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[ VOL. I, June 06, 1986 ]

JOURNAL NO. 5

Friday, June 6, 1986

CALL TO ORDER

At 9:16 a.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 sung followed by a prayer led by Mr. Joaquin G. Bernas, to wit:

Almighty Father, enlighten our minds, teach our hearts to love, and strengthen our wills to do what is right. We place ourselves into Your hands because we know that without You, we can accomplish nothing.

Amen.

ROLL CALL

Upon direction of the Chair, the Secretary-General of the Commission called the Roll, to which the following Members responded:     
Abubakar, Y. R. Nieva, M. T. F.
Aquino, F. S. Nolledo, J. N.
Azcuna, A. S. Padilla, A. B.
Bennagen, P. L. Muñoz Palma, C.
Bernas, J. G. Rama, N. G.
Rosario Braid, F. Regalado, F. D.
Brocka, L. O. Rigos, C. A.
Calderon, J. D. Rodrigo, F. A.
De Castro, C. M. Romulo, R. J.
Colayco, J. C. Rosales, D. R.
Concepcion, R. R. Sarmiento, R. V.
Davide, H. G. Suarez, J. E.
Garcia, E. G. Tadeo, J. S. L.
Gascon, J. L. M.C. Tan, C.
Guingona, S. V. C. Tingson, G. J.
Maambong, R. E. Treñas, E. B.
Monsod, C. S. Uka, L. L.
Natividad, T. C. Villegas, B. M.
With 36 Members present, the Chair declared the presence of a quorum.

The following Members appeared after the Roll Call: 
Bacani, T. C. Foz, V. B.
Bengzon, J. F. S. Jamir, A. M. K.
Laurel, J. B. . De los Reyes, R. F.
Lerum, E. R.Sumulong, L. M.
Ople, B. F.Villacorta, W. V
Quesada, M. L. M. 
        Mr. Alonto was absent.

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 THE JOURNAL OF JUNE 3, 1986
The full text of the prayer by Mr. Gregorio J. Tingson for the session of June 3, 1986 is as follows:

Our Omnipotent and loving Heavenly Father, we are faced with an awesome task of writing a fundamental law for our country, so destitute, so deprived and so discouraged. We confess that we, who have been mandated to accomplish this work, are so weak and devoid of knowledge and understanding.

Help us, we beseech Thee, to understand the real needs of our people; that perhaps we do not need more material opulence but spiritual fulfillment; more compassion for the weak and the poor among us, and to realize that righteousness exalts the nation but sin is a reproach to any people.

Thank you, dear Lord, for giving us this enviable honor and privilege to be participants and not mere passive spectators in building through this Constitution a Philippines honored by man, blessed by God, and a great hope for generations to come.

This is our heartfelt praise and petition through the matchless name of Jesus Christ, our Lord.    

Amen.
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 Committees hereunder indicated: 

Proposed Resolution No. 46, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION PROVISIONS AFFECTING THE NATIONAL ECONOMY AND CREATING A SOCIO-ECONOMIC PLANNING AND DEVELOPMENT COMMISSION

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON. NATIONAL ECONOMY AND PATRIMONY
Proposed Resolution No. 47, entitled:
RESOLUTION PROVIDING THE POLICIES ON THE CONSERVATION AND DEVELOPMENT OF THE NATIONAL PATRIMONY AND SEEKING TO INCORPORATE IN THE NEW CONSTITUTION A SEPARATE ARTICLE ON THE NATIONAL PATRIMONY

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON NATIONAL ECONOMY AND PATRIMONY
Proposed Resolution No. 48, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION THAT THE GOVERNMENT SHALL REFRAIN FROM ENGAGING IN OR AUTHORIZING TORTURE, OTHER CRUEL AND DEGRADING TREATMENT OR PUNISHMENT, UNEXPLAINED DISAPPEARANCE AND EXTRA-LEGAL EXECUTION, AND TO TAKE STEPS TO ELIMINATE SUCH PRACTICES BY OTHERS

Introduced by Honorable Sarmiento

TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS
Proposed Resolution No. 49, entitled:
RESOLUTION PROVIDING THAT EMPLOYEES OF ANY MEDIA CORPORATIONS OR ASSOCIATIONS SHALL ENJOY THE RIGHT TO BE PART-OWNERS THEREOF OR TO PURCHASE SHARES OF STOCKS THEREIN

Introduced by Honorable Foz

TO THE COMMITTEE ON GENERAL PROVISIONS
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.

REMARKS OF MR. ABUBAKAR

Mr. Abubakar manifested that, on account of his absence from the floor when the Borneo claim was discussed in the previous session, he was unable to enter into the record his position thereon.

Thereupon, stating his stand thereon as well as the sentiment of the people of Sulu, he congratulated his colleagues for their decision not to include provisions on the Borneo claim in the Constitution.

Mr. Abubakar maintained that the claim over the territories in question pertains to the rightful owners and to the people of Sulu, as evidenced by the continued exercise of jurisdiction over them by the Sultan of Sulu from the Spanish time up to the coming of the Americans and by the uninterrupted travel and communication between the people of Southern Sulu and Borneo even without benefit of visa.

COMMENTS OF MR. RODRIGO

Thereupon, Mr. Rodrigo clarified that the Commission did not vote on the issue of Sabah in the previous session and that the newspaper reports could have been based on interviews of individual Members of the Commission.

MOTION OF MR. GUINGONA

Adverting to Mr. Garcia’s previous manifestation relative to the public hearings on Constitutional proposals to be conducted by the various organizations, Mr. Guingona moved that the Commission, through its President, solicit the assistance and cooperation of prestigious civic, professional, religious and other organizations which have not yet conducted similar public hearings, and request those with nationwide network to appeal to their local units to do the same and to submit their reports to the Commission by the end of June 1986, in addition to the materials that may be obtained by the Ad Hoc Committee on Public Hearings.

At this juncture, the Chair adverted to Mr. Monsod's earlier motion on the matter of public hearings, consideration of which was deferred.

Upon suggestion of the Chair, Mr. Guingona, in turn, agreed to a deferment of consideration of his motion to such time when the Body takes up the subject of public hearings.

MOTION OF MR. TINGSON

In connection with Mr. Guingona's proposal, Mr. Tingson stated that in due time he would also propose that franking privileges be extended to people who might wish to send letters or communications to the Commission.

ADJOURNMENT OF SESSION

At this Juncture, Mr. Rama moved for adjournment until three o'clock in the afternoon of Monday, June 9, 1986 and, in the meanwhile, for the Body to meet in caucus to consider the proposed Rules of the Commission.

There being no objection, the Chair declared the session adjourned until three o'clock in the afternoon of Monday, June 9, 1986.

It was 9:34 a.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 9, 1986
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