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CALL TO ORDER

At 3:12 p.m., the President of the Constitutional Commission, the Honorable Cecilia Muñoz Palma, called the session to order.

NATIONAL ANTHEM AND PRAYER

The National Anthem was played followed by a prayer led by Mr. Adolfo S. Azcuna, to wit:

O God, help us to be true to the great privilege and responsibility You have given us. Give us a sense of proportion, wisdom of mind, clearness of thinking, truth in speech and love in our hearts, that we may work in peace and harmony.

Help us, O God, to blend freshness in youth with wisdom in age.

Finally, grant that as we propose a new charter for our people, we heed the counsel of an old poet and storyteller: "Let me write the songs of a nation, and I care not who writes its laws".

Amen.

ROLL CALL

Upon direction of the Chair, the Secretary-General of the Commission called the Roll, to which the following Members responded:  

Aquino, F. S.	Maambong, R. E.
Azcuna, A. S.	Monsod, C. S.
Bacani, T. C.	Nieva, M. T. F.
Bengzon, J. F. S.	Muñoz Palma, C.
Bennagen, P. L.	Quesada, M. L. M.
Bernas, J. G.	Rama, N. G.
Rosario Braid, F.	Rigos, C. A.
Brocka, L. O.	Rodrigo, F. A.
Calderon, J. D.	Romulo, R. J.
De Castro, C. M.	Rosales, D. R.
Colayco, J. C.	Sarmiento, R. V.
Concepcion, R. R.	Suarez, J. E.
Davide, H. G.	Sumulong, L. M.
Foz, V. B.	Tadeo, J. S. L.
Gascon, J. L. M. C.	Tan, C.
Jamir, A. M. K.	Tiongson, G. J.
Laurel, J. B.	Treñas, E. B.
Lerum, E. R.	Uka, L. L.
Regalado, F. D.	Villacorta, W. V.
De los Reyes, R. F.	Villegas, B. M.

With 40 Members present, the Chair declared the presence of a quorum.   

The following Members appeared after the Roll Call:

Abubakar, Y. R.	Natividad, T. C.
Alonto, A. D.	Nolledo, J. N.
Garcia, E. G.	Ople, B. F.
Guingona, S. V. C.	Padilla, A. B.

READING AND APPROVAL OF THE JOURNAL

On motion of Mr. Rama, there being no objection, the reading of the Journal of the previous session was dispensed with and the said Journal was approved by the Body.

AMENDMENT TO JOURNAL NO. 2 OF TUESDAY, JUNE 3, 1986

On motion of Mr. Tingson, there being no objection, the Body approved an amendment to Journal No. 2 of Tuesday, June 3, 1986 to include therein the full text of the Prayer said for the session on that day.

Thereupon, the Body approved said Journal, as amended.

REFERENCE OF BUSINESS

On motion of Mr. Rama and there being no objection, the Body proceeded to the Reference of Business.

REFERRAL TO COMMITTEES OF RESOLUTIONS

Upon direction of the Chair, the Secretary-General read on First Reading, the titles of the following proposed Resolutions which were, in turn, referred by the Chair to the Committee hereunder indicated:

Proposed Resolution No. 35, entitled:

RESOLUTION PROVIDING FOR SIGNIFICANT MULTI-SECTORAL REPRESENTATION IN THE NATIONAL LEGISLATURE

Introduced by Honorable Villacorta

TO THE COMMITTEE ON THE LEGISLATIVE

Proposed Resolution No. 36, entitled:

RESOLUTION TO FORM AN AD HOC COMMITTEE ON FUNDAMENTAL VALUES

Introduced by Honorable Azcuna

TO THE STEERING COMMITTEE

Proposed Resolution No. 37, entitled:

RESOLUTION PROPOSING GENUINE AND BROADER LAND REFORM POLICIES AND FOR THE INCORPORATION IN THE NEW CONSTITUTION OF A SEPARATE ARTICLE ON LAND REFORM

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE NATIONAL ECONOMY AND PATRIMONY

Proposed Resolution No. 38, entitled:

RESOLUTION TO INCLUDE ANOTHER PROVISION IN THE RULES

Introduced by Honorable Suarez, Tadeo, Jamir and Villegas

TO THE STEERING COMMITTEE

Proposed Resolution No. 39, entitled:

RESOLUTION PROVIDING FOR THE APPOINTMENT BY THE PRESIDENT OF THE PHILIPPINES OF THE MEMBERS OF SUPREME COURT SOLELY UPON THE RECOMMENDATION OF THE INTEGRATED BAR OF THE PHILIPPINES, AND THE MEMBERS OF THE INFERIOR COURTS SOLELY UPON THE RECOMMENDATION OF THE SUPREME COURT

Introduced by Honorable Colayco

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 40, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION REQUIRING THE GOVERNMENT TO COMPENSATE VICTIMS OF TORTURE OR SIMILAR PRACTICES AND THEIR FAMILIES FOR THE PHYSICAL AND PSYCHOLOGICAL INJURIES INFLICTED UPON THEM, WHICH COMPENSATION SHALL LATER BE COLLECTED FROM THOSE GUILTY OF SUCH PRACTICES

Introduced by Honorable Sarmiento

TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS

Proposed Resolution No. 41, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION ENSURING THAT THE RIGHT OF THE PEOPLE FREELY AND DIRECTLY TO PARTICIPATE AT ALL LEVELS OF DECISION MAKING IS RESPECTED AND PROMOTED AND THAT THE FORMATION AND AUTONOMY OF GRASSROOTS ORGANIZATIONS AND AUTHENTIC POPULAR MOVEMENTS, WHETHER: REGIONAL OR NATIONAL, ARE SECURED AND RECOGNIZED   

Introduced by Honorable Sarmiento

TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY, AND DECLARATION OF PRINCIPLES

Proposed Resolution No. 42, entitled: .

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION REQUIRING THE GOVERNMENT TO RESPECT THE RIGHTS OF ALL WORKERS AND EMPLOYEES, UNDER ANY AND ALL CIRCUMSTANCES, TO FREE ASSOCIATION AND COLLECTIVE BARGAINING AND TO ENGAGE IN CONCERTED ACTIVITIES FOR THEIR MUTUAL AID AND PROTECTION

Introduced by Honorable Sarmiento

TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY, AND DECLARATION OF PRINCIPLES

Proposed Resolution No. 43, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION GIVING ADEQUATE SUPPORT TO A FAMILY THAT SUFFERS DEPRIVATION BY REASON OF THE DEATH, PHYSICAL DISABILITY, DETENTION OR IMPRISONMENT OF THE SOLE BREAD-WINNERS OR THE INABILITY OF THE LATTER TO FIND EMPLOYMENT DESPITE EARNEST EFFORTS

Introduced by Honorable Sarmiento

TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY, AND DECLARATION OF PRINCIPLES

Proposed Resolution No. 44, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION ENSURING TO HOUSEHOLD HELPERS AND DOMESTICS THE ENJOYMENT OF THE SAME RIGHTS AND BENEFITS RECEIVED BY INDUSTRIAL WORKERS

Introduced by Honorable Sarmiento

TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY, AND DECLARATION OF PRINCIPLES

Proposed Resolution No. 45, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION REQUIRING THE GOVERNMENT TO PROVIDE REDRESS AND PAYMENT OF COMPENSATION FOR DAMAGES TO ANY PERSON FOR ACTS COMMITTED DURING THE DECLARATION OF STATE OF EMERGENCY

Introduced by Honorable Sarmiento

TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS

MOTION
Motion No. 2 — Constitutional Commission of 1986

AN URGENT MOTION TO AUTHORIZE THE PRESIDENT OF THE CONSTITUTIONAL COMMISSION TO CREATE A SPECIAL COMMITTEE ON PUBLIC RELATIONS

Presented by Honorable Davide, Jr.

TO THE STEERING COMMITTEE

UNFINISHED BUSINESS

On motion of Mr. Rama, there being no objection, the Body proceeded to the Unfinished Business, which was the continuation of the free-wheeling discussion on the form of government.

Thereafter, on motions made, the Chair recognized the Members for their respective turn on the floor.

COMMENTS OF MR. VILLEGAS

Commenting on the issues brought up, specifically on measures to achieve economic equality, Mr. Villegas expressed preference for "equity" instead of the word "equality" because any attempt to equalize income and wealth will always result in equalized poverty.    

He pointed out that in the last 30 years, outstanding examples of Southeast Asian countries such as Taiwan, South Korea, Singapore, Malaysia and Thailand have attained a certain degree of income equity and wealth distribution which may serve as lessons for the Philippines for at least the next 25 to 30 years. He said that although these countries may differ in cultures and political institutions, they share common traits as regards economic dimensions, namely, 1) the strong political will of their governments to exercise a preferential option for the poor so that those who have less in life may have more in law, and 2) respect for private enterprise so that individuals or groups may perform competently without fear of state takeover. He cited China's recognition of private enterprise which led to tremendous economic gains.

On the matter of multi-sectoral representation, Mr. Villegas manifested that although he does not have strong objections to it, he has some reservations on the institution of a tinge of class distinctions in the Constitution.

COMMENTS OF MR. GARCIA

On the mechanisms of consultations and public hearings, Mr. Garcia invited attention to his proposed Resolution outlining the mechanism for consultation which the Body may adopt in the conduct of public hearings aimed at involving the people as coauthors of the Constitution thereby ensuring its wide acceptance.

He proposed that the Constitution should be biased in favor of the poor who compose the majority of the people.

Recapitulating the features of an ideal Constitution on the basis of previous discussions, Mr. Garcia stated them, to wit: 1) the powers of the government must be limited; 2) the people's rights must be guaranteed; 3) economic equality must be encouraged; 4) there must be participation of the people; and 5) sectoral organizations must be recognized.

On the framing of a new Constitution, Mr. Garcia stressed the need to re-imagine or re-invent models that would be distinctly applicable to Philippine conditions and to meet the Filipino's basic needs, protect his freedom and ensure equality.

Finally, he advocated for a form of government that is truly representative and responsive, pluralist and popular. He stated that he is in favor of a modified parliamentary system because of its flexibility and also of decentralization where relative autonomy is exercised by the different regions in the country. In terms of government representation, he stated that there must be regional and sectoral representations.

INTERPELLATION OF MR. NOLLEDO

In reply to Mr. Nolledo's query on the nature of the public hearing he is proposing, Mr. Garcia stated that it should be conducted on a nationwide basis by using the existing network of civic organizations such as the NAMFREL in order to achieve greatest impact and people participation.

In reply to Mr. Nolledo's query on the need for Members to have some working knowledge of the forms of government so that they could decide on a good choice, Mr. Garcia stated that what is more essential is to look into the substance by getting the people's consensus through public hearings to ensure the establishment of a government that is democratic, responsive, representative and accountable.

MR. TINGSON'S REJOINDER

By way of a rejoinder, Mr. Tingson stated that his suggestion was for the Members to use their weekends for dialogues with the people of their respective districts and hometowns.

He also suggested a one-page advertisement in newspapers inviting the public to come and expound on their views and that letter-communications from them be exempt from postage.    

In reply, Mr. Garcia urged that the Members not only go to their respective hometowns but from province to province to feel the public pulse.

MOTION OF MR. DAVIDE

At this juncture, Mr. Davide moved that Mr. Garcia be requested to submit to the Commission copies of the report on the public hearings already conducted by his group.

Mr. Garcia stated that he had prepared mimeographed copies of the report for distribution to the Members.

Mr. Monsod stated that the trip to the provinces on weekends is well within the plan. He enjoined the Body to organize the effort and suggested that Mr. Garcia's report be discussed during the caucus.

Mr. Davide agreed to the suggestion.

MOTION OF MR. RAMA

Mr. Rama moved that the President of the Commission issue a formal invitation to the public to submit to the Commission their proposals in writing which shall be considered during the deliberations.

Mr. Davide amended Mr. Rama's motion by suggesting that the task be done by the Secretary-General upon authority of the President of the Commission, which amendment was accepted by Mr. Rama, and there being no objection, the motion was approved by the body.

REMARKS OF MR. CALDERON

Adverting to Mr. Padilla's remarks in the previous session, Mr. Calderon stated that as a member of the 1971 Constitutional Convention, he was a witness to a political estafa brought about by a mysterious change of heart by a majority of the delegates from the then prevailing view for a presidential to a parliamentary form of government, which was a travesty of the intention of the Filipino people.

He recommended the adoption of a presidential form of government.

REMARKS OF MR. GUINGONA

Mr. Guingona stated that in anticipation of a resolution that he would file, he had proposed to add an Article on Human Resources to include provisions on the promotion of scientific research and invention, patronage of arts and letters, conservation and development of national culture for national consciousness and sense of identity, protection of works of arts, development of national language, right to inventions, writings and artistic creations, scholarships, grants-in-aid, and other forms of incentives for specially gifted citizens, promotion of customs, traditions, beliefs of the various cult communities in the country and other related matters.

He underscored the fact that the principal component of the said Article would be the provisions on education which formed part of the 1935 and 1973 Constitutions under the General Provisions and deplored its relegation to such broadly defined article.

He stressed that education is an effective social instrument in achieving the nation's goals, particularly in molding the character of the citizenry in order to bring about a much-desired moral regeneration.

Adverting to the articles on natural resources in the 1935 and 1973 Constitutions, Mr. Guingona stated that human resources are just as vital, if not more vital.

Thereupon, Mr. Guingona reiterated his proposal to the Chairman and to the Members of the Committee on Rules to consider the addition of an article in the draft Constitution to be entitled "Human Resources" .

ADJOURNMENT OF SESSION

On motion of Mr. Rama and there being no objection, the Chair declared the session adjourned until nine o'clock in the morning of Friday, June 6, 1986.

It was 4:12 p.m.

I hereby certify to the correctness of the foregoing.

(SGD.) FLERIDA RUTH P. ROMERO
Secretary-General

ATTESTED:

(SGD.) CECILIA MUÑOZ PALMA
              President

Approved on June 6, 1986