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CALL TO ORDER

At 2:30 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 sung followed by a prayer led by Mr. Jose F.S. Bengzon, Jr., to wit:

God Our Father, Jesus Our Brother, Mary Our Mother and the Holy Spirit, our guide and shining light, enlighten us.

O Holy Spirit, permeate our minds, our whole being; envelop us with Your bright, white, shining light, that we may do what is right for our country and for our people.

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.
Alonto, A. D	Nolledo, J. N.
Azcuna, A. S.	Padilla, A. B.
Bacani, T. C.	Muñoz Palma, C.
Bengzon, J. F. S.	Quesada, M. L. M.
Bennagen, P. L.	Rama, N. G.
Bernas, J. G.	Regalado, F. D.
Rosario Braid, F.	De los Reyes, R. F.
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.
Foz, V. B.	Sumulong, L. M.
Garcia, E. G.	Tadeo, J. S. L.
Gascon, J. L. M. C.	Tan, C.
Guingona, S. V. C.	Tingson, G. J.
Jamir, A. M. K.	Treñas, E. B.
Laurel, J. B.	Uka, L. L.
Maambong, R. E.	Villacorta, W. V.
Monsod, C. S.	Villegas, B. M.

With 44 Members present, the Chair declared the presence of a quorum.

The following Members appeared after the Roll Call: 

Aquino, F. S.	Natividad, T. C.
Lerum, E. R.	Ople, B. F.

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.

REFERENCE OF BUSINESS

On motion of Mr. Rama, 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. 53, entitled:

RESOLUTION PROPOSING A CONSULTATION MECHANISM AND PROCESS FOR THE CONSTITUTIONAL COMMISSION

Introduced by Honorable Garcia, Gascon, Bernas, Nieva, Rosario Braid, Aquino, Villacorta, Quesada, Brocka, Tadeo, Rigos, Bengzon, Jr. and Sarmiento

TO THE AD HOC PLANNING COMMITTEE ON PUBLIC HEARINGS

Proposed Resolution No. 54, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION REQUIRING ELECTIVE OFFICIALS TO SERVE THE FULL TERM OF OFFICE FOR WHICH THEY WERE ELECTED AND PROHIBITING THEM TO SEEK IMMEDIATE REELECTION FOR SAID OFFICE OR TO BE APPOINTED TO ANY OTHER OFFICE DURING SUCH TERM AND WITHIN TWO YEARS FOLLOWING THE EXPIRATION THEREOF, AND, FURTHER, PROHIBITING WITHIN THE SAME PERIOD THE SPOUSE AND/ OR RELATIVES BY CONSANGUINITY OR AFFINITY WITHIN THE THIRD CIVIL DEGREE OF SUCH ELECTIVE OFFICIAL TO SEEK ELECTION FOR THE OFFICE TO BE VACATED BY THE LATTER OR TO BE APPOINTED IN ANY MANNER TO ANY OFFICE EXCEPT TO AN OFFICE FOR WHICH HE HAS THE APPROPRIATE CIVIL SERVICE ELIGIBILITY AND IS QUALIFIED AND COMPETENT

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 55, entitled:

RESOLUTION PROVIDING FURTHER LIMITATIONS ON THE POWER OF THE PRESIDENT TO GRANT PARDONS

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 56, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION PROHIBITING THE PRESIDENT FROM EXTENDING APPOINTMENTS WITHIN SIX MONTHS IMMEDIATELY PRECEDING THE COMMENCEMENT OF THE TERM OF THE NEW PRESIDENT

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 57, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION WHICH REQUIRES POLITICAL PARTIES TO CONFORM THEIR INTERNAL ORGANIZATION TO DEMOCRATIC PRINCIPLES AND TO PUBLICLY ACCOUNT FOR THE SOURCES OF THEIR FUNDS

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 58, entitled:

RESOLUTION TO BROADEN THE SCOPE OF THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE BY PROHIBITING THE PASSAGE OF ANY LAW WHICH ESTABLISHES PRESUMPTION OF THE EXISTENCE OF PRIMA FACIE EVIDENCE

Introduced by Honorable Davide, Jr.

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

Proposed Resolution No. 59, entitled:

RESOLUTION RESTRICTING FOREIGN BORROWINGS OR LOANS

Introduced by Honorable De Castro

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 60, entitled:

RESOLUTION FOR THE ADOPTION OF A PROVISION IN THE PROPOSED CONSTITUTION OF THE PHILIPPINES PROHIBITING "BLOC VOTING" IN ALL ELECTORAL EXERCISES

Introduced by Honorable Jamir, Suarez, Tadeo and Azcuna

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 61, entitled:

RESOLUTION PROVIDING UNDER THE ARTICLE ON ACCOUNTABILITY OF PUBLIC OFFICERS THAT THE RIGHT OF THE GOVERNMENT TO PROSECUTE GOVERNMENT OFFICIALS FOR OFFENSES RELATED TO PUBLIC OFFICE AND THE RIGHT OF THE STATE TO FORFEIT ILL-GOTTEN WEALTH BY SUCH OFFICIALS, WHOSOEVER MAY BE IN POSSESSION THEREOF, SHALL NOT PRESCRIBE

Introduced by Honorable Nolledo

TO THE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS

Proposed Resolution No. 62, entitled:

RESOLUTION TO PROVIDE IN THE NEW CONSTITUTION THAT SERIOUS ELECTION OFFENSES, AS DEFINED BY LAW, SHALL BE PUNISHABLE BY DEATH

Introduced by Honorable Nolledo

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 63, entitled:

RESOLUTION TO PROHIBIT SALE OR TRANSFER OF OWNERSHIP OF PUBLIC LANDS TO ANY PERSON, WHETHER NATURAL OR JURIDICAL AND TO PROVIDE THAT SAID LANDS SHALL BE AVAILABLE ONLY FOR LEASE OR CONCESSION

Introduced by Honorable Nolledo

TO THE COMMITTEE ON NATIONAL ECONOMY AND PATRIMONY

Proposed Resolution No. 64, entitled:

RESOLUTION TO INCORPORATE IN THE DECLARATION OF PRINCIPLES OF THE NEW CONSTITUTION A PROVISION AGAINST POLITICAL DYNASTIES

Introduced by Honorable Nolledo

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

Proposed Resolution No. 65, entitled:

RESOLUTION TO INCLUDE IN THE BILL OF RIGHTS OF THE NEW CONSTITUTION A PROVISION THAT NO LAW SHALL BE PASSED ABRIDGING THE RIGHT OF PEACE-LOVING CITIZENS TO BEAR ARMS

Introduced by Honorable Nolledo

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

Proposed Resolution No. 66, entitled:

RESOLUTION TO INSERT IN THE TRANSITORY PROVISION OF THE NEW CONSTITUTION THAT THE PROVISIONS THAT THE RIGHT OF THE STATE TO PROSECUTE ERRING PUBLIC OFFICIALS AND TO FORFEIT THEIR ILL-GOTTEN WEALTH SHALL NOT PRESCRIBE BE MADE RETROACTIVE  

Introduced by Honorable Nolledo

TO THE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS

Proposed Resolution No. 67, entitled:

RESOLUTION TO DELETE FROM THE NEW CONSTITUTION THE PROVISIONS GRANTING THE PRESIDENTIAL IMMUNITY FROM SUITS AND TO PROVIDE IN THE TRANSITORY PROVISIONS THAT SUCH DELETION BE MADE RETROACTIVE

Introduced by Honorable Nolledo

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 68, entitled:

RESOLUTION AMENDING SECTION 10, ARTICLE XII (C) OF THE 1973 CONSTITUTION, AS AMENDED

Introduced by Honorable Foz

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 70, entitled:

RESOLUTION TO INCORPORATE IN THE CONSTITUTION THE PROVISION ON THE SEPARATION OF CHURCH AND STATE

Introduced by Honorable Tingson and Rigos

TO THE COMMITTEE ON GENERAL PROVISIONS

Proposed Resolution No. 71, entitled:

RESOLUTION TO PROVIDE IN THE CONSTITUTION OF 1986 THAT FILIPINO CULTURE, ARTS AND LETTERS SHALL BE PRESERVED, ENCOURAGED AND DEVELOPED WITHOUT ANY POLITICAL INTERFERENCE, RESTRICTIONS AND CONTROL

Introduced by Honorable Brocka and Villacorta

TO THE COMMITTEE ON HUMAN RESOURCES

MANIFESTATION OF MR. MONSOD

At this juncture, Mr. Monsod manifested that he is a coauthor of Proposed Resolution No. 53.

COMMITTEE REPORT

RESOLUTION PROPOSING TO ADOPT A PREAMBLE TO THE CONSTITUTION,

recommending its approval with amendments and in consolidation with Proposed Resolution Nos. 2, 24 and 73.

Sponsors: Hon. Rosales and Tingson

TO THE STEERING COMMITTEE

CHANGE OF REFERRAL OF PROPOSED RESOLUTIONS

On motion of Mr. Bengzon, there being no objection, the Body approved the change of referral of the following proposed Resolutions to the Committees indicated hereunder:


REMARKS OF MR. GUINGONA

Mr. Guingona presented to the President and the Members of the Constitutional Commission for possible use as reference material, a draft constitution prepared by some delegates of the 1971 Constitutional Convention, by reading into the record two paragraphs of the transmittal letter signed by Mr. Diosdado Macapagal and the other officers of the Convention which the President accepted and thereafter directed the Secretary-General to prepare copies to be distributed to the Members of the Commission.

REMARKS OF MR. CALDERON

Upon recognition by the Chair, Mr. Calderon took the floor relative to a suggestion of a lady reporter that the Commission change its schedule of the plenary sessions from afternoon to morning sessions in order to beat newspaper deadlines. While the request seemed simple, he stated that the reasons advanced deserve serious consideration. He pointed out several inconveniences experienced by members of the media which resulted in writing about the bare essentials of what transpired during plenary sessions.   

Mr. Calderon underscored the national significance of the task entrusted to the Commission which necessitates a detailed coverage of its work and proceedings so that the biggest number of people would be fully informed and could initiate the widest degree of participation from them.

In this connection, Mr. Calderon stated that such inconveniences could be remedied to make it easier for media to perform its task of information dissemination. He stressed that the Commission would only reverse its current schedule by holding plenary sessions in the morning and public hearings in the afternoon, so that the CONCOM reporters would know exactly what their story for the day would be. In view thereof, he requested that this suggestion from media be commended to the Body in order that a consensus could be arrived at and a decision made regarding it.

SUSPENSION OF SESSION

The Chair suspended the session.

It was 3:49 p.m.

RESUMPTION OF SESSION

At 3:56 p.m., the session was resumed.

MOTION OF MR. SARMIENTO, AS AMENDED

On motion of Mr. Sarmiento, as amended by Messrs. Calderon, Davide and Guingona, there being no objection, the Body deferred consideration of the suggestion of Mr. Calderon and approved the creation of an Ad Hoc Committee to study the feasibility of changing the time and venue of the sessions of the Constitutional Commission and to submit its report not later than June 16, 1986.

Pursuant to the motion, the Chair appointed Messrs. Romulo, Bengzon, Rama, Calderon and Jamir to constitute the Ad Hoc Committee just created.

CALENDARING OF COMMITTEE REPORT NO. 1

On motion of Mr. Rama, there being no objection, the Body approved the inclusion in the Calendar of Business for the day's session of Committee Report No. 1 on Proposed Resolution No. 72, as reported out by the Committee on Preamble, National Territory and Declaration of Principles, entitled:

Resolution proposing to adopt a preamble to the Constitution.

CONSIDERATION OF COMMITTEE REPORT NO. 1 ON PROPOSED RESOLUTION NO. 72

On motion of Mr. Rama, there being no objection, the Body considered on Second Reading, Committee Report No. 1 on Resolution No. 72, as reported out by the Committee on Preamble, National Territory and Declaration of Principles, entitled:


Upon direction of the Chair, the Secretary-General read the text of Proposed Resolution No. 7, to wit:

Resolution proposing to adopt a preamble to the Constitution

WHEREAS, it is essential to identify the power that shall ordain and promulgate the Constitution;

WHEREAS, it is necessary for any nation constitution at the outset to enunciate the great national purposes and aims for which reason it is adopting a constitution to establish a government;

WHEREAS, by reason of the intense religious nature of the Filipino people, it is but fitting and proper that they should invoke Divine Providence, to utter a collective prayer, before essaying in a constitution the provisions of a government they are establishing: Now, therefor, be it

Resolved by this Constitutional Commission in session assembled

That the following be adopted to serve as the Preamble to the Constitution of the Republic of the Philippines:

"WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF DIVINE PROVIDENCE, IN ORDER TO ESTABLISH A GOVERNMENT THAT SHALL EMBODY OUR IDEALS, PROMOTE THE GENERAL WELFARE, CONSERVE AND DEVELOP THE PATRIMONY OF OUR NATION, AND SECURE TO OURSELVES AND OUR POSTERITY THE BLESSINGS OF DEMOCRACY UNDER A REGIME OF JUSTICE, PEACE, LIBERTY, AND EQUALITY, DO ORDAIN AND PROMULGATE THIS CONSTITUTION."

SUSPENSION OF SESSION

At this juncture, the session was suspended.

It was 4:03 p.m.

RESUMPTION OF SESSION

At 4:21 p.m., the session was resumed.

PERIOD OF SPONSORSHIP

Upon resumption of session, on request of Mr. Rama, the Chair recognized Mr. Rosales, Chairman of the Committee on Preamble, National Territory and Declaration of Principles, who submitted the draft of the proposed Preamble for consideration by the Body.

At this juncture, Mr. Davide requested that the Sponsor use the microphone in front of the rostrum facing the Members.   

Mr. Rosales then yielded the floor to Mr. Tingson, who in turn, requested Mrs. Rosario Braid to read the text of the proposed Preamble, to wit:

“We, the sovereign Filipino people, imploring the guidance of Divine Providence, to establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and enhance our patrimony, and secure to ourselves and our posterity the blessings of participatory democracy under a rule of justice, peace, freedom, and equality, do ordain and promulgate this Constitution.”

Mr. Tingson thereafter sponsored the Resolution. He recalled that in 1899, the Filipino people adopted the Malolos Constitution with a Preamble that read as follows:

“We, the Representatives of the Filipino people, lawfully convened in order to establish justice, provide for common defense, promote the general welfare and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed and sanctioned the following:”

Likewise, he cited the Preamble of the 1935 Constitution, to wit:

“The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty and democracy, do ordain and promulgate this Constitution.”

Mr. Tingson stated that as a member of the Committee which drafted the Preamble of the 1971 Constitution, said Committee took three weeks to formulate the Preamble and, as approved it did not differ much from that of the 1935 Constitution. He stressed that although it took the present Committee of the Commission only three hours to decide on the proposed Preamble, it was not done hastily but a rather good and commendable draft was arrived at.

Mr. Tingson also adverted to proposed Resolution No. 72, in consolidation with Resolution Nos. 2, 24, and 73 as the working draft on which the Preamble would be based, pointing out that the proposal consists only of 58 words compared to the 60 words of the 1973 Constitution.

On the phrase "common good", he explained that it embraces subjects as health, education, employment, shelter, economic needs, food and other priority interests of the people. He added that "participatory democracy" includes the recent peaceful revolution and prayer power that generated people power.

Finally, he urged the Body to approve the measure.

PROPOSAL OF MR. DE CASTRO

On Mr. de Castro's proposal to insert the word "truth" between the words "freedom," and "and" in the Preamble, Mr. Tingson stated that the same would be considered during the period of amendments.

INTERPELLATION OF MS. AQUINO

Ms. Aquino prefaced her interpellation by stating that she was not informed of the Committee meeting in which the proposed Preamble was considered by the Committee. She stated that she would have objected to the early determination of the text thereof, on the ground that the Preamble is the distillation of the feelings and aspirations of the people and that no public hearing was conducted to find out these feelings and aspirations.

In reply thereto, Mr. Tingson explained that the Committee was mandated by the leadership of the Commission to meet and come up with a Committee report on the proposed Preamble, and that other Committees could align their proposals for other provisions of the Constitution to the goals and general purposes set forth therein.

While conceding to the requirements of urgency, Ms. Aquino maintained that the substance of democracy could not be sacrificed in favor of expediency.

OBSERVATIONS OF MR. ABUBAKAR

Mr. Abubakar observed that the Preamble embodies the expectations of the people but like a prayer, it must contain supplications to the Almighty, written in the best language so that future generations would find beauty in reciting it.

Commenting on the original and the amended proposed Preamble, Mr. Abubakar opined that the phrase "general welfare" does not only sound better than "common good" but that the former is all-embracing, in the same manner that the qualification of democracy by the word "participatory", would limit its meaning.

At this juncture, Mr. Tingson yielded the floor to Mr. Villegas who proposed the phrase "common good".

In response to Mr. Abubakar's observations, Mr. Villegas explained that the phrase "common good" was arrived at after two years of consultation and public hearings, which phrase refers to a social order that enables every citizen to attain his fullest development, economically, politically, culturally and spiritually; guarantees that mob rule would not prevail, and that the majority would not persecute the minority.

On the word "participatory" to qualify "democracy", Mrs. Rosario Braid stated that it would instill in the people their right to actively participate in a dynamic society, hence, aptly describing people power.

MOTION OF MR. GARCIA FOR DEFERMENT OF CONSIDERATION OF PROPOSED PREAMBLE

At this juncture, Mr. Garcia moved for a deferment of consideration of the proposed Preamble because, as an introduction to the fundamental law, its importance should not be underestimated and it could not be written unless the substantive provisions of the Constitution have been formulated after extensive public hearings and debates.

OBSERVATION OF MR. TINGSON

Mr. Tingson observed that while political scientists and legal minds do not strictly consider the Preamble as an integral part of the Constitution but merely as a prayer, it actually embodies in general terms, the goals, purposes and petitions of the people before the Almighty on what they want to have for the country.

INQUIRY OF MR. DAVIDE

On Mr. Davide's query on the status of Mr. Garcia's motion, Mr. Bernas stated that he seconded said motion. Whereupon, Mr. Davide interposed his objection to the motion on the ground that in the previous session, the Body had approved Mr. Padilla's urgent motion to consider the proposed Preamble in the day's session. He pointed out that the motion to defer was in fact a motion for the reconsideration of Mr. Padilla's motion.

INQUIRY OF MR. SUAREZ

On Mr. Suarez' query whether the Body could proceed with the discussions of the proposed Preamble on a preliminary basis without prejudice to the submission of supplementary resolutions after the public hearings have been conducted, Mr. Garcia stated that the Preamble need not be the first thing that the Body should tackle simply because it is he first part of the Constitution. He added that just like writing a book, the Body should begin with the substantial ideas and after the draft have been formulated, it could go back to the introduction in order to give it the spirit and the beginning that it deserves.

INQUIRY OF MR. NOLLEDO

In reply to Mr. Nolledo's query on the premise that by approving the Preamble, the Body would have directions to follow in considering the various proposals submitted to the Commission, Mr. Garcia stated that the Committee should not arrogate upon itself these directions until such time that serious discussions, consultations and debates shall have taken place.

On whether the phraseology of the proposed Preamble is broad enough to cover practically any thing, Mr. Garcia stated that he is against it precisely because it is too broad and does not state in far stronger terms the objectives of where the Filipinos would want to go as a people.

On Mr. Nolledo's contention that the Preamble is merely a decorative part of the Constitution, Mr. Garcia stressed that it, nevertheless, sets the tone of its contents.

On Mr. Nolledo's query whether Mr. Garcia has the impression that the substance of the Constitution is in its Preamble, the latter replied in the negative, but stressed that it sets the direction, and as such, it is important enough to be deferred until the Body would be ready for its formulation.

Mr. Nolledo observed that as between the spirit and the form, the Committee had provided the form for the Body to follow later on.

Mr. Garcia, however, maintained that the Body should first have the form before it could provide the spirit.

REMARKS OF MS. AQUINO

Ms. Aquino manifested her support for the views of Mr. Garcia and as a reaction to the position of Mr. Nolledo, stated that the Preamble, although not essentially a part of the Constitution, is a distillation of the people's collective spirit for whom it speaks. She stressed that the Body would have the opportunity to be in deep consultation and conference with the people to determine how and what they feel and that it is the Body's duty to listen to them before it speaks.

REMARKS OF MRS. ROSARIO BRAID

Mrs. Rosario Braid stated that the Committee had submitted a preliminary draft of the Preamble so that the Body would have a direction when it consults the people. She stressed that after the public hearings, the Committee would still be open to suggestions to improve the Preamble's phraseology of the final draft.

REQUEST FOR RECOGNITION BY MR. BACANI

At this juncture, Mr. Bacani sought recognition to interpellate Mr. Tingson, to which the Chair stated that the Body was still considering Mr. Garcia's motion to defer consideration of the proposed Preamble until after substantial ideas had been gathered to actually write it.    

SUSPENSION OF SESSION

At this juncture, the Chair suspended the session.

It was 5:05 p.m.

RESUMPTION OF SESSION

At 5:14 p.m., the session was resumed.

WITHDRAWAL OF MR. GARCIA'S MOTION

Upon resumption, Mr. Garcia withdrew his motion on the condition that a free-wheeling discussion on the proposed Preamble be made without any amendment or voting, to which Mr. Tingson agreed.

INTERPELLATION OF MR. BACANI

On Mr. Bacani's query regarding the use of the phrase "Divine Providence" rather than "Almighty God" and the logic in following the sequence of justice, peace, freedom and equality, Mr. Tingson stated that the matter would be left to the Committee on Style which may add finesse later.

On the use of the phrase "Divine Providence", Mr. Nolledo, to whom Mr. Tingson referred the query, stated that he had no objection to an amendment on the matter at the proper time.

INTERPELLATION OF MR. ROMULO

In reply to Mr. Romulo's query whether the Committee had considered the inclusion of human rights, or human dignity in the proposed Preamble, Mr. Tingson stated that the Committee had placed it under the category of the phrase "rule of justice, peace, freedom and equality". He added, however, that the Committee would consider an amendment for its inclusion at the proper time.

INTERPELLATION OF MR. GUINGONA

On the term "freedom", as suggested by Mrs. Rosario Braid, Mr. Nolledo stated that it is broad enough to include "freedom from want".

Mr. Guingona expressed agreement to the change of the word "liberty" to "freedom" since the latter is better understood and more acceptable to the Filipino people.

On the use of the term "patrimony", Mr. Tingson stated that it embraces not only natural resources but human resources as well.

SUGGESTION OF MR. VILLACORTA

Mr. Villacorta suggested that "freedom from want" be duly expressed in the Preamble since the past constitutions did not contain the same.

INTERPELLATION OF MR. ALONTO

In reply to Mr. Alonto's query on whether the phrase "imploring the aid of Divine Province" contradicted the phrase "sovereign Filipino People", Mr. Rigos, to whom Mr. Tingson yielded the floor, explained that the phrase precisely acknowledges the sovereignty of the Filipino people which rests upon the grace and guidance of God. Mr. Alonto then suggested that the Committee adopt the thoughts of the framers of the Malolos Constitution on the matter.

INTERPELLATION OF MR. SUAREZ

On the colonial vestiges of the Preamble of the 1935 Constitution, Mr. Tingson stated that a reading of it would not show such colonial influence. However, he agreed with Mr. Suarez that a major change was effected with reference to the substitution of the word "independence" to "democracy" in the 1973 Constitution.

On the possibility of adding more words after "justice, peace, freedom and equality", Mr. Tingson stated that the addition might make the Preamble inordinately long and that it may not jibe with the beauty of the document that the Commission is going to come up with.

Mr. Tingson agreed with Mr. Suarez that the Preamble should be warm and humanized because it deals with people particularly the masses.

On whether the Preamble could make the people closer to the constitution by its formulation, Mr. Tingson stressed that the Preamble being the collective prayer of the people, nothing could make a person closer to God and his fellowmen than to pray.

(At this juncture, the President of the Commission relinquished the Chair to the Vice-President, the Honorable Ambrosio B. Padilla)

INTERPELLATION OF MR. DE LOS REYES

In response to Mr. de los Reyes' query on the use of the term “enhance” instead of “develop”, Mrs. Quesada, to whom Mr. Tingson yielded the floor, explained that since the Philippines is a developing country, the word ‘enhance” is more fitting to express the country's development.

On the use of the term "participatory" to qualify "democracy", Mrs. Rosario Braid, to whom Mr. Tingson yielded the floor, clarified that the term connotes popular and active participation by the people.

Mr. de los Reyes, however, opined that the term would limit the essence of democracy.

On the words "Divine Providence", Mr. de los Reyes noted that the 1971 Constitutional Convention used "Divine Providence" instead of "Almighty God" as a compromise to the delegates who were atheists.

Mr. Tingson inquired if Mr. de los Reyes would prefer to use the term in the Preamble, to which the latter replied that he has no definite stand yet.

INTERPELLATION OF MR. CALDERON

On whether the Sponsor was aware that the term "participatory democracy" was first used by former President Marcos to justify the creation of barangays and to use it would perpetuate the words of the deposed leader, Mr. Tingson stated that there was no intention to do so.

INTERPELLATION OF MR. REGALADO

Mr. Regalado prefaced his interpellation by stating that the term “participatory democracy” was used in P.D. No. 1508 creating the barangays, and that the Committee changed the word “regime” to “rule” because the former was often used to refer to the past dispensation. He then inquired whether the Committee would use the phrase “participatory democracy”, to which, Mr. Tingson replied that the Committee would consider amendments on the matter at the proper time.

MANIFESTATION OF MR. RIGOS

At this juncture, Mr. Rigos manifested that he would submit in writing, a two-sentence draft of the proposed Preamble to the Committee for its consideration.

INTERPELLATION OF MR. MONSOD

On the suggestion to draft the proposed Preamble in Pilipino, Mr. Tingson stated that he had not done it himself, but it could be done by the other Committee members.  

Mr. Monsod then suggested that the Committee consider highlighting the dignity of the individual in drafting the proposal, to which Mr. Tingson stated that this would be included in the purview of the Preamble.

SUGGESTION OF MR. ABUBAKAR

At this juncture, Mr. Abubakar suggested the use of the original word "aid" instead of “guidance” as proposed by the Committee, as the term is stronger more positive and it does not limit what the people could implore from Divine Providence.

INTERPELLATION OF MR. OPLE

Mr. Ople prefaced his interpellation by stating that the Preamble had been thoroughly discussed and analyzed but what would really matter in the end would be the total impact or lack of it of the whole text.

On whether the Committee felt that the pro posed text is superior to previous Preambles in terms of total impact on the Filipinos, Mr. Tingson replied in the affirmative.

Mr. Ople disagreed with the proposition that the Preamble is not an integral part of the Constitution, because while it may not be used as a controlling rule in the development of jurisprudence, it adds to the perpetual growth of a dynamic Constitution.

He opined that there is nothing wrong with the use of certain concepts such as "people power" and "participatory democracy", in a manner that would not limit democracy, but the terms, however, would limit it. He opined that the right to revolt should be made part of the declaration of principles as a warning to future leaders who might abuse the Constitution.

He stated that although he noted a stylistic change, there is no manifest difference between the previous Preambles and the proposal, unless the Body consider some distinctions made earlier by some Members.

As to the word "enhance" in lieu of “develop”, he requested that the Committee review its use in as much as it cannot meet the general desire that the patrimony of the nation be conserved and developed, and on the distribution of the fruits of such development, some provisions must be inserted and not merely placed under the general rubric of “equality”.

COMMENTS OF MR. CONCEPCION

On the substitution of the word "develop" to "enhance", Mr. Concepcion stated that in considering human resources as part of the patrimony of the nation, these could not be “enhanced” but “developed”, in order to enhance or enrich human dignity. He cautioned that the change be studied carefully.

On "participatory democracy", Mr. Concepcion opined that apart from its historical connotation, the phrase suggests that there is a democracy that is not participatory and while he appreciates the intention of the Committee, he could foresee that debates on interpretation could ensue.

On the substitution of "regime" to "rule", Mr. Concepcion pointed out that there is the "rule" of law but "regime" is used in connection with justice and the latter has a broader connotation. He urged the restoration of the word "regime" stressing that the problem is not so much on what is the law but how that law would be enforced. He stressed that it is not enough to draft a legally excellent Constitution but that appropriate measures must be undertaken to ensure that the proper persons duly suited to the tasks could carry out its spirit.

REQUEST FOR RECOGNITION BY MR. NOLLEDO

At this juncture, Mr. Nolledo requested recognition to interpellate Mr. Concepcion.

POINT OF ORDER OF MR. MAAMBONG

Mr. Maambong rose on a point of order stating that the Body was in the period of sponsorship and interpellations should be addressed to the Sponsor and not to a Member who rose to comment on the proposal being deliberated upon.

RULING OF THE CHAIR

The Chair ruled that Mr. Nolledo sought to clarify certain points raised by Mr. Concepcion and that it would allow Mr. Nolledo to raise his questions as a member of the Committee. The Chair, however, stated that the Rules does not allow further interpellation to a Member who has been interpellating during the period of sponsorship.

Thereupon, Mr. Tingson yielded the floor to Mr. Nolledo as suggested by Mr. Maambong, in keeping with the Rules.

INQUIRY OF MR. NOLLEDO

On the use of "participatory democracy", especially in the light of the spirit behind "people power", which would connote "vibrant democracy", Mr. Concepcion stated that he could appreciate the intent of the Committee but that the Preamble should not contain anything which would be the object of debate. He maintained that the question of "participatory democracy" could be stressed better in the declaration of principles or in some other parts of the Constitution.

On whether Mr. Concepcion would agree that the ex-President's use of the term should not deter the Body from adopting it, Mr. Concepcion replied that there is really nothing wrong with it. The essence of democracy, he said, is "people power" and people's participation. He noted that in the Philippines and elsewhere there is really not enough democracy in practice and that the use of the term "participatory" in the Preamble suggests that the framers are trying to establish a democratic system not only on paper but also in reality.

In response thereto, Mr. Nolledo urged his colleagues to support the stand of the Committee to impress upon the people the need for "participatory democracy".

INTERPELLATION OF MR. SARMIENTO

In reply to the initial queries of Mr. Sarmiento, Mr. Tingson affirmed that the word "democracy" was enshrined in the 1935 and 1973 Constitutions and that a Preamble reflects the vibrant and living sentiments, yearnings, sufferings and tribulations of the people.

On the suggestion to use the term "the blessings of people's power" instead of "participatory democracy", Mr. Tingson stated that the Committee did not have in mind merely the political aspect of "participatory democracy" but the economic aspect as well.

On the contention that "people's power" is all-embracing in that it covers economic, social and political power, Mr. Tingson maintained that using words which have recently caught the headlines of newspapers would make the Constitution transitory in nature. In this regard, Mr. Tingson stressed that what the Committee wanted is a constitution that would endure for three hundred years from now.

On whether the words "ideals" and "aspirations" would cover the term "heritage" which refers to the tradition of struggle for freedom and liberty, Mr. Tingson stated that the Committee would consider amendments at the proper time.

COMMENTS OF MR. RODRIGO

Mr. Rodrigo observed that of all the parts of the Constitution, the Preamble is the most memorized even by grade school pupils, so that unless absolutely necessary, the Committee should refrain from using multi-syllabic words which are not easy to pronounce, and he adverted to the word "participatory" which consists of six syllables.

He further observed that since the Constitution will have a Pilipino version, he wondered how the term "participatory" could be translated in Pilipino. In this connection, he stated that the teem is redundant because the definition given by Lincoln of democracy — that of "government of the people, for the people and by the people" — connotes participation.

COMMENTS OF MR. TADEO

Mr. Tadeo suggested the deletion of the words "peace, respect and dignity of human being or human rights" in the Preamble because of the presence of the word "justice". He maintained that where there is justice, there is peace and respect of human rights.

Mr. Tadeo then argued against the word "participatory" democracy and opted for "popular" democracy because, "participatory" democracy is "elitist" democracy which was brought about by the two-party system for the interests of foreign nations. He then stated that the only force that would dissolve "elitists" democracy is "popular" democracy where everybody, including the elite, could participate.

INTERPELLATION OF MR. MAAMBONG

Adverting to direct and indirect democracy, Mr. Maambong inquired as to the type of democracy referred to in the term "participatory" democracy, to which Mr. Tingson pointed out that the Committee agreed to use the word "participatory" to accommodate the Members who wish to express themselves in a free-wheeling discussion. He stated, however, that the Committee would be happy to consider amendments on the matter at the appropriate time. He opined that the term "participatory" is more of direct democracy which is readily understood by the people.

Mr. Maambong then invited the attention of the Sponsor to the 1935 and 1973 Constitutions which state that the nature of the governmental system is republican which is understood to be an indirect democracy.

On whether the Committee interprets "participatory" democracy to mean direct democracy where people assume the functions of government, Mr. Tingson stated that the term implies both direct and indirect democracy.

Mr. Maambong, however, maintained that in the framing of the Constitution, the Commission has to decide whether it is going to use direct or representative democracy, to which Mr. Tingson stated that when the barangay people meet to consider proposals on how they could be relevant to the government, that is direct democracy; while the election of senators and congressmen to the national lawmaking body would constitute representative democracy.

Mr. Maambong then adverted to "participatory democracy" in Mr. Marcos' time which merely broadened the base of participation through the representatives of the people by institutionalizing the barangay system, without any allusion whatsoever to direct democracy.   

On the query as to the intent of the Committee in including the word "equality" in the proposal, Mr. Tingson stated that the Committee was thinking more in terms of giving everybody an equal chance at decent livelihood and participation in the economic and political aspects of developing our country.

On whether "equality" would connote natural equality, Mr. Tingson stated that "equality" would mean political equality in economic opportunities.

ADJOURNMENT OF SESSION

Thereafter, on motion of Mr. Rama, there being no objection, the Chair declared the session adjourned until three o'clock in the afternoon of the following day.

It was 6:43 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 8, 1986