VOL 1, 07-17-1986, RCC 32 708-709 MR. MONSOD: Mr. Presiding Officer, may we call on Commissioner Foz.

THE PRESIDING OFFICER (Mr. Regalado): Commissioner Foz is recognized. MR. FOZ: Mr. Presiding Officer, in the explanation of Section 9 of the draft about freedom of speech and of the press, there is the statement that the provision preserves the consecrated language of the old version, and this is only very true, because even our 1973 Constitution speaks in the following manner: "No law shall be passed abridging the freedom of speech, or of the press, etc.," and the same language is found in our 1935 Constitution. Now, this provision is traceable to the First Amendment of the US Constitution which has words to the same effect. cdll FR. BERNAS: Yes. MR. FOZ: And, in turn, this provision of the American Constitution was influenced by what happened in England or the experience of the 13 colonies, and which, in turn, was influenced by what happened in England sometime before, especially during the time of John Milton, the famous English poet who rebelled against a law at the time, which would license printing and publishing. As presently worded in our Constitution and even in the American Constitution, the impression is that it is absolute freedom of speech and of the press that is being granted or stressed, but we know very well that this is not so. As a matter of fact, in our Revised Penal Code, we know there are provisions, particularly on libel and inciting to rebellion, which are, in fact, legal provisions which abridge freedom of expression and of the press. The question is: Has the Committee ever tried defining freedom of expression, freedom of speech and of the press? FR. BERNAS: The Committee did not think it necessary or advisable to try to define these freedoms; rather, it would prefer to keep the original language which has been enriched by a large body of jurisprudence. It is a dynamic right which is very difficult to put into simple formulas, and we prefer to leave the formula this way. MR. FOZ: But the sponsor says there has been a lot of judicial decisions which define the extent or the boundaries of freedom of speech and of the press, and our courts are, in turn, influenced particularly by American decisions or rulings on these twin freedoms. FR. BERNAS: Yes, Mr. Presiding Officer. MR. FOZ: Has the Committee ever given any thought to rewriting this provision on freedom of speech and of the press? FR. BERNAS: The Committee did not, but if the Commissioner is prepared to do it, we would entertain it. We would, however, prefer to keep the original provision. MR. FOZ: Thank you, Mr. Presiding Officer. VOL 1, 07-18-1986,, RCC 33 pp. 770-771 THE PRESIDING OFFICER (Mr. Bengzon): The Floor Leader is recognized. MR. RAMA.: I ask that Commissioner Brocka be recognized. THE PRESIDING OFFICER (Mr. Bengzon): Commissioner Brocka is recognized. MR. BROCKA: This is a very minor amendment, Mr. Presiding Officer. On Section 9, page 2, line 29, it says: "No law shall be passed abridging the freedom of speech." I would like to recommend to the Committee the change of the word "speech" to EXPRESSION; or if not, add the words AND EXPRESSION after the word "speech," because it is more expansive, it has a wider scope, and it would refer to means of expression other than speech. THE PRESIDING OFFICER (Mr. Bengzon): What does the Committee say? FR. BERNAS: "Expression" is more broad than speech. We accept it. MR. BROCKA: Thank you. THE PRESIDING OFFICER (Mr. Bengzon): Is it accepted? FR. BERNAS: Yes. THE PRESIDING OFFICER (Mr. Bengzon): Is there any objection? (Silence) The Chair hears none; the amendment is approved. FR. BERNAS: So, that provision will now read: "No law shall be passed abridging the freedom of speech, expression or of the press . . ."

MR. RAMA:

I ask that Commissioner de los Reyes be recognized for the last amendment.

VOL 5 10-09-1986, RCC 103 p718 THE PRESIDING OFFICER (Mr. Jamir): Is there any other comment? (Silence) The Chair hears none; the proposal is approved. MR. RODRIGO: It will read: ". . . to form unions, associations, or societies." Section 8, no change. On Section 9, the word "of” was inserted before "expression” on line 26. So that it would read: "No law shall be passed abridging the freedom of speech, OF expression, or of the press." Just add the word "of" for uniformity. THE PRESIDING OFFICER (Mr. Jamir): Is there any objection? (Silence) The Chair hears none; the proposal is approved. Section 10, no change

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