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CALL TO ORDER

At 3:30 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. Crispino M. de Castro, to wit:

Panginoon, kami po ay naririto ngayon upang bumalangkas ng isang Saligang Batas na nararapat at minimithi ng sambayanang Pilipino.

Bigyan Mo po kami ng lakas, masusing pag-pupunyagi at sapat na karunungan upang matamo namin ang layunin at pangarap ng aming bayan.

Huwag Mo pong bayaang malihis ang aming landas sa aming gawain upang ito ay matapos namin sa lalong madaling panahon sapagkat ito po ang inaasahan sa amin ng buong bayang Pilipino.

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

With 46 Members present, the Chair declared the presence of a quorum.

The following Members were absent:

Alonto, A. D.

Ople, B. F.

READING AND APPROVAL OF THE JOURNAL

On motion of Mr. Calderon, 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. Calderon, 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. 115, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION PROHIBITING A GENERAL REVAMP OF THE JUDICIARY BY LEGISLATION

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 116, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION REQUIRING THE SUBMISSION TO THE SUPREME COURT WITHIN TEN DAYS FOLLOWING ITS APPROVAL ORGANIC LAWS WHICH AFFECT THE RIGHTS OF THE PEOPLE TO LIFE, LIBERTY AND PROPERTY AND PROVIDING THAT THE SAME SHALL TAKE EFFECT ONLY AFTER SAID COURT SUSTAINS ITS CONSTITUTIONALITY

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 117, entitled:

RESOLUTION CALLING FOR THE INCORPORATION IN THE NEW CONSTITUTION A PROVISION WHICH WOULD INDUCE AN ELECTIVE OFFICIAL TO ASSUME HIS POSITION WITHOUT DELAY BY SETTING ASIDE HIS ELECTION AND DISQUALIFYING HIM TO HOLD ANY PUBLIC OFFICE IF HE FAILS TO ASSUME OFFICE WITHIN THIRTY DAYS FOLLOWING THE DATE FIXED BY LAW FOR HIM TO DO SO

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 118, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION REQUIRING THE APPROVAL OR CONSENT OF THE LEGISLATURE FOR THE EFFECTIVITY AND VALIDITY OF TREATIES, EXECUTIVE AGREEMENTS AND RECOGNITION OF STATES OR GOVERNMENTS

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 119, entitled:

RESOLUTION REDUCING THE RETIREMENT AGE OF MEMBERS OF THE SUPREME COURT AND JUDGES OF INFERIOR COURTS FROM SEVENTY TO SIXTY-FIVE

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 120, entitled:

RESOLUTION PROCLAIMING THE INCUMBENT PRESIDENT AND VICE-PRESIDENT AS THE DULY ELECTED PRESIDENT AND VICE-PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES DURING THE ELECTIONS OF FEBRUARY 7, 1986

Introduced by Honorable De Castro

TO THE COMMITTEE ON AMENDMENTS AND TRANSITORY PROVISIONS

Proposed Resolution No. 121, entitled:

RESOLUTION TO TAKE POSITIVE AND STRICT MEASURES AGAINST GRAFT AND CORRUPTION IN ALL LEVELS OF GOVERNMENT AND SOCIETY

Introduced by Honorable De Castro

TO THE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS

Proposed Resolution No. 122, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION STATING THE FORM OF THE NATIONAL ECONOMY MOST CONDUCIVE TO THE ATTAINMENT OF A JUST AND HUMANE SOCIETY

Introduced by Honorable Villegas

TO THE COMMITTEE ON NATIONAL ECONOMY AND PATRIMONY

Proposed Resolution No. 124, entitled:

RESOLUTION REQUIRING CONCURRENCE OF THE CENTRAL MONETARY AUTHORITY AND DUE NOTICE TO THE LEGISLATURE BEFORE GOVERNMENT GUARANTEES ARE EXTENDED TO FOREIGN BORROWINGS

Introduced by Honorable Ople, De los Reyes, Jr. and Maambong

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 125, entitled:

RESOLUTION TO INCLUDE IN THE ACCOUNTABILITY OF PUBLIC OFFICERS A PROVISION THAT THE ARBITRARY REMOVAL AND/OR REPLACEMENT OF ELECTIVE PUBLIC OFFICIALS IS A CULPABLE VIOLATION OF THE CONSTITUTION AS A GROUND FOR IMPEACHMENT

Introduced by Honorable Ople, Maambong, Natividad and De los Reyes, Jr.

TO THE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS

Proposed Resolution No. 126, entitled:

RESOLUTION TO INCLUDE IN THE GENERAL PROVISIONS OR DECLARATION OF PRINCIPLES A PROVISION TO AID AND ASSIST THE DISABLED, HANDICAPPED, ORPHANS, AGED AND OTHER DISADVANTAGED CITIZENS

Introduced by Honorable De los Reyes, Jr., Maambong and Natividad

TO THE COMMITTEE ON SOCIAL JUSTICE AND SOCIAL SERVICES

Proposed Resolution No. 127, entitled:

RESOLUTION TO INCLUDE IN THE GENERAL PROVISIONS OR DECLARATION OF PRINCIPLES A PROVISION TO PREVENT THOUGHTLESS EXTRAVAGANCE, AND CONSPICUOUS CONSUMPTION, PROHIBIT AND DISCOURAGE ACTIVITIES WHICH PROMOTE INDOLENCE AND ARE NON-PRODUCTIVE

Introduced by Honorable De los Reyes, Jr.

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

Proposed Resolution No. 128, entitled:

RESOLUTION PROHIBITING THE PRESIDENT, VICE-PRESIDENT AND MEMBERS OF THE CABINET AND THEIR DEPUTIES FROM HOLDING ANY OTHER OFFICE AND FROM ENGAGING IN ACTIVITIES WHICH MAY GIVE RISE DIRECTLY OR INDIRECTLY TO CONFLICT OF INTEREST IN THE CONDUCT OF THEIR OFFICE, AND TO PROHIBIT THE PRACTICE OF NEPOTISM BY SAID OFFICIALS

Introduced by Honorable Ople, De los Reyes, Jr. and Maambong

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 129, entitled:

RESOLUTION TO INCLUDE IN THE TRANSITORY PROVISIONS AN ARTICLE REVERTING TO THE COURTS THE POWER OF SEQUESTRATION PRESENTLY VESTED IN ANY GOVERNMENT ENTITY UPON THE RATIFICATION OF THE PROPOSED CONSTITUTION

Introduced by Honorable Ople, Natividad, De los Reyes, Jr. and Maambong

TO THE COMMITTEE ON AMENDMENTS AND TRANSITORY PROVISIONS

Proposed Resolution No. 130, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE WHICH WOULD PROVIDE ASSISTANCE TO PRIVATE EDUCATION

Introduced by Honorable Guingona

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 131, entitled;

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE WHICH WOULD ENSHRINE THEREIN THE EXERCISE OF PEOPLE'S POWER

Introduced by Honorable Guingona

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

Proposed Resolution No. 132, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE ON THE EXEMPTION OF EDUCATIONAL INSTITUTIONS FROM REAL ESTATE TAXATION

Introduced by Honorable Guingona

TO THE COMMITTEE ON THE LEGISLATIVE

Proposed Resolution No. 133, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION ARTICLES FOR THE EFFECTIVE PROFESSIONALIZATION OF THE ARMED FORCES

Introduced by Honorable Guingona

TO THE COMMITTEE ON GENERAL PROVISIONS

Proposed Resolution No. 134, entitled:

RESOLUTION PROVIDING THAT THE STATE SHALL ESTABLISH AND MAINTAIN AN EDUCATIONAL SYSTEM RELEVANT TO THE NEEDS OF THE PEOPLE AND THE GOALS OF NATIONAL DEVELOPMENT

Introduced by Honorable Rosario Braid

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 135, entitled:

RESOLUTION TO INCLUDE A SEPARATE ARTICLE ON THE CIVIL SERVICE TO ENSURE ITS INDEPENDENCE

Introduced by Honorable Rosario Braid

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 136, entitled:

RESOLUTION TO PROVIDE AN AMENDED PROVISION ON NATIONAL TERRITORY IN THE NEW CONSTITUTION   

Introduced by Honorable Nolledo

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

Proposed Resolution No. 137, entitled:

RESOLUTION TO PROVIDE IN THE TRANSITORY PROVISIONS THAT THE COMMISSIONS ON GOOD GOVERNMENT AND HUMAN RIGHTS BE GIVEN A PERIOD OF ONE YEAR FROM THE DATE OF RATIFICATION OF THE NEW CONSTITUTION TO FINISH THEIR ASSIGNED TASKS AND TO RATIFY ALL THE ACTS AND DECISIONS OF THESE COMMISSIONS

Introduced by Honorable Nolledo

TO THE COMMITTEE ON AMENDMENTS AND TRANSITORY PROVISIONS

Proposed Resolution No. 138, entitled:

RESOLUTION TO INSERT IN THE NEW CONSTITUTION PROVISIONS ON MEANINGFUL AND AUTHENTIC DECENTRALIZATION OF LOCAL GOVERNMENTS BY ADOPTING WITH MODIFICATIONS THE PROPOSED PROVISIONS BY THE UP LAW CONSTITUTION PROJECT

Introduced by Honorable Nolledo

TO THE COMMITTEE ON LOCAL GOVERNMENTS

Proposed Resolution No. 139, entitled:

RESOLUTION PROVIDING FOR THE SECURITY OF TENURE OF CIVIL SERVICE EMPLOYEES WHOSE QUALIFICATIONS MEET THE STANDARD OF GOOD GOVERNMENT AND WHO HAVE BEEN FOUND EFFICIENT, DESERVING AND HONEST

Introduced by Honorable Suarez, Jamir and Tadeo

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 140, entitled:

RESOLUTION PROVIDING FOR THE SECURITY OF TENURE OF THE MEMBERS OF THE JUDICIARY

Introduced by Honorable Suarez, Jamir and Tadeo

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 141, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE ON NATIONAL TERRITORY

Introduced by Honorable Tingson

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

COMMUNICATION
Communication No. 16 — Constitutional Commission of 1986

Letter from Mr. Eliseo P. Ocampo, president of Concerned Citizens of San Juan, Metro Manila, Inc., transmitting a resolution of its board of  directors proposing guidelines in the drafting of the Constitution

TO THE STEERING COMMITTEE

MANIFESTATION OF MR. VILLEGAS

Thereafter, on request of Mr. Calderon, the Chair recognized Mr. Villegas who manifested that the Committee on National Economy and Patrimony has decided to postpone consideration of Article XIV of the Constitution until all the sections embraced therein shall have been presented to the Committee.

MR. BENGZON'S QUESTION OF PRIVILEGE

At this juncture, Mr. Bengzon sought recognition to speak on a question of collective privilege relative to the news item in the day's issue of Pahayagang Malaya on the alleged $20 million offer of the United States Government as research aid to the Constitutional Commission.

The Chair, however, invited attention to the rule that, except on urgent issues, questions of privilege may be availed of only on Fridays, in reply to which, Mr. Bengzon stated that he was indeed raising an urgent matter.

In view thereof, the Body gave unanimous consent for Mr. Bengzon to take the floor on a question of privilege.

Thereupon, adverting to the newspaper's headline captioned "US Interference in ConCom Bared," Mr. Bengzon stated that the records in the Office of the Secretary-General and in the Office of the President of the Commission would show that there was no such offer made to the Commission, whether officially or unofficially. He stated that the Commission would not need such assistance and that the Members of the Commission who were chosen because of their nationalism, integrity, probity and independence of mind, would not accept any offer, monetary or otherwise, from any foreign country.

MR. NOLLEDO'S QUESTION OF PRIVILEGE

Thereafter, Mr. Nolledo rose on the same question of personal and collective privilege, stating that he was quoted as the source of the news item, and that some Members were jokingly asking him for an accounting of the amount. He stated that had he received the amount, he would have resigned and joined Mr. Marcos in Hawaii.    

He explained that the news probably came about because of a comment he gave to a newsman on an alleged $2 million research aid offered by the United States through the Ford Foundation as published in the Business Day three weeks before the inauguration of the ConCom, but which statements he said he gave on condition that no press release would be made thereon. He expressed regret over the breach of the said agreement.

He recalled that he was just deploring foreign interference, stating that the offer could be interpreted as indirect bribery.

He also recalled that even Mr. Ople read about the offer but did not confirm the truth about it, as erroneously published in Pahayagang Malaya.

He also pointed out that in his statement, denied that the various drafts of the Constitution submitted to the ConCom were financed by the U.S. Government, since the Philippines has sufficient facilities to formulate a new Constitution and does not need foreign funding for research.

Finally, he expressed certainty that if ever there was an offer, the Commission would have rejected it.

COMMENTS OF MR. SUAREZ

At this juncture, Mr. Suarez posed the propriety of the advertence to Mr. Ople who was not in the Session Hall.

Replying, however, to his query on whether Mr. Ople would be given the opportunity to clarify the matter, the Chair stated that it all depends on whether Mr. Ople desires to avail of the privilege at the opportune time.

MANIFESTATION OF MR. BENGZON

Thereupon, Mr. Bengzon manifested that the remarks made after his question of privilege may be personal and that all he wanted to stress was the fact that nothing in the records of the Commission would show any official or unofficial offer made by the United States Government to the ConCom.

MANIFESTATION OF MR. DE CASTRO

Likewise, Mr. de Castro informed the Body that a lady correspondent approached and asked him on the truth of the $20 million offer which he denied. He stated that if the United States would spend a cent, it must have some strings attached to it. He said he also told the reporter that if he would see the man making the offer, he would throw him out of the window.

MOTION OF MR. CALDERON

At this juncture, Mr. Calderon moved for a vote on Third Reading on Resolution No. 72, as amended.

MOTION OF MR. BROCKA

Thereupon Mr. Brocka moved for a reconsideration of the approval of Resolution No. 72 on Second Reading.

Mr. Rodrigo, however, pointed out that a reconsideration at that stage would violate Section 42 of the Rules which provides that it must be made on the same or succeeding session day.

He suggested that the remedy left to a Member would be to explain his vote or move for suspension of the Rules.

Mr. Brocka then moved for a suspension of the Rules.

Mr. Rodrigo objected.

SUSPENSION OF SESSION

The Chair suspended the session.

It was 4:03 p.m.

RESUMPTION OF SESSION

At 4:08 p.m., the session was resumed.

WITHDRAWAL OF MR. BROCKA'S MOTION

Upon resumption, Mr. Brocka withdrew his motion.

APPROVAL ON THIRD READING, OF RESOLUTION NO. 72, AS AMENDED

Upon call of Mr. Calderon, the Chair declared in order voting on Third Reading on Resolution No. 72, as amended, entitled:

Resolution proposing to adopt a Preamble to the Constitutions.

The Secretary-General of the Commission called the Roll for nominal voting, and thereafter, a second Roll Call was made.

EXPLANATION OF VOTES

The following Members explained their votes.

By Ms. Aquino

Explaining her negative vote, Ms. Aquino observed that the Preamble failed to do justice to the courage and determination of the Filipino people by embodying therein the very unique historical experience which stood as the most eloquent celebration as to how it was done. She maintained that a Preamble is an explanation of the intent of the law and sets the origin, scope and purpose that would aid in explaining some of the ambiguous provisions.

On the process of deliberating on the proposed resolution, Ms. Aquino observed that while it left the impression that the Body is aware of the urgency of its tasks, it may also fall into the trap of rushing the approval of a Constitution that does not really echo what the people want.

Finally, she stressed that the Commission's task is to chart a new course in our history and to draft a Constitution for the future, unfettered by the requirements of political expediency.  

By Mr. Brocka

In addition to the reservation he had expressed in the previous session, Mr. Brocka, explaining his negative vote, concurred with Ms. Aquino’s observation that the Preamble should reflect the unique experience the people went through rather than what looks to be a copy of the Preamble of the 1935 and 1973 Constitutions.

He then presented, just for the record, two alternative formulations, to wit:

1. We, the sovereign Filipino people, guided by the principle that the voice of the people is the voice of God, striving to build a just and humane society, desiring to establish a government that shall work to realize our aspirations for peace, democracy and independence, adopt and promulgate this Constitution.

2. We, the sovereign Filipino people, from whom all government authority emanates, striving to build a humane society based on truth, justice, peace, democracy and independence, adopt and promulgate this Constitution.

Mr. Brocka stressed that substance and originality should not be sacrificed in order to hasten the promulgation of a Preamble.

Mr. Brocka registered a negative vote.

By Mr. Calderon

Mr. Calderon observed that no other constitution in the world contains the word "love" in its Preamble. He said that the Bible has love for its message and that it is not necessary to enshrine it in the Constitution for the people to be imbued with love.

He abstained.

By Mr. Garcia

Mr. Garcia stated that he was registering a negative vote on two grounds: 1) that on the process, he felt that for the sake of brevity and speed, the Body had come up with something to show the public but that, the Preamble being such an important part of the Constitution, it is only after a thorough debate on substantial issues that one can capture the spirit and essence of what he wishes to express therein; and 2) on substance, that the Preamble should have captured the nation's experience of putting an end to twenty years of dictatorial rule and its effort to bring about a whole new direction, one that is self-determined and independent.

By Mr. Gascon

Mr. Gascon also voted against the Resolution on the ground that the process through which it went negated his understanding that it would not be voted upon on Third Reading until after consultations with the people; and that substantial changes could be made after such consultations. He maintained that the people were not given sufficient opportunity to contribute to the substance of the Preamble.

By Mr. Jamir

Mr. Jamir abstained from voting and adopted Mr. Gascon's remarks for his explanation.

By Mr. Maambong

In abstaining from voting, Mr. Maambong stated that the Body had scheduled public hearings, thereby giving the impression that it would not vote on the Preamble or on the substantive provisions of the Constitution until after such hearings. He agreed with Mr. Garcia's observation that the Body should wait for the whole and complete substance of the Constitution in order that the sentiments of the people may be truly reflected in the Preamble.

By Mr. Monsod

Explaining his affirmative vote, Mr. Monsod stated that although the February Revolution should find expression in the Constitution, it should not be given too much emphasis because what happened through all the years were part of the process and that the people who struggled even when there were no miracles to see also deserve commendation.

Mr. Monsod also agreed that it would have been better to have deferred the vote on Second Reading until after consultation with the people.

Notwithstanding his reservation, Mr. Monsod voted "Yes," stating that the Preamble meets the criterion of reflecting the sentiments of the people.

By Mr. Padilla

Mr. Padilla ,voted "Yes," stating that he is in agreement with the substance of the Preamble although his suggestions to insert "progress" after "peace" and to change "equality" to "equity" were not favorably considered.

By Mrs. Quesada

In explaining her negative vote, Mrs. Quesada stated that she shared Ms. Aquino's view that the Body should go through the process of consulting the people before finalizing any part of the Constitution.

By Mr. De los Reyes

Mr. de los Reyes explained his affirmative vote, stating that the proposed Preamble is an improvement on the one found in the 1973 Constitution. He agreed in the inclusion of the phrase "to build a just and humane society" and, although initially he was against the inclusion of the word "love," he later decided that there is nothing wrong in enshrining it in the Preamble.

He stated that the word "love" could instill upon potential leaders the qualities needed to be one. He believed it could also stop indiscriminate sequestration of properties, arbitrary dismissal and ouster of duly elected officials and Civil Service eligibles, the sword of Damocles hanging over the heads of members of the Judiciary, violent dispersal of rallies and demonstrations, vindictiveness and other acts which exacerbate political passion.

On the response of his provincemates in Laguna, Mr. de los Reyes stated that some hailed the proposed Preamble as a literary masterpiece while others consider it too long and redundant.

By Mr. Romulo

Voting affirmatively on the Resolution, Mr. Romulo said that while words and phrases are important, in the end the Constitution would be what the people would make of it. And, adverting to a statement of a Justice of the U.S. Supreme Court, he focused attention to the quotation "the life of the law is not really in logic but in experience."

He also stated that there is nothing undignified about the word "love" since it embodies the principle of charity into the Constitution, making it unique. He stressed that the Commission is really concerned with substance rather than form.    

By Mr. Sarmiento

Mr. Sarmiento abstained from voting because of the lack of democratic consultation which could make people secure in the thought that they had been active participants, not just spectators, in the formulation of the Constitution.

By Mr. Suarez

Explaining his abstention, Mr. Suarez stated that the proposed Preamble does not truly express the highest ideals and aspirations of the Filipino people.

By Mr. Sumulong

Mr. Sumulong registered an abstention, stating that being the epitome, condensation or synthesis of what is contained in the Constitution, the Preamble should not precede the final consolidated draft. He expressed the hope that the proposed Preamble would harmonize with the final consolidated draft, otherwise it would be the Members' duty to submit amendments needed to harmonize the Preamble with the final consolidated draft.

By Mr. Tadeo

Explaining his negative vote, Mr. Tadeo stated that the Commission could offset its weakness arising from the fact that its Members were merely appointed, by consulting the people before approving any proposal that would go into the framing of the Constitution.

He said there was no such consultation in the instant proposal.

On his proposal to include the phrase "Lord of History" instead of "Almighty God," he stressed that it is the farmers' clamor to recognize a living God, who could be identified with the poor and with the struggles of the masses, peasants and workers.

He stated that had the phrase "popular democracy" been included, it would eliminate the notion of elite democracy which had been carried over from the 1935 and 1973 Constitutions.

By Mr. Tan

Ms. Tan cast a negative vote, stating that the proposed Preamble does not convey in word or sense the soul of a people who had gone through decades of tyranny, protests, sufferings and courage. She said that there could have been greater possibility of these imprints in the Preamble had it been written after the main body of the Constitution.

By Mr. Tingson

Explaining his affirmative vote, Mr. Tingson stated that the Preamble is a collective prayer on behalf of a suffering people and because it contains the goals, aims and purposes of the draft Constitution, the Preamble would give the people an idea as to what provisions they would want written into the Constitution. He stated that with "God" in the Preamble the people would always be reminded of the Scriptures, particularly of the teaching that man does not live by bread alone.

The word "love," Mr. Tingson said, embraces the other virtues of truth, justice, freedom, equality and peace. He stressed that the recent revolution was actually a demonstration of love.

By Mr. Uka

Mr. Uka voted "Yes," although he manifested that he would have included the word "brotherhood" between "freedom" and "love." He also agreed in the inclusion of the word "love," it being a many-splendored thing preached by the greatest men of God.

By Mr. Villacorta

In explaining his negative vote, Mr. Villacorta stated that while the proposed Preamble contains laudable features, particularly in the unabashed acknowledgment of Almighty God and the exhortation of a just and humane society, the Body was called upon to pass a constitutional provision without benefit of a public hearing contrary to the stipulations of Proclamation No. 9. He pointed out that even the Members, among themselves, had not fully exhausted the discussions on the fundamental concepts of justice and democracy.

He observed that the word "love" has no place in the Constitution because while it may speak of truth, justice, freedom, equality, and peace, love is something which could not be constitutionalized or legislated on.

Finally, he maintained that the Preamble should not only embody the spirit of the Constitution but should also provide the ideological and historical context in which the fundamental law was framed. He decried the lack of reference to the February 1986 revolution and its timely significance.

RESULT OF THE VOTING 

The result of the voting was as follows:
In favor:
Abubakar	Foz	De los Reyes
Azcuna	Guingona	Rigos
Bacani	Lerum	Rodrigo
Bengzon	Monsod	Romulo
Bernas	Natividad	Rosales
Rosario Braid	Nieva	Tingson
De Castro	Nolledo	Treñas
Concepcion	Padilla	Uka
Davide	Regalado	Villegas
Against:
Aquino	Garcia	Tadeo
Bennagen	Gascon	Tan
Brocka	Quesada	Villacorta
Abstention:
Calderon	Maambong	Suarez
Jamir	Rama	Sumulong
Laurel	Sarmiento

With 26 votes in favor, 9 against and 8 abstentions, the Body approved, on Third Reading, Resolution No. 72, as amended.

PARLIAMENTARY INQUIRY OF MR. RIGOS

In reply to Mr. Rigos' inquiry, the Chair stated that the Body had approved both Committee Report No. 1 and Resolution No. 72.

POINT OF INFORMATION OF MR. BENGZON

At this juncture, Mr. Bengzon informed the Body that the Steering Committee had completed the schedules of Committee hearings, copies of which would be distributed to the Members. He stated that Committee hearings were scheduled from June 16 to July 3 and that July 4 was left open for Committees that would like to meet despite the holiday.

SUSPENSION OF SESSION

At this juncture, the Chair suspended the session.

It was 4:59 p.m.

RESUMPTION OF SESSION

At 5:04 p.m., the session was resumed.

Upon resumption of session, the Chair made a correction in the announcement of the result of the voting, as follows: 

In favor	—	27 votes
Against	—	9 votes
Abstention	—	8 votes

PARLIAMENTARY INQUIRY OF MR. MAAMBONG

At this juncture, Mr. Maambong inquired if the Secretary-General had complied with Section 59 of the Rules which provides for copies of speeches or interpellations to be disseminated by the Secretary-General to the Members to allow them to make the necessary corrections within three days from receipt thereof, in reply to which, the Chair instructed the Secretary-General to attend to the matter.  

SCHEDULE OF COMMITTEE MEETINGS

Mr. Bengzon informed the Body that Committee meetings of the Committee on Citizenship, Bill of Rights, Political rights and Obligations and Human Rights had been scheduled, for the time being, from 12:00 noon to 2:00 p.m.

ADJOURNMENT OF THE SESSION

On motion of Mr. Calderon, there being no objection, the Chair declared the session adjourned until five o’clock in the afternoon of the following day.

It was 5:08 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 18, 1986