposed Resolution No. 388, entitled:
and Declaration of Principles. RESOLUTION TO INCLUDE IN THE ARTICLE ON NA-
TIONAL ECONOMY AND PATRIMONY OF THE NA-
TION A PROVISION TO INCLUDE AIRWAVES AS
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- PART OF THE NATIONAL PATRIMONY.
TUTION A PROVISION RECOGNIZING HUMAN Introduced by Hon. Rosario Braid and Bacani.
RIGHTS AS INVIOLABLE AND INALIENABLE.
Patrimony.
RESOLUTION PROPOSING A PROVISION ALLOWING
FOREIGN INVESTORS TO ACQUIRE, HOLD OR OWN
RESOLUTION RECOGNIZING THE RIGHT OF A CITI- LOTS WITH LIMITED AREA, REQUIRED FQR THE
ZEN TO REFUSE TO RENDER WAR SERVICE ON OPERATIQN OF EXPORT-ORIENTED INDUSTRIAL
GROUNDS OF CONSCIENCE. ENTERPRISES.
Introduced by Hon. Davide, Jr. Introduced by Hon. Padilla.
To the Committee on Preamble, National Territory, To the Committee on the National Economy and
Patrimony.
Proposed Resolution No. 390, entitled.
RESOLUTION TO PROVIDE IN THE NEW CONSTITUTION
RESOLUTION AFFIRMING THE RIGHT OF THE PEOPLE,
THAT THE CHURCH AND THE STATE ARE
INDE-
WHETHER EMPLOYED BY THE STATE OR NOT, TO MUST WORK TOGE-
FORM ASSOCIATIONS OR UNIONS WHOSE PURPOSE PENDENT OF EACH OTHER BUT
THER HARMONIOUSLY FOR THE COMMON
GOOD.
IS NOT CONTRARY TO LAW.
Introduced by Hon. Lerum. Introduced by Hon. Nolledo.

Provisions.
To the Committee on General
roposed Resolution No. 391, entitled.
RESOLUTION TO INCORPORATE ^
Proposed Resolution No. 385, entitled: ÊFINWG Tffi
THE LEGISLATURE PROVISIONS
RESOLUTION STRENGTHENING THE FREEDOM OF THE FUNCTIONS AND POWERS OF THE
PRESS BY INCORPORATING IN THE NEW CONSTITU- EXEMPT FROM TAXATION
TION A PROVISION EXPRESSLY PROHIBITING CEN- LIGIOUS INSTITUTIONS AND TO
PRO™^™ aP-
^
SORSHIP. PROPRIATION OF PUBLIC MONEY
OR P^P^Y
USE °
Introduced by Hon. Davide, Jr. AND OTHER RESOURCES FOR TIffi
SYSTEM
SUPPORT OF ANY CHURCH OR
Introduced by Hon. Rigos.
Committee on the Legislative.
Proposed Resolution No. 386, entitled: To the
RESOLUTION TO IMPRESS WITH IMMEDIATE EFFEC- osed Resolution No. 392,

entitled.
TIVENESS THE RIGHTS GUARANTEED BY THE BILL
OF RIGHTS BY INCORPORATING IN THE NEW CON-
STITUTION A PROVISION THAT SAID RIGHTS BIND
3SOLUTION TO INCORPORATE
TUTION A PROVISION ^HAT TIffi
^ CO^
BY Irm
VIOLATIONS OF HUMAN RIGHTS
THE LEGISLATURE, THE EXECUTIVE, AND THE
JUDICIARY AS DIRECTLY ENFORCEABLE LAW. OF ™
NATIONAL FAILURE OF JUSTICE
AMONG THE
GROUNDS FOR IMPEACHMENT,
itroduced by Hon. Sarmiento.
and Obligations and
Political Rights Human Rights. of Public
D the Committee on Accountability
ficers.
RESOLUTION TO INCLUDE A SECTION ON EDUCATION losed Resolution No. 393, entitled.
^ CONST^
IN THE ARTICLE ON HUMAN RESOURCES.
ESOLOTION TO INCORPORATE
THE
TUTION A PROVISION REQUIRING PROHIB
m
To the Committee on Human Resources. PROMOTE POLITICAL PLURALISM AND
ALL FORMS OF DISCRIMINATION AND REPRESSION MENTS REGARDING THE FUNCTIONS OF THE COM-
BY REASON OF POLITICAL CONVICTION. MISSION.
Introduced by Hon. Sarmiento. Introduced by Hon. Foz.
To the Committee on Preamble, National Territory, To the Committee on Constitutional Commissions
and Declaration of Principles. and Agencies.
RESOLUTION INCORPORATING IN THE NEW CONSTITU- RESOLUTION PROVIDING FOR A BICAMERAL LEGIS-
TION AN ARTICLE RECOGNIZING AND DEFINING LATURE, WHICH SHALL BE KNOWN AS CONGRESS
THE RIGHTS OF POLITICAL SUBDIVISIONS TO OF THE PHILIPPINES, WHOSE UPPER HOUSE SHALL
LOCAL SELF-GOVERNMENT. BE A SENATE OF TWENTY-FOUR (24) MEMBERS
ELECTED AT LARGE AND WHOSE LOWER HOUSE
SHALL BE COMPOSED OF REPRESENTATIVES
To the Committee on Local Governments. ELECTED BY DISTRICT.
Introduced by Hon. Calderon, Uka, Alonto, Rodrigo,
and Tingson.
RESOLUTION TO INCORPORATE IN THE DECLARATION
OF PRINCIPLES PROVISIONS ON THE SEPARATION
OF CHURCH AND STATE.
Introduced by Hon. Aquino and Quesada.
To the Committee on General Provisions. NEW CONSTITUTION A SEPARATE ARTICLE ES-
TABLISHING THE FRAMEWORK FOR A NATIONAL
Proposed Resolution No. 396, entitled: 1ST, SELF-RELIANT AND PROGRESSIVE ECONOMY
RESOLUTION INCORPORATING IN THE NEW CONSTI- FOUNDED ON GENUINE INDUSTRIALIZATION
TUTION AN ARTICLE ON THE NATIONAL ASSEMBLY. GUIDED BY THE PRINCIPLES OF NATIONAL SELF-
Introduced by Hon. Sarmiento. DETERMINATION AND EQUITABLE SHARING.
To the Committee on the Legislative. Introduced by Hon. Tadeo, Suarez, Quesada, Brocka,
Jamir, Bennagen, Sarmiento, Villacorta, Gascon,
Garcia, and Aquino.
Patrimony.
TUTION A PROVISION CREATING AN AGENCY FOR
THE MANAGEMENT OF GOVERNMENT EMPLOYEES’ Proposed Resolution No. 402, entitled:
UNIONS AND ASSOCIATIONS.
Introduced by Hon. Sarmiento and Tan. OF PRINCIPLES PROVISIONS ON PEACE, NEUTRAL-
To ITY, AND NONALIGNMENT.
the Committee on Social Justice.
Introduced by Hon. Aquino, Azcuna, Bennagen,
Proposed Resolution No. 398, entitled: Brocka, Garcia, Gascon, Quesada, Sarmiento,
Suarez, Tadeo, Tan, Villacorta, Rosario Braid,
Davide, Jr., Uka and Regalado.
TUTION A PROVISION GRANTING THE RIGHT TO
FORM UNIONS AND COLLECTIVE BARGAINING TO To the Committee on Preamble, National Territory,
GOVERNMENT EMPLOYEES. and Declaration of Principles.
Introduced by Hon. Sarmiento and Tan.
RESOLUTION URGING THE CONSTITUTIONAL COM-
MISSION TO CONSIDER THE ADOPTION OF A PAR-
Proposed Resolution No. 399, entitled: LIAMENTARY FORM OF GOVERNMENT.
RESOLUTION EMBODYING SECTION 1, ARTICLE XII, B, Introduced by Hon. Suarez, Tadeo and Bennagen.
OF THE 1973 CONSTITUTION IN THE PROPOSED
CONSTITUTION BUT WITH AN AMENDMENT THAT
THE COLLEGE DEGREE REQUIRED OF MEMBERS OF Proposed Resolution No. 404, entitled:
THE CIVIL SERVICE COMMISSION SHALL PREFER-
ABLY BE IN PUBLIC ADMINISTRATION BUT THE RESOLUTION PROPOSING A PROVISION IN THE NEW
CHAIRMAN AND A COMMISSIONER MUST HAVE CONSTITUTION PROHIBITING GAMBLING AND
BEEN MEMBERS OF THE PHILIPPINE BAR FOR AT OTHER SIMILAR VICES.
LEAST TEN YEARS AND WITH FURTHER AMEND- Introduced by Hon. Tingson.
To the Committee on Preamble, National Territory, Letter from Concerned Churches for Christian Liberty
and Declaration of Principles. signed by Rev. Luis Reunilla, submitting a position
paper on Christian Education.
Proposed Resolution No. 405, entitled; (Communication No. 105 — Constitutional Commission
RESOLUTION PROPOSING TO INCORPORATE IN THE of 1986)
NEW CONSTITUTION A PROVISION ON SUFFRAGE. To the Commission on Human Resources.
To Communication from Solidarity, Padre Faura, Manila,
the Committee on Citizenship, Bill of Rights,
presenting a program for cultural renewal.
RESOLUTION PROVIDING FOR A SECTION OF EDUCA- To the Committee on Human Resources.
TION IN THE ARTICLE ON THE DECLARATION OF
Services Center, Tribal
PRINCIPLES. Letter from Paralegal Training
Filipino Desk, signed by Ms.
Donna B. Zapa, enclosing
Introduced by Hon. Rosario Braid, Villacorta and of national minority
a resolution for the recognition
Gascon. people’s rights.
and Declaration of Principles. of 1986)
RESOLUTION TO INCLUDE IN THE ARTICLE ON etterfrom the Veterans’ Federation

of the Philippines
DECLARATION OF PRINCIPLES AND STATE POLI- de Ocampo, submitting a
toed by Mr. Emmanuel V. that the
CIES A PROVISION CONSTITUTING COMMUNICA- ^solution requesting a
constitutional provision
services rendered
TION RESOURCES AS A VITAL NATIONAL
RE-
tâte provide compensation for
shall
SOURCE. and freedom fighters.
y war heroes
Commission
Introduced by Hon. Rosario Braid. :ommunication No. 1 08 - Constitutional
National Territory,
»
To the Committee on Preamble, fl986)
General Provisions.
and Declaration of Principles. o the Committee on
Proposed Resolution No. 408, entitled.

etter from Family
"perfecta a
RESOLUTION PROVIDING THAT A of a policy statement
ON MASS MEDIA AND COMMUNICATION S^^questtag th^^^
growth. •
n planned population
.
CLUDED IN THE NEW CONSTITUTION. Commission

Braid, Villacorta, Gas- Communication No. 109 - Constitutional
Introduced by Hon. Rosario
f 1986)
con, Foz and Brocka.
^
General Provisions.
To the Committee on General Provisions. o the Committee on
Cruz
etter from Mr. Juan <<e.la
COMMUNICATIONS utting proposed
provisions regarding
among others.
Nationalist and epartment,
Letter from the People’s Panel for a - Constitutional
r,.n.mission
Commission
Democratic Constitution signed by
Mr. g .
:ommunication No. 1 10
politico-legal, sociocultural, and
Bautista, submitting fl986)
the Executive.
economic proposals. o the Committee on
Commission
(Communication No. 103 _ Constitutional Quemada of Suerte lights.
of 1986) etter from Mr. Alfredo J. others, a
suggesting, among
Hapawan. Cotabato,
iew of the land
reform policy.
a Nationalist and :ommunication No. 1 1 1
Letter from the People’s Panel for
Constitution signed by r. . fl986)
Democratic
information on Hie sc e Social Justice.
Bautista, requesting o the Committee on
participate.
public hearings to enable them to
P. Villar
Commission from Mr. Alvaro
(Communication No. 104 — Constitutional etter
[etro Manila, suggesting
provisions fon gr
of 1986)
Hearings.
To the Ad Hoc Planning Committee on Public
(Communication No. 1 1 2 — Constitutional Commission MR. DAVIDE. Thank you. Madam President.
of 1986)
The proposal is an amendment to the individual
To the Committee on Accountability of Public Officers. amendment of Commissioner Azcuna on line 3 of the
draft on the National Territory, and it consists merely
Letter from Concerned Young Filipinos from the South in the deletion of the words “now or hereafter” be-
signed by Mr. Rogelio V. Paglomutan and six others, tween the words “territories” and “belonging.”
suggesting proposals on the form of government, nation-
al economy and local governments, among others. THE PRESIDENT. What does the sponsor say?
of 1986) MR. AZCUNA. Madam President.

nized.
Letter from Mr. Juanito M. Acanto of Iznart Street,
Iloilo City, suggesting synchronization of elections,
among others. MR. AZCUNA. As far as I am concerned, accept the
I
— Constitutional Commission deletion of the said words, but I would like to ask the
(Communication No. 1 14
sponsor if he shares the same view.
of 1986)
To the Committee on Constitutional Commissions and MR. NOLLEDO. Madam President, the Committee
Agencies. accepts the amendment.
Communication from the Nationalist Movement for a THE PRESIDENT. The Committee has accepted the
Progressive Philippines giving answers to questions amendment.
relevant to our heritage in land.
Is there any objection to the amendment proposed
(Communication No. 115 — Constitutional Commission by Commissioner Davide? (Silence) The Chair hears
of 1986) none; the proposed amendment to the individual
To the Committee on the National Economy and amendment is approved.
Patrimony.
MR. DAVIDE. Thank you. Madam President.
MS. AQUINO. Madam President, we ask that Com-
THE PRESIDENT. The Acting Floor Leader is recog- missioner Bernas be recognized.
nized.
CONSIDERATION OF RESOLUTION NO. 263 nized.
Continuation FR. BERNAS. Madam President, I propose to delete
the phrase “belonging to the Philippines by sovereign
PERIOD OF AMENDMENTS right or legal title” and in lieu thereof insert OVER
MS. AQUINO. Madam President,

WHICH THE GOVERNMENT EXERCISES SOVER-
I move that we
proceed to the continuation of consideration on Second
EIGN JURISDICTION.
Reading of Committee Report No. 3 on Proposed Reso- So lines 3 and 4 of the proposed draft will now read:
lution No. 263. “and all other territories OVER WHICH THE GOVERN-
MENT EXERCISES SOVEREIGN JURISDICTION
Is consisting of the terrestrial, fluvial and aerial domains
The Chair hears none; the motion is approved. XXX .”
MS. AQUINO. To set some order in the floor deliber- MR. AZCUNA. Madam President, I regret that I
ations, we would like to request the Commissioners to cannot accept the amendment.
please register with us first whenever they seek recogni-
tion; and also to respect the five-minute time limit. MR. NOLLEDO. The Committee likewise regrets that
we now it cannot accept the amendment.

Madam President, are in the period of amend-
ments.
FR. BERNAS. May I say a few words in support of
We ask that Commissioner Davide be recognized. this amendment?
THE PRESIDENT. Commissioner Davide may pro- THE PRESIDENT. Commissioner Bernas may explain
ceed. his proposed amendment.
THURSDAY, JULY 3. 1986 321
FR. BERN AS. When spoke three days ago, the pro-
I So, we should not door to any future claim,
close the
position I made was that, if we must have an Article on whether foreseen or unforeseen, of our government.
National Territory at all, it must be one which does not
contain any phrase, clause or word which may harm our FR. BERNAS. Madam President.
diplomatic relations with other nations. The phrase
“legal title,” as I pointed out the other day, has ac- THE PRESIDENT. Is Commissioner Guingona
quired a very definite historical meaning since the through?
explanation for it was recorded in the annals of the
1971 Constitutional Convention. This phrase was put in MR. GUINGONA. Not yet. May I please continue.
for the purpose of covering the claim to various parts of
I regret that this abandonment might even be sug-
the world like Sabah, the Marianas, et cetera, over which
gested even before a thorough, unbiased and searching
the Philippines was not actually exercising jurisdiction.
review or evaluation of our claim is made and com-
But as I said, it was meant to be a coverall provision.
pleted. I also regret that this abandonment would give
So, if we keep this together with the meaning it has
the presumption that this Commission has lost faith in
acquired as now known among our neighbors, the irrita-
tion will continue. For that reason, I would prefer that our officials; that it believes our officials will act with-
this phrase be deleted. out integrity and responsibility; that they would, on our
behalf, present unsupported and illegal claims. I also
mention has been made of its damage or
THE PRESIDENT. Is Commissioner Bernas through? regret that
danger to the Philippines. Assuming these were true.
FR. BERNAS. Yes. Madam President, does this mean that anytime in the
future we may want to claim or study a claim we should
desist or hide ourselves in fear simply because there
is
MS. AQUINO. Madam President, we ask that Com- of the Iws-
danger of irritation or damage or because
missioner de Castro be recognized. Besides, Ma-
tility of the other party or state concerned?
the picture presente
dam President, I do not believe that
to us is an accurate one, with due respect to those who
nized. us that Malaysians are
presented it. They presented to
been to Malaysia
hostile, vengeful and unfriendly. I have
MR. DE CASTRO. Thank you. Madam President.
several times. Madam President. I had the
privuege o
Minister “
Iwould like to ask Commissioner Azcuna why the inviting personally the then Prime
to his tirst
word “history” on line 4 was changed to “sovereign.” Abdul Rahman to the Philippines which led
visit to our country. I had, have
and still have a o
MR. MAAMBONG. Madam President. Malaysian friends. The only Malaysians
w o mig
ultrana lona i
hostile us are the overzealous,^
to
MS. AQUINO. Madam particularly
President. officials of the government, ^t.
one, can affirm even un

foreign office. I, for
THE PRESIDENT. The Acting Floor Leader is recog- that Malaysians are good, understan
mg a
^
object to the Prosed
nized. and, therefore, I very strongly
misconstruction
amendment, because of a possible
MS. AQUINO. Commissioner Bernas is presently what we mean in this proposed provision.
proposing an amendment to which Commissioner de Thank you. Madam President.
Castro’s point is not yet responsive. May we request
may I be allowed
that Commissioner Guingona be recognized? FR. BERNAS. Madam President,
a brief response.
THE PRESIDENT. he going to speak regarding the
Is
Commissioner Bernas may
pro
proposed amendment of Commissioner Bernas? THE PRESIDENT.
ceed.
MS. AQUINO. Yes, it is on the proposed amendment
I
of Commissioner Bernas. FR. BERNAS. With due respect,
similar [[jj®
amendment does
to say that while the
THE PRESIDENT. The Gentleman may proceed. Sabah, does not exclude it either.
it
We adhere to the
Internationa
generally accepted principle of
session, p
MR. GUINGONA. Madam President, with due enables the nation to acquire territory hV
respect to the honorable Commissioner Bernas, I strong- chase and so forth. The phrase I
pypR-
EXER
ly object to his proposed amendment. In my opinion, territories OVER WHICH THE GOVERNMENT
because it
such an amendment might be misconstrued to mean CISES SOVEREIGN JURISDICTION . . •
exercises
that we are dropping our claim over Sabah. I have men- some future time the Philippine government
jurisdiction over Sabah or Russia, or the
Uni e »
tioned in my previous talk that our proposed provision
a very, very
on National Territory should be as flexible as possible. it will be part of our territory. So, this is
flexible concept. We
claim as part of our territory any the timekeeper. Commissioner de Castro had only one
territory over which the government exercises sovereign minute to explain.
jurisdiction. Madam President, it will be noted that I Commissioner Maambong is calling our attention to
do not say: “over which the present government exer- the Rules.
OVER
cises jurisdiction.” I just say: “ . WHICH THE
. .
GOVERNMENT EXERCISES SOVEREIGN JURIS- MR. DE CASTRO. Madam President.

DICTION.” As I said, if at some future time our govern-
ment exercises jurisdiction over, say, Russia, then it will THE PRESIDENT. Commissioner de Castro is recog-
be included in our territory. nized.
THE PRESIDENT. We are now in the process of ap- MR. DE CASTRO. When this Rules was first spon-
proving amendments to the proposed amendment on sored and debated upon, there were so many people
the Article on National Territory. against it. Since yesterday, about five spoke for and
against the subject in question, in contradiction with
MR. NOLLEDO. Yes, Madam President. our Rules. Now, I want to speak on something, but the
Chair gave me only one minute. Madam President, let
THE PRESIDENT. So, we really should not be us be fair in this hall.
entering into a prolonged debate on this matter. But in I regret that on line 4, “historic” was changed to
order that the Commissioners could vote intelligently on “sovereign,” because according to those who proposed
the amendment, the Chair is permitting some comments the change, Sabah does not like it. Madam President,
on or objections to the proposed amendment of Com- this is a municipal law. It is effective within our coun-
missioner Bernas, subject to limitation. try. If I want to befriend a certain person or a certain
Commissioner Bernas proposed an amendment which state, and I extend my hand and he extends his also
the Committee and Commissioner Azcuna rejected. only on condition that I take away the word “historic”
Commissioner Guingona is also against the proposed in the provision on National Territory, that is blackmail
amendment. So, I think we still have one more speaker, to me. I insist that the word “historic” stay just as the
after which we will vote on the matter. framers of the 1973 Constitution did. I understand it is
already on record that the word “historic” does not
MR. MAAMBONG. Madam President. include Sabah, so I am surprised why we still talk of
Sabah when we discuss our national territory.
MR. DE CASTRO. Madam President. Madam President, thank you.
MS. AQUINO. Madam President, I ask that Com-

missioner Maambong be recognized.
MR. NOLLEDO. Madam President, as the sponsor of
the committee report, may I be given only two minutes
to make a statement opposing the amendment of Com-
recognized.
missioner Bernas?
MR. MAAMBONG. Madam President, I know that we THE PRESIDENT. Is there any objection to give the
are adopting liberality in the Rules, and I am not raising sponsor two minutes? (Silence) The Chair hears none;
a point of order. Since we are in the period of amend- the sponsor is given two minutes.
ments, I would
just like to state for the record, without
raising a point of order, the interpretation of the five- MR. NOLLEDO. Madam President, I made mention
minute rule when it comes to amendments: Any Mem- in the last meetings that the term “legal title” does not
ber shall be allowed five minutes to explain any amend- only refer to our claim to Sabah but also to the bounda-
ment he may offer after which the Member who shall ries set forth in the Treaty of Paris and in other related
first obtain the floor (like Commissioner Guingona) treaties. I know there are areas beyond the 12-miIe limit
shall be allowed five minutes to speak in opposition to it which are recognized as national waters under the
and there shall be no further debate thereon. Treaty of Paris over which we really do not exercise
Madam President, of course, we can always relax the effective jurisdiction. The term “OVER WHICH THE
Rules but I am saying that the proponent of an amend- GOVERNMENT EXERCISES SOVEREIGN JURISDIC-
ment has five minutes to explain his amendment, and TION” may be susceptible to different interpretations.
the opponent to the amendment has also five minutes to So, I state that to eliminate the term “historic right or
title” will be retrogression of the highest order.
speak against it. But if we relax the Rules, that is legal
perfectly all right. Thank you. Madam President.
THE PRESIDENT. I do not think Commissioner THE PRESIDENT. I body is now ready
believe the to
Guingona has consumed the five minutes. According to vote on the amendment of Commissioner Bernas.
THURSDAY, JULY 3 ,
1986 323
MS. AQUINO. Madam President, there being no other THE PRESIDENT. What is the pleasure of Commis-
interpellatorson the amendment proposed by Commis- sioner Abubakar?
sioner Bernas, I move for a vote on the amendment to
the amendment. MR. ABUBAKAR. As forrner Philippine Ambassador

to Malaysia, I have been intimately connected with this
THE PRESIDENT. We will have a voting by the problem.
raising of hands instead of by viva voce.
THE PRESIDENT. Does the Commissioner desire to
FR. BERNAS. Madam President, may we restate the explain his vote?
amendment.
MR. ABUBAKAR. Yes. My vote is for the withdrawal
of our claim to Sabah. (Laughter)
THE PRESIDENT. Yes, please.
THE PRESIDENT. The Chair would like to remind

FR. BERNAS. The amendment is: after the phrase Commissioner Abubakar that what is now before the
“and all other territories” add OVER WHICH THE body is the proposed amendment of Commissioner
GOVERNMENT EXERCISES SOVEREIGN JURIS- Bernas.
DICTION.
MR. ABUBAKAR. Madam President, I now under-
VOTING stand the issue. I vote yes.

So, Commissioner Abubakar is
amendment of Commissioner Bernas, please raise their THE PRESIDENT.
in favor of the amendment.
right hand. ( Several Members raised their hand.)
As many as are against, please raise their right hand.

Thank you.
(Few Members raised their hand.)
The show 21 votes in favor and 14
results against;
Alonto
the proposed amendment is approved.

MR. GUINGONA. Madam President, I respectfully
move for nominal voting. Commissioner Alonto is recog-
THE PRESIDENT.
nized.
THE PRESIDENT. The session is suspended. COMMISSIONER ALONTO EXPLAINS HIS VOTE
vote yes to the amendment
pro-
It was 6:07 p.m. MR. ALONTO. I
because I am most con-
posed by Commissioner Bernas
and welfare of this country.
RESUMPTION OF SESSION cerned with the interest
Thank you.

NOMINAL VOTING ON BERNAS AMENDMENT Aquino
may be allowed to
MS. AQUINO. Madam President, I
When we called a suspension of the session, there was
a motion of Commissioner Guingona that we proceed to explain my vote?
a nominal voting on the amendment.

The Chair rules that the nominal voting can proceed
under Section 39, Rule VIII of the Rules of the Consti- HER VOTE
tutional Commission. The Secretary-General will please :OMMISSIONER AQUINO EXPLAINS
call the but I appeal to the Members who want to
roll, and ^nmistak-
SIS. AQUINO. vote y£S on the clear
I
explain their votes to make their explanation as brief as contemplation P
e understanding that the jjj
possible.
sed amendment does not exclude the poss
FIRST ROLL CALL

THE SECRETARY-GENERAL, reading: THE SECRETARY-GENERAL, reading:
Abubakar AzcunA
MR. AZCUNA. I vote no. Madam President. exercising whatever right it might have under inter-
national law.
Bacani THE SECRETARY-GENERAL, reading:
Rosario Braid
BISHOP BACANI. I vote no. and may I explain my
vote, Madam President?
COMMISSIONER ROSARIO BRAID
EXPLAINS HER VOTE
MS. ROSARIO BRAID. I vote yes on the assumption
COMMISSIONER BACANI EXPLAINS HIS VOTE that the Philippines has an open claim in the future and
that this amendment does not preclude our possible
BISHOP BACANI. I vote no. first, on the understand-
negotiation vis-a-vis Sabah.
ing the formulation proposed by Commissioner
that
Azcuna, while not excluding our claim to Sabah, does THE SECRETARY-GENERAL, reading:
not say we are claiming Sabah.
Brocka
Second, I want to ask, and I doubt whether we can
always determine, whether or not we exercise sovereign COMMISSIONER BROCKA EXPLAINS HIS VOTE
jurisdiction over a particular piece of land. Perhaps we
can determine, but can we always do this at some future MR. BROCKA. I vote yiw in agreement with the
time? Suppose the country is temporarily unable to perceptions of Commissioners Abubakar and Alonto.
exercise sovereign jurisdiction over a part of its territo-
ry, does that mean that that ceases to be part of the THE SECRETARY-GENERAL, reading:
Philippines? I doubt whether we can always ascertain, Calderon
and for that reason, I vote iio.
THE SECRETARY-GENERAL, reading: MR. CALDERON. My vote is iiQ.
Bengzon
Castro de
COMMISSIONER BENGZON EXPLAINS HIS VOTE
MR. BENGZON. I vote yes, first, because the amend- COMMISSIONER DE CASTRO EXPLAINS HIS VOTE
ment does not only preclude the government from pur-
suing but also from not pursuing its claim to any territo- MR. DE CASTRO. I vote 02 for the reason that the
ry. amendment seems to state that we exercise sovereign
Second, if any part of the Philippines is invaded or jurisdiction at present.
taken by force by any other foreign nation, that is not because according to our caucus, it
I also vote ua
contemplated as lost under the amendment. These are seems to convey that the word “historic” is against
the two reasons I am in favor of the proposed amend- what Malaysia wants. To them, the word “historic”
ment. means our claim to Sabah. “Historic” not only to Sabah
but to what we had in the past and what we can have in
THE SECRETARY-GENERAL, reading: the future. If our children, grandchildren, and great-
Bennagen grandchildren will, in fifty years, find some historic
documents which would show we have a claim to a
certain territory, then they may lose it because we are
COMMISSIONER BENNAGEN EXPLAINS HIS VOTE taking from them their right to claim it. Also, the word
“historic” will put to naught the different treaties upon
MR. BENNAGEN. I vote yes but on the assumption
which our national territory has been based.
that the provision will not preclude some other future
claims, not necessarily Sabah.
THE SECRETARY-GENERAL, reading: Colayco
Bernas
COMMISSIONER COLAYCO EXPLAINS HIS VOTE
COMMISSIONER BERNAS EXPLAINS HIS VOTE COLAYCO. good reasons in favor of the
All the
amendment have been heard, and I wish to add this one.
FR. BERNAS. I have not changed my mind. I vote Because of this long-pending claim, we have not been
yes and I just would like to give the assurance that this able to foster a full commercial relationship with
amendment does not preclude the Philippines from Malaysia.
I, therefore, vote for the amendment. subject to misconstruction. I am afraid that by attempt-
ing indirectly, impliedly or inadvertently our claim to
THE SECRETARY-GENERAL, reading: Sabah as some of us believe would be the effect of this
Concepcion
amendment, we would be outdoing the Malaysians; we
would be more Malaysians than the Malaysians them-
selves.
COMMISSIONER CONCEPCION EXPLAINS
HIS VOTE Madam under Article XII of the Manila
President,
Accord entered into among the Federation of Malaysia,
MR. CONCEPCION. I vote no, the reason being that the Republic of Indonesia, and the Republic of the
“OVER WHICH THE GOVERNMENT
the expression Philippines, the Ministers said, and I quote:
EXERCISES SOVEREIGN JURISDICTION” implies a
The Ministers took note of the Philippine claim and the
waiver to whatever rights we have over Sabah. I am
rightof the Philippines to continue to pursue it in accord-
positive that at present we are not exercising sovereign
ance with international law and the principle of pacific
jurisdiction over Sabah. So, in that belief I feel that the
settlement of disputes. They agreed that the inclusion of
amendment is already a renunciation of our claim to
North Borneo, now Sabah, in the Federation of Malaysia
Sabah.
would not prejudice either the claim or any right there-
THE SECRETARY-GENERAL, reading: under.
Davide My vote, therefore. Madam President, is no.
COMMISSIONER DAVIDE EXPLAINS THE SECRETARY-GENERAL, reading:

HIS VOTE
Jamir
MR. DAVIDE. Madam vote no and my
President, I
explanation is that the proposal casts a cloud of doubt MR. JAMIR. I vote
on the validity of our claim to Sabah. It is not for us to
vote for a waiver. We would be depriving the generations THE SECRETARY-GENERAL, reading:
to come of a basis for a claim to a territory over which
Laurel
we have a historic right. We will have difficulty selling
our work to our people, we now waive our claim to
COMMISSIONER LAUREL EXPLAINS HIS VOTE
if
Sabah.
MR. LAUREL. With the assurance of the proponent
THE SECRETARY-GENERAL, reading: of the amendment. Commissioner Bernas,
that this does
Foz not do away with our future claim to
any particular
territory, including Sabah, I vote
yes.
COMMISSIONER FOZ EXPLAINS HIS VOTE

MR. FOZ. I vote yes, because the amendment has
Lerum
nothing to do with Sabah. We should allow the national
leadership to address the question.
MR. LERUM. My vote is
Thank you.
Maambong
Garcia
VOTE
COMMISSIONER MAAMBONG EXPLAINS HIS
MR. GARCIA. I vote yes .
Madam President, but

THE SECRETARY-GENERAL, reading: dR. MAAMBONG. I vote y^,
so doing, in the assumption that this proposed
suggest to
Gascon
jndment be carried, I would like to
will
Guingona honorable P/oPonent
honorable sponsor and to the
substitute amendment in
advance that there
the
COMMISSIONER GUINGONA EXPLAINS HIS VOTE uld be some realignment of
“OVER
phrase reads:
XHE GOV^^
MR. GUINGONA. Madam have already
President, I 1
JURISDICTION,
expressed my views, but with your kind permission I NT EXERCISES SOVEREIGN amedment on
would like to add something to explain my vote. 1 in the latter part of the substitute
Philippmes
I Talso reads: "areas over which the
I said earlier that we should make our provision on
!
sovereignty or jurisdiction,
National Territory as flexible as possible, principally by
not using ambiguous or unclear terms which may be rhank you. Madam President.
THE SECRETARY-GENERAL, reading: future Napoleon in Malacanang decides to invoke the

Monsod ambiguities in this territorial provision and send an
army, including my grandchildren, to Sabah. I would
MR. MONSOD. I vote yes .
regret that very much. I would not want them to die for
strange places, like Sabah or any other territory over
THE SECRETARY-GENERAL, reading: which we may have a claim or assert future claim,
which, in any case, is not foreclosed.
Natividad Nieva
One of the reasons I am voting for this amendment is
MS. NIEVA. I vote yes .

that I do not think any of our rights is unduly threat-
ened.
THE SECRETARY-GENERAL, reading: And so. Madam President, in the interest of clarity as
Nolledo to what constitutes our national territory which will
claim, if need be, our lives, our fortunes and our sacred
COMMISSIONER NOLLEDO EXPLAINS HIS VOTE honor to be passed on to our posterity, and also in the
interest of safety and the security of my own mind
MR. NOLLEDO. I vote against the amendment about what I will lay down my life for, I vote yes .
because it, in effect, drops our claim to Sabah, just like Thank you.
dropping a hot potato.
Elimination of the term “legal title” may imperil our THE SECRETARY-GENERAL, reading:
right to our waters under the Treaty of Paris and other Padilla
treaties. I adhere to the well-taken arguments of Com-
missioner Roberto Concepcion. COMMISSIONER PADILLA EXPLAINS HIS VOTE
THE SECRETARY-GENERAL, reading: MR. PADILLA. Madam President, the Bernas amend-
ment would change the clause “belonging to the Philip-
Ople pines by historical sovereign right or legal title” with the
phrase “over which the Philippines exercises sovereign
COMMISSIONER OPLE EXPLAINS HIS VOTE jurisdiction.”
MR. OPLE. Thank you. Madam President. notice that what is accepted and what appears in the
I
I vote yes . First of all, I do not think the Bernas amendment, as in the substitute amendment, as well as
amendment in the 1973 Constitution, reads: “over which the Philip-
forecloses any just claim of this country on
any part of the earth, whether in the past, in the present
pines has sovereignty or jurisdiction.” This amendment
or in the future, because will contradict what is already accepted, and I quote;
all such claims are duly pro-
tected by international law which, in fact, we have
“over which the Philippines has sovereignty or jurisdic-
agreed to adopt in this Constitution. tion.” The words “sovereignty” and “jurisdiction” are
separated by the disjunctive “or,” but they are now
I was very supportive of the Azcuna amendment. I
being joined, and “jurisdiction” is even qualified by the
think the amendment can stand. But there was another
adjective “sovereign.”
amendment which I thought addressed the concern of
Madam what “sovereignty or
Commissioner Guingona — that there should be as few President, is accepted is
ambiguities in the Constitution as possible, and I think jurisdiction.” The amendment specifies “sovereign
the Bernas amendment is definitely more unambiguous jurisdiction.”
than the earlier amendments that had been presented. So, I vote against the amendment because it will be
Madam President, this may
look an innocent provi- confusing and even contradictory. Moreover, if this
sion on National Territory. After all, it does not trans-
amendment does not foreclose any claim — and I would
cend municipal law. On the other hand, when we define not want to specify Sabah — why then change the
our national territory, any part thereof becomes sacred present provision? If there is no purpose for the amend-
to this generation and all other generations of Filipinos,
ment, why accept the amendment? I also wish to con-
cur with the observations of Commissioner Concepcion.
and to that, under the American Declaration of In-
dependence which Filipino children like to quote until Thank you.
now, “we pledge our life, our fortune and our sacred
honor.” THE SECRETARY-GENERAL, reading:
I do not mind sending my
children to the Kalayaan
Quesada
Island inorder to defend that part of our national
territory. I do not mind sending my grandchildren to COMMISSIONER QUESADA EXPLAINS HER VOTE
Palawan to die there in defense of Palawan. I do not
mind sending them to Tawi-Tawi to offer their lives in MS. QUESADA.
vote with the understanding
I
defense of Tawi-Tawi. But I certainly will mind if some and the assurance of the proponent that this amend-
ment will not preclude any future claim on Sabah or “sovereign rights.” But because we were amending the
any other territory. Constitution of 1972, and the Sabah issue was a very
hot issue at that time, we had to put a safety valve
THE SECRETARY-GENERAL, reading: provision in the Constitution or we might be held in
estoppel from claiming other territories, not necessarily
Rama
Sabah, which historically and legally belong to us. To
COMMISSIONER RAMA EXPLAINS HIS VOTE my mind, therefore, there is no cause for alarm in main-
taining the present provision changing the term “historic
MR. RAMA. Despite the assurances of the proponent right” to “sovereign right.” Also, there is no harm in
that this does not preclude the Philippines from pursuing accepting the Bernas amendment in the light of his
its claim to Sabah, it seems that even among the Mem- explanation that it will not preclude us later on from
bers of the Commission we have differing views and claiming Sabah. Since I do not attach much significance
interpretations of the amendment. on this issue one way or the other, I, therefore, abstain.
I amreminded. Madam President, of the legal prin-
Madam President.
ciple that the author of an ambiguity in a phrase or a

provision suffers such ambiguity. In other words, an
ambiguity shall be resolved against the author which in Rigos No Rodrigo
this case will be the Commission, if we adopt the
amendment. COMMISSIONER RODRIGO EXPLAINS HIS VOTE
Therefore, vote no. for the reasons
I
MR. RODRIGO. Madam President,
I also vote
already given by those who voted yes,
THE SECRETARY-GENERAL, reading: But would add something. I
like to want to comment
some who voted no —
I
Regalado 3 n the misgivings expressed by

that if we adopt this amendment,
then we lose sovereign
iurisdiction over a portion of the present Philippme
COMMISSIONER REGALADO EXPLAINS HIS VOTE example, Batanes is
territory. This means that if,
for
MR. REGALADO. Madam I vote
President,not conquered by a foreign nation,
temporarily invaded and
of Commissioner over Batanes it tms
because of any so-called assurances then we lose sovereign jurisdiction
Bernas, but because of the intendment and the purpose amendment is approved. That is not so.
Madam Pres-
such an amendment is intended to subserve, it being “over which the govern-
ident, because this amendment
understood that the word “exercises” is used in its does «ot refer to
ment exercises sovereign jurisdiction”
durative verb form and the term “sovereign jurisdiction” portion of the Philippines which
we now have. Let
any
is used in the sense of its present concept under the me read the first sentence of the Article;
principles of public international law, in accordance Philippme archi-
The national territory comprises the
with the rule of contemporaneous construction. therem,
pelago with all the islands and waters embraced
Philippmes has
and all other territories . over which the
. .
THE SECRETARY-GENERAL, reading: sovereignty or jurisdiction.

Reyes de los to territories other
than
“All other territories” refers
the islands presently
comprising the ***^^*PP‘"® _
MR. DE LOS REYES. Madam President, may I be applies to or modiHes
peLgo. So, sovereign jurisdiction
allowed to explain my vote? not any land or island
onlv other territories and
Philippine archi-
THE PRESIDENT. Commissioner de los Reyes may wmch 'rnow considered part of the
pelago.
proceed.

COMMISSIONER DE LOS REYES
Romulo
EXPLAINS HIS VOTE
VOTE
MR. DE LOS REYES. Madam President, when the COMMISSIONER ROMULO EXPLAINS HIS
Constitutional Convention of 1971 included the phrase on the grounds that
we
“historic right or legal title,” it was not specifically in-
MR ROMULO. I vote
e
have enough problems on
what is clearly now our
tended to claim Sabah. As I understood it, the term claim somebody else s
territory.
refers to territories like Batanes and/or other territories
included in the Treaty of Paris and other international
agreements.
S
torv more so when we
yes on the assumption that the
"vote
does not bar wr claims to
amendment
some future territory.
wedid not have a constitutional amendment in

If
1972, there would have been no need to place that
Sarmiento
phrase “historic right or legal title,” now changed to Rosales
328 THURSDAY. JULY 3, 1986
COMMISSIONER SARMIENTO EXPLAINS HIS VOTE internally and externally or we can claim Sabah to be
a part of our national territory.
MR. SARMIENTO. The Bernas amendment will not,
in any way, diminish our sovereignty over any territory. Thank you. Madam President.
As a matter of fact, even without a provision on Nation-

al Territory or even without the Bernas amendment, our
sovereignty over any territory will not be affected. The Tadeo No Tan
Bernas amendment should cause no fear among our
brethren because it will not prevent now or hereafter COMMISSIONER TAN EXPLAINS HER VOTE
the Aquino government or future governments to pur-
SR. TAN. Madam President, I have no legal reasons
sue its claim over any territory.
for voting yes that have not already been stated, but
I, therefore, vote yes for the Bernas amendment. I choose to vote in the affirmative because I feel that
this amendment would hasten peace and harmony

THE SECRETARY-GENERAL, reading: among our Asian neighbors. And to me this is primary
Suarez to a claim to a foreign land.
COMMISSIONER SUAREZ EXPLAINS HIS VOTE THE SECRETARY-GENERAL, reading:

Tingson Trenas
MR. SUAREZ. I with my vote.
might as well start
I vote against the amendment. As a simple citizen of this
COMMISSIONER TRENAS EXPLAINS HIS VOTE
country, I find it presumptuous to waive our nation’s
historic rights and legal title. MR. TRENAS. I vote ng and I adopt the reasons of
Thank you. those who voted in the same manner.

Sumulong Uka
THE PRESIDENT. Commissioner Sumulong is

COMMISSIONER UKA EXPLAINS HIS VOTE
recognized. MR. UKA. Madam President, I vote because the
Bernas amendment is very clear. It will not, in any way,
COMMISSIONER SUMULONG EXPLAINS HIS VOTE preclude us from claiming any territory over which we
MR. SUMULONG. have a valid claim. By said amendment, we can even
It is a well-established rule of
international law that a state can claim as its national claim the moon in the future. I do not think Astronaut
territory only that territory over which it has sovereign- Armstrong will ever object. I vote yes.
ty or jurisdiction. If the Philippines has sovereignty or Thank you very much.
jurisdiction over Sabah, then Sabah is a part of our
national territory. If we do not exercise sovereignty or THE SECRETARY-GENERAL, reading:
jurisdiction —
and sovereignty or jurisdiction means Villacorta
control of internal as well as external affairs — how can
we claim it as part of our territory? We may put in our COMMISSIONER VILLACORTA
Constitution that we are claiming Sabah, but we cannot
EXPLAINS HIS VOTE
say that it is part of our national territory as long as we
do not exercise sovereignty or jurisdiction. That is why MR. VILLACORTA. Madam President, I vote jifi in
our national territory is defined in our 1935 Constitu- the absence of an unmistakable assurance that will be
tion as: universally understood, that the term “sovereign juris-
diction” is not an oath to limitation that could not
... all the territory ceded to the United States by the
Treaty of Paris together with all the islands embraced
compel the Philippines in asserting her future terri-
. . .
torial claims to satisfy all the stringent requirements

in the treaty concluded at Washington and all territory . . .
of claims to sovereignty; namely, effective occupation,

over which the present Government of the Philippine
historic rights, legal title, and the right of national
Islands exercises jurisdiction.
self-determination. I also vote no because twice, last
The phrase was added upon the strong suggestion
last night and tonight, my express intention to exercise
of President Recto because he knows that we can only my right to seek clarification duly registered with the
claim as part of our national territory only those terri- Floor Leader was stifled by inflexible parliamentary
tories over which we exercise control, sovereignty or rules.
jurisdiction.
Iagree with Commissioner Bernas. This will not stop

us if someday Sabah should come under our control Villegas
COMMISSIONER VILLEGAS EXPLAINS HIS VOTE the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories
MR. VILLEGAS. vote no because as far as I can
I
OVER WHICH THE GOVERNMENT EXERCISES
gather from my contacts with the Malaysians, their SOVEREIGN JURISDICTION. .
.” After the word
objection has been to the word “historic,” and I think “jurisdiction,” I propose to add AS WELL AS THOSE
“sovereign right” and “legal title” will not be objection- UNDER HISTORIC RIGHT OR LEGAL TITLE, then
able to them. continue the rest of the sentence.
THE PRESIDENT EXPLAINS HER VOTE MR. AZCUNA. Madam President, I regret I cannot
accept the amendment. I would rather throw it to the
THE PRESIDENT. Before the Secretary-General
body.
conducts a second call for those who have not registered
their votes, the President desires to vote.
THE PRESIDENT. What does the sponsor say?
I examined the Rules and there is actually no prohibi-
tion against the President voting. The Rule says: MR. NOLLEDO. The Committee has the same
The President or the Presiding Officer shall not be decision as Commissioner Azcuna.
obliged to vote except to break a tie.
THE PRESIDENT. The amendment is not accepted?
In other words, I can exercise my option to vote and I
would like to vote. MR. RODRIGO. This, in effect, is practically a
I vote no because if, as stated here by the honorable motion for reconsideration.
proponent and the other Members of the Commission,
the amendment would not foreclose any possible claim THE PRESIDENT. It has not been accepted by the
on any territory including Sabah, then I believe there is sponsor.
no reason why we should change the phrase that is
know the reason why?
present in the amendment proposed by the sponsor and MR. DE CASTRO. May I
by Commissioner Azcuna. I believe that the phrase “be-

longing to the Philippines by sovereign right or legal MR AZCUNA. because we precisely would like
It is
of the particular
title” is more embracing and flexible to include all ) avoid the word “historic” because
the hi th^^
possible situations concerning the national territory of annotation of that word during
the Philippines. So, I vote no. 971 Constitutional Convention.
connotations; therefore
on to be free from those
SECOND ROLL CALL lopted the word “sovereign” so
than what th g tgg in
e wanted it to mean rather
THE PRESIDENT. That is Whe reas
The Secretary-General will con-
971 wanted “historic” to mean. covers
duct a second call for those who have not registered ant to avoid “historic”
although sovereign
their votes. le same thing.
may I a* a
THE SECRETARY-GENERAL, reading: MR DE CASTRO. Madam President,
uestion of the one who objected to the amendment.

Gascon Yes Rosales
Natividad Tingson

Gentleman is
favor, 17 against and abstention; the Bernas amend- AR. DE CASTRO. The word histori
not in favor of the
1
sav afraid -
ment is approved.
lause it is a word which had
frank about this^
lerstand by Malaysia. Let us be
MS. AQUINO. Madam
THE PRESIDENT. The

President.
Acting Floor Leader is recog-

!s a wo^d objected to by Malaysia
nifestation of our claim
because h
âbah. As
affects us only.
I said ^
be^
y
,
’
ismunicipal law which
a
nized.
'uld some other people, ' As i
“historic right
ved in our use of the term amhy
MS. AQUINO. We ask that Commissioner de Castro ânt
before, if we want to be friends and we
be recognized. 1
nations, that amity
mus
one nations with all other
> be answered with
amity. It is
wants some mg ”
:o another because he
^
nized.
ion is conditional to not
using
not talkmg about
its
MR. DE CASTRO. Madam President, please allow me dam President, I am
to read the amendment of the Honorable Bernas. It isequences on our relations °
law and it has noth g to do
nthine
ist that this is a municipal
states, and I quote: “The national territory comprises
with any other nation. If the sponsor will not accept my I concur with the correct observation of Commis-
amendment, I will request a division of the House on sioner Concepcion.
this.
MR. QPLE. Madam President.

MR. CONCEPCION. Madam President.
THE PRESIDENT. Commissioner Concepcion is THE PRESIDENT. Commissioner Ople is recog-

recognized. nized.
MR. CONCEPCION. One question occurs to me. A MR. QPLE. In the interest of symmetry, I hope the
substantialnumber of those who voted said, “I vote Chair will allow me to say a few words in reply to some
yes in reliance upon the accuracy of the opinion ex- of the misgivings just expressed.
pressed by Mr. So and So that this amendment does not
affect our claim to Sabah.” The question is: Can that
answer be considered a yes vote? What kind of a vote THE PRESIDENT. Please proceed.
is it? Can we cast a conditional vote? When ‘'yes” is
conditional or predicated upon the express assumption MR. OPLE. Yes. On the part of those who voted yes
that the opinion or conclusion expressed by another is to the amendment, I, of course, recognize that there is
correct, does not the giver of the answer manifest his no equality of legal perceptions in a disparate body of
lack of adequate knowledge to answer without qualifica- this kind, and there are some who may feel they are
tion? more gifted about legal issues to the extent of being
able to divine the authentic intent of those who cast
MS. AQUINO. Madam President. a vote in these proceedings. But I think those who make
up this Commission are entitled to a certain benefit of
THE PRESIDENT. Thank you. the doubt, that they do not cast their votes without
What is the pleasure of the Acting Floor Leader? having achieved an inner degree of conviction; that,
in fact, these votes are meaningful to them and are
MS. AQUINO. May I be recognized expressive of their true intent.

in reply to the
made by Justice Concepcion?
position I just wanted to say that. Madam President.
Thank you.
THE PRESIDENT. The Acting Floor Leader may
proceed.
THE PRESIDENT. Insofar as the Chair is concerned,
the votes of the Commissioners who voted yes are
MS. AQUINO. Ivoted yes and the contemplation of positive affirmative votes and whatever has been stated
my affirmative vote was the clear and unmistakable is an explanation of the vote that has been given and,
understanding that a vote in favor of the amendment therefore, the votes, as already reported, stand.
does not exclude any claim by way of historic right or
legal title. If it includes Sabah, that is fine. But it
was MR. GUINGONA. Madam President.
not based on an assurance given by any other pro-
ponent of the amendment. And I believe I speak on
behalf of the other colleagues who voted the same. THE PRESIDENT. Excuse me. There is an amend-
ment of Commissioner de Castro which is before us and
MR. PADILLA. Madam President. which has not been accepted by the sponsor. So that we
will have to vote on this particular amendment of
Commissioner de Castro.
THE PRESIDENT. The Vice-President is recognized.
Will Commissioner de Castro please repeat his pro-
MR. PADILLA. What I heard from the many state- posed amendment?
ments of the distinguished Commissioners who voted
yes was that their votes were conditional based on the MR. DE CASTRO. On line 4, Madam President, insert
understanding or the assurance or whatever is being the words AS WELL AS THOSE UNDER HISTORIC
assured that this does not conflict with the previous RIGHT OR LEGAL TITLE.
term, and would not preclude the possible claim over
On my proposed amendment, the whole sentence
Sabah.
now reads: “The national territory comprises the Philip-
I have heard many explanations of the votes, and to pine archipelago, with all the islands and waters em-
me, they are conditional. Worse, this is based on the braced therein, and all the other territories over which
assurance of some other Members. I cannot understand the government exercises sovereign jurisdiction AS
a vote that is based on assurance and is, therefore, WELL AS THOSE UNDER HISTORIC RIGHT OR
conditional. LEGAL TITLE.”
VOTING that in the period of amendments, the one who pro-

posed the amendment and the one who opposed it
each had five minutes to speak for or against the pro-
proposed amendment, please raise their hand. (Few posal. There is no rule which says that anybody can
Members raised their hand.) just stand up here and start talking about other matters
As many as are against, please raise their hand. other than the amendment being considered. I am just
( Several Members raised their hand.) trying to relay that again. Madam President, so that we
There are 9 votes in favor and 24 against; the pro- can have some sanity in these proceedings.
posed amendment of Commissioner de Castro is lost. Thank you very much.
MR. GUINGONA. Madam President, just for clarifi- THE PRESIDENT. Thank you very much for lectur-
cation. Regarding the assurance given by the honorable ing to us and to the Commissioners.
proponent on his amendment, what effect would it Is there any other amendment?
have as far as the provision is concerned? Would it have
a binding and persuasive effect? MS. AQUINO. Madam President, Commissioner
Davide has manifested his intention to introduce ano-
THE PRESIDENT. Is the question directed to me or ther amendment. We ask that he be recognized.
to the proponent?
MR. GUINGONA. It is directed to Commissioner nized.
Bernas.
MR. DAVIDE. Thank you, Madam President.
FR. BERNAS. I regret I was not listening. Could the
The amendment would be after the Bernas ame^
Gentleman kindly repeat the question?
ment, and it reads: OR WHICH BELONG TO IT
TIMES PAST.
MR. GUINGONA. Madam President, I wanted to
be Since the Gentleman has made the as-
clarified. 'XTJT2 T>r> t2CTrkt?xTnr wvi/ar^ ic that to be inserted?
surance that his amendment would not affect any claim
of the Philippines either now or hereafter, including After the Bernas amendment,
Madam
MR. DAVIDE.
presumably our claim to Sabah, what would be the
President.
effect of such a statement? As far as the provision is
concerned, not as far as those who voted are concerned, any objection?
would it have a binding and persuasive effect?
MR. AZCUNA. We do not accept the amendment,

FR. BERNAS. Madam answer the
President, before I
Madam President.
question, may I just raise a point of order? We have
voted on the proposition; we have gone beyond the may I be allowed to
interpellation period; we have gone through the amend-
MR. DAVIDE. Madam President,
Now, we are having interpellation again explain?

ment process.
for clarification. to the floor. Madam
MR. AZCUNA. We throw it
Commis- President.
THE PRESIDENT. So, the statement of
sioner Guingona is out of order.
THE PRESIDENT. Will Commissioner Davide please
FR. BERNAS. It is my contention that it is out of
explain his amendment?
order. If he wants me to answer that, I will answer him
from
in private. MR. DAVIDE. As could easily be determined
amendment, i is vety
the votes in favor of the Bernas
THE PRESIDENT. The Chair believes that the mani- clear that thesevotes were because of the
festation of Commissioner Guingona is out of order. will no
by the proponent himself that it .•
particular in
Let us proceed. Is there any other amendment? claim over Sabah. But that .
riot borne out by the language.

So, P^°P°
to put on record, to place it in
black and w i e, ^
MR. MAAMBONG. Madam President. re

by the Bernas proposa
is
interpretation given
any claim over Sabah. The
m
THE PRESIDENT. Commissioner Maambong is to foreclose
clarify the confused situation on
the iûe. o,
nlead
P ^
recognized. Bernas
to those who voted in favor of
the
interpretation given that we
MR. MAAMBONG. I do not want to sound like a because of the
the de ini i
broken record,Madam President, but I stated earlier make it in the language of
very clear
the national territory that, indeed, we have not fore- THE PRESIDENT. Yes, please continue.
closed or waived a claim.
I submit to a vote by the body. MR. MAAMBONG. On line 7, after the insertion I
just mentioned, delete the words “over which the Philip-
THE PRESIDENT. the proposed amendment ac-

Is
pines has sovereignty or jurisdiction.” So that the provi-
sion, as amended, would now read: “Consisting of its
cepted or not accepted? I did not hear Commissioner
terrestrial, fluvial, and aerial domains, including the
Azcuna.
territorial sea, the seabed, the subsoil, the insular shelves
MS. AQUINO. It is not accepted. I move for a vote, and the other submarine areas THEREOF.”
Madam President.
MR. AZCUNA. I would accept the amendment.
THE PRESIDENT. We are now ready to vote on the MR. NOLLEDO. The Committee accepts the amend-
proposed amendment of Commissioner Davide. Will
ment.
Commissioner Davide kindly read that again.
MR. MAAMBONG. Thank you. Madam President.
MR. DAVIDE. After “sovereign jurisdiction,” add the
following: OR WHICH BELONG TO IT SINCE TIMES
PAST and then put a comma (,).
THE PRESIDENT. Anterior amendment of Commis-
VOTING sioner Davide.
THE PRESIDENT. As many as are in favor of the MR. DAVIDE. I have two anterior amendments. The
proposed amendment of Commissioner Davide, please
first on line 6, and is just a deletion of the article
is
raise their hand. (Few Members raised their hand.)
“the” between “and” and “other.”
As many as are against, please raise their hand.
Members raised their hand.)
( Several THE PRESIDENT. The deletion of the word “the
There are 12 votes in favor and 18 votes against; the between “and” and “other”?
proposed amendment is lost.
MR. DAVIDE. Yes.
MR. CONCEPCION. Madam President, I was out
when the votes were counted. I would want to register
THE PRESIDENT. How will it read?
my vote in favor of the amendment of Commissioner
Davide. MR. DAVIDE. On line 7, delete the “s” in “sub-
marines.”
THE PRESIDENT. So, there will now be 13 votes in MR. AZCUNA. It is just “submarine.”
favor of the amendment.
MR. DAVIDE. So, it should be “submarine areas.
MR. AZCUNA. Yes, that is how it reads now; there is
THE PRESIDENT. Commissioner Maambong is no “s” there.
recognized.
MR. DAVIDE. My text has an “s” on “submarine.
MR. MAAMBONG. I would now propose an amend-
ment. MR. AZCUNA. It is a typographical error. Madam
President. I am sorry.
THE PRESIDENT. Does Commissioner Davide have
MR. MAAMBONG. On line 4 of the draft of the sub- any other amendment?
stitute amendment of Commissioner Azcuna, delete the
word “the,” and in its place, insert the word ITS. Then, MR. DAVIDE. So, if the word is “submarine” with-
on line 7, after the word “areas,” insert the word out an “s,” I would have no amendment on line 7.
THEREOF, then place a period (.). My only amendment would be the deletion of “the”
on line 6, between the words “and” and “other” at the
MR. DAVIDE. Anterior amendment. Madam Pres- end of the line.
ident.
MR. AZCUNA. So, how does that part read now?
MR. MAAMBONG. Madam President, if will I not be
allowed to finish my amendment, it will not be under- MR. DAVIDE. It will read: “and other submarine
standable. areas.”
MR. AZCUNA. I accept that, Madam President. MS. AQUINO. Madam President, we ask that Com-
missioner Azcuna be recognized to read the Article, as
THE PRESIDENT. Let us proceed first with the amended.
amendment of Commissioner Maambong. So, is that
clear? MR. AZCUNA. Madam President.
Commissioner Maambong, how will it read now after

the Bernas amendment?
nized.
MR. MAAMBONG. After the Bernas amendment, it

amended,
will read: '‘consisting its terrestrial, fluvial, and aerial
of
MR. AZCUNA. The Article now, as will
read as follows;
domains, including the territorial sea, the seabed, the
subsoil, the insular shelves and other submarine areas Article I
THEREOF,” then put a period (.). The National Territory

Section 1. The national territory comprises the Philip-
THE PRESIDENT. Was this accepted by the Commit- pine archipelago, with all the islands and waters em-
tee? braced therein, and all THE other territories over which
the government exercises sovereign jurisdiction, consist-
MR. AZCUNA. Yes, we accepted. ing of its terrestrial, fluvial, and aerial domains,
includ-
ing the territorial sea, the SEABED, the subsoil, the

insular shelves and other submarine areas thereof. The
THE PRESIDENT. Is there any objection to the pro-
islands of
posed amendment of Commissioner Maambong? waters around, between and connecting the
the archipelago, irrespective of their
breadth and di-
mensions, form part of the internal
waters of the
approved.
Philippines.
With respect to the amendment of Commissioner
Davide to delete the word “the” on line 6, between the Acting Floor Leader is recog-
THE PRESIDENT. The
words “and” and “other,” which was also accepted by nized.
the Committee, is there any objection? (Silence) The
move th^ we
Chair hears none; the amendment is approved. MS AQUINO. Madam President, I
Proposed Reso-
proceed to vote on Second Reading on
Is there any other amendment?
lution No. 263.
MS. AQUINO. Madam President, if there are no other THE PRESIDENT. Does the Acting
amendments, I move to close the period of amend- ove that the body proceed to vote
on Second Rea g
ments. 1 this provision on
National Territory as re
MR. MAAMBONG. I second the motion.

BISHOP BACANI. May I just ask a
mean en a
THE PRESIDENT. there any objection? (Silence) cting Floor Leader? Does it t
Is
to vote on this on T
The Chair hears none; the motion is approved. iree calendar days, we have
eading?
MS. AQUINO. Madam President, move that we on Second
Yes, this voting is only
I
proceed to the voting on Second Reading on Article I

THE PRESIDENT. will be pnnted.
^r.A aftPTwards. the copies
on the National Territory, as amended.
copies be dis-
the
BISHOP BACANI. When will
THE PRESIDENT. to register an objection
Is there any objection? (Silence) •ibuted? I myself would like
The Chair hears none; the motion is approved. ) the motion. I would
like to get the
^
we can float this first to the f
lis also. As it is proposed,
ponlp. and see what its implications may
e.
THE PRESIDENT. The session is suspended for a few SUSPENSION OF SESSION
minutes. for a few
THE PRESIDENT. The session is suspended
It was 7:20 p.m.
minutes.
RESUMPTION OF SESSION It was 7:26 p.m.
At 7:23 p.m., the session was resumed. RESUMPTION OF SESSION

THE PRESIDENT. The session is resumed. At 7:34 p.m., the session was resumed.
THE PRESIDENT. The session is resumed. RESUMPTION OF SESSION

MS. AQUINO. Madam President. At 7:37 p.m., the session was resumed.
THE PRESIDENT. The Acting Floor Leader is recog- THE PRESIDENT. The session is resumed.
nized.
MS. AQUINO. Madam President, point of order.
MS. AQUINO. We ask that Commissioner Azcuna be Since have previously withdrawn my motion, the
I
recognized. Rules requires that only the sponsor can move to pro-
ceed to vote on Second Reading.
nized. THE PRESIDENT. So, the motion of Commissioner
de Castro is out of order. The motion that we vote on
MR. AZCUNA. Madam President, the sponsor and Second Reading having been withdrawn, then the
this humble Member have no objection to suspend the Second Reading is hereby postponed to Monday, the
voting on Second Reading on Article I on the National next session.
Territory until Monday for the reasons stated by Com-
missioner Bacani. MR. DE CASTRO. Madam President, please.
MR. DE CASTRO. No, no; we already have the time THE PRESIDENT. Commissioner de Castro is recog-
now and I see no reason to postpone it till Monday. nized.
MS. AQUINO. We submit to the ruling of the Pres- MR. DE CASTRO. We have a time constraint. We are
ident.
working from eight o’clock in the morning, moving
THE PRESIDENT. Is there any objection? from one room to another up to this time; and we are
trying our best to work that hard because we have a
time constraint up to September. At this point we still
have time to work on this, and I see no reason why we
THE PRESIDENT. The Vice-President should delay it because by Monday, we have more work
is recognized.
to do than vote on Second Reading on this matter.
MR. PADILLA. After the remark of Commissioner
Bacani to delay the voting by trying to get the reaction MR. RODRIGO. Madam President.
of the people, I think, as I understand it, he withdrew
that desire to delay. And so, we might as well vote
instead of waiting till Monday. nized.
MS. AQUINO. Madam President, earlier, I moved to MR. RODRIGO. Considering that about 20 Members
proceed to vote on Second Reading; I am withdrawing are no longer in the session hall, I think, in fairness to
my motion for the record. them, we should not vote on this very important matter.
So, I move to adjourn until Monday.
THE PRESIDENT. The Acting Floor Leader is with-
drawing her motion. MS. AQUINO. object to the motion to adjourn.
I
Madam President. First, there is an overwhelming

re-
MR. DE CASTRO. Madam President, then I move quest to reset the schedule of plenary session on
that we proceed on Second Reading. We still
to vote Monday back to five o’clock in the afternoon. That is
have the time and we have many, many things to do on the request of some of the committee chairmen. So I
Monday. In fact, we will be working on a holiday. We move that we reset our schedule of the plenary session
want to finish this. In fact, we have to limit the period of on Monday back to five o’clock.
debate; we have to limit the time of a speaker and I see
no reason why, so early at night, we cannot proceed to
vote on Second Reading.
THE PRESIDENT. The session adjourned until
is
SUSPENSION OF SESSION Monday at five o’clock in the afternoon during which

we will vote on Second Reading on the Article on the
THE PRESIDENT. The session is suspended. National Territory.
It was 7:36 p.m. It was 7:39 p.m.
MONDAY, JULY 7, 1986 335
R.C.C. NO. 24
Monday, July 7, 1986
OPENING OF SESSION ROLL CALL

call the roll.

Abubakar Present* Natividad . . . . . Present
Present Nieva . . Present
Alonto .
Present NoUedo Present

Aquino . . . . . .
NATIONAL ANTHEM Present Ople Present*

Azcuna . . .
Present Padilla .... Present

THE PRESIDENT. Everybody will please rise to sing Bacani
Quesada
. . .
Present
Bengzon Present* . . . . . .
the National Anthem. Present

Bennagen Present Rama . . .
Everybody rose to sing the National Anthem. Present Regalado . . . . . . Present

Bernas
Reyes de los . Present
Rosario Braid . . . Present . .
Rigos . Present
THE PRESIDENT. Everybody will please remain Brocka Present . .
Present
Present Rodrigo . . . . .
standing for the Prayer to be led by the Honorable Calderon

Present
Castro de Present Romulo . . . . .
Ma. Teresa F. Nieva. Absent

Present Rosales .... . . .
Colayco
Everybody remained standing for the Prayer. Sarmiento . . . . Present
Suarez .... . . . Present
Davide Present
Foz Present
PRAYER Present Tadeo . . . Present
Garcia
Tan . . . Present
Present
MS. NIEVA. O good and loving Father, You created Gascon
Tingson . . . . . . Present
Present
men and women as brothers and sisters, and as co- Guingona
Trenas .... . . Present
Present
creators of the world. You gave the riches of creation Jamir
Present
Present* Uka . . .
for each and everyone’s use so that we Your children Laurel

Present
Present* Villacorta . . . . .
made in Your image and likeness may live lives of Lerum Present
VUlegas .... . . .
human dignity. Maambong .... Present

Monsod Present
Yours isthe earth and the fullness thereof; we are
only Your stewards. We humbly ask You to cleanse us The President is present.
from self-centeredness and pride, and empty us of greed
and intolerance. Fill us with Your Spirit so that we may
have the collective wisdom and courage to frame a
declares the presence of
Magna Carta that will lay the firm foundations for the THE PRESIDENT. The Chair
building of a truly just and humane society.
a quorum.
Heavenly Father, we praise and thank You that like MR. ALONTO. Madam President.
the Israelites of old. You freed us from slavery and
bondage, and led us to the Promised Land. THE PRESIDENT. The Assistant Floor Leader is
Continue to protect us and guide us so that in the recognized.

crucial days ahead we may be Your faithful instruments
in securing to our people and our country the blessings of move that we dispense with the
MR. ALONTO. I
democracy under a rule of law and a regime of truth, session.

reading of the Journal of the last
justice, love, equality and peace.
to the
THE PRESIDENT. Is there any objection
All these we ask of You in the name of Your Son, The
Floor Leader? (Silence)
Jesus Christ, and through the intercession of our Blessed ation of the Assistant
lair hears none; the motion is approved.
Mother Mary. Amen.
336 MONDAY, JULY 7, 1986
APPROVAL OF JOURNAL Introduced by Hon. Rosario Braid.
MR. ALONTO. Madam President, I move that we To the Committee on the National Economy and
approve the Journal of the last session.
Patrimony.

Is
motion of the Assistant Floor Leader? (Silence) The RESOLUTION PROPOSING FOR A CONSTITUTIONAL
Chair hears none; the motion is approved. COMMITMENT OF THE STATE TO ASSIST THE DIS-
ABLED INTO BECOMING PRODUCTIVE AND USEFUL
MR. ALONTO. Madam President, I move that we MEMBERS OF SOCIETY.
now proceed to the Reference of Business. Introduced by Hon. de los Reyes.
THE PRESIDENT. there any objection that we
Is
proceed to the Reference of Business? (Silence) The Proposed Resolution No. 414, entitled:
Chair hears none; the motion is approved.
RESOLUTION TO RESTORE THE PRE-MARTIAL LAW
The Secretary-General will read the Reference of POLICY OF ALLOWING VOTERS IN HIGHLY URBAN-
Business. IZED CITIES TO VOTE FOR PROVINCIAL OFFICIALS.
Introduced by Hon. Rama.
Resolutions on First Reading, Communications and Proposed Resolution No. 415, entitled:
Committee Reports, the President making the corre- RESOLUTION PROVIDING IN THE NEW CONSTITUTION
sponding references: THAT THE STATE SHALL ENCOURAGE THE ES-
TABLISHMENT AND GROWTH OF POLITICAL PAR-
PROPOSED RESOLUTIONS ON FIRST READING TIES ORGANIZED ALONG SECTORAL LINES AND
WHICH SHALL STAND FOR WELDDEFINED PRIN-
Proposed Resolution No. 409, entitled: CIPLES AND PROGRAMS OF GOVERNMENT.
RESOLUTION CREATING AUTONOMOUS REGIONS FOR Introduced by Hon. Sarmiento and Brocka.
THE MUSLIMS OF MINDANAO AND THE PEOPLE
OF THE CORDILLERA HIGHLANDS AND PROVID-
ING FOR OTHER AREAS OF AUTONOMY WITHIN
LARGER POLITICAL SUBDIVISIONS.
Introduced by Hon. Ople. RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
TUTION AN ARTICLE TO UPGRADE THE QUALIIY
To the Committee on Local Governments. OF EDUCATION.
Proposed Resolution No. 410, entitled: Introduced by Hon. Guingona.
RESOLUTION MAKING THE COMMISSION ON ELEC- To the Committee on Human Resources.

TIONS THE SOLE JUDGE OF ELECTIONS, RETURNS Proposed Resolution No. 417, entitled:
AND QUALIFICATIONS OF ALL ELECTIVE LOCAL
RESOLUTION PROPOSING TO ADOPT SECTION 4, AR-
OFFICIALS.
TICLE XV OF THE 1973 CONSTITUTION IN THE
Introduced by Hon. Davide, Jr. NEW CONSTITUTION AND INSERTING THE WORDS
To the Committee on Constitutional Commissions ‘RIGHTS AND’ BEFORE THE WORD ‘DUTIES’ AND
and Agencies. ‘FAMILY LIVING AND’ BEFORE ‘CITIZENSHIP.’
Introduced by Hon. Tan, Rigos and Villacorta.
RESOLUTION PROVIDING FOR THE CREATION OF A
SEPARATE ARTICLE IN THE CONSTITUTION INSTI- Proposed Resolution No. 418, entitled:
TUTIONALIZING THE CONCEPT OF PEOPLE POWER. RESOLUTION TO ADOPT SECTIONS 4 AND 5, ARTICLE
Introduced by Hon. Rosario Braid. II OF THE 1973 CONSTITUTION AND ADD THE
To the Committee on the Legislative. WORDS ‘IN THE NURTURE AND CARE OF CHILDREN
AND YOUTH FOR THEIR SURVIVAL AND TOTAL
Proposed Resolution No. 412, entitled: DEVELOPMENT AND’ AND ‘MORAL, EMOTIONAL,’
RESPECTIVELY.
RESOLUTION LIMITING THE PRACTICE IN THE PHILIP-
PINES OF THE VARIOUS PROFESSIONS TO FILIPINO Introduced by Hon. Tan, Villacorta and Rigos.
PROFESSIONALS. To the Committee on Human Resources.
MONDAY, JULY 7. 1986 337
Proposed Resolution No. 419, entitled: INALIENABILHY AND INSURANCE OF A MINIMUM

RESOLUTION PROPOSING TO INCORPORATE IN THE PATRIMONY OF EACH FAMILY THAT ENSURE DE-
NEW CONSTITUTION A PROVISION GUARANTEEING CENT FAMILY LIFE.
A DECENT SHELTER FOR EVERY FILIPINO, PRO- Introduced by Hon. Sarmiento, Quesada and Tadeo.
TECTION AGAINST ARBITRARY AND INHUMAN To the Committee on Social Justice.
DEMOLITION OF DWELLE^GS AND AN ASSURANCE
FOR PROPER RESETTLEMENT UNDER A COMPRE- Proposed Resolution No. 426, entitled:
HENSIVE SHELTER PROGRAM.
Introduced by Hon. Tan, Villacorta and Rigos. NEW CONSTHUTION A PROVISION ESTABLISHING
To the Committee on Social Justice. WORK AS A RIGHT AND SOCIAL RESPONSIBILITY, A
STATE ENDEAVOR TO ACHIEVE FULL PRODUCTIVE
Proposed Resolution No. 420, entitled: EMPLOYMENT AND THE CREATION OF A CENTRAL
IZED MONITORING SYSTEM AND UNEMPLOYMENT
RESOLUTION PROPOSING THE CREATION OF A CITI-
ZENS’ ARMY THAT SHALL TAKE ON THE PRIMARY
WELFARE PROGRAM.
RESPONSIBILITY OF DEFENDING THE STATE Introduced by Hon. Sarmiento, Quesada, Tadeo and
AGAINST FOREIGN AGGRESSION. Bennagen.
Introduced by Hon. Suarez and Tadeo. To the Committee on Social Justice.

RESOLUTION TO INCORPORATE IN THE ARTICLE
ON
THE
TRANSITORY PROVISIONS A PROVISION FOR
RESOLUTION INCORPORATING IN THE NEW CONSTI- CURRENCY ISSUED
DEMONETIZATION OF ALL
TUTION A PROVISION TO INSURE THAT THE STATE
SHALL UNDERTAKE AND IMPLEMENT AN URBAN UNDER THE PREVIOUS REGIME.
Suarez.
LAND REFORM AND SOCIAL HOUSING PROGRAM. Introduced by Hon. de Castro and
Transitory
Introduced by Hon. Nieva, Monsod, Tan, Bacani and To the Committee on Amendments and
Gascon. Provisions.
To the Committee on Social Justice. oposed Resolution No. 428, entitled.

RESOLUTION PROPOSING THE
REPRESENTATION
Proposed Resolution No. 422, entitled: SYSTEM OF MULTISECTORAL
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- IN THE NATIONAL LEGISLATURE.
TUTION A PROVISION ESTABLISHING A SYSTEM OF Aquino,
Introduced by Hon. Villacorta,
Garcia,
FREE LEGAL ASSISTANCE. Sarmiento, Quesada, Tadeo,
Davide, Jr., Brocka,
Bennagen, Jamir, Nieva,
Introduced by Hon. Nieva.
Rosario Braid and Villegas.
Proposed Resolution No. 423, entitled: COMMUNICATIONS

RESOLUTION PROVIDING FOR CONSUMER PRO-
H. Laurel, Vice-
TECTION IN THE NEW CONSTITUTION. tter from the Honorable Salvador
isident and Minister for
Foreign Affairs,
Introduced by Hon. Suarez, Bennagen, Quesada, Tan, provision in the 1935
the restoration of the specific
Rosario Braid, Sarmiento, Aquino and Tadeo. shall have the power t^^
nstitution that the President
To public Ministers and
the Committee on General Provisions. point “Ambassadors, other
nsuls.”
Proposed Resolution No. 424, entitled: 16 - Constitutional Commission
smmunication No. 1
RESOLUTION PROVIDING FOR CONSUMER PRO- 1986)

TECTION IN THE NEW CONSTITUTION. the Committee on the Executive.
Introduced by Hon. Suarez, Bennagen, Quesada, Tan, Sr.
Rosario Braid, Sarmiento, Aquino and Tadeo. tterfrom Mr. Potenciano M. Alcala.
colod City, proposing previsions
To the Committee on Preamble, National Territory, reform, the Sabah issue,
to high school level, land
long others. . .
Commission
Dmmunication No. 1 1 7 - Constitutional
1986)
NEW CONSTITUTION A PROVISION GUARANTEEING the Steering Committee.
Letter from Mr. Gonzalo (Lito) Puyat of Manila, re- (Communication No. 1 24 — Constitutional Commission
questing a constitutional mandate on youth and sports of 1986)
development. To the Committee on the Judiciary.
(Communication No. 1 1 8 — Constitutional Commission
of 1986) Letter from Mr. Julian Makabayan ng Masa ng Pilipinas,
To the Committee on Preamble, National Territory, and urging various political, social and economic reforms.
Declaration of Principles. (Communication No. 125 — Constitutional Commission
of 1986)
Letter from Commissioner Mario D. Ortiz of the Com- To the Committee on Social Justice.
mission on Elections, transmitting the draft of proposals
on election matters discussed by the COMELEC en Communication from Mr. Ismael P. Sevilla of Cofradia,
banc. Malolos, Bulacan, urging that the establishment of a
(Communication No. 1 19 — Constitutional Commission cooperative society be made a national policy.
To the Committee on Constitutional Commissions and of 1986)
Agencies.
Letter from Mr. Antonio A. Lobitana, proposing the
elevation of the Bureau of Internal Revenue to a consti- Letter from Mr. Norberto Canete of Project 4, Quezon
tutional body. City, Metro Manila, requesting the inclusion of provi-
(Communication No. 1 20 — Constitutional Commission sions on the role of science and technology in the attain-
of 1986) ment of national goals, among others.
To the Committee on Constitutional Commissions and (Communication No. 1 27 — Constitutional Commission
Agencies. of 1986)
Letter from the Senior Citizens Government Retirees
Association of Agusan del Norte and Agusan City, Letter from Kilusang Mayo Uno signed by Mr. Roberto
signed by Ms. Caridad V. Atega, proposing a presidential T. Ortaliz, requesting the extension of the period of
form of government, bicameral legislature, retention of drafting the Constitution and the holding of more pub-
the US bases, and limited autonomy of Muslim regions,
lic hearings.
among others.
(Communication No. 121 — Constitutional Commission of 1986)
of 1986)
Letter from the Fhipmo Community Board of Sydney
Report of the “mini Con-Com” assigned to Iloilo City signed by Mr. Oscar R. Landicho, requesting the lU"
composed of President Cecilia Munoz Pahna, Commis- elusion of a provision on dual citizenship.
sioners Ma. Teresa F. Nieva, Efrain B. Trenas and Wil-
frido V. Villacorta, entitled “Highlights of the Public
of 1986)
Hearing held at the University of San Agustin Audi-
torium in Iloilo City on June 28, 1986.”
— Constitutional Commission Political Rights and Obligations and Human Rights.
of 1986) Letter from the Association of TOWNS Awardees signed
To the Steering Committee. by Ms. Corazon S. de la Paz, proposing as an additional
sentence of Section 1, Article IV of the Constitution:
Letter from the Sangguniang Pangwika sa Edukasyon ng “Women shall enjoy equal rights with men.”
Pilipinas, with enclosures, signed by Mr. Alfonso O.
Santiago, requesting that the Constitution be written
of 1986)
and promulgated in the national language.
Political Rights, and Obligations and Human Rights.
of 1986)
To the Committee on Style. Letter from Mr. Teodoro Padilla, expressing deep ap-
preciation to the Commission for adopting Resolution
Letter from Mr. Oscar N. Rivera of San Miguel Village, No. 5 expressing profound condolence on the death of
Makati, Metro Manila, proposing the adoption of the Hon. Sabino Padilla, former Justice of the Supreme
jury system in our courts of law. Court of the Philippines.
(Communication No. 131 — Constitutional Commission Sponsored by Hon. Sumulong and Davide, Jr.
of 1986) To the Steering Committee.
To the Archives.
Letter from Management Trend Company of Tarzana, No. 234, as reported out by the Committee on the
California, with enclosures, signed by Mr. David E. Executive, entitled:
Phillippe, stating that the United States Constitution RESOLUTION FOR THE INCLUSION IN THE ARTICLE
falls short of expressing acceptable goals for business ON THE EXECUTIVE DEPARTMENT A SPECIFIC
and social conduct, pointing to inequities in the judicial PROVISION REDEFINING THE POWER OF THE CHIEF
system of the United States and suggesting a rule and EXECUTIVE OVER LOCAL GOVERNMENTS,
code of conduct between human beings to avert the recommending its approval with amendments.
same problems.
Sponsored by Hon. Sumulong and Regalado.
of 1986) To the Steering Committee.

Political Rights and Obligations and Human Rights. Committee Report No. 1 2 on Proposed Resolution
No. 435, prepared by the Committee on the Executive,
entitled:
Letter from Kilusan sa Kapangyarihan at Karapatan ng
Bayan (KAAKBAY) signed by Mr. Jose Mario C. Bunay RESOLUTION REQUIRING CONCURRENCE OF THE
and Ms. Lynn R. Enriquez, submitting proposals on
MONETARY BOARD TO LOANS CONTRACTED OR
science and technology.
GUARANTEED AND FOR THE SUBMISSION BY THE
MONETARY BOARD OF REPORTS TO THE LEGIS-
(Communication No. 133 — Constitutional Commission LATURE,
of 1986)
its
To the Committee on Human Resources. Resolution Nos. 59 and 124.
Sponsored by Hon. Sumulong, Regalado and
Maambong.
Letter from Kilusan Sa Kapangyarihan at Karapatan ng
Bayan (KAAKBAY) signed by Ms. Maria Teresa I.
Diokno, submitting proposals on national economy and
patrimony. SUSPENSION OF SESSION
of 1986) THE PRESIDENT. The session is suspended.
It was 5:33 p.m.
Patrimony.
Communication from Mr. Benedicto Aza Gonzales of with the
At 5:36 p.m., the session was resumed
Capitol Bliss, Quezon City, proposing the incorporation
Honorable Lorenzo M. Sumulong presiding.
in the Constitution of a provision on the Filip inization
of the retail trade industry.
The
THE PRESIDING OFFICER (Mr. Sumulong).
session is resumed.
of 1986)
The Assistant Floor Leader is recognized.
Patrimony.
RESOLUTION NO. 263
COMMITTEE REPORTS (Article on National Territory)
Committee Report No. 10 on Proposed Resolution Continuation
No. 118, as reported out by the Committee on the move we proceed to the voting
MR. ALONTO. I that
Executive, entitled: No. 263,
on Second Reading of Proposed Resolution
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- the Article on National Territory.
TUTION A PROVISION REQUIRING THE APPROVAL
OR CONSENT OF THE LEGISLATURE FOR THE EF- MR. DE LOS REYES. Mr. Presiding Officer, parlia-
FECTIVITY AND VALIDITY OF TREATIES, EXECU- mentary inquiry.
TIVE AGREEMENTS AND RECOGNITION OF STATES
OR GOVERNMENTS, THE PRESIDING OFFICER (Mr. Sumulong). Com-
recommending its approval with amendments. missioner de los Reyes is recognized.
MR. DE LOS REYES. Suppose the no vote prevails, Per our knowledge and information, the last public
what happens? We have no more provision on
shall hearing will be on July 12 and 13. However, some of the
National Teijitory, or will the provision of the 1973 Commissioners have been receiving requests from other
Constitution be deemed reinstated? provinces such as Baler, Aurora, Zambales, Daet, Cama-
rines Norte and Masbate for the holding of public hear-
THE PRESIDING OFFICER (Mr. Sumulong). Will ings in those areas. May I know from the Chair if we are
the Gentleman please repeat his point of inquiry? going to accommodate these requests? Secondly, who
will handle the transportation expenses of the Commis-
MR. DE LOS REYES. If the no vote prevails, in other sioners in the event that we accommodate this request?
words, the proposal is rejected, does it mean that we
will have no provision on National Territory as earlier THE PRESIDING OFFICER (Mr. Sumulong). I think
proposed or is the provision of the 1973 Constitution we have toaccommodate this request. I would rather
on National Territory deemed reinstated since it was refer this matter to the Chairman of the Ad Hoc Com-
made the draft model? mittee on Public Hearings, Commissioner Garcia.
THE PRESIDING OFFICER Sumulong). I

(Mr.
MR. GARCIA. I would like to suggest that if there
are Commissioners who are willing to undertake the task
suppose that if the voting on Resolution No. 263 re-
of going to those respective provinces, we would like to
sults in more negative votes, then the resolution is
receive those willing volunteers. Secondly, we would
disapproved.
also like to request the Budget Committee of the Corn-
mission if it is possible to ask for additional funds, or in
MR. DE LOS REYES. Then we will have no provi- the absence of such funds, we would like to request that
sion on National Territory? those Commissioners who are going take the amount
or the funds from their allowance.
THE PRESIDING OFFICER (Mr. Sumulong). No,
because the 1935 or the 1973 Constitution has to be THE PRESIDING OFFICER (Mr. Sumulong). Is
presented for incorporation in the new Constitution the Commissioner satisfied?
in order to be considered.
MR. GUINGONA. Mr. Presiding Officer.

MR. DE LOS REYES. I submit, Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Sumulong). Com-
missioner Guingona is recognized.
APPROVAL OF PROPOSED RESOLUTION NO. 263
ON SECOND READING by
on National Territory) MR. GUINGONA. Insofar as the query raised
(Article
Commissioner Garcia is concerned, there is nothing m
THE PRESIDING OFFICER (Mr. Sumulong). There the budget that provides for these extra public hearings.
However, the Committee could look into and we this
was a previous motion to proceed to the voting on
But we
Second Reading of Proposed Resolution No. 263. could try to provide for these extra hearings.
would have to know how much would be the amoun
As many as are in favor of the resolution, please raise
requested.
their hand. ( Several Members raised their hand.)
As many as are against, please raise their hand. (Few THE PRESIDING OFFICER (Mr. Sumulong).
The
Members raised their hand.) Assistant Floor Leader is recognized.
The results show 27 votes in favor and 8 against.
Proposed Resolution No. 263, as amended, is ap-
proved on Second Reading. RESOLUTION NO. 7
(Article on Citizenship)
MR. ALONTO. Mr. Presiding Officer. Continuation
THE PRESIDING OFFICER (Mr. Sumulong). The PERIOD OF AMENDMENTS

Assistant Floor Leader is recognized.
MR. ALONTO. Mr. Presiding Officer, I move that
we
MR. ALONTO. I ask that Commissioner Sarmiento continue the period of amendments on Committed
be recognized on a parliamentary inquiry. Report No. 4 on Proposed Resolution No. 7, the Article
on Citizenship.
missioner Sarmiento is recognized. THE PRESIDING OFFICER (Mr. Sumulong). Is
MR. SARMIENTO. Thank you, Mr. Presiding Officer. the motion is approved.
MR. ALONTO. Mr. Presiding Officer, I ask that Com- Davide which has been considered and reported out by
missioner Bernas be recognized to sponsor the amend- the Committee with some portions deleted, and so, we
ments. are now in possesssion of the Article on Citizenship. I
do not see any need, therefore, to go back to the pro-
THE PRESIDING OFFICER (Mr. Sumulong). Com- posed resolution of Commissioner Davide. To save time,
missioner Bernas is recognized. what we should do is to consider the proposed resolu-
tion as submitted by the Committee, not the proposed
FR. BERNAS. Mr. Presiding Officer, ladies and resolution as submitted by the author. Commissioner
gentlemen of the Commission: Davide.
The sponsor is prepared to entertain amendments.
May I requestthose who desire to present amend-
all
FR. BERNAS. I completely agree with the Gentle-
ments to register their turn with the Floor Leader. And man, and I submit to the ruling of the Presiding Officer.
I was going to start with the committee
report but I was
I am asked to remind everyone that the proponent of an
amendment has a maximum of five minutes to fight for told to go back by the Presiding Officer.
his amendment. that case, Mr. Presiding

MR. MAAMBONG. Then, in
Officer, may I suggest now to the sponsor to consider
THE PRESIDING OFFICER (Mr. Sumulong). Ac- Com-
the Article on Citizenship as reported out by the
cording to the Rules, we have to begin with the commit- resolution as filed
mittee and not the original proposed
tee amendments. going back to the
by the author; otherwise, we will be
deliberations of the Committee.
FR. BERNAS. The committee amendments have
already been put the committee report. Proposed
in
Resolution No. 7, as amended by the Committee, is on (Mr. Sumulong). So, we
the third page of Committee Report No. 4.
will take up the resolution as amended.
THE PRESIDING OFFICER (Mr. Sumulong). The
with Section 1.
firstcommittee amendment is on line 7: Put a period (.) FR. BERNAS. Yes. So, we begin
Yes.
after the word “law.”
THE PRESIDING OFFICER (Mr. Sumulong). as
committee aîêndments
le will consider all the
FR. BERNAS. What is the amendment?
[ready approved by the Committee.
'hat is now before the
Commission is the resolution as
THE PRESIDING OFFICER (Mr. Sumulong). Yes,
the sponsor will submit the committee amendments.
after this
FR BERNAS Yes. Mr. Presiding Officer,
having
FR. BERNAS. 7 of Proposed Resolution
On line was formulated and after
report
No. 7, page 2, put a period (.) after the word “law. Commission, t
:tened to the Members of the
that
Therefore, the sentence will read: “Those who are ittee is prepared to accept
the recommendation
No. 7 as
naturalized in accordance with law.” Delete the rest 1 9 of the first
line page of Resolution
word ratification
of the paragraph starting with the semicolon (;).
nended by the Committee, the
THE PRESIDING OFFICER Sumulong). Is (Mr.

Sumulong). Is
there any objection? (Silence) The Chair hears none; THE PRESIDING OFFICER (Mr.
the amendment is approved. there any objection?
MR. MAAMBONG. MR. DAVIDE. Mr. Presiding Officer.

(Mr. Sumulong). Com-

THE PRESIDING OFFICER (Mr. Sumulong). Com- THE PRESIDING OFFICER
missioner Maambong is recognized. missioner Davide is recognized.
I wish to be
MR. MAAMBONG. I just want to raise a point of R DAVIDE. Mr. Presiding Officer,
the difference between
parliamentary inquiry. ihtened on what could be
Considering that I have here a copy of Committee

Report No. 4, and attached to it is Proposed Resolution
L BERNAS. There is no J?®. °"se
No. 7, the provisions are already very clear. For exam-
ple, the provision indicated by the honorable sponsor that was expressed by those
on paragraph 4 is very clear in Committee Report No. 4.
The provision reads: “Those who are naturalized in ac- question be-
MR. DAVIDE. Yes have to ask that
I
cordance with law.” I think the sponsor is reading the
to the Constitution
original copy of the proposed resolution of Honorable cause in the previous amendments
we really had two sets of facts: One, the COMELEC an- FR. BERNAS. The Committee took this into con-
nouncing the result that the Constitution is ratified, siderationand the Committee does not accept the
and then a proclamation by the President that the amendment.
Constitution which was ratified be deemed adopted.
MR. DE LOS REYES. May I explain my amendment,
FR. BERNAS. think that was because in that
I Mr. Presiding Officer?
exercise, the decree calling for the plebiscite said that Many aliens succeeded in securing Filipino citizenship
these amendments be effective upon the announcement under liberalized naturalization laws created by pres-
of the ratification. idential decrees. The basic rationale for the liberaliza-
tion of the laws on naturalization was to absorb, among
MR. DAVIDE. That may be proper if the Article on others, Chinese aliens who have resided in the Philip-
Amendments, for instance, on the new Constitution,
pines for many years and preferred being Filipinos to
will merely state that any amendment or revision of the
being considered citizens or subjects gf the People’s
Constitution shall be deemed ratified upon the votes of
Republic of China.
so many of the electorate as determined by the COM-
ELEC after a plebiscite. But if it is not, I think “rati- It should be remembered that the liberalized natural-
fication” is the proper word. ization laws came about because of presidential decrees
after our country severed its diplomatic ties with the
FR. BERNAS. I submit that to the vote of the body. Republic of China in Taiwan and established diplomatic
For the Committee, it is either way. ties with the People’s Republic of China. Thus, the
process of naturalization under presidential decrees was
VOTING less demanding; we might even say accommodating.
There were no searching inquiries on the motives of the
THE PRESIDING OFFICER (Mr. Sumulong). The applicants and their past activities to show their sincere
amendment is on line 9. The word “ratification” shall desire to become Filipinos.
be changed to ADOPTION.
This amendment would only provide that future
As many as are in favor of the amendment, please laws may be enacted in order to subject to judicial
raise their hand. (Several Members raised their hand.) confirmation the naturalization of this class of Filipino
As many as are against, please raise their hand. (Few citizens.
Members raised their hand.) Mr. Presiding Officer, under the naturalization law,
The results show 16 votes in favor and 1 1 against. So, after an alien is naturalized, he is required to stay in
the amendment to change “ratification” to ADOPTION the country, and when it is found that he transfers to
is approved. another country and establishes his residence there,
his certificate of naturalization may be cancelled.
FR. BERNAS. The Committee has no further changes In case of a woman, upon her marriage to a foreigner
to make on the committee report. and by virtue of the laws in force in her husband s
country, she acquires her husband’s nationality.
In otherwords, this amendment would serve to
THE PRESIDING OFFICER (Mr. Sumulong). The purify. We will go on some sort of a purifying process
Floor Leader is recognized. for those citizens who obtain citizenship through a
liberalized method of naturalization by presidential
MR. RAMA. I ask that Commissioner de los Reyes be
decrees.
recognized for an amendment.
The reason given by the sponsor is that this will
MR. DE LOS REYES. Mr. Presiding Officer. clutter our court dockets. I do not believe that this will
unnecessarily clutter the dockets of our courts because
THE PRESIDING OFFICER (Mr. Sumulong). Com- future laws may simply provide for summary proceed-
missioner de los Reyes recognized.
ings just to see to it that this class of citizens who
is
obtained citizenship by naturalization through pres-

MR. DE LOS REYES. May I propose that on page 2,
idential decrees are really sincere in becoming Filipino
line 2, after the word “law,” the following be added:
NATURALIZATION OBTAINED BY EXECUTIVE citizens and are not out to take advantage only of the
privileges of a Filipino.
DECREES SHALL BE SUBJECT TO JUDICIAL CON-
FIRMATION IN THE MANNER AND WITHIN THE That is all, Mr. Presiding Officer.
TIME PRESCRIBED BY LAW. FAILURE TO OBTAIN
SAID CONFIRMATION SHALL BE A GROUND FOR FR. BERNAS. May I be allowed to say a few words?
REVOCATION OF SAID CITIZENSHIP. In other
words, I am for the restoration of the Davide amend- THE PRESIDING OFFICER (Mr. Sumulong). Yes,
ment. the sponsor has the floor.
FR. BERNAS. In opposing the amendment, we have FR. BERNAS. In which case, the amendment is
several reasons. We
begin with the presumption of unnecessary because the legislature can do it anyway,
regularity of official action. I do not think that it is the even without that amendment.
purpose of anybody to junk this principle that official
action is presumed to be regular. Therefore, we begin MR. DE LOS REYES. No, but the purpose of this
with the presumption that those 29,722 adults who amendment is to express the intent of this Commission
were naturalized through this process are validly citizens that future legislation should do that.
of the Philippines. And I do not believe in the proposed
amendment if the intention of the proponent is to deny FR. BERNAS. Yes. In the opinion of the Committee,
the validity of their citizenship. the matter iscovered by Section 3 — “Philippine citizen-
ship may be lost or reacquired in the manner provided
Second, we do not make a distinction between
natural-born citizens and naturalized citizens except in by law.”
those instances when the Constitution itself makes a
MR. DE LOS REYES. I respectfully submit that we
distinction. In this particular amendment, the intention
is to refer to the Constitution to make a distinction put this to a vote.
between two classes of naturalized citizens — those
judicially naturalized and those naturalized by decree, FR. BERNAS. I would agree with the proponent of
specifically, during what we might call the “open flood- the amendment.
gate years.” Should we make this distinction? I believe
MR. RODRIGO. Mr. Presiding Officer, may I add
we should not; I say this principally for those who truly
deserve Philippine citizenship. I ask the proponent not something?
to compel them to go through a demeaning process of
THE PRESIDING OFFICER (Mr. Sumulong). Are
begging for citizenship again. One will probably say that
the process will be summary, but what will be the there any further remarks?
nature of this summary procedure? We do not yet
MR. RODRIGO. Mr. Presiding Officer, may
I say
know. We do not know yet what future legislatures will
consider summary procedure and whether or not it is Dmething before we vote? The use of
the wor c^
is not com-
the type that we envision. And even if indeed the irmation” means that the naturalization
applies jll ^hese
provision is summary, we do not know how those who lete and, as the sponsor says,
this
will implement it will actually behave. aturahzation cases by presidential

decrees It ni^
hat we will declare all
now as not yet corn
of them
Admittedly, there may be some who indeed are ônfimation is needed^
and that is
lete, why judicial
unworthy, but we have laws for them, and if they are only mâ
not adequate, then they can be improved. After all, it is he added phrase “provided by aw
also a principle embodied in our jurisprudence that the
grant of citizenship is never res judicata. It can always
be reopened for valid reasons. But let us not reopen
them en masse. Let us reopen only those cases where (Mr. Sumulong). Com-
there is perceived evidence or grounds for reopening THE PRESIDING OFFICER
the case. For these reasons, I oppose the proposed
amendment and that remedial measures be left to to a
ordinary legislation within the limits of the Constitution. MR. MAAMBONG. I am intending
not o go
ated amendment and in order ,
Thank you, Mr. Presiding Officer. related o ^
rth, considering that this is
f wonder
ey
lendment of Comrnissioner de los
,
MR. DE LOS REYES. Mr. Presiding Officer, one last ^
the sponsor could just clarify
word. Precisely, that the amendment: SUBJECT TO to this particu
not have to propose an amendment
is
JUDICIAL CONFIRMATION IN THE MANNER AND

:tion.
WITHIN THE TIME PRESCRIBED BY THE LAW. In
other words, we agree that it should be left to future will make every effort to
FR. BERNAS. The sponsor
legislation.
rify.
here
FR. BERNAS. But the basic opposition we have is to MR. MAAMBONG. The wording f
accordance with law.
the reopening of all the cases en masse. ! naturalized in ^
propose an amendment to the

wor
the ^P°”
>
muld
MR. DE LOS REYES. No, no, we are not reopening. viate that possibility, probably
whether we
reopen to questions. I am referring
some
Future legislation shall decide shall )ly
Reviewer A ^ primer -
or not. There is nothing in the amendment which says msor’s Philippine Constitution,
[ich is the only book I can
afford. The sp
that those who obtain naturalization by decrees shall
have their naturalization reopened. ok is rather expensive.

Does the term “law” cover the Mass Naturalization The President’s order was issued to Justice Minister
Law provided in the Philippine Bill of 1902? Neptali Gonzales and Solicitor General Sedfrey Ordonez.
The President told newsmen that depending on the

FR. BERNAS. Those naturalized under the Mass Na- resultsof the joint study, meritorious cases may be given
turalization Law of 1902 are covered not by paragraph due course and the rest mothballed until the Constitutional
4 but by Section 1, paragraph 1 of the 1935 Constitu- Commission drafting the new charter has laid down new
tion. policies and guidelines on naturalization of deserving aliens.
MR. MAAMBONG. That is clear enough. Does the The June 30, 1986 issue of the Philippine Tribune
term “law” cover the general law of naturalization
practically contains thesame thing. The question is that
through judicial process under the Revised Naturaliza- when one says “those who are naturalized in accordance
tion Law, Commonwealth Act No. 473, which was
with law,” does this include those applicants who filed
approved on June 17, 1939? application for naturalization through the LOIs men-
tioned — LOI Nos. 270, 292 and 491? Probably, in a
few days’ time. President Aquino might act on the
FR. BERNAS. It includes that but it also includes
applications of previous applicants and when she issues a
any other law.
decree to this effect, will they be covered by the provi-
sion “Those who are naturalized in accordance with
MR. MAAMBONG. I am going to that, Mr. Presiding
law,” considering that the applications were filed during
Officer.
the time of President Marcos under a letter of instruc-
Does the term “law” apply to special naturalization tions issued by the President, but this time, the decree
law enacted by the old Congress or through a decree; would be issued by President Aquino based on those
for example, as the sponsor has stated clearly in his previous applications? Would they be covered by the
book, the republic act which made Father James term “law”?
Moran a citizen or a presidential decree which made
Mr. Ronnie Nathanielz a citizen? FR. BERNAS. Yes.
FR. BERNAS. That is included. MR. MAAMBONG. In that case, I have no amend-
ment to propose.
MR. MAAMBONG. The point, Mr. Presiding Of-
last Thank you, Mr. Presiding Officer.
ficer. Does this term “law” cover a general law on
naturalization which was applied in a summary manner FR. BERNAS. Incidentally, there are still 9,131
through LOI No. 270, dated April 11, 1975, pro- pending cases.
mulgated on July 9, 1975, and LOI No. 491, pro-
mulgated on December 29, 1976, by which a good THE PRESIDING OFFICER (Mr. Sumulong). Are
number of aliens were naturalized not through the LOIs there any further remarks?
but through a decree?
MR. DE LOS REYES. Mr. Presiding Officer.
FR. BERNAS. “By law,” we mean here the decrees,
not the LOIs referred to. THE PRESIDING OFFICER (Mr. Sumulong). Com-
missioner de los Reyes is recognized.
MR. MAAMBONG. Yes, Mr. Presiding Officer, I
wanted that clarified because I seem to recall that there MR. DE LOS REYES. May I just insert in the re-
was a statement made here that there were aliens who cord the definition of naturalization.
were naturalized by letters of instructions, and that is Naturalization isthe judicial act of adopting a foreigner
not really a correct statement. The letters of instruc- and clothing him with the privileges of a native-born citi-
tions which I mentioned only created a special commit- zen. It implies the renunciation of a former nationality and
tee on naturalization which processed the applications the fact of entrance into a similar relation towards a new
and on the basis of its recommendation, decrees were body politic. (Volume 2, Am. Jur., p. 561, par. 188)
issuedby the President later on.
FR. BERNAS. May I just say that that is a definition
FR. BERNAS. I am in agreement. of one type of naturalization. There is also direct
naturalization by legislation.
MR. MAAMBONG. Finally, I have here the June 23,

1986 issue of ihQ Malaya which says;
THE PRESIDING OFFICER (Mr. Sumulong). Will
Commissioner de los Reyes kindly repeat the amend-
President Aquino has directed the justice ministry and ment he proposes.
the solicitor general’s office to look into pending applica-
by decree which were
tions for naturalization left unacted MR. DE LOS REYES. My proposed amendment is
upon by the ousted Marcos administration. to add; NATURALIZATION BY EXECUTIVE DE-

CREES SHALL BE SUBJECT TO JUDICIAL CON- MR. RODRIGO. May I ask the proponent a few ques-
FIRMATION IN THE MANNER AND WITHIN THE tions?
TIME PRESCRIBED BY LAW. FAILURE TO OBTAIN
SAID CONFIRMATION SHALL BE A GROUND FOR THE PRESIDING OFFICER (Mr. Sumulong). The
REVOCATION OF SUCH CITIZENSHIP. Gentleman from Bulacan, Commissioner Rodrigo, is
recognized.
THE PRESIDING OFFICER (Mr. Sumulong). What
does the sponsor say? MR. RODRIGO. In the 1935 Constitution, the provi-
sion is “Those who are naturalized in accordance with
FR. BERNAS. We do not accept the proposed law.” In the 1973 Constitution, the provision is exactly
amendment and we submit it to a vote. the same: “Those who are naturalized in accordance
with law.” Now, what is the reason for adding the word
VOTING “JUDICIALLY” in the present Constitution?
THE PRESIDING OFFICER (Mr. Sumulong). Those MR. DAVIDE. I answer that, Mr. Presiding Of-
will
in favor of the amendment proposed by Commissioner ficer. The issue of naturalization by decree affected
so
de los Reyes, please raise their hand. (Few Members many and, of course, it resulted in the admission of
raised their hand.) aliens as Filipino citizens without undergoing the
Those against the proposed amendment, please raise rigorous process of presenting their qualifications for
their hand. ( Several Members raised their hand.) admission and providing them before a court.
The results show 5 votes in favor and 30 against; the We now would seek to prevent any further action by
any other agency of the government to admit aliens
by a
amendment is lost.
propose
mere decree or a letter of instructions. This
we can prevent future
MR. RAMA. Mr. Presiding Officer, I ask that Com- amendment is the only way
the past regime.
missioner Davide be recognized for an anterior amend- actions of such kind as was done in
ment.
does
MR. RODRIGO. If the amendment is approved, the
naturalized ^y
THE PRESIDING OFFICER (Mr. Sumulong). Com- this mean that those who were
Marcos will ose
missioner Davide is recognized. presidential decree of President
citizenship?
MR. DAVIDE. Thank you, Mr. Presiding Officer. this
MR. DAVIDE. No, Mr. Presiding Officer, because
The proposed amendment is on line 1 page 2 of the ,
is to be construed to operate prospectively.
amended resolution which consists in the insertion of
the word JUDICIALLY between the words “are” Prospectively. So, this is not aimed
MR. RODRIGO.
and “naturalized,” so that the entire paragraph would
at a particular group of persons?
read: “Those who are JUDICIALLY naturalized in
accordance with law.” Officer,
^R. DAVIDE. No, Mr. Presiding
action. Henceforth,
govern future
no na ura
FR. BERNAS. The Committee would rather leave
that to the body.
thank you
the body for MR. RODRIGO. With that clarification,
MR. DAVIDE. Before it is left to
determination, may I be allowed to explain, Mr. Pres- very much.
iding Officer? say a few
FR. BERNAS. Mr. Presiding Officer,
may I
In the course of the interpellation by Commissioner

words?
Concepcion when we took up this proposal under a
freewheeling discussion, and as stated earlier by Com- The
missioner de los Reyes, naturalization is a judicial act
because admission to Philippine citizenship is a matter sponsor is recognized.
of privilege. And the determination then of who should ve^
although not
be considered or admitted as a Filipino citizen must be R. BERNAS. I would
this reason.
the prerogative of the court; hence, this proposal. We irously, the amendment for ^
e s
should prevent any other person from admitting an alien und of the proposed amendment is
was in ®
as a Filipino citizen to preempt a judicial function or Marcos regime when legislation
tura^^^^^
authority. I submit, Mr. Presiding Officer. man. The reason we had this mass f
legis
ree was because one man possessed
THE PRESIDING OFFICER (Mr. Sumulong). Are power will no
ve insure that legislative
e
resulted from he
there any further remarks? Are we now ready to vote? one person, then the abuses which
possession of this legislative power by decree will not Law, he may, however, return to his old customs as an
crop up in the future. such that he will not mingle
alien, socially with Filipinos
For that reason, I prefer to leave the provision as it is

or he will not send his children to our schools where
and allow the legislature to naturalize directly. Philippine history and other subjects are taught.
I ask for a vote, Mr. Presiding Officer. In other words, he might not have had the disqualifi-
cation at the time of the application, but may acquire or
go back to some cause for disqualification after he had
VOTING secured the certificate of naturalization. So that in
THE PRESIDING OFFICER (Mr. Sumulong). Those addition to the grounds under Commonwealth Act
in favorof the amendment proposed by Commissioner No. 63, we should recognize not only those under
Davide, please raise their hand. (Few Members raised Section 18 of Commonwealth Act No. 473, but also the
their hand. disqualifications for naturalization under Section 4.
Those against the proposed amendment, please raise FR. BERNAS. Mr. Presiding Officer, on general
their hand. ( Several Members raised their hand.) principle, I hold the proposition not to make a distinc-
The results show 14 votes in favor and 19 against; the tion except on those cases where the Constitution speci-
amendment is lost. fically makes a distinction between natural-born citizens
and naturalized citizens.
MR. RAMA. Mr. Presiding Officer, I ask that Vice- The proposal my mind, in effect, allows the legisla-
to
President Padilla be recognized. ture to createlaws prejudicial to validly naturalized
citizens, but not applicable to natural-born citizens.
THE PRESIDING OFFICER (Mr. Sumulong). The am opposed
I to that, Mr. Presiding Officer.
Vice-President is recognized.
MR. PADILLA. Thank you, Mr. Presiding Officer.

MR. PADILLA. No, I am referring to the grounds
presently provided for by the Revised Naturalization
Section 3 states: “Philippine citizenship may be lost
Law on disqualifications.
or reacquired in the manner provided by law.” Will the
sponsor agree to change the words “in the manner” to the
FR. BERNAS. Yes, Mr. Presiding Officer, but if
FOR ANY CAUSE? The reason is, the phrase “in the applicant passed the test with all regularity, then he
manner” speaks more of the procedural aspect, whereas
enjoys that citizenship as firmly as a natural-born citizen
“FOR ANY CAUSE provided by law” will consider the
does.
substantial reason for either loss or reacquisition.
MR. PADILLA. Even subsequently, he returns to

if,
FR. BERNAS. In my understanding of this proposal,
his old ways, would that have constituted disqualifica-
the word “manner” includes both substance and pro-
tion?
cedure. So, I would not accept the amendment.
FR. BERNAS. Yes, because those old ways could
MR. PADILLA. After that line “provided by law,” also be the ways of natural-born citizens, and yet we do
will the sponsor consider this addition: CERTIFICATES not disqualify them.
OF NATURALIZATION MAY BE CANCELLED FOR
ANY OF THE CAUSES PROVIDED BY LAW AS MR. PADILLA. hardly possible that a natural-
It is
GROUNDS FOR DISQUALIFICATION OF APPLI- born citizen would have any of those disqualifications
CANTS FOR NATURALIZATION. for naturalization.
I explain briefly. Section 18 of the Revised
will
Naturalization Law, otherwise known as Common- FR. BERNAS. Some of the disqualifications are
wealth Act No. 473, provides for grounds for cancella- moral disqualifications; it is quite possible for natural-
tion of a certificate of naturalization, but most of these born citizens to be immoral.
refer to naturalization certificates obtained illegally or
irregularly or for some other causes existing at the time
MR. PADILLA. No, the disqualifications are not
of the application or during the proceedings for natural- exactly on moral standards; they are more on social
ization. Moreover, the Revised Naturalization Law pro-
behavior.
vides grounds for qualification (Section 2) and for dis-
qualification (Section 4). An applicant for a naturaliza- FR. BERNAS. Mr. Presiding Officer, one of the quali-
tion certificate must have all the qualifications and none fications is they must be of good moral character.
of the disqualifications.
It may happen, Mr. Presiding Officer, that after an MR. PADILLA. That is a qualification, but the
alien obtained a certificate of naturalization, assuming opposite is not mentioned among the disqualifications.
the regular procedure under the Revised Naturalization I am now referring to disqualifications.
FR. BERNAS. I submit the matter to a vote, Mr. Constitution, instead of Section 2 of the 1973 Constitu-
Presiding Officer. tion.
MR. RODRIGO. Was there a proposed amendment? FR. BERNAS. Does the Vice-President mean Section
Ithink the Vice-President was only asking if the sponsor 1, paragraphs 3 and 4 of the 1935 Constitution?
would be amenable to such an amendment.
MR. PADILLA. Yes, Section 1, paragraphs 3 and 4 of
FR. BERNAS. No, I am not amenable. the 1935 Constitution.
I would not argue against the demand for equality
MR. RODRIGO. do not think the Vice-President
I
of sexes, but the situation of a Filipino man who
has already proposed his amendment. marries an alien is sometimes quite different from the
situation of a Filipino woman who marries an alien. As
FR. BERNAS. Commissioner Rodrigo is correct.
we stated during the period of interpellations, a Filipino
wife usually accompanies her alien husband and they
MR. PADILLA. My questions are proposals for an reside abroad. The child is bom usually abroad and
amendment. takes the surname of the alien father. On the other
hand, a Filipino man who marries an alien usually re-
THE PRESIDING OFFICER (Mr. Sumulong). Will sides in the Philippines. The child bears the surname
of
Vice-President Padilla please repeat his proposed amend- the Filipino father and is like any other Filipino born in
ment? of the merger of the provisions
the Philippines. Because
on the citizenship of the father and the mother in
the
MR. PADILLA. The amendment is, after “by law” for election by
1973 Constitution, there is no provision
on Section 3, add: CERTIFICATES OF NATURAL- the child upon his reaching the age of majority. And
IZATION MAY BE CANCELLED FOR ANY OF THE that has given rise to many problems of dual
citizenship,
CAUSES PROVIDED BY LAW AS GROUNDS FOR and quite strange
it is that under the 1 973 Constitution,
DISQUALIFICATION OF APPLICANTS FOR NATU- paragraph 3 thereof, we make reference to;
RALIZATION. Those who elect Philippine citizenship
pursuant to the
hundred and
provisions of the Constitution of nineteen
THE PRESIDING OFFICER (Mr. Sumulong). What
thirty-five.
does the sponsor say? instances
I believe we have discussed this on several
FR. BERNAS. The sponsor does not accept the before, and I would not repeat further.
amendment, and he asks for a vote. be recog-
Mr. Presiding Officer, may
I
MR. SUAREZ.
nized for one question to the proponent?
VOTING
(Mr. Sumulong). Com-
THE PRESIDING OFFICER (Mr. Sumulong). Those THE PRESIDING OFFICER
in favor of the amendment proposed by the Vice- missioner Suarez is recognized.
President, please raise their hand. (Few Members raised
their hand.) tê
concern
Mr. Presiding Officer, I share the
Those against the proposed amendment, please raise
situation which would develop in the event the
their hand. (Several Members raised their hand.)
Sion approves the proposed resolution.
because
5 votes in favor and 19 against; the pens to those born after January 17,
1
The results show ,
according to the proponent, the Honora

e ’
amendment is lost.
3 on y
would limit the application of Section we
MR. PADILLA. Mr. Presiding Officer, may I propose born on or before January 17, 1973? How would
a more basic amendment. consider their status, Mr. Presiding Officer.
suppose that Pcôd

mention^
THE PRESIDING OFFICER (Mr. Sumulong). The MR. PADILLA. I
Vice-President is recognized.
which does not appear in the law or in
tion has reference to the effectivity
of the
were born after the a
i
MR. PADILLA. The 1935 Constitution has Section 1 tution. If the children
the ®
— the 1973 Constitution and before .
(3) and (4) the third paragraph refers to fathers be determ V

and the fourth, to mothers. The 1973 Constitution 1986 Constitution, their status would
joined them together. We have previously discussed the laws and the Constitution then r’p.nqti.
that the situation of a Filipino man who marries an alien words, even retroact or return to the
if we ponld
where w
is somewhat different from that of a Filipino woman tution, there would be no situation
under e
who marries an alien. I would propose that we return disturb the status already acquired
to the provisions of Section 1 (3) and (4) of the 1935 Constitution.
MR. SUAREZ. In other words, Mr. Presiding Officer, THE PRESIDING OFFICER (Mr. Sumulong). Com-
even those born after January 17, 1973 and before the missioner Rodrigo is recognized.
adoption of this Constitution could opt to elect Philip-
pine citizenship under appropriate circumstances? MR. RODRIGO. These provisions both of the 1935
and the 1973 Constitutions are based on jus sanguinis,
MR. PADILLA. No, because they were born after the is that right?
effectivity of the 1973 Constitution, so the 1973
Constitution applies. MR. PADILLA. Yes.
MR. SUAREZ. Meaning, if their fathers or mothers MR. RODRIGO. We want to follow this principle of
are citizens of the Philippines, automatically they also jus sanguinis. There is a saying, which is a little naughty,
become Filipino citizens, Mr. Presiding Officer? that maternity is a certainty, paternity is an act of faith.
So, it is surer that the blood of the mother is in the
MR. PADILLA. Yes, because we cannot change that child than the other way around. So, is it not surer if we
status anymore by any subsequent provision, even if it are to follow jus sanguinis, that is, giving the child of a
were included in the Constitution. Filipino mother Philippine citizenship?
MR. SUAREZ. Thank you for the clarification. MR. PADILLA. The of birth, definitely, is even a
fact
ground for recognition because the relation of maternity
MR. SARMIENTO. Mr. Presiding Officer. between mother and child is clear and even conclusive.
As regards the father, the relation of paternity and filia-
THE PRESIDING OFFICER (Mr. Sumulong). Com- tion may not, as the Gentleman says, be very clear. But
missioner Sarmiento is recognized. if they are married, that is not only disputable or prima
facie but also conclusive. I recall Commissioner de los
MR. SARMIENTO. The proponent is suggesting that Reyes asked me before if this would discourage mar-
we revert to the provision of the 1935 Constitution, his riage because a child born of a Filipino mother not mar-
reason being that the situation of a Filipino woman who ried to the father may not have legal paternity and
marries an alien is different from that of a Filipino man filiation, so that the child adopts the citizenship of the
who marries an alien. He stated that normally the Filipi- mother.
no woman resides in the country of her alien husband,
unlike a Filipino man who marries an alien who resides MS. AQUINO. Mr. Presiding Officer, may I be recog-
in the Philippines together with his alien wife. However, nized?
I know of an instance where a Filipino husband resides
in the country of his alien wife. One example is that of THE PRESIDING OFFICER (Mr. Sumulong). Com-
my relative who, together with his alien wife, resides in missioner Aquino is recognized.
his wife’s country. May I ask the Vice-President’s
comment on this. MS. AQUINO. Mr. Presiding interpose a
Officer, I
vigorous objection to the proposal of the distinguished

MR. PADILLA. There is always such a situation. proponent. Despite the blandishments of purism in
If the husband is “under the saya,” then he follows the citizenship, there is read into that proposal a very
wife. But it is the husband — especially a Filipino hus- distinctive trend towards discrimination against wo-
band — who is the head of the family under the Civil men. It is bad enough that the Constitution is replete in
Code, and who chooses the residence or domicile after language and formulations with sexual connotations,
marriage. and it is doubly tragic for us to constitutionalize this
bias by way of a proposal after we have practically en-

MR. SARMIENTO. What if the husband is not shrined in unmistakable formulations the principle of
“under the saya”? They both love each other and they jus sanguinis in the 1973 Constitution. This is, in fact, a
both decide to stay in that foreign place because of recognition that women have made relative successes
“greener pasture.” in terms of having recognition of their equal rights with
men. For us to delete this provision would be retro-
MR. PADILLA. That is all right. It will be covered gression, nothing less. I believe that we have the oppor-
even by the 1935 Constitution, that a child whose tunity now expunge the Constitution of
to all vestiges
father is a citizen of the Philippines is a Filipino. Of of sexual discrimination and of sexism.

course, under the American law on citizenship, the
principle of jus soli is recognized, such that even if both MR. PADILLA. Mr. Presiding Officer, I was warned
I would be
parents are Filipinos, if the child is born in the United that in proposing the 1935 Constitution,
States, that child has a right to American citizenship. misunderstood by the feminist movement for equal
rights. But I am convinced that when the learned and
MR. RODRIGO. Mr. Presiding Officer, will the illustrious delegates who framed the 1935 Constitu-
Gentleman yield to a few questions? tion had that distinction made between fathers and
mothers, they were not discriminating against the fairer MS. AQUINO. Mr. Presiding Officer.
sex. I do not believe that we can accuse them of dis-
crimination, of inequality and other unfair criticisms. THE PRESIDING OFFICER (Mr. Sumulong). Com-
missioner Aquino is recognized.
I admit that the 1973 Constitution had changed or,
rather, combined together “fathers and mothers.” But I
MS. AQUINO. For all of the protestations of the pro-
do not believe that such a change was an improvement
ponent of his belief in the ideals of sexual equality even
over the 1935 Constitution, especially when we consider
as he would say that we should deny the status of citi-
that there are some relevant differences in the case of a
zenship to the children of Filipino mothers married to
father marrying an alien and a mother marrying a
aliens, I would have to take exception to this monu-
foreigner. I believe in equal rights, especially before the
mental hypocrisy.
law, but not necessarily in equality. But by the very
nature of man and woman, there are certain differences The issue here is, why do we have to discriminate
against children of Filipino mothers who are married to
that cannot be denied. One important virtue or attribute
aliens? It does not fit weU with the idea of equality.
of a woman, we might say, is that she is the only one
who can become pregnant and give birth to a child, not When 973 Constitution incorporated the phrase
the 1
a man. Therefore, we must give our mothers, our wives, “or mothers,” it was already a bonanza in terms of the
our sisters and our daughters due recognition, and even manifold successes of women in their struggle for equal-
preferential respect. ity, and to deny the children of Filipino
mothers this
right now would be nothing less than oppression.
FR. BERNAS. Mr. Presiding Officer, may I be al-
lowed to say something in defense of the Committee’s MR. PADILLA. Mr. Presiding Officer, in connection
that his pro-
proposal? with the remark of the honorable sponsor
distinguish between
posed amendment does not seek to
What the natural-born and otherwise, as far
as I am con-
mother is a natural-
does the sponsor say? cerned, a chUd born of a Filipino
way that a ° ^
born citizen, in the same
citizen^ The distinc-
We do not accept the proposed Filipino father is a natural-born
FR. BERNAS. or deprive the c
tion is not intended to deny
amendment. natural-born.
Filipino mothers their status as
The purpose of the committee report is to elevate the to give thi^nter-
In other words, the objection seems
Filipino mother to a level of equality with the Filipino w
pretation to proposed amendmen
my p
father. First, we do not wish to punish the Filipino Members of 1935
restores the wisdom of the
mother and her child simply because she married an
stitutional Convention — that a
child °
same way that we do not punish the Filipi-
alien, in the whereas rhild born
father is a natural-born citizen
no father and his child when he marries an alien. a natural-born
citizen,
.
That
of a Filipino mother is not
Second, the child has two options. In many cases, he amendment.
is not the intention of the
will have dual citizenship — he may either choose the
citizenship of his mother or the citizenship of the the amendment of
FR. BERNAS. May we know what
father. He should be allowed to choose. The
choice
can give rise to the Gentleman is?
must not be imposed on him. True, this
law can provide of
dual citizenship but the naturalization stated, instead
Section 1
MR. PADILLA. As
that the child with dual citizenship must make a choice Section )
Constitution, we revert to
(
the 1973
within a certain period of time.
(4) of the 1935 Constitution.
Finally, think the principal argument against the
I
if we may Mr. Presiding Officer,
may I
existing provision is that these mestizos, FR BERNAS.
positions reserved for natural-
may occupy because
call them, that we start with Section 1 (2)
born citizens. But let us remember that a mestizo can necessary to move to Section 1
^
oronosed
it, the
be such because he is either the child of a Filipino 1 Therefore, as I understand
(2).
rea
father and an alien mother or the child of a Filipino amendment is, Section 1 (2) ^houl
'
WHOSE FATHERS AND MOTHERS ARE

CITI
mother and an alien father. Both of them are mestizos.
If we want to exclude mestizos, then let us exclude all HF THF PHTT TPPINES. Is that correct?
mestizos, including the children of Filipino fathers, and
let us treat this in the appropriate article. For instance, MR. PADILLA. No, no; it is not correct.
ifthe Gentlemen really wants to be a purist about this, amend
the Gentleman
s
he can say in the Article on the President that the Pres- FR. BERNAS. What is
ident must be a child of a Filipino mother and father. ment?

But let us not handle that here.
MR, PADILLA. Section 1 (2) of the
Therefore, I request a vote on this, Mr. Presiding
should be amended to rea
stitution
Officer.
Section 1 (3) and (4) of the 1935 Constitution, and I exploitation of our natural resources and the operation
quote: “Section 1 (3). Those whose fathers are citizens of public utilities?
of the Philippines. (4) Those whose mothers are citizens If this Constitutional Commission will eliminate the
of the Philippines and, upon reaching the age of major- preference for Filipinos, I would have no objection to
ity, elect Philippine citizenship.” the report of the Committee. But as long as we give
some preference for the Filipinos to the aliens, I would
FR. BERNAS. We do not accept the Gentleman’s prefer the amendment proposed by Commissioner
amendment, Mr. Presiding Officer. Padilla. Why? I think it is no secret that before 1935,
there was barely any petition for naturalization. As soon
THE PRESIDING OFFICER (Mr. Sumulong). What as the 1935 Constitution was approved, petitions for
is the pleasure of the Floor Leader? naturalization swarmed the courts of justice because of
the provision that Filipinos shall have preference over
MR. RAMA. Commissioner Concepcion would like to the utilization and exploitation of natural resources.
speak in favor of the amendment. And that is still so now. Their petitions did not only
swarm our dockets but they found themselves desirous
to become Filipinos or else they would not have en-
missioner Concepcion is recognized.
joyed the right of preference for Filipinos over the
conservation and utilization of natural resources, and
the operation of public utilities. However, since that
MR. CONCEPCION. Mr. Presiding Officer, my policy was abandoned by the 1973 Constitution, how
re-
marks are not based on gender but I start from the
assumption that we still want to protect our natural
many of our former foreigners have sought naturaliza-
tion either by judicial or some other process which has
resources and the operation of our public utilities by
increased their predominance over the Filipinos? So
reserving a big portion thereof to Filipino citizens.
that now, the list of the presidents of the Rotary club
Contrary to the allegation that the amendment will
or the Lions club shows that the names are foreign
result in inequality,
perhaps it will result in equality, but
names. The overwhelming majority of those who go to
adversely for the children whose fathers and mothers
the movies, to the golf clubs and other clubs are of
are citizens of the Philippines. Why? It is because the
foreign parentage or foreign nationality, before at
child whose mother is a Filipino but whose father is a
least.
foreigner has two choices, and may avail of them at
different times for different purposes; whereas the So, it is precisely to prevent the Filipinos from being
Filipino will be left bereft of such choice. discriminated against that I favor the idea that only in
Secondly, I think
can describe this better by refer-
I
case the father is a Filipino citizen should the child be
ring to parity rights. We granted parity rights to the considered a citizen of the Philippines. When the mother
Americans but did they really have the same rights as is a Filipino but she wants to follow the citizenship of
the Filipinos? The Americans apparently have better her husband, let Let us not presume that he
her say so.
rights than the Filipinos since they have the capital would want to do so. But remember, he is not likely to
which the Filipinos do not have. The Americans are do that. In many cases, foreigners marry Filipino
well-organized; we do not have that organization — women precisely to enjoy the benefits of the national
wherever you go, the Filipinos always split. It is not law.
perhaps the Americans but some other nationalities Thank you, Mr. Presiding Officer.
who are better organized or are better financed than
the Filipinos. If the woman should follow the national- FR. BERNAS. Mr. Presiding Officer, I request a
ity of the husband, the husband cannot avail of the vote on the proposal.
nationality of the woman in order to exploit our natural
resources and operate public utilities. But if we maintain MR. GUINGONA. Mr. Presiding Officer, before we
the citizenship of the woman — presumed from the very take a vote, may I request clarification from the dis-
beginning to have retained her citizenship — then she is tinguished Vice-President?
most likely to be exploited by the husband. Would his proposal requiring election upon reaching
And
that is true with respect to the child. The child the age of majority make the newly born child a Filipi-
willhave two choices. When it suits him, he could inno citizen or not? And would he be considered a citizen
voke the nationality of his mother; but if it suits him in between the time of birth and the time of election of
some other respect, he can invoke the nationality of the citizenship?
father. It is precisely against this inequality that I stand
before this body tonight. Of course, I should like to MR. PADILLA. What I would say is, after election
point the Commission’s attention to the need of cor- that retroacts.
relating these provisions on Citizenship with the provi-
sions on Natural Resources. Are we still requiring pre- MR. GUINGONA. I Would
the Vice-President
see.
ferential rights for Filipinos in connection with the propose a corresponding provision similar to the one
.
found in theproposal of the Committee which says that MR. CONCEPCION. Mr. Presiding Officer, may I just
those who Philippine citizenship shall also be
elect say a word in reply to the remarks of Commissioner
deemed natural-born citizens? Bengzon that we are not trying to punish anybody. Mar-
riage has its own effects and we have to accept its ef-
MR. PADILLA. I can agree to that. fects. But the question is: Are we willing to give up the
preference for Filipinos over our natural resources?
MR. GUINGONA. Thank you. That is the point I would want to stress.
MR. RAMA. Mr. Presiding Officer. VOTING

THE PRESIDING OFFICER (Mr. Sumulong). The Chair now puts the amendment proposed by the Vice-
Floor Leader is recognized. President to a vote.
Those favor of the proposed amendment, please

in
MR. RAMA. I ask that Commissioner Bengzon be
recognized.
Those against, please do the same. (Several Members
raised their hand.)
The results show 10 votes in favor of the amendment
missioner Bengzon is recognized.
and 29 against; the amendment is lost.
MR. BENGZON. would like to say something

I just The Floor Leader is recognized.
in connection with what Commissioner Concepcion
said
with respect to the intention of some foreigners who MR. RAMA. ask that Commissioner Trenas be
I
marry Filipino women with the sole purpose of ex- recognized to present an amendment.
ploiting our natural resources, which inevitably affects
the children.
Gentleman is recognized.
I think we should remember that there are a lot of
Filipino children born of Filipino mothers and foreign
MR. TRENAS. Mr. Presiding Officer, may I propose
fathers who do not know any other country but the which
an amendment to subsection (3) of Article
1
Philippines. They have no other friends but Filipinos

reads:
and they have not known any other education but
Those who pursuant to the
elect Philippine citizenship
Filipino education.
hundred and
provisions of the Constitution of nineteen
It be true in some instances, although not in all,
may thirty-five
that perhaps the intention of a foreigner in marrying
a . .
this provi
Filipino woman is to be able to pursue activities re- Iunderstand that the purpose of inserting
Filipino mo-
served for Filipinos by putting the business in the name sion is to give a chance to those born of
of his wife. But we should also remember that in the thers on or before January 17, 1973. I right? Am
pursuit of these activities, not only did that particular
foreigner improve the economic situation in the
Philip- FR. BERNAS. Before January 17.
pines, but also improved the lot of his Filipino wife and
an alien MR. TRENAS. Yes, and this merely a transitory
his children to a point that in the end such
is
becomes a Filipino and has become more of a Filipino provision.

than some other Filipinos.
may not be fair to say, and it FR. BERNAS. Yes.
So in that respect, it
may not be fair to punish and discriminate against the or

children of a Filipino woman married to a foreigner,
MR. TRENAS. Those who may not be lawyers
o incor
ho may not really understand the purpose
because those children are truly Filipinos, educated in Constitution, y
jrating this section in our new
the Philippines and who know no other country but the reference to e
erely reading this where it makes
Philippines. refer to paragrap
jnstitution of 1935, will, therefore,
Thank you. ) which says:
Philippines and,
the Those whose mothers are citizens of the
THE PRESIDING OFFICER (Mr. Sumulong). Is
elect Philippine
citizen
upon reaching the age of majority
Commission ready to vote?
ship.
The proposed amendment is to make

MR. CONCEPCION. Mr. Presiding Officer.
lear by going directly to the P'^'TOse of t
' p’
THE PRESIDING OFFICER (Mr. Sumulong). Com- id shall read as follows: THOSE
^ îtt
missioner Concepcion has the floor. »iNUARY 17, 1973 WHOSE MOTHERS ARE Cl 11-
ZENS OF THE PHILIPPINES, AND UPON REACHING VOTING

THE AGE OF MAJORITY, ELECT PHILIPPINE CITI-
ZENSHIP. THE PRESIDING OFFICER (Mr. Sumulong). Those
in favor of the proposed amendment, please raise their
FR. BERNAS. Mr. Presiding may hand. ( Few Members raised their hand.)
request
Officer, I
that we
defer consideration of this amendment until we Those against, please do the same. ( Several Members
settle the proviso in Section 4. If that is understood as raised their hand.)
retroactive, paragraph (3) of Section 1 will even become
unnecessary.
amendment is lost.
MR. TRENAS. It is all right.
MR. GUINGONA. Thank you.
MR. RAMA. Mr. Presiding Officer. The second amendment refers to the matter of dual
citizenship and found in Section 2, starting with
this is
line 3, page 2. My proposed amendment would be: “Citi-

zens of the Philippines who marry aliens BY REASON
OF WHICH THEY ACQUIRED THE CITIZENSHIP
MR. RAMA. I ask that Commissioner Guingona be OF THE SPOUSE shall retain their citizenship, PRO-
recognized to present an amendment.
VIDED THAT AT ANY TIME WITHIN ONE YEAR
FROM THE CELEBRATION OF THEIR MARRIAGE,
THEY RENOUNCE THE CITIZENSHIP OF THEIR
THE PRESIDING OFFICER (Mr. Sumulong). Com- SPOUSES, OTHERWISE, THEY WOULD LOSE THEIR
missioner Guingona is recognized. PHILIPPINE CITIZENSHIP.”
I would like to mention that this provision is almost a
MR. GUINGONA. Thank you, Mr. Presiding Officer. verbatim copy from the second alternative proposal of
I have two amendments to offer. One concerns the UP Law Revision Project of 1970.
naturalization, and the other is on the matter of dual
With the Commissioner’s permission, may I just read
citizenship. With regard to the first, I would like to add
some of the reasons I have advanced in connection with
the following clause to lines 1 and 2, page 2 of the com-
this particular amendment:
mittee report. My proposed amendment shall read:
THE EXECUTIVE SHALL HAVE NO POWER TO 1. Citizens of the Philippines, including those of dual
GRANT NATURALIZATION UNDER ANY CIRCUM- citizenship, would be entitled to all rights and privileges of a
STANCE EVEN THROUGH DELEGATION BY THE citizen, including the right to be elected to the highest
LEGISLATURE. positions in the government.
In other words, Mr. Presiding Officer, I am removing
2. FUipinos of dual citizenship would be subject to the
any of the executive granting citizenship by
possibility
jurisdiction of other states of which he or she is also a citi-
naturalization, and the reason is that we are framing
zen and to which he or she would owe allegiance and would
a Constitution which is not only good for this genera-
have the duty to serve and the duty to pay taxes . . .
tion but for many generations to come. It might be

possible that in the future the legislature might delegate 3. It would be advisable for us to provide in the Consti-
to the executive the power to grant citizenship, subject tution even indirectly that we uphold the theory of only
to restrictions. one citizenship as proposed by the late Dr. Salvador
Araneta, a 1971 Constitutional Convention delegate. Fili-
pinos of dual citizenship could at best be suspected of
FR. BERNAS. The Committee does not accept the
divided loyalty as far as the countries of which they are
amendment and would prefer to leave the matter of citizens are concerned. At times even these countries may,
naturalization to ordinary legislation.
in the future, come into conflict with one another.
Finally, the renunciation of one’s citizenship under a
MR. GUINGONA. May I suggest to the honorable
foreign country, although the same may have no effect
proponent that he throw it to the floor and put it to a
therein, would serve as an evident declaration of loyalty
vote.
to our country.
FR. BERNAS. If the Gentleman insists, we have to FR. BERNAS. The matter of dual citizenship has
throw it to the floor. relevance not just to Section 2 but also to paragraph 2
of Section 1 because the latter can also give rise to dual
MR. GUINGONA. Thank you. citizenship. But it is the position of the sponsor that
the matter of dual citizenship be handled by ordinary
FR. BERNAS. We have no choice. May I ask for a legislation. It is perfectly within the competence of the
vote on the amendment, Mr. Presiding Officer. legislative body to pass a law saying that those possess-
ing dual citizenship must make a choice within a certain SIMILATE THEMSELVES INTO FILIPINO ECONO-
period. MIC,CULTURAL AND SOCIAL LIFE AND RESPECT
Thank you. FILIPINO VALUES AND TRADITIONS.
respectfully submit this proposal so that this mutual
I
MR. SARMIENTO. Mr. Presiding Officer, just a piece discrimination based on racial or ethnic ancestry, as well
of information. as its ugly consequences, could be reduced significantly
in our society.
THE PRESIDING OFFICER (Mr. Sumulong). What is
the pleasure of Commissioner Sarmiento? FR. BERNAS. If I read the Committee’s mind right,
the Committee would not accept that provision for the
MR. SARMIENTO. Commissioner Guingona men- reason that the process of assimilation should precede
tioned the 1970 UP Law Revision Project. However, a naturalization rather than follow naturalization. The
look at the 1970 UP Law Constitution Project would steps towards naturalization should be strengthened in
show that its proposal was not repeated in this 1 986 UP such a way that before naturalization judgment is given,
Law Project. The proposal of the 1 986 UP Law Constitu- there should be an assurance that there has already been
tion Project is a verbatim repetition of Section 2 as pro- assimilation. As I understand the Commissioner’s pro-
posed by the Committee on Citizenship, Bill of Rights, posal, the assimilation will be after naturalization,
which
Political Rights and Obligations and Human Rights. isquite late. Assimilation before naturalization can very
well be provided by ordinary legislation, and I
believe
Thank you.
a legislature which would be
we are capable of creating
we are with economic, social
THE PRESIDING OFFICER (Mr. Sumulong). Is the equally as concerned as
body ready to vote? and cultural factors.
FR. BERNAS. Mr. Presiding understand Officer, I MR. VILLACORTA. Mr. Presiding Officer, may I just
reply? Our proposal would like to reinforce

the assimi-
that the amendment has not been formally proposed, so
of naturali-
there is no need for a vote yet. lation process that precedes the conferment
candidate for
zation. We know for a fact that even if a
nationa cu
MR. RAMA. Mr. Presiding Officer. naturalization assimilates himself into the
that he
tural mainstream, what usually happens is
process alter
THE PRESIDING OFFICER (Mr. Sumulong). The forgets to follow through the assimUation
Floor Leader is recognized. being naturalized.
May I, therefore, request the proponent to ask for a
MR. RAMA. ask that Commissioner Villacorta be
I vote on our proposal.
recognized to present an amendment.
FR. BERNAS. I propose a vote on the subject.
missioner Villacorta is recognized.
VOTING
MR. VILLACORtA. Mr. Presiding Officer, I would THE PRESIDING OFFICER (Mr. Sumulong). Those
like to know if the Committee would consider the addi- of the amendment, please
in favor raise their hand. (Few
tion of a section that will give due recognition to the
social dimension of naturalization. It is well-known that
against, please raise their hand. (
Several Mem-
many aliens aspire for naturalization for reasons of con- Those
venience. The naturalization law of the country, unfor- bers raised their hand.)
tunately, does not provide for genuine cultural assimila- The results show 9 votes in favor and 23 against; the
tion of naturalized citizens after they pass the probation amendment is lost.
test. I am not calling for a disqualification of these
naturalized citizens who do not assimilate themselves.
What I am a general principle that will
proposing Com-
MR. RAMA. Mr. Presiding Officer, I ask that
is
reinforce cultural, economic and social assimilation as present a short

missioner Maambong be recognized to
an ideal and which could be a basis for future legisla-
amendment.
tion and serve as a behavioral norm that naturalized
citizens and their families will always be conscious of. (Mr. Sumulong). Com-
I would like the Committee on Citizenship, Bill of
Rights, Rights and Obligations and Human
Political
Rights to consider the incorporation of the following Officer.
MR. MAAMBONG. Thank you, Mr. Presiding
provision based on the resolution that Commissioner page
Sarmiento and I have cosponsored: SECTION I am now referring to Section 3 found on
citizenship
NATURALIZED CITIZENS SHALL STRIVE TO AS- 2, lines 7 and 8, which reads “Philippine
may be lost or reacquired in the manner provided by MR. MAAMBONG. I ask this question in reference
law.” to Section I (7) of Commonwealth Act No. 63, as
I intend to propose an amendment on the word amended. I am now referring to the book Citizenship,
“law.” However, if the honorable sponsor could satisfy Naturalization,Immigration, and Alien Registration
some of my questions on this point, then I will not Laws, Annotated, published by the Central Law Book
proceed with my proposal. Publishing Company Incorporated, 1977, Third Edition.
Portion of the said Commonwealth Act provides for
First would
of all, I like to know if, in the inter-
the loss of citizenship which states:
pretation of the word “law,” the Commissioner is
referring to denaturalization procedure under
the In the case of a woman, upon her marriage to a foreigner,
Section 18 of Commonwealth Act No. 473, which is the if by virtue of the laws enforced in her husband’s country,
Revised Naturalization Law. she acquires his nationality.
Will this formulation of Section (7) of Common- 1

FR. BERNAS. I am referring to any denaturalization wealth Act No. 63 not be applicable anymore if we
procedure which may be provided by law. This is not approve this provision on Citizenship under Section 2?
intended to canonize any existing law but rather to give
authority to the legislature to pass future laws on this FR. BERNAS. As would say that
a matter of fact, I
matter.
that particular provision was already repealed by the
1973 Constitution.
MR. MAAMBONG. Without prejudice to future legis-
lation, may I just indicate some of the laws which may MR. MAAMBONG. Thank you for that.
be covered by the term “law” under Section 3?
May I proceed to another law again mentioned in the
Commissioner’s book. It is RA 965, approved on June
FR. BERNAS. Perhaps I could just make a general
20, 1953 which is entitled: AN ACT PROVIDING FOR RE-
answer. If there are laws which are not yet repealed and
are in existence, then they are covered by this term.
ACQUISITION OF PHILIPPINE CITIZENSHIP BY PERSONS
WHO LOST SUCH CITIZENSHIP BY RENDERING SERVICE
TO, OR ACCEPTING COMMISSION IN THE ARMED FORCES
MR. MAAMBONG. Then, let us start with Section 18
of Commonwealth Act No. 473 which provides for de-
OF AN ALLIED FOREIGN COUNTRY AND TAKING AN
naturalization procedure. Could that apply in the
OATH OF ALLEGIANCE INCIDENT THERETO.
present setting? Offhand, would the Commissioner say that in the
present setting this proposal will be covered by the term
FR. BERNAS. If that has not yet been repealed, “law” under Section 3?
it
still applies.
FR. BERNAS. Offhand, yes.
MR. MAAMBONG. It does not seem to have been MR. MAAMBONG. Thank you. We will now proceed
repealed because it is still in the Commissioner’s book. to RA2630, which unfortunately is indicated in the
(Laughter) Commissioner’s book as RA 2639, approved on June
18, 1960.
FR. BERNAS. We can never tell what President
Marcos repealed by decrees. FR. BERNAS. I will have to tell my printer to correct
the typographical error.
MR. MAAMBONG. I am referring to the 1983 edition
MR. MAAMBONG. The title of this RA 2630 is: AN
of the Commissioner’s book.
ACT PROVIDING FOR REACQUISITION OF PHILIPPINE
I will proceed further. CITIZENSHIP BY PERSONS WHO LOST SUCH CITIZENSHIP
Commissioner Bernas’ book also mentions Common- BY RENDERING SERVICE TO, OR ACCEPTING COMMIS-
wealth Act No. 63 which was actually approved on SION IN THE ARMED FORCES OF THE UNITED STATES.
October 21, 1936. The title of this Act reads: AN ACT Offhand, would this Act still be applicable in the inter-
PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITI- pretation of the word “law” in Section 3 under the
ZENSHIP MAY BE LOST OR REACQUIRED. present setting?
Would this be covered by the term “law” under FR. BERNAS. As I said, the general principle I am
Section 3 as far as loss or reacquisition of citizenship is going under is that the word “law” in that provision
concerned? has reference only to laws which are still in effect. We
can check later on which laws are still in effect.
FR. BERNAS. As I say, if that Act has not yet been
repealed either by the legislature or by decree during the MR. MAAMBONG. And all of these, without pre-
years when it could be repealed by decree, then it is judice to future laws, are on loss or reacquisition of
covered. citizenship?
FR. BERNAS. Correct. Japan. We may have a Chief Justice of the Supreme
Court whose father may be named Miguel Gorbachev,
MR. MAAMBONG. This is my last question: It is not a member of the KGB in Moscow. We may have a Chair-
indicated anymore in the Commissioner’s book but I man of the Commission on Elections whose father may
have here P.D. No. 725, issued on June 5, 1975, which be called Jose Deng Xiaoping who is based in Peking.
says: PROVIDING FOR REPATRIATION OF FILIPINO This matter involves national interest and security.
WOMEN WHO HAD LOST THEIR PHILIPPINE CITIZENSHIP We should not allow possibilities as frightening as these
BY MARRIAGE TO ALIENS AND OF NATURAL-BORN to be perpetrated in our Constitution. Our sentiment in
FILIPINOS.
this regard is rather very strong and so we are respect-
Would be considered again in the inter-
this provision fully moving for the deletion of this particular proviso
pretation of the word “law” under Section 3 of the appearing in Section 4 of the Proposed Resolution on
proposed Article on Citizenship? Citizenship.

FR. BERNAS. Again, we would consider it a law
provided it has not yet been repealed.
MR. MAAMBONG, In view of that reply, I will not

What
proceed with my proposed amendment. THE PRESIDING OFFICER (Mr. Sumulong).
does the sponsor say?
FR. BERNAS. May I say a few words. I have already
MR. RAMA. Mr. Presiding Officer. saying that certain
adverted to that problem earlier
offices should be occupied only by these very pure citi-

when we come to the proper
zens. We can attSnd to that
Floor Leader is recognized. when we are dealing with the
provisions. For
instance,
we could have a provi-
qualifications of the President,
MR. RAMA. ask that Commissioner Suarez be
I must be born of a Fili-
sion stating that the President
recognized to present an amendment. the appropriate place
pino father and mother. That is
where the problem is. That
to put it in because that is
can be taken care of in those specific portions of the
My amendment is very simple; it is the deletion of Constitution.
the proviso in Section 4, lines 12 to 13, which reads:
suêsting
“Provided, That those who elect Philippine citizenship MR SUAREZ. So, is the Commissioner
defer consideration of my
in accordance with Section 1, paragraph 3 above shall motion to delete.
that we
also be deemed natural-born citizens.”
am not suggesting that. I am sug-
FR. BERNAS. I
FR. BERNAS. The Committee prefers to retain
even if we approve this proviso, it can stil
our ap- ssting that
this proviso just to even things out in view of
e attended to when
we take up the pertinent provi-
proval of Section paragraph 2. Legislative, the Judiciary
ons on the Executive, the
1,
Elections especially whên we

ad the Commission on
MR. SUAREZ. Thank you. of those who will
arttalking about the qualifications
ccupy those offices.
May I be allowed to discuss this matter?
reach those Articles we will
must confess that I had some agonizing moments In other words, when we
citizen,” but we will specify
I
before moving to delete this particular proviso because ot just say “natural-born
I do not want to be accused of discriminating against
fellow citizens. I might be committing a disservice to Mr.

them. However, I feel rather strongly that my personal MR SUAREZ. That might pose complications,
not accept the suggestion
sentiments should not prevail over the interests of the Presiding Officer. So, I would
nation. of the proponent.
Let me an example. Under our Constitution, the
cite Officer, I submit this
FR. BERNAS. Mr. Presiding
President, Vice-President, Chief Justice of the Supreme
matter to a vote.
Court, and members of the Commission on Elections are
required to be natural-born citizens. So, if this provision may have a few
MR. RODRIGO. Before we vote, I
would be approved, there will be frightening possibili-
ties. We may have a President whose father is named
minutes.
Jack Reagan who is based in Washington, D.C. and is a (Mr. Sumulong). Com-
member of the CIA. We may have a Vice-President THE PRESIDING OFFICER
missioner Rodrigo is recognized.
whose name may be Naburo Nakasone, based in Tokyo,
MR. RODRIGO. The purpose of that proviso is to hours later — maybe because of parto laborioso — is a
remedy an inequitable situation. Between 1935 and natural-born Filipino citizen.
1973, when we were under the 1935 Constitution, I think we should equalize their status, so this proviso
those born of Filipino fathers but alien mothers were
should be inserted. I think it is a very just proviso.
natural-born Filipinos. However, those born of Fili-
pino mothers but alien fathers would have to elect Thank you very much.
Philippine citizenship upon reaching the age of major-
FR. BERNAS. The amendment of Commissioner
ity; and, if they do elect, they become Filipino citizens,
Suarez is for the deletion of the proviso on page 2, line
yes, but not natural-born Filipino citizens.
12.
The 1973 Constitution equalized the status of those VOTING

born of Filipino mothers and those born of Filipino
fathers. So that from January 17, 1973 when the THE PRESIDING OFFICER (Mr. Sumulong). All
1973 Constitution took effect, those born of Filipino those in favor of the proposed amendment, please raise
mothers but of alien fathers are natural-born Filipino their hand. (Few members raise their hand.)
citizens. Also, those who are born of Filipino fathers Those against, please raise their hand. (Several Mem-
and alien mothers are natural-born Filipino citizens. bers raised their hand.)
If the 1973 Constitution equalized the status of a The results show 7 votes in favor and 23 against; the
child born of a Filipino mother and that born of a amendment is lost.
Filipino father, why do we not give a chance to a child
born before January 17, 1973, if and when he elects MR. RAMA. Mr. Presiding Officer.
Philippine citizenship, to be in the same status as one
born of a Filipino father - namely, natural-born citizen. THE PRESIDING OFFICER (Mr. Sumulong). The
Another thing I stated is equalizing the status of a
father and a mother vis-a-vis the child. I would like to ADJOURNMENT OF SESSION
state also that we should equalize the status of a child
born of a Filipino mother the day before January 17, MR. RAMA. I move that we adjourn until tomorrow
1973 and a child born also of a Filipino mother on at two-thirty in the afternoon.
January 17 or 24 hours later. A child born of a Filipino
mother but an alien father one day before January 17, THE PRESIDING OFFICER (Mr. Sumulong). The
1973 is a Filipino citizen, if he elects Philippine citizen- session is adjourned until tomorrow at two-thirty in the
ship, but he is not a natural-born Filipino citizen. afternoon.
However, the other child who luckily was born 24 It was 7:46 p.m.
R.C.C. IMO. 25
OPENING OF SESSION na nawa aming matugunan ang hamong

hinihiling sa lyo
nasa aming harap at maging tunay kaming kasangkapan
At 2:50 p.m., the President, the Honorable Cecilia ng pagkakaisa at pagkakasundo ng sambayanang Pili-
Munoz Palma, opened the session. pino;
Isinasamo namin, Panginoon, na itulot Mong mawaksi

THE PRESIDENT. The session is called to order. ang imbot at sariling kapakanan sa puso ng bawaY isa
sa amin at nang sa gayon ang mapag-ukulan lamang
NATIONAL ANTHEM namin ng pansin ay ang tunay na kapakanan ng aming
bayan. Marapatin Mo po sana na matapos namin ang
THE PRESIDENT. Everybody will please rise to sing Saligang Batas sa takdang panahon;
At kung matapos na naming sulatin ang bagong
Anthem. Saligang Batas, marapatin Mo po sana na
Everybody rose to sing the National ito ay pag-
tibayin ng sambayanang Pilipino at nang sa gayon ay

THE PRESIDENT. Everybody will please remain maghari ang kapayapaan, kaisahan, kasaganaan at ma-
standing for the Prayer to be led by the Honorable ang aming bansa sa lalong higit na ma-
ihatid namin
Teodulo C. Natividad. gandang kinabukasan. Siya Nawa.
ROLL CALL
PRAYER Secretary-General will please
THE PRESIDENT. The
MR. NATIVIDAD. Amang Makapangyarihan sa lahat, call the roll.
itunghay Mo
ang lyong liwanag at ilagak ang lyong mabi-
yayang tangkilik sa bulwagang ito na pinagtitipunan ng THE SECRETARY-GENERAL, reading:
lyong mga anak na inatangan ng mabigat at maselang Present Natividad . . . . . Present
Abubakar
tungkuling ang nakataya ay bukas, buhay at kapalaran Present* Nieva . . Present
Alonto
ng aming lahi; Nolledo .... Present
Aquino Present . .
Present
Pagningasin Mo, Ama, ang mga diwa at isip ng bawa’t Azcuna Present Ople . .
Present
isa sa amin at nang sa gayon, ang talsik ng talino mula Padilla . .
Bacani Present
Quesada .... Present*
sa lyong paglingap ay maging kasangkapan sa pagbuo ng Bengzon Present
Rama Present*
Saligang Batas ng aming lahi, isang Saligang Batas na Bennagen Present . .
Regalado .... Present

maka-Diyos at tunay na maka-tao; Bernas Present . .

Ilingap Mo, Ama, ang lyong basbas kapulungang sa Rosario Braid . . .

ito upang maging sulo namin sa pusikit na karimlan Brocka
Present* Rodrigo.... . . Present
ng aming pakikipagtunggali sa masalimuot at mapa- Calderon
Present
nganib na kalagayan, hindi lamang ng aming bayan, Absent

Present Rosales . .
kundi ng buong daigdig at ituro Mo sa amin ang tumpak Colayco

Present
Concepcion .... Present* Sarmiento . . . . .
na landas na aming daraanan upang makasapit sa dalam- Suarez Present

Davide Present . .
pasigan ng tagumpay; Present

Poz Present Sumulong . . . . .
Itulot Mo rin, Mahal na Bathala, na ang mabalangkas Garcia Present Tadeo . . Present
namin ay ang Saligang Batas na tunay na tutugon sa

Gascon Present Tan . . Present
adhikain, pangarap at simulain ng aming lahi; Tingson . . . Absent

Guingona Present . . .
Trefias Present
Panginoon, wala kaming magagawa kung sa aming Jamir Present
Present
sarili lamang, nguni’t sa patnubay Mo, Bathalang Maka- Laurel Present Uka .
Villacorta . . Present
pangyarihan, wala kaming pagkabigo; Lerum Present* . .
Villega,s . Present
Maambong .... Present
Panginoon, sa panahong ito na marami pang kagulu-
tuhod naming Monsod Present
han, kagalitan at himagsikan, tiklop

The President is present. Introduced by Hon. Natividad, Ople, Maambong

and de los Reyes, Jr.
a quorum. Proposed Resolution No. 432, entitled:
RESOLUTION LIMITING THE PRACTICE OF ANY PRO-

APPROVAL OF JOURNAL FESSION TO FILIPINO CITIZENS SAVE IN CASES OF
RECIPROCITY TO ALIENS OF ANOTHER COUNTRY
MS. AQUINO. Madam President, I move to dispense UNDER CONDITIONS PRESCRIBED BY LAW.
with the reading of the Journal of the previous session
and that we approve the same. Introduced by Hon. Maambong, Ople, Natividad and
de los Reyes, Jr.
THE PRESIDENT. Is there any objection? (Silence) To the Committee on the National Economy and
The Chair hears none; the motion is approved. Patrimony.
MS. AQUINO. Madam President, I move that we Proposed Resolution No. 433, entitled:
RESOLUTION TO LIMIT THE TERM OF THE PRESIDENT
THE PRESIDENT. Is there any objection? (Silence) TO SIX (6) YEARS WITHOUT REELECTION.
The Chair hears none; the motion is approved. Introduced by Hon. Rama.
The Secretary-General will read the Reference of To the Committee on the Executive.
Business.

REFERENCE OF BUSINESS RESOLUTION TO INCORPORATE IN THE ARTICLE ON
The Secretary-General read the following Proposed SOCIAL JUSTICE A PROVISION PROVIDING BASIC
Resolutions on First Reading, Communications and CONSUMER RIGHTS TO ALL CITIZENS.
Committee Reports, the President making the corre- Introduced by Hon. Rigos.
sponding references:
RESOLUTION TO INCORPORATE IN THE ARTICLE ON RESOLUTION TO INCORPORATE IN THE NEW CONSTI-

TRANSITORY PROVISIONS A PROVISION FOR THE TUTION A PROVISION ON THE NATIONAL NAME,
EXPROPRIATION OF ALL AGRICULTURAL AND ANTHEM AND SEAL.
NONAGRICULTURAL LANDS FRAUDULENTLY AC- Introduced by Hon. Rosario Braid, Maambong, Uka
QUIRED BY GOVERNMENT OFFICIALS AND THEIR and Rigos.
CRONIES AND IMMEDIATE SUBJECTION OF THE
SAME TO URBAN AND RURAL LAND REFORM.
Introduced by Hon. Suarez, Tadeo and Sarmiento. Proposed Resolution No. 437, entitled:
RESOLUTION PROPOSING FOR THE INCLUSION OF A
PROVISION ON THE DECLARATION OF PRINCIPLES
AND STATE POLICIES IN THE NEW CONSTITUTION.
RESOLUTION TERMINATING THE MILITARY BASES Introduced by Hon. Tingson.
AGREEMENT BY 1991.
Introduced by Hon. Ople, Maambong, Natividad,
de los Reyes, Jr., Bengzon, Jr., Romulo, Calderon,
Rigos, Trenas, Uka, Jamir and Lerum.
RESOLUTION INCORPORATING IN THE CONSTITUTION
PROVISIONS ENSURING REMEDIES FOR VIO-
LATIONS OF RIGHTS.
RESOLUTION PROVIDING IN THE NEW CONSTITU-
Introduced by Hon. Aquino.
TION IN THE NEW ARTICLE ON SOCIAL JUSTICE
THAT AS A RESTITUTION, THE VICTIMS OF CRIMES To the Committee on Citizenship, Bill of Rights,
BE GIVEN A SHARE OF FINES PAID IN COURT BY Political Rights and Obligations and Human
CONVICTED CRIMINALS. Rights.
Proposed Resolution No. 439, entitled: To the Committee on the Judiciary.

RESOLUTION TO FURTHER STRENGTHEN THE BILL
Letter from Concerned Churches for Christian Liberty
OF RIGHTS BY INCORPORATING IN THE NEW
signed by Bro. Joseph L. Genato, submitting a reso-
CONSTITUTION A PROVISION PROHIBITING THE
lution proposing a provision recognizing the funda-
INFLICTION OF TORTURE AND THE IMPOSITION OF
mental right, responsibility and authority of the home
OTHER CRUEL OR INHUMAN TREATMENT ON CON-
and the church in the education of our children.
VICTS.
of 1986)
Human Resources.
To the Committee on
Political Rights and Obligations and Human
Rights.
Letter from Mr. Paterno D. Menzon of Labor Advisory
Proposed Resolution No. 442, entitled: Consultative Council (LAAC), submitting a resolution
proposing to make the teaching of work ethic, philo-
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- of
sophy and labor unionism compulsory in all levels
TUTION AN ARTICLE ENTITLED “EDUCATION,
the educational system.
ARTS AND CULTURE, COMMUNICATION, SCIENCE
AND TECHNOLOGY.” (Communication No. 139 - Constitutional Commission
of 1986)
Corporation
Proposed Resolution No. 443, entitled: Letter from Investments and Management
signed by Mr. Luis F. Sison,
submitting a proposed
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Constitution on
TUTION AN ARTICLE ALLOWING FOR THE RE- provision in the Bill of Rights of the
ELECTION OF THE INCUMBENT PRESIDENT AND the right of self-defense.
VICE-PRESIDENT BUT DISALLOWING THEM TO (Communication No. 140 — Constitutional Commission
SERVE FOR MORE THAN EIGHT CONSECUTIVE of 1986)
YEARS. Bill of Rights, Poli-
To the Committee on Citizenship,
Introduced by Hon. Guingona. tical Rights and Obligations
and Human Rights.

Letter from Mr. N.B. Imperial
of the Department of
Provisions.
Education, University
Comparative and International
provisions on local
Proposed Resolution No. 444, entitled: of London, enclosing proposed
governments and education, among others.
TUTION PROVISIONS THAT WOULD DISALLOW
DUAL CITIZENSHIP IN CERTAIN CASES. of 1986)
Introduced by Hon. Guingona. To the Steering Committee.

Parishioners
Political Rights and Obligations and Human Letter from Concerned
Parish Quezon City, signed by Mrs. Ester V. Sal
Rights.
proposing the inclusion of
and twenty-seven others,
the Filipino famdy.
COMMUNICATIONS provisions on the stabUity of
Letter from the Consumers Groups signed by Ms. Ze-
of 1986)
naida S. Reyes, forwarding two resolutions providing for National Territory, and
consumer protection. To the Committee on Preamble,
of 1 986) propping
f
imunication from '7
To the Committee on Preamble, National Territory, and f
rjr^P— ,Te Batasan Members
local elections.
ted in 1984 and on
Resolution No. ECVII-86-12 of the Executive Commit-
tee of the Integrated Bar of the Philippines, proposing mmunication No. 143 - Constitutional Commission
the creation of an independent Commission of Justice. 986)
Transitory
(Communication No. 137 — Constitutional Commission the Committee on Amendments and
of 1986) nsions.
Letter from the National Secretariat of Social Action, SUSPENSION OF SESSION

Justice and Peace of the Catholic Bishops’ Conference
of the Philippines signed by Monsignor Antonio T. THE PRESIDENT. The session is suspended.
Fortich presenting its position on the US military bases It was 3:06 p.m.
in the Philippines, land reform and rights of indigenous
peoples.
of 1986) At 3:08 p.m., the session was resumed with the
Honorable Rustico F. de los Reyes, Jr. presiding.
Letter from Mr. Abolais Batauas Deca of the Society of

THE PRESIDING OFFICER (Mr. de los Reyes).
The session is resumed.
Educators for Educational Development, Marawi City,
requesting the consideration of the Muslims’ demand
for local autonomy. CONSIDERATION OF PROPOSED
(Communication No. 145 — Constitutional Commission RESOLUTION NO. 7
of 1986) (Article on Citizenship)
Continuation
PERIOD OF AMENDMENTS
COMMITTEE REPORTS
Committee Report No. 13 on Proposed Resolution No. MS. AQUINO. Mr. Presiding Officer, the parlia-
440, prepared by the Committee on the Executive, mentary situation is that we are in the consideration
entitled: of Committee Report No. 4 on Second Reading. I move
that we continue the period of amendments.
RESOLUTION PROVIDING FOR THE ELECTION OF THE
PRESIDENT HIS TERM OF OFFICE, THE CANVASSING
OF VOTES BY THE NATIONAL ASSEMBLY AND THE THE PRESIDING OFFICER (Mr. de los Reyes). The
PROCLAMATION OF THE ELECTED WINNER, sponsor of Committee Report No. 4 will please proceed
to the podium for the continuation of the period of
recommending its approval in substitution of Proposed amendments.
Resolution No. 198.
Sponsored by Hon. Sumulong and Maambong. MS. AQUINO. Mr. Presiding Officer, we ask that
To the Steering Committee. Commissioner Ople be recognized to introduce an
amendment.
Committee Report No. 14 on Proposed Resolution No.
441, prepared by the Committee on the Executive, THE PRESIDING OFFICER (Mr. de los Reyes).
entitled: Commissioner Ople is recognized.
RESOLUTION INCORPORATING INTO THE NEW CONSTI-

MR. OPLE. Will the sponsor kindly yield?
TUTION A PROVISION REQUIRING THE CONCUR-
RENCE OF A COMMISSION ON APPOINTMENTS TO
HIGH RANKING POSITIONS IN THE GOVERNMENT, THE PRESIDING OFFICER (Mr. de los Reyes). He
may, if he so desires.
Resolution No. 197.
FR. BERNAS. Very willingly.
Sponsored by Hon. Sumulong and Sarmiento.
To the Steering Committee. MR. OPLE.
Will the Committee entertain an amend-
ment Committee Report No. 4 in the form of a new
to
Committee Report No. 15 on Proposed Resolution No. section which will read as follows: DUAL ALLE-
445, prepared by the Committee on General Provisions, GIANCE IS INIMICAL TO CITIZENSHIP AND SHALL
entitled: BE DEALT WITH ACCORDING TO LAW.
RESOLUTION TO RETAIN IN THE NEW CONSTITUTION May I explain, Mr. Presiding Officer, the reason for
ARTICLE XV, SECTION OF THE 1973 CONSTITU-

1
this proposed amendment?
TION,
approval in substitution of Proposed
recommending its
Commissioner Ople may proceed.
Resolution No. 97.
Sponsored by Hon. Rosario Braid, Rigos and Maam- MR. OPLE. In the course of the freewheeling debate,
bong. I put the question of whether or not the amendment
To the Steering Committee. on dual allegiance could be in time received or wel-
corned by the Committee on Citizenship. The candid MICAL TO CITIZENSHIP AND SHALL BE DEALT
answer then was that this would not exactly dismay WITH ACCORDING TO LAW.
the Committee.
I amaware, Mr. Presiding Officer, that the Commit- THE PRESIDING OFFICER (Mr. de los Reyes).
tee’s attitude towards amendments concerning double
What, is the reaction of the sponsor?
citizenship, in particular, has not been very hospitable
during the past couple of days. I want to draw attention FR. BERNAS. May I preface my reply with certain
to the fact that dual allegiance is not dual citizenship. remarks, Mr. Presiding Officer.
I have circulated a memorandum to the Bernas Com-
mittee according to which a dual allegiance — and I THE PRESIDING OFFICER (Mr. de los Reyes). The
reiterate a dual allegiance — is larger and more threaten- Gentleman may proceed.
ing than that of mere double citizenship which is seldom
intentional and, perhaps, never insidious. That is often FR. BERNAS. quite agree that dual allegiance is a
I
a function of the accident of mixed marriages or of concept distinct from dual citizenship. I do not think
birth on foreign soU. And so, I do not question double that there is any debate about that. I am also in agree-
citizenship at all. ment with the patriotic and nationalistic spirit in which
What we would like the Committee to consider is to the amendment is being proposed. So, basically the
take constitutional cognizance of the problem of dual problem we have here is whether this provision should
or not.
allegiance. For example, we all know what happens be explicitly incorporated in the Constitution
not had the opportunity to dis-
in the triennial elections of the Federation of Filipino- The Committee has
will be spoken
Chinese Chambers of Commerce which consists of cuss this matter, so, whatever I say here
position have constant-
in my name. I would prefer the
I
about 600 chapters all over the country. There is a can be dealt
these
ly maintained here, that matters
like
Peking ticket, as well as a Taipei ticket. Not widely
with by ordinary legislation. And when
I say this, I
known is the fact that the Filipino-Chinese community Committee on me
is represented in the Legislative Yuan of the Republic say it as a vote of confidence in the
will be a e
of China in Taiwan. And until recently, the sponsor Legislative, trusting that the Committee
create a legislative
might recall, in Mainland China in the People’s Republic to formulate a provision which will
nationalistic as this
body as patriotic and as
of China, they have the Associated Legislative Council quite capable
for overseas Chinese wherein all of Southeast Asia Commission, if not more so, and therefore
including some European and Latin countries were of dealing with these problems.
represented, which they dissolved after several years On these premises, I would prefer
I would submit the
because of diplomatic frictions. At that time, the Fili- be relegated to ordinary legislation.
pino-Chinese were also represented in that Overseas mattpr to a vote bv the body.
Council.
de los Reyes).
When speak of double allegiance, therefore, I speak
I THE PRESIDING OFFICER (Mr.
have anythmg
of this unsettled kind of allegiance of Filipinos, of Does the proponent of the amendment
citizens who are already Filipinos but who, by their else to say?
acts, may be said to be bound by a second allegiance,
either to Peking or Taiwan. I also took close note of the Presiding Officer.
MR. NOLLEDO. Mr.
concern expressed by some Commissioners yesterday,
including Commissioner Villacorta, who were concerned de los Reyes).
about the lack of guarantees of thorough assimilation, THE PRESIDING OFFICER (Mr.
Commissioner Nolledo is recognized.
and especially Commissioner Concepcion who has
always been worried about minority claims on our
I wouM like
natural resources. MR NOLLEDO. Mr. Presiding Officer,
will yield to interpel-
Dual allegiance can actually siphon scarce national ask Commissioner Ople if he
capital to Taiwan, Singapore, China or Malaysia, and
this already happening. Some of the great commercial
is
de los Reyes).
places in downtown Taipei are Filipino-owned, owned THE PRESIDING OFFICER (Mr.
he so desires.
by Filipino-Chinese — it is of common knowledge in Commissioner Ople may yield, if
Manila. It can mean a tragic capital outflow when we

Officer.
have to endure a capital famine which also means eco- MR. OPLE. Very gladly, Mr. Presiding
nomic stagnation, worsening unemployment and social

Ople’s
unrest. NOLLEDO. Commissioner
conteniplate^
And so, this is exactly what we ask — that the Com- ment may cover the situation
mittee kindly consider incorporating a new section, issioner Villacorta on Am
Filipmo culture.
probably Section 5, in the Article on Citizenship which s into the mainstream of
will read as follows: DUAL ALLEGIANCE IS INI-
MR. OPLE.
Yes, because this mandate of the Consti- the proponents want to convey in proportion to the
which will be binding on a future legislature, will
tution, seriousness of this problem as perceived by many peo-
help arrest what they call a centrifugal pull of a second ple today.
allegiance for, let us say, overseas Chinese already en-
joying Filipino citizenship, and to that extent, there- MR. NOLLEDO. Thank you. Commissioner Ople.
fore, they can be better directed to measures that will
assimilate them as real citizens quite apart from the MR. OPLE. Thank you.
formality of citizenship of the Philippines.
MR. SARMIENTO. Mr. Presiding Officer.
MR. NOLLEDO. And the Gentleman said that dual
citizenship different and apart from dual allegiance?
is
Commissioner Sarmiento is recognized.
MR. OPLE. Yes.
MR. SARMIENTO. May I address a few questions to

MR. NOLLEDO. So, could the Gentleman make a
Commissioner Ople.
distinction between citizenship and allegiance?
MR. OPLE. Double citizenship does not reflect

on
the motives of citizens enjoying double citizenship. As
Commissioner Ople may yield, if he so desires.
I said, this is largely a function of accident of mixed

marriages or of birth on foreign soil. But in the case of
MR. OPLE. Very gladly.
dual allegiance, we presume a situation where the

Chinese have already been naturalized over the objec-
MR. SARMIENTO. Commissioner Ople, I believe
that this proposal was animated by a desire to protect
tion of Chief Justice Concepcion and yet they con-
our national interest. Is that correct?
tinued to manifest, let us say, an extra allegiance either
to Peking or Taipei.
MR. OPLE. Yes, I think that is the sole reason for
have cited some examples which I can augment,
I this amendment.
if time is available, showing how dual allegiance has
been exercised. MR. SARMIENTO. As a matter of fact, the Gentle-
man stated all the reasons in this memorandum for the
MR. NOLLEDO. I would like to be clarified on the Bernas Committee.
words “shall be dealt with by law.” Is the Gentleman
talking of or contemplating prohibitions or regulation? MR. OPLE. Yes, I did.
MR. OPLE. Dual allegiance, I think, has been a rela- MR. SARMIENTO. So, the Gentleman will agree with
tively unexplored problem up to now. I do not think me that dual allegiance is inconsistent with or repug-
researchers, whether legal or sociological, have paid real nant to the national interest.
attention to this problem of dual allegiance. But at the
level of the common people the perception is already MR. OPLE. Yes, yes, it is repugnant to the national
very keen. This has emerged as a problem of very interest.
great implication for our country, our dignity, sove-
reignty and security, and that is the reason I have asked MR. SARMIENTO. Will Commissioner Ople agree with
the Committee — as an exception to their repugnance me that instead of using the words “obnoxious to citi-
to amendments of this nature — to receive this amend- zenship,” we use the words “obnoxious to NATIONAL
ment because then it cannot be said that we turned our INTEREST.”
backs on a problem that the common people of this
generation of Filipinos have already perceived to be a MR. OPLE. I will have no objection to that, Mr.
major problem requiring the attention of the Constitu- Presiding Officer.
tional Commission.
MR. SARMIENTO. Thank you, Mr. Presiding Officer.
MR. NOLLEDO. Without attempting to amend the
Gentleman’s amendment, would he agree if I suggest
that the read as follows: THE
amendment should THE PRESIDING OFFICER (Mr. de los Reyes). Does
LEGISLATURE SHALL BY LAW PROHIBIT OR RE- the sponsor have anything else to add to what the
GULATE DUAL ALLEGIANCE. Commissioner said before?
MR. OPLE. The substance is there, but I am sorry FR. BERNAS. We will just reiterate our position that
to say that my original formulation might be a little we prefer to leave this matter to ordinary legislation
bit more startling, but which is the effect that under Section 3 and under a general police power of the
legislature which governs not only citizenship but also every October on the occasion of the Double Ten, very
matters of allegiance quite apart from citizenship. So, considerable delegations of Filip ino-Chinese go to
we will just throw the matter to the body for decision. Taipei. According to some witnesses who had been
there — and this is also a matter of common know-
MR. OPLE. Mr. Presiding Officer, as amended by ledge — when the oath of allegiance was administered,
previous speakers including Commissioners Sarmiento a good number of these Filipino-Chinese, maybe in
and Nolledo, this proposed amendment would now the hope that they would not be found out, also raised
read:DUAL ALLEGIANCE IS OBNOXIOUS TO THE their hands. I already spoke of this very remarkable
NATIONAL INTEREST AND SHALL BE DEALT phenomenon where the Filipino-Chinese in the Philip-
WITH ACCORDING TO LAW. pines were represented in the Legislative Yuan in
Taiwan. I have also referred to the fact that until re-
MR. MAAMBONG. Mr. Presiding Officer. cently the Overseas Chinese Council, an associate
legislative body, functioned in Peking and the Filipino-
THE PRESIDING OFFICER (Mr. de los Reyes). Chinese were also represented there, together with the
Commissioner Maambong is recognized. other Chinese overseas communities in Southeast Asia.
These common-knowledge practices raised a question
MR. MAAMBONG. Point of parliamentary inquiry. of dual allegiance. I am not speaking of dual citizen-
ship, but of a situation where Chinese naturalized as
THE PRESIDING OFFICER (Mr. de los Reyes). Filipinos seem to continue to subscribe to another
The Commissioner may proceed. allegiance than that required by their Filipino citizen-
ship.
MR. MAAMBONG. In the assumption that the

proposed amendment will be put to a vote, does it mean MS. AQUINO. Mr. Presiding Officer, the proponent
the sponsor is prepared to abide by the result of the of the amendment seems to classify dual allegiance as
prohibited
vote, considering his prefatory statement that he has not a mala in se. It is an act that is by itself
without requiring a law. Is that the intention of the
consulted the Committee on this matter?
proponent?
that, plus my submission that
What does the sponsor say? MR. OPLE. Yes, it is
problem o
as a political and sociological problem, the
explore an
FR. BERNAS. If this is voted upon and accepted dual allegiance has not been sufficiently
socially com
by the body, then I take that as binding on the Com- investigated, maybe because it is not
^
mittee. fortable and convenient to look into this
That the problem exists is, however,
acknowledged by
many people, and I really see no reason why t e
om
MR. MAAMBONG. Thank you, Mr. Presiding Officer.
an excep ion
I thank the sponsor. mittee on Citizenship should not make
of this proposed amendment and consider
in the Article on
iizen
MS. AQUINO. Mr. Presiding Officer. elusion as a separate section
think is a
ship since does address what many people
it
for our sove
THE PRESIDING OFFICER (Mr. de los Reyes). Yes, fundamental problem with implications
reignty and security at this time.
Commissioner Aquino is recognized.
it is the
MS. AQUINO. May I be allowed to interpellate MS. AQUINO. Mr. Presiding Officer, if
dual a egiance
Commissioner Ople? intention of the proponent to classify
almost like a crime, as apparently the inten
it is
o m^
su jec
THE PRESIDING OFFICER (Mr. de los Reyes). his proposal, would it not belong, as a proper ,
Commissioner Ople may yield, if he so desires. to the domain of the legislature?
MR. OPLE. I gladly yield to the Lady. MR. OPLE. Yes, actually, it is a mandate on future
see
with this problem as they
i
legislatures to deal
MS. AQUINO. Commissioner Ople seems to impress
Officer.
upon us that dual allegiance is a sinister problem. MS. AQUINO. Thank you, Mr. Presiding
May weask what the specific operative acts are that
MR. VILLACORTA. Mr. Presiding Officer.
would amount to dual allegiance which may merit the
Commission’s attention for them to be placed in the
draft? MR. REGALADO. Mr. Presiding Officer.
we can THE PRESIDING OFFICER (Mr. de los Reyes).

MR. OPLE. Yes, I believe that on this occasion
common knowledge that Commissioner Villacorta is recognized.
take cognizance of what is
MR. VILLACORTA. Mr. Presiding Officer, I would of dual allegiance, there are operative acts, as Commis-
like to ask the proponent. Commissioner Ople, a ques- sioner Aquino has stated, which have to be studied to
tion. determine whether these acts are, in effect, a mani-
festation of loyalty or preference for a particular
THE PRESIDING OFFICER (Mr. de los Reyes). country?
MR. OPLE. That is the reason we are calling on a
MR. OPLE. Yes, very gladly, Mr. Presiding Officer. future legislature to study this problem further and to
deal with it in accordance with law and with the na-
MR. VILLACORTA. I would like to know whether tional interest in mind.
this amendment is also addressed to natural-born Fili-
pinos with dual allegiance. There are Filipinos who
espouse statehood. Would they be included in
MR. REGALADO. Mr. Presiding Officer, we are
the
asked consider a constitutional provision which
to
intention of the Commissioner’s amendment?
involves the phrase “dual allegiance,” the particular
facts, causative effects and motivation of which I
MR. OPLE. It does not really extend the definition assume the Members of the Commission are not yet in
to its farthest limits, Mr. Presiding Officer, but if these a position to consider for lack of any legislative criteria
are natural-born Filipinos who espouse statehood, I or empirical data.
think there should be a presumption in favor of good
faith, which means that if one enters another domain
MR. OPLE. I have given some examples, Mr. Presiding
of values which is a plurality of beliefs and, perhaps,
Officer.
freedom of speech and freedom of expression but where
dual allegiance is detected by a future legislature to be
MR. REGALADO. Commissioner Ople has men-
embraced in a future definition of what constitutes dual
tioned the Chinese naturalized as Filipino citizens who
allegiance, then I will not say that these natural-born
go to Taipei on the occasion of the Double Ten, which
Filipinos will be entirely excluded from the ambit of
to them is a major political event. We also have Filipinos
dual allegiance. But as I said, it will be taking the
abroad who are naturalized American citizens but who
definition to its farthest limits.
are also extremely concerned with certain major poli-
tical events in the Philippines. If they should come here
MR. VILLACORTA. I see. In that case, I fully sup- regularly for that purpose, for instance on June 12,
port this amendment.
and because the Filipino blood still runs in their veins,
Thank you. would that also be, in effect, or in pari materia, the
same consideration that we would call dual allegiance?
MR. OPLE. I do not know how American law would
THE PRESIDING OFFICER (Mr. de los Reyes). construe that. But I think if we reverse the example
Commissioner Regalado is recognized, after which Com- where Filipino-Chinese join in the mass oath-taking
missioners Guingona, Rodrigo and Monsod will follow. and pledge of allegiance in Taipei on the occasion of
the Double Ten, which is equivalent to Filipinos natural-
MR. REGALADO. Mr. Presiding Officer, will the ized as American citizens who swear allegiance to the
proponent of the amendment clarify a few questions. United States, then that would be one of the acts, I
suppose, that could be encompassed by the phrase
MR. OPLE. Very willingly, Mr. Presiding Officer. “dual allegiance.” But I have been very candid from
the beginning that this proposed amendment was
MR. REGALADO. The Commissioner has stated inspired by a now general perception in our country
that insofar as the concept of dual citizenship is con- that some of the Chinese we have naturalized continue
cerned, that seems to be settled because it is a matter to show an unsettled kind of sentiment about this
of political law and cognizance, but the matter of dual country that they continue to manifest in several
allegiance, as the Commissioner said, has not even been ways what appears to be a second allegiance to another
carefully considered either from the legal, sociological, country close to them by history and by consanguinity.
psychological or psychiatric aspect. Did I get him This is exactly what we hope is a very real problem this
correctly? proposed amendment seeks to address through a consti-
tutional provision.
MR. OPLE. Yes, not to the farthest extent that the
importance of the problem deserves, Mr. Presiding MR. REGALADO. Would the Commissioner, there-
Officer. fore, be more prone to underscore the concept of dual
allegiance from the standpoint of a manifestation of
MR. REGALADO. And did I get the Commissioner political rather than of economic allegiance to another
correctly that this is also to mean that when we speak country?
MR. OPLE. Political allegiance is broad enough to THE PRESIDING OFFICER (Mr. de los Reyes).
accommodate the economic aspect. I speak in this Commissioner Guingona is recognized.
memorandum to the Bernas Committee of the fact that
some of the commercial places in Taipei, including the MR. GUINGONA. Thank you, Mr. Presiding Officer.
world’s biggest hotel, are already owned by Filipinos of The honorable Members of this Commission know that
previous Chinese citizenship. If a future assembly in- I have expressed a strong stand against dual citizenship.
vestigate this phenomenon, then, I would discover I would just like to make one comment.
interesting facts about dual allegiance which is exactly
what we hope to put under constitutional and legislative THE PRESIDING OFFICER (Mr. de los Reyes).
control through this proposed amendment. Commissioner Guingona may please proceed.
MR. GUINGONA. The primary concern this time is

MR. REGALADO. Since the sponsor of this resolu-
the ill effects that might be brought about by dual
tion opts to have this the subject of ordinary legislation
allegiance, therefore, I strongly support the proposed
instead of to take official cognizance of this matter
and try to vote for a conclusion on the basis of un- amendment of Honorable Bias Ople. This is a minor
known premises, would it not be better instead — and point but I wonder if the Commissioner is willing to
I am sure the members of our future legislature will have
change the word “obnoxious” to INCONSISTENT
by themselves taken cognizance of our concern ex- WITH.
pressed here on this floor if we — trust in their sagacity
to take it upon themselves to make a legislative study MR. OPLE. So, “DUAL ALLE-
it would read:
on the matter because then they have more facilities, GIANCE IS INCONSISTENT WITH THE NATIONAL
INTEREST.” The Commissioner’s original proposal
more time and more data they could collate?
was to change it to “INIMICAL.”-
MR. OPLE. Mr. Presiding Officer, we are not pre-
empting the future legislature; we are merely giving MR. GUINGONA. I hear a lot of my fellow Com-
them a mandate. It is the task of a constitution to missioners use the word “inimical,” so, I would change
send mandates for the future and I think this issue is my amendment to INIMICAL.
important enough to be a subject of one of those man-
dates. MR. OPLE. So, it will now read: “DUAL ALLE-
JIANCE IS INIMICAL TO THE N^TION^^
IN-
MR. REGALADO. Will the Commissioner recom- :'EREST AND SHALL BE DEALT WITH ACCORD-
legislative body eventually T A \XT
mend that if the future
comes up with what it conceives as the proper con-
ception of dual allegiance, that fact would also be a THE PRESIDING OFFICER (Mr. de los Reyes).
sufficient ground to divest that naturalized Filipino Commissioner Rodrigo is recognized.
citizen of his citizenship?
MR. RODRIGO. Mr. Presiding Officer, I would like
to ask a few questions. I observe that
the issue between
MR. OPLE. I do not want preempt the wisdom
to
clear-cut. It seems
of future legislatures. In effect, what we merely see is the sponsor and the proponent is not
consider dual
not to settle this problem now because we are humble that both the sponsor and the proponent
ask the sponsor sue is
and realistic enough to admit that this is a great pro- allegiance undesirable. May I
i
blem, and our knowledge about it is fairly limited and his stand?
circumscribed. So, we are content to see constitutional

FR. BERNAS. Yes, I said that.
cognizance of the problem and would like future law-
makers to address the implementation. MR. RODRIGO. And, of course, I do not have to
t is un
c the proponent that he also considers
MR. REGALADO. I will rephrase my question.
wants this matter left to ordinary
sirable. The sponsor
The Commissioner matter of dual allegiance de
the proponent also wants
said this it
'islation. And
is one of extreme gravity. Will he agree to the propo- legislation.
th by law”; so, it is also by ordinary
sition that a recommendation be made to the future
at correct?
legislature that an act of dual allegiance by a naturalized
Filipino citizen will be a ground for his denaturaliza- MR. OPLE. Yes, Mr. Presiding Officer.
tion?
MR. RODRIGO. the So, what is
the proponen
Yes, that would probably make this stand of the sponsor and
.
MR. OPLE. 3
citizenship provision more meaningful, but I am afraid last my vote, I would like to know just w a
it will increase the jeopardy for this amendment in the ence is.
hands of the Bernas Committee. Reyes),

THE PRESIDING OFFICER (Mr. de los
is addresse
ly we know to whom the question
.
MR. REGALADO. Thank you, Mr. Presiding Officer.

MR. OPLE. I think the sponsor wants to be fair to promotes, cultivates or manifests dual allegiance is
all those he turned down yesterday by also turning obnoxious.
down this amendment.
MR. OPLE. Yes, obnoxious, pernicious, repugnant,
FR. BERNAS. The only difference is this: The spon- inimical, offensive.
sor feels that it is unnecessary to state this that with or
without is a mandate for the legislature to
this there MR. MONSOD. Will the presence of such a provision
attend to it, and also he would like to make a vote of in our Constitution be an inhibiting provision, or will
confidence in favor of the legislative committee, trusting it prohibit us from trying to attract our balikbayans
that it will be able to structure a legislature as na- back who have acquired American citizenship to re-
tionalistic and as patriotic, if not more so, as this body invest and reestablish their linkages with their former
that will attend to this. country?
There is another point: The proponent of the
also
amendment does not seem to link allegiance with citi- MR. OPLE. No, Mr. Presiding Officer. As a matter
zenship, because he says that if he links it with citizen- of fact, I recall that during the freewheeling debates
ship the jeopardy in the Bernas Committee increases. under the auspices of the Committee on Citizenship,
Actually, it is the Laurel Committee, not the Bernas I had stressed that very point — that we should make
Committee. Allegiance is either linked with citizenship it as easy as possible for Filipinos, who out of necessity
or it is not. If it is linked with dual citizenship, then it had adopted foreign citizenship but who have shown
is already attended to by our position that dual citizen- contrition in later years, to repossess their birthright
ship be attended to by ordinary legislation. If it is not of Filipino citizenship. I had the assurance of the
linked with citizenship, then it has no place in the sponsor then that that is not a problem because all that
Article on Citizenship. that citizen has to do is to take his oath. But that is not
one of those contingencies foreseen here.
MR. RODRIGO. What does the proponent say to
that? Before I vote, I want to know: Ano ba ang pag- MR. MONSOD. No, Mr. Presiding Officer, I was not
kakaiba? referring to any act that would attract them back to re-
acquire or choose Filipino citizenship. I am referring to
MR. OPLE. This is linked to citizenship in the ori- our own programs of attracting them to invest or to
ginal version before visit, to renew their ties with their former country by
I accepted the Sarmiento amend-
ment. Actually, it reads: “DUAL ALLEGIANCE IS
which acts would show, in effect, allegiance to the
OBNOXIOUS TO CITIZENSHIP,” until it was re-
Philippines. My question really is: Will
clarificatory
placed by “NATIONAL INTEREST.” We speak of a this provision now prohibit us, as a matter of principle,
problem that in order to understand its importance, from instituting programs such as these?
we really should locate it in the area of citizenship,
because we generally speak of newly naturalized Fili- MR. OPLE. No, dual allegiance is involved in that
pinos who continue to manifest dual allegiance. Al- case, according to the concept of the proposed amend-
though we cannot be too detailed in a constitutional ment, Mr. Presiding Officer.
provision, that is in the immediate as well as in the
distant background of this proposed amendment, Mr. MR. MONSOD. Thank you.
Presiding Officer. So it is linked to citizenship.
MS. AQUINO. Mr. Presiding Officer, I ask that Com-
MR. RODRIGO. Thank you. I am still a little con- missioner Bacani be recognized.
fused.
MR. MONSOD. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. de los Reyes). BISHOP BACANI. Will Commissioner Ople yield
Commissioner Monsod is recognized. to two questions?
MR. MONSOD. Will the honorable Commissioner

yield to a few questions?

MR. OPLE. Very gladly.
MR. OPLE. Gladly, Mr. Presiding Officer. BISHOP BACANI. Mr. Presiding Officer, does citi-
zenship always include allegiance?

MR. MONSOD. assume that when we say “dual
I
allegiance is obnoxious to citizenship,” any act that MR. OPLE. Yes.

BISHOP BACANI. Therefore, if we have dual citizen- MS. AQUINO. Mr. Presiding Officer, may I ask that
ship, we have dual allegiance. Commissioner Villacorta be recognized?
MR. OPLE. Allegiance at the formal level. There is THE PRESIDING OFFICER (Mr. de los Reyes).
another allegiance at an inner and deeper level — for- Commissioner Villacorta is recognized.
mality versus the authentic sentiment of the citizen.
I said that dual citizenship is a formality; I am not MR. VILLACORTA. Mr. Presiding Officer, may I
disturbed by it. It is often a function of an accident, address a question to Commissioner Bernas first and
say, a mixed marriage, or birth in a foreign soil. There to Commissioner Ople later?
is nothing insidious in it; there is nothing in it that

threatens national security or sovereignty. THE PRESIDING OFFICER (Mr. de los Reyes).
Yes, please proceed.
BISHOP BACANI. Yes, but
if every citizenship in-
cludes allegiance, if we deny dual allegiance, we also MR. VILLACORTA. In the 1973 Constitution, there
deny dual citizenship. Is this not yet foreclosed by the is an Article on Duties and Obligations of Citizens. Is
interpretation of Section 2? that within the purview of the Committee as well?
MR. OPLE. Actually, I think the future legislature FR. BERNAS. It is within the purview of the Com-
that will deal with this problem of dual allegiance will mittee.
address many specific borderline cases, and all I am
saying is there is no necessary correlation between MR. VILLACORTA. I see, thank you.
dual allegiance and dual citizenship.
May I address my question to Commissioner Ople?
In dual allegiance, there can be malice, or an insidious
threat to our sovereignty and security. But in dual MR. OPLE. Yes.
citizenship, especially for those Filipinos born in Ame-
rican soil and have become American citizens as a con- I fully support
said while
MR. VILLACORTA. As I
sequence thereof, I will not read any embarrassment of the amendment, does not the sponsor think th^ this
a dual allegiance in that situation. I think dual al- the Article on Duties
amendment properly belongs to
the relevant
legiance, as interpreted in this amendment, refers to and Obligations of Citizens? May I read
more insidious acts than merely the accident — whether section:
welcome or unwelcome — of a dual citizenship occur- loyal to the
It be the duty of the citizen to be
shall
ring out of mixed marriages or birth in a foreign soil. to defend the
Republic and to honor the Philippine Hag,
State and contribute to development and welfare, to
its
BISHOP BACANI. At any rate, if it isformal al-
uphold the Constitution and obey the laws,
and to co-
legiance, I wonder whether or not we could really in the attain-
operate with the duly constituted authorities
regulate that by law because we are making that dis- society.
ment and preservation of a just and orderly
tinction.
Cannot the Gentleman’s amendment be incorporated
in this section?
MR. OPLE. think that part of it will have to be
I
treated as an exceptional case, where Filipino children

born in the United States, for example, because of the
jus soli doctrine there, have to grow up having, in ef-
a linkage to the
fect, dual citizenship, although upon the attainment Iappreciate that there is indeed
but wou
of maturity, that dilemma, if dual allegiance exists, )bligations and duties of citizenship,
the Article on.îU-
can actually be overcome by election by this particular lot to decouple it right now from
Committee.
person as to whether to become a Filipino or an Ame- ;enship and the jurisdiction of the Bernas
rican citizen.
MR. VILLACORTA. Mr. Presiding Officer, I just
BISHOP BACANI. Just one last question. When the vould like to express my frustration in having to spen
of ®^
Gentleman speaks of dual allegiance, does he mean o much time arguing the importance ^ -
similar constituti
two contradictory allegiances or two complimentary iiance to a country. I wonder if
have o spen
allegiances? naking bodies of other countries would
have to convince our
co-
o much time. Why do we
MR. OPLE. I speak of dual allegiance in a way that
eagues that singular allegiance to the Repu ic o
offensive to the national interest. Therefore, very oi cm-
it is
‘hilippines fundamental as the civil rights
is as
largely it probably would encompass what one may of every citizen
ens? It is part of the obligation
call conflicting allegiances and occasionally sympa- I do not
Know
ender allegiance to only one country.
thetic allegiance also.
vhy we have to argue on this.
BISHOP BACANI. Thank you very much. Thank you.

MS. AQUINO. Mr. Presiding Officer. MR. DAVIDE. Then may I be allowed to explain?
THE PRESIDING OFFICER (Mr. de los Reyes). The SUSPENSION OF SESSION

Acting Floor Leader is recognized.
MS. AQUINO. Since the sponsor did not accept the The Chair suspending the session to give the pro-
is
proposed amendment, and on the observation that there ponent of the amendment and all those who want to
are no other discussants on the proposed amendment, introduce amendments to the amendment time to talk
I move that we proceed to vote on the amendment of
these things over.
Commissioner Ople.
It was 4:01 p.m.
MR. DAVIDE. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. de los Reyes). At 4:02 p.m, the session was resumed.
Commissioner Davide is recognized.
THE PRESIDING OFFICER (Mr. de los Reyes). The
MR. DAVIDE. I still have an amendment to the session is resumed.
proposed amendment, if the proponent will accept.
THE PRESIDING OFFICER MR. OPLE. Mr. Presiding Officer.

(Mr. de los Reyes).
Will the Gentleman please state his amendment to the
proposed amendment? THE PRESIDING OFFICER (Mr. de los Reyes).
MR. DAVIDE. The proposed amendment is, after
“ALLEGIANCE,” insert the words OF CITIZENS, MR. OPLE. With the permission of the sponsor,
then delete “OBNOXIOUS TO CITIZENSHIP,” and in may I read the final text of this proposed amendment,
lieu thereof insert the word PROHIBITED; between as amended, and it reads as follows: “DUAL ALLE-
“WITH” and “BY” on the third line, insert the word GIANCE OF CITIZENS IS INIMICAL TO THE NA-
SEVERELY, so that the entire proposed new section TIONAL INTEREST AND SHALL BE DEALT WITH
“DUAL ALLEGIANCE OF CITIZENS IS
would read: BY LAW.”
PROHIBITED AND SHALL BE DEALT WITH I move for a vote.
SEVERELY BY LAW.”
THE PRESIDING OFFICER (Mr. de los Reyes). Now
What does the proponent of the amendment say? that the amendment has been amended, is the pro-
ponent still insisting on his stand?
MR. OPLE. I accept the first part of the amendment

FR. BERNAS. The position of the proponent is that
and decline the rest.
thisshould be a matter for ordinary legislation and need
With the permission of those who have submitted not be provided for in the Constitution.
their previous amendments and were accepted, the
following is a partial satisfaction of Commissioner THE PRESIDING OFFICER (Mr. de los Reyes). So
Davide’s proposed amendment; “DUAL ALLEGIANCE we put this to a vote.
OF CITIZENS IS PROHIBITED AND SHALL BE
DEALT WITH BY LAW.” FR. BERNAS. Yes.
MR. DAVIDE. As modified by the proponent him-

self, I will accept. But it isunderstood very clearly VOTING
that after “ALLEGIANCE” we have to insert the words THE PRESIDING OFFICER (Mr. de los Reyes).
OF CITIZENS. Those favor of the Ople amendment, as amended,
in
please raise their hand. (Several Members raised their
MR. OPLE. There are some objections from other hand.
Members who have a vested right on amendments
Those against the amendment, please raise their hand.
already approved. They asked why “national interest”
(Few Members raised their hand.)
has disappeared from the text. And, therefore, especial-
ly upon the prompting of Commissioner Nolledo The results show 23 votes in favor and 12 against;
and following what they consider as the trend of general the Ople amendment, as amended, is approved.
advice among kibitzers around me, I am now compelled
to decline the proposed amendment of Commissioner MS. AQUINO. Mr. Presiding Officer, may we ask if
Davide and will adhere to the original amendment, as there are other proponents of amendments to Com-
amended. mittee Report No. 4.
THE PRESIDING OFFICER (Mr. de los Reyes). Who FR. BERNAS. After a good night’s rest, I am pre-
are the other proponents of amendments? Are there pared to entertain the Gentleman’s original amend-
any more? ment.
Commissioner Bacani is recognized to introduce

amendments. Commissioner Trenas will follow.
BISHOP BACANI. May I ask the proponent if he
What is the amendment? Will the Gentleman please
would agree with an amendment which would say at
amendment?
state his
theend: BOTH NATURALIZED AND NATURAL-
BORN CITIZENS SHALL HAVE EQUAL RIGHTS MR. NOLLEDO. May I know the proposed amend-
BEFORE THE LAW. ment, please?
THE PRESIDING OFFICER (Mr. de los Reyes). MR. TRENAS. The proposed amendment on Section
What is the reaction of the sponsor? THOSE BORN BEFORE JANUARY 17,
3 should read:
1973 WHOSE MOTHERS ARE CITIZENS OF THE
FR. BERNAS. This is a matter that was taken up by PHILIPPINES AND UPON REACHING THE AGE OF
the Committee. As a matter of fact, there was a specific MAJORITY ELECT PHILIPPINE CITIZENSHIP.
proposal to this effect. The position of the Committee
is that this is unnecessary because it is established in MR. NOLLEDO. I would like to know the status of
existing jurisprudence that natural-born citizens and children who were bom before January 17,
1973 but
age of majority,
naturalized citizens are to be treated equally except in because they have not yet reached the
citizenship. Are they
those cases where the Constitution itself makes a dis- they have not elected Philippine
tinction. The position of the Committee is that this is covered?
unnecessary; it is adequately covered by the equal
MR. TRENAS. They are covered.
protection clause of the Bill of Rights.
FR. BERNAS. Yes, they are covered.

BISHOP BACANI. Yes, but the intention of the
amendment is that even in those cases which are men- So, they will be considered natural-
MR. NOLLEDO.
tioned by the Constitution, the distinctions would be
bom citizens.
eliminated. The Constitution would not place such
distinctions because they would seem to be classify-
MR. TRENAS. Yes.
ing citizens into first-class and second-class citizens.
unless some-
FR. BERNAS. Yes. So, my position is,
FR. BERNAS. In such a case, therefore, the position to that amendment,
body in my Committee objects
would be that this matter should be taken up when a I would accept the amendment.
distinctionmade is in a specific provision. For instance,
when we come to the Article on the Executive, if the MR. NOLLEDO. Thank you very much.
proponents on the Executive say that a President must
(Mr. de los Reyes). Is
be a natural-born citizen, then that is the time to pro- THE PRESIDING OFFICER
pose the amendment. there any objection? (Silence) The Chair hears none;
the amendment is approved.

BISHOP BACANI. Is it not possible to decide that The Acting Floor Leader is recognized.
matter in advance in this Article?
MS AQUINO. Mr. Presiding Officer, if there are no

FR. BERNAS. prefer not to preempt the the period of
I would other amendments, I move to terminate
other committees.
amendments.
BISHOP BACANI. Thank (Mr. de los Reyes). Is

you. THE PRESIDING OFFICER
(Silence) The Chair hears none;
there any objection?
THE PRESIDING OFFICER (Mr. de los Reyes). Is
the motion is approved.
there any other amendment?
Commissioner Trenas is recognized. APPROVAL OF PROPOSED
RESOLUTION NO. 7 ON SECOND READING
MR. TRENAS. Mr. Presiding Officer, the sponsor
will recall that yesterdayI presented an amendment to
MS. AQUINO. Mr. Presiding Officer, I move

that we
subsection 3 of Section 1 which he asked to be deferred
proceed to vote on Committee Report No. 4, as
pending consideration of Section 4. May I now know
the status of my proposed amendment? amended, on Second Reading.
THE PRESIDING OFFICER (Mr. de los Reyes). Is reported out by the Committee on Amendments and
there any objection? (Silence) The Chair hears none; Transitory Provisions.
the motion is approved.
We shall now vote on the Article on Citizenship. THE PRESIDING OFFICER (Mr. de los Reyes). Is
MS. AQUINO. Mr. Presiding Officer, may we request the motion is approved.
the sponsor to read the entire Article, as amended. Consideration of Proposed Resolution No. 322 is
now in order. With the permission of the body, the
FR. BERNAS. The Article will now read:
Secretary-General will read only the title of the pro-
Article posed resolution without prejudice to inserting in the
Record the whole text thereof.
CITIZENSHIP
Section 1. — The following are citizens of the Philippines: THE SECRETARY-GENERAL. Proposed Resolution
1) Those who are citizens of the Philippines at the time of No. 322, entitled:
the adoption of this Constitution;
RESOLUTION TO INCLUDE IN THE NEW CONSTITUTION
2) Those whose fathers or mothers are citizens of the AN ARTICLE PROVIDING THE PROCEDURE FOR ITS
Philippines;
AMENDMENTS.
3) Those bom before January 17, 1973 of Filipino mo-
thers, who upon reaching the age of majority elect Philippine
citizenship ; and (The following is the whole text of the substitute resolution
4) Those who are naturalized per C.R. No.7.)

in accordance with law.
Section 2. — Citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or omission COMMITTEE REPORT NO. 7
they are deemed, under the law, to have renounced their citizen-
ship. The Committee on Amendments and Transitory Provisions,
Section 3. — Philippine citizenship may be lost or reacquired to which was referred Proposed Resolution No. 148, entitled:
in the manner provided by law. RESOLUTION TO INCLUDE IN THE NEW CONSTITUTION
Section 4. —
Natural-born citizens are those who are citizens AN ARTICLE PROVIDING THE PROCEDURE FOR ITS
of the Philippines from birth without having to perform any AMENDMENTS,
act to acquire or perfect their Philippine citizenship: Provided back to
has considered the same and has the honor to report it
That those who elect Philippine citizenship in accordance with the Constitutional Commission of 1986 with the recom-
Section 1, paragraph 3 above shall also be deemed natural-born mendation that Proposed Resolution No. 322 prepared by the
citizen.
Committee, entitled:
Section 5. — Dual allegiance of citizens is inimical to the RESOLUTION TO INCLUDE IN THE NEW CONSTITUTION
national interest and shall be dealt with by law. AN ARTICLE PROVIDING THE PROCEDURE FOR ITS
AMENDMENTS,
the body now ready to vote? be approved in substitution for Proposed Resolution No. 148,
subject to the reservation that Section 1 of this substitute
(c)
Those in favor of the Article on Citizenship, as
resolution shall only be incorporated if and when Proposed Re-
amended, please raise their hand. (Several Members
solution No. 161 approved by the Committee on Citizenship,
is
raised their hand.)
Bill of Rights, Political Rights and Obligations and Human
Those against, please raise their hand. (Few Members Rights, with the Honorable Suarez, Honorable Jamir, and the
raised their hand.) members of the Committee on Amendments and Transitory
The results show 35 votes in favor and 3 against. Provisions as authors thereof.
Proposed Resolution No. 7, the Article on Citizen-

ship, asamended, is hereby approved. (Applause) (Sgd.) Jose E. Suarez
Chairman
May we know from the Acting Floor Leader what is
Committee on Amendments and
next?
Transitory Provisions
RESOLUTION NO. 322 PROPOSED RESOLUTION NO. 322
(Article on Amendment or Revision) (Substitute Resolution)
PERIOD OF SPONSORSHIP AND DEBATE RESOLUTION TO INCLUDE IN THE NEW CONSTITU-

MS. AQUINO. I move that we consider Committee TION AN ARTICLE PROVIDING THE PROCEDURE
Report No. 7 on Proposed Resolution No. 322 as FOR ITS AMENDMENTS.
Be it resolved by the Constitutional Commission in plenary sideration by the Commission of Committee Report
session assembled^ To incorporate and provide in the new Con- No. 7 concerning the matter of amendment or revision
stitution the following article: to the Constitution. It is proposed that said Article on
Amendment or Revision will read as follows:
ARTICLE Section 1. Any amendment to, or revision of, this Constitu-
AMENDMENT OR REVISION tion may be proposed:
Section 1. Any amendment to, or revision of, this Constitu- (a) by the National Assembly upon a vote of three-fourths
tion may be proposed: of all its members; or
(b) by a constitutional convention; or
(a) by the National Assembly upon a vote of three-fourths
(c) directly by the people themselves thru initiative as
of all its members; or
provided for in Article Section of the Constitu-
(b) by a constitutional convention; or
tion.
(c) directly by the people themselves thru initiative as pro-
vided for in Article Section of the Constitution. Section 2. The National Assembly may, by a vote of two-
thirds of all its Members, call a constitutional convention, or by
Section The National Assembly may, by a vote of two-
2.
a majority vote of all its Members, submit the question of calling
thirds of Members, call a constitutional convention, or by
all its
such a convention to the electorate.
a majority vote of all its Members, submit the question of calling
such a convention to the electorate. Section 3. Any amendment to, or revision of this Constitution
shall be valid when by a mgority of the votes cast in a
ratified
Section 3. Any amendment to, or revision of this Constitution
plebiscite which shall be held not earlier than sixty days and not
shall be valid when ratified by a majority of the votes cast in a
later than ninety days after the approval of such amendment
plebiscite which shall be held not earlier than sixty days and not
or revision.
later than ninety days after the approval of such amendment
or revision.
Mr. Presiding Officer, the proposal is substantially
adopted from the provisions on Amendments appearing
MS. AQUINO. May I request the recognition of the under the 1973 Constitution, and we took into account
sponsor, Commissioner Suarez. also the draft submitted by the scholars of the Univer-
sity of the Philippines, but we introduced one innova-
tive method of amendment and this was sponsored by
SUSPENSION OF SESSION the Honorable Ople. We are referring to the third
THE PRESIDING OFFICER (Mr. de los Reyes). method of amendment by a direct action of the people
The Chair declares a suspension of the session. themselves through the system of initiative.
We would of the Commis-

like to call the attention
It was 4:14 p.m.
sion to Proposed Resolution No. 161 authored by the
Presiding Officer this evening, governing the system of
RESUMPTION OF SESSION recall, initiative and referendum. This has been submit-
At 4:31 p.m., the session was resumed. ted to the Committee on Citizenship, Bill of Rights,
Political Rights and Obligations and Human Rights. So,
THE PRESIDING OFFICER (Mr. de los Reyes). The our innovative method of proposing amendments to the
session is resumed. Constitution by way of initiative necessarily must have
to depend upon the results of the discussions and deli-
MR. RAMA. Mr. Presiding Officer. berations on this Proposed Resolution No. 161.
One ofthe problems met by the Committee is the

THE PRESIDING OFFICER (Mr. de los Reyes). The frequency in the adoption of proposals for the amend-
Floor Leader is recognized. ment of the Constitution as related to the happenings
during the martial law regime. The Members will
recall
MR. RAMA. ask that the sponsor. Commissioner

I that insofar the 1935 Constitution is concerned,
as
that were
Suarez, be recognized. there were only three substantial amendments
introduced up to the year 1971. The first one
was ef-
THE PRESIDING OFFICER (Mr. de los Reyes). The the women
fected sometime in 1937, and that placed
sponsor, Commissioner Suarez, is recognized. macho population when the
on equal terms with the
right of suffrage was extended to women for the first
1940, another amendment

was in-
SPONSORSHIP SPEECH time. And then in
President and
OF COMMISSIONER SUAREZ troduced extending the terms of the
original six-
Vice-President. In other words, from the
MR. SUAREZ. Thank you, Mr. Presiding Officer. year term without reelection, an
amendment was
giving e
introduced, initiated by President Quezon,
t
Ladies and gentlemen of the Constitutional Commis- to one
President a tenure of four years subject
sion, in behalf of the Committee on Amendments and
election, without further reelection after
that. At the
Transitory Provisions, I would like to ask for the con-
same time, a bicameral system of legislature was in- the proposals submitted for the amendment of our
troduced and the independent Commission on Elections Constitution.
was organized and established. The other matter was taken up before the Com-
that
The third amendment of
the 1935 Constitution was mittee was the distinction between the word “revision”
effected sometime in 1946 and it was known as the and “amendment.” Proposals were submitted that
parity rights amendment. However, during the Marcos only the word “amendment” should be used just like
administration, by virtue of Proclamation No. 1102, in the 973 Constitution. In our proposal, this Article
1
the 1973 Constitution was formally adopted as the has been captioned “AMENDMENT OR REVISION.”
Constitution of the country after it was ratified through
the citizens assemblies conducted in the early part of MR. RODRIGO. Mr. Presiding Officer. I am sorry
January. to interrupt.
amendments, a series of amendments, as
Several
a matter of fact, were introduced and ratified by the THE PRESIDING OFFICER (Mr. de los Reyes).
people in the form of citizens assemblies, referenda Commissioner Rodrigo is recognized.
and plebiscites. I think about nine amendments alto-
gether, not more, were introduced during the period
if MR. RODRIGO. May I ask a question?
from 1973 up to 1984. So, the difficulty in preventing
the frequency in proposing amendments to the Consti- MR. SUAREZ. Yes.
tution was resolved by the Committee in the following
manner: by introducing and/or reintroducing the re- MR. RODRIGO. In the report of the Committee,
quirement that the National Assembly can propose an there are two proposed resolutions: Proposed Reso-
amendment to the Constitution by constituting itself lution Nos. 322 and 148.
as a constituent assembly but with a required vote of The sponsor mentioned “initiative” as one of the
three-fourths of all its members. The matter of calling a proposed methods of amending, is that right?
constitutional convention necessitates a vote of two-
thirds of all its members, or alternatively, by a majority MR. SUAREZ. That is right, Mr. Presiding Officer.
vote of all its members, it may submit the question of
calling a constitutional convention to the electorate. MR. RODRIGO. That is in Proposed Resolution No.
We wanted to make the amendment process more dif- 322?
ficult. Thus, we came up with the proposal, in the case
of the method of amendment thru the people’s initiative, MR. SUAREZ. That is right, Mr. Presiding Officer.
a five-year prohibitory period.
The other problem that was before the Committee MR. RODRIGO. But that is not in Proposed Reso-
was lution No. 148?
relative to the use of the terms “election,” “plebis-
cite” or “referendum.” The word “election” was used
under the 1935 Constitution. The word “referendum” MR. SUAREZ. That is correct.
was very much abused during the Marcos regime. It ac-
quired some unsavory connotations. The Committee
MR. RODRIGO. On the other hand, the sponsor is
finally agreed on the use of the term “plebiscite” which

now talking about the time when the plebiscite should
be called.
we feel is more appropriate under the circumstances.
And so, the Members wOl notice that under Section 3,
it is proposed that any amendment or revision to this
MR. SUAREZ. Yes.
Constitution shall be valid when ratified by a majority
of the votes cast in a plebiscite.
MR. RODRIGO. And that is in Proposed Resolution
No. 148, but not in Proposed Resolution No. 322. Does
The other issue resolved was the matter of deter- not the sponsor have a consolidated report of the
mining when the plebiscite should be conducted or Committee?
held. Again, we go back to the incidents which hap-
pened during ’the Marcos regime wherein many pro- MR. SUAREZ. It is consolidated under Proposed
posals to amend such a vital and supreme document Resolution No. 322.
as the Constitution were submitted to the people
without giving them adequate opportunity to study MR. MAAMBONG. Mr. Presiding Officer, may I be
thoroughly and at length said proposals. So, it was pro- recognized.
posed that a period be established as to when the
plebiscite should be held. We came up with the proposal THE PRESIDING OFFICER (Mr. de los Reyes).
that such a plebiscite should be held not earlier than Commissioner Maambong is recognized.
60 days and not later than 90 days after the approval
of such amendment or revision. The obvious purpose MR. MAAMBONG. I would like to raise a point of
is to enable the voting population to study and analyze parliamentary inquiry.
MR. SUAREZ. Yes. Makasiar, wherein he made

the following distinction
between “amendment” and “revision” of an existing
MR. MAAMBONG. Is the sponsorship speech termi- Constitution: “Revision” may involve a rewriting of
nated already? Are we now in the period of interpella- the whole Constitution. On the other hand, the act of
tions? amending a constitution envisages a change of specific
provisions only. The intention of an act to amend is
THE PRESIDING OFFICER (Mr. de los Reyes). The not the change of the entire Constitution, but only the
sponsor agreed to be interpellated in the course of his improvement of specific parts or the addition of pro-
speech, but he is not yet through with his sponsorship. visions deemed essential as a consequence of new condi-
tions or the elimination of ‘parts already considered
MR. SUAREZ. Not yet. I have one more point. obsolete or unresponsive to the needs of the times.
The 1973 Constitution is not a mere amendment to
MR. MAAMBONG. For purposes of orderliness, Mr. the 1935 Constitution. It is a completely new funda-
Presiding Officer, may I suggest that the sponsor be mental Chapter embodying new political, social and
allowed to finish his sponsorship speech and that the economic concepts.
period of interpellations proceed afterwards.
So, the Committee finally came up with the proposal
Thank you. that these two terms should be employed in the formu-
lation of the Article governing amendments or revisions
MR. RODRIGO. Mr. Presiding Officer. to the new Constitution.

MR. RODRIGO. Mr. Presiding Officer.
MR. RODRIGO. I think anybody can interrupt the

sponsor, if he agrees. The reason I interrupted is that I THE PRESIDING OFFICER (Mr. de los Reyes).
got lost while following the sponsorship speech. I can-
not wait until the sponsor is finished because right now
I am at a loss. This is the time to find myself. MR. RODRIGO. Will the Gentleman yield to some
questions?
THE PRESIDING OFFICER (Mr. de los Reyes). Does
Commissioner Suarez want to finish his sponsorship THE PRESIDING OFFICER (Mr. de los Reyes). The
speech or does he agree to be interpellated in the course sponsor may yield, if he so desires.
of his speech?
MR. SUAREZ. With pleasure.
MR. SUAREZ. May I now lead Commissioner Ro-
drigo to the right direction? to
MR. RODRIGO. The innovation sought here is
through “initiative;’ the power

give the people directly,
MR. RODRIGO. Yes, please. propose amendments to the Constitution. Section 1,
to
paragraph (c) states: “as provided for in Article ,
MR. SUAREZ. I amusing Proposed Resolution No. of the Constitution.”

Section
322 as my guide in discussing the matter.
remember right, we took up this matter in the
If I
MR. RODRIGO. Thank you. Committee on the Legislative this afternoon, but the
ordinary
proposal was confined to “initiative” regarding
constitutional amendments. So, if
THE PRESIDING OFFICER The statutes, and not
(Mr. de los Reyes). Section
referred to here, then
sponsor may proceed with his sponsorship speech on that is the provision being
1 refers only to
initiative to enact ordinary laws but not
Proposed Resolution No. 322.
to amend the Constitution.
MR. SUAREZ. One more point, and we will
be through. MR. SUAREZ. I am sorry; we were not aware of that

situation because all along, we were under the impres-
We mentioned the possible use of only one term and
sion the
that system of initiative covered the entire
that is, “amendment.” However, the Committee finally
labored under that
agreed to use the terms — “amendment” or “revision spectrum of the Constitution. So, we
proposal.
when our attention was called by the honorable Vice- thinking in coming up with this
President, to the substantial difference in the connota- we

MR. RODRIGO. just saying that this is what
I am
tion and significance between the said terms. As a result do not
took up in the Committee on the Legislative.
I
of our research, we came up with the observations made “initiative
know if there are other provisions regarding
in the famous — or notorious — Javellana doctrine,
particularly the decision rendered by Honorable Justice being considered in other.,committees.
MR. SUAREZ. We thank Commissioner Rodrigo for of recall, initiative or referendum has been covered by
the information and we will take it upon ourselves to Proposed Resolution No. 161, which we understand has
make the necessary representations with the Committee been referred to the Committee on Citizenship, Bill of
on the Legislative to take up this system of initiative. Rights, Political Rights and Obligations and Human
Rights chaired by Honorable Bemas.
MR. RODRIGO. If I remember right, that proposed
provision on “initiative” stated that the people — by MR. RODRIGO. I have no objection to the rest of
signatures of at least 10 percent of the registered voters the resolution, which is practically a reiteration of the
in the last election — may directly initiate the passage present provisions of the 1 973 Constitution.
of a piece of legislation. So, for ordinary legislation,
the needed number of signatures is at least 10 percent.
In an amendment to the Constitution, does not the MR. SUAREZ. Thank you.
sponsor believe that the number must be more than
1 0 percent?
following Commissioners have registered to interpellate:
MR. SUAREZ. Ican settle for 10 percent. Assuming Commissioners Joaquin G. Bernas, Florenz D. Regalado
that we have 25 million electors, that would mean a and Felicitas S. Aquino. They will be recognized in that
minimum of 2.5 million electors. That is no easy task. order.
THE PRESIDING OFFICER Commissioner Bernas is recognized.

(Mr. de los Reyes). Yes.
MR. SUAREZ. It is correct.

FR. BERNAS. Will the sponsor yield to just a few
simple questions?
MR. RODRIGO. Section 1 of this proposed reso-
lution states that the National Assembly needs only a MR. SUAREZ. With pleasure.
plurality vote to enact a statute but needs a vote of
three-fourths of all its Members to propose an amend- FR. BERNAS. Do I understand the proponent as
ment to the. Constitution. So, the philosophy is very saying that the only thing substantially different in this
clear — that a bigger number of votes is needed to proposal from the article and amendments in the 1973
propose an amendment to the Constitution than to Constitution is paragraph (c) of Section 1?
pass an ordinary statute.
MR. SUAREZ. Substantially, yes.
MR. SUAREZ. We join the Commissioner in that
regard. FR. BERNAS. And in the light of the manifestations
and interpellations made by Commissioner Rodrigo, is
MR. RODRIGO. If that is the case, should we not it our understanding then that we shall postpone inter-
insist on a higher percentage of signatures for “initia- pellations on paragraph (c) of Section 1 until a proper
tive” in amendments to the Constitution than a mere formula is presented to the body?
1 0 percent which is needed in a simple legislation?
MR. SUAREZ. The Commissioner is absolutely cor-

MR. SUAREZ. We spelled out the general rule that rect.
as much as possible, we should make the system of
amendment rather difficult. So, if the Commissioner FR. BERNAS. Thank you.
feels that 10 percent is inadequate, we would certain-
ly be amenable to a higher percentage, provided that the THE PRESIDING OFFICER (Mr. de los Reyes).
right is not effectively suppressed.
Commissioner Regalado is recognized.
MR. RODRIGO. But the sponsor said that even just

MR. REGALADO. Thank you, Mr. Presiding Officer.
10 percent, which means 2.5 million votes, is very dif-
ficult to secure. What more if we increase this to 20 Will the sponsor yield to a few clarificatory ques-
percent? Does not the sponsor think that since this is tions?
such an important provision, we should first know what
article and section are referred to, before we can discuss THE PRESIDING OFFICER (Mr. de los Reyes). The
this proposed amendment intelligently? Does not the sponsor may yield, if he so desires.
sponsor think we should defer consideration of this

provision until we know the article and section alluded MR. SUAREZ. Yes.
to?
MR. REGALADO. In the mode of amendment or
MR. SUAREZ. That point can be properly deferred. revision under Section 1, paragraph (a), does this mean
I pointed out in my sponsorship speech that this system that the National Assembly meets as a constituent body
and proposes the amendments or revisions by itself? it isthe same resolution referred to the Committee on
Am I correct? the Legislative.
MR. SUAREZ. That is correct, as stated in Section 1, MS. AQUINO. Do understand it correctly that sub-
I
paragraph (a). paragraph (c) of Article——, Section of Section I, ,
refers to the initiative and referendum petitions that

MR. REGALADO. With respect to calling a constitu- we have previously referred to?
tional convention under paragraph (b), this would be
possible only by a law enacted by the legislature upon a MR. SUAREZ. Yes, I mean the legislative power.
vote of two-thirds of its Members. Am I correct?
MS. AQUINO. Has sponsor been previously
the
MR. SUAREZ. That is the one covered under Section advised by Commissioner Rodrigo that the Committee
2 .
on the Legislative has decided on vesting legislative
power also in the people by way of referendum and
MR. REGALADO. Yes, but that was mentioned in initiative petitions?
Section 2 with reference to Section 1, paragraph (b).

MR. SUAREZ. Yes.
MR. SUAREZ. That is right.

confined to matters of
MS. AQUINO. And that is
ordinary legislation?
MR. REGALADO. With respect to this clause which
says:
MR. SUAREZ. Yes.
... or by a majority vote of aU its Members, submit the
question of calling such a convention to the electorate, MS. AQUINO. Do I understand it correctly that even
if the body favorably considers
the recommendatory
would this be in the nature of a referendum?
conclusions of the Committee on the Legislative that
referendum and initiative petitions refer only to legis-
MR. SUAREZ. It could partake of the character of a
lation, the Committee would still insist on empowering
referendum, except that the word “electorate” would
the people as a constituent assembly to propose amend-
point to the system of election.
ments to the Constitution?
MR. REGALADO. I also notice that both Sections 1
and 2 are premised on the anticipation that the Commis- MR. SUAREZ. Yes.
sion, not only the Committee, will opt for a unicameral

MS. AQUINO. Thank you, and I also thank the
body. In the event that a bicameral legislative body will
carry the day, has the Committee prepared contingency Presiding Officer.
proposals or resolutions?
Mr. SUAREZ. Yes, in that situation, we would pro-

pose to include the words IN JOINT SESSION AS- THE PRESIDING OFFICER (Mr. de los Reyes).
followed
Commissioner Davide is the next interpellator,
SEMBLED.
by Commissioner Bengzon.
MR. REGALADO. But still maintaining the same Presiding Officer.
number of votes? MR. DAVIDE. Thank you, Mr.
Will the distinguished sponsor yield to some clarifica-
MR. SUAREZ. The Commissioner is right. tory questions.
The
MR. REGALADO. Thank you. the presiding officer (Mr. de los Reyes).
Commissioner Aquino recognized.
is
MR. SUAREZ. With pleasure.
MS. AQUINO. Thank you, Mr. Presiding Officer.

Am I correct in understanding that the premise of the
proceed directly to Section 3, on the holding
I will
Commissioner’s recommendation in subparagraph (c).
Section 1, is the same resolution on referendum and of plebiscite, which states:
days and
initative petitions that was discussed by the Committee which shallbe held not earlier than sixty
approval of such
on the Legislative? not later than ninety days after the
amendment or revision.
MR. SUAREZ. I am referring specifically to the Pro-
posed Resolution No. 161, but I do not know whether Whose approval is needed here?
MR. SUAREZ. Approval by the National Assembly MR. SUAREZ. It may not be necessary at all because
or by the constitutional convention. that is supposed to be already built-in when the Na-
tional Assembly calls the constitutional convention.
MR. DA VIDE.
In other "words, the sponsor now Normally, it should already provide for the appropria-
wants that the entire wording of the proposed Section tions for such purpose.
3 of the original Resolution No. 148 be incorporated
here because it specifically provides for the National MR. DAVIDE. But it may not. The law may only
Assembly or the constitutional convention. But in provide for the calling of a constitutional convention
the substitute resolution, the words “by the national and later another law may provide for the appropria-
assembly or the constitutional convention” have been tions for the convention.
deleted.
MR. SUAREZ. We will entertain amendments re-
MR. SUAREZ. Yes, because it was felt that it was flecting the Commissioner’s idea on the matter.
already understood — that the approval of such amend-
ment or revision could only emanate from either the MR. DAVIDE. Again on Section 2, on the sub-
National Assembly or the constitutional convention. mission of the question of calling a constitutional
convention to the electorate, would this certainly be
MR. DAVIDE. But does not the sponsor believe that by a vote of a majority of all the votes cast in either
we should restore the phrase “by the national assembly election, referendum or plebiscite?
or the constitutional convention” to make it really
very clear and specific for purposes of computing the MR. SUAREZ. The Commissioner is right.
period?
MR. DAVIDE. But necessarily it cannot be imple-
MR. SUAREZ. We certainly would have no objec- mented unless the National Assembly must also be
tion to that because we were the proponents of that mandated to provide for the appropriations for that
resolution. convention whose calling was voted upon favorably
by the people.
MR. DAVIDE. Yes. We now go to Section 2.
MR. SUAREZ. The Commissioner is right.
The clause provides: “submit the question of
last
calling such a convention to the electorate.” In his MR. DAVIDE. I would like to inform the Commit-
answer, the sponsor adverted to the possibility of a tee and the sponsor that the initiative provided for in
referendum or a plebiscite. the proposed Article on National Assembly, as correct-
ly stated by Commissioners Rodrigo and Aquino, is
MR. SUAREZ. Yes, depending upon the National limited to initiation of legislations. And the National
Assembly. Assembly is mandated to provide, by ordinary legis-
lation, the execution of the concept so that it could
MR. DAVIDE. Yes. But as worded in the 1973
be carried out with certain limitations. The basic reso-
Constitution, it is very clear that the submission of the
lutions providing for initiative and referendum, more
question calling such a convention to the electorate
particularly the resolutions of Commissioner Romulo,
must be done in an election.
et al and Commissioner Garcia, et al, limit the scope
of initiative and referendum.
MR. SUAREZ. Yes, but right now, because of the
initiation of the system of initiative, recall and referen- MR. SUAREZ. Will a
the Gentleman entertain
dum, we are amenable to entertaining the possibility reverse interpellation?
that it would assume the form of a referendum.
MR. DAVIDE. If the Rules provides, I am willing
MR. DAVIDE. I see, but on the assumption that to yield.
we willnot allow the constitutional amendment or
revision to be initiated by the people, it is necessary MR. SUAREZ. Would the Gentleman consider in
that we also restore the words “in an election.” this committee deliberations the inclusion of this parti-
cular idea as a committee resolution?
MR. SUAREZ. The Committee agrees.
MR. DAVIDE. If the Committee on Transitory
MR. DAVIDE. National Assembly is authorized
If the Provisions would insist on amendments by or through
by a vote of two-thirds of all its Members to call a initiative, a proposal in this respect really properly be-
constitutional convention, would it not be proper to longs to the Committee on Transitory Provisions or as
make it mandatory that the National Assembly be pro- an exception to what is provided for in the Article on
vided with appropriations for that convention? the Legislative.
MR. SUAREZ. So we take it that the Gentleman heed the people’s desire and clamor. So, this is a third
would rather leave the matter of “percentaging” to the avenue that we are providing for the implementation
Comrmttee on Amendments and Transitory Provisions? of what is now popularly known as the people’s power.
MR. DA VIDE. And the Commission. MR. BENGZON. In view of the awakening of the
people of the Philippines, does the Gentleman agree
MR. SUAREZ. I thank the distinguished Commis- that the events that took place in the past few years
sioner. are very unlikely to be repeated in the future?
MR. DAVIDE. Thank you. MR. SUAREZ. The Gentleman may be right, but
it is also likely that these could again happen in the
THE PRESIDING OFFICER (Mr. de los Reyes). near future.

MR. BENGZON. Because we seem to be laboring
under that particular syndrome of the traumatic ex-
MR. BENGZON. For the record. Section 2, lines 17
“ periences we had in the last 20 years. Perhaps, our
and 18 states: . . .submit the question of calling such
a convention to the electorate.” The interpretation or minds and our eyes are just focused on those events
and we forget that there are other circumstances that
the Gentleman’s contemplation here is that such a
question, if it is decided to be submitted to the elec- will take place.
torate, will have to wait for the next election. Am I was about to suggest that if, indeed. Section 1,
I
correct? paragraphs (a) and (b) are sufficient avenues and chan-
nels for the people of the
Philippines to amend the
MR. SUAREZ. That is right. The provision practi- Constitution - as they have been historically tested
past - per-
cally considers the possibility of avoiding expensive without regard to the events of the recent
referendums or plebiscites. So, that is the general sense haps the Committee might reconsider its decision m
meant to be conveyed by the employment of this phrase proposing Section 1, paragrphs
just confining itself to
“in an election” which does not now appear here. away with paragraph (c). Is
(a) and (b), and doing
mode of legislation by ini-
there a possibility that the
MR. BENGZON. Regarding Section 1 paragraph (c), just be confined to the Article on the Legis-
, tiative will
does the Gentleman agree that this mode of amending lative?
or revising a constitution is very complicated and
very difficult to follow, particularly because it should MR. SUAREZ. We would rather leave that to the
require, perhaps, a greater number of percentage than Commission.
the ordinary mode of initiative by legislation?
MR. BENGZON.So, at the proper time, perhaps
during the period of amendments, this could be intro-
MR. SUAREZ. We agree to the difficulty in imple-
menting this particular provision, but we are providing duced.
a channel for the expression of the sovereign will of
the people through this initiative system. MR. SUAREZ. Yes.
MR. BENGZON. I thank the distinguished Commis-

MR. BENGZON. Section 1, paragraphs (a) and (b),
Is
not sufficient channel for expression of the will of the sioner.
people, particularly in the amendment or revision of

the Constitution? MR. SUAREZ. Thank you.
de los Reyes).
MR. SUAREZ. Under normal circumstances, yes. THE PRESIDING OFFICER (Mr.
to be followed
But we know what happened during the 20 years under :ommissioner Azcuna is recognized,
the Marcos administration. So, if the National Assem- .V Ople and Commissioner Guingona.
rommissioner
bly, in a manner of speaking, is operating under the
thumb of the Prime Minister or the President as the MR. AZCUNA. Thank you.
revisions
case may be, and the required number of votes could not Is the power to propose amendments or
or constituent power.
be obtained, we would have to provide for a safety valve to the Constitution legislative
in order that the people could ventilate in a very peace-
ful way their desire for amendment to the Constitu- MR. SUAREZ. I beg the Gentleman’s pardon.
tion.
the power to propose
amend-
It very possible that although the people may
is
MR. AZCUNA. Is
Constitution ^
be pressuring the National Assembly to constitute ments or revisions to the
kind of power called a con-
itself as a constituent assembly or to call a constitu- power or is it a different
tional convention, the members thereof would not 5tituent power?
MR. SUAREZ. I would say it is a constituent power. in the 1973 Constitution, could be dependent on the
approval of a resolution in that body pertaining to
MR. AZCUNA. Therefore, a system of initiative or the use of initiative, referendum and recall, with res-
referendum provided for under the Article on the pect to legislation.
Legislative will not be the proper place to provide for
the type of initiative the Gentleman has in mind since Will the Chairman of the Committee now consider
this is initiative as an exercise of a constituent power. the imminently reasonable proposals of Commissioners
Instead of referring to the legislative power provision Azcuna and Davide to keep this an independent pro-
which provides for initiative in making ordinary laws, vision of the Article on Amendment so that this will
I believe we should provide under this provision the not wait upon the action of the Legislative Committee?
exercise of constituent power. Perhaps, the Gentleman
can already define here a manner in which this type of
initiative as an exercise of constituent power can be
MR. SUAREZ. Yes, we will entertain that. As a mat-
made.
ter of by way of information, the Committee
fact,
on Amendments and Transitory Provisions is scheduled
to meet tomorrow morning between nine o’clock and
MR. SUAREZ. I take it that it is suggested even twelve o’clock and we will take that matter up.
without depending upon the action that may be taken
up in the Committee on the Legislative.
MR. OPLE. Moreover, Mr. Presiding Officer, 1 think
MR. AZCUNA. Yes, Mr. Presiding Officer, I believe Commissioner Bengzon had earlier raised the question
it is just proper because this is a constituent power
of whether this new mode to proposing constitutional
and it belongs here. amendments which is untested could be deleted from
the Article on Amendment on the ground that we may
be experimenting with a mode of amendment that has
MR. SUAREZ. In fact. Proposed Resolution No. 161
no support in the past and which may be in the form
covers constitutional amendments to initiative.
of exaggerated reaction to what happened in the past.
In response to Commissioner Bengzon’s doubts, I think
MR. AZCUNA. Yes, Mr. Presiding Officer.
this is just the correct time in history when we should
introduce an innovative mode of proposing amendments
MR. SUAREZ. We will consider that. to the Constitution, vesting in the people and their
organizations the right to formulate and propose their
MR. AZCUNA. I thank the honorable Commissioner. own amendments and revisions of the Constitution
in a manner that will be binding upon the government.
THE PRESIDING OFFICER (Mr. de los Reyes). It is not that I believe this kind of direct action by the
Commissioner Ople is recognized. people for amending a constitution will be needed
frequently in the future, but it is good to know that
MR. OPLE. Mr. Presiding Officer, will the sponsor the ultimate reserves of sovereign power still rest upon
yield to a question? the people and that in the exercise of that poAver, they
can propose amendments or revisions to the Constitu-
tion.
I think this is the proper point to share Commis-
sioner Padilla’s learned insights on the difference be-
MR. SUAREZ. Yes, with pleasure to a member of tween an amendment and a revision. We were the bene-
our Committee.
ficiaries of the Committee’s insights, according to which
an amendment deals with only a piecemeal change in
MR. OPLE. Providentially, the previous remarks of
the Constitution; a revision, on the other hand, may
Commissioner Azcuna and Commissioner Davide en-
entail a number of amendments and may even entail
couraged me to refer once again to this question on
the revision of the entire Constitution. And the power
initiative as anew mode for proposing amendments
to propose amendments as well as revisions, we now
to the Constitution. The sponsor was very kind to
vest under paragraph (c),Section 1 of the Article on
refer earlier to the fact that
sponsored this additional
I
Amendment in the people and their organizations
mode of proposing amendments to the Constitution which they need not avail of, unless there is a very
in the Committee on Amendments and Transitory
strong sentiment or undercurrent of sentiment in the
Provisions.
future that will impel them to gather signatures, let us
It looks like the Committee on Amendments and say, several million signatures to meet the standard that
Transitory Provisions had been very courteous to the will be set forth in this Article on Amendment so
Committee on the Legislative and had hoped that this that if they want to revise the Constitution according
mode of proposing amendments through initiative, in to the requirements of new conditions in the future,
addition to the older and traditional modes provided then they may do so. Of course, the traditional pre-
rogative to introduce amendments or revisions will I will advert to the point in the Article referring to
still be vested on the National Assembly. the ratification process by the majority votes of the
electorate.
The sponsor mentioned earlier that the Committee
THE PRESIDING OFFICER (Mr. de los Reyes). used the word “plebiscite” in Section 3 in contra-
Commissioner Guingona is recognized. distinction with the word used in the 1935 Constitu-
tion which was “election.” I suppose the sponsor fol-
MR. GUINGONA. Thank you, Mr. Presiding Officer. lowed the 1973 Constitution in the use of the word
“plebiscite” and not the 1935 Constitution in the
I would
like to ask the honorable proponent a ques-
use of the word “election” because election connotes
tion. In answer to the interpellations of Commissioner in the
a process whereby a body of qualified voters
Bengzon, the sponsor said that paragraph (c) of Section - be nationwide, by district, by
country whether it
province, by municipality or barangay - choose public

1 contemplates a situation where the National Assem-
bly or the legislature would refuse to heed the people’s
officials.
will. My question is: As worded by the Committee,
would not the National Assembly be able to frustrate Mr. Presiding
the people’s will by simply not appropriating the
MR. SUAREZ. The Gentleman is right,
Officer.
amount needed for the exercise or referendum that
should be held? also appropriately
MR. MAAMBONG. The sponsor
used the word “plebiscite” because the book
I am
MR. SUAREZ. The Gentleman is referring to the
using here -
which is incidentally my own -
defines
exercise by the people of the right vested under para- plebiscite as a direct voting by the qualified electors
graph (c), Section public question, usually to
in regard to an important
1.
ratify a constitution. Would that be a correct

proposed
MR. GUINGONA. Yes, because my understanding
statement?
as a member of the Legislative Committee is that there
aresome restrictions with respect to the exercise of the Yes, Mr. Presiding Officer.
power of initiative and referendum and MR. SUAREZ.
think one ofI
the restrictions is in the appropriation of a sum of
money. The power to appropriate would still be vested MR. MAAMBONG. Section 2 reads:
in the National Assembly. In the situation that the by a majority vote of aU its Members, submit the
sponsor contemplates where the National Assembly question of calling such a
convention to the electorate.
ignores the people’s will, is there not a possibility that “election” or “plebiscite” was
this will be a paper provision because then they would In Section 2, the word
is: What is the intendment
lot used. The question here
not be able to exercise the right vested in them by
Committee? Under Section 2 when the
National
if the
Section 1 paragraph (c)? to the electorate of
,
Assembly submits the question
whether to call a convention,
would this be through
Mr. SUAREZ. The mechanisms were not discussed nr nlebiscite?
in the manner the Gentleman brought out this evening
although that is a very valid point. We hasten to add, MR. SUAREZ. It is supposed to coincide with the
however, that the methods provided under paragraphs election, Mr. Presiding
Officer.
(s)> (b) and (c) may be availed of one after the other.
In other words, one does not preclude the exercise of
/IR MAAMBONG. In other words, in Section 2, if
a constitu-
the other. They could even be availed of simultaneously,
re is no election, the question of calling
if necessary, but the matter of appropriation is indeed
essential.
SUAREZ. That the meaning sought to be
MR is
particular section.
the presiding officer (Mr. de los Reyes). conveyed in connection with this
Commissioner Maambong is recognized.
[R. MAAMBONG. We have a difficulty here, be-
question of whether or
Mr, the submission of the
maambong. Mr. Presiding Officer, will the ;e
might coincide with a new
distinguished sponsor yield to a few questions? to call a convention
public officials. In other
1 of office of elective
there is an election, for
example, for public
Mr. SUAREZ. With pleasure, Mr. Presiding Officer. ds if
a need to present
lials in 1990, and in 1991 there is
:he people the issue of
whether we should call a
Mr. maambong. I hope the sponsor does not mind assuming tha e
my stitutional convention or not,
him at this point, considering that I am
interpellating will end in
1 of office of the
elective public officials
a member of his Committee. But the other statements
of the Commissioners before me provoked my thoughts. 6, we will have to
wait five or six years before we
can submit the issue of calling a constitutional conven- MR. MAAMBONG. Thank you for that, Mr. Presiding
intendment, Mr. Presiding Officer?
tion. Is that the Officer.
Just one more point. We have been using here words

MR. SUAREZ. The Gentleman’s statement and like “election” and “plebiscite.” In this amendatory
conclusion under this section are correct. or revision process of the Constitution, we never use
the term “referendum.” We either use “election” or
MR. MAAMBONG. Therefore, in the period of “plebiscite” because, as the dictionary defines it, re-
amendments, would the Committee be open to a sug- ferendum is the principle or procedure of submitting
gestion to amend Section 2 to accommodate either measures already approved by the legislative body to the
election or plebiscite in the matter of calling a constitu- vote of the electorate for approval or disapproval. That
tional convention? isthe reason we do not use “referendum” in matters
of amendment or revision of the Constitution. Is that a
MR. SUAREZ. Without waiting for an election?
correct statement?
MR. MAAMBONG. Without waiting for an election

MR. SUAREZ. Among others, yes, Mr. Presiding
which may take five years.
Officer.
MR. SUAREZ. We will entertain such an amended

proposal, Mr. Presiding Officer. MR. MAAMBONG.Lastly — this is just food for
thought considering that the Committee will meet
MR. MAAMBONG. Thank you. tomorrow to consider all the submission of other
We will now go
to Section 3. In Section 3, the word Commissioners — I notice that the bottom line in the
“plebiscite” again used. Does it also mean that
is ratification of an amendment or a revision to a consti-
under Section 3, if there is an incoming election we tution is always a majority of the votes cast by the
cannot submit the amendment or revision of the Consti- electorate. On the other hand, if it isthe National
tution to the electorate together with that election? Assembly which constitutes itself as constituent
a
Under Section 3, the wording is very specific; it speci- assembly to propose amendments to a constitution,
fically refers to a plebiscite and not an election as we it is by the vote of three-fourths of all its Members.
have already defined earlier. All these things are submitted to the people for rati-
fication. I am trying to connect this with the proce-
MR. SUAREZ. Under the situation envisioned by dure for initiative for future consideration because
the Gentleman, he would preclude a plebiscite in the the members of the National Assembly are representa-
calling of the election. In other words, there will be tives of the people in their individu^ constituencies
a separate election and a separate plebiscite. Is that the and, therefore, would it not be appropriate mathema-
question? tically to require a vote of three-fourths of the Na-
tional Assembly in order to amend or revise the Con-
MR. MAAMBONG. That is not the drift of my ques- stitution? Would it not be appropriate also to require
tion. What I am trying to say is that under Section 3, a vote of three-fourths of the electorate in order
to
as worded, there is a limiting factor wherein we cannot institute the process known as initiative? If the present
submit the ratification of any amendment to or revision trend of initiative is only 10 percent of the electorate,
of the Constitution together with an election because it would run counter to the required votes of the re-
Section 3 specifically mentions plebiscite. presentatives of the people which are three-fourths or 75
percent. This is just food for thought and a question.
MR. SUAREZ. It will not preclude the holding of a Probably, we can take this up when the Committee on
plebiscite together with the election because it could Amendments and Transitory Provisions meets.
very well be signified that this is an election and a
plebiscite at the same time.
Thank you very much, Mr. Presiding Officer.
MR. MAAMBONG. In other words, if an election

is forthcoming for the purpose of ratifying the Constitu- MR. SUAREZ. Thank you.
tion, the issues in the plebiscite can be inserted in the
same ballot and we can hold an election and a plebiscite THE PRESIDING OFFICER (Mr. de los Reyes).
at the same time. Commissioner Sarmiento is recognized.
MR. SUAREZ. I remember that happened in the MR. SARMIENTO. Mr. Presiding Officer, allow me
January 30, 1980 elections wherein the plebiscite
was to make some comments on the system of initiative
tucked to the election, the plebiscite on whether or not which is a reserve power of the sovereign people. My
the term of the Justices of the Supreme Court would colleagues pointed out that the system of initiative is
be extended from 65 to 70 years old, anticipating the limited and should be limited only to initiating legis-
retirement of some friendly justices. lation and not to proposing amendments. I will humbly
.
disagree with my colleagues’ observations. I wish to SUSPENSION OF SESSION

invite my colleagues’ attention to the 1986 UP Law
Constitution Project draft proposal. In one of its pages,
Chair declares a suspension of the session.
it is stated, and I quote:
It was 5:41 p.m.
The devices of recall, initiative and referendum are
methods for asserting people sovereignty
well-established
by way of shortening the terms of officials, elective or RESUMPTION OF SESSION
appointive, and of initiating legislation or constitutional
amendments. . .
I wish to emphasize the words “of initiating legislation THE PRESIDING OFFICER (Mr. de los Reyes). The
or constitutional amendments.” The text continues: session is resumed.
... or subjecting the acts of the legislature to the approval

or disapproval of the people. In some jurisdiction, while
the three processes are adopted in the constitution, the The
to the enactment
details for their implementation are left
of legislation by the regular assemblies of the state. .
Because of this pronouncement in the draft proposal SUSPENSION OF CONSIDERATION

of the 1986 UP Law Constitution Project, I will sup- OF PROPOSED RESOLUTION NO. 322
port Commissioner Ople’s-jproposal that the mode of (Article on Amendment or Revision)
initiative be retained in the Article on Amendment or
Revision. MR. RAMA. I would like to amend my motion to
a motion for deferment of the
consideration of Com-
mittee Report No. 7 on Proposed Resolution No. 322
MR. SUAREZ. Thank you. until tomorrow at 2:30 p.m.

THE PRESIDING OFFICER de los Reyes).(Mr.
What there any objection to the motion for
is the pleasure of the Floor Leader?
MR. RAMA. Mr. Presiding Officer, there are no more

interpellators and there are no more speakers for and ADJOURNMENT OF SESSION
against the resolution, so I move that we close the
move to adjourn
MR. RAMA. Mr. Presiding Officer, I
period of sponsorship and debate.
the session untU tomorrow at
2:30 p.m.
THE PRESIDING OFFICER de los Reyes). (Mr.

(Mr. de los Reyes). The
What is the pleasure of Commissioner Rodrigo? THE PRESIDING OFFICER p.m.
session is adjourned until tomorrow at 2:30
MR. RODRIGO. Have we not deferred the consi- It was 5:50 p.m.
deration of Section 1 ,
paragraph (c)?
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M
R.C.C. NO. 26
Wednesday, July 9, 1986
Ople Present*
OPENING OF SESSION Bennagen Present . .
Bernas Present Padilla . . Present
Rosario Braid Present Quesada .... Present

p.m., . . .
. .
Munoz Palma, opened the session. Brocka Present Rama . . Present
Calderon Present Regalado .... . . Present

Reyes de los Present*
THE PRESIDENT. The session is called to order. Castro de Present . . .
Present
Colayco Present Rigos . .
Concepcion .... Present* Rodrigo.... . . Present

NATIONAL ANTHEM Davide Present* Romulo .... . . Present
Present Rosales Present
Foz . .

Garcia Present Sarmiento . . . . . Present
the National Anthem. Present Suarez . . Present
Gascon
Everybody rose to sing the National Anthem. Present Sumulong . . . . Present
Guingona .
Present Tadeo . . Present

Jamir
THE PRESIDENT. Everybody will please remain Laurel Present* Tan . . Present
standing for the Prayer to be led by the Honorable Jose Present Tingson .... . . Absent
Lerum
Trenas Present
N. Nolledo. Maambong .... Present
. .
Uka . . Present
Monsod Present
Everybody remained standing for the Prayer. Present
Present Villacorta . . . . .
Natividad
Villegas . . Present
Nieva Present
PRAYER Nolledo Present
MR. NOLLEDO. O Dakilang Diyos, hinihingi po The President is present

the
shows 42 Members responded to
namin ang Inyong awa, pagmamahal at pagkalinga sa call
The roll call
aming makasaysayang pagbalangkas at pagbuo ng isang
presence of
Saligang Batas na tunay na maka-Pilipino at maka-tao, THE PRESIDENT. The Chair declares the
isang Saligang Batas na tumatangkilik sa mga karapa- quorum.
a
tang pambayan at hahango sa kahirapan ng marami
naming mamamayan, isang Saligang Batas na magbibi- MR. CALDERON. Madam President.
gay ng tunay na pag-asa sa aming mga kababayan at
Leader
Yes, the Assistant Floor
is
magpapatibay ng kanilang loob sa kanilang pagtahak sa THE PRESIDENT.
daang puno ng tinik at kapighatian tungo sa masagana recognized.
at maligayang kinabukasan at nawa’y makintal sa isipan
ng buong sambayanang Pilipino sa lalong madaling pana- approval of JOURNAL
hon ang paniniwalang may langit din pala sa daigdig.
move that we dispense with tte
Hinihingi po namin ang mga ito sa ngalan ng Inyong MR CALDERON. I
previous session and that
Bugtong na Anak na si Hesus na naghahari kasama po fading of the Journal of the
Ninyo at ng banal na Espiritu Santo, iisang Diyos, jmnrnve the same.
magpakailan man. Siya nawa. (Silence)
approved.
is
ROLL CALL
move that we
MR. CALDERON. Madam
President, I
Business.
call the roll. proceed to the Reference of
(Silence)
the SECRETARY-GENERAL, reading: approved.
is
Abubakar Present Azcuna Present
Alonto Present Bacani Present The Secretary-General
Aquino Present Bengzon Present Business.
Appeared after the toll call

REFERENCE OF BUSINESS Proposed Resolution No. 451, entitled:
The Secretary-General read the following Proposed RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
Resolutions on First Reading, Communications and TUTION PROVISIONS RELATIVE TO THE PROBLEM
Committee Reports, the President making the corre- OF ENGLISH, SPANISH, AND FILIPINO, OUR MOTHER
sponding references: TONGUES, NATIVE LANGUAGES AND DIALECTS,
AND OTHER RELATED SUBJECTS.
PROPOSED RESOLUTIONS ON FIRST READING Introduced by Hon. Davide, Jr., Maambong, Jamir,
Uka, Abubakar and Rama.
RESOLUTION ESTABLISHING A MULTIPARTY POLI-
TICAL SYSTEM. Proposed Resolution No. 452, entitled:
Introduced by Hon. Ople, Natividad, Maambong and RESOLUTION FOR THE ENCOURAGEMENT AND PRO-
de los Reyes, Jr. MOTION OF PEOPLE’S ORGANIZATIONS.
To the Committee on Constitutional Commissions Introduced by Hon. Gascon.
and Agencies.
RESOLUTION PROPOSING TO INCLUDE IN THE CONSTI-
TUTION A PROVISION PROHIBITING HAMLETTING,
ZONING, FOOD BLOCKADE, AND SIMILAR CRUEL RESOLUTION FOR THE PROTECTION OF OUR EN-
AND INHUMAN MILITARY MEASURES AGAINST VIRONMENT AND THE PRESERVATION OF OUR
CIVILIAN COMMUNITIES. NATURAL RESOURCES.
Introduced by Hon. Tan, Tadeo, Colayco, Sarmiento, Introduced by Hon. Gascon.
Bennagen, Aquino, Suarez and Bacani. To the Committee on the National Economy and
To the Committee on Citizenship, Bill of Rights, Patrimony.

RESOLUTION TO INCORPORATE THE RIGHT TO EDU-
CATION OF EVERY CITIZEN IN THE BILL OF RIGHTS
TUTION A PROVISION PROHIBITING THE USE OF
TORTURE FOR ANY PURPOSE.
Introduced by Hon. Gascon, Villacorta, Guingona,
Introduced by Hon. Garcia.
Trenas and Rosario Braid.
To the Committee on Citizenship, Bill of Rights, To the Committee on Citizenship, Bill of Rights,
Political Rightsand Obligations and Human Rights. Political Rights and Obligations and Human Rights.

RESOLUTION DECLARING THE RIGHT OF THE PEOPLE
TUTION PROVISIONS FOR THE CREATION OF THE
TO ELIMINATE TYRANNY AND TO REPLACE IT WITH
PEOPLE’S POLICE COUNCIL COMPOSED OF THE
A DEMOCRATIC GOVERNMENT.
MAJOR SECTORS IN THE LOCALITY THAT WILL
MONITOR AND PROVIDE SANCTIONS AGAINST ANY Introduced by Hon. Ople, Maambong, de los Reyes,
SYSTEMATIC POLICE ABUSES. Jr. and Natividad.
Introduced by Hon. Bennagen. To the Committee on Preamble, National Territory,
Proposed Resolution No. 450, entitled: COMMUNICATIONS

RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Communication from Mr. Manuel A. Argel of Vigan,
TUTION A PROVISION FOR THE USE OF THE IN- Ilocos Sur, proposing, others, a parliamentary
among
DIGENOUS WRITTEN LANGUAGE AND ALPHABET form of government patterned after that of France, the
OF THE ETHNIC MINORITIES WHEN VOTING IN ANY synchronization of elections, a bicameral legislature, and
NATIONAL OR LOCAL ELECTIONS, PLEBISCITE OR abandonment of the Sabah claim.
REFERENDUM. (Communication No. 146 — Constitutional Commission
Introduced by Hon. Bennagen. of 1986)
To the Committee on General Provisions. To the Steering Committee.
Unnumbered resolution of the Association of Disabled To the Committee on Local Governments.

Persons of Rinconada and Iriga City (ADPRIC),request-
ing the inclusion of provisions which would grant dis- Letter from Mr. Pedro M. Espina of the Knights of
abled Filipinos priority of employment in government Columbus, Virgen Sa Barangay Council No. 8362, City
and private entities. of Tagbilaran, suggesting, among others, a bill of duties,
(Communication No. 147 — Constitutional Commission and obligations of citizens enumerated explicitly to
counterbalance the Bill of Rights.
of 1986)
(Communication No. 1 54 — Constitutional Commission
of 1986)
Letter from Mr. Rolando R. Abad of San Isidro, Pili, To the Committee on Citizenship, Bill of Rights,
Camarines Sur, requesting the inclusion of provisions on Political Rights and Obligations and Human Rights.
land reform, education and language.
— Letter from Mr. Prisco P. Orcullo, Jr. of Salvacion, San
Agustin, Surigao del Sur, proposing the translation of
of 1986)
the Constitution into different Philippine dialects and
To the Committee on Social Justice. requiring every head of the family to secure a copy free
or in exchange for sales receipts.
Letter from Lakas ng Manggagawa signed by Mr. Daniel - Constitutional Commission
Edralin, submitting general proposals on basic constitu-
of 1986)
tional issues and a particular resolution affording more
protection to labor and guaranteeing human and trade To the Committee on General Provisions.
union rights.
others of Sta.
— Constitutional Commission Letter from Mr. Fidel R. Milan and eleven
(Communication No. 149 provisions on
Catalina, Zamboanga City, requesting
of 1986) free hospitalization, creation of
urban land reform,
To the Committee on Social Justice. Urban Poor Ministry, and handicraft skills training.

Telegram from Ms. Maria Luisa Lorenzo of Manila,
of 1986)
expressing opposition to any provision imposing a na-
tional language. To the Committee on Social Justice.
(Communication No. 1 50 — Constitutional Commission Assumption Sapang

Letter from Mr. Edward M. Kelly of
of 1986) proposals on the equality
Palay College, Inc., submitting
To the Committee on Human Resources. protection of the environment,
of man and woman,
housing and education, among others.
Letter from Mr. Romulo P. Sandejas III of Legaspi City, — Constitutional Commission
proposing free education and health service, among
of 1986)
others.
Territory, and
of 1986)
of Southern City
To the Committee on Social Justice. Letter from Mr. Orlando F. Caliolio
requesting inclusion in the
Colleges, Zamboanga City,
granting the right to keep
Letter from GABRIELA signed by Sr. Mary John Bill of Rights of a provision
Mananzan, OSB, enclosing its manifesto calling for the and bear arms for self-defense.
full emancipation of women, and for justice, freedom, Commission
democracy and prosperity for the people. 1986)
(Communication No. 152 — Constitutional Commission the Committee on Citizenship, Bill of Rights,
of 1986) litical Rights and Obligations and Human Rights.
To the Committee on Citizenship, Bill of Rights, Inc. and

mmunication from Anchor Foundation,
Political Rights and Obligations and Human Rights. Manila, requesting
chor Broadcast Council, Sta. Mesa,
promote and protect
lusion of a provision that will
Letter from the Philippine Institute of Environmental airwaves for broad-
people’s right to the use of the
Planners signed by Mr. Cesar H. Concio, enclosing a
;
;t media.
position paper prepared by Mr. Rene S. Santiago and
endorsing particularly the proposals on autonomous
regional governments. of 1986)
and
(Communication No. 153 - Constitutional Commission To the Committee on the National Economy
of 1986) Patrimony.
Letter from the People’s Secretariat for the Constitu- CONSIDERATION OF PROPOSED
tional Commission signed by Mr. Rizal Ruiz Amon, RESOLUTION NO. 322
forwarding the position paper of the Filipino Inventors (Article on Amendment or Revision )
Society proposing provisions for invention, science and Continuation

technology.
(Communication No. 1 60 — Constitutional Commission PERIOD OF SPONSORSHIP AND DEBATE
of 1986) MR. RAMA. I move that we continue
the considera-
To the Committee on Human Resources. tion of Committee Report No. 7 on Proposed Resolu-
tion No. 322 on Second Reading. We are still in the
period of sponsorship and debate.
COMMITTEE REPORTS
I ask that the sponsor be recognized.
No. 455, prepared by the Committee on Accountability THE PRESIDENT. there any objection?
Is (Silence)
of Public Officers, entitled: The Chair hears none; the motion is approved.
RESOLUTION PROPOSING TO INCORPORATE IN THE The sponsor. Commissioner Suarez, is recognized.

TRANSITORY PROVISIONS OF THE 1986 CONSTITU-
TION CERTAIN SECTIONS TO IMPLEMENT THE PRO-
MR. SUAREZ. Thank you. Madam President.
POSED ARTICLE ON ACCOUNTABILITY OF PUBLIC May we respectfully call the attention of the Mem-
OFFICERS, bers of the Commission that pursuant to the mandate
given to us last night, we submitted this afternoon a
recommending its approval.
complete Committee Report No. 7 which embodies the
Sponsored by Hon. Monsod, Colayco and members of proposed provision governing the matter of initiative.
the Committee on Accountability of Public Officers. This is now covered by Section 2 of the complete com-
To the Steering Committee. mittee report. With the permission of the Members, may
I quote Section 2:
Committee Report No. 17 on Proposed Resolution The people may, after five years from the date of the
No. 456, prepared by the Committee on Accountability last plebiscite held, directly propose amendments to this
of Public Officers, entitled: Constitution thru initiative upon petition of at least ten per-
RESOLUTION PROPOSING TO INCORPORATE IN THE cent of the registered voters.
1986 CONSTITUTION AN ARTICLE ON ACCOUNTA- This completes the blanks appearing in the original
BILITY OF PUBLIC OFFICERS, Committee Report No. 7. This proposal was suggested
recommending its approval in substitution of Proposed on the theory that this matter of initiative, which came
Resolution Nos. 61, 66, 74, 76, 121, 125, 218, 223, about because of the extraordinary developments this
229, 280, 344, 353 and 354. year, has to be separated from the traditional modes of
Sponsored by Hon. Monsod, Colayco and members of amending the Contitution as embodied in Section 1.
the Committee on Accountability of Public Officers.
The committee members felt that this system of ini-
tiative should be limited to amendments to the Consti-
To the Steering Committee. tution and should not extend to the revision of the
entire Constitution, so we removed it from the opera-
MR. RAMA. Madam President. tion of Section 1 of the proposed Article on Amend-
ment or Revision. Also this power could be susceptible
to abuse to such an extent that it could very well
THE PRESIDENT. The Floor Leader is recognized. happen that the initiative method of amendment could
be exercised, say, twice or thrice in a matter of one
year; thus, a necessity for putting limitations to its
MR. RAMA. I would like to inform the body of some
exercise. The committee members also felt that putting
changes on the referral of certain resolutions.
a limitation within a five-year period after the date of
Proposed Resolution No. 277, proposing for a nation- the last plebiscite held is reasonable, as well as the
al health policy, has been referred to the Committee on percentage arrived at — meaning, ten percent of the
Preamble, National Territory, and Declaration of Prin- registered voters. On
the basis of the information given,
ciples from the Committee on Justice; and Proposed we have about 26 or 27 million registered voters, which
Resolution Nos. 265, 266, 270, 96, 164 and 347 which would necessitate getting the affirmative vote of at least
were previously referred to the Committee on General 2.5, 2.6 or 2.7 million thereof. This, of course, is not
Provisions, to the Committee on Human Resources.
an impossible task although it would pose some dif-
ficulties. The general idea as agreed upon is for us to try
THE PRESIDENT. Is there any objection? (Silence) to make the process of amendment a little more diffi-
The Chair hears none; let the corresponding matters be cult in order that we can have an enduring and lasting
recorded. Constitution. After all, there are two other methods
of amendment, the traditional ones, which we have THE PRESIDENT. Commissioner Rodrigo is recog-
provided under subsections (a) and (b) of Section 1. So, nized.
our Committee decided to propose this particular
Section 2 as it is now embodied in the complete com- MR. RODRIGO. Thank you. Madam President.
mittee report. Madam President, last night I said the Committee on
We would like to clear up one other point, lest we be the Legislative provision for initiative or
drafted a
misunderstood in the interpretation of the provisions referendum on ordinary and I said that in
legislation,
which now appear as Section 3 of the complete Com- that Article, the Committee on the Legislative provides
mittee Report No. 7. When we were asked by Commis- that initiative or referendum shall be initiated by at least
sioner Maambong last night about the applicability of ten percent of the registered voters in the immediately
Section 3 in connection with the employment of the preceding election. I am now reading from the final
words “election or plebiscite,” we did not get the full draft which will be considered this evening for final ap-
significance of his questioning and we came up with an proval by the Committee. In the committee report, the
affirmative answer. We ventured the observation that in committee also suggests 1 0 percent of the electorate to
the application of Section 3, the calling of a constitu- propose a constitutional amendment, so that the pro-
tional convention could not be submitted to the people portion of the people who can initiate an ordinary legis-
in a special plebiscite on the theory that this Section 3, lation is the same as that who can propose a constitu-
formerly Section 2, operates only simultaneously with tional amendment. In the resolution itself it is very
the calling of an election. The members of the Commit- evident that the intention of the Constitution is to make
tee — and this was borne out by. the proposal of Com- the process of proposing a constitutional amendment
missioner de Castro — word
agreed to delete after the more difficult than that of an ordinary legislation.
“electorate” the phrase appearing in the 1973 Constitu- Section 1 states:
tion. In other words, the idea is clear that this Section 3 Any amendment to, or revision of, this Constitution may
could operate with or without an election and a plebi- be proposed:
scite for the purpose could be called independently of (a) by the National Assembly upon a vote
of three-
the election. So this is for the purpose of clearing up fourths of all its Members; or
any possible misunderstanding of the provision which is (b) by a constitutional convention.
now Section 3 of the completed Committee Report A constitutional convention may be called by the
No.
National Assembly by a vote of two-thirds of all
7. its
pro-
THE PRESIDENT. The Chair would just like to Members. So, the norm is to have a biggervote for
ordinary
clarify this point from the honorable sponsor. posals for constitutional amendments than for
So, does not the sponsor think that instead
legislations.
We adjourned yesterday while we were in the process electorate
of the same proportion of 1 0 percent of the
of closing the debate on the original resolution submit- amendments and to initiate
to propose constitutional
ted by the Committee. Does the Chair understand that percentage to propose consti-
ordinary legislations, the
we will debate on this substitute resolution again, or is
tutional amendments should be much bigger?
this one of the amendments?
yet in the period of MR. SUAREZ. The Committee will be glad to enter-
MR. SUAREZ. We are not
amend this particular subject matter
amendments. Madam President. I think we can accom- tain proposals to
modate interpellations regarding this proposed Section 2 at the proper time.
of the completed Committee Report No. 7.
MR. RODRIGO. Section 2 of the complete commit-

THE PRESIDENT. The Chair would like to know petition of at least 10 per-
tee report provides: “upon
will close the debate on
Committee
cent of the registered voters.” How
whether or not we wilt we determine
Report No. 7. that 1 0 percent has been achieved? How will the voters
manifest their desire, is it by signature?

MR. RAMA. Not yet. Madam President, because
some Members would like to debate on certain
por-
tions of the Article Amendment. As a matter of fact. MR. SUAREZ. Yes, by signatures.
on
Commissioner Rodrigo has reserved his turn to speak on
us
the matter. MR RODRIGO. Let us look at the mechanics. Let
say some voters want to
propose a constitutiona
THE PRESIDENT. The Chair would like to know constitutional
amendment. Is the draft of the proposed
whether we are now in the period of amendments. amendment ready to be shown to the people
when they
MR. RAMA. We in the period of sponsorship are asked to sign?

are still
and debate.
MR. SUAREZ. That can be reasonably assumed.
Madam President, I ask that Commissioner Rodrigo
be recognized. Madam President.
MR. RODRIGO. What does the sponsor mean? The “inconsistent,” who will decide whether or not to
draft isready and shown to them before they sign. Now, change it?
who prepares the draft?
MR. SUAREZ. What probably would be the ultimate
MR. SUAREZ. The people themselves, Madam Pres- testof any particular proposal for the amendment of the
ident. Constitution under this system is its final presentation
to the Commission on Elections for submission in the
MR. RODRIGO. No, because before they sign there is plebiscite called for the purpose. Madam President.
already a draft shown to them and they are asked
whether or not they want to propose this constitutional MR. RODRIGO. Yes, but who will draft that pro-
amendment. posal?
Will the 2.5 million signatories have a hand in the
MR. SUAREZ. As envisioned, any Filipino can
it is
drafting of that proposal?
prepare that proposal and pass it around for signature.
MR. RODRIGO. Pass it around? MR. SUAREZ. Not necessarily, because this con-
templates a situation where the proposal will be ac-
MR. SUAREZ. Yes, Madam President. cepted by the required percentage. It does not require
that the signatories would be coauthors of that pro-
MR. RODRIGO. So it is possible it be by one man. posal. They only signify their conformity to it and this
ultimately will have to be submitted to the people for
MR. SUAREZ. One man or a group of men. ratification in a plebiscite called for the purpose. Madam
President.
MR. RODRIGO. A group of men or ordinary citizens The process of submitting the proposal for accept-
can prepare the draft and pass it around for signature. ance by the required percentage of voters is different
from submitting the accepted proposal for ratification
MR. SUAREZ. That is right, Madam President. by the people in a plebiscite.
MR. RODRIGO. And once they sign the draft, it is MR. RODRIGO. That is But if the National
correct.
They cannot amend it anymore.
final. Assembly (by a vote of three-fourths of its Members) or
a constitutional convention or constitutional commis-
MR. SUAREZ. Probably, they could. sion like ours makes the proposal, all the members
participate. In other words, the ones who propose
MR. RODRIGO. It is our experience right in this hall would study, debate, participate and vote on this.
that in proposing amendments we are very careful
about What if the ten percent of the electorate will propose
every word, even the comma. So, how can these 2.5
the amendment? Does the sponsor mean it is possible
million signatories participate in the drafting of the
that only one man or a group of men will draft the pro-
amendment?
posal and have it signed by the people without their
right to amend, revise or change it or participate in
MR. SUAREZ. The mechanical details could be
drafting it?
ironed out but substantially the democratic pro-
later,
cess will have to be followed; meaning, if a person has a
proposal for amendment, he has to market its accepta-
MR. SUAREZ. If 10 percent of the electorate signi-
bility among ten percent of the electorate.
fies its acceptance and conformity to the proposal sub-
mitted by one man, that is just beautiful. Madam Pres-
That is the general idea behind the introduction
of ident. That means that the proposal of that single in-
this particular section. dividual has been marketed for acceptability to the
required percentage of the electorate.
MR. RODRIGO. Madam President, this proposed
amendment will be distributed throughout the Philip- MR. RODRIGO. So in the final analysis, we can say
pines, in Luzon, Visayas and Mindanao. that this is a proposal not studied, neither drafted nor
participated in by the people through initiative because
MR. SUAREZ. Yes. initiative means the people act directly.
MR. RODRIGO. This may be prepared by one man MR. SUAREZ. One might accept that situation.
or a group of men who will gather signatures. The Madam President.
sponsor said that amendments may be proposed. How
can these be proposed? By 10 percent or 20 percent MR. RODRIGO. Now, Section 4 states:
of the electorate. Suppose somebody wants to change a Any amendment to, or revision of, this Constitution
word before signing the proposal, say, “obnoxious” to shall be valid when ratified by a majority of the votes cast
0
in a plebiscite which shall be held not earlier than sixty MR. RODRIGO. Let me go back to a previous ques-
days and not later than ninety days after the approval of tion. The Committee is not happy with, us say, 1 let
such amendment or revision. percent of the votes coming from only one region like
In the case of a proposal made by the National As-
Metro Manila.
sembly or by a convention, we know the date of its
approval. How about that of the 10 percent of the
MR. SUAREZ. Yes.
electorate? When is the date of approval? worded

MR. RODRIGO. But the way Section 2 is
now, that is possible and admissible.

MR. SUAREZ. That is which
a very relevant question
was taken up during the committee meeting this mor-
ning. The idea, Madam President, although we did not MR. SUAREZ. That situation is theoretically possi-
include it in the draft proposal, is that in the case of ble - that all of the 2.6 or 2.7 million registered voters
would come from one area, say, from Luzon or from
proposals submitted through initiative, the operative
period would be after the Commission on Elections has Metro Manila.
certified that the required number of registered voters
has been obtained. This was the suggestion, but we MR. RODRIGO. Yes. If it is the National Assembly
thought it was wiser to throw this matter to the body at that proposes the amendment, the whole Philippines
the appropriate time. is represented, is it not?
MR. RODRIGO. have another question. A consti-

I MR. SUAREZ. That is correct.
tution is supposed to be the act of the sovereign people
of the Philippines. The only requirement in this com- MR. RODRIGO. And a constitutional con-
if it is
mittee report is at least 10 percent of the electorate vention which proposes the amendment, the whole
must petition. Let us say 10 percent of the electorate Philippines is also presented.
of the whole Philippines petitioned but this 10 per-
cent came only from Metro Manila, would that be Madam President.
MR. SUAREZ. That is correct.
sufficient?
MR. RODRIGO. Whereas, if the people want to act

MR. SUAREZ. As it is envisioned, yes. Madam Pres-
Mindanao might nofbe
directly Luzon, Visayas and
ident, although again in the committee meeting this electorate who
represented at all in the 10-percent
morning, that situation was precisely explored and Constitution, that correct.
proposes to amend the is
ideas were given to the effect that at least a certain
percentage of the electorate from the provinces should
sign the proposal. There were suggestions that this per- MR. SUAREZ. That is correct.
centage could amount to something like five percent

from each province. Again, we leave this to the body to MR. RODRIGO. Thank you very much.
determine later on. ask that Commis-
MR. RODRIGO. Which body? sioner Sarmiento be recognized.
Commissioner Sarmiento is recog-

MR. SUAREZ. The Commission, Madam President, jhe PRESIDENT.
by way of amendment. nized.
I am happy
MR. RODRIGO. During the period of amendments. MR. SARMIENTO. Madam President,
on Amendments and Transitory
lat the Committee
the system of initiative as a
MR. SUAREZ. Yes, Madam President. -ovisions decided to retain
I made a survey of
ode of amending the Constitution.
discovered that 13 states
MR. RODRIGO. So, there will be a provision to that merican constitutions and I
as a mode of amending
effect in Section 2 of the proposed resolution? ovide for a system of initiative
California,
,e Constitution - Arizona, Arkansas,
MR. SUAREZ. of the Commission, Michigan, Missouri, N^raska,
If that is the sense olorado, Massachusetts,
Oklahoma and Oregon,
yes. Madam President. evada. North Dakota, Ohio,
for ordinary laws only is
used in Idaho,
he initiative
MR. RODRIGO. But nobody presents that amend-
if
Montana and South Dakota. So, I am
happy that
aine,
ment, does not the Committee think that that amend- Committee.
lis was accepted or retained by the
ment should be incorporated in this section? were raised
About the matter of drafting, questions
to who will draft the

proposals of the people. I hope
MR. SUAREZ. The Committee could very well ;
Committee and
submit that as a committee amendment for considera- ,is information will be of help to the
tion by the Commission. » the Commission.
.
In Alaska, the initiative petition is prepared by the MR. RAMA. Madam President.
lieutenant governor through a ballot title and proposi-
tion which summarizes the proposed law and he shall THE PRESIDENT. The Floor Leader is recognized.
place this on the ballot for their first statewide election
held more than 1 20 days after adjournment of the legis- MR. RAMA. I ask that Commissioner Bacani be
lative session following the filing of the proposal. If recognized.
before the election substantially the same measure has
been enacted, the petition is void. THE PRESIDENT. Commissioner Bacani is recog-
In the State of Colorado, the original draft or text nized.
of the proposed initiated constitutional amendments
and initiated laws is submitted to the legislative research BISHOP BACANI. Will the honorable sponsor yield
and drafting offices of the general assembly for review to two questions?
and comment. Not later than two weeks after sub-
mission of the original draft unless withdrawn by the MR. SUAREZ. With pleasure. Madam President.
proponents, the legislative research and drafting offices
of the general assembly shall render their comments to BISHOP BACANI. The first question is: Does the
the proponents of the proposed measure at a meeting sponsor think that proposing amendments to the Consti-
open to the public, which shall be held only after full tution is necessary?
and timely notice to the public.
Madam book
MR. SUAREZ. In view of recent developments and in
President, The American
a entitled:
order to give meaning and significance to the concept of
Federal Government’s Suffrage, Nominations and
people’s power, I would answer in the affirmative.
Elections has this paragraph on initiative and on the
matter of drafting a proposal:
Madam President.
The initiative is an electoral device through which an

BISHOP BACANI. In other words, one cannot look
individual or a group may propose statutory legislation or
forward to an effective way of proposing constitutional
constitutional amendments by securing the signatures of
amendments anymore if Section 2 is not adopted?
the requisite number of voters and may place the measure
before the electorate for adoption or rejection. The draft-
ing of such measures normally
MR. SUAREZ. Not necessarily, because we still have
done by interested groups
is
the two traditional methods of proposing amendments
or their attorneys. The number or proportion of signatures
to the Constitution under Section 1 paragraphs (a) and
required is set by law or constitution. ,
(b) of the resolution. Madam President.

I hope these points will be considered by the Com-
mittee on Amendments and Transitory Provisions.
BISHOP BACANI. Therefore, it is not necessary; it is
Two more points. Madam
President. Regarding the perhaps opportune at some time.
percentage of registered voters that will propose amend-
ments to the Constitution through initiative, I think I MR. SUAREZ. It could be necessary in a situation
agree with the first interpellator that this system of where the methods outlined under paragraphs (a) and
initiative should be made more difficult. (b) could not be utilized.
In the State of Arizona, the number of electorate
that can propose a legislative measure is 1 0 percent, but BISHOP BACANI. Thank you.
it is higher for those who will propose any amendment
to the Constitution. Maybe, since the Constitution is a MR. SUAREZ. An example of this would be if, say,
fundamental law, it is more serious than a legislative the National Assembly cannot muster the necessary
measure. So, we can increase the percentage to 15 three-fourths vote in order to constitute itself as a
percent as in the case of Arizona. constituent assembly or that the two-thirds vote re-
Madam President, Section 2 provides: quired for the calling of a constitutional convention
could not be obtained, in which event this extraordinary
The people may, after five years from the date of the
situation develops and a single individual can take it
last plebiscite held, directly propose amendments to this
Constitution. .
upon himself or herself to resort to the exercise of this
method of initiating an amendment to the Constitution.
What if the people feel that there should be an
And I recall at one time — I think it was Honorable Ople
amendment meet
a situation, does not the sponsor
to
who mentioned this — a gentleman, one single indi-
think this provision is quite stringent or strict? I ask
vidual, in the State of California who came up with
this question because Section 4 of the State Constitu-
a proposition, and succeeded in amending or heading
tion of Alaska provides that an initiative petition to
Proposition No. 13, which was accepted by the entire
proposed amendments to the Constitution may be filed
any time.
state. We are thinking along those lines.
Thank you. Madam President. BISHOP BACANI. Thank you.

The second major question is; Does this section allow possible that, in effect, what will be presented to the
for two or more groups concurrently getting signatures people for ratification iswork of the legislature
the
like, let us say, at a certain period, five groups may be rather than of the people? Does this provision exclude
trying to get signatures from 2,700,000 people on dif- that possibility?
ferent, maybe contradictory, proposals for amend-
ments? MR. SUAREZ. No, it does not exclude that possi-
bility because even the legislature itself as a body could

MR. SUAREZ. Yes, Madam President. It could even propose that amendment, maybe individually or col-
contemplate that the two different groups would be lectively, if it fails to muster the three-fourths vote in
submitting two different proposals which finally would order to constitute itself as a constituent assembly and
have to be submitted to the people for ratification in a submit that proposal to the people for ratification
plebiscite. through the process of an initiative.
BISHOP BACANI. Thank you. Madam President. FR. BERNAS. What I mean is: Does this procedure
allow the legislature to amend the formula which may
MR. SUAREZ. Thank you. have been presented?
MR. RAMA. Madam President. MR. SUAREZ. No, Madam President.
THE PRESIDENT. The Floor Leader is recognized. FR. BERNAS. It does not.
MR. RAMA. I ask that Commissioner Bernas be MR. SUAREZ. It does not contemplate that situa-
recognized. tion, definitely not.
THE PRESIDENT. Commissioner Bernas is recog- FR. BERNAS. Thank you. Madam President.
nized.
On another point, on Section 3, the last phrase says
to the
“submit the question of calling such a convention
FR. BERNAS. Madam President, just two simple notice that the word “electorate” is used.
electorate.” I
clarificatory questions. that a plebiscite or a
Earlier, the sponsor was saying
First, on Section 1 on the matter of initiative upon referendum can be held quite independently of an
petition of at least 10 percent, there are no details in election.
the provision on how to carry this out. Do we under-
stand, therefore, that we are leaving this matter to the MR. SUAREZ. Yes, Madam President.
legislature?
“electorate” was
FR. BERNAS. And when the word
MR. SUAREZ. That is right. Madam President.
used here, would the sponsor
not contradict his previous
statement?
FR. BERNAS. And do we also understand, therefore,
because when
that for as long as the legislature does not pass the
MR. SUAREZ. No, Madam President,
necessary implementing law on this, this will not voters who would
we speak of electorate, these are the
operate? or an election.
participate either in a plebiscite
MR. SUAREZ. That matter was also taken up during Madam President.
FR. BERNAS. Thank you.
the committee hearing, especially with respect to the
budget appropriations which would have to be legis- ask that Commis-
lated so that the plebiscite could be called. We deemed
sioner Aquino be recognized.
it best that this matter be left to the legislature. The
Gentleman is right. In any event, as envisioned, no Commissioner Aquino is recog-

amendment through the power of initiative can be THE PRESIDENT.
nized.
called until after five years from the date of the ratifi-
cation of this Constitution. Therefore, the first amend- sponsor yield to a
MS. AQUINO. Will the honorable
ment that could be proposed through the exercise of
after five years. It
few questions?
this initiative power would be is
reasonably expected that within that five-year period, Madam President.

pleasure,
the National Assembly can come up with the appro- MR. SUAREZ. With
priate rules governing the exercise of this power. that
MS AQUINO. Do understand from the sponsor
I
proposal is to vest constituen

FR. BERNAS. Since the matter is left to the legisla- e intention in the
)wer in the people to amend the Constitution.
ture — the details on how this is to be carried out — is it
MR. SUAREZ. That is absolutely correct. Madam MS. AQUINO. We understood that.
President.
MR. SUAREZ. Section 2 must be interpreted toge-
MS. AQUINO. I concur with the underlying
fully ther with the provisions of Section 4, except that in
precept of the proposal in terms of institutionalizing Section 4, as it is presently drafted, there is no take-off
popular participation in the drafting of the Constitution date for the 60-day and 90-day periods.
or in the amendment thereof, but I would have a lot of
difficulties in terms of accepting the draft of Section 2, MS. AQUINO. Yes. In other words. Section 2 is
as written. Would the sponsor agree with me that in the another alternative mode of proposing amendments to
hierarchy of legal mandate, constituent power has the Constitution which would further require the
primacy over all other legal mandates? process of submitting it in a plebiscite, in which case it
is not self-executing.
MR. SUAREZ. The Commissioner is right. Madam
President. •
MR. SUAREZ. No, not unless we settle and deter-
mine the take-off period.
MS. AQUINO. And would the sponsor agree with
me that in the hierarchy of legal values, the Constitu- MS. AQUINO. But as stated now, it is the process.
tion is source of all legal mandates and that therefore
we require a great deal of circumspection in the drafting MR. SUAREZ. It is.
and in the amendments of the Constitution?
MS. AQUINO. In which case, I am seriously bothered
MR. SUAREZ. That proposition is nondebatable. by providing this process of initiative as a separate
section in the Article on Amendment. Would the
MS. AQUINO. Such that in order to underscore the sponsor be amenable to accepting an amendment in
primacy of constituent power we have a separate article terms of realigning Section 2 as another subparagraph
in the constitution that would specifically cover the (c) of Section 1, instead of setting it up as another
process and the modes of amending the Constitution? separate section as if it were a self-ex ecu ting provision?
MR. SUAREZ. That is right. Madam President.

MR. SUAREZ. We would be amenable except that, as
we clarified a while ago, this process of initiative is
MS. AQUINO. Therefore, is the sponsor inclined, as
limited to the matter of amendment and should not
the provisions are drafted now, to again concede to the
expand into a revision which contemplates a total over-
legislature the process or the requirement of determin-
haul of the Constitution. That was the sense that was
ing the mechanics of amending the Constitution by
conveyed by the Committee.
people’s initiative?
MS. AQUINO. In other words, the Committee was
MR. SUAREZ. The matter of implementing this attempting to distinguish the coverage of modes (a) and
could very well be placed in the hands of the National (b) in Section 1 to include the process of revision;
Assembly, not unless we can incorporate into this whereas, the process of initiation to amend, which is
provision the mechanics that would adequately cover given to the public, would only apply to amendments?
all the conceivable situations.
MR. SUAREZ. That is right. Those were the terms

MS. AQUINO. In other words, the sponsor would be envisioned in the Committee.
amenable at the proper time to accommodate amend-
ments that would define or modify or amplify these MS. AQUINO. I thank the sponsor; and thank you,
provisions in Section 2 of this Article? Madam President.
MR. SUAREZ. Yes, Madam President. The Com- MR. SUAREZ. Thank you.
mittee would be delighted to accept reasonable proposi-
tions at the appropriate time. MR. RAMA. Madam President.
MS. AQUINO. On another point, do understand it

I
THE PRESIDENT. Yes, the Floor Leader is recog-
nized.
correctly that the provisions in Section 2 are not self-
executing in the sense that it would further require the
MR. RAMA. I ask that Commissioner Guingona be
procedure enunciated in Section 4; that is, notwith-
recognized.
standing the source of the proposed amendment, it
would have to be ratified by a majority of the votes cast THE PRESIDENT. Commissioner Guingona is recog-
in a plebiscite? nized.
MR. SUAREZ. Yes. MR. GUINGONA. Thank you. Madam President.

Will the distinguished proponent yield to a few ques- MR. SUAREZ. We took that into account when we
tions? came up with wording. In the contemplation that
this
there could be a continuing process of registration, the
MR. SUAREZ. Yes, Madam President. take-off period should be counted from the date of sub-
mission of the proposed amendment. The list of regis-
MR. GUINGONA. Before I ask my questions, I would tered voters that should prevail is the one existing at the
like to say that I concur with the view of Commissioner time of the submission of the proposal, not from the
Sarmiento that the 10 percent might, perhaps, be in- date of the last voting or plebiscite as the case may be.
creased to 1 5 percent for the reasons advanced by him.
In answer to the question of Commissioner Rodrigo, the MR. GUINGONA. Thank you.
sponsor spoke of the 10 percent as referring to signa- The last question may be a reversal to the supposition
tures obtained for this purpose. Am I correct? advanced by Commissioner Bacani that this proposal
about initiative might not be approved. I would say, I
MR. SUAREZ. Yes, Madam President. am assuming that it will be approved. I was thinking
that if this is to be approved, would it not be better that
MR. GUINGONA. I know there is a dispute going on the last portion of Section 3, lines 1 7 to 1 8, which I will
in one of the committees of this Commission as to read; **or by a majority vote of all its Members,
submit
whether or not illiterates should be allowed to vote. the question of calling such a convention to the elec-
Does this mean that this Committee has already made a torate ” be deleted if there is already the provision on
decision that, as far as this particular process is con- initiative because this is rather a cumbersome process as
cerned, illiterates would be excluded? pointed out by Dean Irene Cortez of the U.P.? We will
call a convention and there

will be, of course, the ex-
MR. SUAREZ. They would not be excluded because and then we
penses resulting from such a convention,
they could signify their conformity to the proposal in which is the ratifica-
will follow it with another exercise,
the manner outlined by law. tion after the proposal. I thought,
maybe, if initiative
Members of this
were to be accepted by the honorable
MR. GUINGONA. So, not necessary to require perhaps this portion might be
it is Commission, then
signatures only? removed.
I thank the sponsor; thank you. Madam President.
MR. SUAREZ. No, Madam President.
MR. GUINGONA. I see. Thank you. MR. SUAREZ. Thank you.

Speaking of initiative, the Committee on the Legisla-
tive headed by Commissioner Davide, of which I am a
member, has come up with a proposed provision which I Yes, the Floor Leader is recog-
THE PRESIDENT.
thought might be more appropriate in view of the
nized.
sponsor’s answer to the question of Commissioner
Bernas that the details of this matter concerning initia- Natividad be
MR. RAMA. I ask that Commissioner
tive will be left to the legislature; such matters, for
recognized.
example, as determining safeguards against any attempts
to violate the sanctity of the expression of the people’s Commissioner Natividad is recog-
will like bribery, questions on appropriation and so
THE PRESIDENT.
nized.
forth. The Legislative Committee has come up with a
proposal that the National Assembly shall provide for a Will the Gentleman yield?
system of initiative whereby the people may, after five
MR. NATIVIDAD.
years from the date of the last plebiscite held, directly Madam President.
propose amendments to this Constitution through ini- MR. SUAREZ. Yes,
tiative. I am not just using the words of the provision,

but I am applying them to the proposed provision on MR. NATIVIDAD. Thank you.
Section 1, reads.
other words, one distinction is that there is
initiative. In Paragraph (a).
this Constitution
a specific reference to the National Assembly or the XXX Any amendment to, or revision of,
legislature.
upon a vote of ,h,ee.fou«hs
(7byT£.ta,
MR. SUAREZ. Yes.
of all its Members.
legislature enact the
MR. GUINGONA. In the Committee’s proposed Will thisbe automatic or will the
to the people.
provision, there is no such reference. mabline legislation to be presented
Second, I was going to add the words UP TO REGIS- mean-
am did not get the full
TERED VOTERS the immediately preceding election
in MR. SUAREZ. I sorry I
to clarify which registered voters this provision refers to. ing of the question.
MR. NATIVIDAD. Suppose the National Assembly, MR. SUAREZ. That proposal or suggestion could be
by a vote of three-fourths of Members, proposes
all its taken up at the appropriate time during the period of
an amendment to the Constitution, will this need amendments.
legislation before a plebiscite can be held?
MR. NATIVIDAD. This is just to preserve the Consti-
MR. SUAREZ. As I understand based on historical
it, tution because I think we are beginning to develop a
precedence, the National Assembly will come up with a reputation of changing the Constitution too often.
proposition and then submit this to the people for How about Section 3? Where is this amendment?
ratification in a plebiscite called for the purpose.
MR. SUAREZ. It is in Section 2.

MR. NATIVIDAD. Has there been any instance in
this historical precedence that this has been delayed
MR. NATIVIDAD. Is this in Section 2?
because of lack of legislation?
MR. SUAREZ. I am
not aware of any such situation
in the past, Madam President. What I was only aware of MR. NATIVIDAD. In the case of recall, it has been
is the fact that time and again there were plebiscites said that if the percentageis 10 or 20 percent, it would
called and the people were screaming that they had not be inadvisable not to designate from what area it comes
been given the full opportunity to thoroughly discuss, because in the realities of politics in this country,
analyze and review the proposals submitted. most politicians have bailiwicks to rely upon — the
north, the south, the central of the country.
part
MR. NATIVIDAD. How about the previous Con- And a politician with a bailiwick can easily influence
Con? Was there any problem about enabling legisla- the mode of or initiative
recall or referendum. The big
tion? families, the dynasties, can easily sway and martial big
blocks of votes. So that in the case of recall, especially
MR. SUAREZ. No, we did not have any problem. in small towns, the requirement of 20 percent, if not
equitably distributed, would easily be collected and
MR. NATIVIDAD. I see. In Section 2, there is a raised by a politician who has a bailiwick.
phrase which reads: “after five years from the date of My Does the Committee find no objec-
question is:
the last plebiscite held.” Is this designed to prevent tion if of our country would raise this 1
a certain area
frequent amendments to the Constitution? percent and initiate an amendment to the Constitution,
or would it rather propose that this be equitably dis-
MR. SUAREZ. That is right. Madam President. It is tributed or spread out to make it more responsive? I
a measure to prevent too frequent amendments to the was just thinking of our debates in the old Congress and
Constitution which might result in the impoverishment the Batasan where the proposal of recall was met with
of the government. resistance precisely because if we follow the trend, it
will exacerbate a situation where there is too much
MR. NATIVIDAD. But Section 2 refers to a mode of politicking involving the law and the statutes in the
amendment by initiative only. Am I correct? Constitution of our country. So, is it the sponsor’s view
to let this pass without any equitable distribution? Is it
MR. SUAREZ. Yes, Madam President. acceptable to him as it is written now?
MR. SUAREZ. We pointed out a while ago that the

MR. NATIVIDAD. But suppose we apply this to all Committee would be amenable to propositions spread-
modes of amendments so that we prevent frequent ing out, as the Gentleman has defined it, the matter of
amendments to the Constitution that the powers-that-be the people’s participation even on the provincial level.
would like to undertake. What we have witnessed is that And we were thinking in terms of five percent from
the frequency of amendments to the Constitution is
each province as an example.
becoming a national sport.
MR. NATIVIDAD. Yes. I am putting up this view,
MR. SUAREZ. the Gentleman suggesting that the
Is Madam President, because of the realities of politics
five-year limitation period be applied equally to sub- and it might not achieve what the authors would like to
sections (a) and (b) of Section 1 ? achieve. At the proper time, we will present some
volunteered information. Madam President.
MR. NATIVIDAD. It should apply to all modes and
ways of amending the Constitution. Suppose we limit it MR. SUAREZ. Thank you.
to, say, once in every six years in order to prevent the
frequent amendments to the Constitution to suit the MR. RAMA. Madam President, I ask that Commis-
powers-that-be. sioner Maambong, the last speaker, be recognized.
THE PRESIDENT. Commissioner Maambong is With that reply, the next question would be: Instead
recognized. of causing the election of delegates, has the legislature
the power to just name the delegates to the constitu-
MR. MAAMBONG. Madam President, will the dis- tional convention?
tinguished sponsor yield to a few questions?
MR. SUAREZ. Under what provision would the
MR. SUAREZ. Yes, Madam President. Gentleman relate that?
MR. MAAMBONG. First of all, I would like to thank MR. MAAMBONG. I am following up the sponsor’s
the sponsor for clarifying his answer to my query last answer that when we talk of constitutional convention,
night. As it stands now, it is very clear to our mind that we are talking of elective delegates to the constitutional
the matter of calling a constitutional convention can convention. In other words, it negates the authority of
now be done not only by election but also by a plebi- the legislature to justname delegates to the constitu-
scite. This was also clarified in a clarificatory question tional convention without calling an election.
of Commissioner Bernas. I would also like to indicate
that it is now very clear in the Constitution that we have MR. SUAREZ. That is very obvious. Madam Pres-
such words as “revision” or “amendment,” which were ident.

not found in the 1935 Constitution. Previously, if I
recall correctly, in the case of Occena vs. COMELEC MR. MAAMBONG. Thank you. Madam President.
(G.R. 56350, April 12, 1981), the Supreme Court inter-
Since the legislature could not name delegates
with-
preted the word “amendment” to cover a thorough out calling an election, it also goes without
saying that
revision of the Constitution, but that was also clarified
the legislature cannot delegate the power to somebody
by Commissioner Padilla. name delegates to the constitu-
for that authority to
As premise to my question, I would like to associate tional convention?
myself with the concern of Commissioner Rodrigo
about the process we are now talking about because, as MR. SUAREZ. The Gentleman is right.
one authority puts it, the amending process of the

Constitution could actually avert a revolution by provid- MR. MAAMBONG. I thank the sponsor.
ing a safety valve in bringing about changes in the
Can the determine the number of delegates
legislature
Constitution through pacific means. This, in effect, convention?
to be elected to the constitutional
operationalizes what political law authors call the “pre-
scription of sovereignty.” There is one point which is
Yes, as they did in 1971. In the
1970
nagging my mind and, with the sponsor’s indulgence, I MR SUAREZ.
number to be
stated the
would like to have this clarified. This is the term “con- enabling law, they specifically
country.
stitutional convention.” understand that this was inter-
I 320 delegates from all over the
preted in the framing of the 1935 Constitution as it was
also interpreted in the framing of the 1973 Constitution MR MAAMBONG. Yes, Madam President. And no
by the 1971 Constitutional Convention. But 1 am afraid other body can determine the
number of elective dele-
that all these interpretations may not be acceptable in gates to the constitutional
convention?
the present exercise that we are doing. So my first ques-
tion is: When the decision to call a constitutional con- MR. SUAREZ. Yes, Madam President.
vention has been resolved by the people or the National
Assembly, is it not a fact that there should be an be my last question,
MR. MAAMBONG. This will
election of delegates to the constitutional convention? of delegates, does e
egarding the process of election
of the Supreme (^ôurt--
MR. SUAREZ. That what envisioned under this lonsor agree with the opinion
is is
of the Supreme
nd actually quoting this opinion
am
constitutional provision. Madam President. I
opinion of Justices 167
durt of Maine, U.S.A., in the
elect delegates to the
PL. 1 76 — that it is not valid
to
MR. MAAMBONG. And when we say, there should
upreme
institutional convention at large?
And the
be an election of delegates to the constitutional con-
vention, there should also be an enabling law not only ourt said and I quote:
for that purpose but also for the purpose of providing summoned by the legislature,
Although a convention is
It has ac-
funds therefor. it derives its
power from the sovereign people.
have as delegates those fair y
cordingly been the practice to
MR. SUAREZ. The Gentleman is right, although not subdivisions of the ta e.
representing the political
only in connection with the budgetary situation but also constitutional convention o
evident therefore that in every
in the number of the delegates to the constitutional have been chosen not
which we have knowledge, delegates
convention. the State.
at large but from various localities within
MR. MAAMBONG. Thank you. Madam President. Would the sponsor agree with that?
MR. SUAREZ. Yes. And that is exactly what hap- PERIOD OF AMENDMENTS
pened inconnection with the 1971 Constitutional
Convention, by districts and provinces. MR. RAMA. Madam President, I move that we pro-
ceed to the period of amendments.
MR. MAAMBONG. Forgive me, but I have one last
question: Will the sponsor agree that once the constitu-
tional convention is convened, the legislature has no

more control over it? The floor is open for amendments.
MR. SUAREZ. That is absolutely correct. Madam MR. RODRIGO. Madam President.
President.
MR. MAAMBONG. I thank the sponsor; thank you, nized.
Madam President.
MR. RODRIGO. I propose the following amend-
MR. RAMA. Madam President, for the last clarifica- ment: delete the whole Section 2.
tory question, I ask that Commissioner Lerum be recog- Madam President, this new provision is not necessary.
nized.
There no need for it. The present provisions of the
is
Constitution on the proposal for amendments to the

THE PRESIDENT. Commissioner Lerum is recog- Constitution are most satisfactory, very democratic.
nized.
This is done by either the National Assembly composed
of representatives elected by the people all over the
MR. LERUM. I just have one question. Philippines by a vote of three-fourths or by a constitu-
tional convention, again, composed of delegates elected
by all from all parts of the Philippines. And, usually,
these delegates are elected on the basis of their stand
MR. LERUM. Referring to Section 2 which provides
on certain constitutional issues.
for at least 10 percent of registered voters, who will
determine this 10 percent? Madam President, ours is a republican government
which means a representative government. This satisfies
MR. SUAREZ. The Commission on Elections, Madam the essence of democracy. I do not know why all of a
is why we were thinking in terms of using
President; that sudden we now insist on this reserved “people power.
as a take-off date the issuanceof a certification by the If we base it on thepeaceful revolution that is
EDSA
Commission on Elections that the required number of called “people power,” that is one event in our history
registered voters have indeed been obtained. which, I think, can hardly be repeated — bloodless
revolution that toppled the dictator. Now, we want to
MR. LERUM. Does it mean that the. petition itself use people power even in enacting laws and in proposing
should also be addressed to the Commission on Elec- amendments to the Constitution. Non sequitur. Madam
tions? President. It does not follow. There is no popular
clamor for this. I do not know that our people, because
MR. SUAREZ. I did not get the question. of the EDSA peaceful revolution, are now clamoring to
initiate constitutional amendments directly. There is no
MR. LERUM. What I mean is that after the 10-per- such clamor from the people. And so, why clutter
cent requirement has been obtained, will this have to be our Constitution with a provision that is untried and
submitted to the Commission on Elections also? impractical?
We are told that there are states in the United
some
MR. SUAREZ. That is what is envisioned. Madam States that follow this. But those are states in the
President. United States with less population than the Philippines.
And remember an archipelago. It
that the Philippines is
MR. LERUM. Thank you. is so difficult to go around and obtain 2,700,000 signa-
tures based on the 10-percent requirement; so, at 15

MR. SUAREZ. Thank you. percent, more than 4,000,000 signatures. After all, these
4,000,000 people who will sign that, if one can get
MR. RAMA. Madam President, since there are no them, are not the ones who prepared the proposed
more and there are no registered speakers
interpellators amendment. They do not even participate in the draft-
pro or en contra, I move that we close the period of ing of the proposed amendment. Maybe, only one man,
sponsorship and debate. as the sponsor said, or a group of men would prepare
this. And this would go around for signatures, and those
Is whose signatures are affixed cannot even modify or
The Chair hears none; the motion is approved. amend the proposed amendment.
It is so impractical, Madam President, to have this go THE PRESIDENT. Is it on the amendment of Com-
around the 7,000 islands in the country with so many missioner Rodrigo?
different dialects. Maybe, this proposed amendment has
to be translated in all the dialects. It is impractical. I
MR. RAMA. Yes, Madam President, on the amend-
think it is an exercise in futility. We will just clutter up ment of Commissioner Rodrigo, two Members have
our Constitution with a provision that will not, in any registered to speak against and I have requested that
way, be used. we divide the five-minute limit between the two of
them. So, I ask that Commissioner Tad eo be recognized
Madam President, we are here as a Constitutional fortwo minutes.
Commission. We have a time constraint. Our aim is to go
back to normal constitutional democracy as soon as THE PRESIDENT. Commissioner Tadeo is recog-
possible. Let us not go into controversial matters like nized.

this which can hardly be understood by our people
MR. TADEO. Madam President, alam naman natin na
who, after all, are the, ones who are going to either ay ang people power.
ang nagsampa sa Cory government
go to the basics.
ratify or reject this Constitution. Let us
At kaya naririto ngayon ang Con-Com ay dahil sa
Let us not depart radically from what we have found to punung-puno
people power. Noong pumunta tayo rito,
be satisfactory in our country for the last half-century i-institutiorialize
ang ating damdamin kung paano natin
or more than half-century, and that is the republican sa Saligang
ang people power. Paano natin ito ilalagay
form of government — a government run by duly-elected magawa natin para
Batas? Dalawa ang kinakailangang
representatives of the people. This is practical. It is not people power, para ito
magkaroon ng laman at dugo ang
perfect, but it is the best kind of government that we paraan? Kmakaila-
ay hindi papel lamang. Sa paanong
know. political power;
ngang bigyan natin ang mamamayan ng
Thank you very much. people power ng eco
kinakailangang bigyan natin ang
nakita natin para magka-
nomic power. Ano ang isang
MR. RAMA. Madam pamamagitan ng multi-
President. roon siya ng political power? Sa
kung saan sina-
party system na pinirmahan noong 17,
THE PRESIDENT. amendment accepted by ay para doon
Is the sabi natin, yung 250, ang liniampu ^
the sponsor? multisectoral. Alam na maliit pa lyan, -0 percent
natin
dekorasyon lyan. Ano
lang iyan. Maaaring maging isang
magbigay sa mga tao
MR. SUAREZ. The Committee regrets that it cannot pa ang nakikita natin na pwedeng
natin, ang maga
accept the amendment by deletion submitted by the ng political power? Ang sabi
ang system of recallj
Honorable Rodrigo. First, we want to provide a mecha- dang nakita namin sa UP draft ay
anong ibig sabihin na
nism that is very responsive to the sentiments of the and system of initiative. Ngayon,
sa sinabi ng aking a
a ay n
people. Second, the fact that it is supposed to be im- ito ay impractical ayon
practical is fallacious in the sense that, if a situation si Commissioner
Rodrigo?
develops where the mechanisms provided under Section Kilusang Magbubukid ng Pilipinas
Kamukha ng
1 (a) and (b) could not be fully implemented in this
(KMP) kami ay isang pambansang organization. Ang
wise, a time may come when in spite of the clamor of iiral sa "agîca
a, ™aj_-
lysS of initiative a/wo„g sec or
the people for proposing amendments to the Constitu-
gagawa na siyang pinakamalaking p kami av
tion, the National Assembly may not be able to muster political power. S^pagkat kam^^^^^
fiya ng tinatawag na
enough votes in order to constitute itself as a consti- pambansa, mayroon kaming „ grup
erupo
individual o ilang
.
tuent assembly or to call a constitutional convention. jj
Hindi po yung sinasabi niyang militan-
So, in that sense, it is a very practical avenue or safety tinatawag na tunay na
rana ng tao kundi ang
valve which is available to the people. And with respect
Kilusmig Magbubukid ng
ienl
to the third ground we should go back to the basics organization, may
kaming pang-regional na
of the Constitution. This is basic; this is fundamental Northeastern
because it emanates from the people. It is a direct
Central Luzon,
Mindanao. At ang nakikita lamang
na ^^g-
i
‘
^
representation made in behalf of the people. And so, it |,„otavvae na
power ay
dadagdag sa aming political f"g/'"^7?rac-
ku^d prac^
is fundamental right that finds expression in this
a impract.ca
system of initiative. Hindi
ito
system of initiative. So, we regret that we cannot accept division,
tinatawag ."^
tLl. Tinututulan ko ang
the proposed amendment. We would rather that this be system of ini i
k'inakflilflnffane manatili ang
submitted to the floor for consideration.

THE PRESIDENT. Is there any other speaker for the
recognized.
amendment? THE PRESIDENT. The Floor Leader is
Commissioner Gascon be
MR. RAMA. Madam President, there are two speakers MR. RAMA. I ask that
en contra. recognized.
THE PRESIDENT. Commissioner Gascon is recog- MR. RAMA. I ask that Commissioner Davide be
nized. recognized for another amendment.
MR. GASCON. Thank you, Madam President. THE PRESIDENT. Commissioner Davide is recog-
I would also like to express my
objection to the nized.
amendment of Commissioner Rodrigo on the following
grounds; First, we are trying to create a republican MR. DAVIDE. Thank you. Madam President.
state which is supposed to be a representative govern-
I propose to substitute the entire Section 2 with the
ment. Second, according to Commissioner Rodrigo this
SECTION 2. - ANY AMENDMENT TO
following:
proposal of initiative is impractical. First and foremost,
THIS CONSTITUTION MAY LIKEWISE BE DIRECT-
I would like to remind him that what we are doing here
LY PROPOSED BY THE PEOPLE THROUGH INITIA-
is also a basic affirmation of the fundamental will — that
TIVE UPON A PETITION, DULY VERIFIED BEFORE
power emanates from the people. We are now expressing THE COMMISSION ON ELECTIONS OR ANY OF ITS
our will to put initiative in the Constitution because of REGISTRARS, OF AT LEAST TEN PERCENT OF
the people power’s revolution at EDSA. THE TOTAL NUMBER OF REGISTERED VOTERS
AS OF THE IMMEDIATELY PRECEDING NATION-
I would remind this body that even the
like again to
AL ELECTION, OF WHICH EVERY LEGISLATIVE
basic issue of establishing agovernment is people power; DISTRICT MUST BE REPRESENTED BY NOT LESS
we are trying to establish a government for the people, THAN TWO PERCENT THEREOF. THE PETITION
of the people and by the people. So it must be re-
SHALL BE FILED WITH THE COMMISSION ON
sponsive to them. I feel that through this process of
ELECTIONS WHICH SHALL FORTHWITH TRANS-
initiative, we assert that the power of the government
MIT THE PETITION TO THE NATIONAL ASSEM-
emanates from the people and that the people’s will
BLY. THE NATIONAL ASSEMBLY SHALL, NOT
must prevail. Because of such, I would like to support
LATER THAN THIRTY DAYS FROM RECEIPT
the basic principle that initiative must be enshrined in
THEREOF, ENACT A LAW SUBMITTING THE PRO-
the Constitution. It is not an exercise in futility because
I have faith in our people. In our long history of struggle
POSED AMENDMENT TO AND APPROPRIATING
for national independence and social change the people
FUNDS FOR A PLEBISCITE.
have shown their decision and definitiveness to fight for NO AMENDMENT UNDER THIS SECTION SHALL
what is right. The people themselves can decide when- BE AUTHORIZED WITHIN FIVE YEARS FROM THE
ever they wish to, especially on matters pertaining to APPROVAL OF THIS CONSTITUTION NOR OFTEN-
the Republic or the State which they claim to represent. ER THAN ONCE EVERY FIVE YEARS THERE-
AFTER.
In reality there have been many cases where the rep-
resentatives have only been the target and have only
expressed the interest of their particular class. As such I
would like to express my objection. THE PRESIDENT. The session is suspended for a few
minutes in order to give the sponsor time to go over the
MR. RAMA. Madam President, I move that we vote proposed amendment.
on the amendment of Commissioner Rodrigo.
MR. SUAREZ. We appreciate that. Madam President.
VOTING It was 4:33 p.m.
THE PRESIDENT. We will now vote on the amend-
ment of Commissioner Rodrigo which is to delete Sec- RESUMPTION OF SESSION
tion 2 in the revised resolution submitted by the hon-
orable sponsor this afternoon. At 4:59 p.m., the session was resumed.
Those in favor of the amendment of Commissioner THE PRESIDENT. The session is resumed.
Rodrigo will please raisetheir hand. (Few Members
raised their hand.)
Those against, please raise their hand. (Several Mem-
bers raised their hand.) THE PRESIDENT. The Floor Leader is recognized.
amendment is lost. (Applause) MR. RAMA. I ask that Commissioner Davide be
recognized.
THE PRESIDENT. The Floor Leader is recognized. nized.
MR. DAVIDE. Madam President, I have modified voting? Under the Commissioner’s amendment, would
the proposed amendment after taking into account the legislature be allowed to set forth such a pro-
the modifications submitted by the sponsor himself cedure?
and the honorable Commissioners Guingona, Monsod,
Rama, Ople, de los Reyes and Romulo. The modified MR. DAVIDE. It can.
amendment in substitution of the proposed Section 2

will now read as follows; “SECTION 2. - AMEND- MR. ROMULO. Under those systems, if the proposi-
not accepted
by the attorney-general
MENTS TO THIS CONSTITUTION MAY LIKEWISE tion as stated is
by the proponents, they are allowed to go to court to

BE DIRECTLY PROPOSED BY THE PEOPLE
of proposition.
THROUGH INITIATIVE UPON A PETITION OF AT challenge his submission their
LEAST TWELVE PERCENT OF THE TOTAL NUM-

MR. DAVIDE. The proponents can, if the legislative
BER OF REGISTERED VOTERS, OF WHICH EVERY
body leave that particular matter to another
LEGISLATIVE DISTRICT MUST BE REPRESENTED will really
BY AT LEAST THREE PERCENT OF THE REGIS- body.

TERED VOTERS THEREOF. NO AMENDMENT COMELEC who
UNDER THIS SECTION SHALL BE AUTHORIZED MR. ROMULO. In this case it is the
will put it in proper form.
WITHIN FIVE YEARS FOLLOWING THE RATIFICA-
TION OF THIS CONSTITUTION NOR OFTENER MR. DAVIDE. No, it is already silent.
THAN ONCE EVERY FIVE YEARS THEREAFTER.
THE NATIONAL ASSEMBLY SHALL BY LAW MR. ROMULO. No, but it says “shall be submitted
PROVIDE FOR THE IMPLEMENTATION OF THE to the COMELEC.”
EXERCISE OF THIS RIGHT.” was
MR. DAVIDE. That was the original proposal; it
MR. SUAREZ. Madam President, considering that the already deleted.

proposed amendment is reflective of the sense contained amendment
MR. ROMULO. But the Commissioner’s
inSection 2 of our completed Committee Report No. 7, asking another
does not prevent the legislature from
we accept the proposed amendment. proper form.
body to set the proposition in
THE PRESIDENT. Are we ready to vote on this

DAVIDE. The Commissioner correct. In other
proposed amendment?
MR is
would
vords, the implementation of this particular right
the legislature cannot
)e subject to legislation, provided
MS. AQUINO. Excuse me. Madam President. May we onA/mrtrp the. nercentagc of the requirement.
request written copies of Commissioner Davide’s amend-
ment so that we can adequately decide on it? But the procedures, including
the
MR ROMULO. submission to the
determination of the proper form
for
MR. DAVIDE. We will request the Secretariat to pre- subject to legislation.
people, may be
pare typewritten copies.
the sub-
IR DAVIDE. As long as it will not destroy
THE PRESIDENT. The sponsor will please furnish a
tive right to initiate. In
other words, none of the
copy to the Secretariat. In the meantime, can we legislative body must
:edures to be proposed by the
X
proceed with other amendments, if there are any?
• 1
MR. RAMA. Madam President, I ask that Commis-

ROMULO In that provision of
the Constitution
sioner Romulo be recognized. discussed be legislated?
have
procedures which I
THE PRESIDENT. Commissioner Romulo is recog- MR. DAVIDE. Yes.

nized.
MR. ROMULO. Will Commissioner Davide yield to a
recognized.
THE PRESIDENT. The Floor Leader is
few questions regarding his amendment?
Natividad be
MR. DAVIDE. Gladly, Madam President. MR. RAMA. I ask that Commissioner
given the floor.
MR. ROMULO. Under Commissioner Davide’s recog-
amendment, THE PRESIDENT. Commissioner Natividad is
is it possible for the legislature to set forth
certain procedures to carry out the initiative, as in some nized.
American states where the proposition is normally sub- Commis-
President, will
mitted to the state attorney-general who puts it in MR. NATIVIDAD. Madam
proper form before it is submitted to the people for sioner Davide yield?
MR. DA VIDE. Willingly, Madam President. MR. NATIVIDAD. That is my proposal. If the Com-
missioner is willing to make the initiative pegged to five
MR. NATIVIDAD. Is Commissioner Davide willing or six years, I feel that there would be no basis for us
to consider a possible amendment amendment?
to his not to make this applicable to the legislature also. But,
This amendment is brought about by comments I read as the distinguished sponsor said, the idea here is not to
from a book from PHILCONSA on constitutional and embark into frequent amendments of the Constitution.
policy issues and it is based on the comments of a
certain Fortunato de Leon who recommends that the MR. DAVIDE. By initiative.
Constitution, in order that it will not fall into the hands
of the powers that be, should only be amended no MR. NATIVIDAD. By but not by any
initiative, yes,
oftener than once in six years. other means as what the sponsor said, if it is accepted
that the Constitution is not supposed to be changed as
I would also premise my question by reading the
often as a law. So, if we accept that postulate, then,
comments of our own colleague here. Chief Justice
perhaps we should consider that if we limit the exercise
Concepcion. His article entitled, “The Constitution and
of initiative we can also limit the exercise of the other
The Proposed Amendments Thereto” states and I
quote:
modes of amending the Constitution. If our purpose
now is to indicate through these amendments that our
A Constitution is not only a legal document, not merely
Constitution should not be tampered with very often as
a covenant between the people of a democratic society like had been done, then this is the time to do it. The prob-
ours. It is a symbol of the unity of the people; it is a rally-
lems confronting the nation are easUy addressed by
ing point for them as a nation. If the Constitution is to re- law. It is not necessary that at any given time we may
tain this role as the rallying point for the people, it should tamper with the Constitution.
not be touched except when absolutely necessary or when
there is no other possible choice.
So, propose to change “5” to ^ years so that if the
I
final decision of the Commission would be a six-year

A Constitution that does not suffer many changes ac- term for the President, then this will dovetail the six-
cumulated in the course of time, a mass of customs, tradi- year term of the President and it will work as guideline
tions and practices tending to impart to the people the feel-
that the Constitution will not be amended more than
ing that their nation has a solid foundation; that it is strong once during the term of the President.
enough to withstand the buffetings of the ages. A Constitu-
tion should not be amended, unless the people feel that
MR. DAVIDE. Madam President, I have no objection
their welfare would otherwise be in imminent danger of
to that proposal, provided we preserve the proposal that
serious impairment.
a similar prohibition shall be imposed upon the National
My proposal is that instead of five years could it be Assembly in calling a constitutional convention or pro-
six years as proposed by the eminent authors hereof? posing an amendment. So probably the Commissioner
may introduce an amendment to that effect.
MR. DAVIDE. The Committee has already accepted
the individual amendment. Personally, I do not think MR. NATIVIDAD. Madam President, in that case,
that one year would make a lot of a difference. What is may I address this amendment to the distinguished
one year among friends? As a matter of fact, since the sponsor?
National Assembly is also authorized to propose amend-
ments by a vote of three-fourths of its members or to THE PRESIDENT. The Commissioner may proceed.
submit the question of calling a constitutional conven-
tion by a majority vote, amendments may actually be MR. NATIVIDAD. If it is seasonably proper, may I
more frequent than once every five years. We are limit- then propose an amendment to Section 1. On line 7,
ing the right of the people, by initiative, to submit a after the word “proposed,” delete the colon (:) andjin
proposal for amendment only, not for revision, only lieu thereof, put a comma (,) and add the following
once every five years. But we cannot prevent the legis- words: BUT NOT MORE OFTEN THAN EVERY SIX
lature from proposing amendments as often as it would (6) YEARS FROM THE DATE OF THE LAST PLEBI-
want to under its authority by a vote of three-fourths SCITE.
and also its authority to submit the question of calling
a convention to the people.
The whole section will read: “Section 1. Any amend-
ment to, or revision of, this Constitution may be pro-
posed, BUT NOT MORE OFTEN THAN EVERY SIX
MR. NATIVIDAD. If it is the sense of the Constitu-
(6) YEARS FROM THE DATE OF THE LAST PLEBI-
tional Commission, I think we may, if we have been SCITE.”
given a frame of reference to the power of initiative.
MR. SUAREZ. The Committee suggests that the
MR. DAVIDE. If at all we should limit the period for amendment be submitted to the floor for consideration.
the submission of an amendment, it should also be made
applicable to amendments proposed by the legislature. MR. NATIVIDAD. Thank you.
.
My amendment is to change “5” to 6 years to dove- posed, BUT NOT MORE OFTEN THAN EVERY SIX
tail the six-year term of the President. (6) YEARS FROM THE DATE OF THE LAST PLEBI-
SCITE.”
THE PRESIDENT. The idea is also to limit the
authority of the National Assembly to propose amend- VOTING
ments to the Constitution.
THE PRESIDENT.Those in favor of the proposed
MR. NATIVIDAD. Yes, Madam President, in line amendment of Commissioner Natividad will please raise
with the suggestion of the distinguished proponent of their hand. (Few Members raised their hand.)
the amendment. Those against, please raise their hand. (Several Mem-
bers raised their hand.)
in favor and 25 against; the
The results show 6 votes
THE PRESIDENT. Commissioner Padilla is recog-
amendment is lost.
nized. Is there any other proposed amendment?
MR. PADILLA. Madam President, before we take up MR. RAMA. Madam President, I ask that Commis-
the proposed amendment of
having years instead of ^ sioner Padilla be recognized.
“5” years, I intend to ask the sponsor of the amend-
ment some questions. Thereafter, the proposed amend- Commissioner Padilla is recog-
THE PRESIDENT.
ment of Commissioner Natividad to the amendment of nized.
Commissioner Davide may then be considered.
MR. PADILLA. Thank you. Madam President.
THE PRESIDENT. Actually, the amendment of Com- Commissioner Davide,
missioner Natividad is on Section 1, while that of Com- Will the distinguished sponsor.
missioner Davide is on Section 2. Is that correct? yield to a few questions?
he so desires.
MR. PADILLA. Madam President, but we are talking THE PRESIDENT. He may, if
of Section 2. Madam President.

MR. DAVIDE. Very gladly.
MR. SUAREZ. That was deferred. has submitted its

MR. PADILLA. The Committee
iginal report which made
reference to Section P^‘
THE PRESIDENT. So, it is now Section 1 where
which states: “directly by the people them-
aph (c)
Commissioner Natividad proposing an amendment. for in Article VIII,
thru initiative as provided
is
Ives
But since it was ^X'
!Ction 27 of the Constitution.”
MR. PADILLA. I did not know that it was deferred. I refers to ordinary legislation
ained that the initiative
wanted to ask some questions regarding the amendment the Committee on Amend-
by substitution.
•
the National Assembly,
2 which is now sought
ents had to introduce Section
THE PRESIDENT. We will have that later on. be amended by substitution.
percent
notice that we have 10
the proposed amendment of Commissioner Nativi-
Is I
percent, "ega^
dad acceptable to the honorable sponsor? ught to be increased to 12
would
sion.
MR. SUAREZ. As we suggested a while ago, we
rather that the matter be decided by the Commis-
dinary legislation, the
oposed a 10-percent
e people. Does not the
ould reduce the 10-percent
Committee
requirement
on
for
Commissioner Relieve
requ“’®"ient
^
Oiatjê
P JP
^ .
initiating legislation
rather
THE PRESIDENT. Does Commissioner Natividad j2 per-
lirement for constitutional
insist on his amendment? Then, let us put it to a vote. the Committee on me
the
nf> In other words, since amendment
f iiQc in nercent theme p proposed
Commissioner Natividad kindly
Will repeat his pro- •
jgislative has
1
10 percent, nercent for ^
percentage, which P
posed amendment on Section 1? )W is for a higher
:onstitutional amendment.
MR. NATIVIDAD. My amendment is to delete the
colon (:) after the word “proposed” on line 7, and in
MR. davide. A distinction has to be
comma
and add the following:
thereof, put a proposal, what is m
lieu (,) ason that under this ^
BUT NOT MORE OFTEN THAN EVERY SIX (6) aendment to the ° the National
by
YEARS FROM THE DATE OF THE LAST PLEBI- jn would ordinarily require
a ProP®^'
âll a
SCITE. ssembly by a vote of threeTou^
"hVher
g num-
mstitutional convention
would
The section will now read: “Section 1. Any amend-
the issue of calling
ment to, or revision of, this Constitution may be pro- :r. Moreover, just to submit
constitutional convention, a majority of the National MR. PADILLA. We recognize that an amendment to
Assembly is required, the import being that the process ordinary legislation is different from an amendment to
of amendment must be made more rigorous and dif- the Constitution. But what I am wondering about is, if
ficult than probably initiating an ordinary legislation or in the provision on the National Assembly there is
putting an end to a law proposed by the National As- already the phrase “a petition signed by at least 10
sembly by way of a refêrendum. I cannot agree to percent of the registered voters in the immediately
reducing the requirement approved by the Committee preceding elections” and there are no further specifics
on the Legislative because it would require another or details for its implementation, why should not the
voting by the Committee, and the voting was precisely same percentage of registered voters with regard to an
based on a requirement of 1 0 percent. Perhaps, I might amendment to the Constitution be followed without all
present such a proposal, by way of an amendment, these specifics or details?
when Commission shall take up the Article on the
the
Legislative or on the National Assembly on plenary MR. DA VIDE. Madam President and Mr. Vice-
sessions. President, actually, the proposal on initiative and
referendum in the proposed Article on the National
Assembly would also lead to ordinary legislation, the
MR. PADILLA. Thank you.
mechanics, the manner and even the exceptions thereto.
We
agree that there must be a greater percentage for The only requirement that is mandatory upon the legis-
an amendment to the Constitution, and a lower per- lature is on the number of signatures in a petition for
centage for an amendment to ordinary legislation. The initiative or a petition for referendum. So, we have
Article on the National Assembly or the Legislative will parity already. Here, we leave it to the National As-
be an anterior suppose, whereas
article. Article VIII, I sembly to implement the exercise of the right, and in
the Article on Amendment will be subsequent. Article the Article on the National Assembly, a legislation is
VI. I notice that the committee report on the legislature also necessary to implement the concept of initiative
mentions a petition signed by at least 1 0 percent of the and referendum.
registered voters in the immediately preceding elections.
However, I do not see in this report on the legislature
any particulars as to whether the signatures will be veri-
MR. PADILLA. Do I understand that under Section
27 of the committee report on the National Assembly,
fied by the COMELEC and then referred to the National
this phrase “at least 10 percent of the registered voters
Assembly for action, and then for providing appropria-
in the immediately preceding elections” will be deter-
tions, et cetera. Does not the Commissioner believe that
if such procedural details are necessary for a proposed
mined by the National Assembly regardless of any
action to be taken by the COMELEC?
amendment allowing the people, through initiative, to
amend or even repeal an ordinary legislation, which will
appear at the earlier part of the Constitution, such MR. DA VIDE. That requirement will be mandatory
details should be included in the Article on National As-
in the law to be enacted by the legislature to implement
sembly? Hence, if all those details are necessary even the right of initiative and referendum. It was also the
sense of the Committee that the matter of requîng a
for the proposed amendment of the Constitution by ini-
certain percentage of the total number of votes in any
tiative of the people, then we can just make reference
given areas within the 10-percent requirement should
to Article VIII, Section 27 of the report on the National
be provided by law.
Assembly. In other words, what I wish to say is that if
all those details are necessary, why do we not insert
ask that Commis-
them in an anterior article, so that if
those details can
sioner Maambong be recognized.
be referred to by reference, they do not have to be
repeated in a subsequent article?
recognized.
MR. DA VIDE. We appreciate the proposal. However,
we feel that in the matter of authorizing the people to MR. MAAMBONG. Madam President, will the dis-
initiate an amendment to the Constitution, the proper tinguished proponent of the amendment yield to a few
situs for that would really be the Article on Amend- questions?
ment. We will clearly distinguish between the right of
the people in proposing an ordinary legislation and that MR. DAVIDE. With pleasure. Madam President.
in proposing amendments to the Constitution which
would become a constituent function, not just an or- MR. MAAMBONG. My first question: Commissioner
Davide’s proposed amendment on line refers to
dinary legislative function. The mere fact that this may 1
come later in the Constitution does not mean that this “amendments.” Does it not cover the wordrevision
will repeal a previous provision under the National As- as defined by Commissioner Padilla when he made the
sembly because the two concepts are entirely distinct distinction between the words amendments
* and
and separate from one another. “revision”?
MR. DA VIDE. No, it does not, because “amend- tinguished sponsor who accepted this amendment
ments” and “revision” should be covered by Section 1. should perhaps think this over considering that one
So insofar as initiative is concerned, it can only relate district could defeat the intention of the whole country.
to “amendments” not “revision.” Thank you very much. Madam President.
MR. MAAMBONG. Thank you.

MR. DAVIDE. Madam President, actually, the original
The second point there is a time frame on line 5 to
is, proposal of this Member was only two percent, but by
line 8. Is it the intention of the proponent that this time way of amendment, there were modificiations made by
frame will only apply to amendments by initiative and other Commissioners. So, I yielded to the collective
not to the other forms of amendments found in the wisdom of those who wanted to make a modification on
other parts of the section? the requirement.
MR. DA VIDE. The Commissioner is absolutely MR. RAMA. Madam President.

correct.
MR. MAAMBONG. As far as I am concerned, this last
point is a very worrisome problem. indicated on ask that Commissioner Monsod be
It is
MR. RAMA. I
lines 2 and 3 that:
recognized.
. . . upon petition of at least 12 percent of the total num-
ber of registered voters, of which every legislative district THE PRESIDENT. Commissioner Monsod is recog-
must be represented by at least three percent of registered nized.
voters thereof.
contemplate a scenario of this nature on the as-

I
MR. MONSOD. Thank you.
sumption that the 12 percent is not nationwide, such Will the proponent yield to some questions?
that when we say we have 200 legislative districts, that
is only an assumption. In one district for example, the MR. DAVIDE. Willingly, Madam President.
7th District of Cebu from where I come, less than three

percent of the votes cast is in favor of this amendment. MR. MONSOD. I have just two clarificatory ques-
Would it mean that even though we get more than 12 tions.
percent and that one district votes less than three per- on the interpretation that the first peti-
The first is
cent, the amendment through initiative is lost?
tion can be filed after five years.
Am I right.
MR. DA VIDE. That is correct. The entire proposed five years from
MR. DAVIDE. The first limitation is
amendment will be lost, but I doubt very much if in the ratification of this Constitution.
the 7th District of Cebu where the Commissioner might
be the Assemblyman by then, he will not be able to sentence says
right; since the
MR. MONSOD. That is
obtain more than three percent because that would, be not oftener than once, can
“every five years thereafter”
a very critical issue. He has to support it; otherwise, he year?
there be another one on the sixth
will lose the support of his people.
MR. DAVIDE. There can be; but between the sixth
MR. MAAMBONG. The point here is really academic. have one.
and the tenth year, we can only
By way of academic discussion it is, therefore, possible
for an amendment to be acceptable even by 50 percent
MR. MONSOD. That is right. So, we can have one on
of the whole nation, but it can be lost just because the on the eleventh.
the sixth and one
leader in a certain legislative district strongly opposes it.
Is that the intention of the proponent? MR. DAVIDE. It can be done; the second may be on
the eleventh year.
MR. DAVIDE. That would reallybe the effect
because we would like that the 10 percent be truly MR. MONSOD. My second question is; Is the Com-
representative of all districts and that is why we require mission on Elections envisaged to be the
body that will
a certain percentage of the registered voters in any given pass on the authenticity of the
signatures?
district or in all districts. So, anyone campaigning for an
for in a law by
amendment through initiative must see to it that he will MR. DAVIDE. That may be provided
have more than three percent in all the representative the National Assembly for the implementation of the
districts, do not fear that this proposal can easily
and I exercise of this right.
be -supported by at least three percent because we have
the contending political parties thereat. MR. MONSOD. Thank you.
ask that Commis-
MR. MAAMBONG. Without presenting any specific MR. RAMA. Madam President, I
amendment, I suggest that the proponent and the dis- sioner Rigos be recognized.
THE PRESIDENT. Commissioner Rigos is recog- MR. RAMA. I ask that Commissioner Rodrigo be
nized. recognized for one question.
REV. RIGOS. Madam President, I would like to file a THE PRESIDENT. Commissioner Rodrigo is recog-
motion to amend the proposed amendment of Commis- nized.
sioner Davide: namely, that we eliminate or delete the
last sentence of the first “NO
paragraph which reads: MR. RODRIGO. I move to delete the portion limiting
AMENDMENT UNDER THIS SECTION SHALL BE my question to one.
AUTHORIZED WITHIN FIVE YEARS FOLLOWING Will the Gentleman yield?
THE RATIFICATION OF THIS CONSTITUTION NOR
OFTENER THAN ONCE EVERY FIVE YEARS THE PRESIDENT. The Gentleman may yield, if he
THEREAFTER.” If we are not willing to limit the Na- so desires.
tionalAssembly in making the necessary amendments,
the more reason we should not limit the people in MR. RODRIGO. The proposed amendment says that
making the necessary amendments any time they think of at least 1 2 percent of the total number of
a petition
amendments are needed. registered voters is required. Is it possible that two
national groups, let us say, two national political groups
MR. DAVIDE. Madam President, the only amend- or two nationwide labor organizations, campaign for
ment of this Member on this matter is the initiative two inconsistent amendments and both of them get
calling for amendment after the first five years. Insofar more than 12 percent and both amendments also get at
as the first five years concerned, that was an original
is least 3 percent in every legislative district.
proposal of the Committee. Insofar as that portion of
the proposal covered by my original amendment is con- MR. DAVIDE. It should be done simultaneously
cerned, it is with deep regret that I cannot accept the because if it would be one after the other within a
proposal. That might even be divisive because every year period of five years following the first five years after
people might be campaigning for a proposed amend- the ratification, then it cannot be done.
ment. It will really destroy the sense of stability of a
constitution. It is enough that we recognize that right to MR. RODRIGO. Yes, simultaneously, one organiza-
be exercised by them at least once every five years. tion senses or knows.
MR. DAVIDE. Two or three or four amendments can

REV. RIGOS. Madam do not see the
President, I
be proposed simultaneously but it can only be submit-
logic in giving full freedom to the National Assembly
in ted to a plebiscite once every five years.
making the necessary amendments, and yet limiting the
people to every five years. It seems to me that I will ask
MR. RODRIGO. What happens
the House to vote on this proposal. if four inconsistent
amendments get more than 1 2 percent?
MR. SUAREZ. Since the amendment to the amend- MR. DAVIDE. In other words, both amendments
ment has not been accepted by the proponent, may we
qualify with the requirements and numbers.
request a vote on the matter. Madam President.
MR. RODRIGO. I was starting with only two amend-
ments but the Gentleman said it is even possible to have
VOTING four. What will be done with those four amendments, all
THE PRESIDENT. For clarification, the;amendment of which qualify under this section?
of Commissioner Rigos is to delete the second s*entence
MR. DAVIDE. Even if these amendments are incon-
of the first paragraph of Section 2.
sistent with one another, the people will have the final
As many as are in favor of the proposed amendment say in the plebiscite.
of Commissioner Rigos, please raise their hand. (Few
Members raised their hand.) MR. RODRIGO. How will they be presented to the
people in a plebiscite?
As many as are against, please raise their hand.
(Several Members raised their hand.)
MR. DAVIDE. The National Assembly shall, by law,
The show 13 votes in favor of the amendment
results provide for the implementation of the exercise of this
and 18 against; the amendment to the amendment is right. So, the law may provide that in such instances
lost. where there are separate and inconsistent proposals for
amendments, then whichever of the amendments may
MR. RAMA. Madam President. be approved by a majority of the people will be deemed
valid amendments. We leave it to the people, if they
THE PRESIDENT. The Floor Leader is recognized. agree to inconsistent provisions.
MR. RODRIGO. So, in a plebiscite it is possible for “PEOPLE” because the proposal is made by
the people
the people to approve by a majority vote two incon- so that the phrase “THROUGH INITIATIVE” is already
sistent amendments to the Constitution. redundant. That is the reason for the suggested deletion.
MR. DA VIDE. That the will of the people in a

is THE PRESIDENT. Is that acceptable. Commissioner
plebiscite — to opt for a proposal for amendments Davide?
submitted.
MR. DAVIDE. May I refer to the Committee?
MR. RODRIGO. That is why I say this is impractical
because the case of an amendment proposed by the

in MR. SUAREZ. The Committee finds merit in the pro-
legislature or by a constitutional convention, no such posed amendment to the amendment but we would
situation would arise. But precisely it is not the me- rather leave this to the body.
chanics of this that I object to. I like the idea but I will
be in favor of the idea only if I see it is practical. THE PRESIDENT. What is the pleasure of Commis-
sioner Ople?
MR. DAVIDE. Madam President, that may be re-
mote. But in the event it happens, there is still the MR. OPLE. Madam President, on this subject at hand,
power of the legislature to propose an amendment by a may I just say that there is not necessarily incongruity
vote of three-fourths to cure the inconsistency. or superfluity in saying that the people may act directly
through initiative because then that puts the stamp of a
MR. RODRIGO. There is an initiative by the people great democratic institution or tradition on this for-
by means of the required number of votes. The last mulation, which means the Gentleman connects to the
sentence says that the National Assembly shall, by law, great traditions of democracy, such as the thousand-year
in the
provide for the implementation and exercise thereof, old tradition of the initiative and referendum
which means to say that the National Assembly must of Switzerland. We are not really reinventing
appropriate the money and submit the amendments to the will in installing initiative as an additional mode of
proposing an amendment to the Constitution, and
the people in a plebiscite. as a
reserve power of the sovereign people, when they are

and, therefore,
MR. DAVIDE. That would depend now on the provi- dissatisfied with the National Assembly
sion of the particular enabling statute. For instance, if if there is a default
of the National Assembly in re-
the legislature can foresee such a situation where incon- sponding to a critical situation requiring a constitutional
amendment, this vests the power of direct

initiative
sistent amendments are presented by initiative in a given
is largely, I think, re-
year, it might agree to defer the consideration of an action in the people themselves. It
position of the people
inconsistent amendment, say, after five years, provided serve power, precisely a fallback
dissatisfied. When we include
the two amendments are so inconsistent that the danger in the event that they are
of them being approved might result in an absurdity. the word “initiative,” then we introduce into the for-
conditions based
mulation the great body of democratic
MR. RODRIGO. Then what happens to the required on especially in the countries where this has
initiative
1 0-percent vote? been most successful.
So I would Commissioner Jamir - if
like to request
MR. DAVIDE. That is why if, indeed, two or more his own sense of
it does not detract too much from
simultaneous amendatory proposals would be clearly
important - to kindly leave the word
“initiative
being
and substantially inconsistent with one another, we matches to some extent or correlates the
there. It also
leave it to the sound discretion of the legislature. recall that are actually used
initiative, referendum and
in the Legislative
Committee.

THE PRESIDENT. The Floor Leader is recognized. sioner Jamir?
MR JAMIR. Considering the eloquent request of the

MR. RAMA. ask that Commissioner Jamir be recog-
Bulacan, I agree to withdraw my
I
nized to present an amendment to the amendment. Gentleman from

amendment.
THE PRESIDENT. Commissioner Jamir is recog-
withdrawn.
THE PRESIDENT. So, the amendment is
nized.
Commis-
ask that
MR. JAMIR. My amendment with respect to the
is
sioner Sarmiento be recognized to

make an amendment
second line of the proposed amendment. Delete the
words “THROUGH INITIATIVE” after the word to the amendment.
THE PRESIDENT. Commissioner Sarmiento is MR. DAVIDE. Madam President, the pro-
original
recognized. posal of this Member made reference the totalto
number of registered voters in the immediately preced-
MR. SARMIENTO. May I address a few questions to ing national election but there were amendments there-
the distinguished proponent of the amendment? to and the original draft of the Committee made refer-
ence to a registered number of voters only, the idea
MR. DAVIDE. Willingly, Madam President. being that the total number of registered voters as of the
presentation of the proposed amendment to the Consti-
MR. SARMIENTO. The and the state
U.P. draft tution must be the basis. I yielded to the wisdom of that
constitutions refer power,
to initiative as a reserved proposal because we limit now the amendment by ini-
together with recall and referendum. The last line of the tiative after the first five years following the ratification
amendment mentions exercise of this right. Will the of this Constitution and not oftener than once every
Gentleman agree to use the word “exercise” instead of five years thereafter. So, if we have to make as a refer-
“right”? ence the total number of registered voters in the imme-
diately preceding general election, the total number of
MR. DAVIDE. So, it will read: “THE NATIONAL signatories required would be very much less, and, there-
fore, it might not adequately represent the sentiments
ASSEMBLY SHALL BY LAW PROVIDE FOR THE IM-
PLEMENTATION OF THIS POWER.” of those who may have registered after the immediately
preceding election.
MR. SARMIENTO. Yes.
MR. SARMIENTO. Madam President, with that
MR. DAVIDE. No objection.
manifestation I withdraw my proposed amendment.
MR. SARMIENTO. Thank you. THE PRESIDENT. The proposed amendment is with-
drawn.
THE PRESIDENT. Does the Committee accept the
amendment?
MR. SARMIENTO. Last question. Madam President.
May I invite the attention of the honorable pro-
MR. SUAREZ. We have no objection. ponent to line 2 which states: “PROPOSED BY THE
PEOPLE THROUGH INITIATIVE UPON A PETITION
MR. SARMIENTO. Thank you very much. OF.” Commissioner Jamir gladly accommodated the
eloquent manifestation of Commissioner Ople and he
agreed that the words “THROUGH INITIATIVE” be
VOTING
maintained. I was looking at state constitutions, Madam
THE PRESIDENT. We will first put this proposed President, and the words they used were these: “pro-
amendment to a vote. posed by the people upon an initiative petition.” I ^rn
As many as are in favor of the proposed amendment not for the deletion of the words “THROUGH INI-
of Commissioner Sarmiento, please raise their TIATIVE” but a reformulation, so that line 2 would
hand.
read: “PROPOSED BY THE PEOPLE UPON AN INI-
TIATIVE PETITION OF AT LEAST TWELVE PER-
As many as are against, please raise their hand. (Few CENT.”
The results show 26 votes in favor and 2 against; the MR. DAVIDE. The wording, proposed and as
as
amendment is approved. appearing in the original committee report; that is,
“THROUGH INITIATIVE UPON A PETITION,”
MR. SARMIENTO. For the last two questions, may be much better than the language as proposed
Madam President. which would appear to be foreign. Let us have our
own phraseology in the proposal.
MR. SARMIENTO. If the intent is pro-Filipino, pro-
MR. SARMIENTO. Line 3 reads: “AT LEAST people, then I withdraw my proposed amendment.
TWELVE PERCENT OF THE TOTAL NUMBER OF
REGISTERED VOTERS.” Nothing is specified whether THE PRESIDENT. Thank you.
these are registered voters of the preceding general The Floor Leader is recognized.
election. The state constitutions I read make mention
of registered voters of the preceding general election. MR. RAMA. Madam no more
President, there are
Will the honorable proponent agree with me to include registered speakers to propose amendments on Section
the words: REGISTERED VOTERS OF THE PRE- 2. However, there is still somebody who would like to
CEDING GENERAL ELECTION. amend or present an amendment to the amendment.
I ask that Commissioner Gascon be recognized. MR. GASCON. If that is the case, I withdraw my pro-
posal for the word REGION and instead change

THE PRESIDENT. Commissioner Gascon is recog- “LEGISLATIVE DISTRICT” to PROVINCE.
nized.
THE PRESIDENT. “PROVINCE OR CITY.”
MR. GASCON. I would like to ask a question first
with regard to line 4. May I know why the line states MR. GASCON. Yes, PROVINCE OR CITY.
“LEGISLATIVE DISTRICT”?
MR. DAVIDE. I would like to ask the Committee.
MR. DA VIDE. Madam President, the Committee on
the Legislative voted on a scheme of representation for THE PRESIDENT. What does the Committee say?
Members of the National Assembly by district.
So, that is the reason we speak here of “LEGISLA- MR. SUAREZ. How about the cities?
TIVE DISTRICT.” make much

MR. GASCON. My issue is basically to it
MR. GASCON. The proposal to include “LEGIS- easier for the people to initiate.
LATIVE DISTRICT” is mainly to advert to the problem

that may arise from too much concentration in a par- MR. DAVIDE. What about the cities?
ticular region of a particular initiative petition, is that
correct? MR. GASCON. EVERY PROVINCE OR CITY.
MR. DAVIDE. That is correct, Madam President.
MR. SUAREZ. As far as the Committee is concerned,
that is an acceptable proposal.
MR. GASCON. However, a legislative district is much
smaller than a province or a region; that correct?
also acceptable to this Member,
is
MR. DAVIDE. It is
dadam
WHICH
President, provided it would be: “OF
MR. DAVIDE. A legislative district may be the same
MUST BE REPRE-
as the province if the population of the province iVERY PROVINCE OR CITY
is less
lENTED BY AT LEAST THREE PERCENT OF
THE
than the number of the ratio provided for, or it could be
several districts in a given province, depending on the
number of inhabitants in the province. Committee accept the
THE PRESIDENT. Does the
MR. GASCON. Actually, I would like to support the

amendment?
spiritbehind the inclusion of the term “LEGISLATIVE
MR. SUAREZ. The Committee accepts, Madam
DISTRICT” but upon considering it further, it might
make the principle of initiative very diffficult for the President.
people.
also acceptable to this Member,
So, I would like to propose an amendment. Instead of
MR. DAVIDE. It is
using the term “LEGISLATIVE DISTRICT,” let us use

Madam President.
REGION.
MR. MONSOD. Madam President.
MR. DAVIDE. We have to define the word. Right Commissioner Monsod is recog-
now, for political administration, we have 13 regions, THE PRESIDENT.
including the National Capital Region. If the Gentleman nized.
refers to the traditional geographical regions, we have
MR MONSOD. does the Gentleman mean
By city,
only three.
chartered cities but there
chartered city? There are 16 -
are we referring to here
MR. GASCON. As far as the definition of region is are about 50 cities. What
concerned, I would allow the legislature to define such chartered cities or all cities?
because there are proposals for autonomous regions and

I believe that this should be included. MR. GASCON. All cities.
So, when I speak of region, Iam thinking of the 13

MR. MONSOD. All right; thank you.
existing regions, plus whatever may be created as auto-
nomous regions. whether component or
MR. DAVIDE. All cities,
MR. DAVIDE. to the body. highly urbanized.

I would rather throw it
Madam President, because of the difficulty, first, of Madam Pres-

defining what a region is since there are several regions, MR. BENGZON. Before we take a vote.
to speak against that
and, second, it might dilute the sanctity of the original ident, may I just have one minute
proposal. proposed amendment?
THE PRESIDENT. Commissioner Bengzon may pro- THE PRESIDENT. Yes.

ceed.
MR. RODRIGO. Usually, Metro Manila is treated
MR. BENGZON. I am afraid that if we do
pass that differently, and it is so stated in the law because Metro
amendment, it is going to be used as a political tool by Manila is composed of four cities.
the politicians because there are certain big provinces
that have so many districts. If certain politicians band THE PRESIDENT. Commissioner Davide requests
together and do away with some of the districts, they that he answer the question; he may proceed.
can generate the necessary three percent by just getting
the necessary three percent from the various districts MR. DAVIDE. Yes, Madam President. Metropolitan
and disregard completely the other districts in that Manila was evolved because of the creation of the
province. So, it is a very tempting situation to be used Metropolitan Manila Commission. It is composed of
as a political tool. That is why I am opposed to it.
provinces from Rizal and from Bulacan and the cities
within the area. So, under the proposal, we have to
MR. GASCON. May I speak then. Madam President?
consider every city in Metro Manila and the municipali-
ties in relation to the provinces to which they belong,
THE PRESIDENT. Commissioner Gascon may pro-
Rizal and Bulacan.
ceed.
MR. GASCON. But the basic issue is the initiative

MR. RODRIGO. Valenzuela no longer belongs to
process. I think we should make it as easy as possible
Bulacan.
for the people to initiate. In recognition of the problem

MR. DAVIDE. Under the Metropolitan Manila Com-
that it might be too concentrated in one particular
mission, but I do not think the Commission is recog-
region, let us say, Metro Manila, I am supporting the
nized as a separate political subdivision under the
issue to have a specified political region, whether it be
Committee on Local Governments — I really do not
legislative district, province or region. I would also like
know — because there is even a move to abolish this
to emphasize that the initiative process does not end
metropolitan concept of government.
there. After it goes through the initiative process, it will
be presented to the people for approval or disapproval.
So, that problem which the Gentleman raised can easily MR. RODRIGO. Let us have this clarified because
be responded to by the process of ratification of the this is a very important provision. So, in case of Metro
amendment. Manila, if it is by city, then at least three percent is
needed in the City of Manila, Pasay City, Quezon City
MR. RAMA. Madam President. and Caloocan City. How about San Juan and Manda-
luyong?
MR. DAVIDE. San Juan will be considered part of
MR. RAMA. I move that we take a vote on the Rizal.
amendment to the amendment.
MR. RODRIGO. But who will decide that? I did not
THE PRESIDENT. We will proceed to take a vote. know that. I always thought of San Juan and Mandalu-
yong as part of Metro Manila. This is a very important
MR. RODRIGO. Madam President, may I ask a provision; we must specify; we must make it clear.
question for clarification?
MR. DAVIDE. Madam President, this matter may be
THE PRESIDENT. Commissioner Rodrigo may reviewed later depending on what is the report of the
proceed. Committee on Local Governments. The municipalities in
the metropolitan area will be returned to each respective
MR. RODRIGO. Does the amendment say “EVERY province. So, now in computing the percentage for pur-
PROVINCE OR CITY”? poses of initiative, the vote in that particular municipal-
ity must be taken into account with the votes of the rest
THE PRESIDENT. Both. of the province to where that municipality actually

belongs.
MR. DA VIDE. Province and city.

MR. RODRIGO. How about Metro Manila? The City THE PRESIDENT. The session is suspended for a
of Manila, City of Pasay, City of Caloocan? few minutes.
MR. DAVIDE. May I answer that. Madam President? It was 6:05 p.m.
RESUMPTION OF SESSION THE PRESIDENT. Is there any objection to the

motion for reconsideration of the amendment to change
At 6:09 p.m., the session was resumed. the word “Right” to POWER?
THE PRESIDENT. The session is resumed. MR. SARMIENTO. Madam object to the
President, I
motion or
for reconsideration. Firstly, the proposition
MR. RAMA. Madam President, I ask that Commis- the motion is out of order. Secondly, I believe that
sioner Gascon be recognized. POWER is stronger than the word “right.” It is people’s
power. All along we have been speaking of people’s
THE PRESIDENT. Commissioner Gascon is recog- power — participatory democracy, blessings of people’s
nized. power. I have already mentioned the reasons why
POWER is more appropriate than “right.” I respectfully
MR. GASCON. Thank you, Madam President. submit, Madam President.
After assessing the whole thing and with the as-

surance that retaining “LEGISLATIVE DISTRICT” MR. RAMA. Madam President.
may make it easier for the people to assert their sover-

eign will in as far as initiative is concerned, I withdraw THE PRESIDENT. The Floor Leader is recognized.
my proposed amendment.
MR. RAMA. I reiterate my motion that we take a
vote on the whole Section 2.
THE PRESIDENT. The proposed amendment is then
withdrawn.
MS. AQUINO. Madam President, I submit to the
MR. RAMA. Madam ruling of the Chair on my motion for reconsideration.

President.
THE PRESIDENT. The Floor Leader is recognized. VOTING

THE PRESIDENT. Yes, the Chair will first make its
MR. RAMA. I move that we take a vote on the entire
ruling.
Section 2. liberality
Commissioner Aquino has appealed to the
T choose to be liberal this
MS. AQUINO. Madam President. of the Chair, and I believe
the motion to
afternoon. Therefore, I will just submit
the body for reconsideration.
Coinmis-
of
nized. As many as are in favor of the motion
reconsider the amendment, that is, o
sioner Aquino to
last sentence of Section
MS. AQUINO. be out of order but I would retain the word “Right” in the
I may Members raised their
seek the kind indulgence and liberality of the Chair to 2, please raise their hand. (Several
allow me to seek reconsideration of the voting that hand.)
amended the last sentence of Section 2 by changing hand. (Few
As many as are against, please raise their
the word “Right” to POWER. Members raised their hand.)
the reconsidera-
The results show 22 votes in favor of
THE PRESIDENT. The Commissioner may proceed. tion and 6 against; the motion for
reconsideration is
last sentence of
ipproved and the word “Right” in the
MS. AQUINO. This is significant for me because 9 retained.
POWER represents a concept; it is not just a matter of
words or lexicon. I believe that the word “right” is even MR. RAMA. Madam President.
more potent and even more determinative as against
POWER. Power, in the nature of its connotation, is a THE PRESIDENT. The Floor Leader is recognized.
political concept which requires as a condition the
presence of strength before one could even invoke it; MR. RAMA. I reiterate my motion that we take a
while right, when enshrined in a law, is a right, regard-
vote on the whole Section 2.
less of whether one has the strength or the power to
assert it. Thus, I believe the word “right” is even more there any objection that
we
THE PRESIDENT. Is
potent than the word POWER. take a vote on the whole Section 2?
was because the Chair immediately called for a
It
Commissioner Maambong is recognized.
division of the House that I was not able to timely inter-
pose my objection to the amendment. may I request
MR. MAAMBONG. Madam President,
we will understand.
I move for a reconsideration of the amendment on a reading of the section so that
There have been so many amendments.
this point. Madam President.
THE PRESIDENT. Will the sponsor please read MR. DE LOS REYES. Madam President, will the pro-
Section 2, as amended? ponent of the amendment accept an amendment to the
amendment?
MR. DA VIDE. Thank you. Madam President.
Section 2, as amended, reads as follows; “AMEND- MR. MONSOD. The Gentleman will please state his
MENTS TO THIS CONSTITUTION MAY LIKE- amendment.

WISE BE DIRECTLY PROPOSED BY THE PEOPLE
THROUGH INITIATIVE UPON A PETITION OF AT MR. DE LOS REYES. I propose that on line 20,
LEAST TWELVE PERCENT OF THE TOTAL NUM- between the words “Constitution” and “shall,” we
BER OF REGISTERED VOTERS, OF WHICH EVERY insert the phrase UNDER SECTION 1, SUBPARA-
LEGISLATIVE DISTRICT MUST BE REPRESENTED GRAPHS (A) AND (B). Is that all right?
BY AT LEAST THREE PERCENT OF THE REGIS-
TERED VOTERS THEREOF. NO AMENDMENT MR. MONSOD. That is all right, yes.
UNDER THIS SECTION SHALL BE AUTHORIZED
WITHIN FIVE YEARS FOLLOWING THE RATI- THE PRESIDENT. What line, please?
FICATION OF THIS CONSTITUTION NOR OFTEN-
ER THAN ONCE EVERY FIVE YEARS THERE- MR. DE LOS REYES. Line 20, Madam President.
AFTER. Between the words “Constitution” and “shall,” insert
THE NATIONAL ASSEMBLY SHALL BY LAW

the phrase UNDER
SECTION 1, SUBPARAGRAPHS
PROVIDE FOR THE IMPLEMENTATION OF THE
(A) AND
(B) to indicate the fact that Section 4 refers
to the amendment under Section 1 (a) and (b) — by the
EXERCISE OF THIS RIGHT.”
National Assembly or by the constitutional conven-
tion.
VOTING
MR. MONSOD. I accept the amendment to the
THE PRESIDENT. As many as are in favor of Section
amendment.
2, as amended, please raise their hand. ( Several Members
raised their hand.)
MR. DE LOS REYES. Then, propose to include
I
As many as are against, please raise their hand. (Few another paragraph after line 23, which will read;
Members raised their hand.) AMENDMENT UNDER SECTION 2 SHALL BE
The results show 31 votes in favor and 3 against: VALID WHEN RATIFIED BY A MAJORITY OF THE
Section 2, as amended, is approved. VOTES CAST IN A PLEBISCITE WHICH SHALL BIE
HELD . . . The continuation will be the Gentleman s
MR. RAMA. Madam amendment.

President.
MR. MONSOD. Yes. It reads; NOT EARLIER THAN

THE PRESIDENT. The Floor Leader is recognized. SIXTY DAYS AND NOT LATER THAN NINETY
DAYS AFTER THE DECLARATION BY THE COM-
MR. RAMA. ask that Commissioner Monsod be
I MISSION ON ELECTIONS OF THE COMPLETION OF
recognized to present the last amendment to the last THE PETITION.
section.
MR. DE LOS REYES. That is my amendment.
THE PRESIDENT. Commissioner Monsod is recog- MR. MONSOD. I accept the amendment to the
nized.
amendment.
MR. MONSOD. I would like to propose an amend- MR. SUAREZ. What is the complete wording. Madam
ment to Section 4 in order to reflect the necessity of a President?
plebiscite in the exercise of the right under Section 2.
As it reads now, the phrase “after the approval of such SUSPENSION OF SESSION
amendment or revision” refers only to amendments MR. DE LOS REYES. I move for a suspension of the
under Section 1.
session so that we can consolidate our amendments.
So, I would like to propose the addition of the
following lines after the phrase “approval of such THE PRESIDENT. The session is suspended.
amendment or revision”; OR THE UIWER SECTION 1
It was 6:19 p.m.
DECLARATION BY THE COMMISSION ON ELEC-
TIONS OF THE COMPLETION OF THE PETITION RESUMPTION OF SESSION
FOR AMENDMENT UNDER SECTION 2 OF THIS
ARTICLE. At 6:23 p.m., the session was resumed.
THE PRESIDENT. The session is resumed. MR. DAVIDE. Thank you. Madam President.
This is the last amendment intended to give more
MR. RAMA. Madam President, I ask that Commis- teeth to Section 3. On line 18, after the word “elec-
sioner Monsod be recognized. torate,” add the phrase IN A REFERENDUM and
after that, add a new sentence to read as follows:
THE PRESIDENT. Commissioner Monsod is recog- IF THE QUESTION IS AFFIRMATIVELY VOTED
nized. UPON, THE NATIONAL ASSEMBLY SHALL, WITH-
IN THIRTY (30) DAYS FROM THE DAY OF THE
MR. MONSOD. May read the proposed amendment
I
REFERENDUM, ENACT THE LAW CALLING THE
which is of the proposals of Commis-
a consolidation CONVENTION.
sioners de los Reyes, Aquino and myself. Section 4 will
AMENDMENT
now read: “ANY TO, OR REVISION OF MR. SUAREZ. Madam President, the Committee
THIS CONSTITUTION UNDER SECTION ONE (1) would rather submit the proposal to the floor for
SUBPARAGRAPHS (A) AND (B) SHALL BE VALID consideration.
AND RATIFIED BY A MAJORITY OF THE VOTES
CAST IN A PLEBISCITE WHICH SHALL BE HELD MR. DAVIDE. May I be allowed to explain.
NOT EARLIER THAN SIXTY DAYS AND NOT
LATER THAN NINETY DAYS AFTER THE AP- THE PRESIDENT. Please do so.
PROVAL OF SUCH AMENDMENT OR REVISION.
MR. DAVIDE. In the original provision of both the
AMENDMENT UNDER SECTION TWO (2) SHALL to the
BE VALID WHEN RATIFIED BY A MAJORITY OF 1935 and 1973 Constitutions, the submission
electorate of the question calling
such a convention is in
THE VOTES CAST IN A PLEBISCITE WHICH SHALL
the proposal, the
BE HELD NOT EARLIER THAN SIXTY DAYS AND an election. That was eliminated by
would be tied up with
NOT LATER THAN NINETY DAYS AFTER THE idea being probably, that since it
may not be meritorious-

CERTIFICATION BY THE COMELEC OF THE SUF- an election, the issue on the call
people. So is necessaty that
ly considered by the
it
FICIENCY OF THE PETITION.”
the submission must be in a
we should put here that
be simultaneous with an
THE PRESIDENT. Is the proposed amendment ac- referendum which can never
cepted by the honorable sponsor? lection.
sentence: IF
Secondly, if we do not add fhe new
MR. SUAREZ. It is accepted. Madam President, HE QUESTION IS AFFIRMATIVELY
VOTED
COM- ASSEMBLY SHALL, WITH-
except that the word “COMELEC” should read: PON THE NÎONAL
MISSION ON ELECTIONS. FROM ™E
riHi™ (30) DAYS THE LAW CALLING THE
DAY OF
THE
EFERENDUM, ENACT the
MR. MONSOD. “COMMISSION ON ELEC- people in approving
Yes, ONVENTION the will of the
TIONS,” Madam or amendment
to a
President. latter of submitting the revision
be
institutional convention might
easily
VOTING after the question has been
ongress by not acting at all
voted upon ê peopl^
THE PRESIDENT. Are there any other comments? ibmitted and affirmatively
amendment is necessary
Are we ready to vote on the proposed amendment, as 0 I submit that the proposed
amended, of Commissioner Monsod?
As many as are in favor of the proposed amendment,
as amended, of Commissioner Monsod, please raise their
hand. (Several Members raised their hand.) Commissioner Maambong is
THE PRESIDENT.
As many as are against, please raise their hand. (No recognized.
Member raised his hand.)
The show 30 votes in favor and none against;
results
the proposed amendment, as amended, is approved.
AR. MAAMBONG. thought that this matter on
I
tion 3 has already been

MR. RAMA. Madam be done
could actually ê
President. nsor to the extent that this
rate, the
ler in or a plebiscite. At any
an election
posed amendment is too involved.
the session. Madam
day I ask for a suspension of
recognized.
suspended.
nized. It was 6:28 p.m.

RESUMPTION OF SESSION MR. SUAREZ. Madam President, in behalf of the

members of the Committee on Amendments and Transi-
tory Provisions, may we extend our deepest gratitude to
each and everyone of the Members of the Commission
for bearing with us in this marathon session.
MR. RAMA. Madam President, I ask that the sponsor Thank you.
be recognized.
THE PRESIDENT. The message of the Gentleman is
THE PRESIDENT. Commissioner Suarez is recog- duly noted.

nized.
Is there any other business?
MR. SUAREZ. Madam President, we would like to

call the attention of the movant to the fact that under
Section 3, it is the National Assembly that is ordained
by a two-thirds vote of all its Members to call a consti- THE PRESIDENT. The Floor Leader is recognized.
tutional convention, and it is incumbent upon the
National Assembly to come up with the enabling act NOMINAL VOTING ON PROPOSED
providing the necessary mechanism for the constitu- RESOLUTION NO. 263 ON THIRD READING
tional convention to submit the proposed amendment (Article on National Territory)
to the people in a plebiscite called for the purpose. This
is already built-in in whatever enabling act the National
MR. RAMA. I move that we vote on Third Reading
Assembly may promulgate, and that is the reason the on Proposed Resolution No. 263.
Committee feels that it is no longer necessary to provide
the statement suggested by the Gentleman. THE PRESIDENT. Is there any objection? (Silence)
MR. DA VIDE. Madam President, on the understand- Printed copies of Proposed Resolution No. 263 were
ing that the call is the enabling statute for the
in itself distributedon July 8, 1986, pursuant to Section 28,
constitutional convention, if the question is affirma- Rule VI of the Rules of the Constitutional Commission.
tively voted upon by the people, then I am willing to
Voting on the proposed resolution on Third Reading
withdraw the proposed amendment.
is, therefore, in order.
MR. SUAREZ. Thank you. The Secretary-General will read the title of the pro-
posed resolution.
The proposed amendment is hereby withdrawn. THE SECRETARY-GENERAL. Proposed Resolution
No. 263, entitled:
MR. RAMA. Madam President. RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
THE PRESIDENT. TUTION AN ARTICLE ON NATIONAL TERRITORY.
Yes, the Floor Leader is recog-
nized.
FIRST ROLL CALL
ON SECOND READING THE PRESIDENT. The body will now vote on this
(Article on Amendment or Revision) resolution, and the Secretary-General will call the roll.
MR. RAMA. I move that we now vote on Proposed THE SECRETARY-GENERAL, reading:
Resolution No. 322, as amended, the whole Article on
Abubakar Azcuna
Amendment or Revision.
Alonto Bacani
Aquino
THE PRESIDENT. We will now proceed to the voting.
As many as are in favor of Proposed Resolution BISHOP BACANI. Madam would like to
President, I
No. 322, the Article on Amendment or Revision of the explain my vote.
Constitution, please raise their hand. (Several Members
raised their hand.) THE PRESIDENT. Commissioner Bacani has three
As many as are against, please raise their hand. (No minutes to explain his vote.
Member raised his hand.)
The results show 29 votes in favor and none against. COMMISSIONER BACANI EXPLAINS HIS VOTE
Proposed Resolution No. 322, as amended, is ap- BISHOP BACANI. Fundamentally, the reason I vote
proved on Second Reading. (Applause) no is because voting yes seems to me to be foreclosing
the claim to Sabah.I have no objection to dropping the MR. DE CASTRO. Madam President, may I explain
claim, but itseems that despite the protestations that my vote?
the claim is not foreclosed in any way whatsoever, it is
nevertheless actually foreclosed. I can foresee a possible THE PRESIDENT. Commissioner de Castro has
scenario like this in the future — the Philippine govern- three minutes.
ment trying to renegotiate the claim and the people of
Sabah saying, “Why do you claim Sabah? Is this your COMMISSIONER DE CASTRO EXPLAINS HIS VOTE
territory? ” And we would answer: “Well, we are not
MR. DE CASTRO. Madam President, I vote no
sure whether it is our territory or not, but it may be.”
because with the proposed statement in our national
Then they can just say, “It certainly is not your terri-
territory,we are giving up our claim on Sabah. Through
tory.” Why?
no amount of hard thinking can I convince myself that
According to the Committee’s definition of “terri- the phrase “and all other territories over which the
tory,” it is “all the other territories over which the government exercises sovereign jurisdiction means we
for, indeed.
government exercises sovereign jurisdiction.” However, are still keeping our claim over Sabah;
we do not exercise sovereign jurisdiction over this now, Madam everybody knows that at this time we
President,
and, therefore, this is in no way ours, and we cannot lay do not exercise sovereignty nor jurisdiction over Sabah.
any claim to it. Therefore, for this reason, I vote no. But Our based on historic right, the right established
claim is
if it is approved, I would like to emphasize that this by our forefathers. To give up that right by a play of
formulation, in no way, forecloses the claim to Sabah. words such as **over which the government exercises
that we are still
Nevertheless, I cannot see that being realized because sovereign jurisdiction” and then say
language is only flexible to a certain extent, and this Sabah gravely misleading.
keeping our claim on is
formulation cannot bear the burden of the interpreta- Philippines holds

The citation of areas over which the
tion that is being given to it. belonging to our national
historic and legal rights as
Thank you. way of sohdifymg the Philip-
territory may be the only
to negotiation. Any agree-
pine position preparatory
THE SECRETARY-GENERAL, reading: counter to this provision, but
ment later would not run
Bengzon Bernas would become a clarification.
today the Consti-
Bennagen Let history record, therefore, that
by a majority vote, is
tutional Commission of 1986,
FR. BERNAS. Madam President, may I be allowed to Sabah without giving
dropping the Philippine claim on
explain my vote?
the Executive an opportunity
to be heard on such a
THE PRESIDENT. Commissioner Bernas has three grave and important question.
minutes. Thank vnu. Madam President.
COMMISSIONER BERNAS EXPLAINS HIS VOTE THE SECRETARY-GENERAL, reading:

FR. BERNAS. for three reasons: First,
vote Concepcion . .
I Colayco
because the last is a statement of one aspect
sentence
of the archipelagic principle which we, together with may I explain
MR. CONCEPCION. Madam
President,
many other nations, accept. Second, I vote yes because
it is a good description of the territory we actually have my vote?
today. That territory comprises two parts: The first part
THE PRESIDENT. Commissioner Concepcion has
is the Philippine Archipelago; that is, all the territories
ceded by Spain to the United States, and eventual- three minutes.

ly transferred to the sovereignty of the Republic of COMMISSIONER CONCEPCION
the Philippines. The second part comprises all other explains his vote
territories — territories outside the Archipelago over cannot vot
^R. CONCEPCION. I regret to say that I
which the government exercises jurisdiction. Third, I
that exer-
by reason of one word, is
also vote because the Article does not make any irmatively
ivere ûbstitiê
uncertain claim of any territory, and, therefore, avoids >s
” If that word “exercises”
be no
creating useless or even harmful friction. At the same AS jurisdiction,” there would .
J .
of sovereignty
time, however, under the generally accepted principles I a more words. Actual exercise
few ^
temtoiy
to the acquisition of
a
of international law which we adopt, it does not prevent mtial
the
us from making use of any accepted modes of establish- mtial to the retention of was
vote yes. itory. And that is why
when^^^^HHoDines
PhU ppi
ing a claim to a territory. For these reasons, I
upied by the Japanese forces,

we
THE SECRETARY-GENERAL, reading: that our claim to
ity. But to require
subject to
Rosario Braid Calderon ; the Archipelago be
^gfgats it
ereignty not only weakens
our claim, but de
Brocka Castro de
My interpretation of the votes cast yesterday is that MR. GUINGONA. Madam President, may I be al-
many of the Members of the Commission are not sure or lowed to explain my vote?
are not prepared to render a judgment on whether or
not we have a valid claim to Sabah, and that without THE PRESIDENT. Commissioner Guingona has three
passing upon the “mouth” of this issue, they would like minutes.
to keep the door open to the assertion of our right to
Sabah. COMMISSIONER GUINGONA EXPLAINS HIS VOTE
It is one thing to exercise sovereignty; another thing
MR. GUINGONA. Thank you.
is to be sovereign. Once he acquires sovereign rights, he
I have stated before that the proposed provision on
does not need actual exercise of those rights to retain
sovereignty. To require the exercise of our sovereignty
National Territory should be made as flexible as possible
over territories not forming part of our archipelago, is to so as not to close the door to any claim which our
deal a deathblow upon our claim on Sabah. government may wish to make in the future, claims that
are foreseen such as the Sabah claim, as well as those
My vote is no. that are unforeseen.
THE SECRETARY-GENERAL, reading; I have objected to the Bernas’ amendment, first,

because the provision, as amended, could be construed
Davide
correctly or misconstrued to mean that we have
abandoned our claim to Sabah even before a thorough,
MR. DAVIDE. Madam President, may I be allowed to
unbiased and searching evaluation has been made. There
explain my vote?
aremany issues to be resolved, Madam President, and
THE PRESIDENT. Commissioner Davide has three many questions remain unanswered, including the
so-called self-determination by the Sabahans.
Second, we are presuming that our officials would be
making, on our behalf, irresponsible and illegal claims
COMMISSIONER DAVIDE EXPLAINS HIS VOTE
which, I think, would contradict the statement made by
MR. DAVIDE. Although the committee report is the honorable proponent of the amendment that we
based on my resolution, I am constrained to vote no should presume that our officials would perform then-
to the final draft for the following reasons: First, it casts functions properly.
a serious cloud of doubt on the of our claim
validity Third, because even the Malaysians themselves in the
over Sabah. Secondly, it diminishes our right to pursue Manila Accord that I had the privilege to read in this
or enforce our historic and rightful claim over Sabah; hall accept our right to pursue our claim to Sabah.
and, finally. Madam President, a vote of yes on the pro-
posal would be an act of liberality on our part to Finally, may I invite attention to the fact that quite
accommodate not the Filipinos but some other people.
a number of those who voted
in favor of the amendment
of Commissioner Bernas, in effect, voted conditionally
So, I vote no. because they were relying on assurance which, in my
opinion, would have no binding effect.
My vote is no.
Foz Gascon
Garcia
MR. GASCON. Madam President, I would like to

explain my vote. Lerum
Maambong
THE PRESIDENT. Commissioner Gascon has three
minutes. MR. MAAMBONG. Madam President, may I be
allowed to explain my vote?
COMMISSIONER GASCON EXPLAINS HIS VOTE
THE PRESIDENT. Commissioner Maambong has
MR. GASCON. Because I believe that as we continue three minutes.
the struggle for independence and self-determination,
we must also recognize the will of other peoples of the COMMISSIONER MAAMBONG EXPLAINS HIS VOTE
world, particularly in Southeast Asia, for their own
liberation,and for giving peace a chance, I vote
MR. MAAMBONG. Madam President, my concern at
in
the beginning of the deliberation on this provision, as
favor of the Article.
can be gleaned from the gist of my interpellations, is
that I was afraid that the wording of the provision might
create uncertainty as to what is really our territory. But
Guingona after hearing the distinguished sponsor. Commissioner
WEDNESDAY, ULY J 9. 1 986 415
Nolledo, answer the interpellations, I began to realize Constitution. It is a sort of inventory of all that we hold
that the limits are really set forth right there in the in common, including the air space, the land, the waters,
provision on the National Territory. As a matter of fact, the seabed and the insular shelves, and I thought that I
Commissioner Nolledo said that there are other laws could support and I did support the Bemas amendment,
which can be referred to in the determination of the real the second amendment which, in my opinion, improved
boundaries of our territory; namely, Republic Act upon the original formulation. It did not waive any just
No. 3046, on the computation of the straight baseline; claim of the Philippines. It could have removed certain
the Treaty of Paris; Presidential Decree No. 1599, on mirages and preconceptions, which I considered germs
the exclusive economic zone; and Presidential Decree of potential conflict.
No. 1 596, on our Kalayaan claim.
We are trying to write a Constitution of peace; a
In view of the definiteness of the answer of the reconciliation with our brothers in Mindanao is, right
distinguished sponsor, I am convinced that we indeed now, almost on the top of our national agenda. I put a
have a provision which specifies our territory in definite lot of weight on the opinions expressed by our three
terms. As a matter of fact, the honorable Secretary- brother Muslims from Mindanao Ambassador
General was kind enough to give us a map on the Abubakar, Commissioners Domocao Alonto and Lugum
development of the archipelagic doctrine, a recognized Uka - all of whom thought that this reformulation by
principle of international law. the Bernas amendment of the National Territory would
help accelerate the return of peace and enduring
unity
And so, Madam President, with the addition of the
between Muslims and Filipinos in Mindanao. I regret
phrase “over which the government exercises sovereign
jurisdiction,” I am convinced that we have specified in some of the unkind tendencies of earlier remarks that
patriotic to those
actual terms our territory and its boundaries. For that, I attributed motives other than or less
who voted for the Bernas amendment
- I think that is
vote to the Article. any other
foul I think we are not accommodating
Thank you. Madam President. nation. I thinkthat the interest of Malaysia does not
that this coul
appeal to anyone here and to insinuate
THE SECRETARY-GENERAL, reading: have affected some of the thinking of those who voted
unparliamentary. I thmk that
Monsod Nieva is certainly unkind and
of our national
Natividad Nolledo as it stands, this is a good definition
conceptions of the
territory. It responds to our best
which indulged
is with sanctity for every
territory
sovere^n
certainly under our
COMMISSIONER NOLLEDO EXPLAINS HIS VOTE Filipino - that territory is
of the
have claims to other
jurisdiction. We may
MR. NOLLEDO. Madam President, taking into ac- of claims which are
world but these are in the nature
count the well-taken observations of Commissioners law and which can-
not foreclosed under international
Bacani and Concepcion, but considering my being the same sanctity for us Filipmos of that
not partake of the
sponsor of the definition of our national territory and, Republic of the Philippines
territory over which the
at the same time, my being courteous to Commissioner
now exercises sovereign jurisdiction and w ic^ can
Bernas, I deeply regret that I have to abstain. ciir^rPTTip <Mcrifice in the
future.
Ople Thank you. Madam President.
MR. OPLE. Madam President, may I explain my vote. THE SECRETARY-GENERAL, reading:
Padilla
THE PRESIDENT. Commissioner Ople has three
minutes to explain his vote. MR. PADILLA. May I explain my vote. Madam Pres-
ident?
COMMISSIONER OPLE EXPLAINS HIS VOTE
Commissioner has three
the
MR. OPLE. Madam
Chair
President, I vote ^
and thank
for the opportunity to recapitulate the reasons
THE PRESIDENT. The
minutes.
for doing so.
HIS VOTE
I opposed the first Bernas amendment by deletion of iMMISSIONER PADILLA EXPLAINS
the whole Article on National Territory on a plea, at voted against the
PADILLA.
^
R. I
that time, that this was in the nature of a municipal law, Territory because I
;le on National
and that, therefore, no matter what we said here would provision on National
Constitution should have a
have no effect whatsoever on the perceptions of the
itory.
the international community concerning our national
.
territory. I said then, and I would like to repeat it, it is adam President,the Article on
the nhrê
phrase
good to have this National Territory provision in the in the 1973 Constitution mcluded
416 WEDNESDAY, ULY J 9, 1 986
“historic right or legal title.” This was changed to the was a surreptitious and a unilateral act, “a political
phrase “over which the government exercises sovereign aggression” taking advantage of the prostrate situation
jurisdiction.” As a consequence of that amendment, of the Philippines which has just emerged from the
the provision in the 1973 Constitution which reads: rubble of a war. Therefore, former Governor-General
“over which the Philippines has sovereignty or jurisdic- Harrison urged the Philippine government to present to
tion” was eliminated. In other words, Madam President, the United Nations a claim on Sabah because he re-
the phrase or the clause “over which the Philippines pudiated and was scandalized by the acts of the British.
has sovereignty or jurisdiction” has practically been But there is no perfect crime because when one
eliminated to give way to the phrase “over which the examines the annexation order whereby the British
government exercises sovereign jurisdiction.” I cannot government claimed sovereignty over Sabah, it was full
accept this amendment. of defects and the major defect was this: According to
First, the word “Philippines”has been changed to that annexation order, the British government claimed
“government.” Second, the words “the Philippines has” sovereignty over Sabah by virtue of the fact that it has
have been changed to “the government exercises” and assumed the rights of the British North Borneo Com-
the phrase “sovereignty or jurisdiction” to “sovereign pany. Our records will show that the British North
jurisdiction.” “Sovereignty” and “jurisdiction” are not Borneo Company never exercised public power nor
identical but the word “sovereignty” has been trans- sovereign rights since it was a private corporation. In
formed into an adjective to qualify “jurisdiction!’ More- other words, it could not have given to the British
over, it would require under the present text that not government what it did not have — Nemo dat quod non
only the Philippines has jurisdiction or sovereignty habet.
but it was changed to the actual exercise of sovereign
As to the argument that this may give rise to violence,
jurisdiction by the government.
I would also advert to the body the fact that the Philip-
Madam President, I like the phrase introduced by pine government insisted on a peaceful settlement and
Commissioner Azcuna regarding terrestrial, fluvial and even invited Malaysia to take this question to the Inter-
aerial domains, but because of this change from “the national Court of Justice. Precisely, we wanted a peace-
Philippines has sovereignty or jurisdiction” to the clause ful settlement, a civilized settlement among nations, but
“government exercises sovereign jurisdiction,” I regret it was Malaysia who refused to go to that peaceful
I have to vote no, settlement and, therefore, courted trouble.
THE SECRETARY-GENERAL, reading: Therefore, Madam President, I am more concerned

about the rights of the Filipinos than the rights of
Quesada Rama Malaysians.
I vote no.
MR. RAMA. Madam President, may explain mv

vote?
I
Regalado Rigos
THE PRESIDENT. Commissioner Rama has three
Reyes de los
minutes.
REV. RIGOS. May I explain my vote. Madam Pres-
COMMISSIONER RAMA EXPLAINS HIS VOTE ident?
MR. RAMA. vote no. I believe in the validity of our

I
THE PRESIDENT. Commissioner Rigos has three
claim to Sabah. I should know because I made a re-
minutes.
search on this matter in the 1 960’s, and I would like to
believe that the articles that I wrote in the Free Press
led to the formal filing of the Philippine claim on Sabah. COMMISSIONER RIGOS EXPLAINS HIS VOTE
One item that I did not mention the last time I stood REV. RIGOS. I vote no for the same reason given by
here to document the validity of our claim was the fact Commissioner Concepcion.
that the British government invoked the document of
the annexation order as basis for its claim of sovereignty THE SECRETARY-GENERAL, reading:
over Sabah. I would like to inform the body that this
Rodrigo
annexation order was dated July 10, 1946, only six
days after we declare our independence on July 4,
1946. Ironically, it was former Governor-General MR. RODRIGO. Madam President, may I explain my
Francis Burton Harrison, as foreign affairs adviser to vote?
President Quirino, who called the attention of the
Philippine government, stating that the annexa- THE PRESIDENT. Commissioner Rodrigo has three
tion order passed by the Parliament of Britain minutes.
COMMISSIONER RODRIGO EXPLAINS HIS VOTE COMMISSIONER UKA EXPLAINS HIS VOTE
MR. RODRIGO. Madam President, I vote because MR. UKA. May I explain my vote. Madam President?
this defined very clearly what is rightly our
Article
vote yes because my understanding of the meaning
I
territory and at the same time it saves me from violating
of the Artide on National Territory does not in any way
the mandate: Thou shalt not covet thy neighbor’s
preclude us from claiming any area or territory in the
territory.
future, including the moon. This Article describes very
THE SECRETARY-GENERAL, reading: clearly our present territory over which we have sover-
eignty. Forinclude future territories, we will really
if we
Romulo
have a very large territory. Let us cross the bridge when
Sarmiento
Rosales
we come to it.
MR. SARMIENTO. Madam President, may I explain

my vote? THE SECRETARY-GENERAL, reading:
Villacorta
THE PRESIDENT. The Commissioner has three
minutes. MR. VILLACORTA. May I explain my vote. Madam
President?
COMMISSIONER SARMIENTO EXPLAINS HIS VOTE
THE PRESIDENT. The Commissioner has three
MR. SARMIENTO. Madam President, in the spirit of
minutes.
Asian solidarity and the fact that this provision on
National Territory will not preclude this government,
and the future governments from pursuing its claim over COMMISSIONER VILLACORTA
any territory, I vote yes. EXPLAINS HIS VOTE
THE SECRETARY-GENERAL, reading: MR VILLACORTA. Madam President, I vote

specialists in interna
lona. law
^
’tVr having consulted
Suarez
,d di^macy Who assured me .ha.
auto-hmitation that precludes
MR. SUAREZ. Madam President, may explain my irisdiction” is not an temto
her ^^vere^ty over
I
vote? îlippines from asserting

lose
es which she may either tem
THE PRESIDENT. The Commissioner has three oreover, these
mn users of the Consti-
minutes. sovereign shall always
Earned te ly
ition that where a
COMMISSIONER SUAREZ EXPLAINS HIS VOTE " mhabited^^^^^
iece of land bu
MR. SUAREZ. vote no because I certainly have no srsons will mu

pgopie and the people’s
I
self-
resides only right, legal
wish to waive and renounce our nation’s historic rights .
ûnreme over
supreme historic
termination reigns jhis
and legal title. Secondly, I would not feel comfortable j
.
tie and other theme of our

relying upon assurances that are not integrated in our
consistent
rinciple rights and interest.
is
Constitution. Ambiguities have no place in the supreme people’s rig
namely, people
)86 Constitution;
law of the land.
reading:
THE SECRETARY-GENERAL, reading: THE SECRETARY.GENERAL,
Sumulong Villegas
Tadeo
MR. TADEO. Madam President, may I explain my SECOND ROLL CALL

vote?
THE PRESIDENT. The

minutes.
Commissioner has three
'
: S
prfsTDENT The
otes.
Secretary-General will con-
ca? for those who

have no. registered
COMMISSIONER TADEO EXPLAINS HIS VOTE

Brocka . .
MR. TADEO. vote no, naniniwala kasi ako na maka-

I Abubakar . .
Calderon .
buluhan at mahalaga na manatili ang “historic right” at Alonto ....

Yes Colayco .
“legal title.” Aquino .... Yes

Yes
Azcuna .... Yes
THE SECRETARY-GENERAL, reading: Bengzon . . .
Yes
Yes Jamir . . .
Tan Trenas Bennagen . .
Rosario Braid Yes

Tingson Uka
Lerum Romulo MR. DAVIDE. Madam President, I object.

Monsod Rosales
Natividad .... Yes Sumulong . . . . Yes MR. GUINGONA. Madam President.
Nieva Yes Tan
Quesada Yes Tingson THE PRESIDENT. Commissioner Guingona is recog-
Regalado Yes Trefias No nized.
Reyes de los . . . Yes
MR. GUINGONA. Madam President, I object because
THE PRESIDENT. The results show 22 votes in I am afraid this will create a bad precedent that every-
favor, 1 1 against and 1 abstention. time a vote is taken and it is lost, we will ask for a sus-
Proposed Resolution No. 263 is lost on Third Read- pension of the Rules.
ing for failure to meet the required majority vote of
MR. BENGZON. In that case, as suggested by the
all the Members.
Chair, the motion for reconsideration will be presented
MR. BENGZON. Madam President. tomorrow.
THE PRESIDENT. Commissioner Bengzon is rec- MR. DAVIDE. Madam President, parliamentary in-
ognized. quiry.
MR. BENGZON. There are some of us who are not THE PRESIDENT. Commissioner Davide is recog-
present and it would be fair if these proceedings on nized.
Third Reading continue until tomorrow in order that
the votes of those absent may be obtained on nominal MR. DAVIDE. Before any motion for reconsideration
voting. is presented at the appropriate time, would the results
of the voting today mean that the new Constitution will
MR. DAVIDE. Madam President. be without an Article on National Territory, unless the
Committee will propose another?
THE PRESIDENT.Commissioner Davide is recognized.
THE PRESIDENT. Yes, as it is now, there is no provi-
MR. DAVIDE. I object to the motion because that sion for the National Territory in the Constitution.
would be against the Rules.
MR. DAVIDE. Thank you. Madam President.
THE PRESIDENT. The motion is out of order. We
already had a voting; therefore, the only remedy open THE PRESIDENT. Is there a motion for adjourn-
would be for a motion for reconsideration which we ment?
could consider at some future time.
MR. GUINGONA. Madam President, may I move that
the Committee on Preamble, National Territory, and
MR. BENGZON. May I beg your pardon. Madam
Declaration of Principles take it up again for presenta-
President?
tion to the body?
THE PRESIDENT. I said we

already had a voting on
THE PRESIDENT. when
Then, we willtake that up
the resolution. The was
lost and so, the only
resolution
the motion for reconsideration is submitted.
remedy open is for a motion for reconsideration which
we can consider tomorrow.
MR. GUINGONA. Thank you, Madam President.
MR. BENGZON. Madam President, may I say some- MR. MAAMBONG. Madam President.
thing?
THE PRESIDENT. Commissioner Maambong is rec-
ognized.
MR. BENGZON. Under the circumstances, I would MR. MAAMBONG. Just a minor point of parlia-
like to move for the suspension of the Rules in order to mentary inquiry.
obviate the filing of a motion for reconsideration
tomorrow. So, may I move for a suspension of the Rules THE PRESIDENT. Please proceed.
today, so that we could continue with the nominal
voting tomorrow. MR. MAAMBONG. We just want to find out exactly
how many Members participated in the voting — just for
MR. GUINGONA. I object. Madam President. the record. Madam President.
THE PRESIDENT. The result of the voting is: 22 journ the session until tomorrow at two-thirty in the
affirmative; 11 negative; 1 abstention; so, that is 34. afternoon.
MR. MAAMBONG. Thank you, Madam President.

tomorrow at two-thirty in the afternoon.
MR. RAMA. Madam President, I move that we ad- It was 7:14 p.m.
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t'»î .r
R.C.C. NO. 27
Thursday, July 10, 1986

OPENING OF SESSION Padilla . .
. . .
Quesada .... . . Present Sumulong . . .. . . Present
Rama Present Tadeo . . Present

At 3:10 p.m., the President, the Honorable Cecilia . .
.
Regalado .... Present Tan . . Present

Munoz Palma, opened the session. . .
.
Reyes de los . . . Present Tingson . . . .. . . Absent

Present Trenas Present
THE PRESIDENT. The session is called to order. Rigos . .
Uka
. . .
Present
Rodrigo .... . . Present , . .
Romulo .... . . Present Villacorta . . ., . . Present
NATIONAL ANTHEM Rosales . . Absent Villegas , . . Present
the National Anthem. The President is present.
Everybody rose to sing the National Anthem. The roll call shows 42 Members responded to the call.
THE PRESIDENT. Everybody will please remain THE PRESIDENT. The Chair declares the presence of
standing for the Prayer to be led by the Honorable a quorum.
Christine A. Tan.
Everybody remained standing for the Prayer. MR. RAMA. Madam President.

PRAYER
SR. TAN. Good Father, we are pressured and some-
ing of the Journal of
yesterday’s session.
times tense. Show us how to keep the space in our heart
where You will be able to show Yourself; and when You
do, show Yourself beyond reason and law. Give us the
approved.
simplicity to recognize You and to act accordingly. The Chair hears none; the motion is
Amen.
APPROVAL OF JOURNAL
ROLL CALL move that we ap-
prove the Journal of yesterday’s session.

call the roll.
approved.
The Chair hears none: the motion is
move that we
Abubakar Present Davide . . Present
Alonto Present Foz . . Present

Garcia Present
Aquino Present
. .
Gascon Present THE PRESIDENT. Is there any objection? (Silence)

Azcuna Present
. .
approved.
Bacani Present
Guingona . . . . . Present The Chair hears none; the motion is
Jamir Present will read the Reference of

Bengzon Present
. .
Laurel Present
Bennagen Present*
. .
Business.
Lerum Present
Bernas Present
. .
Rosario Braid . . . Present Maambong . . . . Present REFERENCE OF BUSINESS

Brocka Monsod Present
Absent . . . . . .
following Proposed
Calderon Natividad Present The Secretary-General read the
Absent Communications and
. . . . .
Castro de Nieva Present solutions on First Reading.

Present . .
mmittee Reports, the President

making the corre-
Colayco Present Nolledo . . . . . . Present
Concepcion .... Present Ople . . Present* nding references:
Âppeared after the roil call

PROPOSED RESOLUTIONS ON FIRST READING Introduced by Hon. Davide, Jr.
Proposed Resolution No. 458, entitled: To the Committee on Amendments and Transitory
Provisions.
RESOLUTION FIXING THE TERM OF THE INCUMBENT
PRESIDENT AND VICE-PRESIDENT. Proposed Resolution No. 464, entitled:
Introduced by Hon. Ople, Maambong and Natividad. RESOLUTION TO INCORPORATE IN THE ARTICLE ON
To the Committee on Amendments and Transitory TRANSITORY PROVISIONS OF THE NEW CONSTI-
Provisions. TUTION PROVISIONS FIXING LIMITATION TO THE
PERIOD WITHIN WHICH GOVERNMENT OFFICIALS
Proposed Resolution No. 459, entitled: AND EMPLOYEES MAY BE SEPARATED FROM THE
SERVICE DUE TO THE REORGANIZATION OF THE
RESOLUTION STRENGTHENING THE SEPARATION BE-
TWEEN CHURCH AND STATE. GOVERNMENT, PROVIDING THE RULE ON SEPARA-
TION AND MANDATING THE BENEFITS AND PRIVI-
Introduced by Hon. Ople, Natividad, de los Reyes, LEGES OF SEPARATED EMPLOYEES.
Jr. and Maambong.
and Agencies. To the Committee on Amendments and Transitory
Provisions.

RESOLUTION PROVIDING FOR REPRESENTATION OF
THE OPPOSITION IN THE CONSTITUTIONAL COM- RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
MISSIONS.
TUTION A PROVISION ON THE REPEAL OF ALL
LAWS WHICH ARE INIMICAL AND/OR TEND TO
Introduced by Hon. Maambong. DEPRIVE THE RIGHTS OF INDIGENOUS ETHNIC
To the Committee on Constitutional Commissions MINORITIES OVER THEIR ANCESTRAL LANDS.
and Agencies. Introduced by Hon. Bennagen.

RESOLUTION TO INCORPORATE IN THE ARTICLE ON Proposed Resolution No. 466, entitled:

TRANSITORY PROVISIONS OF THE NEW CONSTITU-
TION A PROVISION REPEALING ALL LAWS, DE- RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
CREES, PROCLAMATIONS, ORDERS, INSTRUCTIONS, TUTION A PROVISION FOR THE ADOPTION OF A
RULES OR REGULATIONS WHICH ARE INCONSIS- MULTIPARTY SYSTEM.
TENT WITH THE FREEDOM CONSTITUTION AND THE Introduced by Hon. Garcia.
NEW CONSTITUTION. To the Committee on Constitutional Commissions
Introduced by Hon. Davide, Jr. and Agencies.
Provisions. Proposed Resolution No. 467, entitled:
Proposed Resolution No. 462, entitled: TUTION A PROVISION PROHIBITING RELATIVES OF
RESOLUTION TO INCORPORATE IN THE ARTICLE ON INCUMBENT LOCAL OFFICIALS WITHIN THE THIRD
THE TRANSITORY PROVISIONS OF THE NEW CON- DEGREE OF CONSANGUINITY OR AFFINITY FROM
STITUTION A PROVISION MANDATING THE OB- RUNNING FOR THE POSITION TO BE VACATED BY
JECTIVES AND PARAMETERS OF GOVERNMENT THE INCUMBENT LOCAL OFFICIAL.
REORGANIZATION. Introduced by Hon. Garcia.
Introduced by Hon. Davide, Jr. To the Committee on Constitutional Commissions
To the Committee on Amendments and Transitory and Agencies.
Provisions.
Proposed Resolution No. 463, entitled: RESOLUTION PROPOSING TO ADOPT IN THE CONSTI-
TUTION THE RECOGNITION OF THE STATE OF THE
RIGHT OF THE CITIZENRY TO SPORTS AND PHY-
THE TRANSITORY PROVISIONS OF THE NEW CON-
SICAL EDUCATION.
STITUTION A PROVISION ON URGENT MEASURES
ON NATIONAL RECONSTRUCTION, RECOVERY AND Introduced by Hon. Quesada, Sarmiento, Garcia,
RECONCILIATION TO WHICH THE FIRST NATIONAL Suarez, Nolledo and Brocka.
ASSEMBLY MUST GIVE UTMOST PRIORITY. To the Committee on Human Resources.
Proposed Resolution No. 472, entitled; To the Committee on Human Resources.

RESOLUTION TO BROADEN THE SCOPE OF THE AR-
Letter from Bicol Multi-Sectoral Organization, Manila,
TICLE ON THE BILL OF RIGHTS TO INCORPORATE
signed by Sr. Gloria A. Martires, CFIC and 32 others,
ECONOMIC, SOCIAL AND CULTURAL RIGHTS.
requesting the inclusion of provisions on environmental
Introduced by Hon. Quesada, Sarmiento, Villacorta, protection from pollution, deforestation and unscru-
Garcia, Maainbong, Foz, Nieva, Bennagen, Aquino, pulous gathering of corals.
Gascon, Tan, Brocka, Davide, Jr., Rosario Braid, —
Uka, Tadeo, Nolledo and Suarez.
of 1986)
Patrimony.
Rights.
Letter from sa Kapayapaan at Katarungan

Aksyon Para
COMMUNICATIONS Esther Felipe of 224 Sto.
(AKKAPKA) signed by Ms.
Letter from Bulacan Social Action Movement signed by Domingo St., Quezon City and 1,181 others, proposing
Mr. Tirso G. Robles, Jr., proposing a provision mandat- a separate article on education, labor and employment,
ing the Legislature to enact laws on socialized medicine. housing and agrarian and urban land reform.

of 1986) of 1986)
To the Committee on Social Justice. To the Committee on Social Justice.
Letter from the Promotion of Church People’s Rights Letter from Center for Solidarity
Tourism signed by
signed by Fr. Rogelio Obja-an, OSA, Sr. Aurora R. Zam- A. Yaco, enclosing a resolution request-
Mr Crescencio
brano, ICM, and other members from the regions of for the development of alternative tour-
ing a provision
Mindanao and Visayas and the national office, pro- ism or “backyard tourism.”
posing the removal of foreign military bases, and sug- (Communication No. 168 — Constitutional Commission
gesting provisions on land reform, national industrializa-
of 1986)
tion and human rights.
Rights.
of 1986)
COMMITTEE REPORTS
Communication from the Union United Churchmen of Committee
Committee Report No. 18, prepared by the
Northern Mindanao, suggesting that a portion of the
on the Judiciary, entitled:
income tax proceeds be set aside and administered by
religious denominations for the purpose of helping the ARTICLE ON THE JUDICIARY,
poor. commending its approval.
^^^yes Jr
(Communication No. 163 — Constitutional Commission lonsored by Hon. Concepcion, de los
Suarez Regala
'Cum, Guingona, Colayco, Davide,
of 1986) Jr.,
Jamir, Sarmien-
To the Committee on Social Justice. I,Romulo, Treflas, Padilla, Sumulong,
,’uka, Natividad and Bengzon.
Letter from Fr. Bernard D. Verberne, MSC, of the
Multi-Sectoral Alliance for Tribal Concerns in Agusan,
requesting public hearings to give tribal Filipinos oppor- Proposed Resolution
nmittee Report No. 19 on
tunity to express themselves on their right to land, their
468, prepared by the
Committee on Constitutiona
own culture and system of justice. nmissions and Agencies, entitled.
(Communication No. 164 — Constitutional Commission tESOLUTION TO INCORPORATE THE NEW
of 1986) TUTION THE COMMON PROVISIONS ON THE CONST
^
ON
To the Committee on Human Resources. TUTIONAL COMMISSIONS AND THE PROVISIONS
THE CIVIL SERVICE COMMISSION,
Letter from Davao Inventors Society signed by Mr. Dom- approval in substitution
of Proposed
mimending its
nino S. Cagape, submitting a resolution petitioning the 135, 139, 238, 240,
lolution Nos. 51, 54, 108, 117,
Commission for the creation of an Inventors Trust
,356 and 357.
Fund.
msored by Hon. Foz, Rigos and Regalado,
of 1986) the Steering Committee.
Committee Report No. 20 on Proposed Resolution THE PRESIDENT. any objection to the
Is there
No. 469, prepared by the Committee on Constitutional motion of Commissioner Bengzon that the voting on
Commissions and Agencies, entitled; Third Reading which was held last night be recon-
RESOLUTION PROVIDING FOR THE PROVISIONS ON sidered? (Silence) The Chair hears none; the motion is
THE COMMISSION ON AUDIT IN THE NEW CONSTI- approved.
TUTION,
its
SUSPENSION OF THE RULES
Resolution Nos. 21 and 282. MR. BENGZON. Madam President, I also move for
Sponsored by Hon. Foz, Jamir and Monsod. the suspension of the Rules in order to bring back the
status of the Article on National Territory to Second
Reading for the sole purpose of accommodating one
Committee Report No. 21 on Proposed Resolution amendment to change a phrase which presently reads:
“all the other territories over which the government
No. 470, prepared by the Committee on Local Govern-
exercises sovereign jurisdiction” into the phrase “all
ments, entitled:
other territories over which th6 PHILIPPINES HAS
RESOLUTION PROPOSING TO INCORPORATE IN THE SOVEREIGNTY OR
jurisdiction.”
NEW CONSTITUTION AN ARTICLE ON LOCAL
GOVERNMENTS, THE PRESIDENT. Is there any objection? ( Silence)
its The Chair hears none; the motion is approved.
Resolution Nos. 182, 329 and 361.
Sponsored by Hon. Nolledo, Calderon, Tingson, Rosales, MR. RAMA. Madam President, I ask that Commis-
Alonto, de Castro, Bennagen, Rigos, Regalado, Jamir sioner Bernas be recognized.
and Ople.
To
the Steering Committee.
nized.
Committee Report No. 22, prepared by the Committee FR. BERNAS. Madam President, pursuant to the
on the Legislative, entitled: motion for the suspension of the Rules for the very
ARTICLE ON THE NATIONAL ASSEMBLY, exclusive purpose of inserting a change in the contro-
versial phrase, I would like to propose that present
recommending its approval.
amendment. We have in the text which was voted on
Sponsored by Hon. Davide, Jr., Azcuna, Abubakar, yesterday the phrase starting on the third line which
Alonto, Aquino, Calderon, Concepcion, de los Reyes, reads “and all the other territories over which the
Jr., Garcia, Guingona, Jamir, Lerum, Rodrigo,
Sumu- government exercises sovereignty or jurisdiction.” The
long and Trenas. changes proposed would be: in place of the word
Cosponsored by Hon. Villacorta, Romulo, Regalado, “government,” we put PHILIPPINES; in place of the
Foz, Gascon, Tingson, Monsod, Rigos and Sarmiento. word “exercises,” we put HAS; in place of the word
“sovereign,” we put SOVEREIGNTY, and then we add
To the Steering Committee. OR. Thus, the amended phrase would read: “and all the
other territories over which the PHILIPPINES has
MR. RAMA. Madam President. SOVEREIGNTY OR jurisdiction.” And the explana-
tion, if I may be allowed, is; on the change from
THE PRESIDENT. The Floor Leader is recognized. “government” to PHILIPPINES, this is a recognition of
the recommendation made by Commissioner Padilla
MR. RAMA. I move that we consider the
proposal on that instead of “government” we use PHILIPPINES;
the Articleon National Territory, and I ask that Commis- on the change from “exercises” to HAS, this is in
sioner Bengzon be recognized. recognition of the sole objection of Commissioner
Concepcion to this Article. The word HAS is of a
THE PRESIDENT. Commissioner Bengzon is recog- broader application than “exercises.” As explained by
nized. Commissioner Concepcion yesterday, one can continue
to have jurisdiction over a territory even if it is physical-
RECONSIDERATION OF VOTE ly wrested from him, whereas, in order to acquire a
ON THIRD READING territory, one must exercise jurisdiction over it. But one
ON PROPOSED RESOLUTION NO. 263 does not lose a territory simply because he has lost the
(Article on National Territory) physical exercise of jurisdiction. One still continues to
have jurisdiction even if he has lost effective exercise.
MR. BENGZON. Madam President, I move for a The example given yesterday was that the jurisdiction
reconsideration of the vote on Third Reading that took over the Philippines when Japan was exercising control
place last night on the Article on National Territory. over the Philippines was not lost.
So, with these, may I repeat, the phrase will now be: FR. BERNAS. It certainly would mean present
“and all the other territories over which the PHILIP- sovereignty.
PINES HAS SOVEREIGNTY OR jurisdiction.”
MR. DAVIDE. As well as past sovereignty?
THE PRESIDENT. So, the parliamentary situation
right now is, first of all, the suspension of the Rules in FR. BERNAS. It would not refer to past sovereignty
order to allow this proposed amendment. because if sovereignty is past, that means it has been
lost.
MR. DAVIDE. In other words, the import is just the
THE PRESIDENT. Yes. same as the original proposal?
Is there any objection? May I please proceed first? FR. BERNAS. No, the change in import is in the
change of the word “exercises” to HAS.

MR. NOLLEDO. Yes.
MR. DAVIDE. So, “HAS SOVEREIGNTY OR juris-
THE PRESIDENT. there any objection for the
Is diction”?
suspension of the Rules for the sole purpose stated by
Commissioner Bernas? (Silence) The Rules then are FR. BERNAS. Yes.
suspended for this particular purpose and the remarks
of Commissioner Bernas are taken into account. MR. DAVIDE. Nevertheless, the meaning again of
“HAS SOVEREIGNTY” would only be present sover-
MR. NOLLEDO. Madam President. eignty, not past sovereignty?
FR. BERNAS. Yes, that would be true because

if, as
lost; it is gone; one does
nized. I said, sovereignty is past, it is
not have it.
MR. NOLLEDO. Thank you. the

MR. DAVIDE. In other words, I would repeat,
On the same as the
behalf of the Committee on Preamble, National import of the new proposal is just
Territory,and Declaration of Principles, I would like to original proposal?
manifest that the members of the Committee gladly
accept the amendments of Commissioner Bernas and we FR. BERNAS. No, would say, it is not because
I
commend his high sense of statesmanship. the difference is in the word

HAS. The original pro-
posal could be understood to
mean that if one is unable
physically to exercise control,
then he loses the tem-
THE PRESIDENT. Thank you. even if one is unable
tory whereas,
• in the new proposal,
continues to have the sover-
MR. DAVIDE. Madam President. to exercise the control, he
eignty. Let me give an example.
example
nized. MR. DAVIDE. Would the proponent give an
on the matter of Sabah?
MR. DAVIDE. Will the distinguished sponsor of the
amendment yield to some clarificatory questions?
the example not be

extended to
THE PRESIDENT. What does Commissioner Bernas MR. DAVIDE. Can
say? Sabah?
own example
FR. BERNAS. Very willingly. FR. BERNAS. Let me first give my
since I am the one giving the example.
MR. DAVIDE. Madam President, under the new accommodate that,
proposed amendment, would “SOVEREIGNTY mean MR. DAVIDE. Yes. We will
past and present sovereignty? Madam President.

of Batane^
Let us take the example
BERNAS.
the PRESIDENT. The question is addressed to L
and
avnuZction over Batanes. We .are actually
Commissioner Bernas. and
cally exercising sovereignty
tomorrow, a very p ,
MR. DAVIDE. Would the word “SOVER-

Yes. les. Let us suppose that
EIGNTY” overcomes our government m Batanes
in the new proposed amendment mean either ^
continue to ha
us of control over that area.
We
past sovereignty or present sovereignty? s
jurisdiction over even if the invading force may be

it MR. DE CASTRO. We are, therefore, losing our
able to impose laws on it by force. We have jurisdic-
its historic right or legal title over Sabah. Am I correct?
tion, but temporarily we are unable to exercise jurisdic-
tion. FR. BERNAS. In my humble opinion, the Gentle-
man is not correct.
MR. DA VIDE. Since the meat of the original pro-
posal and the present proposal would precisely be on MR. DE CASTRO. Why?
the issue of Sabah . . .
FR. BERNAS. Because we can always claim it under

FR. BERNAS. On the issue of Sabah now, Sabah international law. There are accepted modes of esta-
would be included, if it can be proven that we have blishing a claim over a territory under international law
sovereignty or jurisdiction. and I am sure that our Constitution will uphold the
generally accepted principles of international law.
MR. DAVIDE. So, our historic right or legal title to
Sabah would now be dropped.
MR. DE CASTRO. In short, with this proposal on the
Articleon National Territory, as well as the sponsor’s
FR. BERNAS. No, it is not being dropped. It is being
amendment now, we are dropping our claim over Sabah
left unsettled by us because we are not a judicial body
and we leave it to international law to settle our claim
capable of passing judgment on a factual issue.
on it. Am I correct?
MR. DAVIDE.
In other words, to be very clear about
it,under the present wording, we have not foreclosed
FR. BERNAS. My
position is: We are not interfering
with whatever the executive department might do about
any claim over Sabah because we have historic title over
the claim over Sabah.
it?
FR. BERNAS. We have not foreclosed any claim to MR. DE CASTRO. May I know the reason why we
Sabah, period. Neither are we saying that we have. dropped the words “historic right or legal title” con-
tained in the Article on National Territory of the 1973
MR. DAVIDE. That becomes more confusing. Constitution?
I thank the proponent and thank you. Madam Pres-

ident.
FR. BERNAS. If I will be allowed to repeat what we
have repeated over and over again in this session hall, I
MR. RAMA. Madam President. will repeat the reasons.
THE PRESIDENT. The Floor Leader is recognized. MR. DE CASTRO. I ask this because before this
amendment, when the phrase was still “government
MR. RAMA. There are no more interpellators. exercises sovereign jurisdiction,” the sponsor insisted
that we are not dropping our claim over Sabah with that
THE PRESIDENT. Commissioner de Castro is recog- phrase. That is why I am now asking why we are drop-
nized. ping our claim per the sponsor’s explanation.
MR. DE CASTRO. May the Honorable Bernas yield FR. BERNAS. I already said we are not dropping any
to a few questions? claim.
FR. BERNAS. Very gladly. MR. DE CASTRO. The sponsor is not dropping any
claim but he leaves this claim to be settled under inter-
MR. DE CASTRO. As I get it,we have not fore- national law and not state it on the provision on Nation-
closed, as the proponent has said, our claim over Sabah al Territory, am I correct?
with this phrase “the PHILIPPINES HAS SOVEREIGN-
TY OR jurisdiction.” Am I correct? FR. BERNAS. I prescinding from any
said I am
claim have been made by the government
which may
FR. BERNAS. We are not making any claim over of the Philippines. It is not a question of dropping
or continuing; it is a question of prescinding
—
Sabah. We are not dropping any claim. This prescinds
any claim. P-R-E-S-C-I-N-D-I-N-G.
MR. DE CASTRO. So, we are not making any claim MR. DE CASTRO. Madam President, we are playing
nor dropping any claim? with words here. Frankly and forthrightly, why do we
not state that we are claiming or we are abandoning our
FR. BERNAS. No, we are prescinding from any claim? Why play with words?
uncertain claim. Thank you.
THE PRESIDENT. Commissioner Abubakar is recog- sovereignty refers to present sovereignty, then it would
nized. appear we cannot claim sovereignty over the territory
that we will acquire 200 years from now because the
MR. ABUBAKAR. I just want to task one simple wording here is “HAS SOVEREIGNTY,” and it only
question that requires a simple answer. Has the Philip- refers to the present; it is used in the present tense.
pines ever acquired jurisdiction over Sabah? I mean, So, I regret very much that this has to be opened. I
within the context of the term “jurisdiction.” had hoped that we would let the word “SOVER-
EIGNTY” remain as it is without the necessity of fur-
FR. BERNAS. We are not answering that question ther interpretation or construction.
here; we are prescinding from that question here.
MR. ABUBAKAR. But we spoke of jurisdiction. Why FR. BERNAS. Madam President, just a word of reply,
are we afraid to face the issue and not answer the ques- please.
tion if ever we have acquired jurisdiction over Sabah?
THE PRESIDENT. Yes, Commissioner Bemas may

FR. BERNAS. ‘Because I am not in a position to
do so.
answer the factual issues of the case. The complicated
issues of the case are factual. We have not been given the
FR. BERNAS. In my reply to the interpellation of
documents for us to examine. How can we make a Commissioner Davide, the only thing I excluded was
judgment over that? whatever we might
past sovereignty. I did not exclude
We believe that if we have to make a judgment, it
have in the future; I did not exclude whatever we may
must be a judgment with due process. And due process have in the future.
is a process which decides only after hearing. We have
not heard; we have not seen the evidence. MR. RAMA. Madam President.
MR. ABUBAKAR. In other words, from the spon- Floor Leader recognized.
sor’s reply and from his knowledge and whatever

MR. RAMA. The amendment has been
evidence we heard, he does not put in the Record that sufficiently
the Philippines has acquired jurisdiction over Sabah? further interpellate.
debated and none has registered to
vote on the amendment ot
So, I move that we take a
FR. BERNAS. We are not. Commissioner Bernas.
MR. ABUBAKAR. Thank you. THE PRESIDENT. Is there any objection? (Silence)
approved.
The Chair hears none; the motion is
MR. GUINGONA. Madam President.

to take a vote on the amend-
We will now proceed
THE PRESIDENT. Commissioner Guingona is recog- ment of Commissioner Bernas.
nized. added in substitution
FR. BERNAS. The phrase to be
other territories over which the PHILIP-
will be: “all the
MR. GUINGONA. The honorable Members of this
PINES HAS SOVEREIGNTY OR jurisdiction.
Commission will perhaps recall that last night, I ob-
jected to the motion for reconsideration and made a
manifestation that today I would make a motion to VOTING
recommit the Article on National Territory to the com- in favor of the proposed
THE PRESIDENT. Those
mittee concerned. But this morning, after consultation, (Several Members
I agreed not to object and not to present any motion.
.endmenl, please raise their hand.
However, may I say that I find it unfortunate that the sed their hand.)
amendment, please raise
question regarding sovereignty has to be raised. I had Those against the proposed
the occasion to read the statement of Messrs. Kaplan =>ir hand. (Few
and Katzenbach wherein, speaking of sovereignty, they show 38 votes of the amendment
in favor
The results
said: . a.1 k therefore, approved.
There is no more confusing concept in international
law than sovereignty. It has been viewed indiscriminately MR. RAMA. Madam President.
in a number of different meanings by decision-makers and
recognized.
scholars alike. THE PRESIDENT. The Floor Leader is
I regret that we have to distinguish sovereignty, we close

MR. RAMA. Madam President, I move that
whether it is past, present or future, because 200 years National
Article on
the period of amendments on
the
from now, if the Philippines were to acquire a territory
and if we follow the interpretation given here that Territory.
THE PRESIDENT. Is there any objection? (Silence) NOMINAL VOTING ON PROPOSED RESOLUTION
The Chair hears none; the motion is approved. NO. 263 ON THIRD READING
proceed to the voting on Third Reading on the Article MR. RAMA. Madam President, I move that we vote
on National Territory. on Third Reading on Proposed Resolution No. 263.
MR. DA VIDE. Madam President. THE PRESIDENT. Is there any objection? (Silence)
THE PRESIDENT. Yes, Commissioner Davide is
Printed copies of Proposed Resolution No. 263 were
recognized.
distributed on July 8, 1986, pursuant to Section 27,
Rule VI of the Rules of the Constitutional Commission.
MR. DAVIDE. I think a voting on Third Reading will
not be proper at this time because we have just reopened Voting on the proposed resolution on Third Reading
the period of amendments to accommodate one amend- is, therefore, in order.
ment. So, we must first have a voting on Second Read- The Secretary-General will read th*e title of the pro-
ing, not on Third Reading. posed resolution.
THE PRESIDENT. What we have just finished is the THE SECRETARY-GENERAL. Proposed Resolution
voting on the proposed amendment of Commissioner No. 263, entitled:
Bernas.
TUTION AN ARTICLE ON NATIONAL TERRITORY.
ON SECOND READING FIRST ROLL CALL
MR. RAMA. Madam THE PRESIDENT. The body will now vote on this
President, to accommodate resolution and the Secretary-General will call the roll.
Commissioner Davide, I move that we approve on
Second Reading the Article on National Territory, as
amended. THE SECRETARY-GENERAL, reading:
Abubakar . . . Yes Bennagen . . . . Yes
. .
THE PRESIDENT. Those in favor of the approval on Alonto Yes Bernas . ... Yes
Second Reading of the whole Article on National Terri- Aquino Rosario Braid . . Yes .
tory, as amended, please raise their hand. (Several Azcuna . . . . Yes Rrnrka . . .
Members raised their hand. Bacani Yes Calderon ....

Those against, please raise their hand. Bengzon Castro de ...
(Few Members
raised their hand.)
The results show 39 votes

MR. DE CASTRO. Madam President.
in favor, 3 against and no
abstention; the Article on National Territory, as
amended, is approved on Second Reading.
nized.

MR. DE CASTRO. May I explain my vote?
THE PRESIDENT. The Floor Leader is recognized. THE PRESIDENT. Commissioner de Castro has three
recognized..
COMMISSIONER DE CASTRO EXPLAINS HIS VOTE
THE PRESIDENT. Commissioner Bengzon is recog- MR. DE CASTRO. Madam President, I vote ni2, be-
nized. cause whatever play of words we on have in this Article
National Territory, our country would, in effect, drop
SUSPENSION OF THE RULES its claim to Sabah and to any territory it may want to
claim in the future, as stated by Commissioner Guin-

MR. BENGZON. Madam President, I move for the
gona. We should also have given the Executive the
suspension of the Rules so that we can vote on Third
opportunity to have a hand in so delicate and important
Reading on the Article on National Territory.
an issue like our claim to Sabah. My remarks last night
stand.
Is
The Chair hears none; the motion is approved. Thank you. Madam President.

Colay CO Yes Davide Brocka Rosales
Concepcion Yes Calderon Tingson
Munoz Palma
MR. DAVIDE. Madam President, may I be allowed to
explain my vote very briefly. APPROVAL OF PROPOSED RESOLUTION NO. 263
ON THIRD READING
THE PRESIDENT. Commissioner Davide has three (Article on National Territory)
minutes.
COMMISSIONER DAVIDE EXPLAINS HIS VOTE favor, 4 against and no abstention.
MR. DAVIDE. My vote is no, because I am unable to Proposed Resolution No. 263 is approved on Third
perceive the difference between the original and modi- Reading.*
fied Bernas’ amendment. Both amount to the same
thing. MR. RAMA. Madam President.
THE SECRETARY-GENERAL, reading: THE PRESIDENT. The Floor Leader is recognized.

Foz Yes Gascon Yes
Garcia Yes Guingona NOMINAL VOTING ON PROPOSED
RESOLUTION NO. 7 ON THIRD READING
MR. GUINGONA. Madam President, may I be al-
(Article on Citizenship)
lowed to explain my vote.
MR. RAMA. I move that we vote on Third Reading

THE PRESIDENT. Commissioner Guingona has three
minutes. on Proposed Resolution No. 7.

COMMISSIONER GUINGONA EXPLAINS HIS VOTE
MR. GUINGONA. Thank you. Madam President. Printed copies of Proposed
Resolution No. 7 were
distributed on July 9, 1986
pursuant to Section 27,
First of wish to thank Commissioner Bernas for
all, I
Constitutional Commission.
partially acceptingmy suggestion of changing “sovereign Rule VI of the Rules of the
jurisdiction” to “sovereignty or jurisdiction ” or “title.” Voting on the proposed resolution
is, therefore, in
I was hoping that even with the nonacceptance of the
order.
third word, I might be able to vote in favor, but because of the pro-
The Secretary-General will read the title
of the manifestation made during the interpellations by
the honorable Commissioner Davide, notwithstanding posed resolution.
my view that the interpretation is not binding, I am Proposed Resolution
constrained to vote no. THE SECRETARY-GENERAL.
3. 7, entitled:
THE NEW CONSTI-
THE SECRETARY-GENERAL, reading: RESOLUTION TO INCORPORATE IN
Jamir .
Yes Rigos Yes
Laurel .... Yes Rodrigo .... Yes
FIRST ROLL CALL
. .
Lerum . . . Yes Romulo .... Yes

Maambong Yes Rosales now vote on this
HE PRESIDENT. The body will
. . . . . .
Monsod . . . . . Yes Saimiento ... Yes Secretary-General will call

josed resolution and the
.
Natividad . . . . . . Yes Suarez Yes

Nieva .... . . . Yes Sumulong . . . . Yes
Nolledo Tadeo Yes
Ople Tan Yes
THE SECRETARY-GENERAL, reading: Yes
Yes Castro de
Padilla , . . Yes Tingson Abubakar . .
Yes
Yes Colayco
Munoz Palma . . .
Trenas ... Yes Alonto . . . .
No
Yes Concepcion
Quesada . . Yes Uka ... Yes Aquino . . . .
Yes
Rama .... Azcuna .... . Yes
. . No Villacorta . . . . ... Yes
Bacani Yes
Regalado . . Yes Villegas ... Yes . . . . .
Yes
Reyes de Bengzon Yes
los . . . . . Yes . . . .
Yes
Bennagen Yes
. . .
No
SECOND ROLL CALL Bernas . Yes Guingona
. . . .
Yes
Yes
THE PRESIDENT. The Secretary-General will Rosario Braid .
Yes
conduct a second call for those who have not registered Brocka . . . .
Calderon
Lerum
their votes. . . .
See Appendix
Maambong . . . . . . Yes Rodrigo Yes THE PRESIDING OFFICER (Mr. Azcuna). Commis-
Monsod . . Yes Romulo Yes sioner Bengzon may proceed.
Natividad . . Yes Rosales
Nieva . . Yes Sarmiento . . . . . . . Yes MR. BENGZON. May I call the attention of the
Nolledo . . Yes Suarez ... No Members of Commission that in the Order of Busi-
this
Ople . . Yes Sumulong . . . . ... Yes ness yesterday. Committee Report No. 18, the draft
Padilla . . No Tadeo ... No Article on the Judiciary, was included and a separate
Munoz Palma . . . Tan ... Yes sheet was distributed to each Commissioner making the
Quesada . . Yes Tingson committee report as an additional Reference of Busi-
Rama • • Yes Trenas ness. Itis supposed to have been included in the Calen-
Regalado • • Yes Uka ... Yes dar of Business so that it could be taken up today, but
Reyes de los ... . . Yes Villacorta . . . . ... Yes due to an oversight of the Bills and Index Division,
Rigos . . Yes Villegas ... Yes Committee Report No. 18 was not included in the
Business for the Day. For this reason, since the Rules
SECOND ROLL CALL has been followed and we agreed informally yesterday
that this will be taken up for sponsorship, interpella-
THE PRESIDENT. The Secretary-General will con-
tions and, possibly, for amendments, and considering
duct a second call for those who have not registered
further that the Chairman and the members of the Com-
their votes.
mittee on the Judiciary are ready to sponsor this com-
mittee report, I move that we consider Committee
Report No. 18 as part of the Business for the Day so
Brocka Munoz Palma that we can proceed to its consideration.
Calderon Rosales . . . .
Foz Tingson . . .
A MEMBER. I second the motion.
Lerum
THE PRESIDING OFFICER (Mr. Azcuna). It has
APPROVAL OF PROPOSED RESOLUTION NO 7 been moved and seconded that Committee Report
ON THIRD READING No. 18 on the Judiciary be taken up on Second Reading
(Article on Citizenship) as part of the Business for the Day.
THE PRESIDENT. The results show 36 votes in Is there any objection? (Silence) The Chair hears
favor, 5 against and no abstention. none; the motion is approved.
Proposed Resolution No. 7 is approved on Third
Reading. * CONSIDERATION OF COMMITTEE REPORT NO. 18
(Article on the Judiciary)
It was 4:02 p.m. MR. BENGZON. Mr. Presiding Officer, I move that
we consider Committee Report No. 18 on Proposed
Resolution Nos. 14, 18, 52, 75, 78, 1 12, 1 15, 140, 143,
146, 147, 153, 204, 236, 259, 275, 292 and 313 as
At 4:06 p.m., the session was resumed with the reported out by the Committee on the Judiciary.
Honorable Adolfo S. Azcuna, presiding.
THE PRESIDING OFFICER (Mr. Azcuna). Is there
THE PRESIDING OFFICER (Mr. Azcuna). The any objection? (Silence) The Chair hears none; the
session is resumed. motion is approved.
Consideration of Committee Report No. 18 is now in
MR. RAMA. Mr. Presiding Officer. order. With the permission of the body, the Secretary-
General will read only the title of the committee report
THE PRESIDING OFFICER (Mr. Azcuna). The without prejudice to inserting in the Record the whole
honorable Floor Leader is recognized.
text thereof.
MR. RAMA. Mr. Presiding Officer, I ask that the

Chairman of the Steering Committee be recognized.
THE SECRETARY-GENERAL. Committee Report
No. 18, entitled:
THE PRESIDING OFFICER (Mr. Azcuna). Commis- ARTICLE ON THE JUDICIARY.

sioner Bengzon is recognized.
(The following is the whole text of the draft Article on the
MR. BENGZON. It is a pleasant surprise, Mr. Presid- Judiciary per C.R. No. 18.)
ing Officer.
*See Appendix
COMMITTEE REPORT NO. 18 Proposed Resolution No. 143, introduced by Hon. Davide,
entitled:
The Committee on the Judiciary to which were referred the
following proposed resolutions: Proposed Resolution No. 14,
RESOLUTION PROHIBITING COURTS FROM ISSUING
introduced by Hon. de los Reyes, entitled:
MINUTE RESOLUTIONS, AMENDING FOR THE PUR-
POSE SECTION NINE OF ARTICLE TEN OF THE
RESOLUTION TO RETAIN THE PROVISIONS OF ARTI- 1973 CONSTITUTION,
CLE X, SECTION 11 (1) OF THE 1973 CONSTITUTION
AND TO MAKE THE SAME MANDATORY AND AP- Proposed Resolution No. 146, introduced by Hon. Regalado,
PLICABLE TO CASES PENDING BEFORE THE entitled:
COURTS,
RESOLUTION ON THE SPECIFICITY AND REQUISITES
Proposed Resolution No. 18, introduced by Hon. Azcuna, en- FOR THE EXERCISE OF THE POWER OF THE SU-
titled: PREME COURT TO DECLARE THE UNCONSTITU-
RESOLUTION TO PROVIDE FOR A CONSTITUTIONAL TIONALITY OR INVALIDITY OF TREATIES, EXECU-
WRIT OF AMPARO, TIVE AGREEMENTS AND LAWS,
Proposed Resolution No. 52, introduced by Hon. Guingona, Proposed Resolution No. 147, introduced by Hon. Regalado,
entitled: entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- RESOLUTION PROVIDING FOR THE REQUISITES FOR
TUTION ARTICLES ON THE JUDICIARY TO SAFE- THE IMPOSITION OF THE DEATH PENALTY IN
GUARD AND ENHANCE THE INDEPENDENCE OF THE CRIMINAL CASES BY THE SUPREME COURT,
SUPREME COURT, Romulo,
Proposed Resolution No. 153, introduced by Hon.
Proposed Resolution No. 75, introduced by Hon. Colayco, entitled:
entitled: RESOLUTION PROPOSING THE CREATION OF A JUDI-

RESOLUTION TO INCORPORATE IN THE NEW CONSTI- CIAL COUNCIL,
TUTION A PROVISION PROHIBITING THE DESIGNA-
introduced by Hon. Colayco,
TION OF THE MEMBERS OF THE SUPREME COURT Proposed Resolution No. 204,
AND OF THE OTHER COURTS CREATED BY LAW TO entitled:
PERFORM NONJUDICIAL AND ADMINISTRATIVE RESOLUTION PROVIDING FOR THE

APPOINTMENT OF
BODIES OR AGENCIES EXCEPT WITH THE APPROVAL SUPREME COURT, THE IN-
THE MEMBERS OF THE
OF THE MAJORITY VOTE OF THE MEMBERS OF THE TERMEDIATE APPELLATE COURT, AND OF THE
SENATE AND HOUSE OF REPRESENTATIVES, BY LAW, INCLUDING
OTHER COURTS ESTABLISHED
Proposed Resolution No. 78, introduced by Hon. Davide,
entitled: by Hon. Romulo,
,osed Resolution No. 236, introduced
RESOLUTION PROVIDING FOR THE MANNER OF AP- tied:
POINTMENT TO THE SUPREME COURT AND OTHER ^SOLUTION PROPOSING A
COURTS TO ENSURE THE INDEPENDENCE OF THE CONSTITUTION AUTHORIZING THE
CHIEF JUSTICE
JUDICIARY,
Proposed Resolution No. 112, introduced by Hon. de los Reyes,

introduced by Hon. Trefias,
jposed Resolution No. 259,
entitled:
titled:
RESOLUTION REMOVING FROM THE SUPREME COURT proposed consti-
resolution to include in the
ADMINISTRATIVE SUPERVISION OVER ALL COURTS REQUIRING APPROVAL BY
AND PERSONNEL THEREOF AND VESTING THE tution a PROVISION RULES CONCERNING
TOE SWMME COURT OF
SAME IN A JUDICIAL COMMISSION AND FOR OTHER
PURPOSES,

entitled:
115, introduced by Hon. Davide,
™aDING PRACTICE AND
MULGATEi BY QUASI-JUD|CIAL
THESE RULES CAN BECOME
PROCEDURE
EFFECTIVE,
275,
PRO-
BEFORE
introduced
^
by Hon. Trefias,
,
posed Resolution No.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- itied:
TUTION A PROVISION PROHIBITING A GENERAL PROPOSED CONSTI-
REVAMP OF THE JUDICIARY BY LEGISLATION, resolution to INCLUDE IN THE
PARAGRAPH (I), AR-
TUTION SECTION ELEVEN,
WITH MOOT
Proposed Resolution No. 140, introduced by Hon. Suarez, TOL^X OF WE 1973 CONSTITUTION
entitled: AND WITH AN
FICATIONS
TO FURTHER STRENGTHEN THE COMPULSORY
RESOLUTION PROVIDING FOR THE SECURITY OF
TENURE OF THE MEMBERS OF THE JUDICIARY, CHARACTER OF SAID PROVISION,
Proposed Resolution No. 292, introduced by Hon. Padilla, The Committee hereby gratefully acknowledges the valuable
entitled: contribution of the various resource persons who either appeared
in person or submitted position papers.
RESOLUTION PROVIDING FOR APPEAL FROM JUDG-
MENT OF ACQUITTAL WHEN IT IS MANIFESTLY
Roberto R. Concepcion
(Sgd.)
AGAINST THE EVIDENCE AND IS CONTRARY TO
Chairman
LAW,
Committee on the Judiciary
Proposed Resolution No. 313, introduced by Hon. Suarez,
entitled:
ARTICLE
RESOLUTION TO PROVIDE FOR AN ANNUAL BUDGET

THE JUDICIARY
FOR THE JUDICIAL DEPARTMENT TO INSURE ITS Section 1. The judicial power shall be vested in one Supreme
INDEPENDENCE, Court and in such lower courts as may be established by law.
has considered the foregoing proposed resolutions and has the Judicial power includes the duty of courts of justice to settle
honor to report them back to the Constitutional Commission of actual controversies involving rights which are legally demandable
1986 with the recommendation that all of the listed proposed and enforceable and to determine whether or not there has been a
resolutions be approved as revised, amended or adopted by the
grave abuse of discretion amounting to lack or excess of jurisdic-
Committee and as hereinafter described. tion on the part of any branch or instrumentality of the govern-
Each proposed resolution accepted by the Committee was not ment.
considered and amended on a line-by-line basis. Rather, the Com- Section 2. The National Assembly shall have the power to
mittee adopted the basic concept or substance of the proposed
define, prescribe, and apportion the jurisdiction of the various
resolutions and embodied it in the attached draft of the Article
courts but may not deprive the Supreme Court of its jurisdiction
on the Judiciary. Thus, in this report, we indicated hereunder in
over cases enumerated in Section 7 hereof.
which section of the proposed Article on the Judiciary a parti-
cular proposed resolution is reflected.
No law shall be passed reorganizing the judiciary when it
undermines security of tenure.

Proposed Resolution Section Embodied In
Section 3. (1) The Supreme Court shall be composed of a
No. 14(de los Reyes) Sec. 14 Chief Justice and ten Associate Justices. It may sit en banc or in
No, 18 (Azcuna) Sec. 7 (5) two divisions.
No. 52 (Guingona) Sec. 13 & 15
No. 75 (Colayco) (2) All cases involving the constitutionality of a treaty, inter-
Sec. 8
No. 78 (Davide) national agreement, or law shall be heard and
or executive
Sec. 6
No. 1 12 (de los Reyes) decided
(4) by the Supreme Court en banc, and no treaty, interna-
Sec. 6
No. 115 (Davide) tional or executive agreement, or law may be declared unconsti-
Sec. 2, 2nd Para.
No. 140 (Suarez tutional without the concurrence of a majority plus one of the
Sec. 2, 2nd Para.
No. 143 (Davide) members who actually participated when the case was submitted
Sec. 1 2, 2nd Para.
Nos. 146 & 147 (Regalado) for decision. The same number of votes shall be required for the
Sec. 3 (2)
No. 153 (Romulo) imposition of the death penalty.
Sec. 6
No. 204 (Colayco) or
Sec. 6 (3) All other cases including those involving the application
No. 236 (Romulo) Sec. 16 operation of presidential decrees, proclamations, orders, instruc-
No. 259 (Trehas) Sec. 7(5) tions, ordinances and other regulations which under the rules of
No. 275 (Trenas) Sec. 14 court are required to be heard en banc shall be decided with the
No. 292 (Padilla) Sec. 12, 3rd Para. concurrence of a majority of the members who actually par-
No. 313 (Suarez) Sec. 15 ticipated when the case was submitted for decision.
We have recommended to the Committee on Transitory Pro-
Cases heard by a division shall be decided with the concur-
visions the following:
rence of a majority of the members who actually participated
“Section The Supreme Court shall adopt for itself and

when the case was submitted for decision but if such required
the lower courts a systematic plan to expedite the decision or number is not obtained, the case shall be decided en banc: Pro-
resolution of cases or matters filed with the Supreme Court or the vided, that no doctrine or principle of law laid down by the court
in a decision rendered en banc or in division may be modified or
lower courts prior to the effectivity of this Constitution.”
reversed except by the court sitting en banc.
“Section . All courts existing at the time of the ratifica-
tion of this constitution shall continue and exercise their jurisdic- Section 4. (1) No person shall be appointed member of the
tion, until otherwise provided by law in accordance with this Supreme Court unless he is a natural-born citizen of the Philip-
pines, at least forty years of age, and has for fifteen years or more
constitution, and all cases pending in said courts shall be heard,
been a judge of a lower court or engaged in the practice of law in
tried,and determined under the laws then in force. The provi-
the Philippines.
sions of the existing rules of court not inconsistent with this
constitution shall remain operative unless amended, modified, or (2) The National Assembly shall prescribe the qualifications of
repealed by the Supreme Court or the National Assembly.” judges of lower courts, but no person may be appointed judge
thereof unless he is a natural-bom citizen of the Philippines and not last longer than six months without the consent of the judge
a member of the Philippine Bar. concerned.
Section 5. The Members of the Supreme Court and judges (4) Order a change of venue or place of trial to avoid a miscar-
of lower courts shall be appointed by the President from a list of riage of justice.
at least three nominees prepared by a Judicial and Bar Council protection and enforce-
(5) Promulgate rules concerning the
for every vacancy. Such appointments need no confirmation. ment of constitutional rights, pleading, practice, and procedure in
of law, the integrated bar,
Section 6. (1) A Judicial and Bar Council is hereby created all courts, the admission to the practice
under the supervision of the Supreme Court composed of the and The National Assem-
legal assistance to the underprivileged.
Chief as exofficio Chairman, the Minister of Justice and a rep- bly may supplement the said rules with the advice
repeal, alter, or
resentative of the National Assembly as exofficio members, a and concurrence of the Supreme Court. Such rules shall provide a
simplified and inexpensive procedure for the speedy
disposition
representative of the integrated bar of the Philippines, a pro-
of cases, be uniform for all courts of the same grade, and
shall
fessor of law, a retired member of the Supreme Court, and a
shall not diminish, increase, or modify
substantive rights. Rules
representative of the private sector.
bodies shaU take
of procedure of special courts and quasi-judicial
(2) The regular members of the Council shall be appointed effect upon approval by the Supreme Court.
by the President for a term of four years. Of the members first and employees of the judiciary in
(6) Appoint all officials
appointed, the representative of the integrated bar of the Philip-
accordance with the Civil Service Law.
pines shall serve for four years, the professor of law for three
years, the retired justice for two years, and the representative of Section 8. The Members of the Supreme Court and of other
the private sector for one year. ourts established by law shall not be designated to any agency
administrative functions.
performing quasi-judicial and/or
(3) The Clerk of the Supreme Court shall be the Secretary
shall have administrative super-
exofficio and shall keep a record of the proceedings of the Section 9. The Supreme Court
personnel thereof.
Council. ision over all courts and the
judges of
the Council shall receive such Section 10. The Members of the Supreme Court and
(4) The regular members of behavior until they
during good
emoluments, and the exofficio members shall receive such ,wer courts shall hold office
or become incapacitated to dis-
may be determined by the Supreme Court. The
allowances, as ;ach the age of seventy years
duties of their office.
The Supreme Court en banc
Supreme Court shall provide in its annual budget the appro- harge the
judges of lower courts or
priations for the Council. lallhave the power to discipUne
rder their dismissal by
the vote of a
The Council
(5) shall have the principal function of recom- lembers who actually
participated when the matter
was f
mending appointees to the judiciary. It may exercise such other iibmitted for resolution.
functions and duties as the Supreme Court may assign to it.
Section 11. The conclusions of the
Section 7. The Supreme Court shall have the following to it for decision en
banc or m division shall be
ase submitted
powers: before the case is
in consultation
cached
of the court. A certification
to this
opinion
affecting ambas- or the writing of the
(1) Exercise original jurisdiction over cases Justice shall be issued
and a copy there-
sadors, other public ministers and consuls, and over petitions for ??eS signedt' the Chief
certiorari, prohibition, mandamus, quo warranto, and habeas Jed
corpus.
^7r„"iro?relo„. ne
(2) Review, revise, reverse, modify, or affirm on
appeal or lower coUegiate courts.
hall be observed by aU
certiorari, as the law or the rules of court may provide, final by any court
shall be rendered
— 5>ection
Section 12. No
decision
and the
judgments and decrees of lower courts in
.igarlv and
cieariy ai distinctly the facts
without expressing
therein
(a) All cases in which the constitutionality or validity of
iw on which it is based.
any treaty, international or executive agreement, law, or-
dinance, executive order, proclamation, or regulation is in
question.
dthout stating the legal basis therefor.
(b) All cases involving the legality of any tax, impost, as- party from ajudg-
u 11,,. crate and/or the offended
appeal by the State
.
or any penalty imposed in relation thereto. An

sessment, or toll,
may ^
[lent of acquittal on the
(c) All cases in which the jurisdiction of any lower court is ,pview on certiorari
upreme Court by
in issue. manifestly against
round that it is
3 diction.
excess orfj„,j
(d) All criminal cases in which the penalty imposed is death
buse of discretion
amountmg to lack or j
and of the Asso-

or life imprisonment. C *• 11
13. The salary
of the Chief Justice
Secticn
nfiudees of lower courts
(e) All cases in which only an error or question of law is
involved.
(3) Assign temporarily judges of lower courts to other stations

as public interest may require. Such temporary assignment shall
shall receive an annual salary of and each Associate all, of God, and is the most powerful of
reflects the will
Justice pesos. all other powers without exception. But before I pro-
Section 14. (1) All cases or matters filed after the effectivity ceed, I would like to present my regrets for being out,
of this Constitution must be decided or resolved within twenty- not being when the Committee was
in the session hall
four months from date of submission for the Supreme Court, and called to report. I thought we had a recess. And con-
unless reduced by the Supreme Court, twelve months for all sidering our experience last night, when most of us were
lower collegiate courts, and three months for all other lower unable to reach our homes until late in the evening, I
courts. thought it was an opportune moment to get some rein-
forcement, if I may use the expression. And so, with the
(2) A deemed submitted for decision or
case or matter shall be
body’s indulgence, I will proceed to read the provisions
resolutionupon the filing of the last pleading, brief, or memo-
drafted by the Committee on the Judiciary.
randum required by the rules of court or by the court itself.
The first section starts with a sentence copied from
(3) Upon the expiration of the corresponding period, a certifi-
former Constitutions. It says:
cation to this effect signedby the Chief Justice or the presiding
judge shall forthwith be issued and a copy thereof attached to the The judicial power shall be vested in one Supreme Court
record of the case or matter, and served upon the parties. and in such lower courts as may be established by law.
Section 15. An amount equivalent to not less than two percent I suppose nobody can question it.
of the national budget shall be automatically appropriated and

The next provision is new in our constitutional law.
regularly released for the judiciary.
I will read it first and explain.
Section 1 6. The Supreme Court shall, within thirty days from
power includes the duty of courts of justice to
Judicial
the opening of each regular session of the National Assembly,
settle actual controversies involving rightswhich are legally
submit to the President and the National Assembly an annual
demandable and enforceable and to determine whether or
report on the operations and activities of the judiciary. The Chief
not there has been a grave abuse of discretion amounting to
Justice shall address the National Assembly at the opening of
lack or excess of jurisdiction on the part or instrumentality
each regular session. of the government.
MR. RAMA. May I ask that the sponsor of the Article Fellow Members of this Commission, this is actually a
on the Judiciary, Commissioner Concepcion, be recog- product of our experience during martial law. As a
nized? matter of fact, it has some antecedents in the past, but
the role of the judiciary during the deposed regime was
SUSPENSION OF SESSION marred considerably by the circumstance that in a
number of cases against the government, which then had
THE PRESIDING OFFICER (Mr. Azcuna). The no defense at all, the solicitor general set up the
legal
defense of political questions and got away with it. As a
It was 4:09 p.m. consequence, certain principles concerning particularly
the writ of habeas corpus^ that is, the authority of
courts to order the release of political detainees, and
other matters related to the operation and effect of mar-
At 4:43 p.m., the session was resumed. tial law failed because the government set up the
defense of political question. And the Supreme Court
THE PRESIDING OFFICER (Mr. Azcuna). The said: “Well, since it is political, we have no authority to
session is resumed. pass upon it.” The Committee on the Judiciary feels
that this was not a proper solution of the questions
The honorable Commissioner Concepcion is now
involved. It did not merely request an encroachment
recognized to sponsor the proposed Article on the
upon the rights of the people, but it, in effect, encour-
Judiciary.
aged further violations thereof during the martial law
regime. I am sure the members of the Bar are familiar
SPONSORSHIP SPEECH with this situation. But for the benefit of the Members
OF COMMISSIONER CONCEPCION of the Commission who are not lawyers, allow me to
explain. I will start with a decision of the Supreme
MR. CONCEPCION. Thank you, Mr. Presiding
Court in 1973 on the case oi Javellanavs. the Secretary
Officer.
of Justice, if I am not mistaken. Martial law was an-
I speak on the judiciary. Practically, everybody
will nounced on September 22, although the proclamation
has made, I suppose, the usual comment that the was dated September 21. The obvious reason for the
judiciary is the weakest among the three major branches delay in its publication was that the administration had
of the service. Since the legislature holds the purse and apprehended and detained prominent newsmen on
the executive the sword, the judiciary has nothing with September 21. So that when martial law was announced
which to enforce its decisions or commands except the on September 22, the media hardly published anything
power of reason and appeal to conscience which, after about it. In fact, the media could not publish any story
not only because our main writers were already incar- jurisdiction to entertain the case.
cerated, but also because those who succeeded them in Under the Constitution, the President may declare
their jobs were under mortal threat of being the object martial law in case of invasion, insurrection or rebellion
of wrath of the ruling party. The 1971 Constitutional or imminent danger thereof. If public safety or public
Convention had begun on June 1, 1971 and by Septem- interest requires it, he may suspend the privilege of the
ber 21 or 22, had not finished the Constitution; it had writ of habeas corpus or place the Philippines or any
barely agreed on the fundamentals of the Constitution. part thereof under martial law.
I forgot to say that upon the proclamation of martial
The government said that in a referendum held from
law, some delegates to that 1971 Constitutional Conven-
January 10 to January 15, the vast majority ratified the
tion, dozens of them, were picked up. One of them was
draft of the Constitution. Note that all members of the
our very own colleague. Commissioner Calderon. So, the
Supreme Court were residents of Manila, but none of
unfinished draft of the Constitution was taken over by
them had been notified of any referendum in then-
representatives of Malacanang. In 1 7 days, they finished
respective places of residence, much less did they par-
what the delegates to the 1971 Constitutional Conven-
ticipate in the alleged referendum. None of them saw
tion had been unable to accomplish for about 14
any referendum proceeding.
months. The draft of the 1973 Constitution was pre-
sented to the President around December 1, 1972, In the Philippines, even local gossips spread like wild
whereupon the President issued a decree calling a plebis- fire. So, a majority of the members of the Court felt
cite which suspended the operation of some provisions that there had been no referendum.
in the martial law decree which prohibited discussions, Second, a referendum cannot substitute for a plebi-
much public discussionsôf certain matters of public
less scite. There is a big difference between a referendum
concern. The purpose was presumably to allow a free dis- and a plebiscite. But another group of justices upheld
cussion on the draft of the Constitution on which a the defense that the issue was a political question.
plebiscite was to be held sometime in January 1973. If I Whereupon, they dismissed the case. This is not the only
may use a word made famous by our colleague. Commis- major case in which the plea of “political question” was
sioner Ople, during the interregnum, however, the draft set up. There have been a number of other cases in the
of the Constitution was analyzed and criticized with such past.
a telling effect thatMalacanang felt the danger of its dis-
approval. So, the President suspended indefinitely the
I hope the Commissioners who are not lawyers will
bear with me as I explain further because the matter is
holding of the plebiscite and announced that he would
really a technical one. The Senate and the House had,
consult the people in a referendum to be held from
under the 1935 Constitution, a House Electoral Tri-
January 10 to January 15. But the questions to be sub- Our
bunal and a Senate Electoral Tribunal. friend,
mitted in the referendum were not announced until the
Mr. Lorenzo Tanada, was the only member of the
eve of its scheduled beginning, under the supposed
minority party in the Senate. The Constitution provided
supervision, not of the Commission on Elections, but of
that electoral protests involving senators would be a
what was then designated as “citizens assemblies or
nine-man Senate Electoral Tribunal. Of these nine, three
barangays.” Thus the barangays came into existence.
were to be members of the majority party in the Senate
The questions to be propounded were released with pro-
and another three members for the minority party in
posed answers thereto, suggesting that it was unneces-
the Senate; and lastly, three Justices of the Supreme
sary to hold a plebiscite because the answers given in the
Court. After the majority party had elected its three
referendum should be regarded as the votes cast in the
the representatives to the Electoral Tribunal, and when it
plebiscite. Thereupon, a motion was filed with
the refe^ came to the nominations of the three senators for the
Supreme Court praying that the holding of
opposition. Senator Taftada said that he could not
endum be suspended. When the motion was being heard
nominate any senator except himself because there was
before the Supreme Court, the Minister of Justice
no other senator belonging to the minority. The majori-
delivered to the Court a proclamation of the President
ty then nominated two senators belonging to the
declaring that the new Constitution was already in force
majority to form part of the group of three to represent
because the overwhelming majority of the votes cast in
the minority. As a consequence, the majority would
the referendum favored the Constitution. Immediately
actually have had five members: the Supreme Court,
after the departure of the Minister of Justice, I pro- was
three and the minority, one. When the issue
ceeded to the session room where the case was being put up by
the brought to the Supreme Court, the defense
heard. I then informed the Court and the parties political
the government was that the matter involved a
presidential proclamation declaring that the
1973
question. But in that case of Tanada vs. Cuenco,
the
Constitution had been ratified by the people and is now
Court held that the Senate Electoral Tribunal was to
in force.
consist of nine senators, because the possible partisan-
ship of the three members for the majority
would be
A number of other cases were filed to declare the
minority. The
offset by that of the three members of the
presidential proclamation null and void. The main
group of three members of the Supreme Court consti-
defense put up by the government was that the issue
in
was a political question and that the court had no tuting the third group would ensure the impartiality
the decision of the Electoral Tribunal. The defense of Judicial power includes the duty of courts to settle
the political question was rejected because the issue was actual controversies involving rights which are legally de-
clearly justiciable. mandable or enforceable . . .
We had another important case. It was early

still The courts, therefore, cannot entertain, much less decide>
You probably remember that during
after liberation. hypothetical questions. In a presidential system of
World War II, President Roosevelt of the U S an- government, the Supreme Court has, also, another im-
nounced over the television that the American govern- portant function. The powers of government are
ment would compensate or indemnify all damages we generally considered divided into three branches: the
may suffer during the war up to the last carabao. Legislative, the Executive and the Judiciary. Each one is
Liberation came and the American Congress appro- supreme within its own sphere and independent of the
priated $1 billion for war damages but with strings others. Because of that supremacy power to determine
attached. We had to give them parity rights. The ques- whether a given law is valid or not is vested in courts of
tion was whether or not we should grant these rights justice.
because of the issue in the election held in 1946. The
Briefly stated, courts of justice determine the limits
majority party was in favor and another political party
of power of the agencies and offices of the government
opposed it, because there was $1 billion together with
as well as those of its officers. In other words, the
the parity rights.
judiciary is the final arbiter on the question whether or
In order to give parity rights to the Americans, it not a branch of government or any of its officials has
was necessary, however, to get a qualified majority in acted without jurisdiction or in excess of jurisdiction, or
both Houses of Congress. But the number of votes avail- so capriciously as to constitute an abuse of discretion
able to the majority party was a few votes short of the amounting to excess of jurisdiction or lack of jurisdic-
required qualified majority. At that time there were tion. This is not only a judicial power but a duty to pass
half a dozen members elected in districts believed to be judgment on matters of this nature.
dominated by leftists. By the way, the members of the
minority belonged to what was known as the Democra- This is the background of paragraph 2 of Section 1,
tic Alliance. These members of the minority were
which means that the courts cannot hereafter evade the
suspended upon the ground that their election was duty to settle matters of this nature, by claiming that
tainted with fraud and terrorism. such matters constitute a political question.
I have made these extended remarks to the end that
Then the constitutional amendmentgranting parity the Commissioners may have an initial food for thought
rights was taken and got the qualified majority re-
on the subject of the judiciary.
quired by the Constitution. Assailed in the Supreme
Court, the Supreme Court held that the question Section 2 of the draft prepared by the Committee is
whether the suspended Members should be counted in merely the second sentence of Section 1 of Article X of
the determination of the required qualified majority was the 1973 Constitution which states, and I quote:
a political question. It was obvious that the members of The National Assembly shall have the power to define,
the Democratic Alliance were suspended to enable prescribe, and apportion the jurisdiction of the various
the ruling party to get the votes necessary for the ap- courts but may not deprive the Supreme Court of its juris-
proval of the bill calling a plebiscite on the parity rights. diction over cases enumerated in Section 7 hereof.
When your Committee on the Judiciary began to per-
There is a second paragraph which reads:
form its functions, it faced the following questions:
What is judicial power? What is a political question? No law shall be passed reorganizing the judiciary when it
undermines security of tenure.

The Supreme Court, like all other courts, has one
This provision reflects the apprehension in a number
main function: to settle actual controversies involving
of resolutions referred to the Committee: the resort to
conflicts of rights which are demandable and enforce-
judicial reorganization in order to circumvent the
able. There are rights which are guaranteed by law but
security of tenure.
cannot be enforced by a judicial party. In a decided
case, a husband complained that his wife was unwilling Section 3 of the draft says:
to perform her duties as a wife. The Court said: “We can The Supreme Court shall be composed of a Chief Justice
tell your wife what her duties as such are and that she is and ten Associate Justices. It may sit en banc or in two
bound to comply with them, but we cannot force her divisions.
physically to discharge her main marital duty to her Under the 1973 Constitution, the Supreme Court
husband. There are some rights guaranteed by law, but shall be composed of a Chief Justice and 14 Associate
they are so personal that to enforce them by actual Justices. It may sit en banc or in two divisions. The
compulsion would be highly derogatory to human second, third and fourth subsections or paragraphs of
dignity.” and I quote:
this section state,
This is why the first part of the second paragraph of (2) All cases involving the constitutionality of a treaty,
Section I provides that: international or executive agreement, or law shall be heard
and decided by the Supreme Court en banc, and no treaty, The National Assembly shall prescribe the qualifications
international or executive agreement, or law may be de- of judges of lower courts, but no person may be appointed
clared unconstitutional without the concurrence of a judge thereof unless he is a natural-born citizen of the Phil-
majority plus one of the members who actually participated ippines and a member of the Philippine Bar.
when the case was submitted for decision. The same Section 5 reads:
number of votes shall be required for the imposition of the
death penalty. The Members of the Supreme Court and judges of the
lower courts shall be appointed by the President from a hst
The present Constitution requires 10 votes of the of at least three nominees prepared by a Judicial and Bar
Supreme Court. Our draft requires only a majority plus Council for every vacancy. Such appointments need no
one; confirmation.
The choice of the President in filling vacancies in the

(3) All other cases including those involving the applica-
judiciary limited to a list of nominees prepared or sub-
is
tion or operation of presidential decrees, proclamations,
orders, instructions, ordinances and other regulations which
mitted by a Judicial and Bar Council of which we will
under the rules of court are required to be heard en banc
speak later more in detail.
shall be decided with the concurrence of a majority of the Moreover, the “appointments by the President need
members who actually participated when the case was sub- no confirmation” by another body.
mitted for decision.
This is a provision suggested by practicing lawyers
(4) Cases heard by a division shall be decided with the upon the ground that in the past judges had to kowtow
concurrence of a majority of the members who actually
to members of the legislative body to get an appoint-
participated when the case was submitted for decision but ment or at least to see the Chairman of the Committee
if such required number is not obtained, the case shall be
on the Judiciary in Congress and request his support to
decided en banc\ Provided, that no doctrine or principle the confirmation of his appointment. The idea is to
of law laid down by the court in a decision rendered en forestall as much as possible the influence of partisan
banc or in division may be modified or reversed except by politics.
the court sitting en banc.
Section 6 of the draft is to the effect that:
There are two important changes introduced by this
and Bar Council is hereby created under the
A Judicial
section: the court may sit in two divisions or en banc.
supervision of the Supreme Court composed of the Chief
As usual, a majority is necessary to have a quorum.
Justice as ex-officio Chairman, the Minister of Justice and
But to render a decision, only a majority plus one is of the National Assembly as ex-officio
representative
a
necessary declare a law unconstitutional. Whereas
to members, a representative of the Integrated Bar of the
under the present Constitution the Supreme Court Philippines, a professor of law, a retired member of the
is composed of 15 members, the vote of 10 members
is
Supreme Court, and a representative of the private sector.
required to declare a law unconstitutional. Often, how-
The Committee sought to have in the Council a rep-
ever, the actual membership of the court is limited to 12
resentation for the major elements of the community.
or even 1 1. To require 10 votes for the declaration of
unconstitutionality, the votes of three or four members Paragraph 2 of the draft of Section 5 provides:
would prevail over those of a clear majority of the Court The regular members of the Council shall be appointed
members. This has happened several times in the past. by the President for a term of four years.
The two-thirds requirement, therefore, strengthens the those who
executive and weakens judicial power.
The phrase “regular members” refers to all
are not exofflcio members.

The states.
first paragraph of Section 4 of the draft
The paragraph continues:
(1)no person shall be appointed member of the
XXX Of the first appointed, the representative of
members
Supreme Court unless he is a natural-born citizen of the
the Integrated Bar of the Philippines shall serve for four
Philippines, at least forty years of age, and has for fifteen
years, the professor of law for three years, the retired jus-
years or more been a judge of a lower court or engaged in
tice for two years, and the representative of the private

the practice of law in the Philippines.
sector for one year.
Several important changes are thereby introduced.
The present law requires 10 years as a judge of a court The Clerk of the Supreme Court shall be the Secre-
(3)
of record to be qualified for appointment to the tary ex-officio and shall keep a record of
the proceedings of
increases the
Supreme Court, Our draft provision the Council.
requirement to 1 5 years. The regular the Council shall receive
members of
(4)
shall receive
Besides, eliminated the words “of record in
we have such emoluments, and the ex-officio members
by the Supreme
the phrase “court of record” because all lower courts such allowances as may be determined
provide in its annual
are now courts of record. Court. The Supreme Court shall
budget the appropriations for the Council.

Paragraph (2) of the draft Section 4 provides:
4s8 THURSDAY, JULY 10, 1986
The reason for this should be obvious. The Council procedure in all courts, the admission to the practice of
have to work throughout the year, screen-
will actually law, the integrated bar, and legal assistance to the under-
ing nominees for 2,200 positions in the bench. privileged. The National Assembly may repeal, alter, or sup-
plement the with the advice and concurrence of
said rules
The last paragraph of Section 6 is:
the Supreme Court. Such rules shall provide a simplified
(5) The Council shall have the principal function of and inexpensive procedure for the speedy disposition of
recommending appointees to the judiciary. It may exercise
cases, shall be uniform for all courts of the same grade, and
such other functions and duties as the Supreme Court may
shall not diminish, increase or modify substantive rights.
assign to it.
Rules of procedure of special courts and quasi-judicial
Pursuant to Section 7 of the draft: bodies shall take effect upon approval by the Supreme
Court.
The Supreme Court shall have the following powers:
(6) Appoint all officials and employees of the judiciary
(1) Exercise original jurisdiction over cases affecting
in accordance with the Civil Service Law.
ambassadors, other public ministers and consuls, and over
petitions for certiorari^ prohibition, mandamus, quo war- Section 8. The Members of the Supreme Court and of
ranto, and habeas corpus. other courts established by law shall not be designated to
any agency performing quasi-judicial and/or administrative
(2) Review, revise, reverse, modify, or affirm on appeal
functions.
or certiorari, as the law or the rules of court may provide,
final judgments and decrees of lower courts in — Section 9. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
(a) All cases in which the constitutionality or validity
of any treaty, international or executive agreement, law, Section10. The Members of the Supreme Court and
ordinance, executive order, proclamation, or regulation judges of lower courts shall hold office during good
is in question. behavior until they reach the age of seventy years or be-
(b) All cases involving the legality of any tax, impost,

come incapacitated to discharge the duties of their office.
assessment, or toll, or any penalty imposed in relation
The Supreme Court en banc shall have the power to discip-
line judges of lower courts, or order their dismissal by the
thereto.
vote of a majority plus one of the Members who actually
(c) All cases in which the jurisdiction of any lower
participated when the matter was submitted for resolution.
court is in issue.
Section 11. The conclusions of the Supreme Court in
(d) All criminal cases in which the penalty imposed
any case submitted to it for decision en banc or in division
is death or life imprisonment.
shall be reached in consultation before the case is assigned
At this point, I might invite attention to the fact that to a Member for the writing of the opinion of the court. A
the members of the Committee are aware of the cir- by the Chief J ustice shall be
certification to this effect signed
cumstance that in any other Committee the death issued and a copy thereof attached to the record of the case
penalty was voted to be abolished. Should the opinion and served upon the parties. Any Member dissenting or
of the Commission be in favor of elimination of the abstaining from a decision shall state the reason for his
death penalty, we will adjust this paragraph. dissent or abstention. The same requirement shall be ob-
(e) All cases in which only an error or question of law served by all lower collegiate courts.
involved.
is
No decision shall be rendered by any court
Section 12.
Justice Colay CO kind enough to suggest that the
is without expressing therein clearly and distinctly the facts
reading of the draft be assigned to our Secretary- and the law on which it is based.
General. By the way, before she does so, I wish to thank No petition for review or motion for reconsideration of
the Members of the Commission for their attention in a decision of the court shall be refused due course or denied
adopting means for my comfort today. without stating the legal basis therefor.
Our Secretary-General will continue the reading of An appeal by the State and/or the offended party from
the draft without prejudice to the interpellations later. a judgment of acquittal may be allowed in the discretion of
I will try to answer as best I can. the Supreme Court by a petition for review on certiorari on
the ground that it is manifestly against the evidence and
THE SECRETARY-GENERAL, reading: with grave abuse of discretion amounting to lack or excess
ofjurisdiction.
(3) Assign temporarily judges of lower courts to other
stations as public interest may require. Such temporary as- Section 13. The and of the
salary of the Chief Justice
not longer than six months without the Associate Justices of the Supreme Court, and of judges of
signment shall last
lower courts shall be fixed by law. During their continuance
consent of the judge concerned.
in office, their salary shall not be diminished nor subjected
(4) Order a change of venue or place of trial to avoid a
to income tax. Until the National Assembly shall provide
miscarriage of justice.
otherwise, the Chief Justice shall receive an annual salary of
(5) Promulgate rules concerning the protection and en- , and each Associate Justice
forcement of constitutional rights, pleading, practice, and pesos.
Section 14. (1) All cases or matters filed after the effec- carcerated. Napoleon Rama was incarcerated in Fort
tivityof this Constitution must be decided or resolved with- Bonifacio; I was incarcerated in Camp Crame.
in twenty-four months from date of submission for the
The second paragraph of Section 1 states: “Judicial
Supreme Court, and unless reduced by the Supreme Court, power includes the duty of courts of justice to settle
twelve months for all lower collegiate courts, and three
actual controversies ...” The term “actual controver-
months for all other lower courts. sies” according to the Commissioner should refer to
(2) A case or matter shall be deemed submitted for questions which are political in nature and, therefore,
decision or resolution upon the filing of the last pleading, the courts should not refuse to decide those political
brief, or memorandum required by the rules of court or by questions. But do I understand it right that this is
the court itself. restrictive or only an example? I know there are cases
which are not actual and yet the court can assume juris-
(3) Upon the expiration of the corresponding period,
diction. An example is the petition for declaratory
certificationof this effect signed by the Chief Justice or the
relief.
presiding judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served May I ask the Commissioner’s opinion about that?
upon the parties.
Section 15. An amount equivalent to not less than two MR. CONCEPCION. The Supreme Court has no juris-
percent of the national budget shall be automatically appro- diction to grant declaratory judgments.
priated and regularly released for the judiciary.
within thirty days

MR. NOLLEDO. The Gentleman used the term
Section 16. The Supreme Court, shall,
“judicial power” but judicial power isnot vested in the
from the opening of each regular session of the National
Supreme Court alone but also in other lower courts as
Assembly, submit to the President and the National Assem-
bly an annual report on the operations and activities of the
may be created by law.
The Chief Justice shall adddress the National
judiciary.
MR. CONCEPCION. Yes.
Assembly at the opening of each regular session.
MR. NOLLEDO. And so, is this only an example?
MR. CONCEPCION. No, I know this is not. The
Gentleman seems to identify political questions with

THE PRESIDING OFFICER (Mr. Azcuna). The
is a difference.
jurisdictional questions. But there
MR. NOLLEDO. Because of the expression “judicial

MR. RAMA. I ask that Commissioner Nolledo be
power ;
recognized.
MR. CONCEPCION. No. Judicial power, as I said,
THE PRESIDING OFFICER (Mr. Azcuna). Commis-
refers to ordinary cases but where there is a question as
sioner Nolledo recognized. had authority or had abused
to whether the government
is
of lacking jurisdiction or
its authority to the extent
excess of jurisdiction, that is not a political question.
Will Commissioner Concepcion please yield to inter- Therefore, the court has the duty to decide.
pellations?
MR. NOLLEDO. I thank the Commissioner.
MR. CONCEPCION. With pleasure. I would second question with respect
like to ask the
to the second paragraph of Section 2,

which reads: “No
MR. NOLLEDO. Thank the judiciary when it
you. law shall be passed reorganizing
Before I ask my questions, I do not know if it is undermines security of tenure.
proper for me to state that the 1973 Constitution was The Supreme Court ruled cases that there is
in some
if a public of-
ratified by barangay assemblies as the Gentleman stated.
no vested right to public office and that
There were pictures produced by the previous adminis- fice is abolished, security
of tenure is not adversely
tration showing people raising their hands and Marcos affected.
claimed that they were voting for the Constitution. But that that doctrine is
Would the Gentleman say then
the questions asked, according to our information, were
changed by this proposed provision?
these: “Sino ang gustong kumain ng siopao at uminom
ng Coca-Cola at Pepsi? ” So the people raised their hands, Certainly. First, reorganization
MR. CONCEPCION.
a picture was taken of them, and the President con-
should not be resorted to for the purpose of dismissing
cluded that they ratified the 1973 Constitution which is
any judge.
one of our working drafts. I do not know also if it is
inappropriate for me to state, in connection with the MR. NOLLEDO. Thank you.
Chief Justice’s narration of the Javellana case, that the
The third question
Honorable Napoleon Rama and I were among those in-
. . .
MR. CONCEPCION. I think Commissioner Davide MR. NOLLEDO. I do not know if any member of the
has filed a resolution on that point and he can explain Committee is willing to enlighten me on the meaning of
his thoughts on the matter. international agreement understand it,
because, as I
when we talk of executive agreement,talk of two we

MR. NOLLEDO. Thank you. chief executives entering into an agreement on tariff,
THE PRESIDING OFFICER (Mr. Azcuna). Commis- customs, etc. But it seems to me this is my first time to
sioner Davide is recognized. hear the term “international agreement” because as I
understand it, when we call it an international agree-
MR. DAVIDE. Thank you, Mr. Presiding Officer. ment, we must be referring necessarily to a treaty.
This particular proposal was based on a resolution
filed by this representation and amended basically by MR. CONCEPCION. Mr. Presiding Officer, there are
the amendment of Commissioner Padilla. We realize, of conventions, for example, the Hague Convention, where
course, that in 1980 for instance, under the guise of a the word “treaty” is not proper for the set of rules
judicial reorganization, the so-called judicial reorganiza- incorporated into these international agreements.
tion was made. So, there was a general revamp of the
judiciary. Supposedly, the intention of the revamp was MR. NOLLEDO. If the Commissioner does not mind,
to attain economy, but actually the main purpose of I presented Resolution No. 188, which is not mentioned
that general revamp was to eliminate from the judiciary in the committee report, entitled:
people whom the leadership at the time believed to be RESOLUTION TO ENSHRINE IN THE ARTICLE ON THE
not loyal to the administration and to replace them with JUDICIARY OF THE NEW CONSTITUTION, ETHICAL
people who were loyal to the administration. Necessa- RULES ON QUALIFICATIONS AND CONDUCT OF
rily, the result was massive expulsion or ouster of several
MEMBERS OF THE JUDICIARY.
people, especially of those who had no padrinos, as well
as the entry into the judiciary of people who had the It is unfortunate that the reputation of our judges is
necessary connections with the politicians of the not so good and so, I do not know what is the sense of
dispensation at the time. the Committee. I would like to tell the members in
advance that I intend to present this as an amendment
I very well that despite the creation of the
recall
for consideration — that in connection with Section 4,
IntegrityCouncil to effect the revamp, the recom-
perhaps we can add a subsection there which may run
mendations of the Integrity Council were disregarded. I
know personally of an assemblyman who recommended
like THAT NO ONE SHALL BE APPOINTED
this:
AS MEMBER OF THE JUDICIARY UNLESS HE IS A
somebody whose name was in the final but even-
list,
PERSON OF PROVEN COMPETENCE, INTEGRITY,
tually another was submitted to Malacanang and
list
PROBITY AND INDEPENDENCE and THAT THE
what happened was that this gentleman, who was
recommended and who already gave a treat to the as-
ACTUATIONS OF A MEMBER OF THE JUDICIARY
IN OR OUTSIDE THE COURT MUST BE BEYOND
semblyman, found himself without any position. Unfor-
tunately, he was holding at the time a position in
REPROACH.
the
lower courts of the judiciary. And so, he lost both posi- This is similar to a provision in “Canons of Judicial
tions because somebody replaced him and he was not Ethics,” but history states that those provisions are
able to get appointment that was supposedly
the more honored in breach than in observance.
intended for him on the basis of the first list that was
submitted. MR. CONCEPCION. That is right.
We cannot protect the independence of the judiciary
nor can we enhance its independence if a revamp of the MR. NOLLEDO. So, when we discipline a member of
judiciary can be made at any time by the National the judiciary, perhaps it will strengthen the intention if
Assembly for any reason whatsoever. So, this proposal we can quote a constitutional mandate that he has not
seeks to enhance, preserve, promote and maintain a acted beyond reproach as enjoined by the Constitution.
really authentic independence of the judiciary.
MR. CONCEPCION. The Committee is well aware
MR. NOLLEDO. The Gentleman must be referring of the fact that our task is to make good laws. But it is
to the case of de
Liana vs. Alba, where the Supreme
la also fully aware of the fact that no matter how good the
Court speaking through former Chief Justice Enrique laws are, if the persons chosen to enforce those laws are
Fernando said that abolition of public office does not not the right persons, they may be doing a disservice to
involve security of tenure. So, as I understand it from the country. In connection with the judges, that is the
Commissioner Davide, this ruling is now obsolete if we reason for the Judicial and Bar Council.
adopt this provision.
MR. NOLLEDO. When we set forth these moral
MR. DAVIDE. That was a general doctrine and in this qualifications, they may be considered guidelines by the
particular case, we limit ourselves to our position on the Judicial and Bar Council when they determine the quali-
security of tenure in the judiciary. fications of prospective appointees.
MR. CONCEPCION. But that is understood: honesty, so as not to impair their image. We should be the first
competence, etc. That is the only purpose of the to protect the image of the judges. It will also be noted
Judicial and Bar Council. that there are other provisions in our draft which try to
ensure better compliance with the present rules. For
MR. NOLLEDO. Just two more questions, if Com- instance, the date of submission of the case must be
missioner Concepcion does not mind. certified in its record. The date of expiration of the
period prescribed by law must similarly be certified in
Section 7 (3) on page 4 says: “Assign temporarily
the record. We do not say, “Do this or else,” because
judges of lower courts to other stations as public in-
that would be treating judges like kids. But this is the
terest may require.” I would like to know the meaning
full implication of the provisions referred to.
of “other stations” because as now constituted by law,
we have regional trial courts within a particular region.
So when a judge is assigned temporarily to another MR. NOLLEDO. This is definitely the last question,
court within a region, is that an assignment to other
stations or not?
Gentleman has one minute more.
MR. CONCEPCION. Yes, Commissioner.
MR. NOLLEDO. Commissioner Concepcion, this is

MR. NOLLEDO. If my memory serves me right, there
in connection with Section 14. It was the sense of the
isan obiter dictum of the Supreme Court that it is not
1971 Constitutional Convention to consider the time
considered an assignment because it is within the region.
limit for decision of cases as mandatory, but the
A station is different from a region.
Supreme Court, in many cases, ruled that this should
only be directory.
MR. CONCEPCION. The appointments are extended
Committee with respect
What is now the sense of the
for a particular branch of a given region but one branch
to Section 14(1) which reads:
is different from the others. A judge may have a good
filed after the effectivity of this
assignment — in terms of housing facilities, etc. — and he (1) All cases or matters
may be threatened to be transferred to a place where Constitution must be decided or resolved within twenty-
those facilities are absent. four months from the date of submission for the Supreme
Court, twelve months for all lower collegiate courts,
and
three months for all other lower courts.
My last question is about my Resolution No. 367,
MR. CONCEPCION. It is mandatory, but we do not
entitled: RESOLUTION TO PROVIDE IN THE NEW CONS- word “mandatory”; instead we say “must.”
use the
TITUTION THAT THE DEATH PENALTY IMPOSED ON AN
ACCUSED MUST BE RESOLVED BY THE SUPREME COURT
MR. NOLLEDO. How would the Commissioner inter-
WITHIN TWO YEARS FROM THE DATE OF JUDGMENT, that directory or mandatory?
pret that? Is
OTHERWISE THE SAME SHALL BE REDUCED TO LIFE
IMPRISONMENT, EXCEPT IF THE ACCUSED, BY WRIT- an order
MR. CONCEPCION. It is not directory; it is
TEN MANIFESTATION, INSISTS ON THE RESOLUTION
that is why we say “must.”
OF HIS PLEA OF INNOCENCE.
says
I am mentioning this in advance so that he may dis-
MR. NOLLEDO. The Supreme Court ruling
which
cuss with the members of the Committee, if it will be “must” or “shall” in view of the clogging of cases
acceptable to them that the proposed resolution be made it impossible for
the Supreme Court to decide
included in Section 14 (4) on page 6. the cases within the stated period.
MR. CONCEPCION. There problem of

really is a MR. CONCEPCION. We have not only said “it must
do this” but we also say that the Supreme
coordination. The question refers to cases where the
Court shall
death penalty has been imposed, whereas our impression devise a plan to unclog the
dockets of the courts. Fur-
notice that there is an
is that the majority
of another committee has voted to thermore, the Gentleman will
abolish the death penalty. That is why I make reference addition in the draft which says: “The Chief Justice
to the fact that insofar as the jurisdiction of the Su- shall appear before or
address the National Assembly at
session.” The idea is to en-
preme Court is concerned, there is a paragraph there the opening of its regular
image, and at the
where the death penalty or capital punishment or life courage him by giving him a better
representatives
imprisonment is referred to. But whether or not the same time allow him to confront the
criticisms on the
of the judiciary and convey
death penalty shall be imposed is subject to the decision their
of the Commission. operation of courts.

We did not want to put it in such a
language as would
If the
Commissioner has time to go over the draft
our idea
proposal of the Committee, he will notice that the debase the dignity of the bench, but expressed
Committee has tried to be as polite as possible to judges in a polite language.
THE PRESIDING OFFICER (Mr. Azcuna). The time judges-at-large and cadastral judges. That law did not
of the Commissioner has expired. receive the sufficient number of votes, two-thirds of
the members of the Supreme Court, to declare it un-
MR. NOLLEDO. Thank you very much. constitutional. But even though it was not declared
unconstitutional, the fact remains that the majority
THE PRESIDING OFFICER (Mr. Azcuna). The of the court reiterated the sacred rule, the judicial
Floor Leader is recognized. sanction, I might say, to the fundamental principle of
security of tenure to assure the independence of the
MR. RAMA. Mr. Presiding Officer, I ask that Com- judiciary.
missioner Padilla be recognized.
Mr. Presiding Officer, this sentence, “No law shall be
passed reorganizing the judiciary when it undermines
security of tenure” was based on a resolution proposed
sioner Padilla is recognized and isgiven 1 5 minutes.
by Commissioner Davide and was restated in this report
of the Committee. What is important is the word “re-
MR. PADILLA. Mr. Presiding Officer and Commis-
organizing,” as well as the more important phrase
sioner Davide, in response to a question propounded
“security of tenure,” so that the legislature should not
by Commissioner Nolledo on the proposed provision
be allowed to pass a bill to revamp or reorganize, or use
that reads: “No law shall be passed reorganizing the
judiciary when it undermines security of tenure,” may
any other term, when its purpose and its effect would
be to undermine the security of tenure of judicial
I be permitted to say that the Batasang Pambansa
officers.
enacted a Judiciary Reorganization Act which was as-
sailed as illegaland unconstitutional. However, the Act Thank you, Mr. Presiding Officer.
was upheld and the result was the reorganiza-
as valid,
tion of the courts, including the Court of Appeals which MR. CONCEPCION. Mr. Presiding Officer, may I add
was renamed the Intermediate Appellate Court; the a few words.
Courts of First Instance, renamed Regional Trial Courts;
not so important whether the President will or
It is
and the Municipal Courts renamed Municipal Trial
will not use the power to reorganize the judiciary. But
Courts. This resulted in legislating out of their judicial
so long as the power is vested in him, that serves as a
offices some members of the courts lower than the
sword that will always exist over the heads of all judges.
Supreme Court. That said Reorganization Act not only
undermined the independence of the judiciary, but,
So at all times, judges may have insecurity of tenure.
likewise, was a direct assault against the principle of the
security of tenure of judicial officers.
I recall, Mr. Presiding Officer, that one of my first THE PRESIDING OFFICER (Mr. Azcuna). The
cases before the Supreme Court when I was appointed Floor Leader is recognized.
Solicitor General in 1954 was the case of Ocampo vs.
Secretary of Justice. At that time. Congress then ap- MR. RAMA. I ask that Commissioner Bernas be
proved a law abolishing the positions of judges-at-large recognized.
and cadastral judges. The 1935 Constitution, as well as
the subsequent Constitution, recognized district judges. THE PRESIDING OFFICER (Mr. Azcuna). Commis-
And the anomalous practice was that sometimes a judge- sioner Bernas is recognized.
judge who did not have a judicial
at-large or a cadastral
district of his own was assigned to a particular trial FR. BERNAS. Mr. Presiding Officer, may I just be
court to hear a particular case. That was bad, because allowed to ask some clarificatory questions on the same
the designation would be made by the Secretary of provision that was being discussed just a while ago.
Justice and presumably upon the suggestion or direction not
Do I understand the sponsor correctly that this is
of the President.
a prohibition of reorganization?
In that case, while I subscribe to the principle of an
independent judiciary, I invoked the defense that the MR. CONCEPCION. That is right.
law abolishing judges-at-large, or cadastral judges which
are not recognized in the 1935 Constitution for it only FR. BERNAS. not a prohibition of reorganiza-
It is
recognizes district judges, is not a violation of the tion. In case there is an attempt to reorganize, it must
Constitution but is an implementation thereof. That be done in such a way that it does not undermine the
defense was sustained by three or four of the justices, security of tenure of judges.
although the majority still were of the opinion and held
that insofar as it could legislate judges out of their MR. CONCEPCION. That is correct.
judicial position, even if their appointments were
judges-at-large or cadastral judges, it was unconstitution- FR. BERNAS. And whether or not their attempted
al because it violated the tenure of office of those reorganization undermines security of tenure, that is
something which is to be decided upon by the Supreme MR. CONCEPCION. That is right.
Court.
FR. BERNAS. So, for purposes of invalidating the
MR. CONCEPCION. That is right. application or operation, he needs this type of vote.
FR. BERNAS. In the same way that it was done in MR. CONCEPCION. Yes.
the past.
FR. BERNAS. For purposes of invalidating the
MR. CONCEPCION. Not in the same way, because in decree itself, what kind of vote is needed?
the past the number of votes necessary for constituting

a majority was offset by the minority, but under our MR. CONCEPCION. We will require a majority plus
Constitution, we need 10 votes or at least two-thirds one, of those Members who actually participated in the
of all the Members. deliberation.
FR. BERNAS. Ultimately, therefore, it will always FR. BERNAS. So it is the same as in the preceding
have to be decided by the Supreme Court according to paragraph.
the new numerical need for votes.
On another point, the intention of Section
is it 1 to MR. CONCEPCION. That is right.
do away with the political question doctrine?

FR. BERNAS. Thank you.
MR. CONCEPCION. No. On page 5 says; “when they reach the age of
5, line
.” Who will
seventy years or become incapacitated . .
FR. BERNAS. It is not.

decide whether they have become incapacitated?
MR. CONCEPCION. No, because whenever there is has not decided

an abuse of discretion, amounting to a lack of jurisdic- MR. CONCEPCION. The Committee
on presumably, the Judicial and Bar Coun-
that. But,
tion.
would be consulted about it and, of course, the
. .
cil
Supreme Court.
FR. BERNAS. So, I am satisfied with the answer that
it is not intended to do away with the political question FR. BERNAS. But an actual case arises, and we
if
the Supreme Court
doctrine. notice that a particular Justice of
capacity is challenged,
seems to be incapacitated and his
MR. CONCEPCION. No, certainly not. who would decide on that?
When this provision was originally drafted, it sought
to define what is judicial power. But the Gentleman will MR. CONCEPCION. No. That is not settled by the
notice it says, “judicial power includes” and the reason draft proposal.
being that the definition that we might make may not
cover all possible areas. BERNAS. Could that matter be settled by
FR.
ordinary legislation?
FR. BERNAS. So, this is not an attempt to solve the
to the procedure, suppose
MR. CONCEPCION. As
I
problems arising from the political question doctrine.
so.
MR. CONCEPCION. It definitely does not eliminate
the fact that truly political questions are beyond the could be.
FR. BERNAS. It
pale of judicial power.

FR. BERNAS. Another question. Commissioner
Concepcion. go back to page Section 8
FR. BERNAS. May I 4,
Line 27 reads: “All other cases including those in- which says:
volving the application or operation of presidential and of other courts
The Members of the Supreme Court
decrees I understand this to have reference to the designated to any agency
law shaU not be
. .
established by
application or operation of the presidential decrees, but administrative functions.
performing quasi-judicial and/or
not to the presidential decree itself.
giving advi-
Is this also a prohibition against justices
MR. CONCEPCION. Insofar as a decree is invalid, it sory opinions to the President?
really affects the application and operation.
MR. CONCEPCION. No, not that.
FR. BERNAS. But is it not possible for a valid law

to be invalidly applied? FR. BERNAS. Thank you. Commissioner.
.
MR. RAMA. Mr. Presiding Officer. MR. CONCEPCION. Yes, at least, for an en banc
decision.
Floor Leader is recognized. MR. RODRIGO. Let us say that only six participated.
Then, mitad mas uno will be . . .
MR. RAMA. I ask that Commissioner Rodrigo be

recognized. MR. CONCEPCION. That is right, because mitad is
not majority.
sioner Rodrigo is recognized. MR. RODRIGO. Mitad mas uno.
MR. RODRIGO. Will the sponsor yield to a few MR. CONCEPCION. No, majority plus one.
questions for clarification?
MR. RODRIGO. Concurrence of a majority plus one.
MR. CONCEPCION. With pleasure. That is why I wanted that clarified. So, a vote of five is
enough to render a decision of the Supreme Court en
MR. RODRIGO. Mr. Presiding Officer, I want to ask banc, even if there are 1 1 justices, although five is not a
questions on some novel provisions in this proposal. At majority of all the members of the court. In very im-
present, the Constitution provides for a definite number portant matters, is it not better to provide for a vote
of the votes of justices in order to decide certain mat- of a majority of all the justices?
ters, for example, at least 10. But here the basis is a
majority plus one, of the Members who actually parti- MR. CONCEPCION. It will be better in the court
cipated. In case of an en banc court, there are, at most, where it is always full. But our experience has shown
1 1 justices. that during martial law, the majority seldom, if ever,
had been fully composed of the number prescribed in
MR. CONCEPCION. That is right. the Constitution.
MR. RODRIGO. How many of them have to par- MR. RODRIGO. I mean a majority of all the actual
ticipate?
members of the Supreme Court.
MR. CONCEPCION. Six of them have to participate.
MR. CONCEPCION. Yes, but if there are vacancies ...
MR. RODRIGO. So, if only six participated, then the MR. RODRIGO. Then, of all the actual members of
vote of four . . .
the Supreme Court.
MR. CONCEPCION. Four plus one, because three is
not a majority - out of six, it is only one-half. So, four MR. CONCEPCION. The problem is this; Former
plus one, five. Solicitor General Padilla mentioned the case of Ocampo
vs. Secretary of Justice. The votes there were seven to
MR. RODRIGO. So, in an en banc decision, even if four. The four won the case because the law then re-
there are 1 1 justices actually in the Supreme Court, a quired eight votes, and we do not want that to be main-
vote of only four can already . .
tained. Secondly, we want the court to act expeditiously
in the disposal of cases. And, thirdly, one judge of a
MR. CONCEPCION. No, a vote of five. lower court can declare a law unconstitutional. Why not
five from the Supreme Court?
MR. RODRIGO. A vote of four.

MR. RODRIGO. Let me go to another point then.
MR. CONCEPCION. No; a majority plus one. On page 2, Section 5, there is a novel provision about
appointments of members of the Supreme Court and of
judges of lower courts. At present it is the President
MR. RODRIGO. Majority plus one.
who appoints them. If there is a Commission on Ap-
pointments, then it is the President with the confirma-
MR. CONCEPCION. That is right.
tion of the Commission on Appointments. In this pro-
posal, we would like to establish a new office, a sort of a
MR. RODRIGO. What is the minimum number of board composed of seven members, called the Judicial
those who should participate? and Bar Council. And while the President will still ap-
point the members of the judiciary, he will be limited
MR. CONCEPCION. There must always be a quorum. to the recommendees of this Council.
MR. RODRIGO. Six? MR. CONCEPCION. That is correct.

THURSDAY, JULY 10 1986
,
445
MR. RODRIGO. And the Council will, whenever MR. CONCEPCION. The only purpose of the Com-
ther? is a vacancy, recommend three. mittee is to eliminate partisan politics.
MR. CONCEPCION. At least three for every vacancy. MR. RODRIGO. member who is appointed
So, the
for a one-year term can be reappointed for a three- or
MR. RODRIGO. And the President cannot appoint four-year term. There is no limitation on reappoint-
anybody outside of the three recommendees. ment?
MR. CONCEPCION. Nomination by Council the MR. CONCEPCION. That is right.

would be one of the qualifications for appointment.
MR. RODRIGO. Another point. Under our present
MR. RODRIGO. Suppose the President does not Constitution, the National Assembly may enact rules of
want to appoint any of the three, will the Council be court, is that right? On page 4, the proviso on lines 1
asked to submit another list? to 19 of the Article on the Judiciary provides:
The National Assembly may repeal, alter, or supplement

MR. CONCEPCION. In other words, it is just the
the said rules with the advice and concurrence of the
same as saying the President is not willing to comply Supreme Court.
with the Constitution.
MR. RODRIGO. No, he is willing to comply, but he MR. CONCEPCION. Yes.

does not want to appoint any of the three.
MR. RODRIGO. So, two things are required of the
supple-
MR. CONCEPCION. That is it. The Constitution National Assembly before it can repeal, alter or
requires that the nominee be included in the list of the ment the rules concerning the protection and enforce-
Council. ment of constitutional rights, pleading, etc.
- it must
have the advice and concurrence of the Supreme
Court.
MR. RODRIGO. No. That is what I want to know.
The Council submits three nominees, but the President MR. CONCEPCION. That is correct.
does not want to appoint any of them. Can he ask the
Council to submit another list of three nominees? MR. RODRIGO. This renders the job of the Assem-
dependent on the
bly inutile because it is absolutely
it has to
MR. CONCEPCION. Yes, definitely. Supreme Court. It cannot initiate anything;
the advice and concurrence of
the Supreme
solicit first
MR. RODRIGO. And if he does not want these three Court.
new nominees, the Council could still submit another
the Al-
three? MR. CONCEPCION. The President is not
better than the courts.
mighty God. He cannot know
MR. CONCEPCION. Yes. understand that there is
I
The courts control internal operation.
That is the pur-
also a proposal requiring the filling of vacancies within a
pose.
specified period.
MR. RODRIGO. Why not remove this power,
just
MR. RODRIGO. Of the seven members of the Judi- which is inutile, from the National Assembly?
cialand Bar Council, the President appoints four of
them who are the regular members. CONCEPCION. That is the Commission’s
MR.
concern. If it wants to eliminate it, we will not object to
MR. CONCEPCION. Yes, that is right. it.
MR. RODRIGO. So, majority of the members of the MR. RODRIGO. Instead of giving it a power, which
is
Council are appointees of the President.

no power at all, we might as well eliminate
this.
that no
MR. CONCEPCION. That is right. MR. CONCEPCION. The point is this. We feel
the court what the
President can know better than
MR. RODRIGO. Can the members of the Council be demands of its internal operations are.
reappointed?
MR. RODRIGO. Yes. I think I made myself clear on
MR. CONCEPCION. They can be reappointed. that point.
which we took
MR. RODRIGO. Yes, they can be reappointed, Another point, Mr. Presiding Officer,
is that of giving
because the tenure of office is staggered - one is ap- up in the Committee on the Legislative
power to appeal
pointed for four years, the others are for three years, the State or the offended party the
case. For the
two and one. from a judgment of acquittal in a criminal
benefit of those who are not lawyers in this body, there MR. CONCEPCION. is an appeal based on the
It
is the rule at present against double jeopardy, which allegation that there has been such abuse of discretion
provides that if an accused is acquitted at any stage of that the court which rendered the judgment acted with-
the judicial proceeding, he can no longer be tried. So, if out jurisdiction.
an accused is acquitted in the municipal court, the judg-
ment of acquittal cannot be appealed to the regional MR. RODRIGO. I go back to my question. Suppose
court or to the court of appeals. the accused is acquitted in the municipal court and the
offended party wants a petition for review on certiorari,
Section 1 2, on page 5, states:
can he petition the regional trial court for it or does he
An appeal by the State and/or the offended party from have to go to the Supreme Court?
a judgment of acquittal may be allowed in the discretion of
the Supreme Court by a petition for review on certiorari MR. CONCEPCION. I ask Commissioner Padilla, the
on the ground that it is manifestly against the evidence and author of the provision, to answer the Commissioner’s
with grave abuse of discretion amounting to lack or excess question because I do not want to preempt him.
of jurisdiction.
THE PRESIDING OFFICER (Mr. Azeuna). Commis-
MR. CONCEPCION. That is correct.
sioner Padilla is recognized.
MR. PADILLA. Mr. Presiding Officer, the provision,

MR. RODRIGO. Even not a mere question of
if it is
as itappears in the committee report, is limited to a
law but of appreciation of facts or evidence?
petition for review on certiorari to the Supreme Court,
subject to the discretion of the Supreme Court. My
MR. CONCEPCION. If there has been an abuse of
original proposal referred to the discretion of the ap-
discretion, the court has no jurisdiction and, of course, pellate court, but the Committee felt that, when the
if the court has no jurisdiction, there could be no valid
question involves lack or excess of jurisdiction, the
decision. That is it.
petition should be directed or confined to the Supreme
Court. I would like to add that the ground is specific
MR. RODRIGO. But lack of jurisdiction can be based and restricted. Besides being discretionary on the part
on a mistake of the appreciation of facts because it of the Supreme Court, it may dismiss a petition for
says: ‘‘review on certiorari on the ground that it is mani- review on certiorari outright if it has no merits.
festly against the evidence.” on
In addition, the ground for a petition for review
certiorari is not only if the judgment is manifestly
MR. CONCEPCION. Yes, it is manifestly against the
against the evidence but also if it is rendered with grave
evidence on record.
abuse of discretion. In my original proposal, it was
either of these, but the Committee felt that in addition
MR. RODRIGO. But it says here: ‘‘in the discretion to the judgment of acquittal being manifestly against
of the Supreme Court.” I would like to clarify this. Is it
the evidence, it must also have been rendered with grave
only the Supreme Court to which a judgment of acquit-
abuse of discretion amounting to lack or excess of
tal can be appealed? Can a judgment of acquittal of
a jurisdiction.
municipal court be appealed to a regional trial court?
MR. RODRIGO. Let me repeat my question. Suppose
MR. CONCEPCION. When it affects jurisdiction, it an accused acquitted by the municipal court under
is
goes to the Supreme Court. The power to review cases this provision by the Committee, can the offended party
involving jurisdiction is stated in the Constitution. That petition for review on certiorari to the next higher court
is simple — there is no jurisdiction, there is no authori-
if which is the regional trial court?
ty, and if there is no authority, the decision rendered is
null and void. MR. PADILLA. No, the provision, as redrafted by
the Committee, is clear that this petition for review on
certiorari may only be filed with the Supreme Court,
MR. RODRIGO. So, the offended party
appeal may
Supreme Court. Suppose somebody which has the discretion to dismiss or to give it due
to the acquitted is
course.
in the municipal court, can the offended party appeal to
the regional trial court?
MR. RODRIGO. But in the Vice-President’s original
proposal, this petition for review on certiorari can be
MR. CONCEPCION. I suppose he could not but if he filed in the regional trial court.
wants to question the jurisdiction, that is another thing.
If is not an appeal. I think Commissioner Rodrigo is not MR. PADILLA. To an appellate court.
speaking of appeal in general.
MR. RODRIGO. Which is better, Mr. Presiding Of-
MR. RODRIGO. By a petition for review on cer- ficer? I am sure the Vice-President’s own ‘‘baby” is
tiorari. better.
MR. PADILLA. Our own proposals, which we some- situated in the seacoasts and transportation is rather
times feel are the best, must yield to the better judg- difficult. In highly urbanized areas, it would not be so
ment of the members of the Committee, and I did agree, difficultbecause the executive judge and, perhaps, even
otherwise, I would have insisted on my original pro- the judges themselves can get together with the justice/s
posal. of the Supreme Court and discuss the problem.
My thought was this, if the Commissioner
original
MR. RODRIGO. I will propound the question to the
may allow me to explain. There are at present 1,700
sponsor now.
judges out of 2,200 positions for judges. If each judge
There are thousands of criminal cases all over the were required to decide one case in addition to his
Philippines, in the municipal, city, and regional trial normal number of decisions, we would have 1,700 addi-
courts. If all the appeals from judgment of acquittals by tional cases disposed of apart from those filed after the
the offended party or the State be in the discretion of adoption of this Constitution. If we multiply 1,700 by
the Supreme Court, does not the sponsor believe the 1 2 months, that would be quite a big
number. That is
Supreme Court will be swamped by an avalanche of how I see it in Manila. I do not know how it will work
petitions for review on certiorari? in the provinces, especially in Palawan. I was assigned
there as a judge, but I have not been to that place since
MR. CONCEPCION. Only God can tell and answer 1 940. It was difficult to go from
one place to another,
the Commissioner’s question whether it will be for instance, from Puerto Princesa to Brooke’s Point
swamped by petitions for review on certiorari or not. which is closest to Java or perhaps Sabah. There are
problems of communications, court facilities, and libra-
MR. RODRIGO. Yes. ries. So,would prefer that the Supreme Court devise
I
ways and means by consulting local judges with the

THE PRESIDING OFFICER assistance of the Judicial Administrator
to unclog the
(Mr. Azcuna). Commis-
sioner Rodrigo’s 1 5-minute period is over. dockets.
MR. RODRIGO. Thank you, Mr. Presiding Officer. MR. BENGZON. Mr. Presiding Officer, what I am
referring to is that since this is a continuing work, the
MR. RAMA. Mr. Presiding Officer. Supreme Court always have to find ways and means
will
varied reasons. My
to expedite decisions because of
section a part of
the PRESIDING OFFICER (Mr. Azcuna). The question is: Should we not make this
honorable Floor Leader Article on the Judiciary instead of putting
is recognized. the regular
it in the Transitory
Provisions?
recognized. MR. CONCEPCION. I do not think the members of
Committee would object to that.
the
is on the cases
sioner Bengzon is recognized. MR. BENGZON. My next question
On page 2, lines 1 to 3 of the pro-
heard by a division.
MR. BENGZON. May I invite the sponsor’s attention
posed Article on the Judiciary say:
decided with the con-
to page 5 of the committee report, Mr. Presiding Of- Cases heard by a division shall be
ficer, but not of the draft Article, wherein it is stated currence of a majority of the members who actually parti-
that two sections are recommended to be included in cipated when the case was submitted for decision.
the Transitory Provisions.

My question
not that the function of the
is: Is it
Supreme Court in providing for a systematic plan to there are five members in a
MR. BENGZON. Suppose
expedite the decision or resolution of cases or matters
division, if three of them,
which constitute a quorum,
filed with the courts or the lower courts is something in the deliberation of the case, a
actually participated
continuing?
concurrence of the majority of the three, which is two
entire court.
members, would decide the case for the
MR. CONCEPCION. Yes, that is correct.
IR. CONCEPCION. That is right.
That is also part of
Court clear the
MR. BENGZON. So, why do we not include this attempt to have the Supreme
court or one region-
section in the Article on the Judiciary? ket. If one judge of a municipal
why can two
idge can declare a law unconstitutional,
MR. CONCEPCION. Again, the answer is simple. Not ices of the Supreme Court
not? That is the philo-
all courts have the same problems, and one court may
find a method more suitable than that which would be
suitable in other regions. There are regions in the Philip- MR. BENGZON. I am on page 2, line 30. What
still
decision
pines, for instance, where most of the municipalities are was the basic reason of the Committee for its
on a term of four years for the regular members of the MR. RAMA. Mr. Presiding Officer.
Judicial and Bar Council?
MR. CONCEPCION. One might say it was done at honorable Floor Leader is recognized.
random or because there would be four members to be
appointed by the President. Actually, the Committee felt
there should be a renewal or change of membership MR. RAMA. Before we adjourn, I would like to
from time to time. That is why their terms are staggered accommodate the request of Commissioner Gascon to
— to assure certain continuity in the policies, so that at file a motion for reconsideration, which has to be filed
no time would the Council have members who are not now otherwise it will be lost according to our Rules.
posted on the policies of the officers who preceded
So, I ask that Commissioner Gascon be recognized,
them.
and that the consideration of that motion for recon-
sideration be deferred for tomorrow or some other day.
MR. BENGZON. am
going back to Section 6, lines
I
22 to 25, page 2. One of the problems the Judicial

Administrators or Judicial Superintendents had was
THE PRESIDING OFFICER (Mr. Azcuna). The Chair
recognizes Commissioner Gascon.
every justice of the Supreme Court wanted to put in
his two cents’ worth with respect to recommendations
they would make, so there was a great delay in the MR. GASCON. Thank you, Mr. Presiding Officer.
supervision of the lower courts.
Yesterday, we approved on Second Reading Commit-
The question is: When we create this Judicial and Bar tee Report No. 7, the Article on Amendment or Re-
Council, which is under the supervision of the Supreme vision. After seriously considering the statements there-
Court, how would we obviate such a happening from in, I like to file a motion for reconsideration so
would
being repeated? that I may introduce amendments on Section 2 on ini-
tiative which are: to put a period (.) after the word
MR. CONCEPCION. I will start by saying that the “Constitution” and to delete “nor oftener than once
Commissioner’s major premise is not exactly correct every five years thereafter.”
because it is a generalization of some incidental I feel it is awkward to give freedom to the National
situations during the Marcos regime. Assembly amendments to the Consti-
as far as proposing
By the way, our committee report mentions the tution is concerned since we do not give the same
personalities who appeared before the Committee. They freedom to the people. So, I would like to file this
were, among others, the solicitor general who rep- motion for reconsideration.
resents government. Chief Justice Teehankee,
the
former Chief Justice Makasiar and Atty. Belo, a pro-
minent member of the Integrated Bar of the Philippines.
The general consensus is that the major problem of the
judiciary is political interference, particularly the power
of reorganization which Floor Leader is recognized.
is dangerous, unless subject to
some limitations.
MR. RAMA. I defer consideration of
move that we
MR. BENGZON. My last question, Mr. Presiding the motion for reconsideration for tomorrow.
Officer, is— and this is for the record so that it will be
properly entered in our Journal— on page 4, Section 7 THE PRESIDING OFFICER (Mr. Azcuna). Is there
(6) states: “appoint all officials and employees of the any objection? (Silence) The Chair hears none; the
judiciary.’’ The Committee is referring to appointments motion is approved.
of sheriffs, clerks of court, bailiffs and all the employees
in the judiciary.
MR. CONCEPCION. Yes, that is right.
adjourn until tomorrow at nine o’clock in the morning.
MR. BENGZON. All these appointments are made by
the Supreme Court. THE PRESIDING OFFICER (Mr. Azcuna). Is there
MR. CONCEPCION. By the Supreme Court, yes. session is adjourned until tomorrow at nine o’clock in
the morning.
MR. BENGZON. Thank you. It was 6:48 p.m.

FRIDAY, JULY 11, 1986 449
R.C.C. NO. 28
Friday, July 11, 1986
OPENING OF SESSION the humanity in every man and put the odds of the
unending struggle for justice on earth on the side of the
At 9:30 a.m., the President, the Honorable Cecilia just and the faithful among Your children.
Munoz Palma, opened the session. Extend to us, O Lord, the grace of Your own cove-
nant with Your people. Help us so that we may live up
THE PRESIDENT. The session is called to order. to our name as the one Christian nation in Asia, a
Christian nation graced by a new and stronger solidarity
with our Muslim brothers in Mindanao. Help us frame a
NATIONAL ANTHEM
covenant between our people and their government
that
THE PRESIDENT. will heal all remaining wounds
and bitterness from the
Everybody will please rise to sing
the National forge a lasting solidarity among us
Anthem. past, that will
through the structures of a just society,
but always
Everybody rose to sing the National Anthem. and guidance.
under the grace of Your Divine inspiration
THE PRESIDENT. Everybody will please remain Amen.
Bias F. Ople. ROLL CALL
Everybody remained standing for the Prayer. THE PRESIDENT. The Secretary-General will please
call the roll.
PRAYER
MR. OPLE. Lord, You were the Original Taskmaster. THE SECRETARY-GENERAL, reading:
Present* Natividad . . . . . Present*
In the Old Testament, You gave a covenant to Your Abubakar
Present* Nieva . . Present
people. was a good CBA or Collective Bargaining
It Alonto
Present NoUedo .... . . Present
Agreement, as we would call it now, but the enjoyment Aquino
Present ople . . Present
of its benefits required reciprocal performance and Azcuna
Present Padilla . . Present
sacrifice. Bacani
Present* Quesada .... . . Present
Bengzon
Y ou
promised them deliverance from oppression and Bennagen Present Rama . . Present
the ultimate refuge of a land of justice flowing with Present Regalado .... . . Present
Bemas
milk and honey. But this was not going to be a simple Present* Reyes de los . . . Present
Rosario Braid . . .
gift of Your bounty. You did not promise a free lunch. Present Rigos . . Present
Brocka ....
Rodrigo .... . Present
Present .
was going to be a test of faith on a long journey

It Calderon
Present
beset by all kinds of dangers, hunger, discord and

Rosales Present
mutinies, the sword of unforeseen enemies, and the Colayco Absent . .
Sarmiento . . . Present
. .
ultimate risk, the loss of moral endurance and of the will Present
Present Suarez . .
to struggle, the people’s capitulation not to external Davide

Poz Present
enemies but to their own internal weakness. Present
Garcia Present Tadeo . .
Tan Present
Lord, Constitutional Commission, we are
. .
in this Gascon Present
Tingson .... Present
drafting a Constitution that when ratified, will be the Guingona Present
. .
Present
highest covenant between our people and their govern- Jamir Present Trefias . .
Absent
ment. Wehumbled by the sheer majesty of this task.
are Laurel Present Uka . .
Present*
It is beyond our means to promise a covenant that will Lerum Present Villacorta . . .
Present
redeem our people from the bondage of centuries of Maambong .... Absent Villegas
poverty, disease and injustice, and that will bring them Monsod Present
to a promised land flowing with milk and honey. But it
is within our means to forge, with common dedicated
shows 39 Members responded to the
call.
labors, a framework of law and justice that will honor The roll call
’‘‘Appeared after the roll call

450 FRIDAY, JULY 11, 1986
THE PRESIDENT. The Chair declares the presence of ASSEMBLY FIRST ELECTED UNDER THIS CONSTI-
a quorum. TUTION SHALL HAVE ELECTED THE SPEAKER,
THE INCUMBENT VICE-PRESIDENT SHALL BE THE
MR. CALDERON. Madam President. PRESIDING OFFICER THEREOF.
recognized.
Provisions.
MR. CALDERON. I move to dispense with the read-

ing of the Journal of the previous session. Proposed Resolution No. 475, entitled:
THE PRESIDENT. Is there any objection? (Silence) TRANSITORY PROVISIONS A PROVISION FIXING
The Chair hears none; the motion is approved. THE DATE OF EFFECTIVITY OF THE NEW CONSTI-
TUTION AND ITS EFFECTS ON PREVIOUS CONSTI-
APPROVAL OF JOURNAL TUTIONS.
MR. CALDERON. Madam President, I move that we Introduced by Hon. Davide, Jr.
approve the Journal of the previous session.

Provisions.
MR. CALDERON. Madam President, I move that we RESOLUTION TO INCORPORATE IN THE TRANSITORY
proceed to the Reference of Business. PROVISIONS OF THE NEW CONSTITUTION A PRO-
VISION ACCORDING RECOGNITION TO LAWS, PRO-
THE PRESIDENT. Is there any objection? (Silence) CLAMATIONS, ORDERS, DECREES, INSTRUCTIONS
The Chair hears none; the motion is approved. OR ACTS NOT OTHERWISE INCONSISTENT WITH THE
The Secretary-General will read the Reference of NEW CONSTITUTION, UNLESS THEY ARE MODIFIED
Business. OR REPEALED BY THE NATIONAL ASSEMBLY.
REFERENCE OF BUSINESS To the Committee on Amendments and Transitory
Provisions.
Resolutions on First Reading, Communications and
Committee Report, the President making the corre- Proposed Resolution No. 477, entitled:
sponding references: RESOLUTION TO EXTEND STATE RECOGNITION AND
SUPPORT TO COMMUNITY MEDIA AND OTHER
PROPOSED RESOLUTIONS ON FIRST READING FORMS OF SMALL MEDIA.
Proposed Resolution No. 473, entitled: Introduced by Hon. Rosario Braid.
RESOLUTION TO INCORPORATE IN THE ARTICLE To the Committee on General Provisions.

ON THE TRANSITORY PROVISIONS A PROVISION
AUTHORIZING THE PRESIDENT TO REVIEW ALL Proposed Resolution No. 478, entitled:
CONTRACTS, CONCESSIONS, PERMITS, OR OTHER RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
FORMS OF PRIVILEGES FOR THE EXPLORATION
TUTION A PROVISION ON THE RIGHT TO COMMUNI-
DEVELOPMENT, EXPLOITATION OR UTILIZATION
CATE AND INITIATE COMMUNICATION.
OF THE NATURAL RESOURCES ENTERED INTO,
GRANTED, ISSUED OR ACQUIRED BEFORE THE Introduced by Hon. Rosario Braid.
EFFECTIVITY OF THE NEW CONSTITUTION, AND TO To the Committee on Citizenship, Bill of Rights,
AMEND, MODIFY OR REVOKE THE SAME. Political Rights and Obligations and Human Rights.
To the Committee on Amendments and Transitory Proposed Resolution No. 479, entitled:
Provisions. RESOLUTION TO INCORPORATE IN THE DECLARATION
OF PRINCIPLES THE RECOGNITION OF RURAL
Proposed Resolution No. 474, entitled: DEVELOPMENT AND AGRARIAN REFORM AS
PRIORITIES OF THE STATE.
TRANSITORY PROVISIONS OF THE NEW CONSTI- Introduced by Hon. Rosario Braid.
TUTION A PROVISION THAT UNTIL THE NATIONAL To the Committee on Social Justice.
RESOLUTION TO INCLUDE A SECTION IN THE DECLA- RESOLUTION TO INCORPORATE IN THE TRANSITORY
RATION OF PRINCIPLES RECOGNIZING NON- PROVISIONS OF THE NEW CONSTITUTION A PRO-
GOVERNMENTAL INSTITUTIONS AND MASS-BASED VISION REQUIRING THE SUBMISSION OF ALL
ORGANIZATIONS AS PARTNERS IN DEVELOPMENT. TREATIES OR INTERNATIONAL AGREEMENTS
WHICH WERE NOT RATIFIED BY THE PREVIOUS
LEGISLATURES TO THE NATIONAL ASSEMBLY FOR
To the Committee on Preamble, National Territory, APPROPRIATE ACTION.

Proposed Resolution No. 481, entitled: Provisions.
TION A PROVISION RECOGNIZING THE ROLE OF
THE YOUTH IN NATION-BUILDING AND GUARAN- COMMUNICATIONS
TEEING THEIR REPRESENTATION IN POLICY-
MAKING BODIES OF THE GOVERNMENT. Letter from the National Nutrition Council signed by
Dr. Josefina Atienza-Salvana, requesting mention of
nutrition as one of the fields in which the state shall
To the Committee on Preamble, National Territory, provide social services.
and Declaration of Principles. - Constitutional Commission
of 1986)
Proposed Resolution No. 482, entitled: To the Committee on Preamble, National Territory, and
RESOLUTION TO GIVE MEANING AND SUBSTANCE TO Declaration of Principles.
THE CONSTITUTIONAL PROVISION AGAINST CRUEL
Council,
OR UNUSUAL PUNISHMENT. Letter from the Labor Advisory Consultative
and three others, submitting a
Introduced by Hon. Natividad, Maambong, Ople and signed by Mr. J. Edralin
protection to labor and
de los Reyes, Jr. draft resolution proposing
guaranteeing basic human and trade union rights.
Constitutional Commission
(Communication No. 170 —
of 1986)
RESOLUTION TO ADOPT A SECTION IN THE TRANSITO- Letter from the Supreme Cooperative
Council of the
RY PROVISIONS FREEZING ALL SEQUESTRATION S. Lozada, Manuel
Philippines signed by Messrs. Arcadio
draft
ORDERS ISSUED BY VIRTUE OF PROCLAMATION F Verzosa and Vicente A. Martires, submitting a
resolution proposing a state policy on
NO. 3 ON MARCH 25, 1986 UPON THE ADOPTION OF cooperatives.
THIS CONSTITUTION UNTIL JUDICIAL CONFIRMA- - Constitutional Commission
TION.
of 1986)
Introduced by Hon. Bernas and Aquino.
Committee on the National Economy
and
To the
To the Committee on Amendments and Transitory Patrimony.
Provisions.
Qrilo A.
Letter from the Honorable Commissioner
Mr. Liberate Gamo, a
Proposed Resolution No. 484, entitled: Rigos, transmitting a letter from
Constancia St., Sampaloc,
retired civil servant of 253
RESOLUTION TO INCORPORATE IN THE TRANSITORY constitutional assurance that
Manila, requesting a
PROVISIONS A PROVISION REQUIRING ALL QF- their gratuities at the time
retirees shall receive in full
FICIALS AND EMPLOYEES OF THE GOVERNMENT,
of their retirement.
INCLUDING THOSE IN GOVERNMENT-OWNED OR
CONTROLLED CORPORATIONS AND THE OFFICERS (Communication No. 172 - Constitutional Commission
AND MEMBERS OF THE ARMED FORCES OF THE of 1986)
and
PHILIPPINES TO TAKE AN OATH TO SUPPORT, To the Committee on Constitutional Commissions
PROTECT, PRESERVE, AND DEFEND THE NEW Agencies.
CONSTITUTION.
Introduced by Hon. Davide, Jr. Letter from Mr. Jeremias U.
Montemayor for the
a copy ot the
To the Committee on Amendments and Transitory Federation of Free Farmers, submitting
article “Social Justice and the
Constitution.
Provisions.
(Communication No. 1 73 — Constitutional Commission MR. RAMA. Madam President.

of 1986)
To the Committee on Social Justice. THE PRESIDENT. Yes, the Floor Leader is recog-
nized.
Communication from Mr. Fabian M. Dayrit, recom-
mending provisions on science and technology. MR. RAMA. May I ask that Commissioner Foz be
(Communication No. 1 74 — Constitutional Commission recognized.
of 1986)
THE PRESIDENT. Commissioner Foz is recognized.
COMMITTEE REPORT MR. FOZ. Madam President, in response to the

announcement of the Chairman of the Steering Com-
Committee Report No. 23 on Proposed Resolution mittee regarding our reports, I wonder if it is feasible to
No. 486, prepared by the Committee on Citizenship, take up Committee Report No. 19 first before Commit-
Bill of Rights, Political Rights and Obligations and tee Report No. 20. Committee Report No. 1 9 refers to
Human Rights, entitled: the Civil Service Commission including the Common
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Provisions for the three constitutional commissions. I
TUTION AN ARTICLE ON THE BILL OF RIGHTS, do not see how we can tackle the two reports at the
same time.
Resolution Nos. 4, 84, 26, 28, 40, 45, 48, 58, 65, 94,
MR. BENGZON. I did not mean that we would con-
98, 101, 103, 131, 154, 160, 165, 169, 175, 184, 191,
sider Committee Report Nos. 1 9 and 20 simultaneously
202, 209, 210, 226, 237, 242, 245, 250, 258, 261, 274,
but one after the other.
287, 293,297 and 314.
Sponsored by Hon. Laurel, Jr., Bernas, Davide, Jr., Thank you.
Bengzon, Jr., Abubakar, Colayco, Sarmiento, Tadeo,
Garcia, Villegas, Rodrigo, Bennagen, Lerum, Bacani, THE PRESIDENT. Committee Report No. 19 refers
Padilla and Natividad. to the Civil Service Commission and Committee Report
No. 20 refers to the Commission on Audit. Is that
MR. RAMA. Madam President. correct?
THE PRESIDENT. The Floor Leader is recognized. MR. BENGZON. Yes, Madam President.

recognized for an information.
THE PRESIDENT. THE PRESIDENT. The Floor Leader is recognized.

Commissioner Bengzon is recog-
nized.
CONSIDERATION OF COMMITTEE REPORT NO. 18
MR. BENGZON. Good morning. (Article on the Judiciary)
Madam President, may I announce Continuation
to the Commission
that, in linewith the results of the caucus of the Chair-
man and the Vice-Chairman of the Steering Committee PERIOD OF SPONSORSHIP AND DEBATE
the other day, it was decided that the last day for the
filing of proposed resolutions will be on July
MR. RAMA. I move that we continue the considera-
15; there- tion of Committee Report No. 18 on the draft Article
after, whatever proposals the Commissioners may
have on the Judiciary. We are still in the period of sponsor-
will be introduced already as amendments.
ship and debate.
Likewise, may I take this opportunity to announce
that if we finish the Article on the Judiciary today, the THE PRESIDENT. Is there any objection? (Silence)
Steering Committee intends to schedule the period The Chair hears none; the motion is approved.
of sponsorship and debate and also the period of amend-
ments on Monday for Committee Report Nos. 19 and I ask that Commis-
MR. RAMA. Madam President,
20 with respect to the Civil Service Commission and the interpellate the sponsor.
sioner Tadeo be recognized to
Commission on Audit.
So, may I Chairman and members of the
alert the THE PRESIDENT. the other members of the
If
Committee on Constitutional Commissions and Agen- Committee on the Judiciary desire to sit with the
cies to be prepared for Monday in the event that we Chairman, they can do so. Maybe we can provide chairs
finish the Article on the Judiciary today. for them.
Thank you. Commissioner Tadeo is recognized.

FRIDAY, JULY n. 1986 453
MR. TADEO. Madam President, Kagalanggalang na directory but mandatory. Hence, we decided to change
Commissioner, Chief Justice Concepcion, mayroon the word “shall” to MUST
which is stronger. However,
lamang po akong ilang paglilinaw tungkol dito sa page 6, the present provision shall apply after the effectivity of
lines 8 to 1 1 na nagsasaad: the present Constitution. Insofar as cases filed before
the effectivity of the present Constitution are con-
All cases or matters filed after the effectivity of this Consti-
cerned, Chief Justice Teehankee informed us that it is
tution must be decided or resolved within twenty-four
physically impossible to apply the period. That is why
months from date of submission for the Supreme Court
XXX.
we have recommended in the Transitory Provisions that
the court shall take such proper means for the early
Batay po konkretong karanasan ng mga
ito sa isang disposition of cases filed before the effectivity of the
magbubukid at sakada sa Negros kung saan naisampa present Constitution. Am
I clear?
ang kaso nila tungkol po sa “amelioration fund” o iyong

1 0 centavos per picul ng asukal. Simula po ng naisampa
MR. TADEO. Kung sa kabila nito ay lumagpas pa rin
ito sa Korte Suprema bumilang na po ito ng 20 taon o
ang 24 na buwan na wala pang desisyon, ano po ang
mahigit pa. Samantalang dito sa bagong panukalarig epekto nito?
resolusyon, ang isinasaad lamang ay 24 na buwan. Ang
kaso pong ito sa Korte Suprema ay inabot ng maraming by our Chairman, who
taon at lumagpas na sa panahong ayon dito sa resolus-
MR. TRENAS. As clarified
was a former Chief Justice of the Supreme Court, while
yon. Hindi naman nila maihabla ang mga Justices ng
we did not put it very clearly, we feel that this will now
Korte Suprema at tinatanong ng mga magbubukid kung
constitute a violation of the Constitution. Furthermore,
bakit natapos na ang maraming taon ay wala pang desis- new
the Commissioner will note that we added a
yon. Saan pa sila pupunta? Ang Korte Suprema na ang
provision to Section 14, subsection 2, which says:
pinakamataas na hukuman.
A case or matter shall be deemed submitted for decision
Kagalanggalang na Commissioner Concepcion, ang
or resolution upon the of the last pleading, brief, or
filing
sabi po ng Korte Suprema tungkol dito ay wala pa raw
memorandum required by the Rules of Court or by the
regulasyon para maisakatuparan ang taning na panahong
court itself.
18 o 24 na buwan. Ano po kaya ang paraan para hindi
naman ito maabuso? Lumagpas na sa panahon po ang So, the Constitution itself clarifies
when a case or
kasong ito ng mga magbubukid. Ang isinasaad po sa matter is deemed submitted for decision.
1973 Constitution ay 18 buwan; dito po naman sa ating
bagong panukala ay kinakailangang makapaghatol Furthermore, we added another new provision, sub-
kaagad ang Korte Suprema sa loob ng 24 na buwan mula section 3, which says:
nang isampa ang kaso. Pero iyon pong kasong iyon ay the expiration of the corresponding
period, a
Upon
napakaraming taon na ang binilang, wala pa ring nang- certification to this effect signed by the Chief Justice or the
yayari. Ano po kaya ang mabuting paraan para hindi and a copy thereof
presiding judge shall forthwith be issued
natin ito maabuso? attached to the record of the case or matter, and served
upon the parties.
MR. CONCEPCION. By the way, may
announce to I
record of the
the Commission that the members of the Committee Therefore, there will now appear in the
period has already expired be-
on the Judiciary have been kind enough to help me in ase the fact that said
certification shall be issued and,
arguing on a number of questions and they have offered ause the corresponding
affected may take such
individually to speak on certain specific matters; and herefore, the parties adversely
may deem necessary and
this question happens to be the subject on which Com- ppropriate action they
missioner Trenas has offered his assistance.
THE PRESIDENT. Is Commissioner Tadeo satisfied?

THE PRESIDENT. So, Commissioner Trenas is
recognized.
MR. TRENAS. Am I clear?
MR. TRENAS. Madam President, fellow Commis-

sioners: It true that under the 1973 Constitution, we
is
MR. TADEO. Yes.
have Section 1 1 , paragraph 1 of the Article on the

Judiciary which required the maximum period of 18
months for the to decide a case submit-
Supreme Court
ted to it. However,
in a decision rendered by the Su- MR. RAMA. Madam President.
preme Court, the word “shall” was construed or

interpreted as merely directory. That is why the Com- THE PRESIDENT. Yes.
mittee, in going over this provision, wanted to make it

ask that Commissioner
Monsod be
clear to the Supreme Court and to the other collegiate MR. RAMA. I
and lower courts that this provision is not merely recognized.

THE PRESIDENT. Commissioner Monsod is recog- matically appropriated; and third, it must be regularly
nized. released without need of provocation on the part of the
Judiciary. Those were our main concern.
MR. MONSOD. Thank you.
Will the honorable Commissioner yield to some MR. MONSOD. If the provision were imposed, say,
questions? this year, thebudget for 1986 as originally provided was

about P750 million, of which about PIO million was for
MR. CONCEPCION. With pleasure. capital expenditures. If this two-percent automatic pro-
vision stays in the Constitution, the budget for the
THE PRESIDENT. Commissioner Monsod may Judiciary for 1986 will be increased to P2.2 billion,
proceed. almost three times the original budget.
My concern^ is that a fixed percentage like this would
MR. MONSOD. Thank you. be tantamount to a preemption by the Judiciary of the
In Section 15, it is provided that an amount equi- budget process and priorities which do not belong to the
valent to not less than two percent of the national Judiciary. Even if it is assumed that the Judiciary needs
budget shall be automatically appropriated and regularly to increase the salaries of its personnel and it needs one-
released for the Judiciary. May I know the basis of this time expenditures for capital requirements, the P2.2
two percent? billion seems to be far in excess of what the Judiciary
would need at the moment.
MR. CONCEPCION. May I refer the matter to Com-
missioner Suarez. MR. SUAREZ. The Gentleman is, therefore, suggest-
ing that it should be reduced to reasonable levels?
MR. SUAREZ. Thank you. Madam President.
When Chief Justice Claudio Teehankee and former MR. MONSOD. My suggestion is to introduce an
Chief Justice Felix Makasiar discussed this matter with
amendment at the appropriate time that would assure
fiscal autonomy to the Judiciary — which I assume is
the Committee on the Judiciary, both of them strongly
the primary objective — and at the same time, for it not
recommended that in order to maintain the inde-
pendence of the Judiciary, the annual budget allocated to impose an undue burden on the budget by means of
for it should be determined and fixed and should be an arbitrary allocation that may not have a basis on the
automatically released regularly without the necessity actual requirements, both operating expenses and
of the chief magistracy of the land lobbying in the capital expenditures.
executive and in the legislative departments, which is
not only demeaning to the Chief Justice of the Supreme MR. SUAREZ. The way we understand the reason for
Court but violative of the principle of independence of Chief Justice Teehankee’s suggesting a three-percent
the three departments. budget based on the total national budget is that the
Judiciary may need funds for the construction of build-
Chief Justice Claudio Teehankee recommended that
ings and also the possible regionalization of the Inter-
at least threepercent of the total annual national budget mediate Appellate Court.
be set aside for the Judiciary corresponding to its annual
budget. But when we discussed this in the committee MR. MONSOD. concede that there may be a one-
I
level,we came up with the suggestion that the three time need for capital expenditures, but let us remember
percent might be a little too much; hence, we agreed
to that when we put a section like this in the Constitution,
recommend to the Constitutional Commission at least this now becomes a recurring allocation from year to
two percent. year. But at some point in time, capital expenditures may
On the basis of the 1986 national budget, which
is
not be needed; the Judiciary will then have excess funds.
about P68 billion, the Judiciary would therefore
be I agree that the integrity of the people in the Judiciary
entitled, based on a two-percent mathematical figure, is such that, perhaps, they will be prudent to return
to something like PI. 2 billion. That is the basis for some of the money.
your Committee recommending a two percent for the
Judiciary. MR. SUAREZ. Yes.
MR. MONSOD. Is the Committee aware that the MR. MONSOD. Unfortunately, considering human
budget for 1986 is about PI 14 billion? nature and the nature of bureaucracy, expenditures
usually expand to the amount of money available. We
MR. SUAREZ. We took that into account also. In may then really be taking money away from more
other words, the figure based on two percent could be priority expenditures.
increased from year to year. The three main features of For example, the budget for the entire University of
this particular provision are: one, there must be a fixed the Philippines System is about P676 million. The
budget for the Judiciary; second, it must be auto- budget for the entire secondary education is about P894
million. So, if we perpetuate this, we may be really MR. GUINGONA. Thank you, Mr. Presiding Officer.
prioritizing wrongly the needs of the people, with In his response. Commissioner Trenas said that when
respect to the funds in excess of the real needs of the the Chief Justice appeared before the Committee, he
asserted that it was physically impossible — these are the
Judiciary.
words used by the Commissioner — for the Supreme

MR. SUAREZ. The Gentleman mentioned a possible
Court to render decision within 18 months as provided
situationwhere the allocation would exceed the actual for. Am I correct?
needs of the Judiciary. Let us rely on the integrity of
the Chief Justice of the Supreme Court; he would cer-
MR. ROMULO. Mr. Presiding Officer.
of these appropriated
tainly take steps for the reversion
funds to the National Treasury. That is the normal
course of . . .
THE PRESIDING OFFICER (Mr. Sarmiento). Com-
missioner Romulo is recognized.
MR. MONSOD. My suggestion is that we institution-
alize some safeguards so that we do not rely solely on MR. ROMULO. Let me clarify this before Commis-
the integrity and prudence of the Judiciary. sioner Trenas does, if he wishes to.
The 1 8-month period does not refer to new cases. He

MR. SUAREZ. Gentleman has in mind a prac-
If the was saying that, in fact, they cannot possibly finish the
tical and effective measure in order that at least this backlog in 1 8 months and, therefore, any new manda-
matter of independence of the Judiciary can be secured, tory period should be prospective, not retroactive. That
the Committee will be very happy to accept any sugges- is really what Chief Justice Teehankee
meant. Would
tion. i Commissioner Trefias wish to add something?
MR. MONSOD. Thank you. MR. TRENAS. Mr. Presiding Officer, in reply to the
explained by
request for clarification, the sense was as
MR. SUAREZ. Thank you. Commissioner Romulo insofar as cases already filed
with the Supreme Court are concerned.

That is why,
MR. ROMULO. May I only add to the thinking of a when we explained that we intended to make the pro-
practical solution. One problem here is that the adminis- 14 mandatory. Chief Justice
visions of Section (1)
tration of justice and, therefore, the delivery of justice provided that these provisions
Teehankee was agreeable,
to our people is always put at the bottom of the list. shall be prospective.
The end of government is to deliver justice, so the
priority should be number one. We have to point out to MR. ROMULO. Thank you.
the legislature — because it often forgets — that beyond
the economic needs, there is at least an equal need for MR CONCEPCION. There are about 5,000 old cases
justice. We cannot have an efficient delivery of justice pending in the Supreme Court. In the
lower courts,
through the courts without the corresponding appro- hmit ourselves to the
there are about 538,000. Let us
priations. I do not necessarily disagree with the Gentle- adopt identical meas-
Supreme Court. If we seek to
man but I think we have to keep in mind that in the ures to finish old and new cases,
it would be impossible
order of priorities, justice should certainly be on top. court to reduce its backlog, apart
from the psy-
for the
chological effect on the justices.
new A justice, perhaps,
MR. MONSOD. Mr. Presiding Officer, I think there is would have to begin with about 1,000
old cases m
addi-
no dispute as to the priority of justice. There may be a hereafter. So, we
tion to the cases that may
be filed
dispute as to the priority of buildings as against expendi- the object of a plan
thought that the old cases should be
tures for essential services. Maybe we can take all that treatment different or separate from the
or method or
into consideration during the period of amendments.
new The draft proposed by the Committee
cases.
period of 24 months
At this juncture, the President relinquished the Chair imposes in a mandatory manner a
the Supreme Court. But
to the Honorable Renato V. Sarmiento. for the new cases filed with
with respect to the old cases,
plans should be made not
MR. RAMA. only for the Supreme Court
but also for the lower
fr^r thp rpHiiction of the backlog.
THE PRESIDING OFFICER (Mr. Sarmiento). Yes, Psychologically, when a justice has
so rnany cases, he
of them during
the Floor Leader is recognized. knows it is impossible for him to dispose
effect is to say.^
his tenure or term. The
psychological
MR. RAMA. impossible tor me.
I ask that Commissioner Guingona be “What is the use? At any rate, it is
with the new cases

recognized. But if we give him means to keep up
cases, that would
and then dispose of some of the old
to con-
THE PRESIDING OFFICER (Mr. Sarmiento). Com- show him that he is given ample opportunity
with reference
missioner Guingona is recognized. tribute to the reduction of the backlog
to the old cases. He may develop a certain feeling of judges. Otherwise, reorganizations would affect the
security that the job is not beyond his capacity to morale of the Judiciary.
handle properly. So, there are two policies there: one,
with respect to the old cases; and the other, all those MR. GUINGONA. Thank you.
that may be filed hereafter. May I add a parenthetical remark. Under Proclama-
tion No. 3, Her Excellency, the President, had set one
MR. GUINGONA. Thank you. year for government reorganization. So, as far as the
But a reading of Section 14 shows that there is no Judiciary is concerned, the reorganization is not yet
distinction made as to cases, such that all cases do not completed. We will have to wait for one year, from the
refer to prospective or back cases. I thought the Gentle- time Proclamation No. 3 was promulgated before the
man may be referring also to the backlog of 50,000 sword dangling over their heads . . .
cases that the honorable Commissioner Concepcion had

mentioned. MR. CONCEPCION. But still the sword is hanging
and that has a very deleterious effect.
MR. CONCEPCION. No distinction was made in that

paragraph or section because the period prescribed in
MR. GUINGONA. I was told that I have only three
minutes more. I was referring to the Supreme Court, not
the previous paragraph refers to cases filed hereafter.
to the lower courts, when I asked the question because
the Gentleman mentioned that there are 50,000 cases
MR. GUINGONA. I see. Thank you.
in the Supreme Court that have not yet been decided.
Considering the concept of “justice delayed is justice
denied,” I was also wondering whether it would be in MR. CONCEPCION. No, about 5,000.
the interest of justice for the justices of the Supreme
Court to tackle the prospective cases, and then take up MR. GUINGONA. Even then, 5,000 is a large number
little by little the back cases, or whether to first give
of cases.
preference to back cases because some of them have
been pending for many, many years, as mentioned by The second question has reference to Section 9,
Commissioner Tadeo. If we go immediately to the about the administrative supervision over all courts to
prospective cases because these are the cases that the be retained in the Supreme Court. I was wondering if
new justices of the Supreme Court will be able to the Committee had taken into consideration the pro-
appreciate better, what happens to the back cases? posed resolution for the transfer of the administrative
supervision from the Supreme Court to the Ministry of
MR. CONCEPCION. Justice. But as far as I know, none of the proponents
I will put it this way: I had
occasion to mention yesterday that there are 1,700 had been invited to explain or defend the proposed reso-
judges, excluding those of the Supreme Court, as of lution.
now. If each one disposes of one case a month among Also, I wonder if the Committee also took into con-
those which are debated and which are backlogs, every sideration the fact that the UP Law Constitution
month there would be 1,700 cases less in the backlog. Project in its Volume I, entitled: Annotated Provision
In 10 months that would be 17,000 cases, and in 12 had, in fact, made this an alternative proposal, the
months, would be 20,000 while the new cases are
it transfer of administrative supervision from the Supreme
being disposed of within the period newly established Court to the Ministry of Justice.
for them. I think that will contribute considerably
to Thank you.
unclogging the docket. However, we have to consider
another problem. We have had, in effect, three reor- MR. CONCEPCION. May I refer the question to
ganizations since the proclamation of martial law. When Commissioner Regalado?
martial law was proclaimed, all judges were required to
file their resignations. We can imagine its psychological THE PRESIDING OFFICER (Mr. Sarmiento). Com-
effect upon the incumbents at the time. At this point in missioner Regalado is recognized.
time, it is only human for judges to think “What is the
use? ” They may be dismissed from the service, or some- MR. REGALADO. Thank you, Mr. Presiding Officer.
may happen resulting in their transfer to
did invite Minister Neptali Gonzales, who was
thing else the
We
another station. The disenchantment of the judges
proponent for the transfer of supervision of the lower
affected understandable.
courts to the Ministry of Justice. I even personally
is
The reorganization also took place in 1980 with the called up and sent a letter or a short note inviting
him,
but the good Minister unfortunately was enmeshed in
a
same effect. With the present revolutionary government,
there is, in effect, the same sword dangling over the lot of official commitments. We wanted to hear him
heads of all judges in the Philippines. We hope that these because the Solicitor General of his office, Sedfrey
things do not happen again; that no reorganization shall Ordofiez, appeared before us, and asked for the main-
take place at the expense of the tenure of incumbent tenance of the present arrangement wherein the super-
FRIDAY, JULY 11. 1986 457
vision over lower courtsis with the Supreme Court. But added further the Judicial and Bar Council which,
aside from although there were no resource per-
that, aside from merely proposing nominees to the President,
sons, we did further studies on the feasibility of trans- will have such other duties as to help in the performance
ferring the supervision over the lower courts to the of functions of the Supreme Court. The theory of this
Ministry of Justice. All those things were taken into is that the power of the Supreme Court to supervise
consideration motu proprio. the inferior courts is an inherent judicial power only
articulated in the 1973 Constitution, and since the
Proposed Resolution No. 363 cites as one of the
Committee’s reasons for asking that the administrative
Supreme Court has the power to discipline the members
of the lower courts, the power to discipline necessarily
supervision be transferred to the Ministry of Justice
carries with it the power to supervise because in the
the case of Manila Electric Company vs. Easay Trans-
power to supervise, we are aborting what would even-
portation wherein the Supreme Court refused to be
tually be an administrative case. Since it is the Supreme
constituted as a board of arbitrators that would exer-
Court which will remove the judges or provide for
cise administrative or quasi-judicial functions. Un-
sanctions on matters of disciphne, why do we have to
fortunately, the same is not involved in the present
wait for that matter to become an administrative case
situation. It was the case of the Supreme Court being
when the element of supervision may prevent the acts
made a board of arbitrators.
of the lower courts from aggravating into an adminis-
I did further researches on this and I also noted the trative case; after all, it is still homespun logic that an
UP draft as well as all the other drafts that we had. ounce of prevention is worth a pound of cure?
In his memorandum to us. Chief Justice Teehankee
did amplify on that situation when he stated that what MR. GUINGONA. Thank you.
appears in the 1973 Constitution wherein supervision May I just make it of record that none of the signers
over the lower courts is with the Supreme Court merely resolution regarding the transfer of
of the proposed
recognized what has been even before a present and administrative supervision from the Supreme Court to
existing power because it is inherent in the Supreme invited to
the Ministry of Justice had, in fact, been
Court as a judicial power. He took note of his ex- their views.
attend and express
perience when he was Secretary of Justice which depart-
ment at that time was in charge of the supervision over
MR. CONCEPCION. Mr. Presiding Officer, I have to
courts. He also noted the opinions of such legal and
protest against that statement. They have been
invited
constitutional stalwarts like the late Chief Justice
Ricardo Paras, Senators Claro M. Recto, Vicente J. but they did not show up.
Francisco, Quin tin Paredes, Lorenzo Tanada, and our
colleague. Commissioner Ambrosio Padilla, who are MR. GUINGONA. I am sorry, Mr. Presiding Officer.
livinglegends in their own time. He came up with the
statement that the position of the Secretary of Justice MR. CONCEPCION. My secretary personally called
six or
in our government then as supervising the lower courts
up the Office of the Minister of Justice about
has no counterpart in the United States or in Europe seven times, and each time found reason
why he could
where the chief function of the head of the department him. We have
not come. We did not merely write to
of justice is merely to act as a chief legal adviser of the Shari’a courts in
written even to the judges of the
government or to supervise the public prosecutors. Mindanao.
He also pointed to the fact that contrary to the im-
pressions in some quarters, the Supreme Court is not appreciate that, Mr. Presiding
MR. GUINGONA. I
unnecessarily burdened with administrative problems
Officer.
affecting infêrior courts and personnel because the main
bulk of these problems is handled by the Office of the
MR. CONCEPCION. But I object to the Gentleman’s
Court Administrator. He cited statistics on the setup of
statement that none of those in favor had been invited.
the Supreme Court and others which, if necessary, I
will get into.

was referring to t^he pro-
MR. GUINGONA. No, I
The proper cases on this matter are People vs. Gutier- that the Commis-
onents of the proposed resolution
rez, November 26, 1970,* Garcia V5. Macaraig, 1971; earlier,
loner. Regalado, had referred to
Honorable
Osmena, Jr. vs. Secretary of Justice, 1971, wherein the did not clarify.
am sorry; perhaps, I
Supreme Court said that the practice of having the
Minister of Justice supervise the lower courts is of am sorry, too.
MR. CONCEPCION. It is all right; I
doubtful constitutionality. That is also reiterated in
the book of Commissioner Bernas and in the book of from
now Justice Isagani Cruz. The position here of the MR. REGALADO. May add further that aside
I
Concepcion, an asi
Supreme Court is that supervision will not necessarily le invitations sent by Justice
committee secre y,
unburden the Supreme Court. Aside from the fact *om the telephone calls of our
Garcia wno
that there is the court administrator, we have now also also talked with Commissioner Josefina
is presently with Minister Gonzales, and through her I MS. AQUINO. How does this section contemplate
sent a personal invitation, even a position paper. Un- the power to abolish courts? May the legislature enact
fortunately, we never received a response. a statute declaring an existing judicial position vacant?
MR. GUINGONA. I have no quarrel about that. I do MR. CONCEPCION. What section is this?
believe the Gentleman invited the Minister many times.
I was not referring to the Minister.
MS. AQUINO. With regard to the same section,
May I also make of record that it is my view that the Mr. Presiding Officer, how does this contemplate the
case cited by the honorable Commissioner, which is power of the National Assembly to abolish the court?
Manila Electric Company vs. Pasay Transportation, is,
in fact, a reiteration of the provision contained here MR. CONCEPCION. This is part of the 1973 Consti-
except that insofar as that case was concerned, it tution.
referred only to the Supreme Court and not to the
lower courts. But when it spoke of board of arbitrators, MS. AQUINO. As to Section 1 ,
how does this portion
it was speaking of an agency or an office that was treat the matter of political questions or nonjusticiable
exercising administrative function. Since we are talking controversies?
about administrative supervision, there is no question
that administrative supervision is also an administrative
MR. CONCEPCION. That is a very nice question.
function.
I had occasion to explain at the beginning of my
The question, Mr. Presiding Officer, is in con-
last
remarks yesterday that the committee members were
nection with the testimony of Chief Justice Teehankee.
worried about the inaction of the Supreme Court
I wonder if the 24-month period was suggested by the
over some of the most important cases, both from the
honorable Chief Justice or was set by the Committee.
legal and the national viewpoint, in view of the allega-
If it had been set by the Committee, has there been a
tion that the issue before them was a political question.
reaction from the Chief Justice, a reaction in the sense
The Committee found it necessary to define “judicial
that he concurred with the 24-month allotment, that
power” and “political question.” There were a number
they can finish both the prospective cases and the back
of decisions in the past endeavoring to define “political
cases in reasonable time?
question.” Yet, while they did not seem to be sufficient-
ly effective, if I may use this expression, upon the
MR. ROMULO. No, he concurred that they could
courts, there was still something hazy and the matter
work on the new cases but not the old cases. We pre-
of political question came up from time to time. Since
cisely asked him how many months he
thought they it was rather risky to define a political question, the
would need because this would now be mandatory.
Committee felt it would be best to say that certain
MR. GUINGONA. questions were not political. That is what appears in

I thank the Commissioner. Thank
the second part of the second paragraph — “. To de-
you, Mr. Presiding Officer. . .
termine whether or not there has been a great abuse of

MR. RAMA. Mr. discretion amounting to lack of or excess jurisdiction
Presiding Officer. 55
THE PRESIDING OFFICER (Mr. Sarmiento). The

MS. AQUINO. Thank you for the explanation.
I appreciate the intention of the Committee in
MR. RAMA. I ask that Commissioner Aquino be addressing that problem because for a while I was labor-
recognized. ing under the impression that the Committee may have
confused the distinction between “jurisdiction” and
THE PRESIDING OFFICER (Mr. Sarmiento). The “judicial power” in this proposal.
Honorable Aquino is recognized.
MR. CONCEPCION. No, the Commissioner will
MS. AQUINO. Mr. Presiding Officer, may I refer the notice that the paragraph begins with the statement:
Commissioner to Section 2 on the power of the National “Judicial power includes the duty of courts of justice
Assembly to define, prescribe and apportion the juris- to settle actual controversies involving rights which are
diction of the various courts. Does the Gentleman con- legally demandable or enforceable. .” That is judicial
.
template giving to the National Assembly, likewise, the power per se, but in a number of cases the court
power to add to the jurisdiction of the Supreme Court? declared that it has no such power because the questions
raised were political in nature. Now we
are saying that
MR. CONCEPCION. This Section 2 was part of questions involving jurisdiction or abuse in its exercise
Section 1 of the 1973 Constitution. Therefore, we did are nonpolitical but justiciable cases.
not intend to give or withdraw from the National
Assembly any of these powers. MS. AQUINO. Thank you.
.
May I draw the Gentleman’s attention to subpara- MS. AQUINO. But in the ultimate analysis, the effect
graph (2) of Section 3 and its effects. There is, of course, of this provision is to vest inthe two branches of the
a growing tendency among governments to accumulate government the power to provide for the rules in the
more and more power on the pretext of general welfare, enforcement of constitutional rights and the conduct
and that kind of a tendency is practically irresistible. of the Bar, etc. I was thinking whether it would not be
My apprehension is in Section 3 (2). Under this rule, more proper and more appropriate to confine the
all that the Executive or the National Assembly needs powers of the legislature to just confirmation, meaning,
for the confirmation of its acts would be a small num- the Supreme Court has rightfully the power to initiate
ber, considering that the requirement to strike down the rules, and to the legislature the power to confirm
a law as unconstitutional is a majority plus one. Of these.
course, we appreciate the committee report being
already a radical departure from the 1973 Constitution MR. CONCEPCION. Perhaps if the Commissioner
which requires a vote of 10. This made it very difficult will read the provision in the Constitution, the rule-
for the Supreme Court to correct the errors of an execu- making power of the Supreme Court would be subject
tive or legislative action. Conformably, with the intent to revocation, alteration and modification by the legis-
of the principle of checks and balances, would it not be lature, but the members of the Committee felt that the
more apt to just limit the required number to a majority members of the legislature should not govern the inter-
vote instead of a majority plus one? nal operation of the court.
Second, the legislature cannot claim to know better

MR. CONCEPCION. That was the original plan of the than the court itself — its internal problems and how to
solve them. But it will be noticed that we did
not re-
Committee, but there were other members who felt that
quire concurrence only; we require advice. In other
that was too much. As usual, the Committee had to
yield to some of its members to find a middle ground on words, there should be consultation.
which there could be a consensus.
MS. AQUINO. I agree perfectly with the Commis-
sioner. If that was the intention, would it not
have been
MS. AQUINO. It is my sense that the function of the
to vest in the legislature
judiciary to protect individual rights, that it should
is more appropriate, therefore,
reserve to
not be some kind of an arsenal for the exercise of the just the power of confirmation? When we
revoke, t e
legislative or the executive power. That was why I the legislature the power to repeal and to
that the legislature is more
supenor
thought it might be best to limit it to just a majority ultimate effect is
vote. to the judiciary.
MR. CONCEPCION. May I refer the matter to Com-

MR. CONCEPCION. That is a good observation,
the Commissioner will go over Section 7(5), missioner Regalado?
but if
she will notice that this portion says: “Promulgate rules Presiding Officer.
concerning the protection and enforcement of constitu-
MR. REGALADO. Thank you, Mr.
” Note also that this is the first part of We envisioned the situation
where
tional rights actually
. .
the paragraph. This was introduced upon the request Supreme Court and the legislature, working han m
subject to the concur
of Commissioner Azcuna in order to stress that constitu- hand, can individually initiate,
oj
tional rights are not merely declaratory but are also rence of the other, the revisions of the Rules a
nature of law and
enforceable. That is why this phrase which did not The Rules of Court partakes of the
appear in the 1 973 Constitution is an innovation. has the effect of a law.
cannot
Therefore, say that the legislature
if we
provisi
MS. AQUINO. thank Commissioner Concepcion
I will it not be contrary to the constitutional
for calling my attention to that portion, but in the same against irrepealability of laws?
section, even as the Supreme Court is given the power
to initiate to the legislature, in effect, it is reserved the MS. AQUINO. It was not really much of a clarifi-
power to repeal. cation. Thank you anyway.
sponsor to
MR. CONCEPCION. But “with the advice and con- May the attention of the honorable
I call
- Section 14 (3) which provides for the issuance
o
currence of the Supreme Court” that is another inno-
months sha ave
vation. certification when the period of 24
lapsed. What the effect of this?
is
Is this
act^withm
or directory? If the court is unable to
MS. AQUINO. That is noteworthy because it is by
departure from the 1973 Consti- months, does it lose jurisdiction over the case
itself already a radical
are
tution. MR. CONCEPCION. No, but these certifications
or
required to facilitate the impeachment of the ju
provide ocu
MR. CONCEPCION. That is definitely substantial. justices concerned because they would
.
mentary evidence signed by them showing that they MR. LERUM. Under the 1973 Constitution which
have knowingly failed to comply with the Constitution. provides for 1 5 justices, cases have accumulated to such
By the presentation of the document, the burden would an extent that the said court was even unable to comply
fall upon the judge concerned. with the requirement that cases should be decided
within 1 8 months. However, under the proposed amend-
MS. AQUINO. Thank you. ment, this number is being reduced to 11. May we
know the reason for the reduction?
MR. CONCEPCION. The Commissioner will note that,
in addition to thisand before this certification, there is
MR. CONCEPCION. In the first place, the member-
another certification required upon submission of the
ship of 15 provided in the 1973 Constitution did not
case for decision.
help increase the output of the Supreme Court. On
So, these are warnings that are given to the judges, the other hand, in many respects, it was a deterrent
who, if they are really lawyers, should understand the to the speedy disposition of cases. Of course, one other
implications of the warning — that the Constitution ex- factor is the economy, I mean, the cost of operating
tends all possible facilities to make it possible for them a court. Then, too, it is easier for the 1 1 to reach a con-
to discharge their duties, and if they fail to do so, they sensus than the 15. At any rate, the court in the past
are required to put on record a number of things which seldom had a full complement of 1 5 justices — the usual
furnish evidence of their violation of the Constitution. thing has been a court of 1 1 or 1 2. And considering the
These measures cannot leave any doubt as to the man- number of votes required for certain matters, that consti-
datory nature of the period prescribed. tuted a further deterrent to the speedy disposition of
cases.
MS. AQUINO. Finally, on the matter of exemption
from tax of the salary of justices, does this not violate MR. LERUM. We realize that, Mr. Presiding Officer,
the principle of the uniformity of taxation and the
but think the cure for this is to put into this Constitu-
I
principle of equal protection of the law? After all,
tion a provision that vacancies in the Supreme Court must
tax is levied not on the salary but on the combined
be filled within one month or two months because that
income, such that when the judge receives a salary
is one way of ensuring a full complement of 1 5. Does
the
and it is comingled with the other income, we tax the
income, not the salary. Why do we have to give special
Commissioner not think that that is the more reasonable
action to be taken in this regard?
privileges to the salary of justices?
MR. CONCEPCION. MR. CONCEPCION. As I mentioned, 15 is more un-

the independence of the
It is
Judiciary. We prohibit the increase or decrease of wieldy than 1 1
their
salary during their term. This is an indirect way
of
decreasing their salary and affecting the independence MR. LERUM. We realize that also, but will 1 5 people
of the judges. studying all the cases appealed to the Supreme Court
not produce more than the 1 1?
MS. AQUINO. I appreciate that to be in the nature
of a clause to respect tenure, but the special privilege Theoretically, yes, but it
all
MR. CONCEPCION.
on taxation might, in effect, be a violation of the prin- depends also upon who are appointed to the Supreme
ciple of uniformity in taxation and the equal protection Court.
clause.
Thank you, Mr. Presiding Officer. MR. LERUM. We have a new President and
new
Commissioner not think that
appointees now. Does the
MR. RAMA. Mr. Presiding Officer. by adding some more to these people already appointed,
their output will be more?
Floor Leader is recognized. MR. CONCEPCION. The President barely knows the
appointees, I mean, their professional performance and
MR. RAMA. I ask that Commissioner Lerum be potentialities. I will tell of one case: There was a justice
recognized for the clarificatory question. in the Supreme Court who went on sick leave for two
months. Then he returned to the Philippines. At the end
THE PRESIDING OFFICER (Mr. Sarmiento). Com- of the year, he had disposed of more cases than those
missioner Lerum is recognized. who worked with the Supreme Court for 12 months.
The problem really is in the selection of the best men.
MR. LERUM. Will the distinguished sponsor answer It is just like most everything, I suppose.
Every young
man tries to marry the best woman but very often, what
just one or two questions?
he thought the best was the worst. This is part of the
MR. CONCEPCION. With pleasure. imperfections of human beings, I suppose.
MR. LERUM. 1 come

to another point regarding
will the lower courts prior to the effectivity of this Constitu-
the amendment which provides that all cases filed after tuion.
the approval of the Constitution shall be decided within One must reckon with human limitations. If we
24 months. I am worried about what is going to happen impose a mandatory period for both the old and the
to these pending cases Supreme Court because
in the
new, we will end up with neither the old nor the new
with that provision, the members of the Supreme Court being decided in time.
will devote their time to the new cases being filed and
neglect the cases that should have been decided by them MR. RAMA. Mr. Presiding Officer.
within 1 8 months as provided by the present Constitu-
tion.
At this juncture, the Presiding Officer relinquished
Does the Commissioner not think that this is unfair
the Chair to the Honorable Jose E. Suarez.
to the litigants with cases pending with the Supreme
Court?
THE PRESIDING OFFICER (Mr. Suarez). The Floor
Leader is recognized.
MR. CONCEPCION. have explained to Commis-
I
sioner Aquino that there is a paragraph or section re-

quiring the Supreme Court to adopt a system whereby MR. RAMA. I ask that Commissioner de Castro be
the backlog can be gradually reduced. I stated that I recognized.
suppose all judges, including justices, if they have an

THE PRESIDING OFFICER (Mr. Suarez). Commis-
output of, let us say, five cases a month, could easily
sioner de Castro is recognized.
make six cases a month — just one addition, one of the
old pending.
MR. DE CASTRO. Thank you, Mr. Presiding Officer.
There is another reason why we modified the pro-
vision of the Constitution. Under the old Constitution,
The honorable sponsor was my professor in Constitu-
tional Law (Laughter) in the graduate school. And if
upon the expiration of the period prescribed, in a . . .
ever I ask a few questions or make some

suggestions, it
number of cases the decision appealed from would be his professor or
is in the spirit of a student asking
considered affirmed and in other cases the petition
would be denied. Private practitioners consider this suggesting to his professor.
the
unfair. Why, they say, should our client suffer for the Honorable sponsor, upon my retirement in
Chairman of
inaction of the court? So we would want our cases just Armed Forces in 1 964 and from being the
the Police Commission in 1973, I began my
the same to be decided. practice of
law. Since then and up to 1986, I have
had some horri-
Likewise, we have adopted certain measures whereby
fying experiences with our judges and our courts.
we indicate that disciplinary action the form of in
questions
impeachment insofar as the members of the Supreme Section 14 on p 3ge 6 has been the center of
whole morning today. I will not
Court are concerned, and disciplinary action by the since yesterday and the
Supreme Court over lower courts will be taken. In other add anymore to the many comments made by my
Commission, but would like only to
words, wesay, “This is not biro-biro, this is totohanan. comembers in the I
the notice
We go after your head. We have given you certain
will inform the honorable sponsor that if he sees
particularly of the regional
facilities but do not abuse them. You begin a new of hearings of lower courts,
trial courts, it is always
slate.” So that is it. trial courts and the municipal
for 8:30 in the morning. And as my
usual practice, i
be ate y
MR. LERUM. I have asked these questions because I would prefer to be ahead thirty minutes than
am intending to present an amendment so that there arrive at about 8: 10 or 8:2U
one minute. So, I normally
up as best as I
will be no discrimination between the old and the new hurrying up my breakfast and dressing
cases. can to be present at the court ahead of time.
the judge
Thank you. Normally, I would be very thankful if
Usually, it is at ten
would appear at nine o’clock.
not appear at all an
MR. ROMULO. May Iwhy 1 1 may be more
just ask o’clock, and sometimes he would
clerk of court that all cases
effective than 15. It must be remembered that this is a just send word through his
at Oftentimes, e
are postponed, for no reason
all.
collegial court and, therefore, decisions must be arrived
when one counsel
at by a majority. As our experience in this Commission would appear at ten o’clock and
'^Jjhout the
validates, it is easier for us to agree in the Committee would ask for postponement, it was granted
So, I a een
than in the Commission as a whole because there are judge asking for any good reason at all.
hours only to in ou
more ideas that have to be put in. As to the second left there waiting for him for two
point, let me read our suggested provision; that the hearing was cancelled.
wonder
The Supreme Court shall adopt for itself and the lower With so many cases pending in court, I really
how our judges and our courts — the lower
cour s,
courts a systematic plan to expedite the decision or resolu-
tion of the cases or matters filed with the Supreme Court or particularly — can litigate these cases.
So, I will request the honorable sponsor to write and At this juncture, the Presiding Officer relinquished
inform the honorable Chief Justice on this matter. I was the Chair to the Honorable Renato V. Sarmiento.
trying to find out when Chief Justice Teehankee would
appear before the Committee because I would like to MR. CONCEPCION. So, the Commissioner suggest
air this problem to him. that instead of the word “allowance,” it be ACTUAL
filed a motion for preliminary mandatory injunction
I
EXPENSES INCURRED. I do not know if the Commit-
tee would consider that matter favorably.
in one case and urged in a written motion for immediate
resolution of the case. I approached the judge and
reminded him about it but it took him one-and-a-half
MR. DE CASTRO. think the Committee will con-
I
sider that because during the past regime a Cabinet

years to decide that motion.
member was receiving as much as PI 00,000 in allow-
This is just for the information of the honorable ances only. I think that was the reason the Honorable
Chairman. As I said, I have been in the practice for only Davide filed that motion which we took as a very good
12 years; I do not know about the experience of the one. On page 4, subsection 3 states:
other practitioners. If the honorable Chairman of the
Assign temporarily judges of lower courts to other
Judiciary Committee can bring this matter to the at-
stations as public interest may require. Such temporary
tention of the honorable Chief Justice, perhaps it may assignment shall not last longer than six months without
resolve pending cases much
There was a judge
faster.
the consent of the judge concerned.
whose neck I nearly grabbed because he would not issue
an order for attachment unless there was PI, 000 under- I have a case under a judge who comes from Cavite
neath the table. When the PI, 000 was put under the assigned in the Regional Trial Court of Binan. While our
papers of the case, in one minute the order for pre- case was under pretrial, his six months’ assignment had
liminary attachment was signed. elapsed and he waited for his order for reassignment.
Until now, I have not heard about my case which has
This is with regard to Section 6 (4) on page 3 which
been under pretrial since October 1 985. I really wonder
says:
how long a pretrial case could last, if we have this sys-
The regular members of the Council shall receive such tem of assignment of judges every six months by the
emoluments, and the ex-officio members shall receive such Supreme Court. I suggest that we assign a permanent
allowances, as may be determined by the Supreme Court. hope this
judge who could handle voluminous cases. I
Wehave in the general provisions a prohibition on matter could be remedied.

double compensation. I think this was filed by the Subsection 5, lines 22 to 24, states:
honorable Commissioner Davide. Allowances are con-
sidered double compensation in our general provisions.
XXX Rules of Procedure of special courts and quasi-judicial
I think this subsection 4 needs a
reconciliation by the bodies shall take effect upon approval by the Supreme
Committee on Style. Court.
MR. ROMULO. That is a good point. Precisely, we We resolved in the Committee on Constitutional
are taking that into account. So, whatever
the Commis- Commissions and Agencies that quasi-judicial bodies,
sioner decides in the General Provisions, we
will abide such as the Civil Service Commission, the Commission
by it. It is a present concept that allowances are
not on Audit and the Commission on Elections, shall decide
considered double compensation. But if the new their cases within 60 days based on the rules they
Consti-
tution considers allowances double compensation,
we submit to the Supreme Court for approval. I really
will delete this provision. wonder how the Supreme Court can immediately ap-
prove or disapprove such rules. I presume that the
MR. DE CASTRO. Thank you. reason for this is to give administrative due process to
whoever the respondent is, and these quasi-judicial
MR. ROMULO. Thank you. bodies are ever aware of administrative due process on
the cases they handle. I really wonder if this could be
MR. CONCEPCION. There is another reason, which is, made in the reverse such that the rules and procedures
that those assigned to a Judicial and Bar Council will promulgated by quasi-judicial bodies should take effect
have their hands full for years and there is no end to it. until repealed, revised or amended by the Supreme
So at least they are entitled to transportation expenses. Court. If we wait for the approval of the rules by the
Even the ex-officio members particularly would have to Supreme Court, just as we have waited for the decisions
spend transportation expenses for the discharge of then- within 24 months on our cases handled by the Supreme
duties. Court under Section 14, I wonder how these quasi-
judicial bodies could terminate their cases within 60
MR. DE CASTRO. Mr. Presiding Officer, in our days as mandated by the Committee.
deliberations, we
did not consider transportation ex- Thank you, Mr. Presiding Officer.
penses an allowance because one asks for reimbursement
for what he spends for his transportation. MR. RAMA. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Sarmiento). The few rich litigants get convicted,Mr. Presiding Officer,
Floor Leader is recognized. because they either pay the victims or their families to
settle the case or pay off the witnesses to silence them.
MR. RAMA. I ask that Commissioner Rustico de los As I said, Mr. Presiding Officer, from my little ex-
Reyes be recognized. perience as a lawyer, it is these 95 percent poor people,
who line up in courts waiting for their cases to be heard,
THE PRESIDING OFFICER (Mr. Sarmiento). The that will be affected by this provision of giving the state
Honorable de los Reyes is recognized. the right to appeal.
In the 1971 Constitutional Convention where the

MR. DE LOS REYES. Will the honorable sponsor and
same question was raised. Delegate Julias had this com-
his cosponsors yield to a few questions? ment which turned the tide and resulted in the disap-
proval of giving the state the right to appeal:
MR. CONCEPCION. Gladly.
There is reason to commend but the reasons against far
outweigh the reasons in favor.
MR. DE LOS REYES. Thank you.
In the first would tend to multiplicity of suits;
place, it
Most of the questions I would have asked were burden of the Supreme Court.
it would increase the
covered by the questions of Commissioner Aquino, so, I
Second, it would be expensive if we meet fiscals who have
just have two points to clarify, Mr. Presiding Officer,
an exaggerated opinion of themselves and who have more
one of which is the right of the state to appeal. As I in their
professional pride or amor propio than gray matter
understand it, this constitutes a radical departure from
heads.
the usual concept of double jeopardy. Once an accused
is acquitted by any court which has jurisdiction over the Let me give an example: Here is a farmer or a poor
case, after arraignment and plea and a trial has been laborer who is lucky because he was acquitted. But his
held, the decision is final and an appeal by the state can- opponent happens to be a millionaire who can afford to
not be entertained for any reason because that will place get a top-notch lawyer to prepare a petition for certiora-
so instead of enjoying his freedom after
haying
the accused in double jeopardy. Therefore, by inserting ri,
he finds
this provision in the committee report, the Committee languished in jail for two years or three years,
himself again exposed to the jeopardy of being con-
on the Judiciary has preempted the right of the Com-
mittee on Citizenship, Bill of Rights, Political Rights victed because of that appeal by the state.
and Obligations and Human Rights to pass upon that that
I have heard the assurances of certain sponsors
general rule
question. If ever an appeal were granted to the state, it he will be set free in the meanwhile. But the
should be on the limited ground of mistrial, which is that while the appeal is pending, the
judgment is not
to
means that there has been no trial at all or that the final and generally the accused would continue
prosecution has been denied due process. But when languish in jail. Assuming he will be set free, the
tempta-
there is complete trial, complete with the appreciation tion to flee on the part of the accused who was found
and presentation of evidence by both the prosecution guilty is very great because he does not know
whether
Court.
and the accused, I do not think the state should be he will be convicted again by the Supreme
allowed to appeal, even on the ground that the judg- Although there is innocent is as bold as
a saying that the
in
ment of acquittal is manifestly against the evidence a lion while the wicked flees, that is not true
convicted by t e
and with grave abuse of discretion amounting to lack or A man who is afraid he might get
we are saying
excess of jurisdiction. The terms ‘‘manifestly against the Supreme Court is tempted to flee. I think
will not and
evidence” and “with grave abuse of discretion” are very that the Supreme Court is infallible, that it
lower cour
flexible, and I think this will work against the poor cannot commit any mistake; that it is the
litigants. I am just a small town lawyer in our province that usuallycommits the mistake.
and Ihave been in practice for 25 years. I consider the
One retired Justice of the Supreme Court told
me
court my second home, the Revised Penal Code and the that the only difference between a lawyer
committing a
Rules of Court my second bibles. I could see that 95 mistake when he cites the Roman Law and the Supreme
percent of these litigants are poor people. They are de- Court committing a mistake is that the lawyer loses
e
tained in the city jail, municipal jail or in the provincial case while the Supreme Court’s mistake becomes
e
jail. They cannot even afford to file
bail bonds. They are Cour
the land, because the Supreme
is
supreme law of
defended by de officio lawyers who sometimes come to supreme even in its errors.
court unprepared; it is good that we now have the
to be
CLAO. If these are the offended parties,
poor people I, therefore, believe, that the mischief sought
due to oc-
does the sponsor believe they could afford to hire a prevented by allowing the state to appeal
acquitting,
good lawyer to prepare them a petition for review on casional mistakes of the lower court in
the mis
certiorari to show the Supreme Court that the decision perhaps, a guilty person is nothing compared to
It wi
was manifestly against the evidence and with grave chief and injustice a poor accused will suffer.
e
abuse of discretion amounting to lack or excess of juris- open the gates to endless appeals. It will clog t
that. Very dockets of the Supreme Court which will be hard put
m
diction? Only the right litigants could afford
determining even preliminarily the existence of a ground MR. ROMULO. We would like Commissioner Padilla
that the decision was manifestly against the evidence to reply for a few minutes.
and with grave abuse of discretion.
Mr. Presiding Officer, why should we discourage MR. RAMA. I ask that Commissioner Padilla be
appeal by the state? The controlling consideration is recognized.
the inequality of the parties in power, situation and
advantage in criminal cases where the government with THE PRESIDING OFFICER (Mr. Sarmiento). The
its unlimited resources, trained detectives, willing of- Honorable Padilla is recognized.
ficers and counsel learned in the law, stood arrayed
against a single defendant unfamiliar with the practice MR. PADILLA. Thank you, Mr. Presiding Officer.
of the courts, unacquainted with their officers or attor- I am not going to talk about the infallibility of the
neys, often without means and frequently too terrified
Supreme Court or the fallibility of a trial judge, because
to make a defense, if he had one, while his character
that does not seem to be very relevant to the legal issues
and his life, liberty or property rested upon the result
involved. Of course, no human institution is perfect or
of the trial.
infallible, but there is greater security or more reason
Here is an accused who, after already suffering for good administration of justice should the Supreme
enough by undergoing a long and rigorous trial while Court give due course to a petition for review on cer-
languishing in jail, gets acquitted. Finally, the state ap- tiorari than the trial judge who, in addition to the many
peals. Not even the most corrupt soul in the Judiciary, circumstances mentioned by Commissioner de Castro,
not even the most corrupt judge in the lower courts, may act with arbitrariness in manifest disregard of the
could be so dismally insensitive as to pronounce the evidence and with grave abuse of discretion amounting
exculpation of a defendant without looking at the to lack or excess of jurisdiction.
proof.
Also, would not want to comment too much on the
I
Here another reason the state should not be granted
is poor litigant, who is assumed by Commissioner de los
appeal. In the case of Greene v. United States, 355 Reyes to be the accused. Perhaps, in comparison with
U.S., 184, 1957, it says: the resources of the state, the accused may be regarded
The underlying idea is that the State, with all its re-
as poor. But oftentimes, it is the victim of the crime, the
sources and powers, should not be allowed to make re-
offended party, who is poor.
peated attempts to convict an individual for an alleged Rule 122, Section 2 of the 1964 Rules of Court
offense, thereby subjecting him to embarrassment, expense
reads:
and ordeal, and compelling him to live in a continuing state
of anxiety and insecurity, as well as enhancing the possi- The People of the Philippines cannot appeal if the
bility that even though innocent, he may be found guilty. defendant would be placed thereby in double jeopardy. In
aU other cases, either party may appeal from a final judg-
I hope with these observations the sponsor will judgment
ment or ruling, or from an order made after af-
reconsider his proposal to allow the state to appeal.
fecting the substantial rights of the appellant.
Thank you.
The present rule. Rule 122, Section 2 of the 1985
Rules on Criminal Procedure, is more simple: Any party
MR. CONCEPCION. I refer the matter to Commis- may appeal from a final judgment or order except if the
sioner Padilla.
accused would be placed thereby to double jeopardy.
MR. RAMA. Mr. Presiding Officer. In a decision rendered by the Supreme Court under the
present law. People vs. Veridiano, 113, SCR A, 64, the
THE PRESIDING OFFICER (Mr. Sarmiento). respondent judge reversed the city court’s judgment of
The
honorable Floor Leader is recognized. conviction acquitting Mr. Veridiano on the ground that
his liability to the complainant was purely civil in nature
MR. RAMA. I ask that Commissioner Ople be recog- and directed him to comply with the civil obligation to
nized. return to the complaining witness the sum of P6,000.
The fiscal appealed the decision directly to the Supreme
THE PRESIDING OFFICER (Mr. Sarmiento). The Court. He was required to file the appropriate petition
Honorable Ople is recognized. under RA 5440, a 1968 law not known to some judges
and lawyers up to this time which superseded Rule 42
MR. ROMULO. Does Commissioner de los Reyes not and Rule 1 22 ( 1 ) of the Rules of Court in the sense that
want a reply from the Committee? an appeal to the Supreme Court on a question of law is
no longer a matter of right.
MR. DE LOS REYES. I took a seat because I have no The Supreme Court has the discretion to give due
more questions to ask. The Committee may reply, if it
course to the appeal or to deny it outright. That is one
so desires. remedy to prevent the clogging of the dockets of this
Thank you. court. We hold that the judgment of acquittal rendered
by the Court of void for lack of ap-

First Instance is an appeal by petition for review on certiorari based on
pellate jurisdiction, So even under
corum non judice. the ground already in the record of the same case with-
our present law, an appeal may be had by the state or out further a new trial proceeding. When the judge who
by the fiscal when the trial court or the lower court — rendered a judgment of acquittal or dismissal has dis-
whether acting in appellate or original jurisdiction — has regarded manifestly the evidence on record, his conduct
no jurisdiction. When there is a question of error of is with grave abuse of discretion amounting to lack or
remedy is by certiorari, as distinguished

jurisdiction, the excess of jurisdiction.
from an error of judgment which is not covered by It may be said that the opinion of Justice Holmes was
petitions for certiorari. a dissenting view in the Kepner case. That dissenting
In the case of the United States v. Kepner, a Philip- opinion has become the majority opinion by the de-
pine case (1 1 Phil. 669) that reached the U.S. Federal cision penned by Justice Cardoso in Palko v. Connec-
Supreme Court (195 U.S. 100), Justice Holmes, in his ticut, 302, U.S. 310 which involved the following de-
dissenting opinion, stated: cision:
It seems to me that, logically and rationally, a man

A statute of Connecticut permitting appeals in criminal
cases to be taken by the State is challenged by appellants as
cannot be said to be more than once in jeopardy in the
an infringement of the 14th amendment of the Constitu-
same case however often, he may be tried. The jeopardy
tion of the United States.
is one continuing jeopardy from its beginning to the end of
the cause. One may be accused of manslaughter that is the The argument was that the effect of the new trial was
equivalent of homicide, and yet, if the victim dies, he may to place the accused twice in jeopardy for the same of-
be prosecuted and convicted for murder. fense and in so doing violated the 14th amendment of
the Constitution of the United States. In this decision,
This remark or observation of Justice Holmes is
after the principle of double jeopardy, it
discussing
embodied in Rule 117, Section 7 on “Former Convic-
tion or Acquittal, Double Jeopardy,” which added made express reference to the United States v. Kepner
under “However,” new provisions; paragraphs a, b and case in 1904 by a closely divided court. Justice Cardoso
said, and I quote:
c. These new provisions of the 1985 Rules on Criminal
Procedure read: XXX Dissenting opinions show how much was to be said
in favor of a different ruling. Right-minded men, as we
However, the conviction of the accused shall not be a bar to mistaken-
learn from those opinions, could reasonably, even
another prosecution or an offense which necessarily in- prosecutions
ly, believe that a second trial was lawful in
cludes the offense charged in the former complaint or the same
subject to the Fifth Amendment, if it was all in
information under any of the following instances:
case. Even more could reason-
plainly, right-minded men
(a) The graver offense developed due to intervening facts
were not
ably believe that in espousing that conclusion they
arising from the same act or omission constituting the
favoring a practice repugnant to the conscience of
mankind.
former charge . . .
jeo-
Is double jeopardy in such circumstances, if double
An example is this where the victim
paragraph (a) pardy it must be called, a denial of due process forbidden
suffered serious physical injuries and the accused to the State?
pleaded guilty and was convicted. But thereafter, the Consti-
After discussing other basic principles of the
victim died and there was a judicial proceeding, not for or not to
tution, like the right against self-incrimination
the lesser offense or serious physical injuries but for the of peaceful assem-
be a witness against oneself, the right
graver offense of homicide. There are other exceptions Constitution, the
bly, the immunities granted in the
acknowledged by the Supreme Court in the 1985 Rules immunity from compulsory self-incrimination, and
t e
on Criminal Procedure, and quote: decision in said case

I
principle of due process of law, the
of Palko V. Connecticut through Justice Cardoso
states.
(b) The facts constituting the graver charge became
known or were discovered only after the filing of the ind I quote:
not attempting to wear out the accused by
formal complaint or information. Or, a
The state is
The plea of guilt to the lesser offense was made It asks no
(c) multitude of cases with accumulated trials.
without the consent of the fiscal and of the offended party. more than this, that the case against him shall go on until
substantial
Mr. Presiding Officer, the opinion of Justice Holmes there shall be a trial free from the corrosion of
A. 23 This is
legal error. State v. Felch, 92 Vt. 477, 105
. . .
in the Kepner case says: “The Constitution permits a

not cruelty nor even vexation in any immoderate
second trial in the same case. The reason, I submit, is at all,
adverse to
that there can be but one jeopardy in one case.” Then had been infected with error
degree. If the trial
his instance,
he concludes: the accused, there might have been a review at
as necessary to purge the vicious
taint. A
and as often
A second trial in the same case must be regarded as only
the discretion o
reciprocal privilege, subject at all times to
a continuation of the jeopardy which began with the trial
137
the presiding judge V. Carabetta, 106 Conn, 114,
below. no
to the state. There is here
A, 394), has now been granted
in its
Mr. Presiding Officer, the opinion of Justice Holmes seismic innovation. The edifice of justice stands,
even speaks of a new trial, but the proposal is limited to symmetry, to many, greater than before.
Madam President, when a case is submitted to the So, in the light of the abuse, Mr. Presiding Officer,
judgment of a trial judge, we should, perhaps, presume the question is: Would an appeal by petition for review
that that judgment is in accordance with the evidence on certiorari constitute double jeopardy? Double
and the law. But there are instances — I hope, few jeopardy really means a separate, a new proceeding. In
and rare instances — when a trial judge does not act other words, based on the same fact, Mr. Veridiano has
as an impartial judge for good administration of justice been prosecuted and another trial or another case is
for even when the evidence is overwhelming to prove filed to prosecute the same accused for the same act and
beyond reasonable doubt the guilt of the accused, he for the same offense. That is the essence of double
arbitrarily acquit the accused for some extraneous jeopardy. But as stated by Justice Holmes, even an
reasons other than the merits of the case, perhaps, appeal is not a separate trial. It is a continuation of the
through bribery, superior order, under influence of same case. And in the cases that I quoted, especially the
others or for whatever reason. Sometimes, the decision case of Palko v. Connecticut, which contemplated not
appraises the evidence that will lead to no other con- only a new trial, a separate trial, but even an ordinary
clusion but guilt, and yet, in violation of all the premises appeal, our proposal is very restrictive in the sense that
in the decision; the conclusion is acquittal or dismissal. it does not justify a new trial, much less, a separate trial.
Now, the proposed appeal is only in the discretion of And then, it is not a matter of right but of discretion of
the Supreme Court and only by a petition for review on the Supreme Court and the Supreme Court has juris-
certiorari and only on the ground that, as stated, is diction over all cases involving the jurisdiction of the
manifestly against the evidence and with grave abuse of courts.
discretion amounting to lack or excess of jurisdiction.
This proposal will lead to a good and sound administra-
tion of justice. This will also serve as a deterrent against
few corrupt judges who, in derogation of all principles MR. DE LOS REYES. Mr. Presiding Officer, may I
of reason and justice, will simply come to the con- make a short rejoinder to Commissioner Padilla’s com-
clusion that the accused is acquitted even contrary to ment?
the evidence presented. And invariably, the acquittal is
with such grave abuse of discretion that it amounts to MR. RAMA. Mr. Presiding Officer.
lack or excess of jurisdiction.
Mr. Presiding Officer, in the course of a criminal trial

where both parties are given the opportunity to present
their evidence, and the judge decides to acquit
the
accused, even if the judge is mistaken, but honestly, MR. RAMA. A reservation was made by Commis-
probably the fiscal or the offended party should not be sioner Ople to speak en contra and he is the last speaker.
allowed to disturb judgment of acquittal. But when such With respect to the request of Commissioner Rustico de
judgment of acquittal is deliberate due to corruption, los Reyes, I am registering him under the period of
then the state and/or the offended party should be ex- amendments. He will have all his time there.
tended some relief. There may be diversity of opinions
whether a particular judgment of acquittal is justice to THE PRESIDING OFFICER (Mr. Sarmiento). The
the accused or an injustice to the offended party. This Honorable Ople is recognized.
provision does not allow the state nor the offended
party an absolute right to appeal. There must be a peti-
MR. OPLE. May one minute of my time to
I yield
tion for review on certiorari based on the grounds my colleague. Commissioner Rustico de los Reyes, if
mentioned that are very restrictive. Such a petition may that will be allowed by the Chair.
even be dismissed outright in the discretion of the
Supreme Court. But there must be an avenue for the
correct and sound administration of justice. Many of us
Honorable de los Reyes is recognized to speak for one
always talk of the accused and we never remember the
minute.
mention of the crime, the complainant, and the of-
fended party. The complainant is entitled to justice as
much as the accused. And to say that the offended
MR. DE LOS REYES. Thank you, Mr. Presiding
Officer.
party is rich and the accused is poor, I feel that the
situation is just the reverse. Oftentimes, those who com- The by Commissioner Padilla, with all due
case cited
mit crimes, those who disobey the Ten Commandments respect, I think, would not be a case in point. He cited
and of good conscience in society are
violate the tenets a case where an accused is charged with a complaint for
the rich, the powerful, the influential, and the victims frustrated homicide and later on, the victim died.
are the poor, the underprivileged, the oppressed. That is Naturally, the information had to be amended to homi-
the real situation. We cannot overlook it and claim in cide and the Supreme Court held that there was no
general terms that this proposal will only benefit the double jeopardy there because an intervening factor
accused who are poor. came about.
In all the other cases cited by Commissioner Padilla, There is an appropriation power built in this Article,
including those American cases, there was supposed to Mr. Presiding Officer, an appropriation authority being
be some sort of a mistrial where the state was not af- exclusively reserved by the Constitution without provid-
forded the opportunity to present its evidence coming the same power to the legislature. It says that two
pletely.But in a case, as contemplated in this provision, percent of the national budget is automatically appro-
where there was a plea, where there was a presentation priated for the Judiciary. I understand the budget for
of evidence by both parties, and the court, after ap- this year is PI 16 billion. Two percent of that would be
preciating the evidence, reached the conclusion that the equivalent to P2.3 billion, if my instant calculation is
accused was not guilty, that principle cited by Commis- correct, versus the budget of the Judiciary for 1986 — if
sioner Padilla does not apply. And that is upheld in the I am not mistaken, about P600 million. And, there-
it is
case of People vs. Montemayor, 26 SCRA 687, where the fore, under Supreme Court
this provision, certainly, the
Supreme Court reaffirmed the doctrine that this consti- and the lower courts will be getting more than 1 00 per-
tutional guaranteean insuperable obstacle to the state
is cent increase in their budget at a time when all the
appealing from a judgment of acquittal. That is the teachers and employees of the government would like
latest decision on the matter. to join marches and rallies. Some of them have actually
declared strikes in order to alleviate or to mitigate then-
I yield now to Commissioner Ople.
own plight.
THE PRESIDING OFFICER (Mr. Sarmiento). The Also, this Article, of course, seeks to perpetuate a
Honorable Ople is recognized. situation where the Supreme Court administers the
courts, instead of the executive branch. I think there is a
MR. OPLE. Thank you very much, Mr. Presiding Of- tendency to equate judicial independence with certain
ficer. immunities and privileges for the courts to such a degree
I have no legal erudition to contribute to this debate
and a quantum as to raise a real question of equity and
justice for employees of the government in general.
which is, I think, getting to be an exclusive dialogue of
lawyers in the Constitutional Commission, and it is And, of course, also disturbed by a proposed
I am
always with trepidation that laymen like myself cross provision according to which the Chief Justice shall
this threshold of the arcane domain of the men of the address the National Assembly at the opening of its
bench and the Bar. regular session, which is just a formality But, I think, in .
effect, it also elevates the courts to the same pre-

Mr. Presiding Officer, I thought I would like to look Executive of
eminence and majesty as that of the Chief
at this Article on the Judiciary from a macro view and the
the Republic of the Philippines since historically
lateron would like to proceed to specific provisions. I Assembly the occasion for
opening of the National is
would like to raise questions of general equity for the government to deliver a
the head of state or head of
government. I must confess 1 am disturbed by the pro- Chief
state-of-the-nation address. I am not against the
pensity throughout this Article in its various provisions perhaps,
Justice addressing the National Assembly, but,
to accord the Supreme Court, the lower courts and the second day or any
we can allow him to do so on the
judicial system as a whole, a whole plethora of privileges
other day, not on the first day.
and immunities that are denied the rest of the govern-
ment of the Republic of the Philippines. There is a bold spoke of certain legislative
Mr. Presiding Officer, I
assumption of executive and legislative powers in this powers assumed here. And, earlier. Commissioner
Aquino has adverted to that and stated that my
proposed Article. objec-
think must be
tion is on a different ground from her.
I it
Ofcourse, we share deeply the concern expressed by
be exer-
the sponsor. Commissioner Roberto Concepcion, for understood that the legislative power should
in which
whom we have the highest respect, to surround the cised the legislature even if there is a sense
by
the autonomy
the Supreme Court may be accorded
all
Supreme Court and the judicial system as a whole with
that it desires for formulating rules that
have to do with
a whole armor of defenses against the executive and
their own function; that the advice and
concurrence of
legislative invasion of their independence. But in so
before the
doing, some of the citizens outside, especially the the Supreme Court is stated as a requirement
National Assembly can exercise its own
law-making
humble government employees, might say that in try-
power. I think this is a real
diminution of the legislative
ing to erect a bastion of justice, we might end up with a
fortress of privilege, an island of extraterritoriality power that should remain unimpaired.
under the Republic of the Philippines, because a good And, again, in Section 2 of the proposed Article, the
number of powers and rights accorded to the Judiciary legislature is from exercising its authority to
restrained
of
here may not be enjoyed in the remotest degree by reorganize the government where the security
think we should
other employees of the government. of the Judiciary might be impaired. I
exercise of legis-
is the exemption from income tax, which
An example dissociate security of tenure from the
guarantee tor
is a kind of economic immunity, which is, of course, lative power. There must be a strong
security of tenure, but not put in such a
way as
denied to the entire executive department and the consider
the hands of the lawmaking power in what I
legislature.
a very inappropriate intrusion into the field of law- Judiciary that the Judiciary’s fate is considerably
making. dependent upon the politician.
So, these are some of what

I said earlier would be a
macroapproach proposed Article on the Judicia-

to the MR. OPLE. I thank the Presiding Officer and the
ry. And having said that, I just would like to pose two sponsor.
or three questions to the sponsor, if he will yield. In that respect, I consider it a great loss to this
Commission that the Minister of Justice failed to arrive
MR. CONCEPCION. With pleasure. on the due date after having been invited. And, certainly,
the other side of the question — the President through
MR. OPLE. Thank you, Mr. Presiding Officer. the Minister of Justice having superintendence over the
During the period of amendments, can the sponsor courts — may never be fully known to this Commission
consider an amendment wherein they might consider in the absence of an authoritative spokesman. I am told
returning the management of the courts to the executive by Commissioner Guingona that Minister Gonzales
branch of the government? would come, but he has not settled his doubts on the
propriety of coming here in the light of some admoni-
MR. CONCEPCION. I did not get the question. tions he received that members of the Cabinet may be
misinterpreted or misunderstood as trying to influence
MR. OPLE. I have in mind Section 9 on page 5, the Constitutional Commission. But in any case, these
which says: “The Supreme Court shall have administra- are subjects that I hope the sponsor would be kind
over all courts and the personnel there-
tive supervision enough to allow to be brought up again during the
of,” and another section provides that the appointing period of amendments. The Floor Leader has been
power for court officials and personnel is also vested in circulating very diligently during the past few minutes,
the Supreme Court. I hope not in an excess of the exercise of his constitu-
tional powers.
the deliberation of the Committee so far gone and
Is
their commitment so firm to the management of the Thank you, Mr. Presiding Officer.
courts by the Supreme Court that they may no longer
be able to consider during the period of amendments a MR. RAMA. Mr. Presiding Officer.
proposal to revert the administration of the courts to
the executive branch of the government while
their
substantive function is fully protected from Floor Leader is recognized.
any
invasion by the executive branch?
MR. GUINGONA. May I please be allowed to clarify
MR. CONCEPCION. That has been considered by the some points in just one minute?
Committee, but the members of the Committee - and
I
think a good number of the Members of the
Commis-
THE PRESIDING OFFICER (Mr. Sarmiento). Com-
sion — feel that one of the major infirmities missioner Guingona is recognized.
in the
administration of justice in the Philippines has been
the
overwhelming intrusion of politics in the operation MR. GUINGONA. Mr. Presiding Officer, I just
of
the courts not only in the appointment
of judges but
wanted to Commissioner Ople asked
clarify this matter.
also of their staff. Graft and corruption
was such I
me why I think Minister Gonzales did not come. In my
would say that under the last administration it reply, I made no reference at all — if the honorable
was
considerably widespread. I will give an illustration. Commissioner will remember — to Minister Gonzales. I
think perhaps the members of the Cabinet are reluctant
At one time, the Department of Justice felt that it to come because of the statement made by the President
was necessary to increase the number of judges in the here and released in the papers to the effect that she
Courts of First Instance by seven. The Supreme Court does not want to exert any influence at all, directly or
or the Department of Justice was told, “if you want this indirectly, in the drafting of this Constitution. I said
group to be successful, you should agree to have a new that members of the Cabinet might have the feeling that
additional branch to each province.” they might be indirectly influencing the committee
meetings if they will come here. But I did not make any
I have another illustration. A young man was ap-
definite reference to Minister Gonzales because I have
pointed judge to one of these new branches. The branch
not had a chance to ask him or to talk to him.
could not operate because of the absence of a clerk of
court. Why was there an absence of a clerk of court?
MR. RAMA. Mr. Presiding Officer, it is already
Because the congressman for the district or province
12:07 p.m.
concerned insisted that a pharmacist be appointed as
clerk of court.
MR. ROMULO. Mr. Presiding Officer, just for the
First of all, political intervention made it difficult to record, the point raised by Commissioners Guingona and
organize the court. Second, it tended to show to the Ople has been clarified by Commissioner Regalado, and
he can stand up on that. There was no objection on THE PRESIDING OFFICER (Mr. Sarmiento). Is
anybody’s part for them to appear here; and that, in there any objection? (Silence) The Chair hears none;
fact, some of his fellow Ministers have appeared here. the period of sponsorship and debate is closed.
Perhaps, he did not want to champion a lost cause.
MR. RAMA. Mr. Presiding Officer. MR. RAMA. Mr. Presiding Officer, I move that we
Monday at nine o’clock in the morning.
adjourn until
THE PRESIDING OFFICER (Mr. Sarmiento). The THE PRESIDING OFFICER Sarmiento). Is
(Mr.
Floor Leader is recognized. there any objection? (Silence) The Chair hears none;
the session is adjourned until Monday at nine o’clock
in the morning.
MR. RAMA. I move that we close the period of
sponsorship and debate on the Article on the Judiciary. It was 12:08 p.m.
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R.C.C. NO. 29
Monday, July 14, 1986
OPENING OF SESSION Beloved Mother Mary, You have never abandoned,

but have ever extended. Your motherly affection and
At 9:35 a.m., the President, the Honorable Cecilia love to our people. In these days of our need for Your
Munoz Palma, opened the session. assistance, we pray that You be with us today and
always, to bless our people with a better life and for all
THE PRESIDENT. The session is called to order. to enjoy a government not only of and by the people,
but more importantly, for the people. Amen.
NATIONAL ANTHEM
ROLL CALL
call the roll.
Everybody rose to sing the National Arithem.

Monsod .... Present*
Abubakar Present* . .
standing for the Prayer to be led by the Vice-President, Present*

Alonto Present* Natividad . . . . .
the Honorable Ambrosio B. Padilla. Present

Aquino Present Nieva . .
Everybody remained standing for the Prayer. Azcuna Present Nolledo .... . . Present
Ople . . Present*
Bacani Present .
Padilla..... . Present
Bengzon Present .
PRAYER Quesada .... . . Present

Bennagen Present*
Rama ...... Present
MR. PADILLA. Almighty God, Creator of the Bernas Present* . .
Regalado .... Present

Universe, Master of Mankind and our Sovereign Lord,
. .
Rosario Braid . . . Present
“without Thee, we can do nothing; with Thee, nothing Brocka .
Present* . . .
Rigos Present
impossible.” Thou madest possible the political
.
is Calderon Present* .
....
Rodrigo Present
miracle of February 22—25 through the peaceful revolu- . .
Castro de Present
Romulo .... Present
tion of the people, a unique event unknown in the
. .
Colayco Present
Rosales Present
history of our Asian neighbors and unprecedented in
. .
Sarmiento Present
our own Our people succeeded without violence
history. Davide Present* . . . . .
Suarez Present
terminating and in toppling down the dictatorship . .
in Foz Present
Sumulong Present*
which had been entrenched in absolute power during 14 Garcia ....... Present* . . . . .
Present*
years of martial misrule. More things are wrought by Gascon Present* Tadeo .
Absent
prayers than this world dreams of. Lord, many a time Guingona Present Tan . .
in the past. Thou hast shown deep affection for our Tingson .... Absent
Jamir ........ Present . .
Trenas Present
country and abiding love for our people. Laurel Present* . .
Present Uka Absent

God of power and come
to our aid again, in this
light, Lenim . .
Villacorta Present*
^ûr delicate responsibility of formulating a new and Maambong .... Present* . . . . .
permanent constitution. We must solicit and beseech Commissioner Villegas is on official mission.
Thine Divine Providence for aid and guidance, to en- The President is present.
lighten our minds, to instill understanding in our hearts the call.
The roll call shows 26 Members responded to
and to fortify our resolve to labor assiduously with
devotion and dedication, so that we may submit to our of
sovereign people a fundamental charter that will not
a quorum.
only embody our ideals and aspirations but also assure
a just society, an honest government, a responsive MR. RAMA. Madam President.
administration with the blessings of truth, justice,
freedom, peace and progress in a living and effective THE PRESIDENT. The is
democracy.

MR. RAMA. I move that we dispense with the read- Proposed Resolution No. 489, entitled:
ing of the Journal of last session.
TUTION A PROVISION PROTECTING THE INDISSOLU-
BILITY OF MARRIAGE AND THE STABILITY OF THE
FILIPINO FAMILY.
Introduced by Hon. Bacani.

APPROVAL OF JOURNAL
MR. RAMA. Madam President, I move that we and Declaration of Principles.
approve the Journal of last Friday’s session.
Is
RESOLUTION TO INCORPORATE IN THE TRANSITORY
motion of the Floor Leader? (Silence) The Chair hears PROVISIONS OF THE NEW CONSTITUTION A PRO-
VISION RECOGNIZING THE AUTHORITY AND JURIS-
DICTION OF EXISTING COURTS, MANDATING THE
MR. RAMA. Madam President, I move that we pro-
DETERMINATION OF PENDING CASES IN ACCORD-
ceed to the Reference of Business.
ANCE WITH THE LAWS THEN IN FORCE, UPHOLDING
THE PRESIDENT. Is there any objection that we THE PROVISIONS OF THE EXISTING RULES OF
proceed to the Reference of Business? (Silence) The COURT, PROVIDING FOR THE CONTINUANCE OF
Chair hears none; the motion is approved. INCUMBENT MEMBERS OF THE JUDICIARY AND
THEIR REMOVAL ONLY FOR CAUSE, AND REQUIR-
The Secretary-General will read the Reference of ING SPECIAL COURTS AND QUASI-JUDICIAL BODIES
Business.
TO SUBMIT THEIR RULES OF PROCEDURE FOR AP-
PROVAL BY THE SUPREME COURT.
REFERENCE OF BUSINESS Introduced by Hon. Davide, Jr.
The Secretary-General read the following Proposed To the Committee on Amendments and Transitory
Resolutions on First Reading, Communications Provisions.
and
Committee Report, the President making the corre-
sponding references: Proposed Resolution No. 491, entitled:
PROPOSED RESOLUTIONS ON FIRST READING TION PROVISIONS FOR THE PROTECTION OF THE
RIGHTS AND WELFARE OF FILIPINO OVERSEAS
Proposed Resolution No. 487, entitled: WORKERS (ROW’S).
RESOLUTION TO INCORPORATE IN THE TRANSITORY Introduced by Hon. Quesada, Tadeo and Aquino.
PROVISIONS OF THE NEW CONSTITUTION A
PRO- To the Committee on Social Justice.
VISION MANDATING THE TRANSFER
OF ALL
RECORDS, EQUIPMENT, BUILDINGS, FACILITIES
AND OTHER PROPERTIES OF ANY OFFICE OR BODY Proposed Resolution No. 492, entitled:
ABOLISHED OR REORGANIZED UNDER THIS CON- RESOLUTION TO INCORPORATE IN THE TRANSITORY
STITUTION TO THE OFFICE OR BODY TO WHICH ITS PROVISIONS OF THE NEW CONSTITUTION A PRO-
POWERS, FUNCTIONS, AND RESPONSIBILITIES SUB- VISION AUTHORIZING THE PRESIDENT TO REVIEW
STANTIALLY PERTAIN. CONTRACTS ENTERED INTO BY THE PREVIOUS
Introduced by Hon. Davide, Jr. government or any subdivision, agency or
To the Committee on Amendments and Transitory instrumentality thereof, including govern-
Provisions.
ment-owned OR controlled CORPORATIONS
AND TO REVOKE, MODIFY OR AMEND THE SAME
WHEN THE NATIONAL INTEREST OR WELFARE SO
Proposed Resolution No. 488, entitled: REQUIRES.
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- Introduced by Hon. Davide, Jr.
UNDERTAKE THE TRANSLATION OF THE NEW
Provisions.
CONSTITUTION INTO THE VARIOUS PHILIPPINE
LANGUAGES AND TO PROVIDE A FREE COPY TO
EVERY FAMILY OR HOUSEHOLD.
RESOLUTION PROVIDING FOR THE ESTABLISHMENT
Introduced by Hon. Bennagen and Sarmiento.
OF AN INDEPENDENT CENTRAL MONETARY
To the Committee on General Provisions. AUTHORITY.
Introduced by Hon. Davide, Jr. local police and the Philippine Constabulary and to
return the administrative supervision and control of
local police to the mayors.
Proposed Resolution No. 494, entitled: (Communication No. 178 — Constitutional Commission
RESOLUTION TO INCORPORATE IN THE TRANSITORY of 1986)
PROVISIONS OF THE NEW CONSTITUTION A PRO- To the Committee on General Provisions.
VISION MANDATING THE GRANT OF SEPARATION
PAY AND OTHER BENEFITS TO CIVIL SERVICE Telegram from Mr. Enrique Soriano of Iloilo City pro-
ELIGIBLES WHO WERE SEPARATED FROM THE posing the adoption of the jury system.
SERVICE FROM FEBRUARY TWENTY-SIX 1986. 79 — Constitutional Commission
Introduced by Hon. Davide, Jr. of 1986)

To the Committee on Amendments and Transitory To the Committee on the Judiciary.
Provisions.
Letter from Mr. Rey lyog of Sugbongcogon, Misamis
Oriental, requesting the inclusion of a provision that
RESOLUTION PRESCRIBING THE ORDER OF SUC- would expedite the resolution of cases in the courts.
CESSION TO THE OFFICE OF THE PRESIDENT IN (Communication No. 1 80 — Constitutional Commission
CASE OF PERMANENT VACANCY OR TEMPORARY of 1986)
DISABILITY AND PROVIDING FOR THE MECHANISM
FOR THE DECLARATION OF INCAPACITY OF THE
PRESIDENT.
Resolution of the Federation of Senior Citizens of
the
Introduced by Hon. Maambong, Ople, Natividad and of a provision
Province of Albay suggesting the inclusion
de los Reyes, Jr.
giving due recognition to senior citizens.
of 1986)
COMMUNICATIONS To the Committee on General Provisions.
Letter from Mr. Ceferino P. Padua, former Constitu-

Letter from Major Amador of the Region-
R. Tanael, Jr.
tional Convention delegate, submitting the article
al Special Action Force Batallion,
PC/INP Regional
“Right to Education — Somewhere in the Bill of
Rights.” Command 4, requesting the inclusion of a provision
integrating into the regular force of the
AFP reseê
officers who have rendered ten or more years active
of 1986)
service.
To the Committee on Citizenship, Bill of Rights, (Communication No. 182 - Constitutional Commission
of 1986)
Letter from Ms. Cristina M. Liamzon of the Philippine
Partnership for the Development of Human Resources
N. Baesa Road,
in Rural Areas, forwarding a resolution proposing the Letter from Ms. Judith N. Relato of 23
inclusionof provisions on agrarian reform and rural Quezon City, proposing the retention of US bases, dis-
development. enfranchisement of voters, synchronization ot
illiterate
six-year-no-reelection term tor all
— elections, and a
elective officials.
of 1986)
To (Communication No. 183
of 1986)
and
Letter from the Personnel Officers Association of the To the Committee on Constitutional Commissions
Philippines, Inc., signed by Mr. Bayani A. Aquino, Agencies.
recommending certain provisions on the Civil Service.
People s
(Communication No. 177 — Constitutional Commission Communication from the Promotion of Church
for the regula-
of 1986) Rights - Mindanao, requesting provisions
corporations tor e
tion of activities olf transnational
To the Committee on Constitutional Commissions and dismantling o
preservation of natural resources and the
Agencies.
paramilitary forces.
Resolution No. 217 of Sangguniang Panlungsod of (Communication No. 1 84 - Constitutional Commission

Davao City, proposing to abolish the integration of the of 1986)
To the Committee on the National Economy and (Communication No. 190 — Constitutional Commission
Patrimony. of 1986)
Communication from the Honorable Neptali Gonzales, To the Committee on General Provisions.
Minister of Justice, forwarding a communication from
members of the Veterans Federation of the Philippines Resolution of the Philippine Medical Women’s Associa-
and other veterans’ associations, proposing a presidential tion, Inc.,proposing the principle that it shall be the
form of government with a bicameral legislature. duty of the state to give free primary health care to its
(Communication No. 1 85 — Constitutional Commission underprivileged citizens.
To the Committee on the Executive. of 1986)
Letter from Mr. Robert V. Dulay, Officer-in-Charge, Declaration of Principles.
Province of La Union, transmitting proposals on the
declaration of principles and state policies, local govern- COMMITTEE REPORT
ment, autonomous regions and transitory provisions.
— Constitutional Commission Committee Report No. 24 on Proposed Resolution
(Communication No. 1 86
No. 496, prepared by the Committee on National
of 1986)
Economy and Patrimony, entitled:
Letter from the honorable Commissioner Regalado E.
TUTION AN ARTICLE ON NATIONAL ECONOMY AND
Maambong,
,
enclosing a copy of the Magna Carta of

PATRIMONY,
Social Justice and Economic Freedom by Commissioner recommending its approval in substitution of Proposed
(Speaker) J.B. Laurel, Jr., and saying that the basic Resolution Nos. 10, 12, 16, 22, 46, 47, 63, 89, 122,
policies enunciated therein are still valid today. 211, 213, 219, 288, 309,317,368,369,374,375,378,
(Communication No. - 388,389,401 and 412.
1 87 Constitutional Commission
of 1986) Sponsored by Hon. Villegas, Tadeo, Bacani, Bengzon,
To Jr.,Bennagen, Foz, Gascon, Monsod, Natividad, Opie,
Romulo, Sarmiento, Suarez, Uka and Villacorta.
Letter from Mr. Tomas L. Joaquin of Mendiola St., To the Steering Committee.
Alabang, Muntinlupa, Metro Manila, proposing pro-
visions that will require religious organizations to
pay SUSPENSION OF SESSION
real estate and income taxes; election of the
Justices of
the Supreme Court and the members of the Commission THE PRESIDENT. The session is suspended.
on Elections by the legislature and the election of fiscals It was 9:52 a. m.
by the electorate, among others.
(Communication No. 1 88 - Constitutional Commission RESUMPTION OF SESSION
of 1986) At 10:29 a.m., the session was resumed with the
To the Steering Committee. Honorable Jose F. S. Bengzon, Jr. presiding.
Letter from Mr. Orlando G. Rogelio of Victoria, Orient- THE PRESIDING OFFICER (Mr. Bengzon). The
al Mindoro, proposing that the six-year term of Pres- session is resumed.
ident Corazon C. Aquino and Vice-President Salvador H.
Laurel shall commence upon the ratification of the new MR. RAMA. Mr. Presiding Officer, before anything
else, the Chair would like to acknowledge the presence
Constitution; recommending severance of diplomatic
of college students from the College of the Holy Spirit
relations with communist countries and the retention
who are here to observe us.
of United States military bases, and opposing regional
autonomy. THE PRESIDING OFFICER (Mr. Bengzon). The
(Communication No. 1 89 - Constitutional Commission Floor Leader is recognized.
of 1986)
CONSIDERATION OF COMMITTEE REPORT NO. 18
(Article on the Judiciary)
Continuation
Letter from the United Church of Christ in the Philip-
pines, signed by Bishop Erme R. Camba and Dr. Emilio PERIOD OF AMENDMENTS
C. Capulong, Jr., urging the retention of the present
provisions calling for and implementing the principle of MR. RAMA. Mr. Presiding Officer, we are now in the
separation of church and state. period of amendments on the Article on the Judiciary.
I ask that Commissioner Aquino be recognized. MS. AQUINO. But do I understand it correctly that
when the second paragraph was formulated, the idea
THE PRESIDING OFFICER (Mr. Bengzon). Commis- was to provide in the inclusive formulation the duty of
sioner Aquino is recognized. the courts to settle actual controversies and affirmative-
ly asserting that it is likewise the duty of the courts to
positively provide for the redress of wrongs for the
violations of such rights?
May I the attention of the Committee members
call
to the second paragraph of Section 1 defining judicial ,
MR. CONCEPCION. How would the Commissioner
power. Would it be possible for the Committee to ac- phrase the paragraph in question?
cept an amendment which would incorporate a positive
and explicit definition of the powers of the Judiciary to MS. AQUINO. On line 6, Section 1, after the word
provide for the redress of wrong for the violation of “and,” THE REDRESS OF WRONGS
insert the phrase
such rights, such that the amendment by insertion in FOR VIOLATIONS OF SUCH RIGHTS . . .
between the words “inforceable” and “and” would

read: THE REDRESS OF WRONGS FOR VIOLA- MR. CONCEPCION. “Settle actual controversies
TIONS OF SUCH RIGHTS? That would be a redundancy.
involving rights.”
MR. CONCEPCION. It is possible, and it is, in fact, MS. AQUINO. . . which are legally demandable and
included in the draft prepared by the Committee. It is THE REDRESS OF WRONGS FOR
inforceable and
found in Section 7 (5) which states that the Supreme VIOLATIONS OF SUCH RIGHTS.”
Court has, among others, the power to promulgate rules
concerning the protection and enforcement of constitu- MR. ROMULO. Mr. Presiding Officer, the position of
tional rights. The promulgation of such rules indicates
the Committee is that it is unnecessary
and we are will-
that the protection and enforcement of these consti-
ing to admit on record that the
Commissioner’s amend-
tutional rights is something that the courts have to
ment is not acceptable because it is already mcluded
in
consider in the exercise of their judicial power. particularly in
the second paragraph of Section 1,
relation to Section 7 (5).
MS. AQUINO. am
conscious of that, Mr. Presiding
I
Officer. It is just that I have in my mind the need to MS. AQUINO. Mr. Presiding Officer, on the
strong
“explicitate” that responsibility on the part of the Commissioner Romulo, I understand
representation of
court, if only to give teeth and muscle to judicial power, it correctly that it is the
implicit intention of the Com-
essentially the power to adjudicate civil rights. In the mittee to likewise read into this provision this kind of
formulation of the second paragraph, there is almost a a duty on the part of the court.
mistaken connotation that judicial power would only my amendment.
I am respectfully withdrawing
refer to the adjudication of adverse litigants, as if it
were always in the nature of a private conflict. Would Thank
THE PRESIDING OFFICER (Mr. Bengzon).
it be possible for the Committee to accept this amend-
ment, if only to underscore the resp^^nsibility of the you very much. Commissioner Aquino.
Judiciary being the bulwark of civil liberties?
MR. ROMULO. Thank you.
MR. CONCEPCION. That declaration is included Bengzon). The

in the first part of the sentence “Judicial power in-

cludes— note the words ‘the duty,’ we did not say ‘the
power’ — the duty of courts of justice to settle actual
Mr. Presiding Officer, there an ante-
controversies involving rights which are legally demanda- MR RAMA. is
rior amendment, so I ask that Commissioner Maambong

ble and inforceable .” It seems that this part of the
. .
paragraph is what the Commissioner would want to be be recognized.

specifically stated.
THE PRESIDING OFFICER (Mr. Bengzon). Commis-
MS. AQUINO. Mr. Presiding Officer, this is not an sioner Maambong is recognized.
amendment for which I am willing to put my life on

MR. MAAMBONG. Mr. Presiding Officer and honor-
the line. But may I be clarified on the intention of the
Committee in not accepting this amendment? able Commissioners:
adverting to Section line 5 of the second

I am 1,
accept an
MR. CONCEPCION. Yes, because it is a duplication paragraph. I the Committee would
wonder if
which we see as unnecessary. Generally, constitutional amendment to delete the word “actual”
the phra^ m
May 1 expiam
provisions are brief, concise but all-embracing. That is a “to settle actual controversies” on line 5.
policy acknowledged in constitution-making. for just a few seconds.

If wesay “actual,” we are actually contemplating a MR. RAMA. I ask that Commissioner Aquino be
situation where there are parties, petitioners, respond- amend Section 3.
recognized to
ents, plaintiffs and defendants. But there are so many
cases filed in court where there are actually no con- THE PRESIDING OFFICER (Mr. Bengzon). Com-
testing parties. For example, in a case of declaratory missioner Aquino is recognized.
relief, there are really no actual parties, and so by
deleting the word “actual” we do not damage the whole MS. AQUINO. Thank you, Mr. Presiding Officer.
provision, but we would only be more specific in our May I preface my amendment
to Section 3 (2) by
terminology. noting that there a growing tendency of governments
is
I submit, honorable Commissioners. to accumulate more and more power on the pretext of
promoting general welfare, and that tendency is prac-
MR. CONCEPCION. the Commissioner’s
I beg to call tically irresistible, such that for any provision on judicial
attention to the fact that the Supreme Court has neither review to be meaningful, the exercise of the power of
authority nor judicial power to pass or grant a declara- judicial review should be feasible and viable, unfettered
tory judgment. Judicial power per se is merely the by the daunting constraints of meeting a high number to
power to settle controversies.
be able to strike down a law as unconstitutional.
I was wondering if the Committee would consider ah
MR. MAAMBONG. understand that, Mr. Presiding
I amendment by deletion of the words “plus one” on
Officer, but the first paragraph in Section 1 talks not lines 23, 24 and 25, or in the alternative, if that is re-
only of the Supreme Court but also of such lower tained, to delete the whole phrase “of the members who
courts as may be established by law. actually participated when the case was submitted for
decision,” on line 24.
MR. CONCEPCION. That is right. That is why I said,
judicial power is limited to the settling of actual contro- THE PRESIDING OFFICER (Mr. Bengzon). What
versies. does the Committee say?
It is very risky for any court to pass upon hypo-
MR. ROMULO. Commissioner Regalado will reply.
thetical questions. The same setof principal basic facts
may be affected by the surrounding circumstances MR. REGALADO. Upon consultation with the other
which will necessarily be lacking for a judgment on a members of the Committee, it is our feeling that with
hypothetical case. respect to the proposed amendment for a declaration of
Judicial powers deal with relations among people. unconstitutionality, we will maintain the vote require-
Two persons may commit the same crime of homicide ment of majority plus one of the members. The reason
but the circumstances surrounding the same constitute for this is that since a law has been deliberated upon by
part of the equities that may and should be considered the legislature, and later has been approved by the
by the court in deciding the case. Those equities are President, we therefore have had the participation of the
lacking in hypothetical cases. two branches of the government. Therefore, it should
take a higher number of votes to declare such a law
MR. MAAMBONG.Just to leave this point, Mr. unconstitutional.
Presiding Officer, therefore, the decision of the
is it, Although it was not mentioned by the proponent of
Committee that declaratory relief is actually an actual the amendment, I might as well include also the fact
controversy? Is that the thinking of the Committee? that the Committee has agreed that with respect to the
number of votes, whether majority or majority plus one,
MR. CONCEPCION. Determination of what is the
we will eliminate the phrase “members who actually
law, as between two parties who have a conflict based
participated.”
upon what the law is or whether there is any law, would
be an actual controversy. MS. AQUINO. That was my alternative proposal. In
other words, if we delete the phrase “members who
MR. MAAMBONG. And in the same category, Mr. actually participated when the case was submitted for
Presiding Officer, quieting of title, for example, would
decision,” the required number of votes would only be
also bean actual controversy. seven as distinguished from the deletion of “plus one”
which should mean six.
MR. REGALADO. That is right.
MR. MAAMBONG. Thank you.
MS. AQUINO. So, I would concede to the require-
MR. CONCEPCION. Thank you. ment of making a distinction between any ordinary
decision and that which would declare a law as uncon-
THE PRESIDING OFFICER (Mr. Bengzon). The stitutional such that I was advancing this alternative
Floor Leader is recognized. proposal.
MR. REGALADO. The reason why, instead of participated” which appears on lines 31 and 32 of page
making a specific statement as to the number of votes, 1 and lines 2 and 3 of page 2.
we are resorting to the phrase “majority plus one,” is

that there are also proposals for the increase of the MR. ROMULO. Yes, we accept that.
number of the membership of the court. So, we just
decided to make it “majority plus one,” regardless of THE PRESIDING OFFICER (Mr. Bengzon). So for
what would be the eventual outcome as to the total the record, the Committee how
may we know from
membership of the court. many amendments have been accepted.
MS. AQUINO. So, do I understand it correctly that MR. ROMULO. Mr. Presiding Officer, just a minute.
the Committee is amenable to that proposal to delete Commissioner Padilla has a remark with regard to Com-
just the phrase “the members who actually parti- missioner Rodrigo’s comment.
cipated”?
MR. PADILLA. The phrase “of the members who
MR. REGALADO. Yes. when the case was submitted for
decision” should remain in paragraphs 3 and 4 of
MS. AQUINO. Thank you, Mr. Presiding Officer. Section 3 because oftentimes, the Supreme Court
Justices are not in full complement. The reasons are:
THE PRESIDING OFFICER (Mr. Bengzon). For (1) vacancy or nonappointment; (2) legal disqualifica-
clarity, the Committee now, therefore, read the
will tion; (3) voluntary inhibition; or (4) justices are absent
provision as has been accepted? or on leave. So for some reasons, a court of eleven (11)
may only have seven (7) or eight (8) members
maybe
MR. REGALADO. Section 3 (2) will, therefore, read: who actually participate. It is not correct to have the
“All cases involving the constitutionality of a treaty, opinion of a minority of the court prevail over a major-
international or executive agreement, or law shall be ity of the members participating. There were instances
in the past where a motion for reconsideration
was
heard and decided by the Supreme Court en banc, and
decided and even a decision of conviction in a criminal
no treaty, international or executive agreement, or law
case reversed on appeal by the accused because
the con-
may be declared unconstitutional without the concur-
currence of eight (8) members, out of fifteen (15),
rence of a majority plus one of the members.”
which was the full membership of the court, was not
obtained. The full membership was usually never com-
voted
plete, so there had been instances where seven (7)
which was denied based
THE PRESIDING OFFICER (Mr. Bengzon). Is Com- for a motion for reconsideration
the
missioner Aquino satisfied? on four (4) or five (5) votes against. And because
fifteen, t e
seven votes do not constitute the majority of
motion for reconsideration was lost, and even the
MS. AQUINO. Yes, Mr. Presiding Officer.
ment of conviction in a criminal case was reversed.
/
is the effect of several decisions
where an aggrieved
THE PRESIDING OFFICER (Mr. Bengzon). Thank in a peti-
you very much. party or the state in a criminal case or a party
received 7 votes
tion, or in a motion for reconsideration
minority prevailed, and
as against 4 or 5 and yet the
MS. AQUINO. Mr. Presiding Officer, may I be tyranny o a
that is what I denounced before as the
allowed to introduce an amendment on Section 7 (5).
minority in the Supreme Court.
of a
MR. RODRIGO. Anterior amendment, Mr. Presiding So while agree that in determining the validity
I
ave a
treaty or the constitutionality of a law we
Officer.
should
members because
majority or a majority plus one of the
MR. RAMA. Mr. Presiding Officer. that is quite important to declare a law
unconsti u , mn
majority o e
in all other cases we should have a
members participating, and I do not believe we
^
THE PRESIDING OFFICER (Mr. Bengzon). The
Floor Leader is recognized. remove that phrase in the two subsequent paragrap s.
stand
So, Mr. Presiding Officer
I
MR. RAMA. I would like to call on Commissioner MR. ROMULO.
Lerum We
accept the alternative
amen men o
for an anterior amendment on Section 3. corrected.
we ®
Commissioner Aquino to Section 3 (2), but
3 and 4 ot ec ^
MR. RODRIGO. May I just make some remarks in accept the amendment to paragraphs
connection with the amendment just accepted by the 3.
Committee. This is very important because as a conse-

Commissioner
quence of that amendment, we should also amend the MR. PADILLA. As a matter of fact,
same phrase “a majority of the members who actually Aquino did not propose the elimination.
MR. ROMULO. That is correct. THE PRESIDING OFFICER (Mr. Bengzon). Commis-
sioner Concepcion is recognized.
MR. RODRIGO. Mr. Presiding Officer, I just thought
that for uniformity’s sake this phrase, which appears in MR. CONCEPCION. “Participated” means those
both paragraphs 3 and 4, should also be revised ac- members who took part and reached
in the deliberations
cordingly. However, since that phrase still remains, may the conclusions that are incorporated in the court’s
I ask a clarification. opinion.
THE PRESIDING OFFICER (Mr. Bengzon). The MR. RODRIGO. Suppose a member has read all the
Chair will first dispose of the amendment proposed by briefsand the memoranda and he was at the oral argu-
Commissioner Aquino which has been accepted by the ment but was not present during the deliberations by
Committee. the members of the court, had he not participated?
MR. RODRIGO. I thought it was already approved.

MR. CONCEPCION. Actually he had not participated
because he was not present in the deliberations. He did
THE PRESIDING OFFICER (Mr. Bengzon). It has not vote or express his opinion for consideration by his
been accepted by the Committee but we have not put
colleagues.
it to a vote yet.
MR. RODRIGO. I move that we vote on it.

MR. RODRIGO. Suppose he had read all the briefs
and the memoranda and had listened to the oral argu-
VOTING ment but he happened to have been sick when the court
deliberated, would he not have been considered as
THE PRESIDING OFFICER (Mr. Bengzon). Those having participated?
in favor of the amendment proposed by Commissioner
Aquino, please raise their hand. ( Several Members raised MR. CONCEPCION. No.
their hand.)
Those against the proposed amendment, please raise MR. RODRIGO. So he would not be included in
their hand. (No Member raised his hand.) determining the majority plus one?
The results show 30 votes in favor and none against;

the amendment is approved.

MR. RODRIGO. The deciding factor then is that the
member must have participated in the deliberations of
THE PRESIDING OFFICER the court.
(Mr. Bengzon). Yes,
MR. CONCEPCION. That is the meaning of the draft
MR. RODRIGO. Since the phrase “majority of the proposed by the Committee.
members who have when the case
was submitted for decision” still appears on paragraphs MR. RODRIGO. As long as he was present during the
3 and 4 of Section 3, may I ask some clarificatory deliberations by the members of the court, then he had
questions for the record. participated.
If a case is brought before the Supreme Court, briefs
are submitted -
appellant’s brief, attorney’s brief, reply MR. CONCEPCION. He cast his vote then.
brief -sometimes together with the petition for cer-
tiorari and reply. Afterwards, oral argument follows and MR. RODRIGO. For the record, I would like to get
sometimes, memoranda are filed. Then a deliberation an answer because this is very important.
by the court follows. In this instance, the mean- what is
ing of “members who actually participated”? Let us MR. CONCEPCION. Does the Commissioner mean
say a member has read all the briefs, all the pleadings one who was not present but who concurred in the
but was not present at the oral argument, did he or did written opinion?
he not participate?
MR. RODRIGO. Let us first say he was actually
MR. PADILLA. Yes, he participated. It is not neces- present — that would be the determining factor he was
sary that the justices should be present at every single physically present in the deliberations by the court. Is
instance during the proceedings. However, in the resolu- that the determining factor?
tion or decision of the court, sometimes it is stated that
some justices took no part or are on leave, and these MR. CONCEPCION. If he also signed the concurring
are those who did not participate. opinion, then he participated.
MR. RODRIGO. Even if he was not physically MR. RODRIGO. But how could he take part, if he
present in the deliberations by the court? was not physically present?
MR. CONCEPCION. That is it. He did not take part

MR. CONCEPCION. Commissioner Regalado will
in the deliberations. So he did not participate.
answer.
MR. REGALADO. I think we have to take into MR. RODRIGO. So even if he was physically present
but just kept quiet, he did not participate?
consideration another related provision because we
speak here of concurrence of a majority of the members
who actually participated when the case was submitted MR. CONCEPCION. If he kept quiet, that means he
agreed with the opinion of the majority. Silence means
for decision. Section 14 (2) says:
consent.
A case or matter shall be deemed submitted for decision
or resolution upon the filingof the last pleading, brief, or MR. RODRIGO. May make my question very,
I just
memorandum required by the rules of court or by the court very simple. Must a justice be physicaUy present during
itself. the deliberations to be considered as having participated?
MR. RODRIGO. Yes. That is not my point. My point MR. CONCEPCION. As I said, he must be present in
is to define “participated.” When is a justice considered the deliberations and cast his vote before the case is
for the pre-
to have participated or not in the deliberations of the assigned to one of the members of the court
court? This is very, very important because this will sentation of the opinion.
decide whether or not he would be included in the
number which will serve as basis to determine the MR. RODRIGO. So, two things must be considered:
majority or the majority plus one. deliberations
First,he must be physically present in the
and second, he must cast his vote.
MR. CONCEPCION. As we already said, “parti-
cipated” means those who took part in the deliberations MR. CONCEPCION. Yes.
and cast their votes that were taken end of the at the
deliberations when the case was referred to one of the physically present
MR. RODRIGO. Suppose he was
members of the court for the writing of the court’s and said he would abstain, is he con-
in the deliberations
opinion. sidered as having participated also?
MR. RODRIGO. So, I repeat my question. Does he MR. CONCEPCION. Yes, he participated also.
have to be physically present in the deliberations?

important thing is his
MR. RODRIGO. So, the
physical presence.
MR. CONCEPCION. That is correct.
to vote also,
MR. CONCEPCION. No, because he has
MR. RODRIGO. thought it was said that even if he
I
or at least abstain from voting.
was not physically present but concurred in the court’s
opinion, he would be considered as having participated? he abstained from voting
MR RODRIGO. Yes. So if
considered to have
but was physically present, is he
MR. CONCEPCION. We mean having participated in participated?
the deliberations and concurred in the opinion.
MR. RODRIGO. He must be physically present and
concur in the court’s opinion? MR. RODRIGO. Thank you.
(Mr. Bengzon). The
MR. CONCEPCION. Yes. THE PRESIDING OFFICER
loor Leader is recognized.
MR. RODRIGO. Suppose he was physically present
but he dissented? ask that Commissioner
Lemm be
MR. RAMA. I
amendmen on
cognized to introduce an
MR. CONCEPCION. Yes, he participated. Com-
(Mr. Bengzon).
MR. RODRIGO. He participated. So the important issioner Lerum is recognized.
thing is his physical presence?
MR. LERUM. Mr. Presiding
in the substi
MR. CONCEPCION. No, his taking part in the on Section 3(1), line 17 which consists
deliberations. ition of the word “ten” to
FOURTEEN. As amended,
Section 3(1) will read as follows: “The Supreme Court backlog took place under a climate of uncertainty under
shall be composed of a Chief Justice and FOURTEEN the past administration which precisely is sought to be
Associate Justices.” set up by the approval of the new Constitution. Second-
ly, a Member of this body consulted the present Chief
THE PRESIDING OFFICER (Mr. Bengzon). What Justice and the latter stated that they can make it with
does the Committee say? 1 1 members.
MR. LERUM. think the reason here is plain com-

I THE PRESIDING OFFICER The
(Mr. Bengzon).
mon 15 justices will be able to render
sense because Chair believes that the issue has been amply ventilated.
more decisions than 11. If we reduce the number, we Therefore, the Chair now would like to call for a vote.
are impliedly criticizing the former members of the
Supreme Court, because under the present provision, we MR. LERUM. Mr. Presiding Officer, I think this
have 15 justices and stUl there is an accumulation of provision is very important. The labor sector is very
cases from around 3,000 to 5,000. much interested in this because there are many cases
It means that these justices have not been doing then- now pending with the Supreme Court involving laborers.
work, and I do not think that is correct. In my case, I think I have more than five pending cases
for the last 1 0 years.
Therefore, in order to ease this backlog of cases, plus
those that will be filed, I am proposing that we retain Bengzon). Yes. Can
the 1 5 justices that we have under the present Constitu- his arguments that
we just confine the Commissioner to
tion.
have not yet been articulated?
THE PRESIDING OFFICER (Mr. Bengzon). What
does the Committee say? MR. LERUM.
It is true that before, we had very few
cases.But now, under the present circumstances, we
MR. ROMULO. The Committee regrets that it cannot have plenty of cases and most of them come from the
accept the amendment, but would prefer that the body, labor sector. I think everyday there is a case being filed
as a whole, decide the matter. in the Supreme Court involving laborers, and this will
continue under the present situation. If this were so,
We unable to accept the amendment because,
are
and we only have 1 1 justices, which is usually the
firstly, the 15 slots were never really filled up; secondly,
number necessary during normal times, I do not think
the backlog resulted although there were already 1 3 or
we will be creating a favorable situation where the
14 justices; and, finally, since it is a collegial body with
government will have the respect of the workers. As far
15 full membership, we would need more people in
as the workers are concerned, they want their cases to
putting into deliberations before a decision is made.
be decided as soon as possible. That is why they say that
this provision is stupid.
MR. LERUM. May I answer? May I reply to that?
sioner Lerum has one minute. MR. RODRIGO. Mr. Presiding Officer, I propose an
amendment to the amendment. I wonder if the pro-
MR. LERUM. On the first point where the 15 slots ponent will accept an amendment to the amendment.
were never filled up, I think that could be remedied by
an amendment to the effect that in case a vacancy MR. LERUM. I wish to hear the Commissioner s
occurs in the Supreme Court, it must be filled within amendment.
two months from the date that the vacancy occurs.
On the other hand, the Gentleman said that there are MR. RODRIGO. No, an amendment to the
this is
around 3,000 to 5,000 cases. If we divide the work, amendment: on line 18, change the word “two” to
with 5,000 cases and 1 1 justices, that means that 40C) THREE, so that the line will read: “The Supreme Court
cases will have to be assigned to each of these 1 1 jus- shall be composed of a Chief Justice and FOURTEEN
tices. On the other hand, if we have 1 5, that means that Associate Justices. It may sit en banc or in THREE
about 300 will be assigned for every justice. So, with 15 divisions.”
justices, more decisions will be rendered. I do not agree
with the statement that 1 1 justices can solve the backlog THE PRESIDING OFFICER (Mr. Bengzon). What
of cases rather than the 15. We cannot see the logic to does Commissioner Lerum say?
that. As a matter of fact, during my consultation with
the labor sector, they said it is stupid to reduce 1 5 to 11 MR. LERUM. Just a minute. Will the Commissioner
when these 1 5 cannot do the work. I submit to a vote. kindly repeat his amendment? I was getting my copy.
MR. CONCEPCION. The observation is good if the MR. RODRIGO. The last sentence in subsection 1
backlog was incurred during normal times. But the may sit en banc or in THREE divisions.”
will read: “It
MR. LERUM. I accept the amendment. MR. LERUM. Willingly.
THE PRESIDING OFFICER (Mr. Bengzon). Let us MR. RODRIGO. The appointment under the 1973
amendment now as amended.
vote on the Constitution is made by only one man. I think in the
Will Commissioner Lerum read his amendment as
Constitution which we are drafting, the consensus is to
revive the Commission on Appointments. So, it is
amended by Commissioner Rodrigo? After that, we
possible that the President might appoint within three
will call for a vote.
months; but if Congress is not in session and the Com-
mission on Appointments is part of Congress, the ap-
MR. LERUM. The amendment will read as follows:
pointment cannot be confirmed. Three months might
“The Supreme Court shall be composed of a Chief
be sufficient, if only one man, one appointing power, is
Justice and FOURTEEN Associate Justices. It may sit
involved.
en banc or in THREE divisions.”
THE PRESIDING OFFICER (Mr. Bengzon). Excuse
VOTING me. Commissioner Rodrigo. On page 2, Section 5 of the
committee report, the appointments of the members of
THE PRESIDING OFFICER (Mr. Bengzon). As many the Supreme Court and the judges of the lower courts
as are in favor of the amendment of Commissioner are not subject to confirmation.
Lerum, as amended by Commissioner Rodrigo, please
MR. RODRIGO. Yes. But I am going to file an
As many as are against, please raise their hand. amendment to delete that portion and restore the power
(Several Members raised their hand.) of appointment to the Commission on Appointments
instead of that seven-man committee. So, if the Com-
mission on Appointments is restored, insofar as the
amendment is lost.
appointment of judges is concerned, three months might
be too short because it will involve not only choosing by
MR. LERUM. Mr. Presiding on the same
Officer,
the President of the man he will appoint but actually
I am going to propose the following amend-
section, appointing him and then having it confirmed by the
ment: After the first sentence, insert the following: IN Commission on Appointments.
CASE OF ANY VACANCY, THE SAME SHALL BE
FILLED WITHIN TWO MONTHS FROM THE OCCUR- (Mr. Bengzon). Would
RENCE THEREOF. This will be between the first and THE PRESIDING OFFICER
Commissioner Lerum, therefore, agree to a deferment of
the second sentence. body
that proposed amendment until such time as the
judges and
What decides whether or not the appointment of
THE PRESIDING OFFICER (Mr. Bengzon). Commission on
justices will have to be confirmed by the
Appointments?
MR. ROMULO. Mr. Presiding Officer, the Committee stand
MR. LERUM. think this amendment can
is willing to consider that amendment favorably, if the I
an e
proponent will make THREE MONTHS to enable the because this is a mandate on both the President
it
there will be one. n
President to deliberate on the matter. Commission on Appointments, if
can
the meantime, think an ad interim appointmen
I
because our
be made so that the vacancy can be filled
MR. LERUM. I accept, Mr. Presiding Officer. their unc
purpose here is to help the justices perform
tions. But if, as in the past, some
positions of justices
THE PRESIDING OFFICER (Mr. Bengzon). Will the promotion
are not filled, then we are not helping in
Commissioner Lerum kindly read his amendments? that cou
of a speedy settlement of justice. So, I think
CASE be taken care of by an ad interim appointment.
MR. LERUM. The amendment will read: IN
OF ANY VACANCY, THE SAME SHALL BE FILLED (Mr. Bengzon). In that
WITHIN THREE MONTHS FROM THE OCCUR- THE PRESIDING OFFICER
RENCE THEREOF. case, we will proceed to vote.
MR. ROMULO. Mr. Presiding Officer.


sioner Rodrigo is recognized. sioner Romulo is recognized.
postponement?
MR. RODRIGO. Will the Gentleman yield to some MR. ROMULO. May we have a slight
questions? Our Chairman has to leave the room momentarily.
SUSPENSION OF SESSION category of law, of course, is the Constitution. The

second one in the line of the six categories is the
THE PRESIDING OFFICER (Mr. Bengzon). The statutes, properly so-called, passed by the law-making
session is suspended. body. In most of the books on statutory construction,
It was 11:14 a.m. presidential decrees have been categorized in the second
category of laws, which is known as statutes, properly
so-called. And, therefore, if that is the interpretation —
and that has been interpreted by the Supreme Court in
At 11:29 a.m., the session was resumed. that like — the words “presidential decrees” would
actually be covered by the word “law” which is found
THE PRESIDING OFFICER (Mr. Bengzon). The in Section 3, paragraph 2.
session is resumed.
I would
like to add further that when we talk
of presidential decrees, we are talking of several laws
which not only affect the operation of the govern-
ment; they also affect vested rights, contracts and even
international commitments. For example, we have dif-
ferent codes now which are in the nature of presidential
decrees. We have the Labor Code, the Insurance Code,
MR. RAMA. I ask that Commissioner Lerum be Child and Youth Welfare Code, Code of Muslim and
recognized.
Personal Laws, and I can go on. Actually, the reason in

my intention to delete the words “presidential decrees”
Bengzon). Will
is that they have the category of law which is already
Commissioner Lerum please restate his amendment so
that we can proceed to the voting?
mentioned under Section 3, paragraph 2, in contradis-
tinction with the lower category of laws which are
MR. LERUM. I am requesting that my amendment mentioned in Section 3, paragraph 3. These are the
be put to a vote. proclamations, orders, instructions, ordinances and
other regulations which are lower in category. We
THE PRESIDING OFFICER (Mr. Bengzon). Will he submit the proposal for comment so that we can file the
please restate his amendment? necessary motion, if needed.
MR. LERUM. My amendment reads: IN CASE OF THE PRESIDING OFFICER (Mr. Bengzon). What
ANY VACANCY, THE SAME SHALL BE FILLED does the Committee say?
WITHIN THREE MONTHS FROM THE OCCUR-
RENCE THEREOF. MR. ROMULO. Commissioner Regalado will reply.
THE PRESIDING OFFICER (Mr. Bengzon). What MR. REGALADO. The Committee actually took into
does the Committee say? account the matter of a presidential decree having the
status of a law. But then, we also took into account that
MR. ROMULO. The Committee accepts the amend- under the Transitory Provisions in the 1973 Constitu-
ment. tion, all presidential issuances were considered part of
the law of the land. While it is true that it is generally
THE PRESIDING OFFICER (Mr. Bengzon). Is there accepted in academic circles that a presidential decree
any objection? (Silence) The Chair hears none; the has the standing of a statutory law, not all people have
amendment is approved. agreed that it should be given that elevated level. The

purpose here of the Committee is to avoid any question
in the future because presidential decrees may eventual-
ly be invoked in cases before the Supreme Court. The
MR. RAMA. Mr. Presiding Officer, Iask that Com-
purpose, therefore, of the Committee is to make it
missionerMaambong be recognized to propose an
specific with due respect to the jurisdiction of the
amendment on Section 3.
Supreme Court to include presidential decrees, pro-
clamations, orders, instructions, ordinances, and other
MR. MAAMBONG. Mr. Presiding Officer and mem-
regulations, just to avoid any question about the cover-
bers of the Committee, I have the intention to propose
age of the jurisdiction of the Supreme Court.
an amendment on line 28, specifically on Section 3,
paragraph 3. I intend to propose an amendment to
MR. MAAMBONG. I just clarified on the
want to be
delete the words “presidential decrees,” but before I do
specific terms on this matter. the thinking of the
Is it
that, I would like to explain in a very short way.
Committee that presidential decrees do not have the
There are several categories of laws as understood by status of statutory law or what is properly known by
lawyers,students, courts and practitioners. The first lawyers, students and judges as “statutes”?
MR. PADILLA. “Statutes” usually refer to Republic MR. DE CASTRO. We have observed that in many
Acts, Commonwealth Acts, Acts of the Philippine Com- instances, several justices of the Supreme Court are
mission, and laws passed by the National Assembly and absent because they go abroad. As a result, there are
usually approved by the President. many pending cases in the Supreme Court. Sometimes
they cannot get a quorum to declare a law or a decree
One paragraph in the Transitory Provisions of the unconstitutional.
1973 Constitution states that all proclamations, pres-
idential decrees, executive orders and letters of instruc- We have limited the number of justices in the
tions shall be valid and effective and shall form part of Supreme Court to 11, so allow me to introduce an
the law of the land. I believe that is the basis for some amendment in continuation of line 18 on Section 3
saying that presidential proclamations have the force (1), which is to add a sentence to read as follows: IN
and effect of law. But I believe there is a real difference NO CASE SHALL THE NUMBER OF MEMBERS
between a statute, like a Republic Act or a Batas Pam- PRESENT BE LESS THAN EIGHT. Thus, only three
bansa that was approved by the National Assembly may be able to go outside the country. I know of a
and a decree or proclamation issued unilaterally by the justice who is always going abroad. To remedy this, I
President especially during the martial law regime. suggest that we push through with my amendment to
add a sentence on line 18, Section 3 (1) on page 1, as
MR. MAAMBONG. I would not go so far as to follows: NO CASE SHALL THE NUMBER OF
IN
categorize presidential with general orders,
decrees MEMBERS PRESENT BE LESS THAN EIGHT.
letters of instructions, letters of implementation and
proclamations. I am more concerned only in presiden- THE PRESIDING OFFICER (Mr. Bengzon). What
tial decrees promulgated by the President in the exercise does the Committee say?
of his lawmaking power. At any rate, in order to
obviate any further discussion, I would like to reiterate MR. ROMULO. The Committee deeply sympathizes
my motion to delete the words “presidential decrees” with the objective of the proponent. However, we
on line 28, Section 3 (3). believe that it may complicate the requirement for a
quorum and so, we regret that we cannot accept the
amendment.
MR. ROMULO. The Committee regrets that we can-
not accept the Commissioner’s amendment.
THE PRESIDING OFFICER (Mr. Bengzon). Com-
MR. MAAMBONG. In view of my serious thinking on missioner de Castro is given a chance to articulate.
this matter, I would like that this be put to a vote.

MR. DE CASTRO. Will the sponsor please repeat the
VOTING ruling of the Committee?
THE PRESIDING OFFICER (Mr. Bengzon). The MR. ROMULO. The Committee sympathizes with the
body will put to a vote the proposed amendment of
Commissioner’s objective, but we cannot accept the
Commissioner Maambong to delete “presidential de-
amendment because it may complicate the requirement
crees” on line 28, Section 1, paragraph 3 on page 1. all the
for a quorum and thus delay the decision of cases
Those in favor of the amendment of Commissioner more.
Maambong, please raise their hand. (Few Members
raised their hand.) MR. DE CASTRO. Precisely, we want to maintain
that quorum especially when there are 1 1 justices
only.
Those against the amendment, please raise their
hand. ( Several Members raised their hand.) A majority plus one is 7, so I propose 8 to be present.
At one time I read in the papers that five justices went
The results show 5 votes in favor and 23 against; to a certain congress and another one went to
the
the amendment is lost. United States for medical treatment, until finally we
had only about 7 or 8 left out of the 15. We are after
MR. RAMA. Mr. Presiding Officer. the resolution of the pending cases in court. If the
Com-
mittee does not accept my amendment, I would request
THE PRESIDING OFFICER (Mr. Bengzon). The that it be put to a vote.
VOTING
MR. RAMA. I ask that Commissioner de Castro be
Bengzon). The
recognized to present an amendment on the same
body will put the amendment to a vote.
section.
de
Those of the amendment of Commissioner
in favor
Castro, please raise their hand. (Few Members
raised
missioner de Castro is recognized. their hand.)
Those against, please raise their hand. ( Several Mem- born” before the word “citizen” on lines 9 and 15 be
bers raised their hand.) deleted?
amendment is lost. BISHOP BACANI. Yes, so that any citizen of the
Philippines with the necessary moral and professional
qualifications can hold any position.
MR. CONCEPCION. I want to explain briefly why

the Committee cannot accept the proposal. There are
other provisions in the Constitution which require, as
one of the qualifications, a natural-born citizen, like,
MR. RAMA. I ask that Commissioner Bacani be for instance, in the Office of the President and in other
recognized to present an amendment to Section 4.
offices. So it is a matter that affects not only the
Judiciary but the entire policy in drafting the Constitu-
THE PRESIDING OFFICER (Mr. Bengzon). Commis- tion. For this reason, we prefer that the Commission
sioner Bacani is recognized. vote on this question. It is intimately related to other
provisions which are beyond the Committee’s jurisdic-
BISHOP BACANI. I propose to delete the term tion.
“natural-born” before the word “citizen” in Section 4,
paragraphs (1) and (2). But before I actually propose
BISHOP BACANI. Yes. When I was proposing my
my amendment, may I just ask the Chairman or any amendments to the Article on Citizenship, I was told
member of the Committee two questions? that the amendments had to be proposed individually
during the period of amendments.
THE PRESIDING OFFICER (Mr. Bengzon). Just two
questions.
VOTING
BISHOP BACANI. Yes, Mr. Presiding Officer.
We
THE PRESIDING OFFICER (Mr. Bengzon). will
Does the term “natural-born” mean that all things now put the amendment to a vote.
being considered, ethical and professional, and qualifi-
cations of the judges, the natural-born citizen Those in favor of the amendment of Commissioner
is con-
sidered better than the naturalized citizen? Bacani, please raise their hand. (Few Members raised
their hand.)
MR. CONCEPCION. We would prefer that the matter Allthose against, please raise their hand. (Several
be voted upon by the Commission. As a matter of Members raised their hand.)
courtesy, we feel that it should be submitted to
the The results show 3 votes in favor and 21 against; the
body.
amendment is lost.
BISHOP BACANI. So, let me just give them the The Floor Leader is recognized.
reason why I submit this amendment. If we fear that a
person who is going to be a judge or a justice may not MR. RAMA. Mr. Presiding Officer, I ask that Com-
yet be fully integrated into the Filipino way of life, missioner Nolledo be recognized.
then we can assure the realization of that factor by
means other than by disqualifying in perpetuum a per- THE PRESIDING OFFICER (Mr. Bengzon). Com-
missioner Nolledo recognized.
son who is not a natural-born citizen from holding any is
of these positions. Besides, if we reserve these positions

only to natural-born citizens we will be classifying our
citizens into two classes. In fact, the equal rights of My amendment is to add a new subsection (3) on
citizens which we considered during the discussions on A MEMBER OF THE JUDI-
Section 4 which reads;
the Article on Citizenship do not apply in this particular CIARY MUST BE A PERSON OF PROVEN COM-
case. Perhaps, if we do not put the term “natural-born” PETENCE, INTEGRITY, PROBITY, AND INDE-
anymore, cases like that of Justice Teehankee will never PENDENCE.
crop up in the future. Before the Committee decides on whether or not to
accept the amendment, I would like to explain it first.
So, I would like to make this amendment an ex-
pression of trust not only in the naturalized citizens, but Mr. Presiding Officer, this is a moral provision lifted
also in the process of naturalizing them which, hope- with modifications from the “Canons of Judicial
fully, will become more thorough in the future. Ethics.” The reputation of our justices and judges has
been unsavory. I hate to say this, but it seems that it has
THE PRESIDING OFFICER (Mr. Bengzon). Is Com- become the general rule that the members of the Judi-
missioner Bacani proposing that the term “natural- ciary are corrupt and the few honest ones are the
exceptions. We hear of justices and judges who would Rodrigo. So, probably, it would be better if we suspend
issue injunctive relief to the highest bidder and would the session and discuss that amendment during the
decide cases based on hundreds of thousands, and even suspension.
millions, mercenary reasons.
The members of the deposed Supreme Court, with a SUSPENSION OF SESSION
few exceptions, catered to the political likings and
personal convenience of Mr. Marcos by despicably THE PRESIDING OFFICER (Mr. Bengzon). The
surrendering their judicial independence. Why should we session is suspended until two-thirty this afternoon.
resist incorporating worthy moral principles in our It was 11:57 a.m.
fundamental law? Why should we canalize our con-
servative thoughts within the narrow confines of pure
legalism? RESUMPTION OF SESSION
I plead to the members of the Committee and to my At 2:37 p.m., the session was resumed.
colleagues in this Constitutional Commission to support
my amendment in order to strengthen the moral fiber THE PRESIDING OFFICER (Mr. Bengzon). The
of our Judiciary. Let not our Constitution be merely a session is resumed.
legal or political document. Let it be a moral document The Floor Leader is recognized.
as well.
Thank you. MR. RAMA. Mr. Presiding Officer, there is a point

of clarification to be made by Commissioner Sarmiento
THE PRESIDING OFFICER (Mr. Bengzon). The on the same provision.
Chair commends Commissioner Nolledo for staying
within the five-minute rule. THE PRESIDING OFFICER (Mr. Bengzon). Com-
missioner Sarmiento is recognized.
What does the Committee say? MR. SARMIENTO. Thank you.

Mr. Presiding Officer, may I ask a clarificatory ques-
MR. ROMULO. First, we wish to make of record that tion of mycommittee, the Committee on the Judiciary.
Commissioner Nolledo has filed with us such a resolu- May I know whether or not the Judicial and Bar Coun-
tion, and we joyfully accept his amendment in the hope cil, an innovative creation of the Committee, has the
that with hisamendment the lawyers in heaven will have power to receive complaints, administrative and criminal,
more than St. Thomas More. against themembers of the Bench and upon finding of a
prima facie case, to prosecute the same before the
MR. NOLLEDO. Thank you, Mr. Presiding Officer. Supreme Court or the Sandiganbayan?
I would mention that Commissioners Napo-
like to I asked the question because a few days ago, after the
leon Rama and Crispino de Castro are coauthors of this Committee on the Judiciary had submitted its report, I
amendment. received a letter from a proper lawyer suggesting that
I also thank the Committee. the Judicial Commission, now the Judicial and Bar
Council, be given the important function of receiving
complaints, administrative and criminal, against the
members of the Bench and upon finding of a prima facie
amendment has been accepted by the Committee.
case, to prosecute the same before the Supreme Court or
Isthere any objection? (Silence) The Chair hears Sandiganbayan. This lawyer, Mr. Presiding Officer, was
none; the amendment is approved. responsible for prosecuting two RTC judges, one of
The Floor Leader is recognized. whom was recently dismissed from the service by the
Supreme Court. Briefly, allow me to read his letter.
MR. RAMA. Mr. Presiding Officer, I move for a
suspension of the session until two-thirty this afternoon. THE PRESIDING OFFICER (Mr. Bengzon). Can we
just incorporate the letter into the Record so that we do
THE PRESIDING OFFICER Bengzon). The

(Mr. not have to read the whole thing, and maybe if the
Chair would like to know whether there are other Com- Gentleman has sufficiently articulated his questions. . .
missioners who have registered to propose their amend-

ments. MR. SARMIENTO. Maybe I need not read the letter
but address the question directly to the members.
MR. RAMA. Yes, Mr. Presiding Officer. Precisely, the
next amendment would be a long amendment on a very THE PRESIDING OFFICER (Mr. Bengzon). Yes,
critical provision to be presented by Commissioner could the Gentleman just address his question directly
to the members of the Committee so that they can class, so much so that we had the highest, the utmost
answer? respect for the Judiciary. Before the declaration of
martial law, we regarded the Supreme Court, up to the
MR. SARMIENTO. May I ask Commissioner Romulo Concepcion Court, with awe and respect. And so why
who was the proponent of this Judicial and Bar Council, should we change this now, merely because of what
his baby? happened during martial law?
Mr. Presiding Officer, I have to concede that the
MR. ROMULO. The and Bar Council resolu-
Judicial
respect and trust of the people in the Judiciary has
tions were also cosponsored by many others, such as deteriorated since the declaration of martial law. First
Commissioners Davide, de los Reyes and Colayco — so
of all, after martial law was declared, there was no more
this is a collective work.
Commission on Appointments; all appointments were
My answer is that under the present wording of the made by only one man, by the dictator.
section it does not explicitly say that. The section goes
Secondly, with the declaration of martial law and
on to read: “It may exercise such other functions and
even after the approval of the 1973 Constitution with
duties as the Supreme Court may assign to it.” It is
the transitory provisions, the security of tenure of the
within the original contemplation of the resolutions
justices and judges was demolished because the Pres-
filed that such an activity may ultimately be handled by
ident, the dictator, could remove any justice or judge by
the Judicial and Bar Council.
the mere expediency of appointing his successor. Not
MR. SARMIENTO. Thank you, Commissioner only that, the President, the dictator, was in office for
Romulo. 20 years, and so for the first time in our history, all the
members of the Supreme Court and of the Court of
THE PRESIDING OFFICER (Mr. Bengzon). The Appeals and a majority of the judges of the lower
Floor Leader is recognized. courts were appointed by just one man. And on top of
that, our economy deteriorated — our currency lost its
MR. RAMA. Mr. Presiding Officer, I ask that Com- value and, consequently, the salaries received by the
missioner Rodrigo be recognized. members of the Judiciary were not sufficient. On top of
that, the example of graft and corruption came from
THE PRESIDING OFFICER (Mr. Bengzon). Com- above and this contaminated the members of our Judi-
missioner Rodrigo is recognized. ciary, but this is not the fault of the system of appoint-
ment under the 1935 Constitution which we found
MR. RODRIGO. Mr. Presiding Officer, I propose the very, very satisfactory.
following amendment: On page 2, line 18, after the Ifwe do not remove the proposed amendment on the
word “President,” insert the words WITH THE CON- creation of the Judicial and Bar Council, this will be a
SENT OF THE COMMISSION ON APPOINTMENTS, diminution of the appointing power of the highest
so that the sentence would read: “Section 5. The mem- magistrate of the land, of the President of the Philip-
bers of the Supreme Court and judges of lower courts pines elected by all the Filipino people. The appointing
shall be appointed by the President WITH THE CON- power who
will be limited by a group of seven people
SENT OF THE COMMISSION ON APPOINTMENTS.” are not elected by the people but only appointed.
Then from the word “from” on line
delete everything
Mr. Presiding Officer, if this Council is created, there
18, page 2, until line on page 3. In other words,
15,
delete the whole provision creating the Judicial and Bar
willbe no uniformity in our constitutional provisions on
Council. appointments. The members of the Judiciary will be
segregated from the rest of the government. Even a
May I explain my amendment, Mr. Presiding Officer? municipal judge cannot be appointed by the President
except upon recommendation or nomination of three
THE PRESIDING OFFICER (Mr. Bengzon). The names by committee of seven people, commis-
this
Honorable Rodrigo has five minutes.
sioners of the Commission on Elections, the COA and
Commission on Civil Service even ambassadors,
MR. RODRIGO. If my amendment is approved, then
. . .
generals of the Army will not come under this restric-

the provision will be exactly the same as the provision tion. Why are we going to segregate the Judiciary from
in the 1935 Constitution, Article VIII, Section 5. the rest of our government in the appointment of the
Our experience under the 1935 Constitution regard- high-ranking officials?
ing appointments to the Judiciary by the President with Another reason is that this Council will be ineffective.
the confirmation of the Commission on Appointments It will just besmirch the honor of our President without
was very satisfactory. From President Quezon on to being effective at all because this Council will be under
Osmefla, Roxas, Quirino, Magsaysay, Garcia, Macapagal the influence of the President. Four out of seven are
and even Marcos before he declared martial law, the appointees of the President, and they can be reap-
appointments to the Judiciary, especially to the pointed when their term ends. Therefore, they would
Supreme Court and to the Court of Appeals, were high kowtow to the President. A fifth member is the Minister
of Justice, an alter ego of the President. Another mem- MR. CONCEPCION. The Judicial and Bar Council is
ber represents the legislature. In all probability, the con- no doubt an innovation. But it is an innovation made in
trolling party in the legislature belongs to the President response to the public clamor in favor of eliminating
and, therefore, this representative from the National politics in the appointment of judges.
Assembly is also under the influence of the President. of
At present, there will be about 2,200 positions
And may I say, Mr. Presiding Officer, that even the judges, excluding those of the Supreme Court, to be
Chief Justice of the Supreme Court is an appointee of filled. We feel that neither the President alone nor the
the President. So, it is futile; he will be influenced Commission on Appointments would have the time and
anyway by the President. the means necessary to study the background of every
one of the candidates for appointment to the various
And on interpellation, the Committee, in answer to
courts in the Philippines, specially considering that we
one of my questions, said that if the Council submits to
have accepted this morning the amendment to the effect
the President the names of three nominees and the Pres-
that no person shall be qualified unless he has a proven
ident does not want to appoint any of those three, the
Council to submit another list of high sense of morality and probity. These are matters
President can ask the
that require time, which we are sure the President does
three. We are inserting here a provision which demeans
members of the not have except, probably, he would have to endorse
the President elected by our people, the
the matter to the National Bureau of Investigation or to
Commission on Appointments, composed of elected And we do
some intelligence agency of the government.
representatives of the people in our legislature.
not think that these agencies are qualified to pass upon
May I have two more minutes? questions of morality, integrity and competence of
lawyers.
THE PRESIDING OFFICER (Mr. Bengzon). Yes, I As regards the implication that we are, in effect,
was going to say that the Gentleman has one minute depriving the President of the, power of appointment,
all
left.
we do consider is the fact that the members of the
Council are all appointees of the President. They
are
they are exercis-
MR. RODRIGO. Why should this council of seven alter egos of the President so, in effect,
ing the power by virtue of the appointment
by the
appointed persons be more powerful than the Commis-
negation or denial or emascu-
sion on Appointments composed of legislators elected President. So, the alleged
lation of the appointing power of the President
does not
by the people.^ Under this proposal, this committee of
really exist since all members of the
Council, except
seven is more powerful than the Commission on Ap-
those who are ex-officio members who,
by the way, are
pointments because while the Commission on Appoint-
all appointees of
ments has the power of later or subsequent censorship, also appointees of the President, are
this committee has the power of previous censorship. the President.
Before the appointment is made, this committee already
censors. THE PRESIDING OFFICER (Mr. Bengzon). The
Committee has two more minutes. Is there anybody
else
Another reason is we will be burdening the Chief in the Committee who would wish to answer?
Justice of the Supreme Court with the burden of the
answer
Judiciary. I think we should not burden him anymore. MR. ROMULO. Commissioner Colayco will
And in practice, the Chief Justice of the Supreme and then I will follow him.
Court will be swamped by people recommending this
Committee
decision of the
in
and that person — from Aparri to Jolo. I know this. This MR. COLAYCO. The
CouncU was finally to
is practical politics. We will drag even the Chief Justice creating the Judicial and Bar
independence of the Judiciary. We
all tal
of the Supreme Court into politics. establish the
about the independence of the three
departments o our
The reason is financial. It was stated by the Com-
last government and everybody knows, including
t e
independent It is the
mittee that we reduce the number of members of the pellator, that the Judiciary is not
Supreme Court from 15 to 11 — one of the reasons President who chooses, names and
appoints the judges,
being to save money. If we create this Council with and who is the President? He is a
politician.
emoluments and allowances — they will have to have an our present Presi en is
that most of us know that
office and personnel — I think the expenditure that we somebody above politics, a lot of rumors
managed to gei
will incur is much, much more than whatever amount going around that politics has somehow
we save by reducing the number of justices from 1 5 to into the present reorganization of
the Judiciary. •
pohtica favors^
11 .
inescapable because the President owes
to acknowledge
Thank you very much. They are not easy to refuse or to fail
the part of the President-elect.
THE PRESIDING OFFICER Thank Judiciary
(Mr. Bengzon). Second, how can we say that the
you very much, Commissioner Rodrigo. pendent when it is the Legislative that ho s an
trols the disbursement of funds to
maintain it.
What does the Committee say?
Third, the Commission on Appointments is not as MR. SARMIENTO. Mr. Presiding Officer, may I add
sincere inits mission to censor the qualifications of the a few words to the comments made by the elders? I am
appointees to the Judiciary as has been mentioned by also a member of the Committee on the Judiciary.
the Honorable Rodrigo because many appointees who
had to pass through the Commission on Appointments THE PRESIDING OFFICER (Mr. Bengzon). The
were witnesses to the fact that some members of the Committee’s time has been exhausted. Commissioner
Commission on Appointments had used it to force the Sarmiento.
appointments of other people as a compromise for the
approval of those who have been already designated by MR. SARMIENTO. May I ask for liberality, Mr.
the President. This was an open secret. Presiding Officer?
So, we felt that the creation of this Council would THE PRESIDING OFFICER (Mr. Bengzon). The
ensure more the appointment of judges and justices who Gentleman may proceed.
will be chosen for their confidence and their moral
qualifications, rather than to favor or to give something
MR. SARMIENTO. Mr. Presiding Officer, this Mem-
in return for their help in electing the President.
ber believes that the creation of the Judicial and Bar
Council is a step in the right direction towards achieving
MR. ROMULO. Mr. Presiding Officer, in approaching
judicial independence. In the 1971 Constitutional Con-
this question of the independence of the Judiciary,
vention, many resolutions were filed — more or less 10
which I do not think anyone will dispute is a necessary
goal, the Committee has used a holistic approach — as if
resolutions —
criticizing the Commission on Appoint-
it were a four-legged stool. One of the essential legs is

ments of the 1935 Constitution as “a highly partisan
the appointment of competent men, honest and so on. bargaining center” — and to quote then Con-Con dele-
gate, now Commissioner Napoleon Rama, the commis-
Another is, of course, the security of tenure. The third
is fiscal independence of the Supreme Court. And if
sion was “an instrument of blackmail.”
any of the legs of the stool is missing, then the stool Other countries have Judicial and Bar Councils in
cannot stand. their constitutions, such as Thailand, Portugal, Spain,
Our experience has been, even with the Commission Italy and the States of Arizona and Alaska. In the book
on Appointments, that politics does get into the picture. entitled — and I would like to share this with my fel-
We have tried to compromise in arriving at a unique low Commissioners — Guide to Current American
system for us by making the Council a composition of Government, we have these statements concerning this
representatives of the three branches of the government legislative commission on appointments, and I quote:
plus a wide spectrum of the private sector, and at the Congress exerts influence over the judiciary in another
same time, without demeaning the power of the Pres- major way — through the Senate’s prerogative to advise and
ident to. appoint because she or he inputs the considera- consent in the President’s selection of candidates for judi-
tions through the Minister of Justice; and the legislature, cial offices, including not only Supreme Court Justices but
on the other hand, is able to express its considerations also other federal court judges. The power to name mem-
through the representatives of Congress. So we have bers of the federal judiciary to well-paid, prestigious life-
what we believe is a good compromise. The Bar, equally time posts is perhaps the strongest patronage lever pos-
for the first time, will be represented and has a definite sessed by an incumbent President. As a result, federaljudge-
say on appointments; and the private sector, as welt as ships traditionally go to persons of the President’s political
the law schools, is given a representative. As we will party despite the stated intention of almost every Chief
notice, the private sector representative need not be a Executive to make nonpartisan judicial appointments.
lawyer. So, as I say, it is a holistic approach.
The last paragraph says:
Finally, the problem of filling a vacancy in the
In apparent contradiction of the American ideal of an
Supreme Court within the three-month limit which we
independent nonpartisan judiciary, the process of selecting
have all accepted, and the fact that the legislature may
federal judges is pure politics. No constitutional guidelines
be in recess, is solved by this provision. I think we have
exist beyond the provision that the President shall
to try something different, something radical because
nominate and with the consent of the Senate, shall appoint
the past has not worked. And insofar as the Committee
judges of the Supreme Court and all other officers of the
is concerned, we can have any form of government we
United States.
like and we are safe, provided we have an independent
and competent Judiciary. The English experience cer- Thank you, Mr. Presiding Officer.
tainly proves this. And if we are trying to bolster the
independence of the Supreme Court, it is because in the
THE PRESIDING OFFICER (Mr. Bengzon). Thank
you.
end it is the Judiciary that will protect all of us. We are
not trying to create an independent republic out of the
MR. RODRIGO. Mr. Presiding Officer, may I also ask
Judiciary, only an autonomous region.
for a little leniency so that I can speak just for half-a-
Thank you. minute.
The Commission on Appointments was mentioned as MENT WITHIN 60 DAYS FROM THE SUBMISSION
an instrument of blackmail. Since nobody is here to OF THE LIST.
defend the Commission on Appointments, I will stand
up in its defense. I was a member of the Commission MR. ROMULO. May I advise Commissioner Davide
on Appointments for 10 years and the record of that that this morning. Commissioner Lerum introduced a
Commission on Appointments, Mr. Presiding Officer, similar amendment with regard only to the Supreme
was excellent. We had a few black sheep once in a while, Court which we have accepted. The amendment pro-
but that was unavoidable in any organization. vides that there be an appointment within three months.
Is the Gentleman suggesting that the period will now
apply to the lower courts?
VOTING MR. DAVIDE. Since there was already an earlier
THE PRESIDING OFFICER (Mr. Bengzon). The amendment with regard to the Supreme Court, this will
body is now ready to vote on the amendment proposed now apply to the lower courts.
by Commissioner Rodrigo.
MR. ROMULO. The sense of the Committee is that
On page 2, line 1 8 of Section 5, after the word “Pres- 60 days is awfully short and that the Council, as well as
“WITH THE CONSENT OF
ident,” insert the phrase the President, may have difficulties with that.
THE COMMISSION ON APPOINTMENTS.” Delete
everything, starting from the word “from” on line 18, MR. DAVIDE. prepared to suggest 90 days so
I am
all the way to page 3 up to line 15, which, in effect,
that the vacancy will not be long, otherwise, the Pres-
eliminates the creation of the Judicial and Bar Council. ident may not also act on the list and, therefore, we will
As many as are in favor of the amendment, please have a vacant court for a long time.
MR. ROMULO. Is making it uniform,
the Gentleman
As many are against, please raise their hand.
as
therefore, for the Supreme Court and the lower courts?

MR. DAVIDE. Yes, uniform.
amendment is lost.
The Floor Leader is recognized. SUSPENSION OF SESSION
MR. ROMULO. May request a suspension of the
Presiding Officer, I ask that Com-
I
MR. RAMA. Mr.
missioner de Castro be recognized for an amendment on session,
Section 6.
Com- session suspended.
THE PRESIDING OFFICER (Mr. Bengzon). is
missioner de Castro is recognized. It was 3:11 p.m.
MR. DE CASTRO. Thank you, Mr. Presiding Officer. RESUMPTION OF SESSION

My amendment is a very minor one on page 3, Sec- was resumed.
and At 3:12 p.m., the session
tion 6 (4), lines 8 9.
(Mr. Bengzon). The

MR. DAVIDE. Mr. Presiding Officer, I have an THE PRESIDING OFFICER
session is resumed.
anterior amendment.
THE PRESIDING OFFICER (Mr. Bengzon). The MR. ROMULO. Mr. Presiding Officer.
Floor Leader is recognized. Com-

MR. RAMA. ask that Commissioner Davide be

I
missioner Romulo is recognized.
recognized for an anterior amendment. Commis-

MR. ROMULO. Mr. Presiding Officer, if the
the Commi ee
THE PRESIDING OFFICER (Mr. Bengzon). Commis- sioner will make it a uniform 90 days,
body to accept
sioner Davide is recognized. accepts and would then leave it to the
the amendment or not.
MR. DAVIDE. I am a member of the Committee but rule.

I am constrained to present this amendment. On page 2, MR. DAVIDE. I am willing to go for a uniform
line 20, between the period (.) after “vacancy” and the
Bengzon). How
word “Such,” new sentence to read as follows;
insert a THE PRESIDING OFFICER (Mr.
THE PRESIDENT SHALL ISSUE THE APPOINT- will the sentence now read?
MR. ROMULO. Could the body suggest the proper As proposed, the whole sentence in Section 6 (4)
wording? will read; “The regular members of the Council shall
receive such emoluments as may be determined by the
THE PRESIDING OFFICER (Mr. Bengzon). Perhaps Supreme Court. The Supreme Court shall provide in its
then the wording of the amendment of Commissioner annual budget the appropriations for the Council.”
Davide will have to be harmonized with the wording of I have explained my reason for the amendment
the amendment of Commissioner Lerum which has
during the debate and interpellations of the Committee
already been passed.
on General Provisions regarding allowances being
considered as double compensation.
MR. DAVIDE. May I request a one-minute sus- does the Committee say?
pension, Mr. Presiding Officer.
MR. CONCEPCION. The Committee will accept the
THE PRESIDING OFFICER (Mr. Bengzon). The amendment.
It was 3:13 p.m. MR. DE CASTRO. Thank you.
THE PRESIDING OFFICER Bengzon). The

(Mr.
RESUMPTION OF SESSION Committee has accepted the proposed amendment.
At 3:14 p.m., the session was resumed. Is there any objection? (Silence) The Chair hears
session is resumed. MR. RAMA. Mr. Presiding Officer.
Commissioner Davide is recognized.
The proposed amendment is a new paragraph to MR. RAMA. I ask that Commissioner Bernas be
Section 5 and it will be placed between lines 21 and 22. recognized to present an amendment on the same
It will read as follows: WITH RESPECT TO
THE section.
LOWER COURTS, THE PRESIDENT SHALL ISSUE
THE APPOINTMENT WITHIN NINETY DAYS FROM THE PRESIDING OFFICER (Mr. Bengzon). Commis-
THE SUBMISSION OF THE LIST. sioner Bernas is recognized.
MR. ROMULO. The Committee accepts. FR. BERNAS. Mr. Presiding Officer, on page 2,
Section 6 (2), lines 29 and 30, the provision says: “The
THE PRESIDING OFFICER (Mr. regular members of the Council shall be appointed by
Bengzon). The
Committee has accepted the amendment proposed by the President for a term of four years.” I would like to
Commissioner Davide. propose an amendment by adding to the sentence the
phrase WITH THE CONSENT OF THE COMMISSION
Is there any objection? (Silence) The Chair hears ON APPOINTMENTS.
The reason for this is, in the exposition made by the
The Floor Leader is recognized. Committee, the purpose of the creation of the Judicial
and Bar Council is to insulate the appointments in the
MR. RAMA. Mr. Presiding Officer, I ask that Com- Judiciary against political influence. However, the com-
missioner de Castro be recognized to make an amend- position of the Judicial and Bar Council does not
ment on Section 6. really insulate it against the political influence of the
President.
THE PRESIDING OFFICER (Mr. Bengzon). Com- So, in effect, we insulate the Council against the
missioner de Castro is recognized. political influence of the legislature, but we do not
insulate it against the political influence of the Pres-
MR. DE CASTRO. Thank you. ident. In fact, we make the political influence of the
As was saying before the Honorable Davide stood

I President prevail because the Council is heavily com-
up for an anterior amendment, I have a minor amend- posed of people appointed by the President.
ment on Section 6 (4), page 3, lines 8 and 9, to delete The requirement of confirmation by the Commission
the clause “and the ex-officio members shall receive on Appointments, which I understand is provided in the
such allowances.” proposal for the legislature, will have the effect of a
check on the discretion of the President in the appoint- MS. AQUINO. The rules of practice and the rules of
ments of the members of the Council. So, we have procedure in court practice are very technical such that
double insulation against political influence. logically we confer upon the Supreme Court the power
to promulgate such rules. Conformably with the for-
THE PRESIDING OFFICER (Mr. Bengzon). What mulation in Section 7 (5), the Committee has vested in
does the Committee say? the Supreme Court the power to promulgate the same
rules. However, even as the Committee has vested in the
MR. ROMULO. Can we have a few minutes? Supreme Court this power — the power to initiate the
rules — it has, likewise, reserved to the National Assem-
The Committee is disposed to accept the amendment. bly the power to repeal and to revoke.
However, I think we would like to point out that
instead of
“
‘THE’ COMMISSION,” the amendment have the sense that when the Committee reserves to
I
would say “A COMMISSION,” since there apparently is the National Assembly the power of repealing and
a question as to what more . . .
revoking, it gives the legislature a mantle of superiority
over the Supreme Court. I would like to propose this
amendment on line 17: Instead of the period (.) after
FR. BERNAS. I would be agreeable to that. That
the word “privileged,” we place a comma (,) followed
would be the sense of my amendment.
by the phrase WITH THE CONCURRENCE OF THE
NATIONAL ASSEMBLY. In other words, it will be a
THE PRESIDING OFFICER (Mr. Bengzon). How full 360-degree swing from granting the
power to repeal
will the whole amendment now read?
and revoke to the National Assembly to just granting it
the power to confirm or concur.

FR. BERNAS. So, the first sentence of Section 6 (2)
(Mr. Bengzon). What
shall now read: “The regular members of the Council THE PRESIDING OFFICER
shall be appointed by the President for a term of four does the Committee say?
(4) years WITH THE CONSENT OF A COMMISSION
because
ON APPOINTMENTS.” MR. ROMULO. We would like a clarification
reads, the Supreme
under the proposed provision as it
Court, in effect, has a veto power. As we understand the
now the National
Committee has accepted the amendment. Commissioner’s proposition, it is
power.
Assembly which will be given the veto
MS. AQUINO. If the intendment of the term “con-
its validity, yes;
The Floor Leader is recognized. currence” is antecedent requisite for
of the odium ot
but I would like to rid the formulation
superior power ol
MR. RAMA. Mr. Presiding Officer, I ask that Com- granting the National Assembly a
missioner Aquino be recognized to present an amend- revoking and repealing.
ment to Section 7. Court can
MR. ROMULO. Yes, but the Supreme
THE PRESIDING OFFICER (Mr. Bengzon). Commis- render that power futile by vetoing it.
sioner Aquino is recognized.

the next
MS. AQUINO. That is so, if we would
retain
delete the sen enc
:ntence, but I was proposing to
MS. AQUINO. Mr. Presiding Officer and the honor- may repeal, alte
hich reads: “The National Assembly
,
able sponsors, Section 7 (5), page 4, line 13, reads: advice and concur-
r rules with the
supplement the said
Promulgate rules concerning the protection and enforce- :nce of the Supreme Court.”
ment of constitutional rights, pleading, practice, and pro-
courts, the admission to the practice of law, that amend-
cedure in all
MR. RODRIGO. Mr. Presiding Officer,
the integrated bar, and legal assistance to the under-
ent was similar to my amendment, but mine
It
privileged.
ive been just to repeal that sentence.
Commissioner
My proposed amendment constitutes a substitution iide from just repealing it, tl^
on line 1 7 and subsequent deletion of the next sentence
which reads: “The National Assembly may repeal, alter,
here is this: There
is
or supplement the said rules with the advice and concur- . AQUINO. My concern
rence of the Supreme Court.” independence a
mtly an overemphasis on the
think is warranted
m
Mr. Presiding Officer, may I be allowed to explain my th of the Judiciary, which I
rinciple of separation of powers.
But as
proposal?
essence o p
pointed out by a colleague, the
only with
THE PRESIDING OFFICER (Mr. Bengzon). The )f powers balances off
_ _ t ¥_ QQ we insulate one
Commissioner has five minutes.
agency, we also give it free play and expose it to the THE PRESIDING OFFICER (Mr. Bengzon). What
dynamics of checks and balances such that I will be does the Committee say?
willing to concede to the National Assembly’s power of
confirming the rules as drafted by the Supreme Court. MR. ROMULO. We accept the amendment of Com-
missioner Aquino, it being understood that both bodies,
MR. RODRIGO. So after deleting that sentence, what the Supreme Court and the Legislature, have their in-
is the phrase that is added after the word “privileged”? herent powers.
MS. AQUINO. After the word “privileged,” place a THE PRESIDING OFFICER (Mr. Bengzon). Is there
comma (,) and WITH THE CONCUR-
insert the phrase any objection? (Silence) The Chair hears none; the
RENCE OF THE NATIONAL ASSEMBLY. My only amendment is approved.
concern is to expand the formulation of giving a possi-
ble impression which would give the National Assembly MR. RAMA. Mr. Presiding Officer.
superiority over the Supreme Court.
MR. RODRIGO. The Commissioner would not want Floor Leader is recognized.
to remove that power completely from the National
Assembly.
MR. RAMA. I ask that Commissioner Maambongbe
recognized.
MS. AQUINO. At first, I had that intention, but as I
have mentioned earlier, I am conceding that power now
MR. MAAMBONG. Thank you, Mr. Presiding Officer.
to the National Assembly if only to allow a full play to
checks and balances. On the same Section 7 (5), page 4, line 23, 1 move to
delete the words “quasi-judicial bodies” so that the pro-
MR. ROMULO. Yes, that is correct. posed sentence would read: “Rules of procedure of
special courts shall take effect upon approval by the
THE PRESIDING OFFICER (Mr. Bengzon). May we Supreme Court.” May I just explain that quasi-judicial
have the comments of the Committee? bodies actually are not inferior courts. Properly, they
belong to the executive department, and I can see no
reason why the Supreme Court should have the power
of approval of the rules of procedure. Parenthetically, I
MR. ROMULO. Mr. Presiding Officer, may we have would like to indicate that in going over the rules of
a suspension, to ask Commissioner Aquino to explain to most quasi-judicial bodies, the last portion always states
us. that the rules of court have suppletory effect on the
rules which we have promulgated. Therefore, I feel that
THE PRESIDING OFFICER (Mr. Bengzon). The the words “quasi-judicial bodies” should not be in-
session is suspended. dicated in this provision and the authority of the
It was 3:26 p.m. Supreme Court to approve any rules should mainly refer
to rules of procedure of special courts and not to quasi-
judicial bodies.
I have stated my motion, Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Bengzon). Before
THE PRESIDING OFFICER (Mr. Bengzon). The the Committee gives its comments. Commissioner de
session is resumed. los Reyes is recognized.
Commissioner Aquino is recognized.
MR. DE LOS REYES. Mr. Presiding Officer, may I
ask if the proponent of the amendment is agreeable to

an amendment to the amendment?
After a conference with the sponsors have agreed - we
on a compromise formulation, Mr. Presiding Officer - MR. MAAMBONG. Gladly, if it would not conflict
the Committee agreed to my proposal to delete the sen- with my own amendment.
tence beginning on line 17 which reads: “the National
Assembly may repeal, alter, or supplement the said rules MR. DE LOS REYES. The rules of procedure of
with the advice and concurrence of the Supreme Court,” be valid unless otherwise disapproved
special courts shall
and in return I am willing to withdraw my proposed by the Supreme Court. That will be reversed.
amendment to incorporate the phrase WITH THE
CONCURRENCE OF THE NATIONAL ASSEMBLY MR. MAAMBONG. Let me understand this correctly.
after the word “privileged.” The sentence would now read: “Rules of procedure of
special courts shall take effect upon approval by the third degree amendments, probably Commissioners de
Supreme Court,” and then the Gentleman will add that los Reyes, de Castro and I could approach the Commit-
provision? tee and formulate the proposed amendment at one time
so that we can save time not talking here on the floor.
MR. DE LOS REYES. No, Commissioner. The
sentence would rather read: “Rules of procedure of THE PRESIDING OFFICER (Mr. Bengzon). Let us
special courts shall BE VALID UNLESS DISAP- first hear the Committee, if it is willing to accept the
PROVED by the Supreme Court.” In other words, in- concept, to begin with.
stead of the rules being effective upon approval, they
are effective unless otherwise disapproved. MR. ROMULO. We are willing to discuss it, Mr.
Presiding Officer.
MR. MAAMBONG. It would amount to the same
thing. I have no objection, but my main point is to SUSPENSION OF SESSION
delete the words “quasi-judicial bodies.”
I might as well add, Mr. Presiding Officer, that
because of the volume of work of the Supreme Court, session is suspended.
I recall very distinctly that the canons of professional It was 3:43 p.m.
responsibility which were submitted to the Supreme
Court back in the ’70s were never acted upon by the RESUMPTION OF SESSION
body. We are still using the canons of professional ethics
and the canons of judicial ethics of the American Bar At 3:47 p.m., the session was resumed.
Association. I think the Integrated Bar and Commis-
(Mr. Bengzon). The
sioner Regalado submitted that canons of professional THE PRESIDING OFFICER
responsibility and the Supreme Court never acted on session is resumed.
these. There are so many quasi-judicial bodies, Mr. recognized.
Commissioner Maambong is
Presiding Officer, and the Supreme Court may not have
the time to go over their rules. But I have no objection
MR. MAAMBONG. Presiding Officer, after
Mr.
into
to the proposition of Commissioner de los Reyes. Committee and after taking

approved, how
(Mr. Bengzon). So, as
does the amendment, as amended, read?
lonsultation with the
:onsideration the proposed
sioner de Castro, I would
his amendment
amendment of
like to ask
to the
o ^
nHment
amendmen .
los Reyes to rephrase
MR. MAAMBONG. May (Mr. Bengzon). Com-

request Commissioner de
I
los Reyes to rephrase the amendment to the amend- recognized.
nissioner de los Reyes is
ment?
MR. DE LOS REYES. Mr.
MR. DE LOS REYES. The amendment, as amended, amendment on 22 to 24, page
lines
wi ,
now reads: “Rules of procedure of special courts special courts an Quasi-

q
lows: “Rules of procedure of EFF^
shall BE VALID UNLESS DISAPPROVED by the
iudicial REMAIN VALID AND Supreme
bodies shall
the
Supreme Court.”
nVE UNLESS DISAPPROVED by
:ourt.”
does the Committee say? Officer it has been
MR. MAAMBONG. Mr. Presiding
the
explained to this Member by
reason for retaining “quasi-judiciai bodies
is t
appeale
actuallymost of the decisions are
MR. DE CASTRO. May I propose an amendment Supreme Court.
to the amendment to include QUASI-JUDICIAL
I now accept the amendment ”
BODIES? “quasi-judici
without deleting the phrase

sioner de Castro, the amendment is to delete the words What
(Mr. Bengzon).
“quasi-judicial bodies,” so we will have to rule on that THE PRESIDING OFFICER
first. Besides, the Gentleman’s amendment is already a Joes the Committee say?
third degree amendment. Can we now have the com-
accepts.
ments of the Committee? MR. ROMULO. The Committee
(Mr.
MR. MAAMBONG.Mr. Presiding Officer, considering THE PRESIDING OFFICER
amendment, as
the statement of the Chair regarding the prohibition on Committee has accepted the
Is there any objection? (Silence) The Chair hears In the case of the former, it would be their outstand-
none; the amendment, as amended, is aj)proved. ing legaland judicial expertise, while in the case of the
latter, administrative or management ability would be
MR. RAMA. Mr. Presiding Officer. of primary concern.
3. The Supreme Court is a collegiate body.
We know that collective authority is less efficient and
less effective in matters of administration and super-
MR. RAMA. ask that Commissioner Guingona be
I vision.
recognized to present an amendment. 4. The Supreme Court already exercises judicial
supervision over the lower courts. If we were to add
THE PRESIDING OFFICER (Mr. Bengzon). Commis- administrative supervision, the concentration of au-
sioner Guingona is recognized. thority in the Supreme Court might affect the growth of
law in the country.
MR. FOZ. Mr. Presiding Officer, point of inquiry.
5. The statements of law practitioners, including
Commissioners Nolledo and Maambong — where Com-
THE PRESIDING OFFICER (Mr. Bengzon). Yes,
missioner de Castro recalled what he called his horri-
Commissioner Foz may please proceed.
fying experience with court operations — indicated that
MR. FOZ.
I would like to ask the Committee whether
such operations had had their share of inefficiency or
neglect. And yet, such undesirable happenings occurred
or not the term “quasi-judicial bodies” includes the
constitutional commissions;
during a period when the lower courts were, in fact,
under the administrative supervision of the Supreme
MR. ROMULO. Yes, I believe they are covered by the Court.
term “quasi-judicial bodies” as long as they have adju-
Notwithstanding these arguments, Mr. Presiding Of-
dicatory functions and rules related thereto.
ficer, thishumble Member would not object strenuously
to the removal from the Supreme Court the administra-
tive supervision over the lower courts. But I feel that
sioner
1. Guingona is recognized.
there is a very strong and compelling argument to con-
MR. GUINGONA. Mr. Presiding Officer, I would like sider where this administrative supervision of lower
to propose an amendment on Section 9 which is as fol- courts should be vested during these times. This argu-
lows: THE ADMINISTRATIVE SUPERVISION
OVER ment the fact that such a provision would work
is
LOWER COURTS SHALL BE PRESCRIBED BY LAW against the interest of justice in this country. There
PROVIDED THAT, UNLESS SO PROVIDED SUCH would be a denial of justice resulting in delays in render-
ADMINISTRATIVE SUPERVISION ing decisions. The Supreme Court, considering the
REMAINS
VESTED
2.
IN THE SUPREME COURT. intensive and extensive work required in administrative
supervision of literally hundreds of lower courts and
May I be allowed to explain?
22,000 personnel, would have no time to attend to this
THE PRESIDING OFFICER complicated work of administrative supervision without
(Mr. Bengzon). Com- sacrificing the principal function of adjudication. It
missioner Guingona has five minutes to explain.
cannot simply wash its hands by saying it delegates this
MR. GUINGONA. There were authority to a court administrator, because in the final
nine Commissioners, vested
including thisMember, that filed Proposed Resolution analysis, it is still the Supreme Court which is
No. 363, wherein we gave the following reasons: with the supervision.
Administrative supervision is fundamentally and May I quote Mr. Toto Olivera in one of his recent
essentially an executive function which is inherent in columns:
the executive and which supports the basic principle It is said the Supreme Court is so swamped with cases
of separation of powers. that not fair
it is to burden the overworked magistrates
The eminent American jurist, Felix with administrative functions.
Frankfurter,
speaking of the court in the case of Coleman v. Miller, In support of this view, proponents of the move to relieve
had observed and I quote: “Our exclusive business is the tribunal of this administrative duty point out that there
litigation.” Our court in the Philippines in the case of are cases still pending adjudication by the Supreme Court
Manila Electric Company vs. Pasay Transportation said: dating back ten years or more.
“It is power and judicial power only which
judicial is
Considering the backlog of cases that exists and the
exercised by the Supreme Court.”
fact that there have been additional authorities granted
Justices of the Supreme Court and Cabinet mem- to the Supreme Court - the right to review cases
bers and other officials differ as to their primary or involving political questions under Section 1, second
principal qualifications. paragraph of the committee report, the appeal by the
state from a judgment of acquittal, the suspension removal of judges was vested in the President. However,
of the privilege of the writ of habeas corpus, and so the 1973 Constitution so wisely provided that super-
forth — it is reasonable for us to conclude that it would vision should be left to the Judiciary because of the
take quite a number of years before the Supreme Court principle of separation of powers and this is the fourth
could dispose of all past cases, assuming that it could leg of the stool I was talking about.
comply with the 24-month mandatory period to render Thank you, Mr. Presiding Officer.
a decision, which I doubt. Also, we are reducing the
number of members from 1 5 to 11.
THE PRESIDING OFFICER (Mr. Bengzon). We will
Justice John Catron of the United States said, and I
put the Commissioner’s amendment to a vote.
quote:
The Constitution is a practical instrument made by MR. GUINGONA. Mr. Presiding Officer, in view of
practical men and suited to the circumstances in which it the manifestation of Commissioner Romulo that the
was intended to operate. Committee members are willing to die for this provision,
I will not ask for a vote.
Obviously, the prevailing circumstances which I have
enumerated do not justify the granting of administrative
supervision to the Supreme Court at this time. So, let
the question as to which body or office should exercise The
administrative supervision over lower courts, whether it
proposed amendment is withdrawn.
is the Supreme Court, the Ministry of Justice or a
separate body to be created by law, be determined by a The Floor Leader is recognized.

legislative enactment or by a direct action of the people
MR. RAMA. Mr. Presiding Officer, ask that Com-
through referendum. Let us not reject the logical and
I
reasonable presumption of regularity in the performance missioner de Castro be recognized.

of official duties. Let us not ignore the political
maturity of our people which was amply demonstrated
their actions before, during and after the February 7 missioner de Castro is recognized.
by
election. Let us always remember the wise words of
MR. DE CASTRO. This is a very minor amendment
Justice Catron that we should include in our Constitu-
tion provisions which would take into account the on Section 0,1page 5, line 5, which is to put a comma (,)
after “incapacitated” and to add AS DETERMINED
BY
circumstances of our times, including, if I may use the
words of Commissioner de Castro, the horrifying num- A GOVERNMENT PHYSICIAN and another comma (,).
ber of pending cases. The reason is that sometimes the incapacitation of an
individual determined by the individual himself; it is
is
therefore, submit, Mr. Presiding Officer, that we

I, difficult to put the matter of determining whether or
should allow the law to determine where the adminis- not an individual is incapacitated on the individual
trative supervision of lower courts should be at a given himself. And yet he is only 67 years old and he con-
time depending upon the circumstances that exist. tinues to work till he reaches the age of 70.
Thank you. In the Forces, incapacitation is determined

Armed
by the medical officer, more particularly the medical
officer of the V. Luna General Hospital. An
individual
the
you. cannot say he is incapacitated. Hence, as amended,
whole section shall read: “The Members of the Supreme
What does the Committee say?
Court and judges of lower courts shall hold office during
MR. ROMULO. The Committee cannot accept the good behavior until they reach the age of seventy years
amendment. This is one provision the Committee is or become incapacitated, AS DETERMINED BY A
We GOVERNMENT PHYSICIAN, to discharge the duties
willing to die for. believe it could set back the
administration of justice 20 years. We deny the major of their office.” The rest of the sentence remains.
premises of the proponent. First, administrative super-
vision of lower courts is not yet an inherent power of
the Judiciary. Second, it would not overload the does the Committee say?
Supreme Court because we have a court administrator
MR. CONCEPCION. am afraid the Committee
who will take care of it. On the contrary, transferring I
matter o
this administrative
supervision to the Minister of Jus- cannot accept the proposed amendment. As a
fact, and I say, fact, the actual practice
has been or
tice would overburden the Minister because he has
the Supreme Court to designate or create a
committee
thousands of prosecutors to supervise. Finally, in the
and submit these records
1935 Constitution it made sense of the power to be of doctors to go over the case
the whole matter and
vested in the Secretary of Justice because under Sections to the Supreme Court to examine
67 and 97 of the Judiciary Act of 1948, the power of make the recommendations.
The court has deemed it best to choose in every case THE PRESIDING OFFICER (Mr. Bengzon). Com-
the doctors who shall probably determine the incapa- missioner Maambong is recognized.
citation of a member or judge to insure impartiality.
MR. MAAMBONG. Mr. Presiding Officer, my pro-

MR. DE CASTRO. In that case, Mr. Presiding Officer, posed amendment refers to the same section mentioned
we can put AS DETERMINED BY THE GOVERN- by Commissioner de Castro. On page 5, line 5, change
MENT PHYSICIAN CHOSEN BY THE SUPREME “seventy” to SIXTY-FIVE. I understand this is a very
COURT, because if we leave it at that, nobody will emotional issue. I do not want to burden the Commis-
determine the incapacity of that member or judge.
sion with the pros and cons of the word “seventy” or
“sixty-five.” I think all the Members are well aware of
MR. CONCEPCION. As I said, it is determined by a the issues on this. So, in the event the Committee does
committee of doctors created by the Supreme Court. not accept the amendment, all I ask is for it to at least
Another thing, the head of clinics is generally engaged discuss before this body in brief the pros and cons of
in the general practice of medicine, whereas the in- the issue so that we can vote thereon. I now formally
capacity may require an intervention of experts in move to change “seventy” to SIXTY-FIVE on page 5,
special lines which are supposed to be related to the line 5.
incapacity in question. So that is the present practice
which is more acceptable.
THE PRESIDING OFFICER (Mr. Bengzon). Is the
proponent insisting on his amendment?
MR. CONCEPCION. The Committee had proposals
to increase the age of retirement rather than to decrease
MR. DE CASTRO. do, because while I agree with the
I
the same. Also, the Committee heard the opinion of the
Honorable Concepcion on his explanation, it must be
present Chief Justice of the Supreme Court and a
stated in the Constitution who really determines the
former Chief Justice, as well as that of the Solicitor
incapacitation of that judge.
General, and considering their experience apart from the
THE PRESIDING OFFICER (Mr. Bengzon). Will the personal experience of the one addressing the Commis-
proponent then please restate his amendment. sion now, it felt that in general the retirement age of 70
years is a fair choice. Many of the present members of
MR. DE CASTRO. Section 10 would now read: “The the Supreme Court are past the age of 65 years. One of
Members of the Supreme Court and judges of lower them is Justice Feria who is 69 years old, but he is one
courts shall hold office during good behavior until they of the most active, most efficient, and most competent
reach the age of seventy years or become incapacitated justices, not to speak of his integrity. There were some,
AS DETERMINED BY A GOVERNMENT PHYSICIAI^ perhaps, in the past, who might have retired from the
to discharge the duties of their office.” The rest of th^ Supreme Court at an earlier age, like Justices Recto and
sentence remains. Laurel. But we all know that they had retired not be-
cause of incapacity but for some other personal reasons.
VOTING In general, the retirement of a majority of those who
left the court below the age of 65 years was due to
THE PRESIDING OFFICER (Mr. Bengzon). We will financial considerations. They could not live adequately
now put the amendment to a vote. and decently on the salary that they were receiving and
which the members of the court are presently receiving.
As many as are in favor of the proposed amendment, I think that seventy is a fair choice. Of course, if we
please raise their hand. (Few Members raised their were to speak about the experience of the American
hand.) Supreme Court, a number of its justices retired at the
As many as are against, please raise their hand. age of 90. But these are, of course, exceptional cases.
show 2 votes
The results in favor and 31 against; the
Committee has two more minutes.
amendment is lost.
MR. ROMULO. Commissioner Suarez would like to

MR. MAAMBONG. Mr. Presiding Officer. comment.
THE PRESIDING OFFICER (Mr. Bengzon). The MR. SUAREZ. Commissioner Maambong will recall
Floor Leader is recognized. that the 1935 Constitution provided that the retirement
age for justices be fixed at 70 years.
MR. RAMA. I ask that Commissioner Maambong be
recognized. MR. MAAMBONG. Yes, I understand that.
MR. SUAREZ. In the 1971 Constitutional Conven- MR. MAAMBONG. agree with that statement, but
I
tion, it was decided to reduce the retirement age from as I mentioned considering that this is rather an
earlier,
70 to 65 years on the theory that many of the judges emotional issue and in order not to burden the Commit-
opted to of 65 years without necessarily
retire at the age tee, I suggest that this issue be submitted to the body
indulging on the assumption that age would reduce their for a vote.
efficiency level.
MR. MAAMBONG. I will not question that state-
ment, considering that the Commissioner was a member VOTING
of the 1971 Constitutional Convention.
MR. SUAREZ. Thank you. And that was the reason amendment is on line 5, page 5, which is to change
which motivated the delegates of the 1971 Constitu- “seventy” to “SIXTY-FIVE.”

tional Convention to propose the reduction of the
As many as are in favor of the amendment, please
retirement age of the judges from 70 to 65 years.
On the other hand — and this is what gives a very As many as are against, please raise their hand.
unsavory characterization to the increase of the retire-
ment age from 65 to 70 years — in the January 1980
elections, a plebiscite question was tacked on the ballot The results show 9 votes in favor and 24 against;
for the local elections which called for the increase in the amendment is lost.
the retirement age of justices and judges from 65 to 70
years, because at that time, the Chief Justice and no MR. RAMA. Mr. Presiding Officer, I ask that Com-
less than four Associate Justices of the Supreme Court missioner Aquino be recognized.
who happened to be former classmates of Mr. Marcos
were approaching the age of 65 years. It was felt by THE PRESIDING OFFICER (Mr. Bengzon). Com-
the Chief Executive that this problem should be met missioner Aquino is recognized.
squarely to allow continuity in the martial law adminis-
tration insofar as its interpretation affected the member- MS. AQUINO. Thank you, Mr. Presiding Officer.
ship in the Supreme Court. May I ask for some clarification on Section 10, page
Is the Commissioner also aware of that situation, 5, lines 3 to 6 because it may need an amendment.
Mr. Presiding Officer? Does the Committee mean the security of tenure
applies only when the position exists? For example,
rnay
MR. MAAMBONG. I am particularly aware of the
the legislature enact a statute declaring an existing
date of its submission in the plebiscite as it was tacked judicial position vacant?
on the 1980 elections ballot because then I ran as
Provincial Board Member of Cebu. But as regards the MR. ROMULO. Yes, the fault here is that the justices
of the reasons there and,
Commissioner’s other statement or judges can only be removed by impeachment
was such submission to the people in the plebiscite, I
therefore, during good behavior they remain in offê
have no personal knowledge. until the age of 70 years or are incapacitated.
On
position and
whether the legislature can abolish their
MR. SUAREZ. In any event, the result was the retire- Section
declare it vacant, the second paragraph of
ment age of judges and justices was increased from 65 to answers that question: “No law shall be passed
reor*
70 years. And the game of political “yo-yo” as far as ganizing the Judiciary when it undermines
security o
affecting the Judiciary was concerned was terminated,
tenure.”
and is sought to be terminated with this proposal to fix
the retirement age of judges and justices from 65 to 70
new MS. AQUINO. Thank you, Mr. Presiding Officer.
years under the Constitution.
paragraph
May ask for a clarification on the first
I
intention
MR. MAAMBONG. Yes, but I would just like to of Section 12 that begins on line 21. Is it the
statement that there is now a general clamor minute resolutions.
inject the of the Committee to prohibit
of the members of the Judiciary, especially in the lower
courts, that the retirement age be reduced to 65 years. MR. CONCEPCION. No.
MR. SUAREZ. That a different matter, Mr. Presid-

is MS. AQUINO. In all cases?
ing Officer. We are only trying to point out that insofar

realizes that
as fixing the retirement age of judges and justices from MR. CONCEPCION. No. The Committee
cour s o
65 to 70 years is concerned, we would like to remove it there are some routine court matters in all
reasons, e
justice which do not require a statement of
i
altogether from its unsavory flavor as experienced
extension of time an e
during the martial law regime. petitions for postponement or
like, in which case, minute resolutions should be MR. MAAMBONG. Anterior amendment, Mr. Presid-
allowed to expedite the administration of justice. ing Officer.
MS. AQUINO. In that case, what are the conse- MR. SUMULONG. Mr. Presiding Officer, anterior
quences of nonobservance of the first paragraph of amendment to Section 1 1.
Section 12?
MR. CONCEPCION. A judge of a lower court would sioner Sumulong is recognized.
be subject to disciplinary action and a member of the

Supreme Court to impeachment proceedings.
MR. SUMULONG. Thank you.
On page 5, Section 11, line 11, AND OF THE

insert
MS. AQUINO. ask this because I was thinking this
I
INTERMEDIATE APPELLATE COURT between
might require statutory implementation. If it is not the “Court” and “in.”
intention of the Committee to prohibit minute resolu-
tions, I think the first paragraph of Section 12 would
On line THEM and on
12, change the word “it” to
be a surplusage. In fact, it might even amount to an in-

OF THE SUPREME
line 15, after “Chief Justice,” insert
sidious assault on the integrity of the Supreme Court by

COURT OR BY THE PRESIDING JUSTICE OF THE
requiring it to articulate or explicate the reasons for its
INTERMEDIATE APPELLATE COURT, AS THE
decision.
CASE MAY BE.
So the two sentences of Section 1 1 will read as
first
MR. CONCEPCION. There is a second paragraph on follows: “The conclusions of the Supreme Court AND
the same section which reads: OF THE INTERMEDIATE APPELLATE COURT sub-
mitted to THEM for decision en banc or in division shall
No petition for review or motion for reconsideration of
be reached in consultation before the case is assigned to
a decision of the court shall be refused due course or denied
a Member for the writing of the opinion of the court. A
without stating the legal basis therefor.
certification to this effect signed by the Chief Justice
We will notice that it refers to a petition for review or OF THE SUPREME COURT OR BY THE PRESIDING
a motion for reconsideration of a court decision which JUSTICE OF THE INTERMEDIATE APPELLATE
affects the subject matter of the merits of the case.
COURT, AS THE CASE MAY BE, shall be issued and a
copy thereof attached to the record of the case and
MS. AQUINO. For petition for review or motion for served upon the parties.”
reconsideration.
May I explain these amendments, Mr. Presiding Of-
MR. CONCEPCION. Yes. ficer.
MS. AQUINO. But if it is explicitly stated in the

record that Section 12, sioner Sumulong has five minutes to explain.
first paragraph, is enforceable as
a ground for impeachment, I am satisfied, Mr. Presiding
Officer. MR. SUMULONG. The Supreme Court is a collegiate
court and so is the Intermediate Appellate Court. It is
MR. CONCEPCION. It is actionable because only natural and logical that the decisions of these
it might
be a violation. collegiate courts should be arrived at after all the
justices shall have studied the case before them and shall
MS. AQUINO. Thank you, Mr. Presiding have deliberated upon the briefs and the oral argument
Officer.
of the parties before a justice is assigned to be the
ponente of the case. If that is true of the Supreme
THE PRESIDING OFFICER (Mr. Bengzon). Thank Court, it should be true also of the Intermediate Ap-
you very much. pellate Court. But I am more concerned about the Inter-
mediate Appellate Court because I know for a fact that
MR. MAAMBONG. Mr. Presiding Officer. many of the divisions of the Intermediate Appellate
Court, formerly the Court of Appeals, simply choose
THE PRESIDING OFFICER (Mr. Bengzon). The one of their members to make a draft decision and then
Floor Leader is recognized. just pass this draft decision to the other members of the
division for their concurrence and signature. So only
MR. RAMA. I ask that Commissioner Bernas be one justice studies and decides the case. That is the
recognized. reason for proposing my amendment on Section 1 1 so ,
that the provisions contained therein will apply not only

THE PRESIDING OFFICER (Mr. Bengzon). Commis- to the Supreme Court but also to the Intermediate Ap-
sioner Bernas is recognized. pellate Court. As a matter of fact, Mr. Presiding Officer,
I know of many cases where lawyers and litigants the Court of Tax Appeals have to follow the same
appealed cases to the Court of Appeals or the Inter- requirements.
mediate Appellate Court knowing that the practice is
for a division to select one member to make a draft MR. SUMULONG. Is that the clear intent and pur-
decision and let the other members concur. Many pose of this Section 1 1 , Mr. Presiding Officer?
lawyers use fixers to find out who makes the draft
decision, and they concentrate their pressure on that MR. REGALADO. Yes, Mr. Presiding Officer.
justice of the Court of Appeals. This is a practice that
should be terminated as early as possible, and I think MR. SUMULONG. I am satisfied, Mr. Presiding Of-
this provision contained in Section 1 1 will be the solu- ficer.
tion by applying it not only to the Supreme Court but
also to the Intermediate Appellate Court. THE PRESIDING OFFICER (Mr. Bengzon). So the
Thank you, Mr. Presiding Officer. proposed amendment of Commissioner Sumulong is
withdrawn?
Chair thanks Commissioner Sumulong. MR. SUMULONG. Yes, Mr. Presiding Officer, I am
May we have the comments of the Committee. satisfied with the explanation of the Committee.
MR. ROMULO. Commissioner Regalado will reply. THE PRESIDING OFFICER (Mr. Bengzon). The
MR. REGALADO. Mr. Presiding Officer, we all share
the concern of the honorable Chairman of the Commit- MR. SUMULONG. Mr. Presiding Officer, I have
tee on the Executive. We also know those alleged another amendment on Section 12, second paragraph.
practices in the Intermediate Appellate Court, however,
I would make two comments on that point.
MR. RAMA. Mr. Presiding Officer, there is an ante-
The Intermediate Appellate Court is a statutory rior amendment by Commissioner Maambong.
court, not a constitutional re-created court. If we
mention here specifically the Intermediate Appellate
Court, then it becomes part of the Constitution, sioner Maambong is recognized.
although the fact is the Intermediate Appellate Court

may also be abolished merely by statute later. MR. MAAMBONG. Mr. Presiding Officer, members of
of
the Committee, I am just following up the statements
Second, because we appreciate and fully share the Commissioner Sumulong regarding Section 1 1 The .
concern of Commissioner Sumulong, we added this second sentence of Section 1 1 says:

sentence: “The same requirement shall be observed by
A certification to this effect signed by the Chief Justice
all lower collegiate courts,” which means that the Inter- record of
shall be issued and a copy thereof attached to the
mediate Appellate Court and the Sandiganbayan, which
the case and served upon the parties.
are collegiate courts, have to follow the same require-
certification,
ments that their decisions shall be reached at only after I am not quite clarified on the word
that this certification contains
two
consultation before a case is assigned to a member for but I take it to mean
the writing of the opinion with the corresponding certi- things: (1) that there was a consultation
and (2) that the
assigned to a member.
fication of the highest magistrate of that particular writing of the court’s opinion is
mentioned that with t is
collegiate body. By the way, there may be a little typo- Commissioner Sumulong just
might go to t a
graphical error on line 19. It should be “The same assignment to a member, some parties
him in some way,
requirements shall be observed by all lower collegiate particular member and influence
thereof sha e
courts.” because it is also stated that a copy
attached to the record of the case and served upon e
MR. SUMULONG. Do I understand this last sentence parties.

which will read: “The same requirements shall be ob- require-
Iwonder, Mr. Presiding Officer, whether this
served by lower collegiate courts” will require the
all certification
ment of serving the parties a copy of the
Intermediate Appellate Court, the Sandiganbayan, the has been assigned
that the writing of the court’s opinion
Court of Tax Appeals and all other collegiate courts to a speci
to a member is necessary. And I am now making
follow the rule established in Section 1 1 and that these the case and serve
fic motion to delete the words “of
collegiate courts are not allowed to assign the prepara- statemen
upon the parties” on line 1 6, in line with the
tion of a draft decision to one justice alone and have it
indica e o
of Commissioner Sumulong that this might
concurred by the other justices to reach a decision? writing the cour s
the party-litigant who the member
decision is.
MR. REGALADO. Yes, Mr. Presiding Officer, the
Officer.
Intermediate Appellate Court, the Sandiganbayan and I so move for the deletion, Mr. Presiding
THE PRESIDING OFFICER (Mr. Bengzon). What members of the Committee have heard followed by
does the Committee say? some courts. There must be not only a consultation but
also a certification of the consultation which must be
MR. SUMULONG. would like
Mr. Presiding Officer, I attached to the record of the case.
to propose an amendment to the amendment proposed
by Commissioner Maambong, and this refers also to the With respect to the amendment proposed by Commis-
second sentence of Section 1 1 which partially reads: “A sioner Maambong, the purpose of that is precisely in
certification to this effect signed by the Chief Justice...”
response to the demands of other members of the Com-
mittee, that unless it is attached to the records and
It seems that this section is applicable only to the
copies served upon the parties, the public would not
Supreme Court, so I would like to propose that after
the words “Chief Justice,” we insert OF THE SUPREME know when the function has been performed, so we
COURT OR BY THE PRESIDING JUSTICE OF ANY can forestall any attempt in the future for the court to
OTHER COLLEGIATE COURT, AS THE CASE MAY say that it was not submitted or discussed until some
BE. other time.
This one of the things we are providing to insure

is
MR. MAAMBONG. Mr. Presiding Officer, I cannot that failure of judges to comply with the provisions of
accept the amendment considering the explanation of the Constitution shall be actionable on the basis of the
Commissioner Regalado. Actually, the situation con- certifications made by them particularly and specifically.
templated by Commissioner Sumulong is covered by the
last sentence of the same section which reads: “The
same requirements shall be observed by all lower col- MR. MAAMBONG. Mr. Presiding Officer, I have no
legiate courts.” I think that covers all collegiate courts difficulty on that portion of the certification, but from
below the Supreme Court. my understanding . . .
MR. SUMULONG. I am referring, Mr. Presiding Of- MR. ROMULO. For clarification, our intention is not
ficer, to the phrase “A certification to this effect signed to name the member who will write the decision but
by the Chief Justice. .
.” which does not seem to cover only to specify that the writing of the court’s decision is
all collegiate courts but only the Supreme Court. assigned to a member of the court.
THE PRESIDING OFFICER (Mr. Bengzon). Can we MR. MAAMBONG. In that case, Mr. Presiding Of-
have the comment of the Committee on that so this ficer, I think this needs clarification because when the
whole question can be clarified? certification says that the case is assigned to a member,
we have to specify in the certification who the member
MR. CONCEPCION. Mr. Presiding Officer, originally is.
I had proposed the words “Presiding Judge,” but the
If we stop right here on line 16, which states: “... shall
members of the Committee preferred “Chief Justice.”
But when it says “the same requirement,” it does not be issued and a copy thereof attached to the record of
the case...,” there is no serious difficulty. But when we
necessarily refer to the Chief Justice but to the Presiding
say “and served upon the parties,” the parties now
Judge. That is the implication.
would know who the member assigned to write the
opinion of the court is. And it has been stated clearly by
MR. SUMULONG. Do I understand from the dis-
Commissioner Sumulong that this may be dangerous,
tinguished Chairman of the Committee on the Judiciary
considering that party-litigants may use influence.
that the last line of this Section 1 1 means
that with
respect to lower collegiate courts, the certification
wUl MR. ROMULO. As we
be made by the presiding justice? said, that is not the intention.
However, even if we do not serve the party with a copy
MR.^ CONCEPCION. I would prefer to use “Presiding of the certification, once it is attached to the record of
Judge” because there is a tendency to call everybody a the case, the lawyer has a right to look at the expedien-
te. so he will find out anyway. I hope the Commissioner
justice. That may be changed in the future. So
the
presiding judge should make the certification.
would suggest a better word. We merely wish the certi-
fication to state that a member has been assigned to
write the court’s decision. We do not wish to identify
him.
question of Commissioner Sumulong has been answered
in the sense that the last sentence covers the point he is
MR. MAAMBONG. Yes, that would be best, but I am
referring to. not in a position to suggest how the Committee would
reword it in such a manner that the name of the justice
MR. CONCEPCION. This requirement of the cer- assigned to write the court’s opinion would not be
tification by the Presiding Judge has been deemed identified in the certification. I leave that to the
necessary precisely to forestall the practice which the Committee.
However, would like to restate my primary amend-

I MR. REGALADO. Gentleman wants it to be a
If the
ment to delete the words “and served upon the parties” little stronger and in a more mandatory manner, I think
on line 17. the Committee will have no objection to changing the

word “shall” to MUST.
MR. ROMULO. The Committee cannot accept the
amendment because one of our main objectives is MR. MAAMBONG. Then, I so move, Mr. Presiding
precisely to advise the parties with regard to the period Officer, to change the word “shall” to MUST with the
because we would like it to be actionable later on. following clarification: If it is already acceptable to the
Committee that when a member who dissents or
abstains will not indicate his reasons, would that be a
MR. MAAMBONG. Mr. Presiding Officer, if the
nonfeasance in the performance of official duty?
understanding that in the certification to be served
is
to the parties the name of the justice assigned to write

the opinion of the court is not identified, then I
MR. REGALADO. That would be a culpable viola-
tion, unless he explains why he was not able to indicate
withdraw my amendment.
his reasons. In the rules on impeachment, it is not only
a violation of the Constitution but a culpable violation
MR. ROMULO. That is the understanding.
thereof. So, if despite this directive which is about the
strongest we can use without ruffling the sensibilities of
MR. SUMULONG. Mr. Presiding Officer, with the
the word “must” —
the members of the Supreme Court
explanation of Chairman Concepcion, I am satisfied
is already an indication of the mandatory nature of that
and I withdraw my amendment to the amendment.
requirement — and they have no reason whatsoever for
not complying therewith then it is not only a violation,
THE PRESIDING OFFICER (Mr. Bengzon). Commis- but a culpable violation, without prejudice to such
sioner Maambong has withdrawn his amendment to the action as may be taken against him by his own peers in
amendment which is to delete the phrase “and served the Supreme Court.
upon the parties” on the understanding that the name
of the justice will not be identified. MR. MAAMBONG. Just one final point, Mr. Presiding
Officer. Could a justice just say on the bottom of the
MR. MAAMBONG. Thank you, Mr. Presiding Officer. decision, “I take no part,” then sign it?
I will proceed to the last sentence which reads:

MR. REGALADO. He has to say, for instance, “I
Any Member dissenting or abstaining from a decision shall
take no part because I am disqualifying myself for
the
state the reason for his dissent or abstention. reasons
following reasons,” and some of them are the
We aware, Mr. Presiding Officer, that there are
are all for disqualification from participation.
so many decisions of the Supreme Court mentioned in
the Philippine Reports and the Supreme Court Reports, MR. MAAMBONG. Thank you.
Annotated^ wherein a member merely mentions, “I con- ”
cur” and sign or “I abstain” and sign or “I dissent” and MR. REGALADO. But if he just says, “no part
sign. considering the mandatory nature, that would already
be a violation.
Before I propose any amendment, I would like to
know from the Committee if this sentence means last MR. MAAMBONG. Thank you, Mr. Presiding Officer.
that a member of the court who dissents or abstains
should state, as a matter of a mandatory requirement, THE PRESIDING OFFICER (Mr. Bengzon). The
the reason for his dissent or abstention, or, could a Floor Leader is recognized.
member who dissents or abstains just do the usual thing
and place there, “I dissent” or “I abstain,” then sign? MR. RAMA. I ask that Commissioner
Bernas be
recognized.
MR. REGALADO. We will make it mandatory. May I
explain? The line here says: “Any Member dissenting MR. SUMULONG. Mr. Presiding Officer.
or abstaining from a decision shall state the reason for
(Mr. Bengzon). Com-
his dissent or abstention.” This is to eliminate the THE PRESIDING OFFICER
practice of just saying “no part,” and then, he places missioner Sumulong is recognized.
therein his initials or comment “I dissent.” The Gentle-
just address a few ques-
man wants it to be more or less mandatory because of MR. SUMULONG. May I
regar mg
the phrase “shall state the reason for his dissent or tions to the Committee on the Judiciary
abstention.” paragraph 2 of Section 1 2?
MR. MAAMBONG. I just would like to know the pucciTVTMr, OFFICER (Mr. Bengzon).
We are
intention, Mr. Presiding Officer. ™ pertod anfentaent^ Commissioner

Sumulong.
MR. SUMULONG. Yes, Mr. Presiding Officer. This MR. CONCEPCION. That is right. The reasons must
will determine whether I will propose an amendment or be stated.
not. I want to know whether this provision which says
“No petition for review .” . . MR. SUMULONG. Would it not be enough just to
say, “denied for lack of merit”?
sioner Sumulong, we have to dispose of that amendment MR. CONCEPCION. No. The reasons must be stated.
accepted by the Committee changing the word “shall”
to MUST on line 18. MR. SUMULONG. That would not be sufficient be-
Do we have any objection from the floor? (Silence) cause that happens several times. We file a petition for
The Chair hears none; the amendment is approved. review by certiorari which is an appeal to the Supreme
Court discussing the facts and the laws involved, but
MR. CONCEPCION. Mr. Presiding Officer, I would when the resolution comes to us, it simply says, “Reso-
prefer to eliminate the word “MUST.” Perhaps, I would lution/petition denied for lack of merit.”
prefer to say: NO MEMBER OF THE COURT MAY
DISSENT OR ABSTAIN UNLESS HE STATES THE MR. CONCEPCION. That is it. That is not enough.
REASONS FOR HIS DISSENT OR ABSTENTION. The It must state why.
word “MUST” in dealing with the courts is somewhat
strong.
MR. SUMULONG. That would not be enough.
THE PRESIDING OFFICER (Mr. Bengzon). Can we

MR. ROMULO. It would not be enough.
not leave that to the Committee on Style?
MR. CONCEPCION. The reasons are there.
MR. CONCEPCION. Of course.
MR. SUMULONG. The reasons and the facts in
MR. SUMULONG. Mr. Presiding Officer. support of the resolution have to be given.
THE PRESIDING OFFICER (Mr. Bengzon). Yes, MR. CONCEPCION. Not anymore, while it is neces-
Commissioner Sumulong is recognized. sary to state.
MR. SUMULONG. Mr. Presiding Officer, I just wish MR. SUMULONG. It has to be stated.
topropound a question to the Committee regarding the
meaning of paragraph 2, Section 1 2, which reads: MR. CONCEPCION. Yes.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or THE PRESIDING OFFICER (Mr. Bengzon). The
denied
without stating the legal basis therefor. question has been answered.
Mr. Presiding Officer, in several cases that
I have MR. SUMULONG. I am satisfied. Thank you.
handled - and I think this is true also of the
other
lawyers who are Members of this Commission -
ing motions for reconsideration or
regard- THE PRESIDING OFFICER (Mr. Bengzon). Thank
petitions for review, you very much.
we sirnply receive a resolution saying
“denied for lack of
merit.” Is that enough to comply with this paragraph 2 The Floor Leader is recognized.
y b v ,
Section 12?
MR. RAMA. I ask that Commissioner Bernas be
MR. CONCEPCION. This is precisely in response to recognized.
the clamor against minute resolutions affecting
merits.
MR. SUMULONG. So, if the resolution simply says, sioner Bernas is recognized.
“denied for lack of merit,” that does not comply with
this? FR. BERNAS.Mr. Presiding Officer, this has refer-
ence to page Section 12, and my proposed amend-
5,
MR. CONCEPCION. It depends upon what is being ment is the deletion of lines 27 to 32. A similar proposal,
resolved. If it motion
is a for extension of time, a not exactly the same, was given to the Committee on
motion for postponement or any of the routine matters, Citizenship, Bill of Rights, Political Rights and Obliga-
it need not be reasoned out.

tions and Human Rights, but this was not accepted.
Let me just explain the reasons why I am asking for

MR. SUMULONG. am
only referring to a motion
I the deletion of this paragraph. First of all, I would like
for reconsideration or a petition for review, an appeal to state that, as worded, it does not change the existing
by certiorari to the Supreme Court. doctrine on double jeopardy. My understanding in the
adoption of double jeopardy is that two things must the only limitation in our rules of court, both 1 964 and
be established: the first jeopardy attached and the 1985, against an appeal is when such appeal would
,
first jeopardy terminated. And the termination of violate the principle of double jeopardy.
jeopardy is either by conviction or by acquittal. We have It is contended that not necessary, but actually it
it is
decisions saying that if the acquittal is rendered by a is necessary to many obscure notions of
clarify the
court that exercises grave abuse of discretion amounting many people, including those learned in the law, that
to lack or excess of jurisdiction, it is not an acquittal at any judgment of acquittal is final and not appealable.
all, so that pursuing the case is not pursuing a new case;
This, precisely, explains the common erroneous im-
it is not putting a person in second jeopardy, but simply
pression that there can be no appeal or no review when
pursuing the same jeopardy. And the idea being that, the judgment is one of acquittal, regardless of whether
while the accused has a right to a day in court, the there is lack of jurisdiction or there is grave abuse of
people have also a right to a day in court. If there is an discretion amounting to lack or excess of jurisdiction.
abuse of discretion amounting to lack or excess of juris- And this provision does not contemplate any new pro-
diction, it means that the people have not had a day in ceeding. As I stated yesterday, quoting Justice Holmes
court. The basic reason, therefore, why I ask for its in the Kepner case and later Justice Cardoso in the
deletion is that: 1) it is not necessary; and 2) while it is Palko V. Connecticut case, even those cases would enter-
not necessary, keeping it here can be very harmful. I say tain a new trial. And yet according to those decisions,
it is not necessary because, as I have already explained, there is no violation against the immunity or the
what is stated here can be done even without this pro- protection against double jeopardy.
vision. It was done in the case of People vs. Pablo,
In this reworded by the Committee, its
case, as
decided in 1 980. It was also done in the case decided last
provision is very restrictive because it does not con-
week, the Veridiano case.
template a new trial. Only the records are open to
My principal objection to this is if we wave the flag review in exceptional cases, and only in the discretion
saying that acquittals may be appealed, even under this of the Supreme Court on specific grounds, manifest dis-
very detailed explanation, and when we consider that regard of the evidence and grave abuse of discretion. So,
only the Supreme Court has jurisdiction over this, then this is not harmful; this is beneficial to a sound adminis-
we could be subjecting an accused individual to a very tration of justice. While we must protect the accused
serious danger of harassment from a prosecutor who is especially against double jeopardy, we cannot disregard
proud, perhaps, or who has a grudge against the defense the interest of the victims of the crime, the offended
or from a complainant who just wants to harass an party, for a sound administration of justice.
individual even if he has already been acquitted. So, I
grant that there may be certain cases where the Supreme THE PRESIDING OFFICER (Mr. Bengzon). The
Court makes a mistake in an acquittal. The harm, how- the
Chair will give one minute to the proponent of
ever, which will follow from waving this flag of possibil- amendment to close his remark.
ity of appeal and, therefore, almost inviting appeal from
irresponsible prosecutors, could be much more than FR. BERNAS. Yes. As I said, I agree that this
does
I am
letting a guilty person go. So, in the interest of making not change the doctrine on double jeopardy. What
saying is that there will be many lawyers who
valid acquittals final and in the interest of creating a wUl rea
which could invite harassment, I would ask double jeopardy. Yes er-
situation this as a change on the rule on
that lines 27-32 be dropped. day, we listened to the impassioned speech of
Commis-
certainly the substance
sioner Rustico de los Reyes, and
on e
MR. ROMULO. Commissioner Padilla will reply. of his speech was that he read this as a change
for an
doctrine of double jeopardy, therefore, allowing
MR. PADILLA. The legal reasons given by Commis- How many fiscals will
appeal. read it the same way or
sioner Bernas would justify this paragraph rather than how many offended parties will read it the same w^ as
its deletion, because he says that this paragraph does not
those in
Commissioner Rustico de los Reyes? It is
violate the principle of double jeopardy, that there instances where we can have a serious danger of harass-
open the gate for e
must be a start and a termination of jeopardy, and that ment. Removing this will still
if it is in the same case, there is no violation of double State to make a position for review on certiorari on e
to lack or excess
jeopardy. So, those very same reasons for deletion are basis of abuse of discretion amounting
provision now
the good reasons for inclusion of this provision. of jurisdiction. As a matter of fact, this
and for le ac
The case of Veridiano that mentioned yesterday, makes it more difficult for the State
I
enough to reopen
which involved judgment of by the regional
acquittal cused because under present law, it is
a amoun in
the case, grave abuse of discretion
there
trial court reversing a decision of conviction by the
if is
this par icu
municipal trial court, has clearly held that the petition to lack or excess of jurisdiction. In
^ *
provision, there is an additional requirement
by the fiscal or by the state, not as a matter of right but e
manifestly against the evidence. And
precise y,
in the discretion of the Supreme Court, is in accordance
will be situations that the decision is
not es y mam
with the law that protects an accused from double is grave
because there
jeopardy, because there is no such double jeopardy, and against the evidence precisely
abuse of discretion in the manner in which it was ran. privileges than the other. If we give it to one, we better
So, it makes it more difficult for the State and for the give all. Very soon, the senators, congressmen and
it to
offended party to reopen a case because of that require- even the President might clamor for the same privilege.
ment. So, because of this, it would seem to me that it So, I believe that the justices and the judges should
would be for the best interest of the State and for the share in the burden of generating the necessary income
offended party and also for the protection of the needed for the support of our government and must pay
accused that this be removed. their taxes as honestly as possible. If there is any group
of people that should be exempted from paying its
VOTING income taxes, it should be the teachers, the janitors, the
security guards and others whose salaries are dismally
THE PRESIDING OFFICER (Mr. Bengzon). I think small. But I think the justices and the judges can be
the issue has been amply discussed. The body should magnanimous enough, if we are to ask them to pay their
now vote on the issue. The amendment is the deletion income tax.
of the paragraph from line 27 to line 32.
As many as are in favor of the amendment, please THE PRESIDING OFFICER (Mr. Bengzon). What
raise their hand. (Several Members raised their hand.) does the Committee say?
As many as are against, please raise their hand. (Few
Members raised their hand.) MR. REGALADO. Mr. Presiding Officer, under the
1935 Constitution, the provision was that during their
The results show 17 votes in favor and 12 against; continuance in office, the salaries of judges and justices
the amendment is approved. shall not be diminished. And it was understood to mean
This paragraph is deleted. that it was not subject to income tax.
The Floor Leader is recognized. In the 1973 Constitution, according to Commissioner

Jamir here, although they had also intended that the
MR. RAMA. Mr. Presiding Officer, I ask that Com- salaries would not be subjected to income tax, the word
missioner Aquino be recognized. “diminished” was changed to “decreased” resulting in a
different interpretation.
sioner Aquino is recognized. In explaining the 1935 Constitution and our pro-
vision that the salaries shall not be diminished while in
MR. RAMA. There is an anterior amendment on office and that thereby the Constitution was not creat-
Section 14. ing a privileged class of people who enjoy income tax
exemption unlike the others, the Supreme Court in
THE PRESIDING OFFICER (Mr. Bengzon). Excuse Perfecto vs. Meer, Volume 85 of Wvq Philippine Reports,
me. There is an anterior amendment. page 552, stated, and I beg the Gentleman’s indulgence
Commissioner Rigos to get their explanation:
is recognized.
. .the independence of the judges is of far greater im-
.
REV. RIGOS. Mr. Presiding Officer, on Section 13, portance than any revenue that could come from taxing
page 6, line 3, which begins with the following: “During their salaries. The exemption of the judicial compensation
their continuance in office, their salary shall not be from reduction is not in any true sense a gratuity, privilege
diminished nor subjected to income tax,” the amend- or exemption. It is essentially and primarily a compensa-
ment is to change the word “diminished” to DE- tion based upon valuable consideration.
CREASED and to delete the words “nor subjected to
I will jump to the other points:
income tax.”
On the other hand, the members of the judiciary relinquish
THE PRESIDING OFFICER (Mr. Bengzon). So, the their position at the bar with all its professional emolu-
amendment to change the word “diminished” toTiE-
is ments, sever their connections with their clients, and
CREASED” and to delete the phrase “nor subjected to dedicate themselves exclusively to the discharge of the
income tax.” What does the Committee say? onerous duties of their high office. So, it is irrefutable
that the guarantee against a reduction of salary by the
imposition of a tax not an exemption from taxation
is in
the sense of freedom from a burden or service to which
others are liable. The exemption for a public purpose or a
REV. RIGOS. I understand that
was in the 1935 this
valid consideration is merely a nominal exemption, since
Constitution but was deleted in the 1973 Constitution;
the valid and full consideration or the public purpose pro-
for what reasons, I cannot now recall. But at any rate,
moted is received in place of the tax.
remember is that if we are to give substance
the thing to
to equalityamong the three branches in the govern- And the Supreme Court of the Philippines relied on
ment, one of the branches should not be given more the same practice in the United States as explained in
the case of Evans v. Core, Volume 253 of the United THE PRESIDING OFFICER (Mr. Bengzon). The
States Reports, page 245. session is suspended.
That was their explanation. It was 5:10 p.m.
REV. RIGOS. Mr. Presiding Officer, we would like

to put it to a vote on the floor. RESUMPTION OF SESSION
FR. BERNAS. May I be allowed to say a few words At 5:33 p.m., the session was resumed.
in support of the amendment?
MR. RAMA. Mr. Presiding Officer, may I ask that session is resumed.
Commissioner Bernas be recognized. The Floor Leader is recognized.
THE PRESIDING OFFICER (Mr. Bengzon). Com- MR. RAMA. Mr. Presiding Officer, I ask that Com-
missioner Bernas, is this in support of the amendment? missioner Rigos be recognized.
FR. BERNAS. This is in support of an amendment to THE PRESIDING OFFICER (Mr. Bengzon). Commis-
the amendment with the request for a modification of sioner Rigos is recognized.
the amendment.
REV. RIGOS. Mr. Presiding Officer, I reiterate my
THE PRESIDING OFFICER (Mr. Bengzon). So, will
proposed amendment on Section 13, page 6, lines 3 to
the Commissioner propose an amendment to the amend-
5 “During their continuance in office, their salary shall
;
ment? not be decreased” and place a period (.), then delete the
words “nor subjected to income tax.”
FR. BERNAS. Yes. I am going to propose an amend-
ment to the amendment saying that it is not enough to
drop the phrase “shall not be subjected to income tax,” THE PRESIDING OFFICER (Mr. Bengzon). May we
have the reaction of the Committee?
because if that is all that the Gentleman will do, then
he will just fall back on the decision in Perfecto vs. Commissioner Jamir is recognized.
Meer and in Dencia vs. David which excludes them from
income tax, but rather I would propose that the state- MR. JAMIR. not in a position to announce the
I am
ment will read: “During their continuance in office, decision of the Committee. Let us wait; our Chairman
their salary shall not be diminished BUT MAY BE SUB- is coming.
JECT TO GENERAL INCOME TAX.” In support of

this position, would say that the argument sdems to be
I
THE PRESIDING OFFICER (Mr. Bengzon). I under-
that the justices and judges should not be subjected to stand from Commissioner Romulo that an agreement
income tax because they already gave up the income has already been reached.
from their practice. That is true also of Cabinet mem-
Commissioner Romulo is recognized.
bers and all other employees. And I know right now, for
instance, there are many people who have accepted
employment in the government involving a reduction of
MR. ROMULO. No; Commissioner Bernas will now
income and yet are still subject toincome tax. So, they propose his amendment to the amendment. That is
the parliamentary situation.
are not the only citizens whose income is reduced by
accepting service in government.
REV. RIGOS. I accept the proposed amendment to sioner Bernas is recognized.
my amendment.
FR. BERNAS. During the suspension, we came to an
MR. DE LOS REYES. Mr. Presiding Officer. understanding with the original proponent. Commis-
sioner Rigos, that his amendment on page 6, line 4
THE PRESIDING OFFICER (Mr. Bengzon). What is

would read: “During their continuance in office, their
salary shall not be DECREASED.” But this is on
the
the pleasure of Commissioner de los Reyes?
understanding that there will be a provision in the
Constitution similar to Section 6 of Article XV,
the
SUSPENSION OF SESSION General Provisions of the 1973 Constitution,
which
says:
MR. DE LOS REYES. I move for a few minutes’
suspension just to confer with the proponent of the No salary or any form of emolument of any public
shall
amendment and the proponent of the amendment to officer or employee, including constitutional officers,
the amendment. be exempt from payment of income tax.

So, we put a period (.) after “DECREASED” on the MR. CONCEPCION. What portion would the Com-
understanding that the salary of justices is subject to missioner consider directory?
income tax.
MS. AQUINO. That was at the instance of my query
THE PRESIDING OFFICER (Mr. Bengzon). That in the period of debate when I asked if this paragraph
provision that the Commissioner read will be under the would have a mandatory effect.
Article on General Provisions?
MR. CONCEPCION. Yes, it is.
FR. BERNAS. Yes. I do not know if such an Article

MR. ROMULO. Yes, it would have a mandatory
willbe found in the General Provisions. But at any rate,
effect.That is precisely why we amended the provision
when we put a period (.) after “DECREASED,” it is on
on the 1 973 Constitution which, in effect, said that the
the understanding that the doctrine in Perfecto vs. Meer
lower courts’ decision would be affirmed if the Supreme
and Dencia vs. David will not apply anymore.
Court does not decide it within the 18-month period.
REV. RIGOS. Agreed, Mr. Presiding Officer. MS. AQUINO. So, what is the enforceability of this
provision?
does the Committee say? MR. ROMULO. So, the import of this provision,
together with Section 14 (1), is to show through the
FR. BERNAS. Yes, the Committee will accept the various certifications required with regard to the begin-
amendment. ning and the end of the period that should the Supreme
Court or any other court not decide within the period
THE PRESIDING OFFICER (Mr. Bengzon). The prescribed, it shall constitute a culpable violation of the
understanding, therefore, is that there will be a pro- Constitution, for which, of course, appropriate action
vision under the Article on General Provisions. Could can be taken.
Commissioner Rosario Braid kindly take note that the
salaries of officials of the government including constitu- MS. AQUINO. And what makes it actionable accord-
tional officers shall not be exempt from income tax? The ing to the provision is that the Chief Justice or the
amendment proposed herein and accepted by the Com- Presiding Judge, as the sponsor mentioned earlier, will
mittee now reads as follows: “During their continuance issue a certification that he has not complied with the
in office, their salary shall not be DECREASED”; and Constitution; in effect, for him the
this will create
the phrase “nor subjected to income tax” is deleted. evidence against himself.
none; the amendment is approved. MR. ROMULO. That is correct.

That will obviate any amendment.
missioner Aquino be recognized.
MR. ROMULO. Thank you very much.
sioner Aquino
is recognized.
MS. AQUINO. I would request a clarification pertain-
MR. DE LOS REYES. Mr. Presiding Officer.
ing to Section 14, subparagraph 3. In Section 11 of the
1973 Constitution, in the Article on the Judiciary, there MR. RAMA. I ask that Commissioner Monsod be rec-
was an explicit proviso on the effect of noncompliance ognized.
with the reglamentary period provided for by law which
states that the decisions being appealed shall be con-
sidered affirmed in the absence of any decision on the sioner Monsod is recognized.
part of the Judiciary. What is the effect of this? Earlier,
in the period of debate, the honorable sponsors men- MR. MONSOD. I would like to pose an amendment
tioned that the Court does not automatically lose juris- to Section 1 5.
diction. So, I would like to be clarified about the in-
tention of the Committee in deleting the pertinent MR. DE LOS REYES. Anterior amendment, Mr.
provisions of the 1973 Constitution. This might render Presiding Officer.
unnecessary the possibility of any amendment.
THE PRESIDING OFFICER (Mr. Bengzon). Anterior
MR. ROMULO. Yes. amendment.
MR. DE LOS REYES. Yes. MR. SUMULONG. May I proceed, Mr. Presiding
Officer?
section? THE PRESIDING OFFICER (Mr. Bengzon). Yes.
MR. DE LOS REYES. Section 14.

MR. SUMULONG. Paragraph 2 of Section 14 reads as
follows: “A case or matter shall be submitted for de-
cision or resolution upon the filing of the last pleading,
sioner de los Reyes may proceed.
brief, or memorandum required by the rules of court or
by the court itself.” I propose that after the word
MR. DE LOS REYES. On line 9 of Section 14, the “pleading” on line 15, delete the comma (,); and then
word “must” was understand from the dis-
used. I
on line 16, delete the word “memorandum” and in lieu
tinguished sponsor. Chief Justice Concepcion, that thereof insert AFTER ORAL ARGUMENT
so that this
“must” is too strong a word. So, I propose that it paragraph 2 will read as follows: “A case or matter shall
be changed to SHALL; however, it be placed on record be deemed submitted for decision or resolution upon
that it is the collective sense of the Committee and the the filing of the last pleading or AFTER ARGU- ORAL
Members of this Assembly that this provision is manda- MENT required by the rules of court or by the court
tory. In other words, we remove the word “must,” itself.”
which according to Chief Justice Concepcion does not
sound all right. May I briefly explain this, Mr. Presiding Officer?
MR. ROMULO. May I comment? THE PRESIDING OFFICER (Mr. Bengzon). Yes,
please go ahead.
The Chairman’s reservation was addressed to Section
1 1 ,
specifically to the sentence which reads: “Any Mem-
ber dissenting or abstaining from a decision shall state
MR. SUMULONG. Formerly, the procedure is for
setting the case for oral argument where both parties
the reason for his dissent or abstention.” However, I
will be allowed to argue for or against in the presence
believe the Chairman has no objection to the use of
of the justices of the Supreme Court or whatever
all
“must” in Section 14(1), because we wish the Supreme
court it was. And after the oral argument, then the
Court to know that this is mandatory.
members of the court, while the facts were still fresh in
their mind, would deliberate and reach a decision. But
MR. DE LOS REYES. All right; I do not insist on my now, the procedure has changed. Under our Rules of
amendment. Court now, after the appellant has filed a reply brief,
then the case is already considered submitted for
decision. And usually that reply brief lies there for
months or for a long time without any decision. And
MR. DE LOS REYES. Thank you.
that is why I wording of this paragraph
believe that the
should be changed because the words “last pleading
cover already the reply brief of the appellant, and the
you.
word “memorandum” applies in case there is an oral
The Floor Leader is recognized. argument. Usually, the court says, “Well, you file; let
the appellant file a memorandum within 10 days.
MR. RAMA. I ask that Commissioner Monsod be And then, the appellee can submit a reply memorandum
recognized. within 10 days also from receipt of the appellant s
memorandum.
sioner Monsod is recognized. That was the procedure, Mr. Presiding Officer. And I
think that if we want to avoid decisions which are
studied only by one justice or allowed to lie sleeping for
MR. SUMULONG. Mr. Presiding Officer.
a long time, we should revert to the old rule of setting
the case for oral argument where all the justices will
THE PRESIDING OFFICER (Mr. Bengzon). Does iiv
amend- have to be present. They should read all the briefs
Commissioner Sumulong have any anterior
And
volved and then hear the arguments of both sides.
ment?
after the oral arguments, they should deliberate •’isbt
away while the facts and the law are fresh in their mind,
MR. SUMULONG. Yes, I have an amendment to
and reach a decision.
offer with respect to paragraph 2 of Section 14.

sioner Sumulong is recognized. does the Committee say?
MR. CONCEPCION. I would want to ask for a clari- MR. SUMULONG. Yes, I prefer that because, I think,
fication. How would the Commissioner rephrase para- the results will be better. If there is an oral argument, all
graph 2? How would he put his idea across? the justices will be required to be present. They will
hear both sides. Whereas, if we say that after the filing
MR. SUMULONG. I am
proposing that on line 15, of the reply brief of the appellant, the case is submitted
after “pleading,” delete thecomma (,) and then on line for decision, we cannot be sure that all the justices will
16, delete “memorandum” and in lieu thereof insert study the case.
AFTER ORAL ARGUMENT so that this sentence will
read: “A case or matter shall be deemed submitted for MR. CONCEPCION. Suppose the parties have agreed
decision or resolution upon the filing of the last plead- to submit the case without oral argument.
ing or AFTER ORAL ARGUMENT required by the
rules of court or by the court itself.”
MR. SUMULONG. That is disadvantageous, Mr.
This will allow a case to be submitted immediately Presiding Officer, because if there is no oral argument,
after oral argument. we will not be sure that all the justices will participate,
study and deliberate the case.
MR. CONCEPCION. Does the Commissioner mean
that the Court should hear all cases on oral argument? MR. CONCEPCION. That is why there is a certifica-
tion required of the deliberations.
MR. SUMULONG. The Court should set the case for
oral argument where the justices will be present and
all MR. SUMULONG. I beg the sponsor’s pardon.
both sides will argue before them; and after the oral
argument, while the facts and the law are fresh in their MR. CONCEPCION. There required a certification
is
mind, then the justices can deliberate and reach a about the deliberation in the court, if that is what the
decision. Commissioner wants to ensure. There is a provision in
the Rules that once a case has been discussed by the
MR. CONCEPCION. But still, the question is: Does court, there must be a certification to that effect.
the Commissioner wish to have an oral argument in all
cases so that the Court could not decide without an oral MR. SUMULONG. There was a time, I remember,
argument? where every case, before
it is submitted for resolution,
is set for oral argument. And I think the reason is to
MR. SUMULONG. Yes, I would prefer that, Mr. make sure that all the justices will study the case before
Presiding Officer. There should be an oral argument in the oral argument is held. More so, during the oral
all cases especially before the Supreme Court and the argument, they will be hearing both sides. After that,
Court of Appeals. while the facts and the law are fresh in their mind, they
can make a speedy decision which cannot be done, if
MR. CONCEPCION. Suppose the parties agreed? there is no oral argument. I understand that that is the
procedure being followed in the US federal courts.
MR. SUMULONG. Because under the present rules,
there is delay where it says that after fUing the
reply
THE PRESIDING OFFICER (Mr. Bengzon). Will the
brief of the appellant the case is deemed submitted
for
Committee accept the proposed amendment?
decision. And usually not all the justices partake
in the
writing of the decision. MR. CONCEPCION. We prefer to submit that to the
Commission.
MR. CONCEPCION. My first question is still unan-
swered. So, no case can be decided without a previous MR. RODRIGO. Mr. Presiding Officer, before we
oral argument. vote, I would like to make some observations.
Paragraph 2 of Section 14 should be read in conjunc-
MR. SUMULONG. We can allow the appellant to tion with paragraph 1.
submit his brief then, after that, the appellee will file his
brief. And after both parties have submitted their briefs, THE PRESIDING OFFICER (Mr. Bengzon). That is
we should set the case for oral argument and then reach right.
a decision.
MR. RODRIGO. Paragraph 1 does not only refer to
THE PRESIDING OFFICER (Mr. Bengzon). Commis- the Supreme Court and the collegiate courts but even to
sioner Sumulong, the question precisely is that every lower courts. So, this applies even to regional trial
single case that is brought up to the Supreme Court, courts. Does the proponent mean to say that even in
therefore, must be set for oral argument. regional trial courts, there should be an oral argument?
MR. SUMULONG. Yes. I think it should be done in The reason for the Commissioner’s amendment is for
the Court of Appeals, the Court of Tax Appeals and in the participation of all the justices, and this section
the Sandiganbayan. insures this participation.
MR. RODRIGO. Does the Commissioner mean that MR. SUMULONG. My proposed amendment, in
which an oral argument necessary before a case is
is
in the regional trial courts and the municipal courts,
submitted for resolution, is complementary to Section
there should also be oral argument after hearing? As I
1 1 to make sure that a case will be studied by all the
said, paragraph 2 refers to all the courts referred to in
justices and not only by one. Under the present rule,
paragraph 1 and paragraph 1 refers even to lower courts
;
after a reply brief has been filed by the appellant, the

including municipal courts and city courts. The last
case is considered submitted for resolution. I know of
phrase there mentions a period of “three months for all
many cases where only one or a few justices have
other lower courts.”
studied the case.
MR. SUMULONG. No, I would apply my proposal to MR. NATIVIDAD. I submit, Mr. Presiding Officer. I
have an oral argument before submission of the case would just remind the honorable Commissioner.
where the court is collegiate.
VOTING
MR. RODRIGO. Then the proposed amendment has
to be reworded. THE PRESIDING OFFICER (Mr. Bengzon). I think
the issue has been amply discussed and everything is
And another question, as the Commissioner himself
an oral argument, the parties are
clear on both sides. We are ready to vote now.
has said, usually after
given time to submit memoranda. Does he mean to say Those in favor of the amendment of Commissioner
that after oral argument, no memorandum should be Sumulong, please raise their hand. (Few Members raised
immediately after oral argument, the case their hand.)
allowed and
should be submitted for decision? Those against the amendment, please raise their hand.
(Several Members raised their hand.)
MR. SUMULONG. That depend upon the court.
will The results show 6 votes and 23 against; the
in favor
If they believe that after the oral argument they
would amendment is lost.
need the filing of the memorandum, that can be done.
MR. RODRIGO. Then in that case, the case should
be deemed submitted for a decision not after the oral THE PRESIDING OFFICER (Mr. Bengzon). The
argument, but after the filing of memoranda, if any. Floor Leader is recognized.
MR. RAMA. I ask that Commissioner Monsod be

MR. SUMULONG. Yes, that is a last pleading.
recognized.
MR. NATIVIDAD. Mr. Presiding Officer.

sioner Monsod is recognized.
the pleasure of Commissioner Natividad? MR. MONSOD. I want to propose an amendment by

substitution on Section 15. I propose to delete the
MR. NATIVIDAD. Will the proponent of the amend- entire section and in lieu thereof place the following:
ment yield to just one question? SECTION 15. THE JUDICIARY SHALL ENJOY
FISCAL AUTONOMY. APPROPRIATIONS FOR THE
THE PRESIDING OFFICER (Mr. Bengzon). Is Com-
JUDICIARY MAY NOT BE REDUCED BY THE
missioner Sumulong willing to yield to some questions? LEGISLATURE BELOW THE AMOUNT APPRO-
PRIATED FOR THE PREVIOUS YEAR AND, AFTER
MR. SUMULONG. Yes, with pleasure.
APPROVAL, SHALL BE AUTOMATICALLY AND
REGULARLY RELEASED.
MR. NATIVIDAD. Thank you. I just want to clarify that the reason for this amend-
ment is that the Judiciary should not be exempt from
I wonder if Commissioner Sumulong’s stand would and justifying its
the budgetary process of submitting
change especially with regard to Section 1 1 which says:
budget, except that upon approval, it should be auto-
The conclusions of the Supreme Court in any case sub- matically and regularly released.
mitted to it for decision en banc or in division, shall be
reached in consultation before the case is assigned to a THE PRESIDING OFFICER (Mr. Bengzon). What
member for the writing of the opinion of the court. does the Committee say?
MR. ROMULO. The Committee accepts. May I ask if Third, we want to impress upon the Chief Justice and
the second and the last sentences are joined in one? the members of the court that they have a responsibility
to answer for their performance by appearing before the
MR. MONSOD. No, there are only two sentences representatives of the people.
here. We would prefer that the body vote on it.
THE PRESIDING OFFICER (Mr. Bengzon). The MR. NATIVIDAD. Mr. Presiding Officer.
Committee has accepted the amendment.
Is there any objection? (Silence) The Chair hears THE PRESIDING OFFICER (Mr. Bengzon). Commis-
none; the amendment is approved. sioner Natividad is recognized.
MR. RAMA. Mr. Presiding Officer. MR. NATIVIDAD. Mr. Presiding Officer, will my
colleague from the Opposition yield.
Floor Leader is recognized. MR. MAAMBONG. I yield, but on the floor I am not
a member of the Opposition; I am only an opposition
MR. RAMA. I ask that Commissioner Maambong be outside.
recognized.
MR. NATIVIDAD. I withdraw the word “Opposi-
THE PRESIDING OFFICER (Mr. Bengzon). Commis- tion” and in lieu thereof I use the word “Commis-
sioner.”
MR. MAAMBONG. Mr. Presiding Officer and mem- MR. MAAMBONG. Thank you.
bers of the Committee, I propose to delete the last
sentence on Section 16, lines 28 to 30 which reads:
MR. NATIVIDAD. Is it not a fact that the Chief
“The Chief Justice shall address the National Assembly
Justice of the Supreme Court was always invited by the
at the opening of each regular session.”
Batasan, when it converted itself into a committee of
May I explain that I have gone over the operations of the whole, to address that body during appropriations
other deliberative assemblies in some parts of the world, hearings but not on the opening day? The same is true
and I noticed that it is only the Chief Executive or head in the old Congress, when we converted the House into
of state who addresses the National Assembly at its a committee of the whole during appropriations hear-
opening. When we say ‘‘opening,” we are referring to ings and the Chief Justice was then invited to address us.
the first convening of any national assembly. Hence,
I wonder if the Commissioner was a Member then of
when the Chief Executive or head of state addresses the
National Assembly on that occasion, no other speaker the Batasan when Chief Justice Castro came here to
is
allowed to address the body. discuss the Judiciary’s budget.
So I move for the deletion of this last sentence.

MR. MAAMBONG. In reply to the Commissioner’s
statement, traditionally, that is the correct procedure
THE PRESIDING OFFICER (Mr. Bengzon). What being followed in the old Congress and also in the First
Regular Batasang Pambansa. As a matter of fact, during
the opening ceremonies of both bodies, all Cabinet
MR. ROMULO. Mr. Presiding Officer, this is con- ministers, justices of the Supreme Court — not only the
tained in my resolution and I think the Chief Justice — were invited, together with the members
Commi^'tce
agrees that we should retain it, except that of the diplomatic corps. It is also true that upon invita-
the Chief
Justice should not address the Assembly
on the same tion the Chief Justice addressed the legislature when
day that the President does, but on any other subse- converted into a committee of the whole.
quent day. We have three reasons for this: First, as
Commissioner Ople says, we live by symbols nowadays; Traditionally, Cabinet ministers who were not
and thus, we want to dramatize the importance of Members of the Assembly were not allowed to address
justice through the personification of the Chief Justice the First Regular Batasang Pambansa. So they had to
appearing before the National Assembly. appoint their respective parliamentary deputy ministers
who were Members of the Assembly to answer the
Second, the amendment of Commissioner
since questions during the Question Hour.
Monsod will not make the appropriations automatic,
we want the Chief Justice to be able to explain to the MR. NATIVIDAD. Yes, the Batasan converted itself
legislature the needs of the Judiciary in a very dramatic into committee of the whole, whenever a Cabinet
a
way without lowering his dignity or seemingly appearing minister who was not a Member of the Batasan ad-
to beg. dressed the Assembly.
So, considering that past practice, I feel that the pulsory for the Chief Justice to address the National
Chief Justice may
be invited by the National Assembly. Assembly and for the National Assembly to invite him.
However, his addressing the body on the same day the That was never done during our time.
President does has no precedent yet.
THE PRESIDING OFFICER (Mr. Bengzon). I think
MR. ROMULO. The Committee wishes to explain the issue has been amply discussed.
that that is not our meaning.
MR. NATIVIDAD. I accept that, that is why I was

trying to find out if the proponent of the motion to
MR. MAAMBONG. Mr. Presiding Officer, may I ask
delete the last sentence of Section 16 would change his for a suspension of the session so that we can confer
stand if the Chief Justice is invited for another day. with the members of the Committee? Probably, we can
iron this out without the necessity of voting on it.
MR. MAAMBONG. I feel very awkward about this
provision. I moved for its deletion because it is not THE PRESIDING OFFICER (Mr. Bengzon). The
really necessary to institutionalize this practice in the session is suspended.
Constitution.
It was 6:01 p.m.
At any pointed well by Commissioner Nativi-
rate, as
dad, the Chief Justice can always address the National
Assembly when it is converted into a committee of the
whole. Actually, I find no necessity for this provision.
MR. NATIVIDAD. I submit to the Commissioner. THE PRESIDING OFFICER (Mr. Bengzon). The
Thank you. session is resumed.
THE PRESIDING OFFICER (Mr. Bengzon). The MR. RAMA. Mr. Presiding Officer, I ask that Com-
Chair notes that the intention of the Committee is not missioner Maambong be recognized.
really to have the Chief Justice address the Assembly at
the opening of the regular session. THE PRESIDING OFFICER (Mr. Bengzon). Commis-
Is the proponent still insisting on his amendent by
deletion or would he tailor his amendment to accom-
MR. MAAMBONG. of would like to with-
modate the intention of the Committee? First all, I
draw my primary amendment.

MR. MAAMBONG. I object to that sentence last
because it says: “at the opening,” which means the first THE PRESIDING OFFICER (Mr. Bengzon). The
day of convening the Batasang Pambansa or the Na- primary amendment is withdrawn.
tional Assembly.
MR. MAAMBONG. In lieu of that primary amend-
MR. ROMULO. The Committee is willing to amend ment, I would like to substitute the following on lines
by putting AFTER. CHIEF JUSTICE MAY ADDRESS THE
28 to 30: THE
NATIONAL ASSEMBLY ON A DAY SET FOR THE
the PRESIDING OFFICER (Mr. Bengzon). Commis- PURPOSE DURING ITS REGULAR SESSION.
sioner Rodrigo is recognized.
MR. RODRIGO. I would like to ask the Committee a does the Committee say?
question.
It is now
clear that the Committee is willing to delete MR. ROMULO. Upon the advice of the Commissioner,
that sentence so that the Chief Justice does not have to who is far wiser than I, the Committee accepts the
address the National Assembly at the opening session. amendment.
It the sense of the Committee to make it com-

is
pulsory for the Chief Justice to address the National there any
Committee has accepted the amendment. Is
Assembly during its session and for the National Assem-
objection?
bly to invite him?
MR. ROMULO. Yes. MR. RODRIGO. Much as 1 do not want to object, it

is really a useless provision. Why should we encumber
MR. RODRIGO. Then, know how to vote on that I our fundamental law of the land with a useless pro-
amendment because am really against making it com-
1 vision? The people might laugh at us.
)
VOTING MR. DAVIDE. Posterior; the proposed reconsidera-

tion will be an amendment to paragraph 5 of Section 7.
THE PRESIDING OFFICER (Mr. Bengzon). Since
there is an objection, the Commission will now vote on MR. OPLE. I have the permission of Commissioner
the amendment of Commissioner Maambong. Davide to seek the floor first on the basis of an anterior
Those in favor of the amendment, please raise then- amendment.
hand. (Few Members raised their hand.)
MR. DAVIDE. I am willing to yield.
Those against the amendment, please raise their hand.
MR. OPLE. What about Commissioner Maambong?
The results show 14 votes in favor and 1 5 against; the
amendment is lost. MR. MAAMBONG. Considering that my reservation
with the Floor Leader refers to Section 1, may I go
MR. RODRIGO. Parliamentary inquiry. Does it mean ahead with my anterior amendment?
that the last sentence remains?
MR. OPLE. I recognize precedence of Commissioner

THE PRESIDING OFFICER (Mr. Bengzon). Yes,
Maambong’s amendment.
because the amendment was lost.
MR. RODRIGO. Then

I will present an amendment
to delete the last sentence on lines 28 to 30.
MR. MAAMBONG. This proposed amendment may
VOTING not be actually necessary, if I can get some clarificatory
answers from the Committee.
THE PRESIDING OFFICER (Mr. Bengzon). I think
we have debated on this enough. Let us now vote. I am referring to Section 2, line 14 which reads: “No
law shall be passed reorganizing the Judiciary when it

Those in favor of the amendment to delete the last
undermines security of tenure.”
sentence on page 6, lines 28 to 30, please raise their
hand. ( Several Members raised their hand. The way I see it this probably refers to a particu-
Those against, please raise their hand. lar law, Judiciary Reorganization Act of 1981
the
(Few Members (BP No. 129). From that point of reference, I would
raised their hand.)
just like to know whether there is any form of judiciary
The results show 24 votes in favor and 10 against; the reorganization which does not, in some way, undermine
amendment is approved. the security of tenure. We had the Judiciary Act of
The Floor Leader is recognized. 1943, which was amended several times before the
Judiciary Reorganization Act of 1981, and if I recall
RAMA. I ask that Commissioner Davide be correctly, upon the implementation of Isoth laws, there
recognized for a one-word amendment. was always some form, one way or the other, of abridg-
ing the security of tenure. So, ifthere is such an abridg-
THE PRESIDING OFFICER (Mr. Bengzon). Com- ment of security of tenure, I find that this provision
missioner Davide is recognized. may not be tenable. I would just like to get a clarifica-
tion from the Committee.
MR. DAVIDE. May I be allowed to have another
amendment outside of But, first, may I move to
that? MR. ROMULO. The Committee does not prevent a
reconsider an approved amendment. The reorganization or a revamp, but prohibits it if the only
amendment
that was approved earlier and which am now purpose is to kick out judges. That is the essence of this
I seeking
to reconsider is the amendment introduced provision. Therefore, a reorganization in good faith, as
by Commis-
sioners Maambong and de los Reyes on line in the de la Liana case, would be acceptable. But if the
23, page 4.
main purpose is really to throw out the judges so that
MR. MAAMBONG. With the kind indulgence of we bring in a completely new set, then it is not in good
Commissioner Davide, I have an anterior amendment faith. So, this provision seeks to prohibit that kind of a
which I reserved with the Floor Leader. reorganization. But let us say that the legislature re-
organizes the number of courts because in one region it
MR. OPLE. Mr. Presiding Officer, Bishop Bacaniand is either too many or too little, then that would seem to
be a valid reorganization.
I have reserved time with the Floor Leader and with the
members of the Committee for a reconsideration of the

MR. MAAMBONG. My point is that with this pro-
vote on Section 5.
vision we are actually shackling the legislative body or
Does Commissioner Davide’s amendment pertain to the Supreme Court. Forgive me if I am wrong, but as I
any section anterior to that? see it, a real honest-to-goodness judiciary reorganiza-
tion —without any intention of kicking out judges just THE PRESIDING OFFICER (Mr. Bengzon). We have
like that — has to undermine the security of tenure in already had two speakers in favor of the amendment by
some way. And if we put this provision, there would be deletion. Just for the record, is Commissioner Maam-
no situation wherein a law will be passed without under- bong formalizing that amendment by deletion?
mining the security of tenure. So, why should we place
a provision which will shackle the legislative body? MR. MAAMBONG. I so move to defete the second
paragraph of Section 2, lines 14 to 15, which states:
“No law shall be passed reorganizing the judiciary when
MR. ROMULO. I think the intention is not to
it undermines security of tenure.”
prevent the National Assembly from passing a reorgani-
zation law, but to give the judges, the citizens, or some
other petitioners a chance to question it. For example, VOTING
if we increase the number of courts, there may be a
reorganization but that does not undermine the security THE PRESIDING OFFICER (Mr. Bengzon). The
of tenure. Committee has given its views, so the body will now
vote.
MR. MAAMBONG. Just a point of reference. In the Those in favor of the amendment by deletion, please
reorganization, we changed the jurisdiction
last judicial raise their hand. (Few Members raised their hand.)
and nomenclature of the courts, for instance, from Those against, please raise their hand. (Several Mem-
municipal court to municipal circuit trial court. Because bers raised their hand.)
of the changes in the structural arrangement of the
Judiciary from the top down to the lower courts,
whether the government liked it or not, the abridgment amendment is lost.
of the security of tenure was not avoided. The Floor Leader is recognized.
May I repeat my point that if we put such a provision,

there may be no instance at all where we will be reor- MR. RAMA. I ask that Commissioner Ople be recog-
ganizing the Judiciary without violating the Constitu- nized.
tion. So, this is a suggestion which I may put to a
motion. Why do we not just delete this provision as it is THE PRESIDING OFFICER (Mr. Bengzon). Commis-
very self-limiting? sioner Ople is recognized.
MR. ROMULO. Perhaps the proponent. Commis- MR. OPLE. Thank you very much, Mr. Presiding Of-
sioner Davide, would like to say a few words. ficer.
At this instance, I am associating myself with Com-

MR. RAMA. I ask that Commissioner Bernas be missioner Bacani regarding Section 4. There was a
recognized. previous voting on this section. May I explain what we
would like to propose to the Committee and to the
THE PRESIDING OFFICER (Mr. Bengzon). Commis- Commissioners? I think we have the leave of the Com-
mittee. We have secured it previously for a reopening of
the action of the Commission on this section.
FR. BERNAS. I would like to support the deletion of Section 4, subsection 2 reads:
this provision because it does not really add anything. The National Assembly shall prescribe the qualifications
of judges of lower courts, but no person may be appointed
During the interpellations yesterday, I asked whether of the
Judge thereof unless he is a natural-born citizen
or not this is an absolute prohibition of reorganization
Philippines and a member of the Philippine Bar.
and I was told it is not. There can be reorganization
provided it does not violate the security of tenure. If it We would propose that the phrase “natural-
like to
does, then the reorganization will be unconstitutional. born” be deleted. May I explain? As written, I think
Therefore, the validity of the reorganization will have to this subsection would bar from the lower courts
any
this
be decided ultimately by the Supreme Court as provided naturalized citizen. We would not like to disturb
requirement for the Supreme Court. This is a tim^
in paragraph 2 of the subsequent section. So, any reor-
such
ganization act is just a law, just like any other law. But honored policy of the State that the occupants of
exalted offices as the President, Vice-President,
mem-
if we challenge its constitutionality, then we throw it to
Court
the Supreme Court on the basis of Section 2. So it bers of Congress and Justices of the Supreme
should be natural-born citizens. But in this case,
an act
seems to me that these two lines are useless. A reor-
of gross wholesale indiscrimination is being committe
ganization act is a law. The validity or constitutionality
who may not even qualify
of a law can always be passed upon by the Supreme against naturalized Filipinos
say, in a
Court under paragraph 2 of Section 3. So to me, this is for the lowest position in the Judiciary,
not be a salient
unnecessary. municipal trial court. This should
feature of a constitution devoted to the equality of our MR. OPLE. Yes. But before I put this to a motion,
citizens except where there are compelling traditions may I inform the Assembly that we have secured the
that reserve the highest and the most exalted offices prior permission of the Committee, headed by the Chief
to natural-born citizens. Justice, to make this proposal to the Commission.
It is most unlikely that naturalized citizens will apply

for positions in the lower courts. I think their tempera-
ments and training fairly impel them to seek careers does the Committee say?
other than those of the Judiciary. But to provide in this
Constitution a blanket prohibition against naturalized
MR. ROMULO. We would only like to point out that
citizens serving in the lower courts, I think, is also a very
the term “lower court” includes the appellate court. So,
it is not just the regional trial court that will be affected,
deplorable indictment of a whole class of citizens who
have already passed the tests established by our own but also the appellate court.
laws for them to become Filipino citizens.
THE PRESIDING OFFICER (Mr. Bengzon). Meaning,
Although the Supreme Court must remain reserved to the Intermediate Appellate Court?
natural-born Filipinos, there must be no constitutional
prohibition against naturalized citizens seeking access MR. ROMULO. Yes, including the Sandiganbayan
for services in the lower courts as members of the and the Court of Tax Appeals.
Judiciary. Of course, when they enter the Judiciary at
the lowest level, they know in advance that they may MR. OPLE. As I said earlier, a naturalized Filipino
not aspire for membership in the Supreme Court. But at who starts from the bottom of the ladder knows in
least, all of them are on notice as naturalized Filipino
advance that the absolute zenith he can aspire to in a
citizens that they cannot rise to that zenith in the same
career requiring a lifetime of devotion to the law, as a
manner that great secretaries of state in the United member of the bench, would be the Intermediate
States, the latest of them, Henry Kissinger, who are
Appellate Court, and no higher.
naturalized Americans go through these careers knowing
that they will never qualify to become President or
MR. ROMULO. Then, we would rather submit the
Vice-President of the United States.
question to a vote.
So, in the interest of fairness and equity for those
who have embraced the duties and obligations of FR. BERNAS. Mr. President, just a point of clarifi-
Filipino citizens other than the natural-born, Commis- cation.
sioner Bacani and I would like to plead with the mem-
bers of the Committee and with the body to allow the THE PRESIDING OFFICER (Mr. Bengzon). Commis-
deletion of the requirement of natural-born citizens for sioner Bernas is recognized.
the qualification of judges of lower courts, if they
are
otherwise qualified. Hence, Commissioner Bacani
and FR. BERNAS. If we were to delete the qualifier
I seek a reconsideration of the
earlier vote on Section 4 “natural-born,” would it be within the power of the
subsection 2.
National Assembly to require that a justice of the
Intermediate Appellate Court be a natural-born citizen?
MR. SUAREZ. Mr. Presiding Officer.
MR. OPLE. Yes. I do not think this prohibits in
THE PpsiDING OFFICER (Mr. Bengzon). We must advance the enactment of a law, setting that matter in
i^st ask the Commission to vote favor of the natural-born citizen for the Intermediate
whether or not a recon-
sideration would be in order. Court of Appeals.
So, is Commissioner Ople, therefore,
proposing a
motion to reconsider the decision of the body? FR. BERNAS. Is that the understanding of the
Committee also?
MR. OPLE. I move for a reconsideration of the earlier
MR. ROMULO. Yes. We believe that the legislature
vote on Section 4, subsection 2.
can impose that condition on the Intermediate Ap-
pellate Court, having been created by statute.
THE PRESIDING OFFICER (Mr. Bengzon). Is there
motion is approved. FR. BERNAS. But then, we follow the principle that
unless the Constitution makes a distinction between
The voting on Section 4, subsection 2 is reconsidered. natural-born and naturalized citizens, the law should not
make a distinction.
Is the Commissioner now moving to delete the term
“natural-born” on line 15? MR. ROMULO. That is a valid rule of interpretation.
FR. BERNAS. So, that would prevent the legislature MR. ROMULO. Does Commissioner Davide mean
from prescribing that justices of the Intermediate Ap- that tobecome a member of a collegiate court, one
pellate Court be natural-born citizens. must be a natural-born Filipino citizen?
MR. ROMULO. Assuming that the legislatuffe agrees MR. DAVIDE'. Yes, similar to that of the Supreme
with our statutory construction. Court.
THE PRESIDING OFFICER (Mr. Bengzon). Is Com- MR. ROMULO. This will, therefore, partially dilute
missioner Bernas clarified now? the amendment we have just approved.
FR. BERNAS. In other words, we are putting this on MR. DAVIDE. Yes, but I would like to invite the
record, for purposes of the legislature, telling it that as attention of the body that there will be more qualified
far as we are concerned, this does not prevent it from natural-born Filipino citizens with the expansion of our
requiring that a justice of the Intermediate Appellate interpretation of “natural-bom Filipino citizens” under
Court be a natural-born citizen. the Article on Citizenship — granting those who elected
Philippine citizenship under the 1935 Constitution and
all those who were born before January 17, 1973 the
MR. OPLE. May I say that that is the intent of the
status of natural-born citizens. We will have enough
sponsor as well.
lawyers of this class of citizens. But beyond that, the
May I formally propose that amendment and move members of the intermediate or lower collegiate courts
for its approval. occupy a very delicate position. I could just imagine if
we have a naturalized Filipino attending to cases involv-
VOTING ing the interest of naturalized Filipinos or aliens. We
cannot truly expect that those who became Filipino
all
the PRESIDING OFFICER (Mr. Bengzon). The citizens by naturalization could truly be assimilated into
issue has been amply discussed. We will now put that the Philippine community and that they could really
to a vote. imbibe the customs, traditions, aspirations, hopes and
dreams of the Filipinos. So, probably for the lower
Those in favor of the amendment to delete the words
courts, that may be allowed but not for the members of
“natural-born” on line 15, page 2, Section 4, subpara-
the Supreme Court and the lower collegiate courts.
graph (2), please raise their hand. (Several Members
raised their hand.) Thus, I plead for the approval of this proposal.
Those against, please raise their hand. ( Few Members

FR. BERNAS. Mr. Presiding Officer, one clarificatory
raised their hand.)
question.
amendment is approved. THE PRESIDING OFFICER (Mr. Bengzon). Commis-
FR. BERNAS. Does the proponent of the amend-
THE PRESIDING OFFICER (Mr. Bengzon). The ment also mean that any justice or judge of a
collegiate
but a
Floor Leader is recognized. court must not only be a natural-born citizen
or more been
least 40 years of age, and has for 1 5 years
MR. RAMA. ask that Commissioner Davide be court or engaged in the practice o
I a judge of a lower
recognized. law and so forth?
THE PRESIDING OFFICER (Mr. Bengzon). Commis- MR. DAVIDE. That could be the effect because the
sioner Davide is recognized. amendment is in paragraph (1).
MR. DAVIDE. As a consequence of the approval of FR. BERNAS. Hindi ba mahirap iyon?
that particular amendment and considering my deep
Bengzon). All
concern regarding the entry into the Judiciary, a very THE PRESIDING OFFICER (Mr.
delicate position, of naturalized citizens, may I be right, what does the Committee say?
allowed to introduce an amendment on the first para-
graph of Section 4, specifically on line 9. MR. ROMULO. What is the final amendment now,
Between the words “Court” and “unless,” insert the Mr. Presiding Officer?
following: OR ANY LOWER COLLEGIATE COURT.
Bengzon). The
HE PRESIDING OFFICER (Mr.
THE PRESIDING OFFICER (Mr. Bengzon). What mdment reads: “No person shall be appoint^
does the Committee say? of the Supreme Court OR ANY LOWER CO
1
LEGIATE COURT unless he is a natural-born citizen RESUMPTION OF SESSION

of the Philippines . .
MR. ROMULO. Would the proponent clarify what

he means by “LOWER COLLEGIATE COURT”? session is resumed.
MR. DAVIDE. This phrase would refer to the follow- The Floor Leader is recognized.
ing present courts: the Sandiganbayan, the Court of Tax
Appeals and the Intermediate Appellate Court, or any MR. RAMA. Mr. Presiding Officer, I ask that Com-
other collegiate courts which may be created later. missioner Davide be recognized.
MR. ROMULO. The committee accepts the amend- THE PRESIDING OFFICER (Mr. Bengzon). Commis-
ment with the observation that in many cases the sioner Davide is recognized.
decision of the Intermediate Appellate Court is final.
MR. DAVIDE. Mr. Presiding Officer, may I be
MR. DAVIDE. Certainly, that is among the reasons
allowed propose a modification of the original
to
why, with more vigor, we must allow the passage of this amendment? The modification consists of two amend-
amendment. ments. The first on line 9, and the second on line 10.
On line 9, insert between “Court” and “unless” the
MS. AQUINO. Mr. Presiding
following: OR ANY LOWER COLLEGIATE COURT.
Officer.
On put a period
line 10, (.) after the word “Philippines”
THE PRESIDING OFFICER and after the period (.), insert this phrase: A MEMBER
(Mr. Bengzon). What is
OF THE SUPREME COURT MUST BE. Between “and”
the pleasure of the Commissioner?
and “for,” delete the word “has” and substitute it with
MUST HAVE BEEN. So, now read as follows:
it will
MS. AQUINO. I would only like to ask the proponent “No person shall be appointed member of the Supreme
some clarification. Court OR ANY LOWER COLLEGIATE COURT unless
he is a natural-born citizen of the Philippines. A MEM-
MR. DAVIDE. Willingly. BER OF THE SUPREME COURT MUST BE at least
forty years of age, and MUST HAVE BEEN for fifteen
MS. AQUINO. Apparently, Commissioner Davide’s years so .” Then continue on the succeeding lines
. .
proposal does not only cover the question on Citizen- until the Nolledo amendment.
ship. In other words, he is putting the justices of the
Intermediate Appellate Court in the same rank as those THE PRESIDING OFFICER (Mr. Bengzon). Until
of the Supreme Court, with all the qualifications the phrase “Philippine Bar.”
enu-
merated in Section 4.
MR. DAVIDE. Also, the word “been” on line 1
MR. DAVIDE. That would be the effect of the pro- should be deleted to read: “and MUST HAVE BEEN for
posed amendment. But if the Commissioner fifteen years or more a judge of a lower court or
wants, we
could place here somewhere the other engaged in the practice of law in the Philippines .”
requirements’like . .
age, length of service as a judge at

a lower court, or
length of practice of law in the Philippines. THE PRESIDING OFFICER (Mr. Bengzon). Would
the Gentleman read the second sentence again?
MS. AQUINO. I would be amenable to
an amend-
ment which would allow naturalized citizens to be MR. DAVIDE. “A MEMBER OF THE SUPREME
mem-
bers of the lower collegiate courts, but for
all of these
COURT MUST BE at least forty years of age, and
requisites to likewise apply to them, we
might be dump- MUST HAVE BEEN for fifteen years or more a judge of
ing constraints to the possibility of being a lower court or engaged in the practice of law in the
appointed to
this position. Philippines.” Then the Nolledo amendment.

MR. DAVIDE. May I request a suspension of the THE PRESIDING OFFICER (Mr. Bengzon). What is
session? the pleasure of Commissioner Maambong?
MR. MAAMBONG. Would the proponent accept an

amendment to the amendment so that the provision
would read: “A MEMBER OF THE SUPREME COURT
It was 6:40 p.m. MUST BE at least forty years of age, and MUST HAVE
FOR FIFTEEN YEARS OR MORE BEEN a judge of a MR. DAVIDE. They should really have. .
lower court . . Because it would look awkward we

if
say; “MUST HAVE BEEN for fifteen years or more MR. MONSOD. So, it should read: “UNLESS HE IS
been a judge.” A NATURAL-BORN CITIZEN OF THE PHILIPPINES
AND A MEMBER OF THE PHILIPPINE BAR.” And,
MR. DAVIDE. No, there is no “been” anymore on additionally, THE SUPREME COURT MEMBERS
line 1 1 ; we have deleted “been.” MUST BE. That could also be a matter of style, but that
is just to have consistency between paragraphs 1 and 2.
MR. MAAMBONG. So, I am repeating my amend-
ment to the amendment. The provision then reads: BISHOP BACANI. Mr. Presiding Officer.
“AND MUST HAVE FOR FIFTEEN YEARS OR
MORE BEEN a judge of a lower court or engaged in the THE PRESIDING OFFICER (Mr. Bengzon). Yes,
practice of law in the Philippines.” Commissioner Bacani is recognized.
MR. DAVIDE. We can leave it to the Style Commit- BISHOP BACANI. speak against the
I would like to
tee, although I believe that “have” should immediately amendment. I was speak against the
told I could still
be followed by “been.” amendment proposed by Commissioner Davide.
THE PRESIDING OFFICER (Mr. Bengzon). Can we THE PRESIDING OFFICER (Mr. Bengzon). Is
leave it to the Style Committee? Commissioner Suarez proposing any amendment?
MR. DAVIDE. We can leave it to the Style Commit- MR. SUAREZ. No.
tee.

MR. SUAREZ. Mr. Presiding Officer. does the Committee say?

MR. ROMULO. The amendments are not clear to us
sioner Suarez is recognized. now. What amendment?
is the
MR. SUAREZ. Just one point of clarification. THE PRESIDING OFFICER (Mr. Bengzon). Will the
As proposed, the Gentleman would admit the possi- Gentleman restate his amendment?
bility of a situation where the National Assembly may
provide that members of the Intermediate Appellate MR. DAVIDE. Yes, there was a proposal by Commis-
Court, the Sandiganbayan or the Court of Tax Appeals sioner Monsod which I am still studying.
be less than 40 years of age. They do not have to have So, the original amendment merely consists in the
im
been engaged in the practice of law for 15 years and sertion of the phrase OR ANY LOWER COLLEGIATE
they do not have to be in the Judiciary for 1 5 years. COURT between “Court” and “unless” on line 9. And
on lines 10 and 1 1, we place a period (.) after pines
MR. DAVIDE. That would be the effect because in of the word “Philippines.”
the original proposal of the Committee, the members
of the lower collegiate courts are classified as belonging THE PRESIDING OFFICER (Mr. Bengzon). Could
to lower courts. So, the basic qualification will be that the Gentleman just read the whole amendment, so that
they are natural-born citizens of the Philippines and the whole body can follow.
members of the Philippine Bar.
MR. DAVIDE. 4(1) will read: “No person
Section
MR. SUAREZ. Thank you. shall be appointed member of the Supreme
Court OR
ANY LOWER COLLEGIATE COURT unless he is a
THE PRESIDING OFFICER (Mr. Bengzon). Com- natural-born citizen of the Philippines. A
MEMBER OF
Monsod forty years
missioner is recognized. PHE SUPREME COURT MUST BE at least
of age, AND MUST HAVE BEEN FOR FIFTEEN

MR. MONSOD. Mr. Presiding Officer, I just wanted YEARS OR MORE a judge of a lower court or en^ged
to make a small suggestion. xxx en
in the practice of law in the Philippines
Should they also be members of the Philippine Bar followed by the Nolledo amendment.
because, otherwise, there will be no phrase saying that
(Mr. Bengzon). Where
members of the collegiate courts should be members of THE PRESIDING OFFICER
the Philippine Bar, which would have been a require- does the suggestion of Commissioner
Monsod come in.
ment under Section 2?

MR. DAVIDE. The suggestion of Commissioner
the members
MR. ROMULO. They could not have practised law. Monsod is also to require specifically that
of any lower collegiate court be members of the Philip- THE PRESIDING OFFICER (Mr. Bengzon). Is the
pine Bar. Butit is just a question of placement. Gentleman satisfied?
I would seek the assistance of the Committee.

MR. DAVIDE. I am already satisfied.
MR. SUAREZ. Mr. Presiding Officer, I am sorry, but
may I ask one more question. THE PRESIDING OFFICER (Mr. Bengzon). Could
the Gentleman restate his amendment then for the
THE PRESIDING OFFICER (Mr. Bengzon). Yes, benefit of the Members of the Commission so that those
Commissioner Suarez is recognized. who would want to speak against it may do so.
MR. SUAREZ. we
are going to limit the applica-
If MR. DAVIDE. Section 4 (1), as amended, would
tion of the rest of the provisions to a member of the now read as follows: “No person shall be appointed
Supreme Court, that would practically render null and member of the Supreme Court OR ANY LOWER COL-
void the Nolledo amendment regarding the require- LEGIATE COURT unless he is a natural-born citizen
ment that Justices of the Supreme Court and all other of the Philippines. A MEMBER OF THE SUPREME
members of the lower courts must be with proven COURT MUST BE forty years of age, and
at least
integrity. That might renderthis academic. MUST HAVE BEEN for fifteen years or more a judge of
a lower court or engaged in the practice of law in the
THE PRESIDING OFFICER (Mr. Bengzon). Can the Philippines.”
Commission not decide on the concept and intention
and leave the styling to the Committee on Style? THE PRESIDING OFFICER (Mr. Bengzon). What is
the pleasure of the Committee?

MR. REGALADO. Mr. Presiding Officer.
MR. ROMULO. We accept the amendment.
the pleasure of Commissioner Regalado?
sioner Bacani is recognized to speak against the amend-
MR. REGALADO. There was that matter about
ment. He has five minutes.
membership in the Philippine Bar Association.
THE PRESIDING OFFICER (Mr. Bengzon). Yes. BISHOP BACANI. I speak against the amendment
because accepted, the amendment will, as long as it
if
MR. REGALADO. Under Section 4(2), the National exists, forever disqualify naturalized citizens even
Assembly shall prescribe the qualifications of judges
of perhaps more patriotic than natural-born citizens from
lower courts and this includes the Intermediate Ap- occupying posts in the lower collegiate courts. Also, it is
pellate Court, the Sandiganbayan as well as the Court of not likely that a person who is not fully assimilated will
Tax Appeals. They are required to be members of rise that high in the hierarchy of the Judiciary. So, for
the
Philippine Bar. Does that answer the those two reasons, do not accept the amendment.
question of Com- I
missioner Monsod?
MR. DA VIDE. Yes, but the main concern of Commis- VOTING

sioner Monsod is that we actually raise the
level of lower THE PRESIDING OFFICER (Mr. Bengzon). The
collegiate courts. The level now is on the
first paragraph. body now vote on the amendment.
will
THE PRESIDING OFFICER (Mr. As many as are in favor of the amendment of Com-
Bengzon). Commis-
sioner Davide, I think the point of missioner Davide, please raise their hand. ( Several Mem-
Commissioner bers raised their hand.)
Monsod is that he was apprehensive about the fact that
membership in the Philippine Bar was not included in As many as are against, please raise their hand. (Few
this qualification for the Supreme Court or Intermediate Members raised their hand.)
Appellate Court. That is already taken care of by the
second paragraph.
amendment is approved.
MR. DAVIDE. If the interpretation of the second The Floor Leader is recognized.
paragraph insofar as membership of the Philippine Bar
isconcerned would be that it would also apply to the MR. RAMA. Mr. Presiding Officer, I ask that Com-
members of the lower collegiate courts, I think that missioner Davide be recognized for one last amendment.
would be enough.
MR. ROMULO. The Committee believes so. sioner Davide is recognized.
MR. DAVIDE. But before that, Mr. Presiding Officer, to me last Friday. I understand that this morning there
may I request a reconsideration of the approved Maam- was a different answer. So, just for the sake of clarity,
bong— de los Reyes amendment on line 24, page 4 which may I just propose the same question. For purposes of
amended the last sentence of Section 7 (5). As amended, passing judgment on the constitutionality — not applica-
the last sentence will read: “Rules of procedure of tion or operation — of presidential decrees, what kind of
special courts and quasi-judicial bodies shall REMAIN vote is needed?
VALID AND EFFECTIVE UNLESS DISAPPROVED
by the Supreme Court.” MR. CONCEPCION. That required “to declare a law
on constitutionality.”
I would seek for a reconsideration of the approval
“REMAIN VALID AND
of that amendment reading; FR. BERNAS. Paragraph 2?
EFFECTIVE UNLESS DISAPPROVED by the Supreme
Court.” After that, I will introduce a very minor amend-
ment but its effect would be very substantive.
FR. BERNAS. How about proclamation?
any objection to the reconsideration proposed by Com- MR. CONCEPCION. All of those.
missioner Davide? (Silence) The Chair hears none; the
motion is approved.
FR. BERNAS. All of those — proclamations, orders,
The topic is now open for discussion. instructions, ordinances, etc. If it is a question of consti-
tutionality, it is paragraph 2.
MR. DAVIDE. The amendment is only to delete the
words “VALID AND” so it will read as follows: “Rules THE PRESIDING OFFICER (Mr. Bengzon). Is the
of procedure of special courts and quasi-judicial bodies Gentleman clarified?
shall REMAIN EFFECTIVE UNLESS DISAPPROVED
by the Supreme Court.” MR. MAAMBONG. Mr. Presiding Officer, I just want
a reclarification of this matter on presidential decrees
THE PRESIDING OFFICER (Mr. Bengzon). What because this morning during my interpellation, it was
does the Committee say? very clear from the answer of the Committee members
that presidential decrees do not have the stature or the
MR. CONCEPCION. We accept the amendment.
category of a statute or a law passed by a lawmaking
body. In view of the answer of the honorable Chairman,
is it now clarified that presidential decrees are,
after all,
any objection from the body? ( Silence) The Chair hears of the same stature and category as law, considering
none; the amendment is approved. that in the consideration of the constitutionality or
The Floor Leader is recognized. unconstitutionality thereof, what will apply now would
be paragraph 2 of the section referred to by Commis-
MR. RAMA. Mr. Presiding Officer, before we close sioner Bernas?
the period of amendments, I ask that Commissioner
Bernas be recognized for an important clarificatory THE PRESIDING OFFICER (Mr. Bengzon). Could
question. the Committee please answer?
THE PRESIDING OFFICER (Mr. Bengzon). Is that MR. CONCEPCION. Is the Gentleman asking a
the last one? question?
MR. RAMA. MR. MAAMBONG. This morning we had an extensive

Yes.
presiden-
discussion as to the exact categorization of a
THE PRESIDING OFFICER (Mr. Bengzon). Commis- tial decree. From the answers of the
Committee mem-
sioner Bernas is recognized. bers, it wfis clear that presidential decrees
do not have
the same category as laws passed by the
lawmaking
decrees are
FR. BERNAS. Mr. Presiding Officer, this has refer- body. I took that to mean that presidential
or w at
ence to page 1 ,
Section 3 (2) and (3). lower in category than laws properly so-called
are known as statutes.
First of all, Section 3 (3) speaks of the application or
Commissioner
operation of presidential decrees. The question I asked In the answer to the interpellation of
a law uncons i u
last Friday was: If the question is the constitutionality of Bernas, it now appears that to declare
tional, we have to refer to paragraph
2 of the sec ion
presidential decrees, what kind of vote is needed? I was
answer, it would
answered last Friday that on the matter of the constitu- referred to. In other words, taking that
presidential decrees do have
tl^
tionality of presidential decrees, the vote needed is what now^ appear that
by the lawmaking o y.
is prescribed in Section 3 (2). That was the answer given category as statutes passed
just want to clarify that. The Committee can answer one statute or a law. Proclamations, presidential decrees,
way or the other, and I will now sit down after the executive orders and letters of instructions were under
answer. the Transitory Provisions of the 1973 Constitution, and
were declared valid and effective as forming part of the
MR. ROMULO. May I clarify because the Chairman laws of the land. They shall be effective unless amended
was out Commissioner Padilla made the
at that time. or repealed.
distinction; the Gentleman will recall a presidential
if
decree is not the same as a statute passed by a legisla- The Freedom Proclamation No. 3,
Constitution,
ture. Therefore, the required vote challenging a pres- which I did not mention this morning, states that the
idential decree or proclamation would fall under Section Transitory Provisions of the 1973 Constitution shall be
3 and not under Section 2. superseded. In other words, in my opinion there is a
clear difference between a statute that has been passed
MR. MAAMBONG. That is now exactly the opposite by the legislative assembly and then approved by the
of the clarification received by Commissioner Bernas. President and a proclamation, decree, order or letter
So, I would rather give the floor to Commissioner of instructions issued solely by the President especially
Bernas to clarify. during martial law.
believe that a unilateral

I although presidential -
—
FR. BERNAS. am
confused now because the Com-
I
proclamation, decree, order or letter of instructions
mittee has conflicting answers to the questions. The
does not, in my opinion, have the category of a statute
Chairman has an answer different from the answer of
that has been passed by the legislative department and
the Vice-Chairman. So for purposes of the record, for
approved by the President. In fact, many of these pro-
the guidance of the Supreme Court and other courts
clamations, decrees, orders and instructions issued under
later on, which is the answer?
martial law and covered by the Transitory Provisions of
the 1973 Constitution are illegal and unconstitutional,
MR. ROMULO. We will ask Commissioner Regalado and, definitely, they were not passed by the Legislature
to give the Gentleman the official version.
and approved by the President. That was the distinction
I made. I believe that a law should be confined to a
THE PRESIDING OFFICER (Mr. Bengzon). Commis- statute like a Republic Act or a Batas Pambansa or a
sioner Regalado is recognized.
Commonwealth Act, but it should not be identical with,
or strictly in the same class of, a statute, especially
MR. REGALADO. This morning we agreed that
because the Transitory Provisions of the 1973 Constitu-
Section 3 (2) should read as follows: “All cases involv-
tion considered it a law as forming part of the laws of
ing the constitutionality of a treaty, international or
executive agreement, or law shall be heard and decided the land. That was the distinction I made.
by the Supreme Court en banc, and no treaty, inter-
national or executive agreement, or law may be FR. BERNAS. Mr. Presiding Officer, I see the distinc-
declared
unconstitutional without the concurrence of a
majority tion very clearly but that is not quite my question. My
plus one of ALL the members.” We deleted question was by what vote is the constitutionality of
the phrase
“who actually participated when the case was submitted a presidential decree declared because paragraph (3)
for decision.” does not speak of constitutionality. So for purposes of
Section 3 (3), on the other hand, states: clarity, I would like to propose an amendment to
“All other
cases including those involving the application paragraph (3), so it would read: “All other cases in-
or opera-
tion of presidential decrees, proclamations, cluding those involving the CONSTITUTIONALITY,
orders,
instructions, ordinances and other application or operation of presidential decrees, pro-
regulations which
under the rules of court are required to be heard clamations, orders, instructions, ordinances and other
en regulations which under the rules of court are required
banc shall be decided with the concurrence of a major-
ity of the members who actually participated to be heard en banc shall be decided with the con-
when the currence of a majority of the members who actually
case was submitted for decision.” Commissioner
Padilla
made the distinction that insofar as constitutionality participated when the case was submitted for decision.”
of
treaties and other agreements is concerned, it must Clearly now, the constitutionality of a presidential
be
upon the vote of a majority plus one of all the members. decree will be decided by a vote required by paragraph
But with respect to decrees, it will only be majority of (3), not paragraph (2).
the members who actually participated. I think Com-
missioner Padilla can further clarify that. MR. ROMULO. The Committee accepts the amend-
ment.
MR. PADILLA. Mr. Presiding Officer, this morning I
stated that a statute like a Republic Act or a Batas THE PRESIDING OFFICER (Mr. Bengzon). Is there
Pambansa, or even the prior Commonwealth Act and any objection? (Silence) The Chair hears none; the
Act of the Philippine Commission is undoubtedly a amendment is approved.
FR. BERNAS. In order to harmonize everything, I MR. NATIVIDAD. So, we can presume that it cannot
would also recommend that we go to page 3, Section 7 be final and executory without complying with Section
(2), subpairagraph (a). I propose to add PRESIDENTIAL 12 ?
DECREE after the word “law” on line 27. So, the pro-
vision, as amended, will read: “all cases in which the
MR. CONCEPCION. No, that is not the meaning.
constitutionality or validity of any treaty, international
or executive agreement, law, PRESIDENTIAL DECREE,
MR. NATIVIDAD. What is the meaning?
ordinance, executive order, proclamation or regulation
is in question.”
MR. CONCEPCION. If the party does not raise that
question, the decision is still a decision, and it becomes
final in due course.
MR. NATIVIDAD. Without prejudice to an adminis-
trative action against the judge?
MR. ROMULO. The Committee accepts the amend-
ment.
MR. CONCEPCION. Of course, definitely.

(Silence) The Chair hears none; the
MR. NATIVIDAD. I have another question to clarify
any objection?
before I vote on this article.
Page 2, Section 3 (4) states:
MR. RAMA. Mr. Presiding Officer. . . . Provided, that no doctrine or principle of law laid down
by the court in a decision rendered en banc or in division
THE PRESIDING OFFICER (Mr. Bengzon). The may be modified or reversed except by the court sitting
Floor Leader is recognized. en banc.
Suppose happens, what is the effect of the

this
MR. RAMA. For the last clarificatory questions, I ask
decision, as in cases, such as Philippine Banking
many
that Commissioner Natividad be recognized.
Corp. vs. Louie Sy and Elcano vs. Gil. May I ask the
Committee if this constitutes a legal precedent?
sioner Natividad is recognized.
MR. ROMULO. Is the Gentleman asking for the
effect of a decision rendered by a division which would
MR. NATIVIDAD. Just for the last clarificatory
change the doctrine or principle of law previously laid
question.
down by the Supreme Court?
I refer to page 5, Section 12 of the committee report,
which says: MR. NATIVIDAD. Yes, in violation to this doctrine
No decision shall be rendered by any court without express- laid down here.
ing therein clearly and distinctly the facts and the law on
which it is based. MR. ROMULO. Insofar as the Committee is con-
cerned, if a decision changes a doctrine or principle of
Suppose a decision is rendered without complying
law laid down by the Supreme Court en banc or in
with Section 12, what is the effect?
division, it can be modified or reversed only by the
court sitting en banc and, therefore, such a decision
MR. ROMULO. The effect is that the justice who
would be invalid.
does so is subject to appropriate penalties.
MR. NATIVIDAD. If the understanding is that the

MR. NATIVIDAD. But the effect of the decision can
decision will be invalid, I would not offer an amend-
be final and executory?
ment.
MR. ROMULO. That happened in the case of Air Thank you.
France vs. Carrascoso, where the judge was adminis-
tratively reprimanded.
you.
MR. NATIVIDAD. I am not referring to the adminis- The Floor Leader is recognized.
trative action against the judge; I am after the effect of
MR. RAMA. ask that Commissioner

Rodrigo be
the decision. For the record, can the decision be final I
and executory without complying with Section 1 2? recognized.
MR. ROMULO. In the case referred to, the judge MR. RODRIGO. Before we vote on Second Reading
was required to complete his decision. on Committee Report No. 18, as amended, I would like
to call attention to the fact that there are two blanks on MR. RAMA. Mr. Presiding Officer.
page 6, lines 5 and 7, which read:
. . . until the National Assembly shall provide otherwise,

the Chief Justice shall receive an annual salary of

and each Associate Justice pesos.
MR. RAMA. I movethat we close the period of
Is the Committee ready to specify the amount? amendments on the Article on the Judiciary.
MR. ROMULO. Yes, we are just waiting for the Exe- THE PRESIDING OFFICER (Mr. Bengzon). Is there
cutive Committee to decide how much to give to the any objection? (Silence) The Chair hears none; the
President because we would not want to recommend motion is approved.
salaries of Supreme Court Justices more than that of the
President. APPROVAL OF C.R. NO. 18
ON SECOND READING
THE PRESIDING OFFICER (Mr. Bengzon). The (Article on the Judiciary)
Chair, in its capacity as Chairman of the Steering Com-
mittee, inquired from the Chairman of the Executive MR. RAMA. I moveon Second Reading on
for a vote
but the Executive Chairman is also waiting. So, the the Article on the Judiciary with the understanding that
Chair suggested that the Committee Chairmen of the Section 13, which has yet to be filled up, will not be
Executive, the Legislative and the Judiciary get together included in the voting.
on this matter.
body votes on Second Reading on Committee

If the
THE PRESIDING OFFICER (Mr. Bengzon). Section
Report No. 18, the Article on the Judiciary, it is under- 13, on the salaries of Justices?
stood that the compensation aspect will have to wait
until all the three committees get together and decide
MR. RAMA. Yes, Mr. Presiding Officer.
on an amount. As
MR. RODRIGO. Thank you, Mr. Presiding Officer. many as are in favor of the Article on the Judiciary,
as amended, please raise their hand. ( Several Members
That is what I wanted to clarify.
raised their hand.)
FR. BERNAS. Mr. Presiding Officer. As many as are against, please raise their hand, (bio
Member raised his/her hand.)
and none against.
the pleasure of Commissioner Bernas?
The results show 34 votes in favor
Committee Report No. 8 on the Article on the Judi-

1
FR. BERNAS. Just one follow-up clarification on the ciary, as amended, is approved on Second Reading.
question of Commissioner Natividad, Mr. Presiding Of- (Applause).
ficer. The answer given by Commissioner Romulo
was Thank you very much. Please do not leave; it is only
that a judgment is invalid. 7:24 and the Floor Leader will on
file a motion to call
Suppose there is no reconsideration and the decision Commissioner Vicente B. Foz to sponsor the Article on
becomes final, would not the judgment be binding only the Constitutional Commissions. We suggest that we get
on the parties but it would not reverse the previous through with the sponsorship of the Article on the
judgment? Constitutional Commissions and continue the inter-
pellations tomorrow.
MR. ROMULO. It would depend on how one views
it. If of jurisdiction, then it has no validity
it is in excess
whatsoever. If it is not in excess of jurisdiction, then it CONSIDERATION OF PROPOSED
is binding only on the part of the . . .
RESOLUTION NO. 468
(Article on the Constitutional Commissions)
FR. BERNAS. In such a situation, is it in excess of
jurisdiction? PERIOD OF SPONSORSHIP AND DEBATE
MR. ROMULO. If the explicit intent of this is fol-
consider Committee Report No. 19 on Proposed Reso-
lowed, I would say it is in excess of jurisdiction.
lution No. 468, as reported out by the Committee on
Constitutional Commissions and Agencies.
FR. BERNAS. Therefore, the decision on the case
can be reopened anytime? THE PRESIDING OFFICER (Mr. Bengzon). Is there
MR. ROMULO. Yes. motion is approved.
Consideration of Proposed Resolution No. 468 is now Proposed Resolution No. 117, introduced by Hon. HUario
in order. With the permission of the body, the Secreta- Davide, Jr., entitled:
ry-General will read only the title of the proposed reso- A RESOLUTION CALLING FOR THE INCORPORATION
lution without prejudice to inserting in the Record the IN THE NEW CONSTITUTION OF A PROVISION WHICH
whole text thereof. WOULD INDUCE AN ELECTIVE OFFICIAL TO AS-
SUME HIS POSITION WITHOUT DELAY BY SETTING
THE SECRETARY-GENERAL. Proposed Resolution ASIDE HIS ELECTION AND DISQUALIFYING HIM TO
No. 468, entitled: HOLD ANY PUBLIC OFFICE IF HE FAILS TO ASSUME
OFFICE WITHIN THIRTY DAYS FOLLOWING THE
RESOLUTION TO INCORPORATE IN THE NEW CON-
DATE FIXED BY LAW FOR HIM TO DO SO.
STITUTION THE COMMON PROVISIONS ON THE
CONSTITUTIONAL COMMISSIONS AND THE PRO-
Proposed Resolution No. 135, introduced by Hon. Florangel
VISIONS ON THE CIVIL SERVICE COMMISSION.
Rosario Braid, entitled:
(The following is the whole text of the proposed resolution

RESOLUTION TO INCLUDE A SEPARATE ARTICLE ON
per C.R. No. 19.) THE CIVIL SERVICE TO ENSURE ITS INDEPENDENCE.
COMMITTEE REPORT NO. 19 Proposed Resolution No. 139, introduced by Hon. Jose Suarez,
Alberto Jamir and Jaime Tadeo, entitled:
The Committee on Constitutional Commissions and Agencies
RESOLUTION PROVIDING FOR THE SECURITY OF
to which were referred: Proposed Resolution No. 5 1 introduced
,
TENURE OF CIVIL SERVICE EMPLOYEES WHOSE
by Hon. Serafin Guingona, entitled:
QUALIFICATIONS MEET THE STANDARD OF GOOD
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- GOVERNMENT AND WHO HAVE BEEN FOUND EF-
TUTION ARTICLES ON THE CONSTITUTIONAL COM- FICIENT, DESERVING AND HONEST.
MISSIONS IN ORDER TO SAFEGUARD AND ENHANCE
THEIR INDEPENDENCE. Proposed Resolution No. 238, introduced by Hon. Hilario
Davide, Jr., entitled:
Proposed Resolution No. 54, introduced by Hon. Hilario Davide,

A RESOLUTION TO STRENGTHEN THE CIVIL SERVICE
Jr., entitled:
COMMISSION BY INCORPORATING IN THE NEW
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- CONSTITUTION PROVISIONS REQUIRING THAT AP-
TUTION A PROVISION REQUIRING ELECTIVE OF- PQINTMENTS THERETO SHALL BE MADE FROM A
FICIALS TO SERVE THE FULL TERM OF OFFICE FOR LIST OF NOMINEES SUBMITTED BY VARIOUS SEC-
WHICH THEY WERE ELECTED AND PROHIBITING TORS AND INCREASING THE QUALIFICATIONS FOR
THEM TO SEEK IMMEDIATE REELECTION FOR APPOINTMENT AS COMMISSIONER.
SAID OFFICE OR TO BE APPOINTED TO ANY OTHER
OFFICE DURING SUCH TERM AND WITHIN TWO Proposed Resolution No. 240, introduced by Hon. Hilario
YEARS FOLLOWING THE EXPIRATION THEREOF, Davide, Jr., entitled:
AND, FURTHER, PROHIBITING WITHIN THE SAME A RESOLUTION TO ENSURE THE DEVELOPMENT OF A
PERIOD THE SPOUSE AND/OR RELATIVES BY CON- STRONG CIVIL SERVICE BY CONSTITUTIONALLY
SANGUINITY OR AFFINITY WITHIN THE THIRD MANDATING THE CIVIL SERVICE COMMISSION TO
CIVIL DEGREE OF SUCH ELECTIVE OFFICIAL TO UNDERTAKE REFORMS IN VARIOUS AREAS OF
SEEK ELECTION FOR THE OFFICE TO BE VACATED CONCERNS AND INCORPORATING IN THE NEW
BY THE LATTER OR TO BE APPOINTED IN ANY MAN- CONSTITUTION A PROVISION GRANTING BROADER
NER TO ANY OFFICE EXCEPT TO AN OFFICE FOR POWERS TO THE CIVIL SERVICE COMMISSION.
WHICH HE HAS THE APPROPRIATE CfVIL SERVICE
ELIGIBILITY AND IS QUALIFIED AND COMPETENT. Proposed Resolution No. 281, introduced by Hon. Hilario
Davide, Jr., entitled:
Proposed Resolution No. 108, introduced by Hon. Vicente Foz, A RESOLUTION FIXING THE PERIOD WITHIN WHICH
entitled:
THE CIVIL SERVICE COMMISSION SHALL DECIDE
RESOLUTION PROVIDING THAT NO ELECTIVE OFFI- CASES BROUGHT BEFORE IT AND PROVIDING FOR
CIAL SHALL BE ELIGIBLE FOR APPOINTMENT TO APPEALS THEREFROM TO THE SUPREME COURT.
ANY OFFICE OR POSITION DURING HIS TERM OF Foz,
Proposed Resolution No. 356, introduced by Hon. Vicente
OFFICE, AND THAT NO CANDIDATE WHO HAS LOST
entitled:
IN AN ELECTION SHALL, WITHIN TWO YEARS FOL-
LOWING SUCH ELECTION, BE APPOINTED OR REAP- RESOLUTION PROVIDING FOR HIGHER SALARIES FOR
POINTED TO ANY OFFICE IN THE GOVERNMENT, THE CHAIRMEN AND MEMBERS OF CONSTITUTION-
OR IN ANY GOVERNMENT-OWNED OR CONTROLLED AL COMMISSIONS AND PROHIBITING THE DE-
CORPORATION, OR IN ANY OF ITS SUBSIDIARIES. CREASE OR INCREASE THEREOF.
Proposed Resolution No. 357, introduced by Hon. Vicente Foz, Each Commission shall decide by a majority vote of all
Sec. 5.
entitled: its Members any case brought before it within sixty days from the
date of submission for resolution. Unless otherwise provided
RESOLUTION FIXING THE TEMPORARY OR ACTING its
by law, any Commission may be

decision, order or ruling of each
AND PERMANENT APPOINTMENTS OF A CHAIRMAN
brought to the Supreme Court on by the aggrieved
certiorari
OR MEMBER OF A CONSTITUTIONAL COMMISSION
party thirty days from receipt of a copy thereof. However, final
TO AN AGGREGATE OF NOT MORE THAN SEVEN
decisions, orders or rulings of the Commission on Elections on
YEARS,
municipal and barangay officials shall be final, inappealable and
has considered said resolutions and has the honor to report them
executory.
back to the Constitutional Commission of 1986 with the recom-
mendation that Proposed Resolution No. 468 prepared by the Sec. 6. The Constitutional Commissions shall appoint their
Committee, entitled: officials and employees in accordance with law.
TUTION THE COMMON PROVISIONS ON THE CON- B. THE CIVIL SERVICE COMMISSION
STITUTIONAL COMMISSIONS AND THE PROVISIONS
ON THE CIVIL SERVICE COMMISSION, Section 1. (1) The Civil Service embraces all branches, sub-
divisions, instrumentalities and agencies of Government, including
be approved in substitution for Proposed Resolution Nos. 5 , 54,
1
government-owned or controlled corporations.
108, 117, 135, 139, 238, 240, 281, 356 and 357, with the Com-
(2) Appointments in the Civil Service shall be made
only
mittee on Constitutional Commissions and Agencies and
Hon. Guingona, Davide, according to merit and fitness to be determined as far as practica-
Jr., Rosario Braid, Suarez and Tadeo as
authors thereof. ble by competitive examination.
(3) No Member of the Civil Service shall be removed, sus-
(Sgd.) Vicente B. Foz pended or otherwise disciplined except for just causes as may be
Chairman provided by law.

Committee on Constitutional Commissions No officer or employee in the Civil Service shall engage,
(4)
and Agencies any partisan political activity.
directly or indirectly, in
PROPOSED RESOLUTION NO. 468 Sec. 2. (1) The Civil Service shall be administered by an inde-
pendent Civil Service Commission composed of a Chairman and
RESOLUTION TO INCORPORATE IN THE CONSTITU- two Commissioners who are natural-born citizens of the Philip-
TION AN ARTICLE ON THE CONSTITUTIONAL COM- pines and, at the time of their appointment, at least thirty-five
MISSIONS. years of age, preferably with proven capacity for public adminis-
Be itresolved by the Constitutional Commission in session tration, and must not have been candidates for any elective
assembled. To incorporate in the Constitution the following proposition in the election immediately preceding their appointment.
visions:
(2) The Chairman and the Commissioners shall be appointed
ARTICLE XII by the President for a term of seven years without reappoint-
THE CONSTITUTIONAL COMMISSIONS ment. Appointments to the Commission need no confirmation.
Of those first appointed, the Chairman shall hold office for seven
A. Common Provisions years, a Commissioner for five years, and another Commissioner
for three years, without reappointment. Appointment to any
Section 1. The Constitutional Commissions shall be the Civil
Service Commission, the
vacancy be only for the unexpired portion of the term of
shall
Commission on Elections and the Com-
the predecessor. In no case shall any Member be appointed in a
mission on Audit.
temporary or acting capacity.
Sec. 2. Until otherwise provided by law, the Chairman and
each of the Commissioners shall receive an annual salary of one Sec. 3. The Civil Service Commission, as the central personnel
hundred twenty thousand pesos and one hundred ten thousand agency of the Government, shall establish a career service, pro-
pesos, respectively, which shall not be decreased or increased mulgate and enforce policies on personnel actions, classifying
positions, prescribe conditions of employment except as to com-
during their tenure.
pensation and other monetary benefits which shall be provided
Sec. 3. No Member of a Constitutional Commission shall, by law, and exercise all powers and functions inherent in
and
during his tenure, engage in the practice of any profession or in incidental to human resources management, to promote morale,
the management of any business, or be financially interested, efficiency, and integrity in the Civil Service. It shall submit to the
any contract with, or in any franchise or
directly or indirectly, in President and the Congress an annual report on its personnel
privilege granted by the Government, any of its subdivisions, programs, and perform such other functions as may be provided
agencies or instrumentalities, including a government-owned or by law.
controlled corporation or any of its subsidiaries.
Sec. 4. Unless otherwise provided by law, no elective official
Sec. 4. The Commissions shall enjoy fiscal autonomy. Appro- shall be eligible for appointment or designation in a temporary
priations for the Commissions once approved shall be automatic- or acting capacity to any public office or position during his
ally released. term.
Sec. 5. No candidate who has lost in any election shall, within office. Another factor is that the salaries of the mem-
one year after such election, be appointed to any office in the bers of the three commissions cannot be decreased nor
Government, or any government-owned or controlled corporation increased during the term of office. The fourth — again,
or in any of its subsidiaries. this is from the provisions on the Judiciary —
a take-off
is that appointments need no confirmation. We have
Sec. 6. No officer of the Armed Forces in the active service
fbced the salaries of the members of the commissions
shall, atany time, be appointed or designated in a temporary or
and the minimum, as stated in our copies of the pro-
acting capacity to a civilian position in the Government.
posed resolution, is PI 20,000 for the chairman and
Sec. 7. No elective or appointive public officer or employee PI 10,000 for the other members of the commissions.
shall receive additional or double compensation unless specifically But personally, I think this amount should be increased
authorized by law nor accept without the consent of the Congress in consonance with the increase being contemplated
any emolument or official title of any kind from any foreign by the other committees for the President and the
government. Vice-President, as well as for the members of the
Supreme Court.
Also, in the common provisions we have provided a
sioner Foz is recognized to sponsor the proposed resolu-
common period for the commissions to decide cases and
tion.
a common provision for appeals to the Supreme Court.
In the case of the provision on the Civil Service Commis-
SPONSORSHIP SPEECH OF COMMISSIONER FOZ sion, reenshrined the merit system and also the
we have
principle of political neutrality and the provision for the
MR. FOZ. Thank you.
security of tenure of employees. These three concepts
The Committee intends to file three separate reports, or principles — the merit system, political neutrality,
and we have, so far, filed two reports on separate provi- and security of tenure — we believe, constitute the
sions with the concurrence of our committee. The first tripod of our civil service system.
report is Committee Report No. 19, embodying Pro-
In the case of the Civil Service Commission, we have
posed Resolution No. 468, which has do with the to
tried to emphasize its status as the central personnel
common provisions on the three constitutional commis-
agency of the government, with all powers and func-
sions; namely, the Civil Service Commission, the Com-
tions inherent in and incidental to human resources
mission on Elections and the Commission on Audit. The
management.
second resolution is Proposed Resolution No. 469 under
Committee Report No. 20. This has to do with the pro- One provision concerning the civil service which we
visions on the Commission on Audit. Earlier, we have have embodied in not found in
our draft but which is
instructed our committee secretary to file the commit- the present Constitution is a provision against the ap-
tee report on a proposed resolution on the Commission pointment of members of the armed forces in the active
on Elections. At the outset, we would like to take up service to civilian positions in government.
with the body the common provisions affecting the
I guess that is all we can say about the common
three constitutional commissions. We have introduced
provisions as well as the provisions on the Civil Service
some changes which we believe will make for
basic
Commission.
reforms in the functioning of the three constitutional
commissions. We intend on Commissioner Jamir to give
to call
us some features of the provisions on the Commission
The first one is fiscal autonomy. Under this concept
on Audit, but I guess he has left. So, I am now open
of fiscal autonomy, appropriations once approved shall
to interpellations.
be automatically and regularly released to the respective
commissions. We will recall that a similar provision has
just been approved in the Article on the Judiciary. We THE PRESIDING OFFICER (Mr. Bengzon). Commis-
thought that if fiscal autonomy should be provided for sioner Foz, as you have suggested earlier, we are going
to take one constitutional commission at a time, so
we
the Judiciary as a means of insuring its independence,
then fiscal autonomy should also be granted to the have scheduled the sponsorship of the common pro-
visions and the Civil Service Commission. So, are
we
constitutional commissions in order for the constitu-
of the Civil Service
tional bodies to perform effectively their constitutional through with the sponsorship
missions. We have provided in the common provisions Commission?
certain factors which we think will help insure the
independence of the commissions. One of them is, of MR. FOZ. We through with the ônsorship,
are
any
course, the fked term of office without reappointment. Mr. Presiding Officer, and we are ready to answer
The second factor is the staggered term, not only to question.
insure continuity of the functioning of the commissions
but also as a measure to minimize the opportunity of a THE PRESIDING OFFICER (Mr. Bengzon). The
President to appoint all members during his term of Floor Leader is recognized.
MR. RAMA. Nobody has registered to interpellate. session is adjourned until tomorrow at nine thirty in the
So,I move for the adjournment of the session until morning for interpellations on the proposed article on
tomorrow at nine thirty in the morning. the Civil Service Commission.
THE PRESIDING OFFICER (Mr. Bengzon). The It was 7:36 p.m..
R.C.C. NO. 30
OPENING OF SESSION boundaries limitless to foreigners even to the detriment

of our national identity and sovereignty.
At 9:33 a.m., the President, the Honorable Cecilia
Munoz Palma, opened the session. Warm our hearts as to radiate goodness, and
strengthen us, O Lord, that we remain physically and
THE PRESIDENT. The session is called to order. mentally healthy as we work hard to complete the
enormous task given us.
NATIONAL ANTHEM All these we ask through Jesus Christ, the Great
Physician, Teacher, Worker, Brother, Advocate and
THE PRESIDENT. Everybody will please rise to sing Redeemer. Amen.
ROLL CALL
call the
THE PRESIDENT. Everybody will please remain roll.

Minda Luz M. Quesada.
Abubakar Present* Monsod .... Present
Everybody remained standing for the Prayer. . . . . . . .
Alonto . Present* Natividad . . . . . Present*
Aquino Present* Nieva . Present

MS. QUESADA. Before we say our regular prayer, .
.
Present
Azcuna Present* Nolledo .... . .
may we all bow down our heads for a one-minute medi- .
Present*
Bacani Present* Ople . .
tation for the eternal repose of the father of the Honor- .
Bengzon Present* Padilla . . Present*

able Rene Sarmiento who passed away last night.
.
Bennagen Present Quesada .... . . Present

. . . . .
Rama Present
Bernas . Present . .
PRAYER Rosario Braid . . . Present Regalado .... . . Present

Our most gracious God Almighty, as we start Brocka . Present* . . .
Rigos . Present
another session today, help us to remember the be- CaJderon . Absent .
Rodrigo .... . . Present

Castro de Present
reaved, the homeless, the hungry, the sick, the landless, . . . . .
Present
Colayco Present* Romulo .... . .
the dispossessed and all those suffering from all forms of .
Present
Concepcion Present Rosales ..... .
deprivation. We pray, O Lord, for them even as we

.
. . . .
Sarmiento . Present
pray for mercy when we gloss over the sad realities of Davide , Present . . . .
Suarez Present
existence among many of our poor, deprived and Foz . Present . .
Present* Sumulong . . . Present

oppressed people. Garcia .
. .
Tadeo Present
Gascon . Present* . .
In their cries for food and shelter, we can hear, in Present

Guingona . . . . . Present* Tan . .
the silent corners of our conscience, the appeal they Trenas Present
Janiir . Present . .
make on us not only to pray, but to act, not only to Present* Uka Present
Laurel .
. .
work, but to struggle. Present

Lerum . Present* Villacorta . . . . .
Our Heavenly Father, we who are so privileged as to Maambong . . . . Present

have been chosen to draft the new fundamental law of
The Secretariat is in receipt of official advice of
the land, touch our hearts and minds that when we
absence of Commissioner Tingson.
make vital decisions, we shall always keep the ideals,
aspirations and interests of the majority poor and our Commissioner Villegas is on official mission.
country as our guiding principles.
Enlighten us as we struggle, as we now decide
whether to give the people with less in life, more in our The roll call shows 28 Members responded to the
fundamental law, or on the issue of opening our call.

THE PRESIDENT. The Chair declares the presence Proposed Resolution No. 499, entitled:
of a quorum.
OF PRINCIPLES AND STATE POLICIES OF THE 1986
CONSTITUTION A STATEMENT OF NATIONAL PUR-
POSE.
Introduced by Hon. Villegas.
MR. RAMA. move that we dispense with the read-
I To the Committee on Preamble, National Territory,
ing of the Journal of the previous session. and Declaration of Principles.

Is Proposed Resolution No. 500, entitled:
The Chair hears none; the motion is approved. RESOLUTION TO INCORPORATE IN THE DECLARATION
OF PRINCIPLES AND STATE POLICIES OF THE NEW
APPROVAL OF JOURNAL CONSTITUTION A SECTION ON THE FILIPINO COM-
MITMENT TO PEACE, BENEVOLENCE, AND RECON-
MR. RAMA. Madam President, I move that we CILIATION.
approve the Journal of the previous session.
THE PRESIDENT. Is there any objection to the mo- To the Committee on Preamble, National Territory,
tion that we approve the Journal of the previous ses- and Declaration of Principles.
sion? (Silence) The Chair hears none; the motion is
approved. Proposed Resolution No. 501, entitled:
MR. RAMA. Madam RESOLUTION TO INCORPORATE IN THE DECLARATION

President, I move that we
OF PRINCIPLES AND STATE POLICIES OF THE NEW
CONSTITUTION A SECTION PROVIDING FOR THE
THE PRESIDENT. Is there any objection? (Silence) DEFENSE OF THE NATION.
The Chair hears none; the motion is approved. Introduced by Hon. Villegas.
The Secretary-General will read the Reference of To the Committee on Preamble, National Territory,
Business. and Declaration of Principles.

The Secretary-General read the following Proposed TUTION PROVISIONS FIXING THE INITIAL SALARIES
Resolutions on First Reading, Communications and
OF THE PRESIDENT, VICE-PRESIDENT, SPEAKER,
Committee Reports, the President making the corres- AND MEMBERS OF THE NATIONAL ASSEMBLY, AND
ponding references:
THE CHIEF JUSTICE AND JUSTICES OF THE SUP-
REME COURT.
Proposed Resolution No. 497, entitled: To the Committtee on the Executive.
TUTION A PROVISION FOR THE STATE TO PROVIDE Proposed Resolution No. 503, entitled:
ADEQUATE CARE, BENEFITS, AND PREFERENTIAL RESOLUTION TO INCORPORATE IN THE TRANSITORY
TREATMENT FOR WAR VETERANS AND GOVERN- PROVISIONS OF THE NEW CONSTITUTION A PROVI-
MENT RETIREES. SION MANDATING THE IMMEDIATE FILLING UP OF
Introduced by Hon. de Castro and Nolledo. VACANCIES IN THE JUDICIARY.
To the Committee on General Provisions. Introduced by Hon. Davide, Jr.

Provisions.
TUTION SECTION ONE OF THE DECLARATION OF Proposed Resolution No. 504, entitled:
PRINCIPLES OF THE 1973 CONSTITUTION WITH AN RESOLUTION TO ADOPT AS AMENDED ARTICLE II,
AMENDMENT TO QUALIFY THE ORIGIN OF THE SECTION 6 OF THE 1973 CONSTITUTION FOR INCOR-
SOVEREIGNTY OF THE PEOPLE. PORATION IN THE DECLARATION OF PRINCIPLES
Introduced by Hon. Villegas. AND STATE POLICIES OF THE NEW CONSTITUTION.
Committee on Preamble, National Introduced by Hon. Villegas.
To the Territory,
and Declaration of Principles. To the Committee on Social Justice.
Proposed Resolution No. 505, entitled; Proposed Resolution No. 510, entitled:
RESOLUTION TO ADOPT AS AMENDED, TO FURTHER RESOLUTION TO INCORPORATE IN THE NEW CONSTI-
EMPHASIZE THE RIGHTS OF THE FAMILY, ARTICLE TUTION A PROVISION TO MAKE ALL GOVERNMENT
II, SECTION 4 OF THE 1973 CONSTITUTION FOR WORKERS AND EMPLOYEES SUBJECT TO CIVIL
INCORPORATION IN THE DECLARATION OF PRIN- SERVICE RULES AS PERMANENT WORKERS AFTER
CIPLES AND STATE POLICIES OF THE NEW CONSTI- RENDERING SIX MONTHS OF SERVICE.
TUTION.
Introduced by Hon. Sarmiento and Quesada.
Introduced by Hon. Villegas. To the Committee on Constitutional Commissions
To the Committee on Preamble, National Territory, and Agencies.

RESOLUHON TO INCORPORATE IN THE NEW CON-
RESOLUTION TO ADOPT AS AMENDED ARTICLE II,
STITUTION A PROVISION FOR THE HARMONIZA-
SECTION 5 OF THE 1973 CONSTITUTION FOR INCOR-
TION OF THE INCONSISTENCIES BETWEEN CIVIL
PORATION IN THE DECLARATION OF PREvtCIPLES
LAWS AND RELIGIOUS LAWS ON THE ANNULMENT
AND STATE POLICIES OF THE NEW CONSTITUTION
OF MARRIAGES.
EMPHASIZING THE ROLE AND RIGHTS OF THE
YOUTH. Introduced by Hon. Bacani.
Introduced by Hon. Villegas. To the Committee on General Provisions.

and Declaration of Principles. Proposed Resolution No. 513, entitled:
RESOLUHON TO INCORPORATE IN THE NEW CONSTI-
Proposed Resolution No. 507, entitled: TUTION MORE SPECIFIC PROVISIONS FOR PRO-
RESOLUTION TO INCORPORATE AS AMENDED IN THE MOHNG AND PROTECTING THE RIGHTS OF LABOR.
NEW CONSTITUTION ARTICLE V, SECTION OF THE 1 Introduced by Hon. Garcia and Gascon.
m
1973 CONSTITUTION UNDER THE ARTICLE ON THE To the Committee on Social Justice.
DUTIES AND OBLIGATIONS OF CITIZENS.
Introduced by Hon. Villegas. Proposed Resolution No. 514, entitled:
To the Committee on Citizenship, Bill of Rights, RESOLUTION INCORPORATING IN THE NEW CONSTITU-
Political Rights and Obligations and Human TION A PROVISION TO REDUCE INEQUALITY AND
Rights. THEREBY PROMOTE THE WIDEST PARTICIPATION
OF CITIZENS IN NATIONAL DEVELOPMENT
Proposed Resolution No. 508, entitled: Introduced by Hon. Garcia and Gascon.
RESOLUTION TO INCORPORATE AS AMENDED IN THE To the Committee on General Provisions.
NEW CONSTITUTION ARTICLE V, SECTION 3 OF THE
1973 CONSTITUTION UNDER THE ARTICLE ON THE
DUTIES AND OBLIGATIONS OF CITIZENS.
RESOLUHON INCORPORATING IN THE NEW CONSTI-
TUTION PROVISIONS TO REGULATE THE OWNER-
To the Committee on Citizenship, Bill of Rights, SHIP, USE AND DISTRIBUTION OF LAND.
Introduced by Hon. Garcia and Gascon.
Rights.
proposed Resolution No. 509, entitled:

TUTION A PROVISION REQUIRING THE SOCIAL RESOLUHON TO INCORPORATE IN THE NEW CONSTI-
SECURITY AGENCY TO PROVIDE COVERAGE TO TUTION AN ARTICLE TO PROVIDE FOR THE SUC-
ALL WORKERS WHO WORK FOR PRIVATE EM- CESSION TO THE PRESIDENCY AFTER THE EXPIRA-
PLOYERS INCLUDING DOMESTIC HELPERS AND TION OF THE PERIOD OF EIGHT CONSECUTIVE
SELF-EMPLOYED INDIVIDUALS WHO VOLUNTARILY YEARS IN CASE THE INCUMBENT PRESIDENT
SUBMIT THEMSELVES FOR COVERAGE. SHOULD RUN FOR REFLECTION AND WINS.
Introduced by Hon. Sarmiento and Quesada. Introduced by Hon. Guingona.
To the Committee on Social Justice. To the Committee on the Executive.
Proposed Resolution No. 518, entitled: posal that citizens have the right to material assistance
RESOLUTION INCORPORATING IN THE NEW CONSTI- when they are old, sick or disabled.
TUTION A PROVISION FOR FREE EDUCATION. (Communication No. 195 — Constitutional Commission
Introduced by Hon. Sarmiento and Rosales. of 1986)
To the Committee on Human Resources. To the Committee on Social Justice.
Proposed Resolution No. 5 Letter from the Chamber of Commerce of the Philip-
1 9, entitled:
pines Foundation, Inc., signed by Ms. Lourdes L. Sanvic-
RESOLUTION INCORPORATING IN THE NEW CONSTI- tores, submitting the recommendation of its Constitu-
TUTION A PROVISION MAKING THE STUDY OF THE tional Reforms Committee.
ELECTORAL PROCESS A PART OF THE SCHOOL
CURRICULUM. (Communication No. 1 96 — Constitutional Commission
of 1986)
Introduced by Hon. Sarmiento and Rosales.
Letter from Mr. Andres Cristobal Cruz of the Ministry
of Information, for the Kapisanan ng Balitaan sa Kati-
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- mugang Tagalog (KABALIKAT), submitting proposals
TUTION A PROVISION ON AN EFFECTIVE HEALTH on the right to information and the right to have a
CARE DELIVERY SYSTEM, MAINTENANCE OF AN family and duty to foster the planning of family size.
EFFECTIVE FOOD AND DRUG MONITORING BODY
AND HEALTH MANPOWER DEVELOPMENT. (Communication No. 197 — Constitutional Commission
of 1986)
Introduced by Hon. Quesada, Bennagen, Brocka,
Sarmiento and Suarez. To the Committee on Citizenship, Bill of Rights, Poli-
tical Rights and Obligations and Human Rights.
Letter from Mr. Francisco T. Arpon of Luz Village,

COMMUNICATIONS Butuan City, suggesting that the Constitution center
Letter from the Honorable Commissioner Ma. Teresa on economic benefits for the poorest sectors of the
F. Nieva, presenting the preliminary and partial results society.
of the consultations on the new Constitution initiated (Communication No. 198 — Constitutional Commission
by the Bishops-Businessmen’s Conference for Human of 1986)
Development.
of 1986)
Letter from Mr. Gabriel U. Iglesias of the College of
To the Steering Committee. Public Administration, University of the Philippines,
submitting three documents: “Towards Decentraliza-
Communication from the women sector signed by tion Strategy Through Regional Government,” “PSSC
Ms
Evelyn L. Ranises and 17 others of Resource on the Form of Government:
Statement
Gingoog City, pro^
posing a presidential form of government PresidentialForm,” and “PSSC Resource Statement
with a bica-
meral legislature and provisions on on the Form of Government: Federal.”
the bill of rights,
national economy, sovereignty and
foreign relations’ (Communication No. 1 99 — Constitutional Commission
social services, among others. of 1986)
193 - Constitutional Commission To the Committee on the Executive.
of 1986)
Letter from Mr. Anselmo S. Roque and four others
representing provincial mediamen in Nueva Ecija, pro-
Letter from Mr. Horacio V. Marasigan for Concerned
posing media-related provisions.
Citizens of San Juan, Batangas, submitting a position
paper on value system and attitudes. (Communication No. 200 — Constitutional Commission
of 1986)
of 1986) To the Committee on General Provisions.
To the Committee on Human Resources. Letter from Foundation for Active Christian Evangeliza-
tion and Services, Inc., signed by Mr. Silvestre J. Acejas,
Letter from the Federation of Senior Citizens Asso- submitting proposals on citizenship training, moral
ciation of the Philippines, San Jose, Occidental Min- character development, and nonformal education,
doro, signed by Mr. Felix Gabriel, endorsing the pro- among others.
(Communication No. 201 — Constitutional Commission recommending its approval in substitution of Proposed
of 1986) Resolution Nos. 57, 60, 62, 68, 110, 193, 195, 225,
To the Committee on Human Resources. 244, 284, 305, 308, 312, 349, 350, 358, 380 and 410.
Sponsored by Hon. Foz, Monsod and de los Reyes, Jr.
Letter from the Trade Union Congress of the Philippines
signed by Messrs. Jeremias U. Montemayor, Ernesto F.
Herrera, and Democrito T. Mendoza submitting the first
part of its “Position Paper on the Draft of the Philip- SUSPENSION OF SESSION
pine Constitution.”
—
of 1986) It was 9:53 a.m.

COMMITTEE REPORTS At 10:01 a.m., the session was resumed.
Committee Report No. 25 on Proposed Resolution No.
511, prepared by the Committee on Local Govern-
ments, entitled;
TUTION ADDITIONAL PROVISIONS IN THE ARTICLE THE PRESIDENT. The Floor Leader is recognized.
ON LOCAL GOVERNMENTS,
Resolution Nos. 15, 17, 138, 176, 178, 247, 394, 409
RESOLUTION NO. 469
and 414.
(Article on the Commission on Audit)
Sponsored by Hon. Nolledo, Calderon, Tingson, Rosa-
les, Alonto, de Castro, Bennagen, Rigos, Regalado,
Jamir and Ople.
MR. RAMA. I move that we consider Committee
To the Steering Committee. Report No. 20 on Proposed Resolution No. 469 as
reported out by the Committee on Constitutional Com-
Committee Report No. 26 on Proposed Resolution missions and Agencies.
No. 517, prepared by the Committee on the Executive,
entitled: THE PRESIDENT. any objection? (Silence)
Is there
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- The Chair hears none; the motion is approved.
TUTION AN ARTICLE ON THE EXECUTIVE DEPART- Consideration of Proposed Resolution No. 469 is now
MENT, in order.With the permission of the body, the Secretary-
its General will read only the title of the proposed resolu-
Resolution Nos. 9, 55, 56, 59, 107, 1 18, 124, 128, 151, tion without prejudice to inserting in the Record the
152, 156, 158, 183, 197, 198, 234, 255, 257, 352 and whole text thereof.
433.
THE SECRETARY-GENERAL. Proposed Resolution
Sponsored by Hon. Regalado, Alonto,
Sumulong, No. 469, entitled:
Aquino, Bernas, Calderon, Concepcion, Davide, Jr., RESOLUTION PROVIDING FOR THE PROVISIONS ON
Foz, Jamir, Lerum, Maambong, Natividad, Rama and THE COMMISSION ON AUDIT IN THE NEW CONSTI-
Sarmiento. TUTION.
Cosponsored by Hon. de Castro, Ople, de los Reyes, Jr., (The following is the whole text of the proposed resolution
Bengzon, Jr., Romulo, Azcuna, Nolledo, Tingson and
per C.R. No. 20.)
Guingona.
To the Steering Committee. COMMITTEE REPORT NO. 20
Committee Report No. 27 on Proposed Resolution No. The Committee on Constitutional Commissions and Agencies,
521, prepared by the Committee on Constitutional to which were referred Proposed Resolution No. 21, introduced
Commissions and Agencies, entitled: by Hon. Jose Nolledo, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTI- RESOLUTION TO PROVIDE IN THE CONSTITUTION

TUTION THE PROVISIONS ON THE COMMISSION ON THAT NO TRANSACTION INVOLVING PUBLIC FUNDS
ELECTIONS, WHETHER OF GOVERNMENT ENTITIES OR GOVERN-
MENT-OWNED OR CONTROLLED ENTERPRISES under this Constitution, (b) autonomous educational institutions,
SHALL BE EXEMPT FROM AUDIT (c) government-owned or controlled corporations and their sub-
sidiaries, and (d) such non-governmental entities receiving subsidy
and Proposed Resolution No. 282, introduced by Hon. Hilario
or equity, directly or indirectly, from or through the Govern-
Davide, Jr. entitled:
ment, which are required by law or the granting institution to
RESOLUTION AUTHORIZING APPEALS ON QUESTIONS submit to such audit as a condition of subsidy or equity. It shall
OF FACT FROM DECISIONS, ORDERS OR RULINGS keep the general accounts of the government and, for the period
OF THE COMMISSION ON AUDIT as may be provided by law, preserve the vouchers pertaining
has considered the same and has the honor to report it back thereto.
to the Constitutional Commission of 1986 with the recom- (2) The Commission shall have the exclusive authority, subject
mendation that Proposed Resolution No. 469 prepared by the to the limitations in this Article, to define the scope and extent
Committee, entitled: of its audit and examination, formulate and establish the tech-
RESOLUTION PROVIDING FOR THE PROVISIONS ON niques and methods required therefor, and promulgate account-
THE COMMISSION ON AUDIT IN THE NEW CONSTI- ing and auditing rules and regulations including those for the
TUTION prevention or disallowance of irregular, unnecessary, excessive,

extravagant expenditures or uses of government funds and pro-
be approved in substitution for Proposed Resolution Nos. 21 and
perties.
282, with the Committee on Constitutional Commissions and
Agencies and Hon. Nolledo and Davide, Jr. as authors thereof. Sec. 3. The Commission shall submit to the President and the
Congress, within the time fixed by law, an annual report of the
Government, its subdivisions, agencies, and instrumentalities, in-
(Sgd.) Vicente B. Foz cluding government-owned or controlled corporations, and recom-
Chairman mend measures necessary to improve their efficiency and effective-
Committee on Constitutional submit such other reports as may be required by law.
ness. It shall
Commissions and Agencies
Sec. 4. The Commission shall perform such other duties and
PROPOSED RESOLUTION NO. 469 functions as may be prescribed by law.
RESOLUTION PROVIDING FOR THE PROVISIONS ON MR. FOZ. Madam President, I ask that Commissioner
THE COMMISSION ON AUDIT IN THE NEW CONSTITU- Jamir be recognized to sponsor Committee Report No.
TION. 20 .
Be it resolved as it is hereby resolved, by the Constitution;

Commission in session assembled to incorporate in Article XII c THE PRESIDENT. Commissioner Jamir is recog-
the new Constitution, the following provisions; nized.
D. The Commission on Audit
Section 1.(1) There shall be an

independent Commission o
SPONSORSHIP SPEECH
Audit composed of a Chairman
and two Commissioners, wh
OF COMMISSIONER JAMIR
shall be natural-born
citizens of the Philippines and, at the tim
ot their appointments, at least thirty-five
MR. JAMIR. Thank you, Madam President.
years of age, an
certified public accountants with not less than ten years
of audi To avoid a lengthy presentation of the Committee’s
mg experience or members of the
Philippine Bar for at least te proposal regarding the Commission on Audit, we shall
years.At no time shall all Members of the Commission belong merely touch on the differences between the proposed
t
the same profession.
provisions and the provisions in the 1973 Constitution,
Chairman and the Commissioners considering that the proposal is mainly based on the
U shall be appointe
y e President
for a term of seven years latter.
without reappoin
mem. Appointments to the Commission need By the way, the provision in the 1973 Constitution,
no confirmatioi
Of those first appointed, the Chairman shall hold together with the proposal of the UP Law Center, and
office for sevei
years, one Commissioner for five
years, and the other Commi; the amendments thereto proposed by the Commission
sioner for three years without reappointment.
Appointment t on Audit, were also considered by the Committee.
any vacancy thereafter shall be only for the
unexpired portio Under this proposal, we reduced the age qualification
of the term of the predecessor. In no case shall any
Member b of the Commissioners from 40 to 35 years of age, be-
appointed in a temporary or acting capacity.
cause the Committee feels that 35 is the ripe age for
Sec. 2. (1) The Commission on Audit shall have the power and members of the Commission to carry on their tasks.
authority to examine, audit and settle all accounts pertaining to We will in the 1973 Constitution, the
recall that
the revenue and receipts of, and expenditures or uses of funds
members of the COA
are required to be certified public
and property, owned or held in trust by, or pertaining to, the
accountants or members of the Philippine Bar. With
government, or any of its subdivisions, agencies or instrumental- respect to the certified public accountants, the Com-
ities, including on a post-audit basis: (a) constitutional bodies, mittee has added the qualification that they must have
commissions and offices that have been granted fiscal autonomy auditing experience, because there was no such quali-
fication in the 1973 Constitution and we feel that this postaudit, if they receive any subsidy or equity from the
is a very essential qualification for membership in the government, either directly or indirectly, and the right
Commission on Audit. to audit them is one of the conditions stipulated in the
grant of subsidy or equity.
In order to avoid the possibility, such as what exists
at present, of having all the commissioners of the Com- Under the Committee’s proposal, the power of the
mission on Audit picked from one profession, say, COA to define the scope of its audit is made exclusive
from the law profession or from the profession of certi- in order to avoid any conflict. The power of the COA to
fied public accountants, the Committee proposal pro- promulgate rules and regulations has been extended by
vides that at no time should all the members of the the Committee to include disallowance of irregular,
Commission belong to one profession. Therefore, at unnecessary expenses and uses of government funds.
one time, the Commission may either consist of one
That concludes our presentation of the proposal on
lawyer, two CPA’s, or one CPA and two lawyers, in
the Commission on Audit.
order that they would compose a well-rounded team of
auditors.
MR. FOZ. Thank you. Commissioner Jamir.
We propose that no commissioner shall be ap-
also
pointed on a temporary basis, whether acting or by de-
signation, because we want to avoid the possibility of
MR. RAMA. Is the sponsor ready for interpella-
tions?
a commissioner being extended a designation and then
afterwards given a permanent appointment, thereby
exceeding his seven-year tenure. MR. FOZ. Madam suggest that the inter-
President, I
pellations should to the provisions

be limited, first,
With respect to the powers and duties of the Com-
on civil service, including the common provisions for
mission on Audit, its legal history shows that as early
all the constitutional commissions; second, to the
as the military government in the Philippines, there
provisions concerning the Commission on Audit.
was already the Office of the Auditor created by an
executive order of President McKinley. Following that
order, the War Depanment issued an executive order
THE PRESIDENT. Just to clarify the situation,
yesterday what we had was the sponsorship speech on
on May 8, 1899, defining the duties of the Auditor.
That duty has been progressively expanded from time Committee Report No. 1 9, regarding the common
provisions and the Civil Service Commission. So, correct
to time, first, by Act No. 90 of the US-Philippine
me the interpellations should be
if made first on this
Commission, then by Act No. 1792 of the same Com-
particular report.
mission, after which came the Jones Law on August
29, 1916. But the Jones Law confined the effect of the
decision of the Auditor to the executive branches of CONSIDERATION OF PROPOSED
the government only. However, that limitation was RESOLUTION NO. 468
later on taken away by the Philippine Legislature in (Article on the Constitutional Commissions)
Act No. 3066 in 1933 so that the decisions of the Continuation
Auditor became effective to all the three branches of
the government subject, of course, to the right of PERIOD OF SPONSORSHIP AND DEBATE
appeal.
When the 1935 Constitution was enacted, the audit- MR. RAMA. Madam President, I move that we con-
ing office was constitutionalized because of the in- tinue the consideration of Resolution No. 468. We are
creasing necessity of empowering the auditing office still in the period of debate.
to withstand political pressure. Finding a single Auditor

to be quite insufficient to withstand political pressure, THE PRESIDENT. any objection? (Silence)
Is there
the 1973 Constitution established the Commission The Chair hears none; the motion is approved.
consisting of three members — a chairman and two com-
missioners. MR. RAMA. Madam President, I ask that Commis-
sioner Nolledo be recognized to interpellate.
The powers of the COA under the present proposals
practically remain the same, except in the inclusion
recog-
THE PRESIDENT. Commissioner Nolledo is
under the aegis of the COA of the subsidiaries of govern-
nized.
ment-owned or controlled corporations and the power
to audit nongovernmental entities.
MR. NOLLEDO. Thank you, Madam President.
Under the proposal on audit, constitutional bodies I would to ask a couple of questions
like
on the
with fiscal autonomy, autonomous educational institu- report of the Committee on the Civil Service.
On page
tions and government-owned and controlled corpora- 2, number 2, that is a continuation of Section 3, does
cor-
tions, including their subsidiaries, are subject to post- the word “subsidiaries” include privately-formed
audit. Also, nongovernmental enterprises are subject to porations?
MR. FOZ. Before we proceed, may I request Com- into a sophisticated delineation or definition of what
missioner Nolledo to use the amended version of Reso- a government-owned or controlled corporation is.
lution No. 468.

MR. NOLLEDO. That is why I suggest that the Com-
MR. NOLLEDO. Can I be furnished a copy please? mittee study these aspects because I am very sure that
the labor sector will object to the all-embracing meaning
MR. FOZ. Madam President, the copies of the of the term “government-owned or controlled corpora-
amended version were distributed yesterday. tions,” and I am very sure also that the workers in the
government-owned or controlled corporations organized
MR. NOLLEDO. I am now getting a copy. Madam under the Corporation Code will, likewise, object, be-
President. cause they might claim some sort of inequality or denial
The word “subsidiaries” appears on line 1 6.
of equal protection of the law.
THE PRESIDENT. Will Commissioner Nolledo please MR. FOZ. We are not making any distinction. As I
refer to the page. Let us first ask the basics. said, this is meant
to be a general description of what
constitutes the civil service. But we know very well that
MR. NOLLEDO. That is preparatory to the provisions such a general definition or description of the extent
on the civil service, because the President talked not or scope of the term “civil service” will have to admit
only on civil service but on provisions applicable to all exceptions which, within the parameters of Section 1,
kinds of commissions. That will be on the first page, cannot be included.
line 16. Does the word “subsidiaries” include corpora-
tions which can be considered privately organized under
the Corporation Code because a government entity
MR. NOLLEDO. There may be some sort of de-
lineations as to qualifications. Perhaps, the civil service
may organize a subsidiary — for example, the PNB may
organize a subsidiary and its officers may be among
can apply, but as to the right to form a union and to
the incorporators under the Corporation Code?
engage in concerted activities, perhaps, the law may
allow them under the Labor Code.
MR. FOZ. The way we understand, the term “subsi-
diaries ” may refer to a corporation organized by the MR. FOZ. That would be a matter of legislation.
parent government-owned or controlled corporation
under a special law or the general corporation law. That MR. NOLLEDO. Is the Committee prepared to adopt
is the coverage of the term “subsidiaries.”
that delineation I talked about, that as regards the
qualifications for appointment in government-owned
MR. NOLLEDO. Going to the second question, may or controlled corporations, the civil service shall apply,
I refer the proponent to page 2, line 4 of Section 1(1). but with respect to the right of the workers in those
It is stated here that the civil service shall include government-owned or controlled corporations to form
government-owned or controlled corporations. I think unions and to engage in concerted activities, they are
the Gentleman is aware that the incumbent
President at par with other workers in the private sector?
last May made an announcement that the provisions
1
of the Labor Code should also apply to Is the Committee prepared to adopt that view?
government-
owned or controlled corporations, indicating that the
employees of government-owned or controlled corpora- MR. FOZ. If that is the proposal of the Commis-
tions may engage in concerted activities, as well as
sioner, better course, I think, would be not to
the
form unions. include such a distinction in the definition under
Section 1, but perhaps in a later provision of this set
The Committee seemingly adopted the provisions of
the 1973 Constitution. I understand also that there are of provisions.
two kinds of government-owned or controlled corpora-
tions - those organized by special law and those or- MR. NOLLEDO. Section 1 (2) on page 2, lines 7 and
ganized under the private corporation law or the Cor- 8 says:
poration Code. It seems that the presidential order
Appointments in the civil service shall be made only
covers only government-owned or controlled corpora-
according to merit and fitness to be determined as far as
tions organized under the Corporation Code. Now, in
practicable by competitive examination.
the concept as reported by the Committee, what is the
coverage of the term “government-owned or controlled I would like to be clarified on this because of the
corporations” with respect to civil service? words “as far as practicable.” Competitive examination
is not the only means of determining merit and fitness.
MR. FOZ. This provision on the scope of the civil Am I correct?
service is meant to be a general description of the extent
of what we know as civil service. Frankly, we did not go MR. FOZ. That is right.
MR. NOLLEDO. Another important question. Does “public administration” then, but certainly I did not use
the Commissioner recall the exceptions with respect the word “preferably.” I am sorry, I cannot explain it.
to positions that are policy-determining, primarily
confidential and highly technical? They are found in
MR. NOLLEDO. That must have been a typo-
the 1935 Constitution, and it seems to me that they are
graphical error. Madam President.
also found in the 1973 Constitution. Has the Committee
deleted those exceptions?
MR. FOZ. Madam President, may I request that Com-
MR. FOZ. The Commissioner is correct. missioner Rigos answer the question.
First of the intention here is to make a general
all,
statement as to the principle of the merit system. It is THE PRESIDENT. Commissioner Rigos is recog-
to be the general rule. Secondly, the phrase “policy- nized.
determining, primarily confidential, and highly tech-
nical” is no longer used in the existing law. The existing REV. RIGOS. Madam President, it was I who sug-
Civil Service Law, Presidential Decree No. 807, does gested the phrase “preferably with proven capacity for
not even mention all these terms, and even the last public administration.” I think the suggestion of Com-
Reorganization Act does not use them but uses the missioner Nolledo is a good one, and which the Commit-
terms “career and non-career service,” so that if we tee would entertain during the period of amendments.
continue perhaps to adopt these terms in our funda-
mental law, we may be behind the times. Since we are MR. NOLLEDO. The question sequent to that is, how
writing it at this point in time, we are given a chance does the Gentleman determine “proven capacity”?
to rewrite or revise our Constitution. Perhaps we have
to adopt what is currently used by existing law to keep REV. RIGOS. That will be the problem of the
up with the times. appointing power.
MR. NOLLEDO. I have only two more questions.

Madam President.
Madam President, I would like to ask one question
May refer the Gentleman to Section 2 (1) on page
I
on Section 6, page 3, lines 13 to 16 which says:
2, line 19 specifically with reference to the word “pre-
ferably.” Because of the use of the word “preferably,” No officer of the Armed Forces in the active service
the meaning will be that the requirement of proven shall, at any time, be appointed or designated in a tem-
capacity for public administration will only be direc- porary or acting capacity to a civilian position in the
tory. Is the Committee willing to delete the word “pre- government.
ferably,” and instead say emphatically “with proven
capacity for public administration”? If we equate with other provisions, we cannot
this
prevent the President from appointing the officer to
MR. FOZ. Before we answer the question. Madam a double position, not necessarily in a temporary
President, we would like to apologize for an oversight. capacity, if the law allows it because the Constitution
We would like to request Commissioner de Castro to does not prohibit double position, it only prohibits
sit here with us as member of the panel. double compensation. So with the term “temporary
or acting capacity,” the purpose behind this provision
MR. DE CASTRO. would prefer to sit here because
I may be negated, if there is a law allowing a member of
I have some questions and interpellations to be made the Armed Forces to concurrently, a civilian
hold,
to the Committee. position. So, why does the Committee not say can-
not be designated in any capacity to a civilian posi-
MR. FOZ. Madam President, that does not prevent tion in the government” because there is a possibility
anyone of those who are now sitting here to interpellate that there may be a law allowing double position? In
if the
the Committee. But may we ask Commissioner de fact, even double compensation may be allowed,
Considering that the pro-
Castro to answer the question of Commissioner Nolledo law so specifically states.
because it was Commissioner de Castro who proposed ponent’s prohibition is with respect only to temporary
or acting capacity, would it not be gratuitous
on my
the phrase now being questioned by Commissioner
Committee to change the
Nolledo. part to recommend to the
to in any
expression “temporary or acting capacity
THE PRESIDENT. Commissioner de Castro is recog- capacity”?
nized.
MR. FOZ. But the Committee believes that as pre-
MR. DE CASTRO. Thank you. Madam President. sentlyworded, Section 6, page 3, would already bar
the
the
When we were discussing this in the Committee, I appointment of any officer in the active service of
from being appointed
did not use the word “preferably.” We were considering Armed Forces of the Philippines
in any capacity. The phraseology is so encompassing as MS. QUESADA. Thank you.

to really prohibit even the Legislature from passing a
Secondly, I would like to address the issue here as
law that would go against the grain of such a provision.
provided in Section 1 (4), line 12, and I quote; “No
officer or employee in the civil service shall engage,
It says here, “appointed or designated in a temporary
directly or indirectly, in any partisan political activity.”
or acting capacity.” What situation would still be left
This is almost the same provision as in the 1973 Con-
out, if this provision were approved?
stitution. However, we in the government
service have
actually experienced how provision has been
this
MR. NOLLEDO. Thank you. Commissioner Foz.
violated by the direct or indirect partisan political
|
Thank you. Madam President. \ activities of many government officials.
So, is the Committee willing to include certain clauses

SUSPENSION OF SESSION that would make this provision more strict, and which
would deter its violation?
It was 10:29 a.m. MR. FOZ. Madam President, the existing Civil Service
Law and the implementing rules on the matter are more
than exhaustive enough to really prevent officers and
employees in the public service from engaging in any
At 10:40 a.m., the session was resumed. form of partisan political activity. But the problem
really lies in implementation because, if the head of a
THE PRESIDENT. The session is resumed. ministry, and even the superior officers of offices and
To agencies of government will themselves violate the
clarify certain matters, we have several docu-
constitutional injunction against partisan political
ments here now on our tables, such as the basic docu-
ment that was presented yesterday, and copies of the activity, then no string of words that we may add to
common provisions which we amended by substitution. what is now here in this draft will really implement the
So, please be guided by these particular documents constitutional intent against partisan political activity.
where the lines are numbered on the left margin. But Just the same, the Committee is amenable to any
suggestion that the Commissioner or others believe will
MR. RAMA. Madam President. improve the phraseology of this existing provision.

MS. QUESADA. Thank you.
Another point I would like to raise is on page 2,
MR. RAMA. I ask that Commissioner Quesada be Section 3, line 36. This is about the functions of the
recognized. Civil Service Commission as the central personnel
agency of the government, specifically those of “per-
THE PRESIDENT. Commissioner Quesada is recog- sonnel actions, classifying positions, prescribing condi-
nized. ®
tions of employment except as to compensation and
other monetary benefits.” What is the Committee’s
MS. QUESADA. Madam President, I would like intention here for the Civil Service Commission to cover
to tollow up the interpellation of Commissioner Nolledo the functions exercised right now by the Office of Com-
m connection with Section
(1) on the phrase “in-
1
pensation and Position Classification under the Office
cluding government-owned or controlled corpora- of Budget and Management?
tions. The Gentleman has already argued
for the
removal of this phrase which might MR. FOZ. Right now under the existing law and
eventually run
with certain provisions in the Bill of
in conflict procedures, we concede that this function of classifying
Rignts
such as the granting of the right of workers positions in the government service is being performed
in both
government and private institutions, including by the Office of Budget and Management. But that does
these
government-owned or controlled corporations. But not preclude, right now under existing law, the Civil
anyhow, I would like to find out, Service Commission from doing certain classification of
if the Committee is
“willing to die” for the inclusion or the retention when it comes to salary scales
positions. But, of course,
of
this particular phrase so that when the time comes, v/e and Commission has to coordinate with the
rates, the
know what the stand of the Committee is. Is it that OBM. The Committee would be amenable to suggestions
important for the Committee to retain this particular or amendments that would clarify this function that we
phrase for which many government workers are “willing are assigning to the Civil Service Commission.
to put their lives on”?
MS. QUESADA. Thank you. Madam President.
MR. FOZ. The Committee is amenable to any reason- At the appropriate time, I shall introduce some
able amendments at the proper time. amendments.
MR. FOZ. Thank you. So, the proposal here is to fix the minimum salaries
of the members of the commissions at something be-
MR. RAMA. Madam President, I ask that Commis- tween the scale of the Supreme Court and that of the
sioner de Castro be recognized. Intermediate Appellate Court.
THE PRESIDENT. Commissioner de Castro is recog- MR. DE CASTRO. Would the sponsor consider sug-
nized. gestions when the time comes, or to have this portion
for salaries amended?
MR. DE CASTRO. Thank you, Madam President.
I am a member of the Committee on Constitutional MR. FOZ. Would the Gentleman propose an increase,
Commissions and Agencies but 1 have certain inquiries a further increase in the salaries of commissioners?
to make. Records will show that I have never been
absent in their proceedings and I am always the one
MR. DE CASTRO. I do not know whether it would
ahead of anybody in the Committee. I I have
regret that
be a further increase or decrease, but when the time
to make certain clarifications on this matter.
comes would the sponsor consider?
OnSection 1, page 1, the sponsor stated that the
Constitutional Commissions shall be the Civil Service MR. FOZ. As long as it would increase salaries, I
Commission, the Commission on Elections and the think the Committee would be amenable.
Commission on Audit. Since there are other proposed
resolutions for other agencies to be made constitutional MR. DE CASTRO. Thank you.
bodies, will this statement not prevent any of those pro-
posed constitutional bodies to be included in the event Section 3, page 1, lines 9, 10, and 1 1 says: “No mern-
that the resolutions shall be approved by this body? ber of a Constitutional Commission shall, during his
For example, the National Police Commission, the .”
tenure, engage in the practice of any profession . .
Human Rights Commission, the National Pollution

Is teaching considered the practice of a profes-
Control Commission and the Good Government Com-
sion? I am asking this because I would like to put on
mission are the proposed constitutional bodies. In the
record my perceptions on this, which I failed to do
event that the proposals will be approved by the body,
during our committee hearings. Is teaching, for example,
will the Committee be willing to make additional
the teaching of law, a practice of a profession?
sentences to Section 1?
did not reach any decision on

this
MR. FOZ. Yes, Madam President. When Proposed Re- MR. FOZ. We
were views to the effect that teaching
solution No. 468 was drafted, the other proposals on the matter. There
should be considered as practice of a professioii,
but
creation of other constitutional bodies and commissions
suggestiori of
had not been disposed of by the Committee on Consti- there were opposite views, and so, on the
some members, we dropped the subject on that point.
tutional Commissions and Agencies, so the way is still
open for inclusion of other bodies in this section once
the Committee has acted on the other proposals for MR. DE CASTRO. During the discussions, a certain
constitutional bodies. jurisprudent — I do not know who brought it up
was
cited as stating that teaching not a practice of a pro-
is
MR. DE CASTRO. Thank you. fession. I said there is no better practice of a profession
On Section 2, page 1, lines 6 and 7, the salary of than teaching. you teach, you study, you research and
If
the Chairman is PI 20,000, and each Commissioner, you teach, so you are practicing your profession.
PI 00,000. How was this arrived at, considering that in When the time comes, will the sponsor be amenable
the 1973 Constitution, the salary of the President is to certain amendments on this matter?
only PI 00,000?
MR. FOZ. The Gentleman would specify that teach-
MR. FOZ. During our deliberations, data we sought
ing is not practicing?
on the salaries of the members of Mie Supreme Court, as
well as those of the Intermediate Appellate Court. We
MR. DE CASTRO. To my perception, yes. Would
were informed that in the case of the members of the
the sponsor, at an appropriate time, accept certain
Supreme Court, the salary of the Chief Justice, for in-
stance, is around — I cannot cite the exact figure now — amendments on this?
PI 30,000; in the case of an associate member or Justice

MR. FOZ. We will consider, but we cannot promise.
of the Supreme Court, it was, of course, much lower; in
the case of the members of the Intermediate Appellate
Court — I cannot remember the exact figure now — but MR. DE CASTRO. Section 4, line 17, page l.says:
“The Commissions shall enjoy fiscal autonomy.^
What
the salary range is something below what we cite here in
here.
Section 2. does the Committee mean by “fiscal autonomy
MR. FOZ. The term by the second

is explained Provisions says: any decision, order, or ruling of
“. . .
sentence of the provision which states, and I quote: each Commission may
be brought to the Supreme Court
“Appropriations for the Commissions once approved on certiorari by the aggrieved party. .” Do we mean by
.
shall be automatically released.” this that the only ground for bringing it to the Supreme
Court is grave abuse of discretion? I say this because
MR. DE CASTRO. So, “fiscal autonomy” only refers the phrase “may be brought to the Supreme Court” is
to automatic releases? Do I get it that way? exactly the same as the phrase in the old Constitution,
particularly in the provisions on the Commission on
MR. FOZ. As presently worded, that seems to be the Elections, and our Supreme Court has already held:
intention. We hold, therefore, that under this provision the cer-
tiorari jurisdictionof the Supreme Court over orders,
MR. DE CASTRO. When we say a Commission has rulings and decisions of the COMELEC in this instance
fiscal autonomy, is it just the automatic release of its should be confined to instances of grave abuse of discretion
appropriations? amounting to patent and substantial denial of due process.
MR. FOZ. We know that “fiscal autonomy” as a MR. FOZ. May we request Commissioner Regalado to
term would encompass a broader think it field, but I
respond to the question?
was the feeling of the Committee that it should be
narrowed down to automatic release of funds once MR. REGALADO. Yes, that case cited by Commis-
appropriated and approved by the legislature.
sioner Bernas was the wording of Justice Barredo with
respect to the decisions or orders of the COMELEC. But
MR. DE CASTRO. Thank you. this provision here contemplates a petition for review by
On page 2, Section 2 (2), lines 31 to 32 says: “In no certiorari under Rule XLV
of the Rules of Court and
case shall any member be appointed in a temporary or that includes as grounds grave abuse of discretion, lack
acting capacity.” Does the word “member” here include of jurisdiction and excess of jurisdiction.
the Chairman?
FR. BERNAS. The decision I cited was precisely
MR. FOZ. The word “member” is inclusive of the an interpretation of the clause in the provisions on the
Chairman. COMELEC which says: “Any decision, order, or ruling
of the Commission may be brought to the Supreme
MR. DE CASTRO. Does it include the Chairman and
Court on certiorari ...” In interpreting that provision in
all the members?
the case of Aratuc, the Supreme Court said:
MR. FOZ. It includes the Chairman because “mem- We hold, therefore, that under the existing constitutional
ber” is a generic term. and statutory provisions, the certiorari jurisdiction of the
Court over orders, rulings and decisions of the Comelec
MR. DE CASTRO. I noticed that we have
been using
is not as broad as it used to be and should be confined to
the word “Chairman” in Section 2(1)- “the instances of grave abuse of discretion amounting to patent
Chairman
and two Commissioners” - but in the and substantial denial of due process.
last sentence of
Section 2 (2) the word “member” is Does that express the sense of the Committee?
used that is why I
am asking whether this includes the Chairman and
all
the commissioners thereof. MR. REGALADO. That was the view of Justice
Barredo in the Aratuc case while he was the ponente,
MR. FOZ. “Member” would include the Chairman. but I do not have the citations at hand. In subsequent
decisions wherein Chief Justice Teehankee concurred,
MR. DE CASTRO. Thank you. he believed that the mode of review on certiorari under
Rule XLV is to be understood as including acts of the
MR. RAMA. Madam President. Constitutional Commissions, without jurisdiction or
acting in excess of jurisdiction.
FR. BERNAS. This seems to me the same thing. If it
MR. RAMA. I ask that Commissioner Bernas be recog- is without jurisdiction or in excess of jurisdiction, there
nized. is grave abuse of discretion.
THE PRESIDENT. Commissioner Bernas is recog- MR. REGALADO. No, Commissioner. Grave abuse of
nized. discretion may be equivalent to lack of jurisdiction, if it
was done in a capricious or whimsical manner. But
FR. BERNAS. Just a few clarificatory questions. excess of jurisdiction is a little different, meaning, that
Madam President. Section 5, line 23 of the Common the Supreme Court had jurisdiction but it overstepped
the bounds of jurisdiction in the exercise thereof. That No member of the Civil Service shall be removed, sus-
is what Justice Teehankee also pointed out. Grave abuse pended or otherwise disciplined except for just causes as
of discretion, I agree, results in lack of jurisdiction, but may be provided by law.
excess of jurisdiction presupposes that the Court, while Does the phrase “as may be provided by law” refer
with jurisdiction, just overstepped the permissible merely to the procedure or also to the cause? In other
bounds in the exercise thereof. words, does this mean that it is not enough that the pro-
cedure of law be followed but that the causes must
FR. BERNAS. So, for purposes of the record now, themselves be specified by law?
what is the intention of the Committee? What are the
grounds for certiorarP. MR. FOZ. In both cases. Madam President — pro-
cedural and substantive.
MR. REGALADO. The Committee which refers
by FR. BERNAS. On 3, Section 4, line 5, the
page
specifically to a technical term of review certiorari
would be relying on the provisions of Rule XLV of the provision begins the phrase “Unless otherwise
with
provided by law” which does not exist in the 1973
Rules of Court that laid down the three grounds.
Constitution. This was inserted in a 1981 amendment.
FR. BERNAS. My next question is on the Civil We know the reason why this was put in here. It prac-
tically renders the provision useless because the whole
Service Commission — Section 1 (2) on page 2. This, to
some extent, has already been brought up by Commis- matter becomes discretionary with the legislature. It
is one of those instances in the 1973 Constitution, as
sioner Nolledo. And I also notice that the old phrase
“policy-determining, primarily confidential and highly amended and constantly reamended, where they throw
in the phrase “Unless otherwise provided by law”
technical” has been eliminated. Does this mean that
precisely to give the President a free hand in his decree-
such classification no longer exists? It seems to me that
even within the classifications of career and noncareer making power.
service, we can still have subclassifications of highly
MR. FOZ. The original provision in our draft actually
technical, policy-determining and primarily confidential
adopted the provision in the 1973 Constitution. In other
appointments which are the bases for the distinction
words, it was without that phrase “Unless otherwise
between competitive and noncompetitive appointments.
provided by law” but the Committee thought that
In other words, the way I understand the old law,
should be included.
appointments to the civil service were always according
to merit and fitness. But merit and fitness were deter- depends on the
FR. BERNAS. So that ultimately it
mined in some cases by competitive examination. In the legislature.
cases of policy-determining, primarily confidential and
highly technical positions, merit and fitness are not MR. FOZ. As presently worded now, the provision
determined by competitive examination. would allow the legislature to really provide otherwise,
meaning, to allow an elective official to be appointed to
MR. FOZ. As I mentioned in my reply to Commis- an executive office.
sioner Nolledo, the phrase “policy-determining, prima-
rily confidential and highly technical in nature” is no FR. BERNAS. Thank you.
longer being used. As a matter of fact, in the Civil
Service Law or P.D. No. 807 and the implementing rules MR. RAMA. Madam President, I ask that Commis-
promulgated pursuant thereto, the phrase is no longer Maambong be recognized.
sioner
used and instead the classification of positions in the civil
service has been under two broad categories; namely, THE PRESIDENT. Commissioner Maambong is
career and noncareer service. recognized.
FR. BERNAS. quite realize that there is such a

I MR. MAAMBONG. Thank you. Madam President
distinction, but under “career and noncareer service” and members of the Committee.
there is still a subclassification of policy-determining,
I understand that the reason for the creation of
primarily confidential and highly technical positions,
constitutional commissions is to give these bodies in-
but I think we can
dependence, and it goes with the terms “nonpartisan
. . .
and “impartial.” But the fact remains that the people

MR. FOZ. I do not recall reading those terms, as far
who are appointed tocommissions are still
these
as the Civil Service Law is concerned. presidential appointees, in accordance with the
provi-
sions. The Committee even suggested that the

appoint
FR. BERNAS. At any rate, perhaps we could come ments would no longer require confirmation,
which
back to that during the period of amendments. means that these do not have to pass through the Com-
body and these
I have another question on Section 1 (3), lines 9 to mission on Appointments or any such
1 1 which says: could be considered purely a presidential act.
This is the reason we should try to put in some It shall be the duty of every citizen to engage in gainful
checks and balances inside the commissions. In fact, I work to assure himself and his family a life worthy of
filed Proposed Resolution No. 460, which, unfortunate- human dignity.
ly, has not been referred to in any way in the report,
Here is a man who tries to serve the public by
and I take it to mean that it has not been considered. In presenting himself as a candidate. He may have all the
my proposal, I said:
qualifications in the world but he happens to be a very
The Constitutional Commissions shall be the Civil Service bad politician and he lost in the elections. And because
Commission, the Commission on Elections and the Com- of that we punish him. We do not give him a job even
mission on Audit. One-third of the composition of each though he is qualified, and so, he is now a lame duck
shall be appointed from a list of competent persons recom- because he cannot find gainful employment. What is he
mended by opposition parties, supposed to do?
to provide some checks and balances. If somebody could please give me the rationale for
However, upon discussing this matter with one of the this provision, perhaps we could understand this better.
Is there any particular reason why we are retaining this
members, Honorable Jamir, to be specific, I agree with
his thinking that Proposed Resolution No. 460 should
provision from the 1973 Constitution?
not apply really to the Civil Service Commission and the
Commission on Audit because these are professionalized MR. FOZ. Yes, the Commissioner is right that this is
bodies. But Commissioner Jamir was thinking — and I just a reenactment of an existing provision in the 1973
hope I got him correctly — that probably this should Constitution, with the difference that in our proposed
apply more to the COMELEC. I recall — of course, this provision now there is the addition of the phrase ‘‘or in
has been denied — that former Commissioner Felipe, any of its subsidiaries,” referring to government-owned
now Chairman of the COMELEC, was supposed to have or controlled corporations.
been appointed, according to the newspapers, on
account of the fact that he was with the opposition. MR. MAAMBONG. This makes the prohibition
But, of course, that has been denied by Chairman worse, because it now covers any of its subsidiaries.
Felipe.
In the case, for example, of the other members of the
MR. FOZ. As explained by Commissioner Bernas in
his book on the 1973 Constitution, this provision at-
Commission on Elections, if .we have to talk about
former Dean Bacungan, he had no political party what- tacks the evil practice of rewarding political lame ducks
soever. He was appointed because of his competency, with appointments in government positions. That is the
his knowledge of the law, and so on. But I am toying statement of Father Bernas. And we subscribe to the
with this idea, and I am asking the Committee if we proposition that the practice of appointing lame ducks
could probably talk about it and decide whether we are is an evil political practice.
going to push Proposed Resolution No. 460 through

which provides that, in the COMELEC at least MR. MAAMBONG. I regret that I have not read that
there
should be appointed from a list of portion of the book of Father Bernas, the big one, the
competent persons
those recommended by the opposition big book . . .
parties.
How does the Commission feel about this? MR. FOZ. It is the green book.
MR. FOZ. The Committee will be ready to discuss
at the proper time.
it MR. MAAMBONG. the green book which is rather
It is
expensive. I was reading actually the book of the wife of
MR. MAAMBONG. Thank former Chief Justice Fernando and other books. But
you.
even with that explanation, I still could not get it, but
I will go to another point because I have been given perhaps we can talk about it when it comes to that
only very few minutes. particular provision so that we will not delay the dis-
I am worried about Section 5, page 3, lines 9 to 12 cussions.

which says:
We have another point here regarding this statement
No candidate who has lost in an election
shall, within one
made yesterday by the proponent on the tripod of the
year after such election, be appointed to any office in the civil service system when he said that we have the merit
government, or any government-owned or controlled system, the principle of neutrality and security of
corporation or in any of its subsidiaries. tenure. I can understand both the merit system and the
security of tenure, but I do not understand neutrality.
It is an all-embracing prohibition. I have been going
What is this? Does it have something to do with the
over the books on constitutional law, including the
US bases or something?
book of Father Bernas, and I cannot seem to find any
justification for this provision. was going over our
I
MR. FOZ. I know that the Commissioner just being
is
present Constitution and may I refer the Committee to funny about this, but I know he is familiar with the
Article V, Section 3 which says: principle of political neutrality in the civil service.
MR. MAAMBONG. I really am not, I am sorry. dropped and this new provision is under Section 4, that
could solve the problem one way or the other.
MR. FOZ. It means that the professional body of I just want to make a final statement regarding the
men and women who are in the public service must not statement of Commissioner de Castro about the teach-
involve themselves —
not overly involve them-
at least
ing of law as a profession. I do not know if there are
selves — because the purpose of the
in political activities new decisions now — because I taught legal ethics a long
civil service is efficiency in the delivery of services to its
time ago — but if I recall, the Supreme Court was verj'^
clients, which refers to the people at large. The belief is
specific in saying that when a lawyer practices as a
that, if members of the civil service engage in partisan
notary public, he is, in effect, practicing law. But I have
political activity, they may be distracted from their
not seen any decision of the Supreme Court as of the
original and essential goal or objective of performing moment, which says that when a lawyer teaches law, he
their jobs in the public service efficiently. That is the
is practicing a profession.
main idea.
That is just my impression; I have not read any such
decision. Probably there is a decision which I do not
MR. MAAMBONG. I understand it now. Just one know of.
point on that Section 5, Madam President. In the 1973
Constitution as amended in 1984, elective officials can Thank you. Madam President.
hold other positions in government under two instances:
One, if he is a Cabinet member, and, two, if it is so MR. RAMA. Madam President, I ask that Commis-
provided by law. This provision has now been de- sioner Tan be recognized.
leted in the present configuration of the proposed
provision. I would like to know whether or not with THE PRESIDENT. Commissioner Tan is recognized.
the deletion of that provision in the Constitution,
elective officials can already hold other positions in SR. TAN. Madam President and Members of this body,
government considering that the original provision was I was wondering
refer to Section 4, page 3, lines 5. I
a prohibitory provision with an exception. if the Committee would consider Proposed Resolution
What is the position of the Committee on that now? No. 54 of Commissioner Davide which cites “that many
public officers have becohie the ‘property’ of many
MR. FOZ. Is the Gentleman referring to Section 4? politicians or a piece of inheritance of many families.
Commissioner Davide also states that many officials
MR. MAAMBONG. I am referring to Section 5, and “devote most of their time preparing themselves for re-
son-in-law
from the 1973 Constitution, but election or for the election of a wife, a son, a
this section was lifted
as that Constitution was amended in 1984, there was a
holding like
general prohibition against elective officials
Would the Committee consider adding sornething
other offices. However, there were two exceptions: he lis, after Section 4 or whatever section it could be
can hold on to another office as a member of the Jded WITHIN TWO YEARS FOLLOWING TOE
to:
Cabinet, or as provided for by law. XPIRATION OF THE TERM OF AN ELECTIVE OF-
I want to know whether or not that prohibition still ICIAL, NO SPOUSE OR RELATIVE BY COI^
applies because it was deleted from this proposal. ANGUINITY OR AFFINITY WITHIN THE THIRD
IVIL DEGREE OF SUCH OFFICIAL SHALL
BE
LIGIBLE FOR ELECTION TO THE OFFICE TO BE
MR. FOZ. First of all. Madam President, I think the
Gentleman is referring to Section 4, page 3, starting on
line 5. It is not Section 5 but Section 4.
Would the Commissioner consider this amendment as
out of the question?

MR. MAAMBONG. In other words, that prohibition
before is now covered by Section 4.
MR. FOZ. The Committee, I think, will consider
that. I remember. Madam President, that a stoilar pro-

MR. FOZ. Yes, it is Section 4 in our draft.
on the executive deparU
vision is now part of the draft
ment. I recall a similar provision on a similar ban which
MR. MAAMBONG. Thank you. Madam President. Bu
was approved by the Committee on the Executive.
such an
Just one more statement. the Committee would be willing to entertain
amendment.
MR. FOZ. I have not answered the Gentleman’s
question. I was just trying to correct the reference to
SR. TAN. Thank you very much.
Section 5; it is Section 4 in our draft.
ask that Commis-

MR. MAAMBONG. Madam President, I think it MR. RAMA. Madam President, 1
answers my question, because if that provision was sioner Davide be recognized.

THE PRESIDENT. Commissioner Davide is recog- MR. FOZ. That proposal would advance the date
nized. from which to compute the period.
MR. DAVIDE. Thank you. Madam President. MR. DAVIDE. When is the matter deemed submitted
Will the sponsor yield to some questions? for decision?
MR. FOZ. Gladly, Madam President. MR. FOZ. Of course, by saying that from the date of
the last pleading . . .
MR. DAVIDE. I will begin with the Constitutional

Commissions based on the amended draft. MR. DAVIDE. Yes, almost similar to the approved
section of the Article on the Judiciary.
On Section 3, on the matter of the prohibition, it is
not very clear here whether the member of a constitu-
tional commission shall also be prohibited from holding MR. FOZ. But after the date of the last pleading,
any other public office or employment in the govern- there would still be some proceedings, for instance, for
ment or any of its subdivision, instrumentality or oral arguments.
agency. Would it not be appropriate, to be consistent
with the policy of the government now, that members MR. DAVIDE. That is why we indicate here “upon
of the Commission should also be prohibited from the filing of the last pleading, brief, or memorandum
holding any public office or employment? required by the rules of the Commission or by the Com-
mission itself,” because we authorize a commission to
MR. FOZ. Does the Commissioner refer to a provi- promulgate its own rules.
sion in the Article on the Legislative which prohibits
members of the legislature from holding any other MR. FOZ. Would that not put the commission in
position or employment in the government? great difficulty?
MR. DAVIDE. Yes.

MR. DAVIDE. It would not because the period of 60
Another point, Madam President. As to the computa- days computed from the date of submission would be
tion of the period within which a commission shall sufficient.
decide a matter or a case pending before it which states:
sixty days from the date of its submission for resolu- The idea here is only to provide a rule requiring the
tion,” how would the sponsor determine the exact date Commission to decide a particular matter or a case with-
when the matter is deemed submitted for resolution? in a definite period, so that it will not actually put any
matter subject to its whims and caprices.
MR. FOZ. I think Commissioner Davide On
is referring another matter. Section 5, lines 27 and 28, states
to Section 5.
that the decisions of the Commission on Elections on
municipal and barangay officials shall be final, inappeal-
MR. DAVIDE. Yes. able and executory as recommended. Would it cover all
kinds of issues affecting municipal and barangay offi-
.
This is on line 20, page 1, of our amended cials or would it refer only to contests relating to the
draft which reads: election, returns and qualifications of such officials?
Each Commission shall decide by
a majority vote of all its
members any case brought before it
within sixty days from
MR. FOZ. This refers only to electoral contests.
the date of its submission for
resolution.
MR. DAVIDE. So, at the appropriate time, is the
Commissioner is how to deter-
mine the date of submission sponsor willing to accept an amendment specifying the
for resolution.
area relating to municipal and barangay official?
MR. DAVIDE. Madam President. Would it not

Yes,
MR. FOZ. There was really an oversight here, and we
be best to apply the rule just approved by the
Commis- are willing to entertain an amendment to clarify this.
sion in the matter relating to the Judiciary?
MR. FOZ. May know MR. DAVIDE. I will bring the sponsor’s attention to
I the rule, Madam President? page on the Civil Service Commission proper, more
2,
particularly on the prohibitions against partisan poli-
MR. DAVIDE. For
instance, we can state here that tical activity. The present provision of the 1973 Consti-
a case or matter is deemed submitted for decision or tution provides further: “or take part in any election
resolution “upon the filing of the last pleading, brief or except to vote.” I notice, however, that in this draft,
memorandum required by the rules of the Cornmission that particular clause has been deleted. May we know
or by the Commission itself.” the philosophy for its deletion.
TUESDAY,] ULY 15 1986
,
543
MR. FOZ. The last clause which states: “or take part MR. RAMA. Madam President, I ask that Commis-
in any election except to vote” was deleted to remove sioner Ople be recognized.
any confusion or ambiguity of words in the implementa-
tion of this provision. THE PRESIDENT. Commissioner Ople is recognized.
MR. DAVIDE. Would the deletion not amount to a MR. OPLE. Thank you. Madam President.
denial of the right to vote, because voting is a partisan Will the sponsor yield to a few questions?
political activity?
MR. FOZ. Willingly, Madam President.

MR. FOZ. No, we are not saying that public officials
and employees are barred from voting.
I refer to Section 1 (1) of this Article on the Civil

MR. DAVIDE. Yes. To be very safe about it, would
Service which states; “The Civil Service embraces all
the sponsor not grant the need for the restatement or
restoration of the phrase “or take part in any election
branches, subdivisions, instrumentalities and agencies
except to vote”? of the Government, including government-owned or
controlled corporations.”
MR. MONSOD. Madam President, we are willing to May I know from the Committee and its Chairman,
entertain a clarification, but the philosophy behind it
who has written copiously on labor law and workers’
is that the previous provision seemed to indicate that
rights, whether this definition of the scope of the civil
the only two types of activities are voting and partisan service denies the right to self-organization and collec-
political activity. As a matter of fact, the only non-
tive bargaining of all those embraced in this definition.
partisan political activity one can engage in as a citizen
is voting.
MR. FOZ. We are not making any such declaration.
MR. DAVIDE. Yes, that is why I intend to amend Madam President.
this by retaining the original words “or take part in any
election except to vote,” but we
should allow the public MR. OPLE. I would like to call the attention of the
officer or employee to participate in any other manner Committee to this prolonged legal stalemate or constitu-
of voting which is not partisan like in a plebiscite, tional stalemate between the labor and civil service
referendum or initiative proceedings. Probably, we provisions of the 1973 Constitution, specifically Article
could add “participation in any plebiscite, referendum II,Section 9, which extends to workers and employees,
or
or initiative proceedings shall not be considered regardless of whether they are in the private sector
the right to self-organization and
partisan.” in the public sector,
per-
collective bargaining. However, there is a dispute
of the Civil Service of the 1973
MR. MONSOD. Perhaps, Madam President, we could taining to the Article
Constitution, because the general presumption
of at
also add the phrase “that would allow civil service
of government that the
least the executive branch
is
servants to engage in nonpartisan political activities such
guarantee to self-organization in Article II, Section 9,
as poll watch and safeguarding the polls as citizens.”
employees of the private sector,
extends only to the
and in some cases, also to those of government-owned
MR. DAVIDE. Anyway, we have allowed accredita-
and controlled corporations with original charter. I
of the citizens arm in the provision on the
think this Commission ought not to shrink from
tion the
COMELEC, so that would really be considered as an duty of what I just called a constitu-
finally clarifying
exception. one article of the Constitution
tional stalemate between
Let us proceed to the Commission on Audit. and another. Therefore, I anticipate the presentation of
an amendment during the period of amendments, pro-
the president. The Chair would like to remind bably an additional section, which more or less will read
Commissioner Davide that the Commission on Audit as follows: “Notwithstanding any provision of this Ar-
and collective bar-
will be taken up later. Upon request of the Chairman of ticle, the right to self-organization
gaining shall not be denied to government employees
the Committee on Constitutional Commissions and
unless otherwise provided by law.” I suppose the
legisla-
Agencies, Commissioner Foz, we are concentrating our
armed forces and
interpellation on the Common Provisions of the Article tive body would want to exempt the
analogous
on Constitutional Commissions. the police forces and other employees in
positions exercise very essential security functions
who
MR. DAVIDE. Thank Madam President.
from the coverage of this proposed section.
you,
know how the Committee will revise this
1 reserve my right to interpellate the sponsors on the May I
Commission on Audit at the proper time. provision when this amendment is presented?
MR. FOZ. We would like to respond to the statement (PCGG) and now actually under the supervision, if not
of Commissioner Ople. under the control, of various task forces that owe their
We really believe that the Declaration of Principles, appointments to the PCGG. Two most outstanding
which is Article II as mentioned by the Commissioner, examples are the San Miguel Corporation and the
does not make any distinction when it says that the United Coconut Planters Bank, the majority shares of
State shall assure the right of workers to self-organiza- which have been sequestered by the PCGG. And on the
tion and collective bargaining. It does not say this right basis of a recent memorandum by the President em-
extends only to those in private employment. It is a powering these task forces to vote the shares, they have
general statement that obviously applies to all our actually done so and nominated what appears to be the
workers. majority directors of the boards of these corporations.
Does any provision in this proposed Article contemplate
The provision on the Article on the Civil Service in this new type of government-owned and controlled
the 1973 Constitution which specifically mentions that
corporations and how they are regulated?
government-owned or controlled corporations are
within the ambit of the civil service does not also state I think there are basically two groups of government
that those employed in government-owned or con- employees, those belonging to the civil service and those
trolled corporations are deprived of their right to self- outside the civil service. Does the Civil Service Commis-
organization and collective bargaining. sion have anything to do with this new type of govern-
ment-owned and controlled corporation. Madam Pres-
MR. OPLE. Madam President, I am very delighted to ident? And if they have not been anatomized yet in
hear this response. this Article with respect to their proper category, then
what sort of legal status may be assigned to them for
MR. FOZ. think there was a misunderstanding when
I purposes of clarity?
was discussed in the 1971 Constitutional
this provision
Convention. There was the apprehension of labor rep-
MR. FOZ. There is an existing law. Madam President,
resentatives to that convention that
the phraseif
that defines government-owned or controlled corpora-
“government-owned or controlled corporations” was
tions which is P.D. No. 2029. Under this law, the so-
included in the definition of “civil service,” then the
called acquired assets corporation or affiliate corpora-
consequence was that employees in those government-
owned or controlled corporations would be deprived of tions are not considered government-owned or con-
their right to self-organization and collective bargaining.
trolled corporations. So in the case of the San Miguel
But as I see it now, and even at the time when this Corporation, even if the majority of its shares of stock
provision was being discussed in the convention, there had been acquired by the government through seques-
is
really nothing here that seeks to deprive tration, it still remains a private corporation and not a
the workers
of any right granted in the Declaration of Principles. government-owned or controlled corporation.
MR. OPLE. I fully subscribe to this interpretation MR. OPLE. So that, in effect. Madam President,
o
the provisions of the 1973 Commissioner Foz is assigning them to a kind of legal
Constitution, and I wil
certainly be even more delighted limbo under the heading of “The Acquired Assets
if the Committee will
at the proper time, entertain Department” of the government?
an amendment that wil
make this protection for 1,200,000
employees of th(
government an explicit right. MR. FOZ. San Miguel, for instance, remains a private
Just one more question. corporation.
MR FOZ Before the Commissioner proceeds, we MR. OPLE. Thank you. Madam President. Just one
understand that in another proposed question which has to do with Section
Article in the new final 1 (4) on
Constitution, this right to self-organization
and collec- page 2, line 28, which states:
tive bargaining is sought to be
embodied. I just cannot No officer or employee in the civil service shall engage,
recall which Article or which
committee now is in directly or indirectly, in any partisan political activity.
volved.
What may be denominated as nonpartisan political
MR. OPLE. It is probably the Committee on Social activity which presumably
not covered by this pro-
is
but we hibition? Will belonging to NAMFREL, for example, be

Justice, will look into the relevance of that
provision later.
an exception to this prohibition?
Madam my next question has to do with

President,
MR. FOZ. Since NAMFREL is nonpartisan in charac-
new government-owned or controlled corpo-
species of ter, it is not supposed to side with any political party
rations which do not seem to fit any category in the for political causes. So, engagement in NAMFREL
Constitution. I refer to firms that have been sequestered not covered by the prohibition.
activities is Madam
by the Presidential Commission on Good Government President.
MR. OPLE. Thank you. Madam President. THE PRESIDENT. Yes, the Floor Leader is recog-
But with respect to nized.
this, I think we have noted con-
troversies concerning the nonpartisan character of the
NAMFREL, an impression which has hardly been MR. RAMA. I ask that Commissioner Sarmiento be
mitigated by the appointment following the elections of recognized.
some leaders of NAMFREL to some Cabinet positions
in the government of President Aquino. I am not raising THE PRESIDENT. Commissioner Sarmiento is
this as a valid conclusion to show that the NAMFREL is recognized.

not nonpartisan, but we can have in the future con-
troversies concerning this presumption of nonpartisan- MR. SARMIENTO. Madam President, may I be
ship of the NAMFREL. The Committee, however, is allowed to ask two clarificatory questions?
saying that as part of their intent this prohibition on
Section 5, lines 26 to 29 reads:
partisan political activity will not extend to government
employees who will work for the NAMFREL in the XXX However, final decisions, orders or rulings of the Com-
coming elections. And I suppose the Committee has mission on Elections on municipal and barangay officials
be inappealable and executory.
already ratified the fact that the NAMFREL is indeed shall final,
nonpartisan. My question is: Why do we limit finality of decisions

to cases of municipal and barangay officials? Why do
we exclude city and provincial officials? Are we not
MR. FOZ. We never took it up in the Committee. discriminating against city and provincial officials?
What I said was a personal statement. But in that con- What is the explanation. Madam President?
nection, I think NAMFREL, as organized, is really
nonpartisan. But if some government employees or of- MR. FOZ. Under law, the decisions of the
existing
ficers join in its activities and engage in some partisan barangay election contests
municipal courts as regards
activities, then the blame should not be laid at the door
are final.
of NAMFREL as an institution or organization, but on
the particular government officers or employees who MR. SARMIENTO. What about municipal officials?
did engage in partisan activities. What makes them different from city officials?
MR. OPLE. can accept that. I have nothing against

I MR. FOZ. Let me finish my reply.
the NAMFREL because we worked together very well

in the Province of Bulacan in the previous elections. MR. SARMIENTO. Thank you.
What I am trying to point out. Madam President, is that
in many localities in the country, government em- MR. FOZ. But the case of electoral contests involv-
in
ployees who would like to seek cover for partisan ing municipal officials, the decisions of the municipal
activity would be strongly tempted to apply to the court are appealable to the Regional Trial Court at
NAMFREL for volunteer work so that under the cover present. So under this provision the decisions of the
of a noble and idealistic organization, they will proceed Commission on Elections would also be final in the case
to take sides in the local elections. And so, I just want to of municipal and barangay officials.
input these into the Committee on perceptions of what In the case of city and provincial officials, I cannot
should be the law. recall the existing law. But, I have the idea that they can
Thank you very much. Madam President. be tried by the Regional Trial Court, and its decisions
are appealable to the Intermediate Appellate Court.
MR. MONSOD. Madam President, since the idea and

the subject matter has been inputted, I will gladly MR. SARMIENTO. Will the sponsor agree with the
discuss this more fully with the honorable Commis- possible inclusion of city officials in the finality of
sioner at some other time and place. I just want to say decisions of the Commission on Elections?
that regarding these accusations about the partisanship
of NAMFREL, many observers also say that those who MR. FOZ. We have no basic objection to that, but
claim that NAMFREL was partisan were those who this may raise some kind of a howl from those who are
wanted to cheat. And with respect to the appointment involved.
of NAMFREL people in government, I think civic-
minded people who are qualified to hold government MR. SARMIENTO. May I proceed to my next
positions are not disqualified for having participated question. Madam President.
in a nonpartisan organization like NAMFREL.
Section 5, line 25 reads: “certiorari by the aggrieved
Thank you. party thirty days from receipt.” Is the Committee
contemplating a period within 30 days from receipt of a
MR. RAMA. Madam President. copy thereof?
MR. FOZ. I am sorry. Madam President. There was Doon po sa 1973 Constitution, Section 1 of the
reallyan omission here. There should be the word provisions on the Civil Service Commission, ang naka-
“within” to precede “thirty days.” saad ay “to any office,” hindi po kasama ang “public.”
Bakit nilagyan natin ngayon ng “public”? Hindi ba ito
MR. SARMIENTO. Thank you very much. Madam magiging isang butas? Halim bawa mayroong isang
President. magaling na mayor. Dahil sa ang kanyang Vice-Mayor
ay ating kamag-anak, puwede nating ilagay iyong Mayor
MR. RAMA. Madam President, I ask that Commis- sa isang office na hindi public para mailagay iyong
sioner Tadeo be recognized. ating kamag-anak na Vice-Mayor bilang Mayor.
Doon sa 1973 Constitution ang nakasaad ay “any of-
THE PRESIDENT. Commissioner Tadeo is recog- fice,” pero itong ating Constitution ay “any public
nized.
office.” Ano po ang dahilan at nilagyan natin ng
“public”?
MR. TADEO. Madam President, bilang paglilinaw
lang po. Section 1 (3), lines 9 to 1 1 of the provisions on
the Civil Service Commission, states: MR. FOZ. The basic idea really is to prevent a situa-
tion where a local elective official will work for his
No member of the civil service shall be removed, sus-
appointment in an executive position in government,
pended or otherwise disciplined except for just causes as
and thus neglect his constituents. But the Commis-
may be provided by law.
sioner’s question is on the addition of the word “pub-
Ginamit po natin dito ay plural, “just causes.” Does lic” to describe “office or position.” I think there was
this mean that the ground to remove, suspend or dis- no basic difference intended in the previous provision
cipline must be at least more than one cause? Hindi ba which did not have the word “public.” A government i
sapat na iyong isa o kinakadangang higit sa isa? office was what was really meant. !
MR. FOZ. Just one cause, of course, may be suffi- MR. RAMA. Madam President.
cient. This is really a misprint again. It should be only in
the singular, “just cause.” THE PRESIDENT. Yes, the Floor I.eader is recog-
nized.
MR. TADEO. Another point. Section 1 (4), lines 12
to 14 states: MR. RAMA. For the last interpellator, I ask that
No officer or employee in the civil service shall engage, Commissioner Suarez be recognized.
directly or indirectly, in any partisan political activity.
Doon po sa 1973 Constitution, Section 5 of
the
provisions on the Civil Service nized.
Commission, ang naka-
saad ay ito: ‘including members
of the Armed Forces.”
a ay sa ating karanasan,
kahit nakalagay na roon iyong MR. SUAREZ. Thank you, Madam President.
tungkol sa members of the
Armed Forces, naging These are only clarificatory questions. Madam Pres-
partisan pa rin sila. Bakit
natin inalis ngayon?
ident. May I the sponsor’s attention, first of all, to
call
MR. FOZ Section 2 (2) on the Civil Service Commission wherein

In reply to that, the same was formulated it is stated: “In ho case shall any Member be appointed
Committee on General Pro-
vkinnT V has specific provisions regarding in a temporary or acting capacity.” I detect in the Com-
bers of
the mem mittee’s proposed resolutions a constitutional hangover,
rmed Forces. And one of the specific
®
. .
pro- if I may use the term, from the past administration. Am
visions approved by the
Committee on General Provi-
sions IS precisely the one which I correct in concluding that the reason the Committee
prohibits members of
the Armed Forces of the Philippines introduced this particular provision is to avoid an in-
from engaging ir
partisan political activity. That cident similar to the case of the Honorable Francisco
is the reason.
Tantuico who was appointed in an acting capacity as
MR. MONSOD. Madam Chairman of the Commission on Audit for about 5
President, may I add to that
our understanding that the military is not
It is also
years from 1975 until 1980, and then in 1980, was
part appointed as Chairman with a tenure of another 7 years.
of the civil service and, therefore, must be dealt with in
So, if we follow that appointment to logical conclusion,
another section of the Constitution.
he occupied that position for about 12 years in violation
of the Constitution?
MR. TADEO. Section 4, page 3, lines 5 to 8, states:
Unless otherwise provided by law, no elective official

MR. FOZ. It is only one of the considerations.
shallbe eligible for appointment or designation in a tempo- Another is make
sure that any member who is
really to
rary or acting capacity to any public office or position appointed to any of the commissions does not serve
during his term. beyond 7 years.
TUESDAY, JULY 15 1986
,
547
MR. SUAREZ. So an identical provision governing does not mention exceptions which were provided in
the three constitutional commissions would be included the 1973 Constitution. We do not have these in the
in the sponsor’s proposed draft. draft of the provision.
MR. FOZ. This would be a common

sentence or pro-
MR. SUAREZ. But when we use the phrase “tempo-
rary or acting capacity,” this might give the impression
vision for all the three constitutional commissions.
that an elective official may be eligible for appointment
Madam President.
or designation in a permanent capacity.
MR. SUAREZ. Thank you. MR. MONSOD. Madam President, I believe the intent
Let me call the sponsor’s attention to Section 4, page of the Committee by the phrase “for appointment or
3 of the proposed draft, particularly lines 5 to 8. Com- designation” is this: “appointment” refers to a per-
missioner Tadeo already asked the sponsor about the manent capacity and “designation” to a temporary or
insertion of the word “public” to define the word “of- acting capacity. However, to clarify the intent of the
fice.” Myquestion is this; We will recall that under the Committee, we are willing to entertain an amendment.
1973 Constitution, Article 12 (B), Section 4(1) it was
expressly provided in no uncertain terms that no elec- MR. SUAREZ. Thank you.
tive official shall be eligible for appointment to any point is with respect to Section 6, page 3,
The last
office or position during his term of office. However, 16 where mention is made about civilian
lines 13 to
again, this is one of the hangovers from the past regime. in the government. Again, I refer the sponsor
positions
Certain elective officials were appointed to multi- the past regime. Does the sponsor mean that
back to
farious positions in the government, the most out- positions” refer to positions in the Bureau
“civilian
standing example of which is my “kabalen” who was
of Customs, Land Transportation Commission, Veterans
at that time not only governor but was also the Minister
Administration and Manila International Airport where
of Justice and Solicitor General. Did the sponsor have
army officers were appointed to during the past
these officials in mind in proposing the provision which
regime? Is my understanding correct. Madam Pres-
reads:
ident?
shall be eligible for appointment or designation in a tempo- MR. FOZ. We are not referring to a particular office
rary or acting capacity to any public office or position but we have been prompted to draft this provision to
during his term? forestall the general practice in the last few years^^
anointing military men in the active service to purely
civilian positions. We do not see any reasonable basis for
MR. FOZ. Of course, we did not have in mind the such practice.
Commissioner’s “kabalen.” But I filed a resolution
which adopted the original provision of the 1973 Con- MR. SUAREZ. Does positions” include
“civilian
stitution, but in our committee deliberations, it was the those positions, whether permanent or temporary,
consensus to add that clause: “Unless otherwise pro- in institutions like the Jacinto Steel Mills and the
vided by law,” so I was overruled. MERALCO?
MR. SUAREZ. No, Madam President, because a pro- MR. FOZ. Those corporations mentioned by the
vision was contained No. 110 that was
in Resolution Commissioner are under some kind of government
submitted in a plebiscite on January 27, 1984 which control.
would substantiate the sponsor’s proposed amendment
because in that plebiscite this provision was approved, MR. SUAREZ. Not in the case of MERALCO and the
concern.
which reads: Jacinto Steel Mills; those are purely a private

MR. FOZ. In the case of the Jacinto Steel Mills, I
be appointment to any office or position

has been foreclosed by government
shall eligible for insti-
understand it
during his tenure except as Member of the Cabinet,
tutions.
taking into consideration the semi-parliamentary system
of government that was established during the Marcos MR. SUAREZ. Yes, it may have been foreclosed by
still a private
administration. Is it the intention of the sponsor to the government but, nonetheless, it is
adopt the amended provision that was introduced in the corporation.

plebiscite held on January 27, 1984? Is my understand-
ing correct, Madam President? MR. FOZ. Yes.
Committee would not pro-

MR. FOZ. No, Madam President, because as presently MR. SUAREZ. So, the
appointment, temporary or otherwise, o
worded in our draft, the phraseology of this provision hibit the
members of the Armed Forces in the active service to PROPOSED RESOLUTION ON FIRST READING
positions like officer-in-charge of the or of MERALCO
the Jacinto Steel Mills? Proposed Resolution No. 523, entitled:
RESOLUTION EXPRESSING THE SINCERE CONDO-

MR. FOZ. That would come within the spirit of our LENCE OF THE CONSTITUTIONAL COMMISSION OF
proposed provision. 1986 ON THE DEATH OF THE FATHER OF THE
HONORABLE RENE V. SARMIENTO.
MR. SUAREZ. I see. Sponsored by Hon. Quesada.
Thank you. Madam President. To the Steering Committee.
MR. RAMA. Madam President, there are no more COMMUNICATION

speakers who wish to interpellate, therefore, I move that
we close the period of sponsorship and debate on Com- Communication from the Civic Assembly of Women of
mittee Report No. 1 9 on the Civil Service Commission. the Philippines (CAWP), National Council of Women,
proposing provisions on the declaration of principles
|
and state policies, citizenship, suffrage, constitutional
The Chair hears none; the motion is approved. commissions and general provisions.
SUSPENSION OF SESSION of 1986)
MR. RAMA. Madam President, I move for a sus- To the Committee on Preamble, National Territory, and
pension of the session until two-thirty in the afternoon. Declaration of Principles.
THE PRESIDENT. The session is suspended until COMMITTEE REPORT

two-thirty in the afternoon.
It was 12:11 p.m. No. 522, prepared by the Committee on Preamble,
National Territory, and Declaration of Principles,
RESUMPTION OF SESSION entitled;

TUTION ARTICLES ON THE DECLARATION OF
Honorable Efrain B. Trenas presiding.
PRINCIPLES,
THE PRESIDING OFFICER (Mr. Trenas). The
recommending its approval in substitution of Pro-
session is resumed. posed Resolution Nos. 3, 64, 86, 190, 231, 295, 302,
372, 383, 393 and 437.
MR. RAMA. Mr. Presiding Officer. Sponsored by Hon. Davide, Jr., Nolledo, Bengzon, Jr.,
de Castro, Villacorta, Rama, Calderon, Sarmiento,
THE PRESIDING OFFICER Tingson, Rosales, Aquino, Azcuna, Rosario Braid, Foz,
(Mr. Trenas). The Floor Garcia, Quesada and Villegas.
MR. RAMA. Before we proceed to the period of
amendments, move MR. RAMA. Mr. Presiding Officer.
I that we take up the additional
Reference of Business.
THE PRESIDING OFFICER (Mr. Trenas). The Floor
THE PRESIDING OFFICER (Mr. Trenas). Is there
any objection? (Silence) The Chair hears
none- the PERIOD OF AMENDMENTS
motion is approved.
The Secretary-General will read the additional MR. RAMA. I move that we proceed to the period of
Refer-
ence of Business. amendments on Committee Report No. 19 of the Com-
mittee on Constitutional Commissions and Agencies.
ADDITIONAL REFERENCE OF BUSINESS THE PRESIDING OFFICER (Mr. Trenas). Is there

The Secretary-General read the following Proposed motion is approved.
Resolution on First Reading, Communication and Com-
mittee Report, the Presiding Officer making the corre- MR. RAMA. Mr. Presiding Officer, I ask that Com-
sponding references: missioner Colayco be recognized.
THE PRESIDING OFFICER (Mr. Trenas). Commis- MR. FOZ. That is right, Mr. Presiding Officer.
sioner Colayco is recognized.
MR. DAVIDE. But there is nothing in the record to
MR. COLAYCO. Mr. Presiding Officer, will the show that the basis now would be the amended draft.
sponsor answer a clarificatory question? So, I move that for purposes of the deliberations of the
Commission . . .
THE PRESIDING OFFICER (Mr. Trenas). Will the

sponsor yield? MR. FOZ. Before the Commissioner proceeds with
his motion, I would like to inform him that before
MR. FOZ. Gladly, Mr. Presiding Officer.
copies of this amended draft were circulated to the
Members of the Commission, there was a previous paper
MR. COLAYCO. I am referring to Section 4 of the
which contains the committee amendments, copies of
proposed Article XII, which reads:
which were also distributed yesterday.
shall be appointment or designation in a tempo-

eligible for MR. DAVIDE. That is commit-
correct, but before a
rary or acting capacity to any public office or position tee amendment may be admitted, the same must be
during his term. introduced in plenary session. However, I understand
The way I understand this is that we are giving the that the committee amendments are now incorporated
legislature the to authorize the appointment or
power in the amended draft.
designation in a temporary or acting capacity of an
elective official to any public office or position during MR. FOZ. That is right.
his term. Am I right?

MR. DAVIDE. So I now move that the amended
draft Article of the Committee be considered the basis

MR. FOZ. If a law is passed regarding this matter,
of presenting the individual amendments.
then such law may reverse this provision as worded, but
we have said earlier that we will entertain suggestions
from the floor.
any objection? (Silence) The Chair hears none, the
MR. COLAYCO. Personally, I find the policy esta- motion is approved.
blished in this provision meritorious. To make it a firm
policy, I suggest that we delete the prefatory phrase MR. DAVIDE. So on the basis of the amended draft,
I would like to introduce the
following amendments on
“unless otherwise provided by law.”
page 1 Section 2, which will affect lines 5, 6
and 8.
,
MR. FOZ. We agree with the Commissioner.

MR. FOZ. Commissioner Davide may please proceed.
MR. COLAYCO. Thank you.

MR. DAVIDE. On Section 2, page 1, line 5, on Com-
MR. RAMA. Mr. Presiding Officer. mon Provisions of the amended draft, insert between
article AN. On
the words “receive” and “annual” the
THE PRESIDING OFFICER (Mr. Trefias). The Floor line 6, change “salaries” to SALARY, and on line 8,
so that the entire
Leader is recognized. delete the words “or increased”
section will now read as follows:
“Until otherwise pro-
of the Commis-
MR. RAMA. I ask that Commissioner Davide be vided by law, the Chairman and each
sioners shall receive AN annual
SALARY of one hun-
recognized.
twenty thousand pesos and one hundred
ten
dred
not be
thousand pesos, respectively, which
shall
THE PRESIDING OFFICER (Mr. Trenas). Commis-
sioner Davide is recognized. decreased during their tenure.
MR. FOZ. What the purpose

is of the proposed
amendment, Mr. Presiding Officer?
At this juncture, I would like to find out if the basis
for our amendments will be the amended draft Article of all,
MR. DAVIDE. Mr. Presiding Officer, first
on the Constitutional Commissions and Agencies,
insofar as annual salaries are
concerned, it should be in
copies of which were distributed yesterday. refers to the annual
the singular because the Committee
salary of the chairman and
that of each of the commis-
MR. FOZ. This is the same amended draft, copies of
sioners. And in the matter of
decrease or increase to be
which were distributed yesterday.
consistent with the other provisions
of the Constitution,
decrease not on the in-
MR. DAVIDE. Yes, the amended draft which already the restriction should be on the
crease. We prevent the legislature
from decreasing the
contains the proposed amendments of the Committee.
annual salary but not from increasing it, so it must be MR. DAVIDE. I think that would be the effect of the
flexible depending on the economic conditions of the proposal of Commissioner Romulo — to leave it blank in
country. the meantime.
MR. FOZ. But, on the other hand, Mr. Presiding MR. OPLE. Yes, but I mean more than that, Mr.
Officer, there is the possibility that the national leader- Presiding Officer. I think Commissioner Davide is right
ship may increase the salary of the Chairman or the in pointing out that this is an era of high volatility in
members of a commission to influence their action on currency values, exchange rates, and so on. The peso,
cases pending before them, and thus impair the in- Mr. Presiding Officer, of 1978 in real terms is now only
dependence that we would like to assure them under 28 centavos. We may say in a constitution that the
this new Constitution. salary of a justice of theSupreme Court is so much and
may not be diminished, but the truth is, our peso is
MR. DA
VIDE. In the matter of increase, Mr. Presid- eroding day by day because of inflation. Fortunately,
ing Officer, the independence of the commission will the inflation now has been placed under control, but
never be impaired. As a matter of fact, it would enhance there were years when, as in November 1984, the in-
its independence because it will be adequately com- flation rate jumped to 64 percent. And that diminished
pensated. Suppose the exchange rate, two or four years the salary of a justice or a member of a constitutional
from now, is P50 to a dollar, if we do not allow any commission in spite of a constitutional guarantee.
increase during their tenure which is seven years, what
When speak of raising this to the level of a general
I
will happen to their compensation? It cannot be in-
principle, mean that perhaps the salary or the com-
I
creased anytime within seven years, which is even very
pensation to be fixed in this Constitution which is writ-
dangerous.
ten for posterity, as well as for the present generation,
ought to have some flexibility. The compensation is
MR. FOZ. We accept the amendment, Mr. Presiding fixed in the constitutional provision, but can we not say
Officer.
“or as provided by law” later on?

MR. DAVIDE. Actually, Mr. Presiding Officer, the
firstportion of Section 2 already provides “Until
MR. ROMULO. Mr. Presiding Officer, I remember
otherwise provided by law.”
yesterday that the Chairman was doubtful about the
amount of compensation. If we approve this now, it is
going to be fixed. So I would like to ask the Chairman MR. OPLE. Then, that is the flexibility I am looking
whether he likes to leave this out in the meantime. for.

MR. FOZ. If the Commissioner will recall, during the
sponsorship of this committee report I made the state- MR. FOZ. Before we proceed, may we request per-
ment that personally, this amount mission for the other members of the Committee like
that we have fixed in
his Section 2 was even inadequate. So, I am amenable Commissioners Rodrigo, Regalado, de Castro, Con-
to tne Commissioner’s
suggestion, Mr. Presiding Officer. cepcion, Abubakar, Guingona and Rosales to join us
here in front so that we can sit as a panel and consult
MR. ROMULO. So will Commissioner each other whenever amendments are submitted for our
Davide accept
an amendment to temporarily
leave out the amount of acceptance.
compensation indicated in line with
the Chairman’s
MR. PADILLA. Mr. Presiding Officer.
MR. DAVIDE. I willingly accept. In other THE PRESIDING OFFICER (Mr. The
just leave
words, we Trefias).
it blank. Vice-President is recognized.
MR. ROMULO. That is correct. MR. PADILLA. May I just make an observation to
amendment of Commissioner Romulo
the suggestion or
MR. OPLE. Mr. Presiding Officer. which was accepted by Commissioner Davide to leave
theamount blank in the meantime.
THE PRESIDING OFFICER (Mr. Trefias). Yes, Com- We talk about inflation. Naturally, if the rate of in-
missioner Ople is recognized. flation rises, evenif we fix the amount which is based,
say, on today’s exchange rate or valuation, the pur-
MR. OPLE. Just a follow up on this subject at hand. chasing power of the peso will be reduced. But we
May I ask Commissioner Davide whether or not he is in should also consider that if we have a good government,
favor of formulating a general principle out of this less corruption and more productivity, there may be a
compensation rate for the constitutional commissions? deflation. That means that the exchange rate of the peso
may lower and its purchasing power may correspond- MR. ROMULO. Is Commissioner Davide willing to
ingly increase. change “Until” on line 4 of Section 2 to UNLESS,
because “until” connotes a point in time and it seems
Sometimes, it is dangerous to fix the amount today
that only the forthcoming legislature can change the
based on our present exchange rate or the purchasing
law, whereas if we say “unless otherwise provided by
power of the peso, because that will bind us for many
law,” all future legislatures can?
years. In other words, I only want to make of record
that while we are always afraid of inflation, because that
MR. DAVIDE. I willingly accept the proposal. It will
is really a very bad economic factor that destroys the
be consistent with the proposal under the Judiciary and
economic order, we are hoping that in better days we
also as recommended in the Legislative, as well as in the
will have a decline in inflation which will increase the
Executive.
purchasing power of the peso.

THE PRESIDING OFFICER (Mr. Trefias). Commis-
•
MR. RAMA. There are a number of Commissioners MR. RODRIGO. An amendment to the amendment
which is a matter of form: after deleting “one hundred
who desire to amend the proposal. So, I move that we
twenty thousand pesos” and “hundred ten thousand
suspend the session for ten minutes to enable them to
pesos,” put blanks in their stead.
confer with the Committee.
THE PRESIDING OFFICER (Mr. Trefias). The MR. DAVIDE. I thank Commissioner Rodrigo for
that. It should be blank in the meantime.
It was 3:01 p.m. THE PRESIDING OFFICER (Mr. Trefias). Will Com-
missioner Davide now read his proposed amendment?
MR. DAVIDE. As amended. Section 2 will now read
At 3:14 p.m., the session was resumed. as follows: “UNLESS otherwise provided by law, the
Chairman and each of the Commissioners shall receive
THE PRESIDING OFFICER (Mr. Trefias). The AN annual SALARY of and
session is resumed. respectively, which shall not be decreased during their
tenure.”
missioner Davide be recognized. THE PRESIDING OFFICER (Mr. Trefias). What does
the Committee say on the proposed amendment as
THE PRESIDING OFFICER (Mr. Trefias). Commis- amended?
MR. FOZ. The amendment is accepted.
The proposed amendments to Section 2 of the THE PRESIDING OFFICER (Mr. Trefias). Is there
amended draft are as follows: On line 5, insert the word any objection? (Silence)
AN between the words “receive” and “annual.” On line amendment, as amended, is approved.
6, change “salaries” to SALARY. Still on line 6, pur-
suant to the amendment of the Honorable Romulo MR. RAMA. Mr. Presiding Officer, I ask that Com-
delete momentarily the words “one hundred twenty missioner Aquino be recognized for an anterior amend-
thousand pesos” and also the word “one” at the end of ment.
the line. On line 7, delete the words “hundred ten
thousand pesos”; on line 8, delete the words “or in-
creased.” sioner Aquino is recognized.
MS. AQUINO. Mr. Presiding Officer, I would

rather
MR. ROMULO. Mr. Presiding Officer, may I intro- anterior
introduce the
duce an amendment to Commissioner Davide’s amend- request Commissioner Bernas to
ment? amendment because we have previously conferred on it.

sioner Romulo is recognized. sioner Bernas is recognized.
FR. BERNAS. I wanted to give way to beauty, Mr. MR. FOZ. Does that prohibit a member of the com-
Presiding Officer. mission from engaging in business?
MS. AQUINO. I always believe that age takes primacy MR. DAVIDE. That will be entirely different because
over beauty. (Laughter) as proposed here, what is prohibited is engagement in
the practice of any profession or in the management of
FR. BERNAS. The proposed amendment is on page any business. But if he is a member of the board of
2, Section 1 (2). directors of any corporation, he is actually in business.
MR. DA VIDE. Anterior amendment, Mr. Presiding MR. MONSOD. Is it all right with the Commissioner
Officer. if we place on record

that by management, we mean not
only the presidency or the day-to-day management, but
THE PRESIDING OFFICER (Mr. Trenas). Commis- also membership in the board because, actually, the
sioner Davide is recognized. board of directors of a company is in charge of the
overall management of a company?
MR. DAVIDE. This is stillon the Common Provi-
sions. On Section 3, line 10, between “tenure” and “en- MR. DAVIDE. Yes, but there is really a distinction.
gage” insert HOLD ANY OTHER OFFICE OR EM- When we come to the General Provisions; say, in tele-
PLOYMENT, OR so that the entire line 10 of Section 3
communications and public utilities, a distinction is
will read as follows; “shall, during his tenure, HOLD
made between the governing board and the managing
ANY OTHER OFFICE OR EMPLOYMENT, OR engage board. However, if that is the sense of the term “man-
in the practice of any.”
agement,” to include the governing activity of the com-
THE PRESIDING OFFICER (Mr. Trenas). What does missioner, then I have no objection. But let it be clearly
the Committee say? understood that the prohibition in the management of
any business would also mean a prohibition in the mem-
MR. FOZ. The Committee accepts the amendment. bership of the board of directors of any firm, business,
or entity.
MR. FOZ. Just for clarity, Mr. Presiding Officer, does
amendment is approved. it not prohibit a member from being in business?
MR. DAVIDE. On Section 3, line 11, insert GOV- MR. DAVIDE. There is already a general prohibition.
ERNANCE OR between “the” and “managements,” so He cannot engage in the management of business.
it will read: “profession or in the GOVERNANCE OR
management of any business.” It refers to the member- MR. FOZ. But what about the situation in which the
ship of a member of a constitutional
commission in the commissioner, the owner of the business, does not par-
board of directors of any other corporations, ticipate in management and is not a member of the
and so on.
board of directors?
THE PRESIDING OFFICER (Mr. Trenas). What does
the Committee say on the proposed
amendment? MR. DAVIDE. He can be allowed to own a business.
MR. FOZ. Will the Commissioner MR. FOZ. The amendment accepted, Mr. Presiding
restate the amend- is
ment? Officer.
MR. DAVIDE. The amendment is just the inserti THE PRESIDING OFFICER (Mr. Trenas). Is there
of the words GOVERNANCE OR between any objection?
the woi (Silence) The Chair hears none; the
the and management” on line 1 so that amendment
1, the ent is approved.
line will read: “profession or in the
GOVERNANCE (
management of any business, or be.” MR. RAMA. Mr. Presiding Officer.
MR. FOZ. Just one question. What is the difference THE PRESIDING OFFICER (Mr. Trenas). The Floor
between governance and management? Leader is recognized.
MR. DAVIDE. management, a person is involved

In
MR. FOZ. Just a clarification. Is the word proposed
in the management aspect, like if one is a manager, and by Commissioner Davide and which we have accepted
so on. In governance, mere membership in the board of “governance”?
directors is enough. The board of directors of a corpora-
tion is the governing body, not necessarily the managing MR. DAVIDE. Yes. I do not know whether a
there is
body. more appropriate word than that.
MR. MON SOD. Mr. Presiding Officer, just a point of directed against the President, the Vice-President and
clarification. I was made
to understand that the propo- the members of the Cabinet, we will have a lopsided
nent was willing not to put the amendment if we accept Article. That is why I suggested earlier that perhaps in a
the interpretation that the word “management” in- few minutes’ time we should align these in order to have
cludes membership in the board of directors. symmetry and to achieve the purpose for which these
are intended.
MR. DAVIDE. That is correct, Mr. Presiding Officer.
MR. FOZ. But, Mr. Presiding Officer, I think we
MR. MONSOD. The Committee accepts that inter- have to look at it this way. We actually have to be
pretation. stricter with the President and the members of the
Cabinet because they exercise more powers and, there-
MR. DAVIDE. So, with the acceptance of that inter- fore, more checks and restraints on them are called for
pretation to this particular section regarding the prohibi- because there is more possibility of abuse in their case.
tion imposed on the commissioners to engage in the Let us say in the case of the members of the constitu-
management of any business, I now withdraw my tional commissions, the competence and the jurisdic-
amendment. tion are very much less compared with those of the
President, the Vice-President and the members of the
THE PRESIDING OFFICER (Mr. Trenas). We shall Cabinet. So I think there is a justification for such an
reconsider the approval of the amendment. arrangement whereby the top executive leaders or offi-
cials of government are subjected to more restraints.
none; the approval is reconsidered. have already taken much
MR. MAAMBONG. I think I
of the time of the Commission, so we agreed on

The proposed amendment is withdrawn. a
general principle that the prohibition against the

Pres-
MR. RAMA. Mr. Presiding Officer. ident, the Vice-President and the members of the
Cabinet should be stricter than that of the members of
THE PRESIDING OFFICER (Mr. Trenas). The Floor the constitutional commissions, considering that the
Leader is recognized. newspapers abound with statements that ours is a
constitution based on hate against the former
Pres-
MR. RAMA. I ask that Commissioner Maambong be ident. If we are agreed on that proposition,
I will now
think over first so
sit down. But I think we should
recognized. it
that we can really align these provisions with that on the
THE PRESIDING OFFICER (Mr. Trefias). Commis- Executive. The Committee on Style will not
have a hard
provisions might
sioner Maambong is recognized. time because only some substantive
not be aligned with the prohibitions in all these
offices.
MR. MAAMBONG. Mr. Presiding Officer, I am I just want to put that issue clearly
on the floor.
particularly concerned about this Section 3. Earlier I

sent a note to the Committee suggesting that we sit THE PRESIDING OFFICER (Mr. Trenas). What does
down and align these provisions with the provisions on the Committee say?
the Executive which contain practically the same words
the first place, has
only framed in another way, because I am afraid that MR. FOZ. The Committee, in
nothing to do with those provisions which

were adopted
with the formulation of the prohibition against the
President which is indicated now in Committee Report in the Committee on the Executive. So, we are not a m
pronouncement, declaration or
No. 9, there will be no symmetry between the two proposition to make any
visions. And the second which I really fear most is that stand at this point. The individual
members of the Com-
there are more prohibitory provisions in the case of the mittee will pass judgment on those
proposed provisions
President, the Vice-President and the members of the at the proper time.
Cabinet than in that of the members of the constitu-
tional commissions. I would like to point out, for MR. MAAMBONG. Shall leave this point, there-
we
example, that we mentioned here in the original Section fore, with an open statement that this is subject to con-
between the Chairmen of this
Committee and
3, the prohibition in the management of any business. sultations
that in the final
When it comes to the President, the Vice-President and the Committee on the Executive, and
the members of the Cabinet, there is the prohibition in draft of the Constitution this will
be looked into again
participating directly or indirectly in any business. Then more closely, Mr. Presiding Officer?
we also have this prohibition of the President, the Vice-
President and the members of the Cabinet: that they MR. FOZ. I think so, Mr. Presiding Officer.
shall strictly avoid any conflict of interest in the con-
duct of their offices. What I really mean is that if we do MR. MAAMBONG. Thank you.
not align the provisions on prohibition against the
members of the constitutional commissions with that MR. RAMA. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Trenas). The Floor MR. DE CASTRO. Mr. Presiding Officer, may I ask
Leader is recognized. Commissioner Rodrigo a question on his comments?
MR. RAMA. I ask that Commissioner de Castro be MR. RODRIGO. Yes.

recognized.
MR. DE CASTRO. Do I understand that when we put
THE PRESIDING OFFICER (Mr. Trenas). Commis- here “that it is prohibited to engage in the practice of
sioner de Castro is recognized. any profession,” a member of the Commission on
Elections can teach law?
Section 3, lines 10 and 1 1 states: “engage in the prac- MR. RODRIGO. Yes, part-time.
tice of any profession.” I would like to put on record
that this phrase includes teaching. If the Committee MR. DE CASTRO. Then, let us delete this phrase
agrees on that, I will not introduce any amendment on “engage of any profession,” because if
in the practice
this. one is a lawyer and he teaches law, he is in reality prac-
ticing his profession. One cannot teach law even if he is
a lawyer unless he studies everything on jurisprudence.
MR. FOZ. We said before, when the Commission
broached the matter during our sponsorship of the
To me, that is the actual practice of law; it is more than
draft, that we would making pleadings.
consider it, but at this point, I
would like to throw the matter on the floor. So, if we allow members of the Supreme Court or any
other justice to teach part-time to refresh their minds
MR. DE CASTRO. All right. or for other purposes, that is exactly the practice of the
law profession.
MR. FOZ. What is the amendment of the Commis-
sioner? MR. RODRIGO. Mr. Presiding Officer, the way I
understand the paragraph, it refers to the handling of
MR. DE CASTRO. I have no amendment. I would cases, not to teaching; like the practice of medicine is
like only to put on record, with the concurrence of the treating patients, but not teaching, let us say. Anatomy.
Committee, that the phrase “engage in the practice of
any profession” include teaching, because as the Com- MR. DE CASTRO. I put thisquestion on the floor:
missioner will recall, when we were talking with the
Does the phrase “engage in the practice of any pro-
representative of the Commission on Audit, he stated
fession” include teaching?
that he was a lawyer, but when he was appointed
Commissioner, he ceased to teach law. However, he said
other Commissioners were teaching law on the MR. REGALADO. Mr. Presiding Officer.
ground
that teaching was not a practice of
the profession. I
always say that teaching is a practice of THE PRESIDING OFFICER (Mr. Trefias). Commis-
the profession
that is why I would like the Committee sioner Regalado is recognized.
to put on record
that the phrase “engage in the
practice of any profes-
sion includes teaching. MR. REGALADO. Teaching as a profession presup-
poses, in effect, tenure. There are some teachers who are
MR. RODRIGO. Mr. Presiding Officer. actually given tenure and do teaching as a full-time or a
part-time occupation. In the matter of part-time teach-
ing, the members of the Judiciary are merely required to
THE PRESIDING OFFICER (Mr. Trenas). Commis- get a permit to teach. In the law office where I work,
sioner Rodrigo IS recognized.
there are many Justices of the Supreme Court and of
the Intermediate Appellate Court who get their permit
MR. RODRIGO. I would like to state that if we put to teach from the Supreme Court and from the Presid-
that on record, we will be stricter with the members of ing Justice, respectively. The officers of the Armed
the constitutional commissions than with those Forces get their permit to teach from the Office of the
of the
Supreme Court. Many members of the Supreme Court President. This permit to teach part-time is subject to
teach part-time because it refreshes their minds on legal certain conditions, such as the number of hours, and
provisions. So, if members of the Commission on Elec- these part-time teachers shall not in any way have any
tions teach part-time in the evening to refresh their legal hand in the management of any educational institution.
knowledge, I do not think that that is prohibited by
Teaching law is not considered a profession because
these provisions.
itis not the advocacy or the handling of a case in court
or a legal work or business for which they are com-

MR. REGALADO. Mr. Presiding Officer, may I add pensated. It is actually imparting to the students what
to that? they know about the law. Just like doctors of medicine.
when they teach medicine, they are not practicing MR. DE CASTRO. I beg to disagree with that pro-
medicine. They do not give curative, palliative or any vision of law.
other treatment.
THE PRESIDING OFFICER (Mr. I think the
Trenas).
MR. DE CASTRO. Mr. Presiding Officer, we are not matter brought up by Commissioner de Castro has been
talking here of permit by higher authority for one to sufficiently discussed. The Commissioner has inquired
teach law or his profession, but of prohibiting any from the Committee what is its interpretation of the
commissioner of any constitutional commission to practice of law, and the Committee gave it. If the Com-
engage in the practice of any profession. The point here missioner is not satisfied, he can introduce an amend-
is: Does engaging in the practice of any profession ment during the period of amendments.
include teaching? The Honorable Regalado talked
about medicine. He is not actually practicing medicine, MR. DE CASTRO. I would just like to put on record
but he is teaching his students medicine. Is that not a any profession includes the teaching
that the practice of
practice? As I said, when a lawyer practices law, he
of that profession.
does research and teach jurisprudence. When he makes
pleadings, he also does research and studies juris- The Chair
THE PRESIDING OFFICER (Mr. Trenas).
prudence. Where is the practice and the nonpractice? amendment
suggests that the Commissioner present his
So, I ask that this question be put to the floor to cut the
to the specific Article now being considered.
proceedings: Does “engage in the practice of any
profession” include teaching? MR. DE CASTRO. go back to that, Mr. Presid-
I will
ing Officer. Please give me a little time because I have

MR. NOLLEDO. Mr. Presiding Officer. another amendment. So, we will hold it back until I put
up the right words to include teaching in the practice
THE PRESIDING OFFICER (Mr. Trenas). Commis- of any profession.
sioner Nolledo is recognized.
THE PRESIDING OFFICER (Mr.Trefias). On Section
MR. NOLLEDO. I would like to ask Commissioner 3, is there any anterior amendment?
de Castro only one question.
The Vice-President is recognized.
Is it not true that the practice of law involves an
attorney-client relationship? It seems to me that in MR. PADILLA. The clause “or in the management of
teaching, there is no attorney-client relations. any business” which appears on Section 3, page 1, line
1 1 of our draft was taken from
Section 3 of the Article
Mr. DE CASTRO. When a lawyer appears before the on the Constitutional Commissions of the 19^3 Consti-
tution. I notice that the only common provision in
Supreme Court as an amicus the
curiae, he is practicing law;
he has no client. 1935 Constitution has a qualification which states
“private enterprise which in any way may be affected
MR. FOZ. Mr. Presiding Officer. by the functions of their office.” My amendment is to
qualify this term “in the management of any business,
the PRESIDING OFFICER by inserting after “business”: WHICH, IN
(Mr. Trenas). Commis-
sioner Foz is recognized.
MAY BE AFFECTED BY THE FUNCTIONS OF HIS
OFFICE. May I just say in less than one minute the
Mr. foz. We would reason for this proposed amendment.
like to submit the question to
the body.
THE PRESIDING OFFICER (Mr. Trefias). The
Commissioner will please proceed.
Mr. MONSOD. Mr. Presiding Officer, the position of
the Committee that teaching is not prohibited under
believe that the provision in the
is
this provision.
MR. PADILLA. I
1935 Constitution is better in the sense that the pro-

hibition or the inhibition in the management
of any
Mr. de CASTRO. It is not a practice of the pro- private enterprise is limited to those that
may be af-
fession? fected by the functions of the concerned. If
we make
this absolutely general and comprehensive,
it may dis-
Mr. monsod. It is not included among the prohibi- courage good people who may want to serve and who
tions.
are fully qualified in the different
constitutional com-
missions, for example, a member may be in the balut
Mr. de CASTRO. No. Is it a practice of the pro- business which has no relation whatever to the function
comrnis-
fession? of being a commissioner of a constitutional
sion. Not only that, it will eliminate a member
who has
in any
MR. MONSOD. It is not a practice of the profession. some kind of legitimate business which may not
way interfere with or affect the discharge of his public MR. FOZ. Let us give an example, Mr. Presiding
functions. If we insist on this, it may discourage some Officer, of somebody who is in the manufacture of
deserving public servants, who have private businesses, paper, to make it more practical. Would a member of a
for appointment. Otherwise, we may have members of commission who is engaged in the business of manufac-
a constitutional commission who have no other source turing paper be prohibited from engaging in such kind
of income. And this might be a temptation for them to of business?
utilize the functions of their office for additional extra-
neous means. So, my amendment is to qualify the term MR. PADILLA. I think he should be prohibited or
“in the management of any business” by adopting the inhibited in the COMELEC because the COMELEC has
provision of the 1935 Constitution. plenty of contracts with regard to the manufacture of
paper and the printing establishments. And that would
MR. FOZ. Mr. Presiding Officer. be included in an enterprise which, according to the
1935 Constitution, may be affected by the functions of
THE PRESIDING OFFICER (Mr. Trenas). What his office. So, in the sponsor’s example, if he is going to
does the Committee say? be appointed Commissioner of COMELEC and he has a
printing press or is engaged in the manufacture of paper,
MR. FOZ. To the proponent of the amendment, I think he would fall under the prohibition, because that
just what will be the effect of his amendment on the will affect the function of his office.
rest of the provision?
MR. FOZ. But the last portion of the provi-
in
MR. PADILLA. There is none because in the 1935 sion, if he does not enter into any contract with the
Constitution, continues: “nor shall they, directly or
it COMELEC, being a printer in itself, should he be
indirectly, be financially interested in any contract”; it prohibited?
is the same.
MR. PADILLA. Yes, but that is something else.

MR. FOZ. Under the Commissioner’s amendment, he Clearly, if he enters into a contract, it is prohibited. If
would allow a member of a constitutional commission he is a grantee of a franchise or any privilege, that is
to be in any kind of business as long as it is not affected covered by the provision. But with regard to private
by the functioning of his office. business, I believe it should be limited to businesses
which will, in any way, affect the function of his office.
MR. PADILLA. Correct, Mr. Presiding Officer.
MR. FOZ. In the case of a printer, if he is in the
MR. FOZ.In other words, the Commissioner is trying printing business but he does not do any business with
to avoid a conflict of interests. the COMELEC, would the Commissioner still prohibit
him to engage in that kind of business?
MR. PADILLA. Correct.
MR. PADILLA. would be the sponsor’s inter-
It
MR. FOZ. But in the following portions of the pretation and mine because the 1935 Constitution was
provision, the objective is not exactly to avoid a quite strict on this for it says “private enterprise which
conflict of interest, becauseit says there that the mem- in any way may be affected by the functions of their
ber of the commission is
prohibited from being in- office.” So, it not necessary that he be directly in-
is
terested in any kind of contract
with the government. It volved already, even if it may affect the function. He
extends beyond a business in which he
has a conflict of should not be in that kind of business.
interests in the performance of
his duties.
MR. PADILLA. No, on MR. FOZ. The mere possibility then of being affected
line 13, when we say by the function of his office would be sufficient to bar
contract with the government,” that
is something else;
is not a private business.
him from being a member of the commission.
it
When the Constitution refers
to franchise or privilege granted by the
government, I MR. PADILLA. I would not say “possibility,” maybe
agree that he should not have any interest,
direct or
indirect, in any contract, franchise or any other “probability.” The chances are that it will in a way
privilege.
affect the function of his office.
But the reference to private business or private enter-
prise is all-comprehensive. Thus, the shoe industry in
THE PRESIDING OFFICER (Mr. Trenas). Will
Marikina, well, I do not know what connection it can
Commissioner Padilla state his amendment so that the
have with, for example, this Constitutional Commission. Committee can either accept or not accept it.
So, if we retain this very general statement, I believe we
are going too far; we are discouraging good people to MR. FOZ. The Committee accepts the amendment,
engage in legitimate, honest business and preventing Mr. Presiding Officer.
them from rendering service, if qualified, in any of these
constitutional commissions. MR. PADILLA. Thank you.
MR. DA VIDE. Mr. Presiding Officer, I would object. THE PRESIDING OFFICER (Mr. Trenas). It is all
right.
MR. DE CASTRO. Mr. Presiding Officer. Will Commissioner Padilla restate his amendment?

MR. PADILLA. was just going to state, in reference
I
sioner Davide is recognized first.
Commissioner Davide, that the
to the observation of
1935 Constitution already mentioned “in the manage-
MR. DAVIDE. May I be allowed to explain my ment or control of any private enterprise which in any
objection?
way may be affected by the functions of their office.”
My amendment is on line 1 1 after the phrase “in the
;
THE PRESIDING OFFICER (Mr. Trenas). Yes.
management of any business,” add WHICH IN ANY
WAY MAY BE AFFECTED BY THE FUNCTIONS OF
MR. DAVIDE. The prohibition, as worded now, is in
HIS OFFICE.
the engagement in the management of a business. It is
not prohibiting a commissioner from engaging in busi- What does
THE PRESIDING OFFICER (Mr. Trefias).
ness, because if he manages that business, it would
the Committee say?
interfere with his functions as a commissioner. He might
spend more time in the management of the business. In
short, I would like to repeat, the proposed prohibition
isonly in engaging in the management of a business. It is MR. MONSOD. Mr. Presiding Officer, may we just
not a prohibition to engage in business. He can have
have a one-minute suspension in order that we could
sit
some businesses but he should not manage them. So, if down with the proponent?
we accept the proposal, we will really destroy the
very important and critical element of the function
of a commission. He will lose time because he will be suspended for one minute.
session is
allowed to manage a business.
It was 3:54 p.m.
THE PRESIDING OFFICER (Mr. Trenas). May we
hear from Commissioner de Castro? RESUMPTION OF SESSION
MR. FOZ. Can we just say “act”?

session is resumed.
THE PRESIDING OFFICER (Mr. Trefias). The Floor
THE PRESIDING OFFICER (Mr. Trenas). Just a Leader is recognized.
minute. Commissioner de Castro was first.
ask that Commissioner Davide
be
MR. RAMA. I
MR. DE CASTRO. Thank you, Mr. Presiding Officer. recognized.
A while ago, the sponsor wanted me to put my THE PRESIDING OFFICER (Mr. Trefias). Commis-
amendment of my favorite phrase “engage in the
practice of any profession.”
MR. DAVIDE. Mr. Presiding Officer, I objected to
THE PRESIDING OFFICER (Mr. Trefias). Just a the proposed amendment of Commissioner
Padilla be-
minute, we have a pending amendment. Is the Commis-
cause I now, as worded, which
believe that the provision
sioner proposing an amendment? is in line with the wording of the
1973 Constitution, is
relates only to
very adequate. The prohibition, as I said,
MR. DE CASTRO. This is the period of amendments, the management of any business. If we
follow the
Mr. Presiding Officer. commissioner
Padilla proposal, it would mean that
a
manage a business provided that that
may be allowed to
by the func-
the PRESIDING OFFICER (Mr. Trefias). No, business would not in any way be affected
amendment by Commis- tions of his office. But that is very
dangerous because we
precisely, there is a pending
sioner Padilla. will have a situation where a
commissioner may devote
business, to
most of his time as a manager of a particular
public service.
MR. DE CASTRO. I am willing to wait, Mr. Presiding the damage, prejudice and detriment of
constitutional commission and, therefore,
we
Officer. This is a
should never allow such a situation where we give a THE PRESIDING OFFICER (Mr.Trenas). What does
chance or an opportunity for a member of the commis- the Committee say on the proposed amendment of
sion to actively manage a business and devote most of Commissioner Padilla?
his time in his business.
MR. FOZ. Mr. Presiding Officer, we throw the
MR. RAMA. Mr. Presiding Officer. question to the floor.
THE PRESIDING OFFICER (Mr. Trenas). Just a MR. REGALADO. Mr. Presiding Officer.
minute. Commissioner Rodrigo is recognized for a
parliamentary inquiry. THE PRESIDING OFFICER (Mr. Trenas). Commis-
sioner Regalado is recognized.
MR. RODRIGO. Yes. Commissioner Davide says
that the present provision refers only to management. MR. REGALADO. May I propose an amendment to
If I remember right, he introduced an amendment to the amendment of Commissioner Padilla because of his
include “governance.” What happened? Was that ap- apprehension about a person who is chairman and so
prove so that now it reads: “governance and manage- forth, but not actually managing a business. Would that
ment”? situation be solved by stating it as follows: “profession
or in the ACTIVE management of any business WHICH
THE PRESIDING OFFICER (Mr. Trenas). According
IN ANY WAY MAY BE AFFECTED BY THE FUNC-
to the record, it was withdrawn. TIONS OF HIS OFFICE.”
MR. RODRIGO. Thank you. THE PRESIDING OFFICER (Mr. Trenas). What
does Commissioner Padilla say?
MR. REGALADO. In other words, what we propose
is “ACTIVE management.”
MR. PADILLA. If this word “management,” Mr. Pr MR. PADILLA. I accept the amendment to my
siding Officer, were interpreted to refer to the gener
amendment, by inserting the word “ACTIVE” to quali-
manager who will stay in the office of his business moi fy “management.”
of the time, then I would probably agree. But the wor
“management” is very broad. A person is, say,
a men MR. FOZ. Mr. Presiding Officer, I submit the ques-
ber of a board or even its chairman, but
is not th tion to the floor.
general manager; maybe he does not actually
administ«
and manage the business, yet that is considered
as to
management. That is the problem. VOTING
How do we interpret this term “management”? ]
THE PRESIDING OFFICER (Mr. Trenas). As many
the interpretation is that he will
be the general manage as are in favor of the proposed amendment, please raise
and he has to devote the hours of their hand. (Several Members raised their hand.)
work in his busines;
en He should not be considered as a membe
I agree.
As many as are against, please raise their hand. Few
(
^"^^‘tutional commission. But as I said beforf
u!
the 1935 Constitution Members raised their hand.)
mentioned management as cor
trol ot private enterprise,
and it disqualified only thos
whose duty may be affected by the amendment, as amended, is approved.

functions of the
office.
So, my proposal
not to make this prohibition or
is
this disqualification
too broad and comprehensive
otherwise we may have men in the commissions Leader is recognized.
who
have no business connection whatsoever and who pro-
bably have no source of independent income. I think, MR. RAMA. I ask that Commissioner de Castro be
so
long as he is qualified and he wants to serve, what- recognized for his amendment.
ever secondary or tertiary business he has or whatever
small investments he may have which will not in any THE PRESIDING OFFICER (Mr. Trenas). Commis-
way affect the functions of his office, should not sioner de Castro is recognized.
disqualify him. And so, my amendment again is: on line
1 1 after the words “profession or in the management of
,
any business,” add WHICH IN ANY BE WAY MAY I am still on my favorite phrase, “engage in the
AFFECTED BY THE FUNCTIONS OF HIS OFFICE. practice of any profession.” Between the words “pro-
fession” and “or,” add the phrase WHICH INCLUDES MR. RAMA. Mr. Presiding Officer.
THE TEACHING THEREOF. As it is, Section 3 will
read: “No member of a constitutional commission THE PRESIDING OFFICER (Mr. Trenas). The Floor
shall,during his tenure, engage in the practice of any Leader is recognized.
profession WHICH INCLUDES THE TEACHING
THEREOF, or and so on.
. .
It is my stand that teaching is a practice of the recognized for an anterior amendment.
profession. And I think if we say that it is not, I do not
know how the teaching profession can be practiced. THE PRESIDING OFFICER (Mr. Trenas). Commis-
Thank you, Mr. Presiding Officer. sioner Davide is recognized.
THE PRESIDING OFFICER (Mr. What does Trenas). MR. DAVIDE. Thank you, Mr. Presiding Officer.
the Committee say on the proposed amendment? This is just a consequence of the Padilla amendment.
On line 11, Section 3, after the word “management,”
MR. FOZ. Mr. Presiding Officer, we throw the insert the words OR CONTROL.
question to the floor.

VOTING the Committee say?
THE PRESIDING OFFICER (Mr. Trenas). As many

MR. FOZ. We accept the amendment.
as are in favor of the proposed amendment of Commis-
sioner de Castro, please raise (Few Members
raised their hand.)
As many as are against, please raise their hand. THE PRESIDING OFFICER (Mr. Trenas). Is there
Members raised their hand).
( Several any objection? (Silence) The Chair hears none; the
The results show 3 votes in favor and 21 against; the amendment is approved.
amendment is lost.
MR. RAMA. Mr. Presiding Officer. missioner de Castro be recognized.

Leader sioner de Castro is recognized.
is recognized.
MR. RAMA. I ask that Commissioner de los Reyes MR. DE CASTRO. Thank you.
be recognized. This morning, I asked the proponent of this resolu-
tion what is included in the term “fiscal autonomy.
THE PRESIDING OFFICER (Mr. Trenas). Commis- The answer I got is that it is for the automatic release
sioner de los Reyes is recognized. of the budget. I propose that the sentence The Com-
but
missions shall enjoy fiscal autonomy” be deleted
The reason is that
MR. DE LOS REYES. Mr. Presiding Officer, on line the second sentence shall remain.
16 of page 1 I propose that we add an S to “corpora- it is already redundant. Fiscal autonomy means the
,
tion,” and to delete the words “any of its” and instead automatic release of appropriations.
substitute the word THEIR. Moreover, on line 15,
delete the article “a” between “including” and “govern- MR. MONSOD. Mr. Presiding Officer, may we answer
ment” so it will read: “including government-owned or the honorable Commissioner.
controlled CORPORATIONS or THEIR subsidiaries.”
I think the answer of the Chairman of our Committee
this morning was that it would involve the
automatic
THE PRESIDING OFFICER (Mr. Trenas). What does and regular release of the funds once approved. In addi-
the Committee say? autonomy include the
tion, we are suggesting that fiscal
procedures, for example, a
nonimposition of any other
MR. FOZ. The Committee accepts the amendment. or bodies that enjoy
preaudit system in the commissions
fiscal autonomy. So, actually, the
definition of fisca
automa-
MR. DE LOS REYES. Thank you. autonomy would be a bit broader than just the
tic release.

any objection? (Silence) The Chair hears none; the MR. DE CASTRO. Does the Commissioner mean that
these commissions will not be subjected to
preaudit?
MR. MONSOD. Our proposal actually in the provi- MR. DE CASTRO. Does it include exception from
sions on the Commission on Audit is that they be preaudit?
subjected to comprehensive postaudit procedures and
where their internal control system is inadequate, in the MR. MONSOD. Yes, it would include the imposition
opinion of the Commission on Audit, then the commis- of certain preaudit requirements for release, because if
sion may also take such measures as are necessary to the preaudit requirements are inserted into the process
correct the inadequacies which might include special of release, it would defeat the objective of automatic
preaudit systems. and regular release.
THE PRESIDING OFFICER (Mr. Trenas). The Chair MR. DE CASTRO. When we talk of preaudit, we are
understands, therefore, that the proposed amendment not talking of release; we are talking of preaudit of a
of Commissioner de Castro is not acceptable to the certain project or a certain matter for which the budget
Committee? may be used. That is the preaudit system. But for the
release from the Budget Commissioner, there is no
preaudit.
MR. DE CASTRO. Not yet, Mr. Presiding Officer,
because we are still on the answer to me this morning,
MR. MONSOD. Mr. Presiding Officer, the preaudit
which stated —
the record will bear me out — that
procedures include the right to disallow any expendi-
fiscal autonomy means the automatic release of appro-
tures which, in the opinion of the auditor, is not con-
priations. It means the automatic release and nothing
sistent with what is proper.
more. We were in the same Committee and when we
asked the COA about this, they insisted that there must
be preaudit. If
MR. DE CASTRO. Yes.
fiscal autonomy means that there will
be no preaudit, I do not know what will happen to this.
MR. MONSOD. And, therefore, the preaudit proce-
dures include the right to stop disbursement.
THE PRESIDING OFFICER (Mr. Trenas). So, what
is the stand of the
Committee insofar as the proposed MR. DE CASTRO. Yes, but not the release, because
amendment of Commissioner de Castro is concerned?
the release that we are talking about here is the release
from the Budget Commissioner, not the release of the
CASTRO. May I just say one sentence, funds for which it may be used for the project.
Mr. Presiding Officer? If the Committee’s
stand is that
fiscal autonomy means the automatic Mr. Presiding Officer, I am willing to keep these two
release of the
appropriations, then I say that the first sentences as of now untilwe come to the Commission
sentence - “The
Commissions shall enjoy fiscal autonomy” — on Audit on preaudit. Then, we will understand it
should be better; and from then on, I will make my appropriate
deleted because it is a repetition of
the second sentence.
amendment on this common provision.
Thank you.
THE PRESIDING OFFICER (Mr. Trenas). So, do we
MR. MONSOD. Mr. Presiding Officer, the position understand from Commissioner de Castro that he is for
(
the moment withdrawing his proposed amendment?

other tiv ^ fiscal autonomy may indue
automatic and regular relea:
of the funS MR. DE CASTRO. Yes, Mr. Presiding Officer, until
we reach the portions on the Commission on Audit
OFFICER where we will explain what is a preaudit.
(Mr. Trenas). With that
expla.fatio'lf
Commissioner de
Castro. Dn;.The insist on his
Castro^ Does
amendment?
THE PRESIDING OFFICER (Mr. Trenas). Then we
shall proceed.
MR. DE CASTRO. Is the Chairman
changing hi« MR. MONSOD. Mr. Presiding Officer, just for a point
answer from this
morning’s question? If he
does, f will
ask some more questions about fiscal of clarification. When we say “release the funds,” it is
autonomy.
the other side of disbursing to the appropriate commis-
sion. So that if a preaudit procedure is exercised and
MR. monsod. Mr Presiding Officer, I think at the there is a prohibition of disallowance, the release cannot
beginning of this exchange, we already told
the honor- be made and, therefore, the disbursement cannot be
able Commissioner that the Chairman of the
Committee made.
had not meant to make it an all-inclusive definition
And if he was misled into thinking of another meaning MR. RAMA. Mr. Presiding Officer.
we apologize for it. But our position is that fiscal auto-
nomy would include other rights than just merely THE PRESIDING OFFICER (Mr. Trenas). The Floor
automatic and regular disbursement. Leader is recognized.
MR. DE CASTRO. Just one sentence, Mr. Presiding MR. DAVIDE. Thank you, Mr. Presiding Officer.
When we talk
Officer. of “appropriations for the Com- The amendments will be on lines 1 7, 1 8 and 1 9. After
missions, once approved, shall be automatically re- the period following “autonomy” on line 1 7, add the
(.)
leased,” is this not directed to the Budget Commission following: THE APPROVED ANNUAL; on line 18, the
to release the funds of the Commission or is this for the capital “A” “Appropriations” must be in the lower
in
procurement by the Commission of certain matters case, then delete the words “once approved”; on line
which need preaudit? 19, insert between “automatically” and “released” the
words AND REGULARLY. So that the entire section
MR. MONSOD. Under the preaudit procedures, if the will read: “Sec. 4. The Commissions shall enjoy fiscal
COA auditor does not allow the expenditure, then the autonomy. THE APPROVED ANNUAL appropriations
Ministry of the Budget cannot release those funds. And, for the Commissions shall be automatically AND
therefore, the Commission or any agency cannot dis- REGULARLY released.”
burse it for the expenditures for which it was budgeted.
THE PRESIDING OFFICER (Mr. Trefias). What does
MR. DE CASTRO. Let us read: “Appropriations for the Committee say?
the Commissions once approved shall be automatically
released.” MR. MONSOD. We accept the amendments, Mr.
Who will release? Presiding Officer.
MR. MONSOD. The Ministry of the Budget will THE PRESIDING OFFICER (Mr. Trefias). Is there
release such funds to the Commission. any objection? (Silence) The Chair hears none; the
amendments are approved.
MR. DE CASTRO. Does it need preaudit before it is
released? MR. RAMA. Mr. Presiding Officer.
MR. MONSOD. The way the procedures operate is THE PRESIDING OFFICER (Mr. Trefias). The Floor
that the expenditures are first presented to the COA, Leader is recognized.
and while this may be two separate acts at any time, the
process is such that when there is a stop order, the parti- MR. RAMA. I ask that Commissioner Rosario Braid
cular appropriation is not released by the Office of be recognized for an amendment to the same section.
Budget and Management.
MR. DECASTRO. So, if the COA, in its preaudit, sioner Rosario Braid is recognized.
finds that it is not necessary at this time, no automatic
release by the Budget Minister can be made? MS. ROSARIO BRAID. Mr. Presiding Officer, Com-
missioner Davide has introduced the amendment that
MR. MONSOD. That is the implication, if there is no I was going to suggest.
fiscal autonomy.
THE PRESIDING OFFICER (Mr. Trefias). The Floor
THE PRESIDING OFFICER (Mr. Trenas). Commis- Leader is recognized.
MR. DE CASTRO. We will take that up when we go missioner Regalado be recognized.
to the Commission on Audit because they were pre-
cisely cross-examining the Commission on Audit on THE PRESIDING OFFICER (Mr. Trefias). Commis-
preaudit. sioner Regalado is recognized.
Thank you.
MR. REGALADO. Mr. Presiding Officer, I address
MR. RAMA. Mr. Presiding Officer. this to the sponsor, although I am a member of the
Committee. I am asking this question just for clarifica-
THE PRESIDING OFFICER (Mr. Trefias). The Floor tion not only for myself but also for the other Members
Leader is recognized. of the Commission. But first, before I state the ques-
tion, I would like to bring to his attention what
appears
to be a typographical error on line 25: after the words
MR. RAMA. On the same Section 4, I ask that Com-
WITHIN.
“certiorari by the aggrieved party,” insert
missioner Davide be recognized.
For and for the benefit of all, my ques-
clarification
THE PRESIDING OFFICER (Mr. Trefias). Commis- tion is: What is the reason of the Committee in adopting
sioner Davide is recognized. the last sentence of Section 5, lines 26 to 29, declaring
final and executory “decisions or orders of the Com- the possibility of an original special civil action for
mission on Elections with respect to municipal and certiorari,prohibition, or mandamus, as the case may
barangay officials”? be, under Rule 65 of the Rules of Court.
MR. FOZ. In Committee Report No. 27 on Proposed MR. FOZ. That is understood, Mr. Presiding Officer.
Resolution No. 521, copies of which have been dis-
tributed to all the Members, there is a provision among MR. REGALADO. At least it is on record.
the powers and functions of the Commission on Elec- Thank you, Mr. Presiding Officer.
tions which would vest the Commission with the power
of being the sole judge of all contests relating to the MR. RODRIGO. Mr. Presiding Officer.
elections, returns and qualifications of all elective
provincial, city, municipal and barangay officials. THE PRESIDING OFFICER (Mr. Trenas). What is
the pleasure of the Commissioner?

MR. REGALADO. But my question is: Does this
mean that with respect to decisions, final orders or MR. RODRIGO. I was planning to introduce an
rulings of theCommission on Elections not involving amendment to the amendment, however, I would like
municipal and barangay officials, the same will not be to ask a question before I do so.
immediately executory or final but would still be ap-
Ina previous interpellation, I remember that the
pealable? We seem to have made a distinction here.
Committee said that this sentence applies to election
MR. FOZ.
cases involving municipal officials. Am I right?
Yes, Mr. Presiding Officer. In the case
of electoral contests involving, let us say, city and
MR. FOR. That is right, Mr. Presiding Officer.
provincial officials, the decision of the Commission on
Elections will not be final and still be appealable to the
higher courts.
MR. RODRIGO. Will the Gentleman then accept
this amendment to the amendment? On line 27,
between the words “on” and “municipal,” add the
MR- REGALADO. With respect, however, to thi words ELECTION CASES INVOLVING so that the
wordings barangay officials” on line 28, parenthetical
sentence will read: “However, final decisions, orders or
ly. Commissioner Nolledo, I understand,
in the Commit rulings of the Commission on Elections ON ELECTION
tee on Local Governments, wants a return
to the tern CASES INVOLVING municipal and barangay offi*
barrio” instead of “barangay.” At any
rate, it says hen dais ...”
that final decisions, orders or
rulings with respect t(
municipal and barangay
pealable and executory.”
officials shall be “final, inap MR. DA VIDE. Mr. Presiding Officer.
May I propose an amendmen
® “inappealable”? In the first place
this 1
should
read unappealable.” Line 28 should read sioner Davide is recognized.
. . . barangay officials shall be
i-i executory.
final and IMMEDIATE
MR. DAVIDE. Would Commissioner Rodrigo accept
an amendment to the amendment in order to attain a
symmetry with the wordings on the subdivision relating
to the Commission on Elections?
THE PRESIDING OFFICER (Mr. Trefias). What does

we^sLidd 26, line 2
® because decisions a Commissioner Rodrigo say?
always final as distinguished
from interlocutory ordei
final Orders
MR. RODRIGO. I would like to hear the amendment
ruhnL'”To from to the amendment.
“ interlocutory ordei
.ot tZ
Ôf the Commission on
. .
Elections on municinal ai
barangay officials shall be final MR. DAVIDE. The amendment would consist in the
and IMMEDIATE!
executory. insertion between the words “on” and “municipal” on
That would be my proposed line 27 of the following: CONTESTS RELATING TO
amendment.
THE ELECTIONS, RETURNS, AND QUALIFICA-
MR. FOZ. Accepted, Mr. Presiding Officer. TIONS OF.
MR. RODRIGO. I accept.

MR. REGALADO. understood, however, that
It is
while these decisions with respect to barangay

and THE PRESIDING OFFICER (Mr. Trefias). What does
municipal officials are final and immediately executory Commissioner Regalado say insofar as the proposed
and, therefore, not appealable, that does not rule out amendment of Commissioner Rodrigo is concerned?
MR. REGALADO. May I have the amendment again I suggest we take seriously the suggestion of Commis-
because I was talking with Commissioner Bernas. sioner Padilla.
MR. DA VIDE. The amendment is on line 27; be-
tween the words “on” and “municipal,” insert the MR. FOZ. The Committee is amenable to a transposi-
CONTESTS RELATING TO THE ELEC-
following: Anyway, Section 10 of Pro-
tion of this last sentence.
TIONS, RETURNS, AND QUALIFICATIONS OF. posed Resolution No. 521 already contains the same
provision, but still unamended. So, the Committee is
agreeable to having this last sentence transposed, as
MR. REGALADO. That would be acceptable because
amended, to Section 10 of Proposed Resolution No. 521
that is uniform with our own provisions in the Commit-
on the Commission on Elections.
tees on the Legislative and the Executive.
THE PRESIDING OFFICER (Mr. Trenas). So, the
THE PRESIDING OFFICER (Mr. What does Trenas). proposed amendment is to delete the last portion of
the Committee say on the proposed amendment? Section 10 and transpose it to the provision on the
Commission on Elections.
MR. FOZ. The amendment is accepted.
THE PRESIDING OFFICER (Mr Trenas). Is there
any objection? (Silence) The Chair hears none; the MR. RAMA. Mr. Presiding Officer, I ask that Com-
amendment is approved. missioner Davide be recognized.
MR. RAMA. I ask that Commissioner Padilla be THE PRESIDING OFFICER (Mr. Trenas). Commis-
recognized. sioner Davide is recognized.
THE PRESIDING OFFICER (Mr. Trenas). Commis- MR. RODRIGO. Anterior amendment. As a conse-
sioner Padilla quence of that removal of the sentence, I propose the
is recognized.
following amendment: lines 22 and 23 will read: “Un-
less otherwise provided by THIS CONSTITUTION OR
MR. PADILLA. On sentence that has specific
this last
by law, any decision. .” so that it will be very clear.
.
reference to the Commission on Elections, will the Com-

mittee agree to have this transferred to the Commission
on Elections? I understand that it was inserted here for
fear of the general rule that every final order or decision
the Committee say?
is subject to appeal by certiorari within 30 days. But it
seems a little awkward that in the Common Provisions, MR. FOZ. Accepted, Mr. Presiding Officer.
we have specific provisions; however, that has particular

reference to the Commission on Elections. My sug-
gestion is to transfer this last sentence to the Commis-
THE PRESIDING OFFICER (Mr. Trefias). Is there
sion on Elections so that there will be no fear that when The Chair hears none; the
any objection? (Silence)
there is a general provision and a specific provision, it is
always the specific provision that governs or prevails. It
is a matter of form. MR. RAMA. Mr. Presiding Officer, I ask that Com-
missioner Davide be recognized.
THE PRESIDING OFFICER (Mr. Trenas). Yes, Com- sioner Davide is recognized.
MR. MAAMBONG. the suggestion of
In line with The proposed amendments will be on Section 5. On
Commissioner Padilla, with which concur, 1 would like I line 20, after the word “Commission,” put a
comma (,)
to call the attention of the Committee that we have and OR A DIVISION THEREOF
insert the following:
Committee Report No. 27, and Section 10, page 4 of WHENEVER AUTHORIZED UNDER THIS ARTICLE,
this committee report specifically states: “final deci-
then put a comma (,).
sions, orders or rulings of the Commission on election
On line 21, between the words “case” and “brought,
contests involving elective municipal and barangay
offices shall be final, inappealable and executory.” In
insert OR MATTER.
effect, it is only a repetition of what is already con- On 22, between the words “for”
line
and ‘ resolu-
the
tained now in the provisions on Common Provisions, so tion,” insert the words DECISION OR; and after
period (.), following “resolution,” add the following FORE IT OR BEFORE ANY OF ITS OFFICES. SUCH
new sentence: A CASE OR MATTER IS DEEMED RULES HOWEVER SHALL NOT DIMINISH, IN-
SUBMITTED FOR DECISION OR RESOLUTION CREASE OR MODIFY SUBSTANTIVE RIGHTS.
UPON THE FILING OF THE LAST PLEADING,
BRIEF, OR MEMORANDUM REQUIRED BY THE THE PRESIDING OFFICER (Mr. Trenas). What does
RULES OF THE COMMISSION OR BY THE COMMIS- the Committee say on the proposed amendment?
SION ITSELF. So that the first two sentences
of Section 5 will now read as follows: “Each Com- MR. FOZ. One observation, Mr. Presiding Officer. As
mission OR A
DIVISION THEREOF WHENEVER a quasi-judicialbody, each commission has the inherent
AUTHORIZED UNDER THIS ARTICLE, shall decide authority to promulgate its own rules.
by a majority vote of all its members any case OR
MATTER brought before it within sixty days from the
MR. DA VIDE.
Mr. Presiding Officer, I noticed that in
date of its submission for A DECISION OR resolution.
the subdivision for the COMELEC, it has that provision.
CASE OR MATTER IS DEEMED SUBMITTED FOR But in the Commission on Audit and the Civil Service
DECISION OR RESOLUTION UPON THE FILING Commission, there is no corresponding provision regard-
OF THE LAST PLEADING, BRIEF, OR MEMO- ing the rules.
RANDUM REQUIRED BY THE RULES OF THE
COMMISSION OR BY THE COMMISSION ITSELF.” MR. FOZ. Commissioner Concepcion is recognized.
THE PRESIDING OFFICER (Mr. Trefias). What does MR. CONCEPCION. We do not prefer that the rules
the Committee say? be approved by the entire commission so that the rules
in each commission would be uniform.

MR. MONSOD. Mr. Presiding Officer, on the first
proposed amendment we wanted to give the COMELEC MR. DA
VIDE. That is the reason why we would like
the flexibility to promulgate its own rules with respect to insert in the Article on Common Provisions the
to decisions by division. Among the commissions, it authority of the commission itself to promulgate its
is only the COMELEC that meets by division, and own rules.
they
wanted that flexibility because there may be instances
where they may say that they may require more than a MR. CONCEPCION. Yes. But a commission con-
majority, or a unanimous vote according to
their own sists of several divisions.
rules and regulations. So, we want to
be silent on that
in this section.
MR. DAVIDE. Then, for instance, with respect to the
COMELEC, which is the only commission authorized
that interpretation, to sit in division, that Commission itself may promul-
I would no 1
insist on the proposed amendment on gate its own rules.

line 20. So the
rest ot the proposed amendments
would stay.
MR. CONCEPCION. Perhaps, the Com-
It is all right.
missioner had better clarify when he says “Each Com-
^ clarification. Is
th(
senê^ce^Jh^t^?!?'
entence that the Commissioner mission,” because that might be understood, at least in
read with the phrase
submitted,” similar to the one actual practice, that every division is a commission
in the Judi
ciary?^"’^^ itself.
MR. DAVIDE. MR. DAVIDE. Yes, Mr. Presiding Officer.

Yes, Mr. Presiding Officer.
MR. MONSOD. We MR. CONCEPCION. I would prefer a modification of

accept the amendments. the language, to require the commission en banc, the
MR. DAVIDE. Thank full commission.
you, Mr. Presiding Officer.
THE PRESIDING OFFICER MR. DAVIDE. As worded, it reads only EACH COM-
(Mr. Trenas). Is th
any objection? MISSION MAY PROMULGATE ITS OWN RULES.
(Silence) The Chair hears none- i
’
amendments are approved.
MR. CONCEPCION. That is the problem, although it
may be construed as each division of the Commission.
MR. DAVIDE. If there are no anterior amendments
I would propose an amendment after Section 5. It
MR. DAVIDE. Then, I will modify: EACH COMMIS-
would be an entirely new section to be denominated SION EN BANC MAY PROMULGATE ITS OWN
later on as SECTION 6. It reads: SECTION 6 EACH
RULES, then put a period (.) and cancel the rest.
COMMISSION MAY PROMULGATE ITS OWN RULES
CONCERNING PLEADINGS AND PRACTICE BE- MR. CONCEPCION. That is right. That is acceptable.
THE PRESIDING OFFICER (Mr. Trenas). The Com- functions as may be provided by law. We can reduce by
mittee has accepted the proposed amendment. two other sections, if we approve this Article on
Common Provisions.

MR. FOZ. We accept, Mr. Presiding Officer.
MR. RAMA. Mr. Presiding Officer, for the last

amendment. THE PRESIDING OFFICER (Mr. Trenas). Is there
MR. DA VIDE. I still have another amendment,
Mr. Presiding Officer. MR. RAMA. Mr. Presiding Officer, for the last
amendment, I ask that Commissioner Ople be recog-
MR. CONCEPCION. If the Commissioner has some- nized.
thing else, perhaps he will consider the fact that these
rules of the commission are subject to the approval of THE PRESIDING OFFICER (Mr. Trenas). Commis-
the Supreme Court. sioner Ople is recognized.
MR. DA VIDE. We already have the provision in the MR. RODRIGO. As a consequence, 1 wish to present
Article on the Judiciary. the following amendment.
MR. CONCEPCION. That is right. So, it is with that THE PRESIDING OFFICER (Mr. Trenas). Commis-
understanding that the rules shall be subject to subse- sioner Rodrigo is recognized.
quent approval by the Supreme Court.
MR. RODRIGO. On line 30, Section 6 should be
MR. DA VIDE. Yes, Mr. Presiding Officer. made to read as SECTION 8.
I have another proposal, which is the insertion of
another section to follow what has been approved. It THE PRESIDING OFFICER (Mr. Trenas). Will the
may be denominated as the new Section 7. It reads: Commissioner please clarify?
EACH COMMISSION SHALL PERFORM SUCH

MR. RODRIGO. Because two sections were added.
OTHER FUNCTIONS AS MAY BE PROVIDED BY
LAW. Section 6 and 7. So, “Sec. 6” on line 30 should be
changed to SECTION 8.

the Committee say? Committee say?
the
MR. FOZ. There is a similar provision. Presiding Officer.

MR. FOZ. Accepted, Mr.
MR. DA VIDE. For only one commission, not for the THE PRESIDING OFFICER (Mr. Trenas). Is there
others. The Chair hears none; the
any objection? (Silence)
MR. FOZ. For instance, in the case of the Civil Ser- recognized.
Commissioner Ople is
vice Commission, there is on page 3, lines 3 and 4, a
phrase which says: “and perform such other functions
as may be provided by law.”
We have a proposed amendment by addition of a new
MR. DAVIDE. That is correct. But in order to section, perhaps to be known now as SECTION is
authorize all commissions under the Common Provi- that correct?speak for several colleagues on the
I
floor — Commissioners Christine Tan, Minda

Luz
sions, it may be best to set it here under Common Provi-
sions. Quesada, Jaime Tadeo, Eulogio Lerum and myself. A
new SECTION 9 is, therefore, added and it will read as
MR. FOZ. And the case of the Commission on

in
NOTWITHSTANDING ANY PROVISION OF
follows:
Elections, per Proposed Resolution No. 521, the last

THIS ARTICLE, THE RIGHT TO SELF-ORGANIZA-
item in the enumeration of powers and functions, it TION SHALL NOT BE DENIED TO GOVERNMENT
says: “performs such functions may be
EMPLOYEES.
other as
provided by law.” May I explain the reason for this proposed
amend-
ment?
MR. DAVIDE. We can probably shorten the entire
Please
Article on the commissions by only providing one THE PRESIDING OFFICER (Mr. Trefias).
section in the matter of the performance of other proceed.

MR. OPLE. In the course of the general debate this MR. MONSOD. Mr. Presiding Officer, we have no
morning, the Chairman of the Committee was kind objection to the proposed section. We just wanted to
enough to grant that Section 9, Article II in the 1973 make it of record that in the event the sponsorship
Constitution, which provided guarantees for the right of committee, for example, looks at the total Constitution
self-organization and collective bargaining for workers and it will find that it properly belongs to somewhere
and employees, pertains to government employees as else, then we will yield to such decision. But we have no
well as private sector employees and workers. Unfor- objection to putting it now in the civil service section.
tunately, the tendency of the government has been to
interpret or to apply this provision of Article II, Section MR. OPLE. We will welcome this action of the Com-
9, very restrictively and, therefore, to this day, because mittee, of course, without yielding the principle that the
of the Article on the Civil Service Commission in the nexus to freedom of association ought to be located for
Constitution of 1973, the presumption is that about government employees in this specific Article that deals
1,200,000 government employees had been taken out of with them as members of the civil service of the Philip-
the effective coverage of the right to self-organization in pines.
Article II, Section 9 of the 1973 Constitution. To
remove what appears to be a developing constitutional Thank you, Mr. Presiding Officer.
stalemate between Article II, Section 9, the guarantee
on self-organization, and the civil service provision of THE PRESIDING OFFICER (Mr. Trenas). The post
the Constitution, we propose that this amendment be amendment has been accepted by the Committee.
considered by the Committee and the Commission,
especially since President Aquino recently, on May 1, FR. BERNAS. Mr. Presiding Officer, just one mani-
1986,. expressly assured the right to self-organization amendment of Commissioner
festation in relation to the
and collective bargaining for government workers and Ople.
employees.
was given the impression that we are already talking
I
about the civil service provisions. My agreement with
the Floor Leader is that we would be called towards the
end of the period of amendments on the Civil Service FR. BERNAS. A contained in
similar provision is
the Bill of Rights upon the recommendation of Commis-
Commission. But I did not think that I wasted the time
of tbc Commission and of the President, considering that sioner Lerum, which is exactly the same as in the report
this input will not be lost when this proposed on the Bill of Rights.
amend-
ment is finally presented at the right time.
MR. OPLE. They then happily reinforce each
will
So, thank you very much, Mr. Presiding Officer. other in the section where they belong.
OFFICER (Mr. Trenas). Thank MR. MAAMBONG. Mr. Presiding Officer.

youaL^^^^*^^^^
R. RAMA. Mr. Presiding
Officer, we are now in the
period of amendments on
the Article on Civil Service.
ao, 1 ask that Commissioner
Bias Ople continue his
amendment. MR. MAAMBONG. Just a point of parliamentary
inquiry: Does that mean that the approved amendment
THE PRESIDING OFFICER by adding a new section would be designated as Section
(Mr. Trenas). Com
sioner Ople may proceed. 8 (b) of the Civil Service Commission on page 3?
MR. OPLE Mr. Presiding Officer,

the only possit THE PRESIDING OFFICER (Mr. Trenas). It is not
objection that I can imagine to
this amendment is th yet approved.
it rightfully belongs to another
section of the Constit
tion. And I think I should make
public what Comm MR. MAAMBONG. Once approved, it should be an
sioner Monsod has just told me. His impression
is tha1 additional section. That is the parliamentary inquiry.
provision on self-organization and collective
bargain!
is contemplated to be included in the
report of t MR. MONSOD. Mr. Presiding Officer, this is one of
Committee on Social Justice. Does this
pro make this the questions we have for Commissioner Ople. He is pro-
Sion redundant, superfluous, unnecessary? I do n
posing this amendment. Where does he propose to put
think so. The proper place for this guarantee should 1
this amendment, in the Common Provisions or in the
in the Article on the Civil Service Commission. Civil Service Commission?
THE PRESIDING OFFICER (Mr. Trefias). What does MR. OPLE. In the Civil Service Commission, Mr.
the Committee say? Presiding Officer.
MR. MON SOD. So, we will accordingly adjust at that THE PRESIDING OFFICER (Mr. Trefias). Yes, Com-
time. missioner Ople is recognized.
MR. PADILLA. Mr. Presiding Officer. MR. OPLE. Yes, I think Commissioner Padilla’s inter-
pretation of the right to self-organization for the public
THE PRESIDING OFFICER (Mr. Trefias). Commis- service is based on nonexaggerated fear of a potentially
sioner Padilla is recognized. unsettling influence through public service units which
is what is formed when employees of the government do
MR. PADILLA. According to Commissioner Ople as decide to exercise the right to self-organization. I think
the proponent, is the proposed insertion of a section that this is not a mandate for government employees to
based on Article II, Section 9 of the 1973 Constitu- go on strike. The government is in a sense the repository
tion? I notice that Article II, Section 9 is mainly ad- of the national sovereignty and, in that respect, it must
dressed to workers; that is, to ensure equal work, be held in reverence if not in awe. It symbolizes the
regulate relations between workers and employers, unity of the nation, but it does perform a mundane task
the rights of workers to self-organization, collective as well. It is an employer in every sense of the word
bargaining, security of tenure and just and humane except that terms and conditions of work are set forth
conditions of work. If we extend this to government through a Civil Service Commission. The government is
employees, especially those in the civil service who, I the biggest employer in the Philippines. There is an
believe, are not exactly workers in relation to employ- employer-employee relationship and we all know that
ers — the government employs personnel in the per- the accumulated grievances of several decades are now
formance of public functions — I have hesitation, if not beginning to explode in our faces among government
opposition, to extending the labor-employer relation to workers who feet that the rights afforded by the Labor
employees in government because they are in a different Code, for example, to workers in the private sector have
category. I do not believe they are identical. Moreover, been effectively denied to workers in government in
when there is, for example, a declaration of strike by what looks like a grotesque, a caricature of the equal
reason of an unfair labor practice or some alleged viola- protection of the laws. For example, I still remember
tion of a provision in the collective bargaining agree- that there were many occasions under the old govern-
ment, strikes should not be fomented but restricted ment when wages and cost of living allowances were
except for good substantial reasons as the last resort. To granted to workers in the private sector but denied to
extend this to the government and apply it to the Civil workers in the government for some reason or another,
Service Commission — we can apply it to the entire and the government did not even state the reasons why.
governmental machinery — there may come a time that The government employees were being discriminated
a strike would paralyze the public service. A strike in against. As a rule, the majority of the world’s
countries
one factory or plant or store may only affect the now entertain public service unions. What they really
particular interest of those concerned in that particular add up to is that the employees of the government form
segment or industry or commerce or business, but to their own associations. Generally, they do not bargain
extend this right not only for self-organization and col- for wages because these are fixed in the budget but they
lective bargaining to government employees, which may acquire a forum where, among other things,
pro-
do
entail, as a necessaryconsequence, the right to strike, I fessional and self-development is promoted and en-
their own
think, is of far-reaching significance, because it would couraged. They also act as watchdogs of
mean that the employees themselves can strike against bosses so that when graft and corruption is
committ^,
the unions who are no longer afraid
by
the government itself and jeopardize public service. generally, it is
virtue of the armor of self-organization that

become the
So, Mr. Presiding Officer, I would not accept just corruption
public’s own allies for detecting graft and
unhesitatingly and without material consideration the
and for exposing it. maintain on behalf of
And so, I still
possible adverse effects against the public service, and I Luz Quesa-
the proponents: Sister Christine Tan, Minda
think there should be, for example, no strike against that this is
da, Jaime Tadeo, Eulogio Lerum and myself,
public service. If in very vital industries the government and
an amendment that the Committee should consider
may even interfere, I believe with more reason in the that the Commission should approve.
performance of public functions this situation of a
particular relation between some workers and their Thank you very much.
employer should not apply to government itself in
Gentleman yield to some
relation to its public officers. MR. NOLLEDO. Will the
hesitation for a recon- questions, Mr. Presiding Officer?

So, I would request without
sideration of the acceptance by the Committee of this
(Mr. Trefias). Will Com-
proposed amendment. THE PRESIDING OFFICER
missioner Ople yield?
MR. OPLE. May I be allowed to say something on the

points raised by Commissioner Padilla? MR. OPLE. Very gladly.
MR. NOLLEDO. Mr. Presiding Officer, I understand MR. OPLE. not expect any strike in govern-
I will
that in the government, there are two basic functions ment as a result of this. The arbitration powers of the
involved: the sovereign or governmental functions and state remains intact.
the proprietary functions, because one cannot deny that
the government also engages in proprietary functions. MR. NOLLEDO. I hope Commissioner Ople will not
And the Commissioner has said that government em- mind, because when he was the incumbent Minister of
ployees, notwithstanding the provisions of the Consti- Labor, he kept on saying that government employees,
tution on civil service, should be given their right to in the exercise of governmental functions, have no right
self-organization. Does the Commissioner agree with me to strike but only to petition for redress of grievances.
that the right to self-organization includes not only the Am I right?
right to form unions but also the right to engage in con-
certed activities like strike or picketing? Does he mean
MR. OPLE. Yes, because at that time, the climate for
to say that the right to self-organization should apply to
policy reforms in labor was rather limited. But now, if
both governmental and proprietary functions?
one does not entertain this amendment, we are, in
effect, reducing the benefits of labor, and because Pres-
MR. OPLE. Yes, but I distinguish between the right ident Aquino had already announced that public service
to self-organization and collective bargaining and the employees should have the right to self-organization.
right to self-organization only. And the original version
— collective bargaining — was incorporated into this MR. NOLLEDO. And if my memory serves me right,
provision. without disparaging my worthy colleague, he said that if
government employees exercising governmental func-
MR. NOLLEDO. I understand that the settled rule in tions should be allowed to strike, the facilities of the
the United States and even in the Philippines at present government are not sufficient to meet the exigencies
is that with respect to governmental functions, govern-
that may result from such strike.
ment employees cannot engage in concerted activities,
because if all of them will go on strike at the same time, MR. OPLE. Yes.
the government will be completely paralyzed; and,
therefore, the national interest may be adversely af- MR. NOLLEDO. I thank Commissioner Ople.
fected, as observed by Senator Padilla.
MR. OPLE. In principle, government employees can
simultaneously walk out. Even now, without this
MR. OPLE. In the United States today, as the Corr amendment, which the teachers have been happily
missioner knows, especially under state
government' doing, and I want to give the information to the Com-
there are many states where the right to
self-organizatio mission that in the Ministry of Labor and Employment
for the public service is fully recognized.
In Japan, thi right now, they are registering public service unions and
IS a right fully recognized.
The strongest unions in Japa nothing catastrophic has followed as a consequence. As
are the public service unions.
In Malaysia, they reoi a matter of fact, they hold weekly forums in that minis-
Trade Union Congress recent!
nd the public service unions try where employees have already organized the first
became the dominan public service unions. And they talk of how to cooper-
component of the MTUC. One does
not hear of goverr ate with the leadership. And now I am just told that
Striking in Japan or in
Malaysia or ii
another sponsor of this amendment would like to share
" Japan, the so-called “sprin
oftn
offensives, l the National
when my time, which I now willingly relinquish, with the
Railways System - it i
leave of the Presiding Officer, to Commissioner Lerum.
a government-controlled
corporation - generally goe
on strike for a new bonus. Thank you, Mr. Presiding Officer.
That about all. But I think we
IS
should not exas THE PRESIDING OFFICER
gerate the potential for disaster
in public service union
(Mr. Trefias). The Floor
because the world s experience so far Leader is recognized.
shows we can trus
our own people m
the government to be
responsible. MR. MONSOD. Mr. Presiding Officer, may I Just
interpose a note here before Commissioner Lerum
H if u
Commissioner b, is recognized, because the Honorable Padilla, in his
satisfied, we state that with respect to
governmenta statement, I think, suggested that the Committee has
functions, government employees will form
association agreed without reflection. We just wanted to say that
for their mutual benefit and then take advantage
of th< this matter has been thoroughly discussed in many
provision in the Bill of Rights, that they can
present t( forums including the Bishops-Businessmen’s Conference
the government petitions for redress of grievances and our consultation with labor that this very same
instead of allowing them to strike, which may take a lo Constitutional Commission conducted at the Executive
of time resulting in a stalemate, and in paralyzation o Building in Manila, and our agreement to the proposed
government activities? new section was based on the wording on the right to
self-organization. Perhaps, the honorable Commis- MR. RAMA. Mr. Presiding Officer, before the vote,
sioners Padilla and Nolledo are reading too much into may I ask that Commissioner Quesada be recognized for
the section. As a matter of fact, during the consultations one minute on the same subject.
with labor, the Industrial Relations Department of the
University of the Philippines suggested that with self- THE PRESIDING OFFICER (Mr. Trenas). Commis-
organization, it is perfectly possible to have what sioner Quesada is recognized.
we call “collective negotiations” rather than collective
bargaining. MS. QUESADA. would like to support the
Yes, I
position already expressed by two of the sponsors, and

MR. RAMA. Mr. Presiding Officer. that is for the Commissioners to give more respect and
faith in the government workers. We need this particular

THE PRESIDING OFFICER (Mr. Trenas). The Floor civil service provision expressed explicitly. As
a govern-
Leader is recognized. have experienced
ment employee for the past 26 years, I
harassment and intimidation even in the effort to or-
MR. RAMA. I ask that Commissioner Lerum be
ganize, not for the purpose of any collective bargaining.
recognized for three minutes.
Just the mere fact of organizing in a government institu-
tion somehow received repressive actions from the
we believe that we need this particular
authorities. So,
sioner Lerum is recognized for three minutes.
provision for the protection of government workers
who remain one of the most exploited, underpaid and
MR. LERUM. I think what I will try to say will not our country.
overworked sectors in
take that long. When we proposed this amendment
providing for self-organization of government em- Commis-
ployees, it does not mean that because they have the
right to organize, they also have the right to strike.
That is a different matter. We are only talking about
MR. RODRIGO. For an orderly procedure, in what
organizing, uniting as a union. With regard to the right
part of the Civil Service Commission is this amendment
to strike, everyone will remember that in the Bill of
going to be placed? It will be the Yes, last section.
Rights, there is a provision that the right to form asso-
because the last section, as it is now, is Section 7; so,
ciations or societies whose purpose is not contrary to
this will be Section 8 of the Civil Service Commission.
taw shall not be abridged. Now then, if the purpose of
the state is to prohibit the strikes coming from em-
MR. PADILLA. Mr. Presiding Officer, may I say a
ployees exercising government functions, that could be
done because the moment that is prohibited, then the few words.
union which will go on strike will be an illegal union.
And that provision is carried in Republic Act 875. In THE PRESIDING OFFICER (Mr. Trefias). Two
Republic Act 875, workers ^ including those from the minutes.
government-owned and controlled corporations, are
allowed to organize but they are prohibited from MR. PADILLA. Yes, Mr. Presiding Officer. Commis-
striking. So, the fear of our honorable Vice-President sioners Lerum and Quesada say that this is
limited to
the right to
is unfounded. It does not mean that because we ap- self-organization, and it does not include
prove this resolution, it carries with it the right to strike. But Commissioner Ople says not only self-
organization but collective bargaining. And
strike. That is a different matter. As a matter of fact,
not only
only to fo^
that subject is now being discussed in the Committee that, he can also justify a strike. So, if it is
of Rights
on Social Justice because we are trying to find a an association, that is provided for in the Bill
— to form an association for purposes not
solution to this problem. We know that this problem the right
pro-
exists; that the moment we allow anybody in the prohibited by law. There is no need for a specific
vision regarding employees in the government
service.
government to strike, then what will happen if the mem-
bers of the Armed Forces will go on strike? What will Commissioner Ople mentions civil service unions. I do
not exactly know what is meant by “public
service
happen to those people trying to protect us? So that
is a matter of discussion in the Committee on Social unions.” We had the Public Service Commission
which is
Justice. But, I repeat, the right to form an organization now the Land Transportation Commission, which has
over public utilities as a transportation
does not carry with it the right to strike. jurisdiction
industrial or commercial.
But e-
company, which is
public service
THE PRESIDING OFFICER (Mr. Trenas). Notwith- cause of its public interest, it is called a
subject then to the Public Service
Commis-
standing the fact proposed amendment of
that the company
unions,
Commissioner Ople has been accepted by the Commit- sion. So, when mention is made of civil service
engaged
tee, nevertheless, it appears that there is an objection on I believe apply to private industry that is
it will
the public utilities,
the part of Commissioner Padilla. We shall vote on the in some sort of public service like
It i
proposed amendment. including the very vital function of transportation.
is only self-organization, probably, there can be no POLICY-DETERMINING, PRIMARILY CONFIDEN-

disagreement because that is already provided for in the TIAL AND HIGHLY TECHNICAL and a comma (,)
Bill of Rights. after it.
THE PRESIDING OFFICER (Mr. Trefias). I regret

In other words, the idea of the amendment is to
that the time of Commissioner Padilla is up. restore the concept of policy-determining, primarily
confidential, and highly technical positions, because no
MR. PADILLA. Thank you. matter what we may say about these, these categories
still exist. As the Supreme Court has constantly said,
VOTING what determines whether a position is policy determin-

ing, primarily confidential, or highly technical is the
THE PRESIDING OFFICER (Mr. Trenas). Shall we actual nature of the position, not the title. The only
vote? I think the matter has been sufficiently discussed. purpose of this classification is to exempt these cate-
As many as are in favor of the proposed amendment gories from competitive examination as a means for
of Commissioner Ople, please raise their hand. (Several determining merit and fitness.
Members raised their hand.) We has been a transposition of
will notice that there
As many as are against, please raise their hand. (One the phrase covering these three categories from the old
Member raised his hand.) system because the old phrasing, I think, was mislead-
ing; it tended to mislead to the conclusion that these

MR. PADILLA. Mr. Presiding Officer, I am not really positions are not covered by security of tenure. The
informed about the exact amendment. Is it only purely initial decisions of the Supreme Court said that these
self-organization without collective bargaining? If so, positions were not covered by security of tenure. How-
I should not have spoken too long. ever, subsequent decisions clarified that these positions
are covered by security of tenure but are only exempt
MR. MONSOD. Mr. Presiding Officer, maybe we from competitive examination as a means for determin-
should read the proposed amendment. ing merit and fitness.
The reason for this is, for instance, that a highly

THE PRESIDING OFFICER (Mr. Trenas). Yes. technical position is defined as something which re-
quires more than just ordinary professionalism. For
MR. MONSOD. It says: NOTWITHSTANDING AN\
instance, an atomic scientist would be a highly technical
PROVISION OF THIS ARTICLE, THE RIGHT TC
professional; so, if we have somebody to be appointed
SELF-ORGANIZATION SHALL NOT BE DENIED TC to the Atomic Energy Commission, any scientist worth
GOVERNMENT EMPLOYEES. his salt would not want to submit to a competitive
examination in order to qualify for this position. That is
THE PRESIDING OFFICER (Mr. Trenas). Can we the only objective of the exceptions.
now have the results?
The results show 33 votes in favor and one against; MR. SUAREZ. Mr. Presiding Officer.
the proposed amendment is approved.
MR. RAMA. Mr. Presiding Officer, I ask that Com- sioner Suarez is recognized.
missioner Aquino be recognized to amend Section
1 on
the civil service proposal. MR. SUAREZ. Will the Gentleman yield to a few
questions?
sioner Aquino is recognized. FR. BERNAS. Very willingly.
MS. AQUINO. Mr. Presiding Officer, I will have to MR. SUAREZ. take it that under this particular
I
yield in favor of Commissioner Bernas. We have agreed section there will be only one level for the career civil
on the proposed amendment to Section 1 (2). service men and that is those who have passed the com-
petitive examinations. The Commissioner is proposing
THE PRESIDING OFFICER (Mr. Trefias). that we reincorporate the existing provisions under the
Commis-
sioner Bernas is recognized. 1973 Constitution with reference to those three classifi-
cations already mentioned which are noncompetitive in
character, such as: (1) policy-determining; (2) primarily
FR. BERNAS. I thank Commissioner Aquino.
confidential; and (3) highly technical in nature.
On page 2, line 7 (2), I propose to insert a comma (,)
between the words “determined” and “as.” On line 8, FR. BERNAS. These are noncompetitive in the sense
between the words “practicable” and “by,” we insert that they do not have to undergo competitive examina-
the phrase AND EXCEPT TO THOSE WHICH ARE tions for purposes of determining merit and fitness.
MR. SUAREZ. That is right, but, nonetheless, they positions, should they enjoy that measure of security of
would satisfy the requirement of merit and fitness. tenure?
FR. BERNAS. Yes, but there has to be some other FR. BERNAS. Yes.
way of determining their merit and fitness, not by
competitive examination. MR. SUAREZ. Thank you.
MR. SUAREZ. Therefore, the Commissioner would MR. FOZ. I have a question. Commissioner Bemas.
want to substantially reincorporate in this section the What about positions that are considered policy-
provision under the 1973 Constitution? determining in nature? Does an occupant of this
position have the right to security of tenure?
FR. BERNAS. Yes, but the position of the phrase has
been changed for purposes of clarity, because the FR. BERNAS. He can be given the right to security.
original phraseology of the 1973 Constitution, which In other words, this classification has nothing to do with
was a copy of the 1935 Constitution, led to the con- security of tenure but only with determining merit and
clusion that these positions are not covered by security handled dif-
fitness. The matter of security of tenure is
of tenure. There was a decision of the Supreme Court to ferently: the employee might or might not be given
that effect, which subsequently was changed by that
security of tenure, or an office might be created for
body, saying that the only thing they are exempted them, but that office is removable at will.
from is competitive examination.
The whole range of decisions in Supreme Court
the
MR. SUAREZ. When the Commissioner speaks about on this is: This classification has nothing to do with
the Supreme Court decision, is he referring to holding security of tenure but only with determination of merit
the position at the pleasure of the appointing power? and fitness.
FR. BERNAS. No. MR. FOZ. Which department of government has the
power or authority to determine whether a position is
MR. SUAREZ. I am referring only to those falling
policy-determining or primarily confidential or highly
within the three categories mentioned by the Commis-
technical?
sioner. Do I take it that, as proposed by the Commis-
sioner, these career or civil service eligibles, in spite of
FR. BERNAS. The initial decision is made by the
the fact that they did not pass any competitive examina-
legislativebody or by the executive department, but the
tions, would, nonetheless, enjoy security of tenure?
final decision is done by the court. The Supreme Court
has constantly held that whether or not a position is
FR. BERNAS. Yes. or highly
policy-determining, primarily confidential
technical, it is determined not by the title but by the
MR. SUAREZ. And they should not be holding their
nature of the task that is entrusted to it. For instance,
offices at the pleasure or displeasure of the appointing created requir-
we might have a case where a position is
power? ing that the holder of that position should be a member
of the Bar and the law classifies this position as highly
FR. BERNAS. Yes. before
technical. However, the Supreme Court has said
that a position which requires mere membership in the
Bar not a highly technical position. Since the term
is
“highly technical” means something beyond the or-

FR. BERNAS. The only thing which can confuse here dinary requirements of the profession, it is always a
is regarding the positions that are primarily confidential.
question of fact.
If a person occupies such a position and he has lost the
confidence of his superior, then his position is ter-
MR. FOZ. Does not Commissioner Bernas agree that
minated. However, the Supreme Court has always said
the general rule should be that the merit system or the
that termination is not equivalent to removal but rather
competitive system should be upheld?
the end of his term, because it is coterminous with
confidence.
general
FR. BERNAS. Iagree that that should be the
MR. SUAREZ. So that is the 6nly exception. rule; that is why we are putting this as an exception.
are
FR. BERNAS. Yes. MR. FOZ. The declaration that certain positions
or nig y
policy-determining, primarily confidential
MR. SUAREZ. With two other technical has been the source of practices
which amoun
respect to the classifi-
cations, the policy-determining and the highly technical to the spoils system.
FR. BERNAS. The Supreme Court has always said MS. AQUINO. Mr. Presiding Officer, the proposed
that, but the law of the administrative agency says
if amendment will be on page 2, Section 4, line 13.
that a position is primarily confidential when in fact it is
not, we can always challenge that in court. It is not MR. PADILLA. Prior amendment, Mr. Presiding
enough that the law call it primarily confidential to Officer.
make it such; it is the nature of the duties which makes
a position primarily confidential.
MR. FOZ. The effect of a declaration that a position
is policy-determining j primarily confidential or highly
technical — as an exception — is to take it away from
MR. PADILLA. This is on page 2, Section 1, para-
the usual rules and provisions of the Civil Service Law graph 3, lines 9 to 11. I notice that this section
and to place it in a class by itself so that it can avail mentions the phrase “removed, suspended or otherwise
itself of certain privileges not available to the ordinary
disciplined.” The 1935 Constitution used the phrase
run of government employees and officers.
“removed or suspended” while the 1973 Constitution
used the phrase “suspended or dismissed.” The word
FR. BERNAS. As I have already said, this classifica- “discipline” is a new insertion. I also notice that while
tion does not do away with the requirement of merit the former Constitution spoke of “for cause provided
and fitness. All it says is that there are certain positions by law,” this committee report qualifies “cause” with
which should not be determined by competitive the word “just” and adds the phrase “as may be
examination. provided by law.”
For instance, I have just mentioned a position in the Will the Committee consider more or less the restora-
Atomic Energy Commission. Shall we require a physicist tion of certain phrases in the relevant provisions of the
to undergo a competitive examination before appoint- 1935 and 1973 Constitutions and the exclusion of
ment? Or a confidential secretary or any position in discipline which may not amount to any suspension,
policy-determining administrative bodies, for that removal or dismissal? Why should we say “just cause as
matter? There are other ways of determining merit and may be provided by law”? There may be a subsequent
fitness than competitive examination. This is not law that may provide additional cause for suspension or
a
denial of the requirement of merit and fitness. dismissal, and definitely it cannot be given any retro-
active effect. Why not use the phrase “for cause pro-
MR. FOZ. But experience has shown that these vided by law” as stated in the former Constitutions?
matters have been the source of abuse. One of the ef-
fects of such a declaration is to remove it from
the MR. FOZ. What is the Commissioner’s amendment?
general run of government employees. Therefore,
holders of these positions enjoy better rates of pay and THE PRESIDING OFFICER (Mr. Trenas). Will
compensation. Commissioner Padilla please restate his amendment?
FR. BERNAS. Mr. Presiding Officer, I have said MR. PADILLA. propose to reword Section 1, para-
I
everything I want to say, so I submit it to a vote. graph 12 on page 2 by deleting “otherwise
3, lines 9 to
disciplined,” the word “just” and the phrase “as may
THE PRESIDING OFFICER (Mr. Trenas). Is the be,” such that it would read: “No Member of the civil
proposed amendment acceptable to the Committee? service shall be removed or suspended except for cause
provided by law.”
MR. FOZ. The Committee accepts the amendment.
MR. FOZ. What is the difference as far as the clause
THE PRESIDING OFFICER (Mr. Trenas). Is there “asmay be provided by law” is concerned?
proposed amendment is approved. MR. PADILLA. The I entertain is that when
fear a
civil service employee has done an act which may be a
MR. DA VIDE. Mr. Presiding Officer. cause for his suspension or removal as provided by law,
that may be all right. But a subsequent law may add
THE PRESIDING OFFICER (Mr. Trenas). Commis- additional causes, and his act may be anterior to that, so
sioner Davide is recognized. that subsequent law should not be given any retroactive
effect. The phrase “as -provided by law” is all right, but
MR. DAVIDE. I move that Commissioner Aquino be the former phrase “as may be provided by law” might
recognized for another amendment. entertain the idea of a subsequent law being enlarged or
additional causes being included therein. The fear is that
THE PRESIDING OFFICER (Mr. Trenas). Commis- it might be justified by this phrase “as may be,” instead
sioner Aquino may now proceed. of the old text “as provided by law.”
MR. FOZ. But what about his proposal to delete the phrase “except to vote” was not intended as a guarantee
word “just” before “cause”? to the right to vote but as a qualification of the general
prohibition against taking part in elections.
MR. PADILLA. I propose to delete the word “just”
Voting is a partisan political activity. Unless it is
because the law has already provided the causes. If there
explicitly provided for as an exception to this prohibi-
is a cause provided by law which will justify an em-
tion, it will amount to disenfranchisement. We know
ployee’s suspension or dismissal, well and good. How-
that suffrage, although plenary, is not an unconditional
ever, others might say: “That cause is not just.” So it
right. In other words, the Legislature can always pass a
will give rise to some unholy discussions and court
statute which can withhold from any class the right to
proceedings to determine whether the cause already
vote in an election, if public interest so required. I
provided by law is just or unjust. In other words, I do
would only like to reinstate the qualification by specify-
not see any improvement by the addition of these words
ing the prohibited acts so that those who may want to
over the two similar provisions in both Constitutions
vote but who are likewise prohibited from participating
except the words “removed” in one and “dismissed” in
in partisan political campaigns or electioneering may
the other, which mean the same thing, which were
vote.
already provided in the previous Constitutions. How-
ever, if we do not intend to make any substantive
change, we might as well adopt the former text, because MR. FOZ. There is really no quarrel over this point,
that has already been recognized and has probably but please understand that there was no intention on
received judicial interpretation. the part of the Committee to disenfranchise any govern-
ment official or employee. The elimination of the last
MR. FOZ. On the proposition that the term “for clause of this provision was precisely intended to
cause” has acquired a definite meaning in law and for protect the members of the civil service in the sense that
the reason stated by the proponent regarding the last they are not being deprived of the freedom of ex-
clause, the Committee accepts the amendment. pression in a political contest. The last phrase or clause
might have given the impression that a government
MR. PADILLA. Thank you. employee or worker has no right whatsoever in an elec-
tion campaign except to vote, which is not the case.
THE PRESIDING OFFICER (Mr. Trefias). The Com- They are still free to express their views although the
mittee has accepted the amendment. intention is not really to allow them to take part
actively in a political campaign.
Isthere any objection? (Silence) The Chair hears
none; the proposed amendment is approved.
MS. AQUINO. Mr. Presiding Officer, the point of the
MR. DAVIDE. Mr. Presiding Officer. Chairman of the Committee is well-taken, but I believe
his fear is more apparent than real. In fact, the explicit
THE PRESIDING OFFICER (Mr. Trenas). Commis- proviso “except to vote,” is, in effect, a definitive quali-
sioner Davide is recognized. fication of that general prohibition against participation
in partisan political activity, because it is axiomatic that
MR. DAVIDE. May I ask that Commissioner Aquino voting is a partisan political activity. In other words, the
be recognized to propose her amendments. fear expressed by Commissioner Foz may be off-tangent.

that
sioner Aquino is recognized. MR. FOZ. We accept the amendment with
clarification.
MS. AQUINO. Mr. Presiding Officer, my proposed

amendment is on page 2, Section 1, subparagraph 4, MS. AQUINO. I thank Commissioner Foz; and I also
lines 13 and 14. On line 13, between the words “any” thank the Presiding Officer.
and “partisan,” add the phrase ELECTIONEERING
AND OTHER; and on line 14, delete the word “activity” THE PRESIDING OFFICER (Mr. Trefias). The Com-
and in lieu thereof substitute the word CAMPAIGN.
mittee has accepted the amendment.
May I be allowed to explain my proposed amend-
The Chair hears
Is there any objection? (Silence)
ment? approved.
none; the proposed amendment is

recogni-
sioner Aquino may proceed. MR. DAVIDE. Mr. Presiding Officer, I seek
tion of Commissioner Suarez for his amendment.
MS. AQUINO. The by the Com-

draft as presented
which was THE PRESIDING OFFICER (Mr. Trefias). Commis-
mittee deleted the phrase “except to vote”
adopted in both the 1935 and 1973 Constitutions. The sioner Suarez is recognized.
MR. SUAREZ. Mr. Presiding Officer, I have the same ments in the legislative department is already assured of
amendment similar to or identical with the amendment approval.
just approved now.
MR. MAAMBONG. I specifically asked Commissioner
MR. DA VIDE. seek the recognition of Commis-
I Davide, the Chairman of the Committee on the Legisla-
sioner Romulo some clarificatory questions before
for tive, and he assured me that the reinstallation of the
we go to other amendments. Commission on Appointments is almost a certainty, so

with his assurance, I think we will have a Commission
THE PRESIDING OFFICER (Mr. Trenas). Commis- on Appointments.
sioner Romulo is recognized.
MR. FOZ. With that information and the expectation
MR. ROMULO. Can we go back to Section 3 of the that such a constitutional body will be established and
Common Provisions, lines 15 and 16. It involves the approved by the Commission, then the Committee
phrase “including government-owned or controlled accepts the amendment.
corporations or THEIR subsidiaries.” Does it mean that
the Philippine Airlines, which is owned or controlled by THE PRESIDING OFFICER (Mr. Trenas). The Com-
the government, will be run according to Civil Service mittee has accepted the amendment.
rules?
Isthere any objection? (Silence) The Chair hears
none; the proposed amendment is approved.
MR. FOZ. No, the inclusion here of “government-
owned or controlled corporations or their subsidiaries”
has to do with the franchise or privilege granted by such MR. MAAMBONG. Mr. Presiding Officer, I am not
government corporations or their subsidiaries. It has going to propose any other amendment. I will just make
nothing to do with the management. a reservation to make a similar amendment to the other
constitutional bodies.
MR. ROMULO. Yes, thank you. Thank you.
MR. DAVIDE. Mr. Presiding Officer, understand
I
MR. FOZ. Mr. Presiding Officer.
that Commissioner Aquino has a proposed amendment
on Section 2.
MR. FOZ. sioner Foz is recognized.

It is not here.
MR. FOZ. There has been a disagreement in the Com-

DAVIDE. Then, may I seek the recognition of
mittee as to the last proposal or amendment. May I
Commissioner Maambong for paragraph 2 of Section 2?
move for a reconsideration of the approval of the last
THE PRESIDING OFFICER amendment proposed by Commissioner Maambong?
(Mr. Trenas). Commis-

MR. MAAMBONG. Mr. Presiding Officer, on page 2,
Section 2, paragraph 2, line 24, after the word motion is approved.
“Pres-
ident,” I propose to insert the phrase WITH
THE CON- MR. DAVIDE. Mr. Presiding Officer.
SENT OF THE COMMISSION ON APPOINTMENTS.
On line 25, delete the entire sentence “Appointments to
the Commission need no confirmation.” THE PRESIDING OFFICER (Mr. Trenas). Commis-
May I explain for just a few seconds, Mr. Presiding
Officer? MR. DAVIDE. I seek the recognition of Commis-
I 3gree that the constitutional commissions

should be
sioner Quesada for an anterior amendment on Section 1.
independent. I think when we cause the appointment of
the chairmen and commissioners thereof without the MR. FOZ. There is a pending matter.
necessity of confirmation of the Commission on Ap-
pointments, it would be carrying our independence a MR. DAVIDE. I am sorry.
bit too far. I submit, Mr. Presiding Officer.
MR. MONSOD. Mr. Presiding Officer, may we explain
THE PRESIDING OFFICER (Mr. Trenas). What does our reason and then leave it up to the body. The reason
the Committee say? the Committee thought about not subjecting the ap-
pointments to the Commission on Appointments is the
MR. FOZ. We would like to be informed, if the desire not to introduce partisan politics into these
proposal to reestablish the Commission on Appoint- constitutional commissions. It is our understanding that
the composition of the Commission on Appointments unexpired term of one commissioner, he cannot be
would be something similar to the old Commission on reappointed. Moreover, we feel that there are safeguards
Appointments. in the system that would prevent one person from
dominating the commissions.
We were a little concerned that, for example, the
Commissioners of the Commission on Elections would
FR. BERNAS. Mr. Presiding Officer, just one word in
now be the subject of haggling and horse trading such
that the list would now be composed of nominees of
amendment of Commissioner Maambong.
support of the
political parties. We were afraid that this would hurt the
integrity of the electoral process. THE PRESIDING OFFICER (Mr. Trenas). Commis-
In the case of the Judiciary, which is allowed to have
appointments, there is a Judicial and Bar Council. How-
FR. BERNAS. I sympathize with the intention of the
ever, it is our contention that in the case of the Judi-
Committee to insulate the Civil Service Commission
ciary, judges are appointed for life; whereas, in the
against politics, but as Commissioner Maambong said,
case of the constitutional commissions, there is a natural
stopper because the terms of the commissioners will in
the President is as much a political animal as the mem-
bers of Congress.
no case exceed seven years.
So this was some sort of a trade-off here and we Moreover, in response to the argument that after all
wanted to insulate these constitutional commissions the terms are staggered, we should remember that the
from politics. That was the reason for that provision. first appointees will be appointed by the same President.
One principal complaint we had against the past
MR. MAAMBONG. Mr. Presiding Officer, before we administration was that the power of appointment
put the issue to a vote, may I be allowed to put in a few became subject to abuse because it was not subject to
words? any check.
The Com- The proposal of Commissioner Maambong is precisely

to put a check on the appointing authority, and that
missioner has two minutes. would be in the interest of insulating all these commis-
sions against politics.
MR. MAAMBONG. sympathize with the concern of
I
the Committee regarding the appointments of the mem-

MR. DAVIDE. Mr. Presiding Officer, Commissioner
bers of the commission through the Commission on Ap-
de Castro would like to add a little on this issue. May I
pointments, but I would like the Committee to under-
seek for his recognition?
stand that if the appointments will not go through the
process of being gone over by the members of the Com-
mission on Appointments, then the logical conclusion is
that it would only be the President, himself a politician, sioner de Castro is recognized.
who will decide.
Second, Mr. Presiding Officer, 1935

historically in the MR. DE CASTRO. Thank you, Mr. Presiding Officer.
I am a member of the Committee, and when we
Constitution, members of the constitutional commis- were
sions went through the Commission on Appointments. discussing this matter a while ago, we were concerned
The only reason this was deleted in the 1973 Constitu- about the statements made by Commissioner Monsod
tion was there was no more Commission on Appoint- on insulating these members of the constitutional com-
ments. As stated by Commissioner Monsod, in the case missions from partisan politics. accepted that position
I
of the members of the Judiciary, we do have a Judicial on condition that my Resolution No. 330, substituting a
and Bar Council that can go over their qualifications. Committee on Appointments in lieu of the Commission
I feel very strongly that we should put the members
on Appointments, will be approved by the Committee
the constitutional commissions through a process of on the Legislative. I submitted this resolution in view of
of
our very bad experience with the Commission on Ap-
screening by the Commission on Appointments as far
pointments, whose members numbered 25 including the
as their qualifications are concerned.
ex-officio Chairman, the Senate President. One member
alone could table an appcrintment if the appointee
would not approach that member. That appointment
MR. MONSOD. May I just have a minute? I just want would remain hidden in the drawer of his table and he
to say that in drafting the provision, we took into con- would be bypassed for several years, as I was bypassed
appointment
sideration the staggered terms of the Commissioners so for seven years because someone hid my
papers and did not release them before the Commission
that not at any one time will they be beholden to one
President. on Appointments.
Committee on Appointments instead of
a
As a matter of fact, the appointment provision as And so, if a
now drafted says that even when an appointee takes the Commission on Appointments will be passed by t e
Committee on the Legislative, then I would agree that So, there are thousands of workers who are willing
the commissioners of the constitutional commissions to lay their life on this particular provision because it
pass through the Committee on Appointments. is very vital. This is often the cry of the government
Thank you, Mr. Presiding Officer. workers in our public hearings and consultations and
even before the convening of this Constitutional Com-
mission. I would particularly bring out the issue of
MR. DAVIDE. The issue has been sufficiently dis-
cussed.I move for a vote on the proposed amend- government health workers who have oftentimes ex-
ments. pressed this problem and they are clamoring now for
this constitutional body to redress the injustice that was
committed against them.
VOTING
So, propose to add a new paragraph to follow
I
THE PRESIDING OFFICER (Mr. Trenas). Those in paragraph 4. This is a good provision that will refer
favor of the proposed amendment will please raise their to government servants.
hand. ( Several Members raised their hand.)
All those against will please raise their hand. MR. FOZ. Mr. Presiding Officer, what is the exact
(Few
Members raised their hand.) amendment?
The results show 21 votes in favor and 7 against; the MS. QUESADA. The proposed amendment is to in-
sert, as the last paragraph of Section 1 the following;,
MR. DAVIDE. Mr. Presiding Officer.

GOVERNMENT WORKERS SHALL BE GRANTED
PERMANENT STATUS AFTER RENDERING SIX
MONTHS OF SATISFACTORY AND ESSENTIAL
(Mr. Trenas). Commis- SERVICE. So, I have added here the words SATISFAC-
TORY and ESSENTIAL, meaning, that their services are
vital for the continuity of government service.
MR. DAVIDE. move
for the recognition of Commis-
I
sioner Quesada for an anterior amendment on Section 1.
MR. FOZ. I am sorry I did not get the amendment.
THE PRESIDING OFFICER (Mr. Trefias). Commis- MR. DAVIDE For clarification, Mr. Presiding Officer.
sioner Quesada is recognized. That proposed amendment would be a new paragraph
on Section 1, and it should be placed between lines
MS. QUESADA. Mr. President, I would like to intro- 14 and 15.
duce an additional paragraph to Section 1 and this
would be paragraph 5. This is in reference to a resolu- MS. QUESADA. Yes, it is a new insertion.
tion introduced by Honorable Sarmiento and myself
which seeks to make all government workers and em- MR. FOZ. Mr. Presiding Officer, we would like to
ployees permanent workers after rendering six months amendment again.

hear the
of service subject to civil service rules.
MS. QUESADA. The new amendment reads: GOV-
I there are thousands of workers and em-
believe
ployees who have been in the government service for
ERNMENT WORKERS SHALL BE GRANTED PER-
more than five years but have not enjoyed many of the
MANENT STATUS AFTER RENDERING SIX
rights other workers have enjoyed such as the right to
MONTHS OF SATISFACTORY AND ESSENTIAL
SERVICE, meaning, that their services are needed to
security of tenure and the right to self-organization.
continue the service of that particular institution.
This particular group of workers is not protected by
the government. As a matter of fact, the government is MR. DE LOS REYES. Mr. Presiding Officer.
the number one exploiter of labor especially the manual
workers. If we want to improve government service, THE PRESIDING OFFICER (Mr. Trenas). Commis-
then they should now enjoy some protection by the sioner de los Reyes is recognized.
law. It was claimed earlier by some of the members of
the Committee that this should be subject to legislation. MR. DE LOS REYES. May I ask the proponent some
But for many years casual workers in the government questions?
have pleaded to have that kind of protection since their
counterparts in the private sector have been protected MS. QUESADA. Gladly.
by the Labor Code. This Code has a parallel provision
that would make the workers who have rendered six MR. DE LOS REYES. Does this contemplate a
months of permanent. But employees in the
service worker who has rendered continuous service?
government sector remain casuals even up to the time
they retire. MS. QUESADA. Yes.
MR. DE LOS REYES. Let us take the case, of a MR. RODRIGO. Who will judge whether the service
worker who was employed for one month; then later on is satisfactory? I suppose it is the chief.
was laid off. He was again employed, then later on laid
off. Even if the accumulated period of his service MS. QUESADA. That is supposed to be the function
amounted to six months, he would not be entitled to of the supervisor or the officer-in-charge.
be a permanent employee.
MR. RODRIGO. But suppose the officer-in-charge
MS. QUESADA. have in mind those workers who
I says: “No, your service has not been satisfactory,” what
have rendered continuous service which is important to is the recourse of the casual employee?
the organization.
MS. QUESADA. He could raise this issue with the
MR. DE LOS REYES. With that provision, that fate grievance machinery.
will be suffered by these employees. That is what the
appointing power will do: not to allow the employee to MR. RODRIGO. What is this grievance machinery?
render service continuously so that he cannot avail of
permanent status. MS. QUESADA. The Civil Service Law provides that
Thank you. a grievance machinery be created to which workers can
seek redress for any injustice.
sioner Rodrigo is recognized. MR. RODRIGQ. Will this be a quasi-judicial body
which can render decisions?
MR. RODRIGO. May I ask some questions? Does
this jibe with the provision of Section 1 under the Civil MS. QUESADA. Yes, the Civil Service Commission
Service Commission, subsection 2 which reads: also provides for promotion boards or grievance com-
mittees within the organization. But I am really refer-
Appointments in the civil service shall be made only
ring to workers who do not enjoy any kind of pro-
according to merit and fitness to be determined, as far
tection. They cannot even seek redress from grievance
as practicable and except to those which are policy-
committees precisely because they are considered
determining, primarily confidential and highly technical,
casuals.
by competitive examination.
Many casual employees who have no eligibility did MR. RODRIGO. Who would decide the other deter-
not undergo any competitive examination. Is there no minant, that the service is essential?
inconsistency between that policy enunciated in Section
1, subparagraph 2 and this proposal making them MS. QUESADA. I think the management of any of-
permanent employees even if they are not civil service fice would be able to certify that their services are
eligibles merely because they have already served for six necessary for the functioning of that particular institu-
months? tion.
MS. QUESADA. When we say “practicable ... by MR. RODRIGO. If the officer-in-charge says: “No,
competitive examination,” this is not the only way by this is not an essential service; this is not indispensable
which we can judge the merit and fitness of a govern- to the service,” should they go to the grievance commit-
ment employee. tee?
MR. RODRIGO. So, the Commissioner would make MS. QUESADA. I think that there are other mechan-
this an exception to that general rule. Does she also say isms through which this particular group of workers
that this comes under those who would not be com- could seek some redress.
pelled to take this competitive examination because it is
not practicable? MR. RODRIGO. We are going into a lot of details.
Would the Commissioner not want to leave this to legis-
MS. QUESADA. No. My
concern mainly is the status lative action? Would she want a constitutional mandate
of being temporary or permanent accorded to workers on this?
who have rendered services although I believe that
casual public or civil servants could and should also go MS. QUESADA. Yes, because for many years, many
through the requirement of merit and fitness. government workers have not been protected at all by
law. It appears that politicians would much rather have
MR. RODRIGO. The Commissioner also states in workers remain as casuals so that they can be part of
that amendment that the service must be “SATIS- the spoils system.
FACTORY AND ESSENTIAL.” Is that right?
MR. RODRIGO. What is the basis of setting six
MS. QUESADA. Yes. months and not one year?

MS. QUESADA. The private sector has this provision six months, or even one year under a merit system
Labor Code.
in the would not be encompassed by that provision. There
may be some government workers who, by reason of
MR. RODRIGO. But that is an ordinary legislation. meritorious conduct and performance, could possibly
be made permanent employees after a continued service
MS. QUESADA. Yes, but government workers do not of merely three months, but if there is a six-month
have anything to appeal to because there is no such law period in the Constitution, then the Legislature would
at all that protects them from this situation. not be that flexible. So, instead of putting a constitu-
tional provision limiting the period strictly to six
MR. RODRIGO. This is a follow-up to the point months, and give the Legislature a little more room for
raised by Commissioner de los Reyes. making adjustments on the different contingencies and
Suppose in order to evade this constitutional provi- different classifications, I am proposing a substitute
sion, the officer-in-charge dismisses the casual employee amendment to Commissioner Quesada’s on Section 1
five days before the six-month period elapses and then (3), lin.e 9, so that the paragraph reads: “No member of
hireshim again after five days. We get into details here. the Civil Service shall be removed, suspended, or other-
Sometimes there are matters which are better left to wise disciplined except for cause AND
SHALL ENJOY
ordinary legislation. SECURITY OF TENURE AS provided by law.”
MS. QUESADA. think the principle that has to be

I MR. DAVIDE. Mr. Presiding Officer, the said para-
constitutionalized is the need to protect government graph has already been amended by Commissioner
workers who are not enjoying certain rights like the Padilla.
right to self-organization and the right to security of
tenure which are enjoyed by other workers. MR. REGALADO. Portion of Commissioner Padilla’s
amendment reads: except for cause provided by
“. . .
FR. BERNAS. Mr. Presiding Officer, just one clarifi- law.” I propose to amend it to read: “otherwise disci-
catory question. plined except for cause AND SHALL ENJOY SECUR-
ITY OF TENURE AS provided by law.” This amend-
THE PRESIDING OFFICER (Mr. Trefias). Commis- ment sets forth a constitutional mandate, but leaving it
sioner Bernas is recognized. to ordinary legislation to make the corresponding
adjustments.
FR. BERNAS. Just one question.
Under the present jurisprudence, an appointment or a MS. QUESADA. Yes, but then the employee con-
commission which in its term says it is temporary cerned here is not yet a member of the civil service
never
ripens into a permanent appointment. because the status of his appointment is “casual.” So,
Under the Com-
missioner’s proposed amendment, what we are proposing is for temporary workers to
will an expressly
temporary appointment automatically enjoy the right of becoming permanent and be called a
ripen into a
permanent appointment after six months'? civil servant.
MS. QUESADA. That is the intention. THE PRESIDING OFFICER (Mr. Trefias). So the
proposed amendment of Commissioner Regalado is not
MR. DAVIDE. Mr. Presiding Officer, accepted?
I move for 1
recognition of Commissioner
Regalado on the sai
nr? hT the Commission may MS. QUESADA. It does not really capture the spirit
prepared to vote. or the intention of my proposal.

sioner Regalado
(Mr. Trenas). Comm MR. DAVIDE. Mr. Presiding Officer.
is recognized.
THE PRESIDING OFFICER (Mr. Trenas). The Act-
MR. JÊGALADO. Mr. Presiding Officer,
am one I ( ing Floor Leader is recognized.
the members of the
Committee who were approach^
by Commissioner Quesada regarding this MR. DAVIDE. If Commissioner Regalado will not
problem SI
expressed correctly that there appears to
it
insist on his amendment to the amendment, I think the
have been r
constitutional mandate for the grant of main amendment is now ready for voting.
security (
tenure to government employees who are still

c
temporary or casual status. I answered her that it wou MR. DE CASTRO. Mr. Presiding Officer, just one
be best ordinary legislation with the correspon
left to
word.
ing constitutional mandate for that purpose. She me
tioned the Labor Code and the six-month period there THE PRESIDING OFFICER (Mr. Trenas). Commis-
for private workers. But then, perhaps, three month sioner de Castro is recognized.
MR. DE CASTRO. Thank you. largelydependent on fluctuating budgetary outlays of
Commissioner Quesada speaks of temporary ap- different agencies. In other words,we saw what hap-
When a temporary appointment is pened recently when many thousands of temporary
pointees and casuals.
employees were laid off because there was no money
made, I understand from the rules of the civil service
to support their continuation in office. The Commis-
that the temporary appointee does not possess the right
sioner, of course, concede that the security of
will
civil service eligibility for the position he is holding, and
employment of government is sometimes
casuals in the
such temporary appointment shall last for six months
a function of policy; many other times it really depends
only. After six months he will occupy the position on
on fluctuations of budgets.
permanent status even without the appropriate civil
service eligibility, I understand, because there are ap- Therefore, will the Commissioner consider an
plicable civil service eligibilities for various positions, amendment to her amendment, which merely reads
such as for supervisors and clerks. In this case, after six as TEMPORARY EMPLOYEES OF THE
follows:
months, the employee becomes permanent even though GOVERNMENT SHALL ENJOY SECURITY OF
he does not possess the appropriate civil service eligibili- TENURE AS MAY BE PROVIDED BY LAW, which
ty. Thus, the whole gamut of the merit system of the means mandate to the Legislature to determine the
a
Civil Service Commission is destroyed. terms and conditions of employment of these govern-
ment casuals and to endeavor to give them security of
I understand that these casuals are removable at any
tenure consistent with the financial configuration of the
time because they do not have the appropriate civil
government at any given time. Will Commissioner
service eligibilities and there are no positions for them,
Quesada welcome that reformulation?
except that at the time of need there was so much work
that had to be accomplished. They are usually laid off
work lasts for six
MS. QUESADA. I accept.
after their work is finished. If the
months and casuals have no appropriate civil
these
MR. OPLE. Yes; so if the Chair is ready, then as
and there are no actual positions
service eligibilities yet
— except that they will have to finish the work — to reformulated the following is the amendment that will
absorb them, it will put to naught all this merit system be put to a vote: TEMPORARY EMPLOYEES OF
in the Civil Service. THE GOVERNMENT SHALL ENJOY SECURITY OF
TENURE AS MAY BE PROVIDED BY LAW.
Thank you.
MS. QUESADA. Could the Commissioner include,
MS. QUESADA. I refer to workers who are actually AFTER HAVING RENDERED A NUMBER
however,
essential to the smooth operation of any government OF MONTHS?
entity and who perform certain functions described by
the Civil Service Commission. I can cite many of these MR. OPLE. The law will take care of that and it will
government workers with job descriptions spelled out as provide more than that.
essential services.
MS. QUESADA. I accept.
MR. OPLE. Mr. Presiding Officer.
MR. DA VIDE. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. What does
Trenas).
THE PRESIDING OFFICER (Mr. Trenas). The Act- the Committee say on the proposed amendment of
ing Floor Leader is recognized. Commissioner Ople?
MR. DA VIDE. I think the issue has been sufficiently MR. FOZ. We would like to hear the amendment
discussed. again; I would like to be clear about it.
MR. OPLE. Mr. Presiding Officer, may I ask for just a reads: TEMPORARY
MR. OPLE. The amendment
minute because I think I have a very important question EMPLOYEES OF THE GOVERNMENT SHALL EN-
to raise before this matter is submitted to a vote. I JOY SECURITY OF TENURE AS MAY BE PRO-
would like to request Commissioner Quesada to answer VIDED BY LAW.
a question.
ask the Commissioner if the words
MR. FOZ. May we
incon-
THE PRESIDING OFFICER (Mr. Trenas). Commis- “temporary” and “security of tenure are not
sioner Ople is given one minute. sistent.
MR. OPLE. There need be no inconsistency in the

MR. OPLE. The Commissioner, having worked for
the government once, realizes that the security of em- sense that they are temporary now. As Commissioner
ployment of thousands of casuals in the government is Bernas said this is a class of employees that would m-
elude those holding temporary appointments, and as THE PRESIDING OFFICER (Mr. Trenas). What does
Commissioner Quesada said, this would include all of the Committee say?
these many thousands of casuals in the government. So,
that is the scope of this amendment: that they shall MR. FOZ. The Committee accepts.
enjoy security of tenure as may be provided by law.
However, if that amendment still jars the sensibilities MS. QUESADA. Thank you.
of the members of the Committee, I now reword it to
TEMPORARY
read: EMPLOYEES OF THE GOVERN- THE PRESIDING OFFICER (Mr. Trenas). The Com-
MENT SHALL BE ENTITLED TO SECURITY OF mittee has accepted the new amendment.
TENURE AS MAY BE PROVIDED BY LAW. Is there any objection?
If Commissioner Quesada now agrees with me on the MR. DAVIDE. Commissioner Maambong seeks to be
and supporters around her, I now
basis of the kibitzers
recognized.
propose the following: TEMPORARY EMPLOYEES
SHALL ENJOY THE PROTECTION OF LAW, THE THE PRESIDING OFFICER (Mr. Trenas). Commis-
INTENT BEING THAT THEY SHALL BE ENTITLED sioner Maambong is recognized.
TO SECURITY OF TENURE AS MUCH AS POSSIBLE
AS MAY BE PROVIDED BY LAW. MR. MAAMBONG. Mr. Presiding Officer, this is just
a point of information. I was a member of the Commit-
THE PRESIDING OFFICER (Mr. Trenas). What does tee on Civil Service of the last Regular Batasang Pam-
Commissioner Quesada say? bansa, and I would like to inform the body that before
we were dissolved we were precisely working on that
MS. QUESADA. Could the Commissioner include kind of formulation to give permanent status to tempo-
TEMPORARY APPOINTMENT SHALL RIPEN INTO rary employees of the government. So I favor that
PERMANENT APPOINTMENT AS MAY BE PRO- provision in the Constitution. The future Batasang
VIDED BY LAW? Pambansa, at least, will be made aware that there is
really that intent of giving protection to temporary
MR. OPLE. That looks like a legislation. employees.
Thank you.
MS. QUESADA. May I request a one-minute sus-
THE PRESIDING QFFICER (Mr. Trenas). Thank
pension of the session. you.
MR. DAVIDE. May I request two minutes.

MR. DAVIDE. Mr. Presiding Qfficer, there are still
amendments May I propose the recogni-
to Section 2.
THE PRESIDING QFFICER (Mr. Trenas). The
tion of the following Commissioners in the order they
session issuspended for two minutes. are named: Commissioners de los Reyes, Regalado,
It was 6:33 p.m. Aquino and de Castro.
THE PRESIDING QFFICER (Mr. Trenas). Will they

RESUMPTION OF SESSION speak on the amendments?
MR. DAVIDE. Yes, on amendments to Section 2.

session
(Mr. Trenas). The THE PRESIDING OFFICER (Mr. Trenas). There is a
is resumed.
pending amendment now.
MR. DAVIDE. Mr. Presiding Officer, MR. DAVIDE. thought was approved
may I seek I it already.
the recognition of Commissioner
Quesada for the m
fied amendment. THE PRESIDING OFFICER (Mr. Trenas). No, Com-
missioner de Castro has just stood up. May the Chair
THE PRESIDING OFFICER (Mr. TreHas). Commis-
inquire from Commissioner de Castro if he is objecting
sioner Quesada is recognized. to the amendment?
MR. DE CASTRO. I object to the amendment. There

MS. QUESADA. We are happy to report to the Chair are three kinds of appointments in the Civil Service
the final formulation of an accepted amendment to
Commission: (1) a permanent appointment which is
TEMPORARY EMPLOYEES OF THE GOVERN-
read: usually extended when the employee has appropriate
MENT SHALL ENJOY THE PROTECTION OF LAW. civil service eligibility for the position he is holding;
(2) provisional appointment when the civil service

a I think that is what the proponent is asking. After a
eligibility of the employee is not appropriate for the period of time, a temporary worker should be made
position he is holding. An employee with a provisional permanent. In the government at present, these tempo-
appointment is usually given six months which is re- rary workers are given the so-called unassembled eligibil-
newable for another six months unless he acquires the ity after five years, not six months. I think they cannot
appropriate civil service eligibility for his position; and prove that they have rendered essential work after only
(3) a temporary appointment is when the employee has six months. They have to be on the job for five years,
no eligibility whatsoever. Even if we put the phrase “as after which they may be considered eligibles. So, they
provided for by law,” this employee who has no eligi- cannot be removed anymore even though they have no
bility whatsoever should take the Civil Service Commis- eligibility, for they need not take a competitive exam-
sion’s examination any time it will be given so that he ination. I have my doubts though about this six-month
can acquire the appropriate civil service eligibility. period.
I object to the amendment because the whole gamut

of the merit system of the Civil Service Commission will THE PRESIDING OFFICER (Mr. Trenas). Is Com-
be destroyed, if we accept and give security of tenure to missioner Natividad proposing an amendment at this
temporary employees. stage?
Thank you. am suggesting an amendment to

MR. NATIVIDAD. I
the amendment.
MR. DAVIDE. I move for a vote on the amendment.
MR. PADILLA. Mr. Presiding Officer, the proposed Commissioner Quesada say?
amendment, as I heard it, reads: TEMPORARY EM-
PLOYEES SHALL ENJOY THE PROTECTION OF MS. QUESADA. What is the amendment?
THE LAW. I do not know what protection of the law
actually exists for these temporary employees. Once an
MR. NATIVIDAD. I am just suggesting to provide
employee is temporary or casual, he has no permanent
the exact help that we would like to give the temporary
status; hence, he has no right to security of tenure. I TEMPORARY EMPLOYEES
employees, in this way:
wonder what meant by “SHALL ENJOY THE PRO-
is
SHALL BE ACCORDED PERMANENT STATUS AF-
TECTION OF THE LAW.” should be worded
I think it
TER A PERIOD OF TIME AS PROVIDED BY LAW.
differently because, as I see it, there isno protection to
temporary employees who have rendered service for six original intention, so
MS. QUESADA. That was the
months or more, and that is the complaint of the pro-
I accept.
ponent. But now we are saying that temporary em-
ployees shall enjoy the protection of the law. There is
THE PRESIDING OFFICER (Mr. Trenas). Shall we

absence of protection.
vote on that already?
THE
PRESIDING OFFICER (Mr. Trenas). The Chair
believes this matter has been thoroughly discussed. Are MS. QUESADA. I think it is more in the spirit in
which the proposal was made by Commissioner
Sar-
we ready to vote or will Commissioner Quesada enter-
tain amendments or clarifications? miento and myself.
MR. NATIVIDAD. Mr. Presiding Officer. MR. MQNSQD. Mr. Presiding Qfficer, may we know
the parliamentary status? The proposal
of Commis-
THE PRESIDING OFFICER (Mr. Treflas). Commis- Committee. What is
sioner Quesada was accepted by the
sioner Natividad recognized. amendment of Commis-
the parliamentary status of the
is
sioner Natividad? Should it not be

propounded to the
MR. NATIVIDAD. Thank you.
Committee?
was also thinking about that because these workers
I
with temporary appointments, under the present law, THE PRESIDING OFFICER (Mr. Trefias). Precisely.
can be dismissed with or without cause. However, the Does the Committee accept?
provisional appointee cannot be dismissed except for
cause. That is the situation. MR. FOZ. The Committee accepts.
Commissioner Padilla commented on what protection

the law can give temporary employees under the present MS. QUESADA. Thank you.
amendment. Maybe the amendment should sound some-

MR. FOZ. We would like to be clear about the
thing like TEMPORARY EMPLOYEES SHALL
this;
proposed by Commis-
BE ACCORDED PERMANENT STATUS AFTER A amendment to the amendment as
PERIOD OF TIME AS PROVIDED BY LAW. sioner Natividad.

MR. NATIVIDAD. We are not taking it now as six Is there any objection? (Silence) The Chair hears
months. The help that we want to extend to tempo- none; the amendment is approved.
rary employees is already clear in this amendment. We
want them to be permanent after a period of time which MR. BENGZON. Mr. Presiding Officer.
is to be set by law.
THE PRESIDING OFFICER (Mr. Trehas). Yes, Com-

MR. FOZ. So how will the statement now read? missioner Bengzon is recognized.
MR. NATIVIDAD. It should read: TEMPORARY MR. BENGZON. I just want to seek clarification on
EMPLOYEES SHALL BE ACCORDED PERMANENT the actual meaning of the amended provision. There are
STATUS AFTER A PERIOD OF TIME AS PROVIDED two facets here: protection as a laborer or protection
BY LAW. as a civil servant. I ask because if a temporary employee
has no civil service eligibility and his position ripens into
MR. FOZ. Mr. Presiding Officer.
permanent without a civil service eligibility, it is the
same thing; we will wreck the whole civil service merit
THE PRESIDING OFFICER (Mr. Trenas). Yes, Com- system.
missioner Foz is recognized.
MR. FOZ. If I may be allowed to respond, that is a

SUSPENSION OF SESSION question that should be addressed to the Legislature.
MR. FOZ. I would like to ask for a suspension of the
session. MR. BENGZON. No, that is an interpretation of that
provision. We would to know the sense of the
like
THE PRESIDING OFFICER (Mr. Trenas). The proponent. If the intention in that amendment is to
session is suspended. make that temporary appointment ripen into per-
manency without the employee becoming a civil service
It was 6:50 p.m.
the same thing as wrecking the whole
eligible, it is civil
service merit system.

At 6:56 p.m., the session was resumed. THE PRESIDING OFFICER (Mr. Trenas). Will
Commissioner Quesada explain?

session is resumed. MS. QUESADA. The final proposal is going to set the
opening for legislation that will provide protection to
MR. DA
VIDE. May I request for the recognition casual and temporary employees who are not enjoying
again of Commissioner Quesada
for the final modified any such protection.
amendment.
sioner Quesada
(Mr. Trenas). Comm
is recognized. THE PRESIDING OFFICER (Mr. Trefias). Commis-
sioner Monsod is recognized.
^ withdraw all amei
ments introduced on the floor
and submit the follow! MR. MONSOD. Since the Committee has some
final provisions.
suggestions as to the framing of that provision, may we
say that it is our understanding that it is possible for the
OFFICER (Mr. Trenas). All ame, law under that provision to impose certain conditions
ments have been withdrawn.
for the conversion into permanent status.
MS. QUESADA. The
should final amendment re-^
TEMPORARY EMPLOYEES OF THEGOVERNMEt MS. QUESADA. Yes.
SHALL BE GIVEN SUCH PROTECTION AS
^>5 ^Y
may
PROVIDED BY LAW. j
MR. DE CASTRO. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Trenas). What does THE PRESIDING OFFICER (Mr. Trenas). Commis-
the Committee say? sioner de Castro is recognized.
MR. FOZ. The Committee accepts the amendment. •

MR. DE CASTRO. May I ask the honorable Commis-
sioner Quesada a question?
THE PRESIDING OFFICER (Mr. Treflas). The Com-
mittee has accepted the amendment. MS. QUESADA. Willingly.
A
MR. DE CASTRO. What protection do we expect the government in the sense that the majority of stocks
“TEMPORARY EMPLO-
from the law when we say are owned by the government?
YEES OF THE GOVERNMENT SHALL BE GIVEN
SUCH PROTECTION AS MAY BE PROVIDED BY MR. ROMULO. It is owned by the GSIS. So, this is
LAW.” what we might call a tertiary corporation. The GSIS is
owned by the government. Would this be covered be-
MS. QUESADA. We will leave that to the Legislature. cause the provision says “including government-owned
or controlled corporations.”
MR. DE CASTRO. Is it a protection to be permanent
in his position or what? MR. FOZ. The Philippine Airlines was established as a
government, through
private corporation. Later on, the
MS. QUESADA. As may be provided by law, it is the
the GSIS, acquired the controlling stocks. Is that not
right to security of tenure.
the correct situation?
MR. DE CASTRO. This will still lead to the wrecking

Commissioner Ople
of the whole merit system in the Civil Service Commis- MR. ROMULO. That is true as is
about to explain. There was apparently a Supreme

sion.
Court decision that destroyed that distinction between
Thank you. a government-owned corporation created under the
Corporation Law and a government-owned corporation
MR. DAVIDE. The issue is now ready for a vote. created by its own charter.
VOTING MR. FOZ. Yes, we recall the Supreme Court decision
THE PRESIDING OFFICER (Mr. Trenas). All those

in the case of NH
vs. Juco to the effect that all govern-
ment corporations irrespective of the manner of
in favor of the proposed amendment, please raise their
creation, whether by special charter or by the private
hand. (Several Mertihers raised their hand.)
Corporation Law, are deemed to be covered by the civil
All those against, please raise their hand. (Few Mem- service because of the wide-embracing definition made
bers raised their hand.) in this section of the existing 1 973 Constitution. But
we
recall the response to the question of Commissioner
amendment is approved. Ople that our intendment in this provision is just to give
a general description of the civil service. We
are not
here to make any declaration as to whether ernployees

MR. DAVIDE. I seek recognition of Commissioner
Romulo for a parliamentary inquiry on Section 1. of government-owned or controlled corporations are
barred from the operation of laws, such as the
Labor
THE PRESIDING OFFICER (Mr. Trenas). Commis- Code of the Philippines.
sioner Romulo is recognized.

MR. ROMULO. Yes.
MR. ROMULO. I beg the indulgence of the Commit-

tee. I was reading the wrong provision. MR. OPLE. May I be recognized, Mr. Presiding Of-
ficer, since my name has been mentioned by
both sides.
I refer to Section 1, subparagraph 1 which reads:
The embraces all branches, subdivisions,

Civil Service MR. ROMULO. I yield part of my time.
instrumentalities and agencies of the government, including
government-owned or controlled corporations. THE PRESIDING OFFICER (Mr. Trenas). Commis-
My query: Is Philippine Airlines covered by this provi- sioner Ople is recognized.
sion?
MR. OPLE. In connection with the coverage of the
MR. FOZ. Will the Commissioner please state his Civil Service Law in Section 1(1), may I
volunteer some
previous question? information that may be helpful both to the inter-
pellator and to the Committee. Following the proclama-
this issue of
MR. ROMULO. The phrase on line 4 of Section 1, tion of martial law on September 21, 1972,
Philippines and
subparagraph 1 under the Civil Service Commission, the coverage of the Labor Code of the
I am,
,
immediately arose.
says: “including government-owned or controlled corpo- of the Civil Service Law almost
particular, the period following the
referring to
rations.” Doesinclude a corporation, like the
that in
Constitution ot
Philippine Airlines which is government-owned or con- coming into force and effect of the
Service was sup-
trolled? 1973, where the Article on the Civil
In the case ot
posed to take immediate force and effect.
This was
MR. FOZ. I would like to throw a question to the LUZTEVECO, there was a strike at the time.
cor-
Commissioner. Is the Philippine Airlines controlled by a government-controlled and government-owned
poration. I think it was owned by the PNOC with just of an absolute exclusion of government-owned or con-
the minuscule private shares left. So, the Secretary of trolled corporations. However, this does not preclude
Justice at that time. Secretary Abad Santos, and myself the Civil Service Law to prescribe different rules and
sat down, and the result of that meeting was an opinion procedures, including emoluments for employees of
of the Secretary of Justice — which became binding proprietary corporations, taking into consideration the
immediately on the government — that government nature of their operations. So, it is a general coverage
corporations with original charters, such as the GSIS, but it does not preclude a distinction of the rules
were covered by the Civil Service Law and corpora- between the two types of enterprises.
tions spun off from the GSIS, which we called second-
generation corporations functioning as private sub- MR. FOZ. In other words, it is something that should
sidiaries, were covered by the Labor Code. Samples of
be left to the legislature to decide. As I said before, this
such second-generation corporations were the Philippine is just a general description and we are not making any
Airlines, the Manila Hotel and the Hyatt. And that declaration whatsoever.
demarcation worked very well. In fact, all of these com-
panies I have mentioned as examples, except for the
MR. MONSOD. Perhaps if Commissioner Romulo
Manila Hotel, had collective bargaining agreements. In
would like a definitive understanding of the coverage
the Philippine Airlines, there were, in fact, three collec-
and the Gentleman wants to exclude government-owned
tive bargaining agreements; one, for the ground people
or controlled corporations like Philippine Airlines, then
or the PALIA; one, for the flight attendants or the
the recourse is to offer an amendment as to the cover-
PASAC; and one for the pilots of the ALP AC. How then
age, if the Commissioner does not accept the explana-
could a corporation like that be covered by the Civil
tion that there could be a distinction of the rules,
Service Law? But, as the Chairman of the Committee
including salaries and emoluments.
pointed out, the Supreme Court decision in the case of
NHA vs. Juco unrobed the whole thing. Accordingly,
the Philippine Airlines, the Manila Hotel and the Hyatt MR. ROMULO. So as not to delay the proceedings,
are now considered under that decision covered by the I will reserve my right to submit such an amendment.
Civil Service Law. I also recall that in the emergency
meeting of the Cabinet convened for this purpose at the MR. REGALADO. Mr. Presiding Officer.
initiative of the Chairman of the Reorganization Com-
mission, Armand Fabella, they agreed to allow the CBAs THE PRESIDING OFFICER (Mr. Trenas). Commis-
to lapse before applying the full force and effect of the sioner Regalado is recognized.
Supreme Court decision. So, we were in that awkward
situation when the new government took over. I can MR. REGALADO. First, a brief parliamentary
agree with Commissioner Romulo when he said that this inquiry with respect to page 2, line 19. Did the Com-
is a problem which I am not exactly sure mission agree to delete the word “preferably” there? It
we should
address in the deliberations on the Civil Service reads: “appointment, at least 35 years of age, preferably
Law or
whether we should be content with what the with.” I remember there were some discussions about
Chairman
said - that Section the deletion of the word “preferably.” Was that ap-
1 (1) of the Article on the Civil
Service is just a general proved by the body?
description of the coverage of
the Civil Service and no more.
REV. RIGOS. Mr. Presiding Officer, may I answer
that?
Officer, for the

moment ^ satisfied if the THE PRESIDING OFFICER (Mr. Trenas). Commis-
record
Committee puts on
intent by this provision and sioner Rigos is recognized.
the nhrase
phrase including government-owned
or controlled
companies as the Philippine
REV. RIGOS. Mr. Presiding Officer, this was sug-
AÎ-linS^*°"^ gested this morning by Commissioner Nolledo but
there has been no formal motion to delete the word
MR FOZ. Personally, that is my view.
As a matter “preferably.” I would like to add that the reason the
of |3Ct, when this draft was made, my proposal Committee used this word or agreed to use this word in
was
really to^ eliminate, to drop from the provision, the the phrase “preferably with proven eapacity for public
phrase “including government-owned or administration” is that the Committee is not totally
controlled
corporations.” excluding other people with expertise in other fields,
like lawyers.
MR. ROMULO. Would the Committee indicate that
that is the intent of this provision? MR. REGALADO. I move that the word “preferably”
be deleted because even with such a deletion, it will not
MR. MONSOD. Mr. Presiding Officer, I do not think
exclude lawyers with proven capacity for public
the Committee can make such a statement in the face administration.
THE PRESIDING OFFICER (Mr. Trenas). What does MR. FOZ. Just one question, Mr. Presiding Officer.
the Committee say? By the term “original charters,” what exactly do we
mean?
MR. FOZ. We accept the amendment.
MR. ROMULO. We mean that they were created by
MR. DAVIDE. May seek the recognition of Com-
I
law, by an act of Congress, or by special law.
missioner Aquino for an amendment on Section 2?
MR. FOZ. And not under the general corporation
THE PRESIDING OFFICER (Mr. Trenas). Let us
law.
firstdispose of the amendment proposed by Commis-
sioner Regalado. MR. ROMULO. That is correct, Mr. Presiding Officer.
none; the amendment is approved. MR. FOZ. With that understanding and clarification,
the Committee accepts the amendment.
MR. ROMULO. I have an anterior amendment, Mr.
Presiding Officer. MR. NATIVIDAD. Mr. Presiding Officer, so those
created by the general corporation law are out.
sioner Romulo is recognized. MR. ROMULO. That is correct.
MR. ROMULO. On page 2, line 5, I suggest the fol- THE PRESIDING OFFICER (Mr. Trenas). The
lowing amendment after “corporations”: Add a comma amendment has been accepted by the Committee.
(,) and the phrase EXCEPT THOSE EXERCISING PRO-
Is there any objection? ( Silence) The Chair hears
PRIETARY FUNCTIONS. none; the amendment is approved.
THE PRESIDING OFFICER (Mr. Trenas). What does MR. DAVIDE. Mr. Presiding Officer.
the Committee say?
THE PRESIDING OFFICER (Mr. Trenas). The Act-
SUSPENSION OF SESSION ing Floor Leader is recognized.
MR. MONSOD. May we have a suspension of the

MR. DAVIDE. Imove for the recognition of Commis-
session?
sioner Aquino for her amendment on Section 2.

Commis-
sioner Aquino is recognized.
It was 7:16 p.m.
RESUMPTION OF SESSION May I call the attention of the Committee members
to Section 2 (2) beginning on line 23. The intention
on
line 23 is to provide for staggering appointment such
that
THE PRESIDING OFFICER (Mr. Trefias). The under ordinary circumstances, no President would have
session is resumed. an occasion to appoint more than one commissioner
during his term of six years, except for the first one; am
Commissioner Romulo is recognized.
I correct?
MR. ROMULO. Mr. Presiding Officer, I am amending

my proposed amendment to now read as fol-
original MR. FOZ. That is right. But another purpose is to
lows: “including government-owned or controlled have a continuing body so that, even if some members
are
corporations WITH ORIGINAL CHARTERS.” The pur- or one member of the commission retires, there
pose of this amendment is to indicate that government surely at least two left behind.
corporations such as the GSIS and SSS, which have
clear that the intent is to
original charters, fall within the ambit of the civil ser- MS. AQUINO. So, it is
is lik^
vice. However, corporations which are subsidiaries of provide for a self-perpetuating commission that
of the President and
these chartered agencies such as the Philippine Airlines, wise insulated from the influence
provision was designed
Manila Hotel and Hyatt are excluded from the coverage the Executive. The way the
of the civil service. would seem to presume that the term of the President
Commission decides on a our
is six years. What if the
THE PRESIDING OFFICER (Mr. Trenas). What does year term? In which case, with a four-year
term for the
all of the
the Committee say? President, the President will be appointing
three commissioners. Would this be flexible to accom- a situation wherein a commissioner is upgraded to a
modate changes in case we decide on a four-year term position of chairman. But if this provision is intended to
for the President? cover that kind of situation, then I am willing to
withdraw my amendment.
MR. FOZ. What is the Gentlewoman’s proposal?
MR. MONSOD. It is covered.
MS. AQUINO. I would propose for an alternative
provision subject to whatever is the decision of the body MR. FOZ. There is a provision on line 29 precisely to
on the term of the President, if we are to conform with cover that situation. It states: “Appointment to any
the desired objective in the staggering of appointment. vacancy shall be only for the unexpired portion of the
term of the predecessor.” In other words, if there is up-
MR. MONSOD. We have considered that possibility grading of position from commissioner to chairman, the
and realized that in order to get beyond the possible appointee can only serve the unexpii'ed portion of the
eight years of the President elect, then the term must be term of the predecessor.
nine years or longer. On the other hand, we also realize
that if a President has a fresh mandate from the people
MS. AQUINO. But we have to be very specific about
after four years, the intendment of the people is to
it; the provision does not still account for that kind of a
indirectly give the President the right to appoint the
situation because, in effect, it might even shorten the
officers for positions vacant during the period. However,
term because he serves only the unexpired portion of
having said that, if the Executive does provide a dif-
the vacant position.
ferent term than what we had assumed, we are open to a
reconsideration and discussion at the time in order to
MR. FOZ. He takes it at his own risk. He knows that
see if we can synchronize these things better.
he will only have to serve the unexpired portion of the
term of the predecessor.
MS. AQUINO. Which means in the alternative, it
might mean a tenure of nine, six and three years,
MS. AQUINO. Regardless of that, my question is:
respectively.
Will provision apply likewise to that kind of a
this
situation? In other words, I am only asking for an as-
MR. MONSOD. May we reserve our discussions when surance that the safety valve applies to this situation.
the occasion arises, Mr. Presiding Officer.
MS. AQUINO. Thank you. MR. FOZ. The provision does take care of that
situation.
In the same paragraph, I would propose an
amend-
ment by addition on page 2, line 31. Between the period MS. AQUINO. Thank you.
(.) after the word predecessor” and the sentence which
‘
bepns with ‘‘In no case,” insert THE

APPOINTEE MR. DA VIDE. Mr. Presiding Officer, I move for the
SERVE AN AGGREGATE recognition of Commissioner de los Reyes for an amend-
PERIOD OF MORE THAN SEVEN YEARS.
I was ment on Section 2.
thmking that this may approximate
the situation where-
in a commissioner is
first appointed as an ordinary
missioner and later on appointed
com- THE PRESIDING OFFICER (Mr. Trenas). Commis-
as chairman. I am will- sioner de los Reyes is recognized.
ing to withdraw that
amendment if there is representa-
tion on the part of the
Committee that this provision MR. DE LOS REYES. On
contemplates that kind of situation between the words
line 32,
and that there is an
implicit intention to prohibit “appointed” and “in,”I propose to insert the words OR
a term that in the aggre-
gate will exceed more than seven DESIGNATED so that the whole sentence will read: “In
years. If that is the
intention, I am willing to withdraw no case shall any Member be appointed OR DESIG-
my amendment. NATED in a temporary or acting capacity.”
MR. MONSOD. If the Gentleman will read the whole THE PRESIDING OFFICER (Mr. Trenas). What does
Article, she will notice that there is no
reappointment of the Committee say?
any kind and, therefore, as a whole there is no way that
somebody can serve for more than seven years. The MR. FOZ. But it changes the meaning of this sen-
purpose of the last sentence is to make sure that this
tence. The sentence no case shall any Member
reads: “In
does not happen by including in the appointment both be appointed in a temporary or acting capacity.”
temporary and acting capacities.
MR. DE LOS REYES. Mr. Presiding Officer, the
MS. AQUINO. Yes.Reappointment is fine; that is amendment
reason for this is that some lawyers make a
accounted for and appointment of a temporary or act- distinction between an appointment and a designation.
ing capacity is also accounted for. But I was thinking of The Gentleman will recall that in the case of Commis-
sioner on Audit Tantuico, I think his term exceeded the I am proposing to delete the phrase “promulgate and
constitutional limit but the Minister of Justice opined enforce policies on” on line 35 and the subsequent
that it did not because he was only designated during phrases on the ground that these are unnecessary repe-
the time that he acted as Commissioner on Audit. So, in titions and definitions of the concept of central person-
order to erase that distinction between appointment and nel agency. Instead of that I am proposing the inclusion
designation, we should specifically place the word so of concepts which would redefine and realign the thrust
that there will be no more ambiguity. “In no case shall and focus of the Civil Service Commission.
any Member be appointed OR DESIGNATED in a
temporary or acting capacity.” MR. FOZ. Since the proposed amendment is a little
bit long —although I have seen it and some of the mem-
MR. FOZ. The amendment is accepted, Mr. Presiding bers of the Committee have read it — perhaps it is best
Officer. for the proponent to write it down and copies be made

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TO

REPUBLIC OF THE PHILIPPINES

PROCEEDINGS AND DEBATES

Prepared by the Editorial/Publication Unit

President of the Philippines CotmtanCT''

Itccorb of tl|c otnmtooion

PROCEEDINGS AND DEBATES

HON. CECILIA MUNOZ PALMA

HON. AMBROSIO B. PADILLA

HON. NAPOLEON G. RAMA

HON. JOSE D. CALDERON HON. AHMAD DOMOCAO ALONTO

HON. FLERIDA RUTH P. ROMERO HON. ROBERTO M. SAN ANDRES

Hon. Yusup R. Abubakar Hon. Teodulo C. Natividad

Hon. Adolfo S. Azcuna Hon. Bias F. Ople

Hamtig Fe B. Evanglista Preciosa I. Perez

Conchita A. Aquino Lydia Abad Malig

FLERIDA RUTH P. ROMERO

R.C.C. No. 2 (June 3,1986) 11

Rules of the Constitutional Commission of 1986 781

. Committee Report No. 1 on the Preamble

at King Abdulaziz University, Jeddah,

Joint Working Draft on the Bill of Rights 794

Proposed resolutions approved on Third Reading 797

^ccorb nf tlje CTonotitutfonol fiTommiosiott

Monday, June 2, 1986

with the entry tion of 1935 as its quote: “My

Leader. (Applause) tionaldemocracy, which is the key to political stability

Assistant Floor Leader. (Applause) disputed word or phrase.

at-Arms. (Applause) will be watching, aware that the constitution being

- — let us that recognizes and respects our sense of Filipino values

that defines and directs our set of religious traditions,

Calderon Reyes de los . .

whom You love and who love You. Gascon Present

after day Guingona Present Tadeo Present

work within the period Jamir Present Tan Present

promotes the good of every FUipino Maambong . . . . Present Uka .

Villacorta Present Villegas Present RESUMPTION OF SESSION

THE VICE-PRESIDENT. The Chair declares the

OATH-TAKING OF CON-COM MEMBERS THE VICE-PRESIDENT. The Acting Floor Leader is

Members now rise recognized.

Future Filipinos and their legislatures and supreme

Yours indeed no easy task. On the other hand,

Thank you, Mr. Vice-President. (Applause)

The table is now open for nominations for President recognized.

THE VICE-PRESIDENT. Commissioner Serafin V.C. MR. RAMA. Mr. Vice-President.

OATH-TAKING OF THE PRESIDENT ACCEPTANCE SPEECH OF THE PRESIDENT

ilalim ng Republika ng Pilipinas; na aking itataguyod at

social, economic and political stability and normaliza- recognized.

inclinations but that we shall labor together with open pended.

Yes, my friends, let us do our duty with dedication,

missioner de los Reyes to make a nomination.

Filipino people, preserves its territorial integrity, Reyes is recognized.

THE PRESIDENT. Mr. San Andres is nominated for

THE PRESIDENT. The Acting Floor Leader is

THE PRESIDENT. Is there any objection to the

MR. MONSOD. Madam President, I would like to

Present Regalado Present

Guingona Present Romulo Present

reproach to any people.

Present is: yesterday, we elected the Secretary-General

Present Castro de Present

referral to committees the two officers

*Appeared after the roU call