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[ VOL. I, June 11, 1986 ]
JOURNAL NO. 8
Wednesday, June 11, 1086
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 sung followed by a prayer led by Mrs. Florangel Rosario Braid, to wit:
Almighty God, may Thy Spirit guide us so that we may truly understand the needs of our country, sensitize us so that we may feel the pulse of our people especially the poor and the disadvantaged. As we celebrate Independence Day, we pray that our thoughts and actions be infused with the spirit of our heroes who fought and fell in the night so that we would be free.ROLL CALL
Amen.
Upon direction of the Chair, the Secretary-General of the Commission called the Roll, to which the following Members responded:
With 42 Members present, the Chair declared presence of a quorum.
Abubakar, Y. R. Nieva, M. T. F. Aquino, F. S. Nolledo, J. N. Azcuna, A. S. Padilla, A. B. Bacani, T. C. Muñoz Palma, C. Bengzon, J. F. S. Quesada, M. L. M. Bernas, J. G. Rama, N. G. Rosario Braid, F. Regalado, F. D. Brocka, L. O. De los Reyes, R. F. Calderon, J. D. Rigos, C. A. De Castro, C. M. Rodrigo, F. A. Colayco, J. C. Romulo, R. J. Concepcion, R. R.. Rosales, D. R Davide, H. G. Suarez, J. E. Foz, V. B. Sumulong, L. M. Gascon, J. L. M. C. Tadeo, J. S. L. Guingona, S. V. C. Tan, C. Jamir, A. M. K. Tingson, G. J. Laurel, J. B. Treñas, E. B. Maambong, R. E. Uka, L. L. Monsod, C. S. Villacorta, W. V. Natividad, T. C. Villegas, B. M.
The following Members appeared after the Roll Call:
READING AND APPROVAL OF THE JOURNAL
Alonto, A. D. Lerum, E. R. Bennagen, P. L. Ople, B. F. Garcia; E. G. Sarmiento, R. V.
On motion of Mr. Rama, there being no objection, the reading of the Journal of the previous session was dispensed with and 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. 74, entitled:
RESOLUTION TO CREATE AN INDEPENDENT CONSTITUTIONAL COMMISSION ON ETHNICS AND ACCOUNTABILITY TO BE CALLED “COMMISSION ON PUBLIC ACCOUNTABILITY”Proposed Resolution No. 75, entitled:
Introduced by Honorable Rigos
TO THE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION PROHIBITING THE DESIGNATION OF THE MEMBERS OF THE SUPREME COURT AND OF THE OTHER COURTS CREATED BY LAW TO PERFORM NON-JUDICIAL FUNCTIONS IN QUASI-JUDICIAL AND ADMINISTRATIVE BODIES OR AGENCIES EXCEPT WITH THE APPROVAL OF THE MAJORITY VOTE OF THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVESProposed Resolution No. 76, entitled:
Introduced by Honorable Colayco
TO THE COMMITTEE ON THE JUDICIARY
RESOLUTION PROPOSING MODIFICATIONS TO THE LAW ON IMPEACHMENT TO MAKE IT MORE EFFECTIVE BY DECLARING ANY VIOLATION OF THE CONSTITUTION AS SUFFICIENT GROUND THEREFOR, PROVIDING OTHER GROUNDS FOR IMPEACHMENT, REDUCING THE REQUIRED VOTES FOR INITIATION AND FOR CONVICTION, AND PROVIDING A LESSER DEGREE OF PROOF AS BASIS FOR CONVICTIONProposed Resolution No. 77, entitled:
Introduced by Honorable Davide, Jr.
TO THE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS
RESOLUTION TO GIVE MORE EMPHASIS TO EDUCATION AS THE KEY TO NATIONAL STABILITY AND UNITY AND THE FULLEST DEVELOPMENT OF THE PERSONALITY AND CAPABILITY OF THE CITIZEN, INCORPORATING FOR THAT PURPOSE IN THE NEW CONSTITUTION A SEPARATE ARTICLE ON EDUCATIONProposed Resolution No. 78, entitled:
Introduced by Honorable Davide, Jr.
TO THE COMMITTEE ON HUMAN RESOURCES
RESOLUTION PROVIDING FOR THE MANNER OF APPOINTMENT TO THE SUPREME COURT AND OTHER COURTS TO ENSURE THE INDEPENDENCE OF THE JUDICIARYProposed Resolution No. 79, entitled:
Introduced by Honorable Davide, Jr.
TO THE COMMITTEE ON THE JUDICIARY
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION IMPOSING HIGHER RATES OF TAXES ON IDLE PRIVATE AGRICULTURAL LANDSProposed Resolution No. 80, entitled:
Introduced by Honorable Davide, Jr.
TO THE COMMITTEE ON THE LEGISLATIVE
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION ALLOWING SUITS AGAINST THE STATE OR ANY OF ITS POLITICAL SUBDIVISION OR INSTRUMENTALITY FOR DAMAGES SUSTAINED BY REASON OF AN ILLEGAL ACT OF OR NEGLECT OR FAILURE TO PERFORM AN OFFICIAL DUTY BY A PUBLIC OFFICIAL MAKING THE LIABILITY SOLIDARY WITH THE LATTER, ALLOWING THE STATE OR THE POLITICAL SUBDIVISION OR INSTRUMENTALITY TO BE REIMBURSED BY THE PUBLIC OFFICIAL OF WHAT IT MAY BE LIABLE TO PAYProposed Resolution No. 81, entitled:
Introduced by Honorable Davide, Jr.
TO THE COMMITTEE ON GENERAL PROVISIONS
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE ON THE ESTABLISHMENT OF THE NATIONAL POLICE COMMISSION AS A CONSTITUTIONAL AGENCYProposed Resolution No. 82, entitled:
Introduced by Honorable De Castro
TO THE COMMITTEE ON CONSTITUTIONAL MISSIONS AND AGENCIES
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE ON SOCIAL JUST SEPARATE AND DISTINCT FROM THE DECLARATION OF PRINCIPLES AND STATE POLICIESProposed Resolution No. 83, entitled:
Introduced by Honorable Bennagen
TO THE COMMITTEE ON SOCIAL JUSTICE AND SOCIAL SERVICES
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION THE ENTIRE ARTICLE V, 1973 CONSTITUTIONProposed Resolution No. 84, entitled:
Introduced by Honorable Bengzon, Jr.
TO THE COMMITTEE ON CITIZENSHP, BILL OF RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION THE WHOLE OF ARTICLE IV, 1973 CONSTITUTION EXCEPT SECTION 15 AS THE BILL OF RIGHTS OF THE PHILIPPINE CONSTITUTION OF 1986Proposed Resolution No. 85, entitled:
Introduced by Honorable Bengzon, Jr.
TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS
RESOLUTION TO ADOPT THE PREAMBLE OF THE 1973 CONSTITUTION AS THE PREAMBLE OF THE 1986 CONSTITUTIONProposed Resolution No. 86, entitled:
Introduced by Honorable Bengzon, Jr.
TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY, AND DECLARATION OF PRINCIPLES
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION THE ENTIRE ARTICLE II OF THE 1973 CONSTITUTIONProposed Resolution No. 87, entitled:
Introduced by Honorable Bengzon, Jr.
TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY, AND DECLARATION OF PRINCIPLES
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION PROVISIONS ON THE PROTECTION OF WOMEN'S RIGHTSProposed Resolution No. 88, entitled:
Introduced by Honorable Aquino
TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY, AND DECLARATION OF PRINCIPLES
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION PROVISIONS TO DEFINE AND REORIENT THE ROLE OF THE ARMED FORCES OF THE PHILIPPINESProposed Resolution No. 89, entitled:
Introduced by Honorable Aquino
TO THE COMMITTEE ON GENERAL PROVISIONS
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE ON NATIONAL ECONOMY AND PATRIMONYProposed Resolution No. 90, entitled:
Introduced by Honorable Guingona
TO THE COMMITTEE ON NATIONAL ECONOMY AND PATRIMONY
RESOLUTION REQUESTING HER EXCELLENCY, PRESIDENT CORAZON C. AQUINO, TO DESIGNATE AND APPOINT A REPRESENTATIVE OF THE URBAN POOR TO THE CONSTITUTIONAL COMMISSIONProposed Resolution No. 91, entitled:
Introduced by Honorable Gascon and Garcia
TO THE STEERING COMMITTEE
RESOLUTION URGING THE CONSTITUTIONAL COMMISSION TO CONSIDER THE PEOPLE'S PROPOSAL FOR SOCIAL ECONOMIC SERVICESADDITIONAL COAUTHORS
Introduced by Honorable Gascon and Garcia
TO THE COMMITTEE ON SOCIAL JUSTICE AND SOCIAL SERVICES
On motion of Ms. Aquino, Ms. Christine Tan was made coauthor of Resolution No. 87 and Mr. Edmundo Garcia of Resolution No. 88.
Upon the direction of the Chair, the Secretary-General also read the title of the Communication, which Communication was referred to the Steering Committee:
Communication No. 7 — Constitutional Commission of 1986
Letter from Mr. Jose J. Ferrer, Jr., Chairman, Seventh House of Delegates of the Integrated Bar of the Philippines, submitting the resolutions adopted by the Integrated Bar of the Philippines at the Second Annual Convention of the Seventh House of Delegates and the proposals of the IBP Committee on Constitutional Amendments.MOTION OF MS. AQUINO
At this juncture, Ms. Aquino moved for acceptance by the Constitutional Commission, as working draft, of a proposal made by the 1986 UP Law Constitution Project, which motion, there being no objection, was approved by the Body.
Thereupon, the Chair accepted the draft proposal consisting of two volumes and referred the same to the Steering Committee.
MOTION OF MR. CALDERON
Upon recognition by the Chair, Mr. Calderon prefaced his motion by stating that his colleagues from the 1971 Constitutional Convention and who were also his colleagues in the 1986 Constitutional Commission had asked him to convey their gratitude to Mr. Guingona for presenting to the Body the revised draft of the 1973 Constitution as reframed by a committee of former Constitutional Convention delegates. He explained that the main authors of the reframed 1973 Constitution, namely: Teofisto Guingona, Ramon Diaz, and Diosdado Macapagal worked until 1985 to reframe the Constitution and removed those objectionable provisions which the former President had imposed. He stated that through the adoption of the draft as a guide, many great men who worked tirelessly in the 1971 Constitutional Convention, like Miguel Cuaderno, Raul Manglapus, Felixberto Serrano, Diosdado Macapagal, Ramon Diaz, Vicente Sinco, Jose Aruego, Salvador Araneta, Juan Liwag, Sotero Laurel and others could assist and guide the Constitutional Commission in its work.
Mr. Calderon then moved that the draft submitted on June 10 by Mr. Guingona be reproduced and made available to the Members, which motion, there being no objection, was approved by the Body.
The Chair directed the Secretary-General to reproduce and distribute the draft to all Members.
AD HOC COMMITTEE REPORT AND RECOMMENDATIONS
Thereupon, Mr. Rama informed the Body that the Ad Hoc Committee constituted by the President to look into a possible alternative site for the Constitutional Commission was ready to submit its report.
Mr. Rama, as Chairman of the Committee, stated that it was assigned two tasks: (1) to explore the possibility of an alternative site for the Constitutional Commission; and (2) to thresh out the problem and the question of whether the Body would have afternoon or morning plenary sessions. On the first task, the Ad Hoc Committee Members, namely, Messrs. Bengzon, Calderon, Jamir, Romulo and himself inspected several sites including the Legislative Building specifically the Senate Session Hall which they found unsuitable. The second alternative site, the Philippine International Convention Center was found suitable for the purpose and the Committee Members unanimously agreed to recommend the transfer of the Constitutional Commission from the Batasang Pambansa Complex to the PICC for several reasons: 1) the PICC has enough facilities to accommodate all the Members; 2) it has facilities for caucuses; 3) a medium-size session hall and 4) a plenary session hall; Furthermore, Mr. Rama stated that the PICC is accessible to the public and it does not pose any security problem.
On the inquiry regarding facilities for the Secretariat personnel and whether the site would be convenient not only to the Members but also to the staff, Mr. Rama replied that the PICC has enough space to accommodate the staff and all the offices which would be required, including a post office, communications facilities, lounges and caucus rooms.
INQUIRY OF MR. RODRIGO
On whether the PICC could be made available for free or would rents be paid, Mr. Rama adverted to paragraph 8, Section 9, of Proclamation No. 9 creating the Constitutional Commission which states that aside from the Batasang Pambansa Complex, all government entities, agencies and instrumentalities shall place at the Constitutional Commission's disposal such personnel, premises and furniture which could be spared without detriment to public service, without cost or refund or additional pay. He stated that under normal circumstances, rentals would be charged but under this provision of Proclamation No. 9, the Constitutional Commission need not pay. He informed the Body, however, that negotiations would be made with the Central Bank which owns the PICC.
At this point, Mr. Rodrigo advised the Body to defer any decision until all necessary negotiations have been made.
At this juncture, the Chair stated that, in fairness to the Secretariat personnel, action on the Committee report be postponed until Monday so that consultations could be made with the Secretariat, to which Mr. Rama agreed.
INQUIRY OF MR. REGALADO
On the query of Mr. Regalado as to whether it would be necessary to amend Proclamation No. 9 inasmuch as it provides for the use of the Batasang Pambansa Complex as the venue for the Constitutional Commission, the Chair stated that President Aquino had given the assurance that the Commission, once constituted, would be totally free to decide on its needs.
On the possible change of time of the plenary sessions, Mr. Rama informed the Body that the Committee had consultations with some newspaper reporters and majority of them agreed to the 3:00 o'clock session as their papers are morning dailies, and they would have adequate time to catch up with their deadlines. He stated further that the transfer of the Constitutional Commission to PICC would not pose any problem for them in commuting to their offices in Manila.
Thereafter, the Chair stated that the Body would take action on the whole report on Monday, June 16, 1986.
OBSERVATION OF MR. GARCIA
Thereupon, Mr. Garcia observed that while the transfer of venue would be important in terms process, it would be fair to consult the support staff particularly the Secretariat, before the report is submitted to the Body especially on such a major undertaking as transfer of venue.
In response thereto, Mr. Rama maintained that it is equally important for the public to have access to the Commission.
As a rejoinder, Mr. Garcia maintained that sessions must be a collective effort between Members and the support staff without whom these Members could not do their work.
REMARKS OF MS. AQUINO
Ms. Aquino made it of record that the consideration and rationale for the transfer of venue would not be so much the convenience, comfort and security of the Members as the commitment to maximize public participation in the deliberations and proceedings of the Commission.
COMMENTS OF MR. GUINGONA
Mr. Guingona also invited attention to the that the Commission had been provided by the Ministry of General Services through Mr. San Andres, as Administrator of the Batasan Complex, with a support staff of 93 personnel under the administrative supervision and control of the Secretary-General but who were being paid from the funds of the Ministry of General Services. He stated that it would be prudent for the Committee to inquire whether the Commission could receive the same kind of support if it would be transferred to another venue. He explained that this support would consist not only of maintenance and security but also other services relevant to the needs of the Commission.
UNFINISHED BUSINESS: COMMITTEE REPORT NO. 1 ON PROPOSED RESOLUTION NO. 72
Thereafter, on motion of Mr. Rama, there being no objection, the Body proceeded to the continuation of consideration, on Second Reading, 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 Constitution.Thereupon, the Chair recognized Mr. Tingson for the continuation of the sponsorship.
SPONSORSHIP REMARKS OF MR. TINGSON
Mr. Tingson expressed gratitude for the attention and interest that the Members had shown by sharing their ideas in framing the Preamble. He underscored that the Preamble should reflect the minds of those who wrote it and serve as the byline to the sacred document, capturing in a few words, the soul of the country.
In this connection, he stated that the proposed Preamble would adequately meet the criteria of a good Preamble, namely: (1) substance — the ideas which must be or which must correspond faithfully to the Filipino identity and goals; (2) syntax — how ideas are sequenced, which must be consistent with the relation and prioritization among ideas; (3) lexica — what words represent the ideas and therefore must convey the ideas as best as possible, immuned from misleading connotations, and minimize overlapping of meanings; (4) translation — must be translatable to Pilipino and other major dialects of the country; (5) phonology — how the composition sounds to the ear; and (6) length — the preamble must be brief and concise. He contended that the proposed Preamble had met these criteria adequately.
Mr. Tingson then urged his colleagues not to insist on their proposals which would only lengthen the Preamble, but rather to incorporate them in other portions of the Constitution.
For the record, Mr. Tingson reread the Committee proposal.
INTERPELLATION OF MR. DAVIDE
Adverting to the Committee Report which recommended the deletion of the word "Filipino", Mr. Davide inquired whether the Committee was withdrawing this particular amendment, to which, Mr. Tingson stated that the official draft includes the word "Filipino", thus disregarding Amendment No. 1.
On the scope of "participatory" democracy, Mr. Tingson stated that it would encompass both direct and representative democracy.
At this juncture, Mr. Tingson yielded the floor to Mr. Nolledo who explained that the term emphasizes the need for participation by the people in attaining the aims of the Constitution and does not necessarily refer to the system of government as indicated by Mr. Maambong.
On the suggestion to clearly define the meaning of "participatory" democracy because all the succeeding articles of the Constitution would be governed by it, Mr. Nolledo opined that it is not necessary.
On the proposal to use the word "authentic" instead of "participatory" to avoid misinterpretation, Mr. Nolledo stated that "vibrant" democracy is more apt.
At this juncture, Mr. Nolledo yielded the floor to Mr. Tingson.
On the contention that the phrase "Divine Providence" is a superfluity because the word "Providence" means God himself and God himself is divine, Mr. Tingson replied in the negative.
On the proposal to change "Divine Providence" to "Almighty God", Mr. Tingson expressed willingness to consider amendments at the proper time.
MOTION TO CLOSE THE PERIOD OF DEBATE
At this juncture, Mr. de Castro moved to close the period of debate and proceed to the period of amendments.
Mr. Garcia, however, interposed an objection.
REMARKS OF MR. GARCIA
Mr. Garcia recalled that he withdrew his motion for deferment of the resolution the previous day to allow a free-wheeling discussion on condition that there would be no amendment or voting. He then suggested that discussion on the final draft be postponed until after substantive debate on issues have been done.
REMARKS OF MR. VILLACORTA
Mr. Villacorta, in support of Mr. Garcia, read the Journal of the previous day and then stated that it would be premature for the Body to close the discussion on the subject matter.
REMARKS OF MR. BERNAS
Mr. Bernas pointed out that there were two parts to the motion of Mr. de Castro; to terminate the free-wheeling discussion, and to proceed to the period of amendments. He explained that he would support the first part of the motion to terminate the free-wheeling discussion and proceed to other business.
REMARKS OF MR. DE CASTRO
Mr. de Castro explained that the termination of the free-wheeling discussion would pave the way for the period of amendments. He cited Sections 23 and 24, Rule VI of the Rules and insisted on his motion to close the period of sponsorship and proceed to the period of amendments.
SUSPENSION OF SESSION
At this juncture, the Chair suspended the session.
It was 4:14 p.m.
RESUMPTION OF SESSION
At 4:21 p.m., the session was resumed.
Upon resumption, Mr. de Castro restated his motion, as amended, to terminate the period of sponsorship and debate.
Mr. Padilla, however, manifested his desire to interpellate the Sponsor.
In view thereof, Mr. de Castro temporarily withdrew his motion.
INTERPELLATION OF MR. PADILLA
Mr. Padilla prefaced his interpellation by agreeing to the proposals presented by some Members of the Commission during the previous session, among which were the change of the word "aid" to GUIDANCE "Divine Providence" to ALMIGHTY GOD; the insertion of the words, AND ASPIRATIONS; the change of the words "general welfare" to COMMON GOOD; and the retention of the word DEVELOP in lieu of "enhance."
On the suggestion to insert the phrase PROTECT HUMAN RIGHTS after the words "common good", Mr. Tingson agreed that the suggestion would carry more force and would not be obiter dicta provided that it is included in other provisions of the Constitution. He pointed out, however, that the idea of protecting human rights is already within the ambit of the phrase "under the regime of justice".
On "democracy", Mr. Padilla opined that it should not be qualified with any adjective, not even "participatory". He further noted that the "blessings" referred to in the proposed Preamble seemed limited only to democracy, for which reason, he suggested the addition of the words TRUTH, FREEDOM AND PROSPERITY OR PROGRESS on the ground that these are among the aspirations of the Filipino people.
On the word "equity" instead of "equality" which was only inserted in the 1973 Constitution, Mr. Padilla concurred with Mr. Villegas' preference for the word "equity". He contended that the word "equality" might lead to misconception on the ground that while men are born equal, there is no such thing as economic or financial equality since what are guaranteed are equal opportunities and equality before the law.
Mr. Tingson took note of the observation Mr. Padilla.
(In the course of Mr. Padilla's interpellation, the President relinquished the Chair to the Honorable Francisco A. Rodrigo)
COMMENTS OF MR. TADEO
Commenting on the question posed by Mr. Ople in the previous session as to the salient points which would make the 1986 Constitution different from the 1898, 1935 and 1973 Constitutions, specifically on the substance of the Preamble which should reflect the ideals and aspirations of the Filipino people, Mr. Tadeo opined that instead of changing words "Divine Providence" to ALMIGHTY GOD, the term GOD OF HISTORY would be more appropriate because it pictures God living among the Filipino people in their struggle for progress. stated that the terms "Divine Providence" and "Almighty God'! seemed foreign and detached from the people.
Reflecting likewise, the sentiments of the agricultural sector which he represents, Mr. Tadeo argued that "participatory" democracy connotes a two-party system which would eventually evolve into an elite democracy. He pointed out that this system has been influenced by the American model and in order to get away from the clutches of influential elite democracy, he suggested the adoption of ''popular" democracy.
INQUIRY OF MAAMBONG
On the inquiry of Mr. Maambong as to the parliamentary situation, the Chair explained that Body was considering the Resolution on Second Reading, after the motion presented by Mr. de Castro to close the period of interpellation was with drawn to accommodate Mr. Padilla who interpellated the Sponsor.
On whether the motion was to close the period of sponsorship and debate, Mr. de Castro explained that he presented the motion to terminate the period of sponsorship on the ground that the proposed Preamble had already been discussed extensively.
TERMINATION OF THE PERIOD OF DEBATE
Thereupon, upon request of the Chair, Mr. de Castro restated his motion to close the period of debate and there being no objection, the motion was approved by the Body.
SUSPENSION OF SESSION
At this juncture, the Chair suspended the session.
It was 4:40 p.m.
RESUMPTION OF SESSION
At 4:45 p.m., the session was resumed.
DEFERMENT OF CONSIDERATION OF THE PROPOSED PREAMBLE
Upon resumption of session, on motion of Mr. Garcia, duly seconded, and there being no objection, the Body approved the deferment of consideration of the proposed Preamble until after substantive debate on other issues in the Constitution shall have been made.
CHANGES IN COMMITTEE MEMBERSHIP
On motion of Mr. Rama, there being no objection, the Body approved the following changes in Committee memberships:
RECONSIDERATION OF THE APPROVAL OF MR. GARCIA'S MOTION
1. the transfer of Mr. Bacani from the Committee on Human Resources to the Committee on Social Justice and Social Services; 2. the transfer of Mr. Treñas from the Committee on Social Justice and Social Services to the Committee on Human Resources; and 3. the election of Mr. Bennagen to the Committee on Local Governments in lieu of Mr. Colayco.
Thereafter, Mr. Tingson stated that when the motion of Mr. Garcia for the deferment of consideration of the proposed Preamble was approved, he vas out and was not able to register his objection.
He then moved for the reconsideration of the approval of the motion, and there being no objection, the same was approved by the Body.
Thereupon, Mr. Tingson explained that since; there was no other business in the Calendar, the motion of Mr. Garcia would, in effect, lead to the adjournment of the session, unless the Committee could accept amendments to certain portions of the proposed Preamble.
At this juncture, Mr. Bernas asked for a vote on Mr. Garcia’s motion to defer the consideration of the proposed Preamble.
PARLIAMENTARY INQUIRY OF MR. MAAMBONG
Thereupon, Mr. Maambong inquired on the parliamentary situation, stating that the Rules provide that after the period of sponsorship, the consideration on Second Reading follows, in reply to which, the Chair explained that after the period of debate would be the period of amendments, and that no voting on Second Reading could be made until after the period of amendments.
SUSPENSION OF SESSION
At this juncture, the Chair suspended the session.
It was 4:55 p.m.
RESUMPTION OF SESSION
At 5:00 p.m., the session was resumed.
RESTATEMENT OF MR. GARCIA'S MOTION
Upon resumption of session, Mr. Garcia stated that although he appreciated the immediate approval of the proposed Preamble, he opined that the substance could not be sacrificed in favor of expediency.
He then restated his motion to defer consideration of the proposed Preamble until after substantive discussions on other issues on the Constitution shall have been made.
INQUIRY OF MR. SUAREZ
In reply to Mr. Suarez' inquiry on whether it would be possible for the Body to consider the proposed Preamble during the period of amendments without necessarily approving the same on Second Reading, the Chair affirmed that after the amendments shall have been introduced, the Body could defer voting thereon.
MR. TINGSON'S OBJECTION TO MR. GARCIA'S MOTION
Thereupon, Mr. Tingson, on behalf of the Committee on Preamble, National Territory and Declaration of Principles, registered his objection to the motion of Mr. Garcia on the grounds he had earlier stated.
VOTING ON THE MOTION
The Chair submitted the motion to a vote, and could accept amendments to certain portions of the with 15 Members in favor and 16 Members against, the motion was lost.
PERIOD OF AMENDMENTS
Thereafter, on motion of Mr. Rama, there being no objection, the Body proceeded to the period of amendments.
INQUIRY OF MR. MAAMBONG
Thereupon, Mr. Maambong’s query on whether the period of debate would be in order, the Chair explained that the period of debate had been terminated.
AMENDMENT OF MR. DAVIDE
Thereupon, Mr. Davide proposed to add the words "AND AID" between the words "guidance" and "of", so that the phrase would read GUIDANCE AND AID OF DIVINE PROVIDENCE.
Mr. Davide explained that the word “aid” has gained historical significance in the 1935 and 1973 Constitutions, and that "guidance" is only a state of mind while "aid" is more positive.
The Sponsor, however, opted for the retention of the word "aid" in lieu of "guidance" so that the phrase would only read AID OF DIVINE PROVIDENCE, to which Mr. Davide agreed.
Thereupon, as proposed by Mr. Davide, modified and accepted by the Sponsor, the Body approved to change the word "guidance" to AID.
PROPOSED AMENDMENT OF MR. BACANI
Mr. Bacani proposed to change the phrase "Divine Providence" to LORD OF HISTORY.
In explaining his proposal, Mr. Bacani stated that "Divine Providence" is not the Filipino way of articulating God and that the phrase would be difficult to translate in Pilipino. He added that it is less personal than God or Lord of History which, he opined, is the most appropriate term for showing the Filipinos' march towards liberation, reconciliation and full peace.
Mr. Tingson rejected the proposed amendment because it limits the concept of God since Christians believe not only in the Lord of History but also in the Lord of Calvary, both of which, are joined together in the phrase "Divine Providence."
Mr. Bacani, however, maintained that the term "Lord of History" precisely includes Calvary in the Christian context, and that the notion of "Divine Providence" speaks of a God who may not be as involved as the Lord of History would show Him to be.
On the difficulty of translating "Divine Providence" in Pilipino, Mr. Tingson stated that one could translate it with the idea of God, hence, making "Divine Providence" more adequate for the purpose.
SUSPENSION OF SESSION
At this juncture, the session was suspended.
It was 5:15 p.m.
RESUMPTION OF SESSION
At 5:16 p.m., the session was resumed.
MODIFIED AMENDMENT OF MR. BACANI
Upon resumption, Mr. Bacani proposed to change "Divine Providence" with ALMIGHTY GOD, to which, Mr. Tingson stated that he would leave it to the Body to accept or reject the proposal.
REMARKS OF MR. OPLE
At this juncture, Mr. Ople stated that he supports Mr. Bacani's proposal to change "Divine Providence" with; ALMIGHTY GOD. He added that he could also support "Lord of History", but he would like to explain further the innovative concept.
He stated that the Marxist vision of history, known as historical materialism, enthrones history in place of God, thereby, making the phrase "Lord of History" susceptible to misinterpretation. He added that there is also a difference between the historical Christ, the forerunner of whom is celebrated in the Dead Sea Scrolls, from the Christ of the Bible who is being worshipped by the average Christian.
He opined that the term "Lord of History" may cause confusion which is wholly unintended by the proponents. He then supported the proposal to change "Divine Providence" to ALMIGHTY GOD rather than with LORD OF HISTORY.
Mr. Tingson accepted Mr. Bacani's proposal to change "Divine Providence" to ALMIGHTY GOD and there being no objection, the amendment was approved by the Body.
INQUIRY OF MR. SUAREZ
In reply to Mr. Suarez' query as to whether the phrase "Almighty God" is a redundancy because God already encompasses the word "Almighty", Mr. Rigos, to whom Mr. Tingson referred the query, stated that it is not redundant to describe God as "Almighty."
OBSERVATION OF MR. UKA
Mr. Uka observed that the use of the phrase "Almighty God" would not raise objections from the various religious sects, including the Muslims who also believe in God.
He pointed out that the Christians and the Muslims have many similar concepts of God including that of Jesus, Mary and the Ten Commandments, which concepts are, likewise, mentioned in the Holy Koran. He stated that Islam and Christianity are but two forms of one religion, adding that both the Bible and the Koran have similar versions of the Lord's Prayer but with one difference: the phrase "give us this day our daily bread" in the Bible is not contained in the Koran.
In response thereto, Mr. Tingson stated that the Committee had seriously considered the acceptability of the phrase "Almighty God" to the Muslims during its discussions. He expressed his gratitude to Mr. Uka for placing on record the Muslims' acceptance of the amendment.
PROPOSED AMENDMENT OF MR. DAVIDE
Mr. Davide proposed to insert between the words "to" and "establish" the phrase PRESERVE AND STRENGTHEN OUR NATIONAL UNITY AND IDENTITY AND, to which, Mr. Tingson stated that the Committee was not disposed to adding more words to the proposed Preamble.
Mr. Davide, however, stressed that the Body should not be guided by the number of words in the Preamble but rather by its substance.
Submitted to a vote and with the majority voting against, the proposed amendment was lost.
AMENDMENT OF MR. SARMIENTO
Mr. Sarmiento proposed to add after the word "God" the phrase TO BUILD A JUST AND HUMANE SOCIETY AND.
On Mr. Suarez' suggestion to transpose the words between "a" and "government", Mr. Sarmiento stated that he intends to make a distinction between society and government since these are two different concepts, the former being broad in scope and the latter too restrictive.
Mr. Tingson pointed out that the proposed amendment is already covered by the phrase "the blessings of participatory democracy under a regime of justice, peace, freedom and equality."
Mr. Rigos, on a point of information, stated that the proposal is similar to the one submitted by the 1986 UP Law Constitution Project.
Mr. Azcuna observed that the proposal is out of place because the Preamble is a statement which ordains and promulgates a Constitution that primarily establishes a government and it does not intend to build a society. He added that the society already exists and that this society by the act of promulgating a Constitution, establishes a government.
In response thereto, Mr. Tingson suggested that Mr. Sarmiento's proposed amendment be incorporated in other articles of the Constitution.
By way of rejoinder, Mr. Sarmiento stated that the purpose of the Constitutional Commission is not only to establish a government that shall embody the ideals and aspirations of the Filipino people, but also to build a just and humane society.
Submitted to a vote, with 17 Members voting in favor and 14 Members voting against, Mr. Sarmiento's proposed amendment was approved by the Body.
PROPOSED AMENDMENT OF MR. JAMIR
On line 3, between the words "our" and "ideals", Mr. Jamir proposed the insertion of the word HIGHEST.
Mr. Tingson, however, stated that the word is unnecessary, and submitted to a vote, with 6 Members voting in favor and 25 Members voting against, the proposed amendment was lost.
PROPOSED AMENDMENT OF MR. SARMIENTO
On line 3, between "our" and "ideals", Mr. Sarmiento proposed to insert HERITAGE and a comma (,) after it. Mr. Sarmiento stated that the words "ideals" and "aspirations" do not include heritage.
Mr. Nolledo, to whom Mr. Tingson yielded the floor, however, stated that the word "heritage" is embraced in the word "patrimony", adverting to Mr. Guingona's statement in the previous session, quoting Dean Sinco of the University of the Philippines.
Submitted to a vote, with 7 Members voting in favor and 24 Members voting against, the proposed amendment was lost.
AMENDMENT OF MR. DE CASTRO
On line 3, between the words "conserve" and "enhance," Mr. de Castro proposed to insert DEVELOP.
Mr. Tingson informed Mr. de Castro that the Committee had decided to retain the word DEVELOP instead of the word "enhance" as originally proposed, to which, Mr. de Castro agreed.
There being no objection, the Body approved Mr. de Castro's amendment.
PROPOSED AMENDMENT OF MR. DAVIDE
On line 4, after "patrimony" and the comma (,), Mr. Davide proposed the restoration of the phrase OF OUR NATION. Mr. Davide stated that he was proposing a broader concept of patrimony of the nation which includes not only the natural resources but the heritage as well.
Mr. Nolledo, however, stated that the phrase "our patrimony" is more emphatic, possessive and encompassing.
Submitted to a vote, with 11 Members voting in favor and 19 Members voting against, the proposed amendment was lost.
AMENDMENT OF MR. DE CASTRO
On line 5, Mr. de Castro proposed the deletion of the word "participatory" before "democracy". He stated that the word "democracy" is broad and sufficient enough to describe the blessings that the Filipinos are asking for and that the word "participatory" eliminates the concept of collectiveness.
Mr. Tingson accepted Mr. de Castro's proposal stating that it would shorten the Preamble.
At this juncture, however, Mrs. Rosario Braid proposed an amendment to Mr. de Castro's amendment by changing the word "participatory" to the phrase A BALANCED SOCIAL ORDER, the word "equality" to EQUITY, and the inclusion of the phrase AND DEMOCRATIC PARTICIPATION after it. She stated that this would reduce the gaps and inequities in society and would result in the harmonization of all its sectors.
Mr. de Castro did not accept Mrs. Rosario Braid's proposed amendment to his amendment and submitting Mr. de Castro's proposed amendment to a vote, with 27 Members voting in favor and 4 Members voting against, the same was approved by the Body.
PROPOSED AMENDMENT OF MR. GASCON
On line 6, between "of" and "democracy", Mr. Gascon proposed to insert the adjective POPULAR to enshrine into the Preamble the fact that Philippine democracy is genuinely of the people.
Mr. Tingson, however, stated that the adjective "popular" would not improve the meaning of democracy.
Submitted to a vote, with 12 Members voting in favor and 21 Members voting against, Mr. Gascon's proposed amendment was lost.
PROPOSED AMENDMENTS OF MR. PADILLA
On line 5, after "democracy", Mr. Padilla proposed to insert TRUTH and a comma (,) after it, to transpose "peace and freedom" after TRUTH, and to add AND PROGRESS after "freedom".
Also on line 5, after "rule of", Mr. Padilla proposed to add the word LAW, and change "equality" to EQUITY.
Mr. Tingson expressed agreement to Mr. Padilla's first proposed amendment but sought Mr. Sarmiento's comment adverting to the latter's amendment which was accepted earlier.
Mr. Sarmiento stated that Mr. Padilla's proposed amendment would be a redundancy to the phrase "to build a just and humane society".
By way of rejoinder, Mr. Padilla stated that his proposal would avoid distortion of facts that tend to mislead and confuse people. He stated that the inclusion of the words AND PROGRESS would not only ensure the enjoyment of a democratic rule but also the advancement towards progress and prosperity.
Mr. Tingson expressed agreement to Mr. Padilla first proposed amendment stating, however, that the Committee on Style should look into the proposed amendment so as not to mar the beauty of the Preamble.
At this juncture, Mrs. Rosario Braid expressed agreement to Mr. Padilla's proposed amendment to insert the word TRUTH but opined that "progress" would not be necessary and suggested instead an amendment to Mr. Padilla’s proposal with the concept of COOPERATION or HARMONY.
SUSPENSION OF SESSION
At this juncture, the Chair suspended the session
It was 6:12 p.m.
RESUMPTION OF SESSION
At 6:16 p.m. the session was resumed.
Thereupon, Mr. Tingson stated that the Committee would accept Mr. Padilla's proposal subject to style.
RESTATEMENT OF MR. PADILLA'S AMENDMENT
At this juncture, Mr. Padilla restated his amendment as incorporated on lines 5 to 8 to wit: "and our posterity the blessings of democracy, TRUTH, PEACE, FREEDOM AND PROGRESS under a rule of LAW, justice and EQUITY, do ordain and promulgate this Constitution. "
PROPOSED AMENDMENT OF MR. GASCON
Mr. Gascon moved that the word HARMONY be used in place of "progress", which amendment was rejected by Mr. Padilla. Mr. Padilla explained that what he had added is the concept of progress. He stated that truth, peace, freedom and progress are blessings or effects of good government, cooperation among the people to increase productivity and the generation of more wealth.
AMENDMENT OF MR. BACANI
Mr. Bacani inquired if Mr. Padilla would accept the insertion of the word LOVE between "justice and "equity" since love or “pakikipagkapwa-tao” was the concept behind the people's revolution. He stated that a rule of justice and law, even one of equity cannot bring peace without the presence of love. He maintained that the rule of justice alone would not bring peace.
Mr. Padilla accepted the proposed amendment.
PROPOSED AMENDMENTS OF MR. SARMIENTO
Mr. Sarmiento proposed the deletion of the words 1) "peace" as truth, freedom and Justice are tantamount to peace; 2) "progress" which is included in the promotion of the common good; and 3) "equity" because where there is law, there is justice and equity, but which amendments were not accepted by Mr. Padilla.
AMENDMENT OF MR. CONCEPCION
Mr. Concepcion proposed the rephrasing of the last part of the Preamble, to wit: THE BLESSINGS OF DEMOCRACY, UNDER THE RULE OF LAW AND A REGIME OF TRUTH, JUSTICE, FREEDOM . . . He opined that the people could not enjoy the blessings of democracy without a regime that seeks to establish truth and justice. Truth and justice, he reasoned, are essential to freedom and their presence could bring peace. Justice, he opined, includes equity and equity means fairness. He further stressed that what is essential is a rule of law and a regime of truth, justice, freedom and peace.
SUSPENSION OF SESSION
The Chair suspended the session.
It was 6:27 p.m.
RESUMPTION OF SESSION
At 6:34 p.m. session was resumed.
RESTATEMENT AND APPROVAL OF MR. CONCEPCION'S AMENDMENT
At this juncture, upon request of Mr. Padilla, Mr. Concepcion restated his amendment, to wit:
. . . AND SECURE TO OURSELVES AND OUR POSTERITY THE BLESSINGS OF DEMOCRACY UNDER THE RULE OF LAW AND A REGIME OF TRUTH, JUSTICE, FREEDOM AND PEACE DO ORDAIN AND PROMULGATE THIS CONSTITUTION.which amendment was accepted by Mr. Padilla and subsequently approved by the Body.
PROPOSED AMENDMENT OF MR. BACANI
At this point, Mr. Bacani reiterated his amendment to the amendment by inserting the word LOVE and a comma (,) between "peace" and "freedom", which Mr. Ople supported by stating that the Constitutional Commission would have the distinction of being the first in the world to embody the principle of love which could be translated to fraternity, brotherhood of all men and the unity of the people into a single nation.
PROPOSED AMENDMENT OF MR. GASCON
Mr. Gascon proposed to add the word EQUALITY to the word LOVE.
Mr. Bengzon suggested treating the proposals one after the other as other Members may have different opinions on the two proposed amendments.
APPROVAL OF MR. BACANI'S AMENDMENT
Thereupon, the Chair restated the amendment of Mr. Bacani to insert the word LOVE between "peace" and "freedom" and there being no objection, the same was approved by the Body.
APPROVAL OF MR. GASCON'S AMENDMENT
The Chair, likewise restated Mr. Gascon's amendment to insert between the words "love" and "peace" the word EQUALITY to which, Mr. Romulo explained that Mr. Sarmiento's proposal already encompasses the concept of equality.
Mr. Azcuna objected to the deletion of the word "equality" as this may be construed to be a trend in inequality.
Mr. Ople stated that he could not accept "equality" as redundant when it is added to other noble principles like justice and freedom. He agreed with Mr. Azcuna's concern that because it already appeared in the 1973 Constitution, it is no longer a revolutionary idea. He opined that all of mankind have accepted equality as an orthodoxy of the time. He then gave his support to Mr. Gascon's proposed amendment for the word "equality" to be added to a string of similarly noble words in the concluding clause of the proposed Preamble.
Mr. Brocka agreed with Mr. Ople's remarks that the amendment, as amended, does look like string of noble words.
On the approved amendment introduced by Mr. Sarmiento, Mr. Maambong inquired as to whether there was a comma after the words "humane society", to which Mr. Sarmiento stated that there is no comma but a conjunction "and".
The Sponsor accepted Mr. Gascon's amendment to insert the word EQUALITY and, there being no objection, the same was approved by the Body.
AMENDMENT OF MR. DAVIDE
As proposed by Mr. Davide and accepted by the Sponsor, the Body approved an amendment to insert the word HEREBY between "do" and "ordain".
RESTATEMENT OF THE PREAMBLE, AS AMENDED
Thereafter, Mr. Tingson restated the Preamble, as amended, to read as follows:
WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF ALMIGHTY GOD, TO BUILD A JUST AND HUMANE SOCIETY AND TO ESTABLISH A GOVERNMENT THAT SHALL EMBODY OUR IDEALS AND ASPIRATIONS, PROMOTE THE COMMON GOOD, CONSERVE AND DEVELOP OUR PATRIMONY AND SECURE TO OURSELVES AND OUR POSTERITY THE BLESSINGS OF DEMOCRACY UNDER THE RULE OF LAW AND A REGIME OF TRUTH, JUSTICE, FREEDOM, LOVE, EQUALITY AND PEACE, DO HEREBY ORDAIN AND PROMULGATE THIS CONSTITUTION.TERMINATION OF THE PERIOD OF AMENDMENTS
On motion of Mr. Rama, there being no objection, the Body closed the period of amendments.
APPROVAL OF THE PREAMBLE, AS AMENDED
Thereafter, Mr. Tingson moved for the approval of the Preamble, as amended.
Submitted to a vote, with 27 votes in favor, and 2 against, the Body approved the Preamble, as amended,
INQUIRY OF MR. GASCON
At this juncture, Mr. Gascon inquired as to the consensus of the Body with regard to the Independence Day’s celebration as far as the participation of the Commission was concerned, to which Mr. Rama stated that the suggestion was that the Members should group together so that their presence could be felt by the people. In this connection, he urged his colleagues to meet at 7:00 o'clock in the morning at the Luneta for the flag raising ceremony.
On the matter of the 1:00 o'clock ceremony, Mr. Gascon suggested that the Members meet at the Manila Hotel and on the matter of the 10:00 o'clock ceremony, the Chair stated that the Members could meet at Malacañang Hall.
REMARKS OF MR. MONSOD
At this juncture, Mr. Monsod suggested that the Members of the Commission go their own way because some may have other commitments or preferences on which group to join during the parade.
ADJOURNMENT OF SESSION
Thereafter, on motion of Mr. Rama, there being no objection, the Chair declared the session adjourned until nine o'clock in the morning of Friday, June 13, 1986.
It was 6:55 p.m.
I hereby certify to the correctness of the foregoing.
Secretary-General
ATTESTED:
(SGD.) CECILIA MUÑOZ PALMA
President
Approved on June 13, 1986