Supreme Court E-Library
Information At Your Fingertips

  View printer friendly version

CALL TO ORDER

At 5:09 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. Roberto R. Concepcion, to wit:

God Almighty and fountain of all blessings:

We thank Thee for the honor of being Members of this Commission.

Help us capture the spirit of the fateful days of February 22 to 25 when we found our national identity; we were filled with pride of being Filipinos and developed a renewed faith in our capacity to govern ourselves.

Infuse in us the essence of a truly representative democracy, which, founded upon a recognition of the extraordinary potentialities of the ordinary man, relies upon the majority rule, and upholds the rights of the minorities.

Guide us in the awesome task of fashioning our basic political structure, with a government deriving its powers from the governed, always responsive to the will of the people, and subject, at all times, to their authority as sole repository of State sovereignty.

Give us the light to ensure full protection of human rights without any limitations or restrictions, except only those clearly demanded by the defense of survival of those very human rights.

This, we humbly beseech Thee.

In the name of the Father, of the Son, and of the Holy Spirit.

Amen.

SUSPENSION OF SESSION

At this juncture, the Chair suspended the session.

It was 5:14 p.m.

RESUMPTION OF SESSION

At 5:15 p.m., the session was resumed with the Honorable Francisco A. Rodrigo presiding.

ROLL CALL

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

Aquino, F.S.	Padilla, A.B.
Azcuna, A.S.	Muñoz Palma, C.
Bacani, T.C.	Quesada, M.L.M.
Bennagen, P.L.	Rama, N.G.
Bernas, J.G.	De los Reyes, R.F.
Rosario, Braid, F.	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.
Jamir, A.M.K.	Tingson, G.J.
Lerum, E.R.	Treñas, E.B.
Monsod, C.S.	Uka, L.L.
Natividad, T.C.	Villacorta, W.V.
Nolledo, J.N.	Villegas, B.M.
Ople, B.F.

With 39 Members present, the Chair declared the presence of a quorum.

The following Members appeared after the Roll Call:

Alonto, A.D.	Laurel, J.B.
Bengzon, J.F.S. .	Maambong, R.E
Brocka, L.O.	Regalado, F.D.
Guingona, S.V.C.
The following Members were absent:
Abubakar, Y.R.	Nieva, M.T.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 the 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. 142, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION PROVISIONS ON NATIONAL DEFENSE AND SECURITY AND THE POLICE FORCE TO ENSURE THAT THE OFFICERS AND MEN OF THE ARMED FORCES SHALL OWE LOYALTY TO NO ONE EXCEPT TO THE PEOPLE AND THE CONSTITUTION AND TO ENHANCE THEIR HIGH MORAL STANDARDS, AND TO SEPARATE THE POLICE FORCES FROM THE MILITARY AND RETURN ITS CONTROL AND ADMINISTRATION TO LOCAL GOVERNMENTS

Introduced by Honorable Davide, Jr.

Proposed Resolution No. 143, entitled:

RESOLUTION PROHIBITING COURTS FROM ISSUING MINUTE RESOLUTIONS, AMENDING FOR THE PURPOSE SECTION NINE OF ARTICLE TEN OF THE 1973 CONSTITUTION

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 144, entitled:

RESOLUTION TO INCORPORATE IN THE CONSTITUTION A PROVISION INCREASING THE QUALIFICATIONS FOR APPOINTMENT TO THE JUDICIARY, AMENDING FOR THAT PURPOSE SECTION 3 OF ARTICLE X OF THE 1973 CONSTITUTION

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 145, entitled:

RESOLUTION INCREASING THE SALARIES OF JUSTICES AND JUDGES AND PROVIDING THAT THE SAME CANNOT BE DIMINISHED IN ANY MANNER

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 146, entitled:

RESOLUTION ON THE SPECIFICITY AND REQUISITES FOR THE EXERCISE OF THE POWER OF THE SUPREME COURT TO DECLARE THE UNCONSTITUTIONALITY OR INVALIDITY OF TREATIES, EXECUTIVE AGREEMENTS AND LAWS

Introduced by Honorable Regalado

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 147, entitled:

RESOLUTION PROVIDING FOR THE REQUISITES FOR THE IMPOSITION OF THE DEATH PENALTY IN CRIMINAL CASES BY THE SUPREME COURT

Introduced by Honorable Regalado

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 148, entitled:

RESOLUTION TO INCLUDE IN THE NEW CONSTITUTION AN ARTICLE PROVIDING THE PROCEDURE FOR ITS AMENDMENTS

Introduced by Honorable Suarez and Jamir

TO THE COMMITTEE ON AMENDMENTS AND TRANSITORY PROVISIONS

Proposed Resolution No. 149, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A SECTION IN THE TRANSITORY PROVISION FIXING THE TERM OF THE INCUMBENT PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES

Introduced by Honorable Bengzon, Jr.

TO THE COMMITTEE ON AMENDMENTS AND TRANSITORY PROVISIONS

Proposed Resolution No. 150, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION FIXING THE TERM OF OFFICE OF THE MEMBERS OF THE PHILIPPINE CONGRESS/NATIONAL ASSEMBLY

Introduced by Honorable Bengzon, Jr.

TO THE COMMITTEE ON THE LEGISLATIVE

Proposed Resolution No. 151, entitled:

RESOLUTION TO LIMIT THE POWER OF THE PRESIDENT TO DECLARE MARTIAL LAW OR SUSPEND THE WRIT OF HABEAS CORPUS TO THIRTY DAYS ONLY UNLESS AUTHORIZED BY CONGRESS/NATIONAL ASSEMBLY FOR A LONGER PERIOD

Introduced by Honorable Bengzon, Jr.

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 152, entitled:

RESOLUTION TO PROVIDE LIMITS TO THE EXERCISE OF MARTIAL LAW POWERS BY THE EXECUTIVE

Introduced by Honorable Romulo

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution 153, entitled:

RESOLUTION PROPOSING THE CREATION OF A JUDICIAL COUNCIL

Introduced by Honorable Romulo

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 154, entitled:

RESOLUTION TO LIMIT THE POWER TO ISSUE SEARCH AND ARREST WARRANTS TO JUDGES

Introduced by Honorable Romulo

TO THE COMMITTEE ON CITIZENSHP, BILL RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS

Proposed Resolution No. 155, entitled:

RESOLUTION PROPOSING PRESIDENTIAL POWER TO DISSOLVE THE NATIONAL ASSEMBLY UNDER CERTAIN CONDITIONS

Introduced by Honorable Azcuna

TO THE. COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 156, entitled:

RESOLUTION PROPOSING A SIX-YEAR TERM OF THE PRESIDENT, PROHIBITING IMMEDIATE RE-ELECTION, AND PROVIDING FOR A POSSIBLE MIDTERM ELECTION

Introduced by Honorable Azcuna

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 157, entitled:

RESOLUTION PROPOSING THE POWER OF THE NATIONAL ASSEMBLY TO CALL SPECIAL MIDTERM PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS

Introduced by Honorable Azcuna

TO THE COMMITTEE ON THE LEGISLATIVE.

Proposed Resolution No. 158, entitled:

RESOLUTION PROPOSING RESTRICTIONS ON THE POWER OF THE PRESIDENT TO SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS OR TO DECLARE MARTIAL LAW BY PROVIDING FOR THE CONCURRENCE OF THE NATIONAL ASSEMBLY, REVIEW BY THE SUPREME COURT UPON A WRIT OF AMPARO, AND OTHER LIMITS

Introduced by Honorable Azcuna

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 159, entitled:

RESOLUTION PROPOSING TO CONFER ON THE SUPREME COURT JURISDICTION TO REVIEW VIOLATIONS OF THE CONSTITUTION BY THE PETITION FOR A WRIT OF AMPARO

Introduced by Honorable Azcuna

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 160, entitled:

RESOLUTION TO INCLUDE IN THE BILL OF RIGHTS CERTAIN RIGHTS IN BEHALF OF VICTIMS OF CRIMES

Introduced by Honorable De los Reyes, Jr.

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

Proposed Resolution No. 161, entitled:

RESOLUTION PROVIDING FOR A SEPARATE ARTICLE ON SUFFRAGE, INITIATIVE AND REFERENDUM, AND RECALL

Introduced by Honorable De los Reyes, Jr.

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

Proposed Resolution No. 162, entitled:

RESOLUTION PROVIDING FOR THE MAINTENANCE OF A SYSTEM OF COMPREHENSIVE NON-FORMAL EDUCATION IN THE COUNTRY

Introduced by Honorable Rosario Braid

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 163, entitled:

RESOLUTION ENSURING EQUAL ACCESS AND OPPORTUNITY TO EDUCATION TO ALL CITIZENS THROUGH SCHOLARSHIPS, GRANTS AND OTHER SUPPORT SYSTEMS

Introduced by Honorable Rosario Braid

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 164, entitled:

RESOLUTION PROVIDING THAT MEDIA OF COMMUNICATION SHALL PROMOTE, STRENGTHEN AND PROTECT OUR NATIONAL CULTURAL IDENTITY, FOSTER CONSTRUCTIVE VALUES, CUSTOMS AND TRADITIONS AND AFFORD RESPECT TO THE CULTURE OF NATIONAL MINORITIES

Introduced by Honorable Rosario Braid

TO THE COMMITTEE ON GENERAL PROVISIONS

Proposed Resolution No. 165, entitled:

RESOLUTION PROVIDING FOR THE RECOGNITION OF THE RIGHT OF THE PEOPLE TO HAVE ACCESS TO INFORMATION OF PUBLIC CONCERN AS WELL AS TO UNFETTERED PARTICIPATION IN THE DISSEMINATION OF INFORMATION

Introduced by Honorable Rosario Braid

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

Proposed Resolution No. 166, entitled:

RESOLUTION PROVIDING FOR A DECENTRALIZED SYSTEM OF FORMULATING EDUCATIONAL POLICIES AND PROGRAMS WITH THE BROADEST PARTICIPATION OF ALL SECTORS OF THE COMMUNITY

Introduced by Honorable Rosario Braid

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 167, entitled:

RESOLUTION TO DECLARE RURAL DEVELOPMENT AS A PRIMARY OBLIGATION OF THE STATE

Introduced by Honorable Rosario Braid

TO THE COMMITTEE ON SOCIAL JUSTICE AND SOCIAL SERVICES

Proposed Resolution No. 168, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION REQUIRING THE STATE TO ENSURE THAT THE MEMBERS OF THE FACULTY AND THE STUDENT BODY OF AN INSTITUTION OF HIGHER LEARNING SHALL ENJOY FULL AUTONOMY, FREEDOM FROM ALL POLICE AND MILITARY SURVEILLANCE AND HARASSMENT, FULL ACCESS TO INFORMATION ABOUT INSTITUTIONAL AND PUBLIC AFFAIRS, AND THE RIGHT TO PARTICIPATE IN THE MAKING OF POLICY AND IN THE MANAGEMENT OF THE INSTITUTIONS OF LEARNING TO WHICH THEY ARE A PART

Introduced by Honorable Sarmiento and Gascon

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 169, entitled:

RESOLUTION PROVIDING ADDITIONAL SAFEGUARDS TO THE CIVIL RIGHTS OF INDIVIDUALS VERSUS THE GOVERNMENT

Introduced by Honorable Tadeo and Tan

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

COMMUNICATIONS
Communication No. 17 — Constitutional Commission of 1986

Letter from the Maternal and Child Health Association of the Philippines (MCHAP) signed by Dr. Fe del Mundo and Dr. Aquilino B. Esguerra, transmitting proposals for the protection of Filipino mothers and children

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

Communication No. 18 — Constitutional Commission of 1986

Letter from Honorable Celerina G. Gotladera, Officer-in-Charge, Civil Service Commission transmitting proposals bearing on the civil service

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Communication No. 19 — Constitutional Commission of 1986

Letter from the PLUM Federation signed by Messrs. Jesus P. Robleza and Salvador A. Purisima, proposing provisions on free choice of employment, just and fair conditions of work; a unicameral legislature; creation of a People's Tribune to nominate judicial and executive officers; limiting to Filipinos the exploitation of natural resources and operation of public utilities; use of government funds for social services, and the inclusion of labor and industrial relations courses in all levels of education

TO THE STEERING COMMITTEE

REMARKS OF MR. TINGSON

Mr. Tingson, on behalf of the Constitutional Commission, thanked the Philippine Bible Society for the gift of love it had given to the Members — a copy each of the Good News Bible.

He informed that the Philippine Bible Society has existed in the Philippines since 1899 and has as its Chairman, the Honorable Emmanuel Pelaez and as Vice-Chairman, Bishop George Castro. He said that the Society has other well-known personalities for officers and he acknowledged the presence of some of them in the Session Hall. He likewise mentioned that the Rev. Cirilo A. Rigos, now Member of the Commission, was the President of the Society for two consecutive terms before Mr. Pelaez.

Underscoring its importance as a guide to the conduct of one's life, Mr. Tingson stated that the Bible, according to the Gideons, contains the mind of God, the state of man, the way to salvation, the doom of sinners and the happiness of believers; its doctrines are holy, its precepts are binding, its histories are true and its decisions are immutable.

RESOLUTION OF SYMPATHY FOR VICE-PRESIDENT PADILLA

On motion of Mr. Romulo, seconded by Mr. Alonto, there being no objection, the Body unanimously approved the adoption of a Resolution, to be appropriately worded by the Committee on Style, extending the condolence and sympathy of the Members of the Constitutional Commission to Vice President Padilla on the death of his distinguished brother, the late Justice Sabino Padilla.

SUSPENSION OF SESSION

At this juncture, the Chair suspended the session.

It was 5:32 p.m.

RESUMPTION OF SESSION

At 5:35 p.m., the session was resumed

CHANGE IN REFERRAL OF PROPOSED RESOLUTION NO. 70

On motion of Mr. Tingson, there being no objection, the Body approved the change in referral, from the Committee on General Provisions to the Committee on Preamble, National Territory and Declaration of Principles, of proposed Resolution No. 70, en titled:

Resolution to incorporate in the Constitution the provision on the separation of Church and State.

ADJOURNMENT OF SESSION

Thereafter, on motion of Mr. Calderon, to enable the Members to attend Committee meetings, the Chair declared the session adjourned until five o'clock in the afternoon of the following day.

It was 5:36 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 19, 1986