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[ VOL. I, June 24, 1986 ]
R.C.C. NO. 16
OPENING OF SESSION
At 5:17 p.m., the President, the Honorable Cecilia Muñoz Palma, opened the session.
THE PRESIDENT: The session is called to order.
NATIONAL ANTHEM
THE PRESIDENT: Everybody will please rise to sing the National Anthem.
Everybody rose to sing the National Anthem.
THE PRESIDENT: Everybody will please remain standing for the Prayer to be led by the Honorable Edmundo G. Garcia.
Everybody remained standing for the Prayer.
PRAYER
MR. GARCIA: A reading from the Gospel according to Luke, Chapter 4, verses 16-19:
Then Jesus went to Nazareth, where he had been brought up, and on the Sabbath he went as usual to the synagogue. He stood up to read the Scriptures and was handed the book of the prophet Isaiah. He unrolled the scroll and found the place where it is written.
'The Spirit of the Lord is upon me, because He has chosen me to bring good news to the poor. He has sent me to proclaim liberty to the captives and recovery of sight to the blind, to set free the oppressed and announce that the time has come when the Lord will save His people.'
Dear God, our Father, You, who so loved the world that You pitched Your tent among us, be with us today as we work together in drafting the law of the land that will help set our people free: free from poverty and hunger, free from injustice and oppression, free to break down the barriers which prevent us from truly becoming brothers and sisters to one another.
Lord, Father of us all, forgive us for our shortcomings Help us to listen and learn, to respect the word of another and to understand the concern of those who are poor and powerless.
We are a rich country, but our people are poor. We are an independent Republic, but we are still struggling to be sovereign. We want to be a nation, proud to walk our own path, before the concert of nations.
Lord of our history, Father of our people, be with us as we march towards a new day and help us realize in these halls that brother helped by brother is like a strong city built on the rock of faith in our people and hope that one day we shall all be free. Amen.
ROLL CALL
THE PRESIDENT: The Secretary-General will call the roll.
THE SECRETARY-GENERAL, reading:
The President is present.
The roll call shows 43 Members responded to the call.
THE PRESIDENT: The Chair declares the presence of a quorum.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
APPROVAL OF JOURNAL
MR. ALONTO: I move that we approve the Journal of the previous session.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. ALONTO: Madam President, I move that we proceed to the Reference of Business.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
The Secretary-General will read the Reference of Business.
REFERENCE OF BUSINESS
The Secretary-General read the following Proposed Resolutions on First Reading and Communications, the President making the corresponding references:
PROPOSED RESOLUTIONS ON FIRST READING
Proposed Resolution No. 229, entitled:
To the Committee on Accountability of Public Officers.
Proposed Resolution No. 230, entitled:
To the Committee on General Provisions.
Proposed Resolution No. 231, entitled:
To the Committee on Preamble, National Territory, and Declaration of Principles.
Proposed Resolution No. 232, entitled:
To the Committee on the Judiciary.
Proposed Resolution No. 233, entitled:
To the Committee on the Judiciary.
Proposed Resolution No. 234, entitled:
To the Committee on the Executive.
Proposed Resolution No. 235, entitled.
To the Committee on the Legislative.
Proposed Resolution No. 236, entitled:
To the Committee on the Judiciary.
Proposed Resolution No. 237, entitled:
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 238, entitled:
To the Committee on Constitutional Commissions and Agencies.
Proposed Resolution No. 239, entitled:
To the Committee on Constitutional Commissions and Agencies.
Proposed Resolution No. 240, entitled:
To the Committee on Constitutional Commissions and Agencies.
Proposed Resolution No. 241, entitled:
To the Committee on Amendments and Transitory Provisions.
Proposed Resolution No. 242, entitled:
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 243, entitled:
To the Committee on General Provisions.
Proposed Resolution No. 244, entitled:
To the Committee on Constitutional Commissions and Agencies.
Proposed Resolution No. 245, entitled:
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 246, entitled:
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 247, entitled:
To the Committee on Local Governments.
Proposed Resolution No. 248, entitled:
To the Committee on Preamble, National Territory, and Declaration of Principles.
Proposed Resolution No. 249, entitled:
To the Committee on Preamble, National Territory, and Declaration of Principles.
Proposed Resolution No. 250, entitled:
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 251, entitled:
To the Committee on Preamble, National Territory, and Declaration of Principles.
Proposed Resolution No. 252, entitled:
To the Committee on Human Resources.
Proposed Resolution No. 253, entitled:
To the Committee on Social Justice and Social Services.
Proposed Resolution No. 254, entitled:
To the Committee on Amendments and Transitory Provisions.
Proposed Resolution No. 255, entitled:
To the Committee on the Executive.
COMMUNICATIONS
Letter from Family Planning Organization of the Philippines, Bulacan Provincial Chapter, signed by Rev. Evangelista Siodora, transmitting Board Resolution No. 4, 1986, requesting a policy statement on population program.
(Communication No. 29 — Constitutional Commission of 1986)
To the Committee on General Provisions.
Letter from the Court Personnel Organization of Baguio City and Benguet Province, signed by Mr. Herminia Alamar, suggesting a six-year term of the President and Vice-President.
(Communication No. 30 — Constitutional Commission of 1986)
To the Committee on the Executive.
Letter from the Movement for a Philippine Federation of States, signed by Mr. J.E. Arcebuche, Secretary-General, proposing a federal form of government.
(Communication No. 31 — Constitutional Commission of 1986)
To the Committee on Preamble, National Territory, and Declaration of Principles.
Letter from the Luzon Convention of Southern Baptist Churches, Inc., signed by Rev. Jose Buluan, Rev. Feliciano Montenegro, Pastor Bernie Bernardo and 43 other leaders and pastors, supporting the retention of the provision stating the policy of separation of church and state.
(Communication No. 32 — Constitutional Commission of 1986)
To the Committee on Preamble, National Territory, and Declaration of Principles.
Letter from Mr. Geronimo R. Cruz of 34 Lilac, SSS Village, Marikina, Metro Manila, suggesting a National Assembly of Citizens, its composition and powers.
(Communication No. 33 — Constitutional Commission of 1986)
To the Committee on the Legislative.
Letter from the Filipino Life Insurance Companies Association, Inc., signed by Mr. Daniel M. Mercado, Jr., proposing the revival of the 'Filipino First" policy through a constitutional mandate that will correlate with this nationalistic policy.
(Communication No. 34 — Constitutional Commission of 1986)
To the Committee on the National Economy and Patrimony.
Letter from Mr. Benito C. Jalandoni, Sr. of Bacolod City, proposing, among others, a presidential form of government; voiding of the decree that led to mass naturalization of aliens; and the raising of voting age to 21 and the disenfranchisement of the blind and those who cannot read and write.
(Communication No. 35 — Constitutional Commission of 1986)
To the Steering Committee.
Letter from Mr. Teodoro Panopio of 14 Poland Street, Better Living Subdivision, Parañaque, Metro Manila, proposing a bicameral legislature with reduced membership and realistic salaries for the President, Vice-President and members of the legislative body instead of big allowances.
(Communication No. 36 — Constitutional Commission of 1986)
To the Committee on the Legislative. Letter from the Financial Executive Institute of the Philippines signed by Mr. Ricardo G. Librea, submitting a position paper on the restructuring and rebuilding of the economy.
(Communication No. 37 — Constitutional Commission of 1986)
To the Committee on the National Economy and Patrimony.
Letter from Mr. Pedro C. Lomugdang of Sebaste, Antique, suggesting, among others, the redistribution of agricultural lands to the landless and deserving citizens, and providing more social services to the poor.
(Communication No. 38 — Constitutional Commission of 1986)
To the Committee on Social Justice and Social Services.
Letter from Mr. Tocod D. Macaraya of Marawi City, informing the Constitutional Commission that in a consultation meeting conducted by the Honorable Commissioner Ahmad D. Alonto with representatives of various organizations of Lanao del Sur, Lanao del Norte, Marawi City and Iligan City, the consensus was to invite the Commission to hold at least one public hearing at Marawi City and that committees were created to assist in the public hearings.
(Communication No. 39 — Constitutional Commission of 1986)
To the Ad Hoc Planning Committee on Public Hearings.
Letter from Bagong Alyansang Makabayan, signed by Mr. Lorenzo M. Tañada, submitting proposals on national security and international relations; civil, political and human rights; and rights for the protection and welfare of workers.
(Communication No. 40 — Constitutional Commission of 1986)
To the Steering Committee.
Letter from Bagong Alyansang Makabayan, signed by Mr. Lean L. Alejandro, making corrections with regard to the errata in the proposals earlier submitted by Sen. Lorenzo M. Tañada in behalf of BAYAN.
(Communication No. 41 — Constitutional Commission of 1986)
To the Steering Committee.
Letter from Mr. Luis Quibranza of Cebu City, proposing a National Covenant to be written into the Constitution.
(Communication No. 42 — Constitutional Commission of 1986)
To the Committee on Preamble, National Territory, and Declaration of Principles.
Letter from Mr. Jose W. Diokno as Secretary of the Regional Council on Human Rights in Asia, enclosing a copy of the Declaration of the Basic Duties of the ASEAN Peoples and Government.
(Communication No. 43 — Constitutional Commission of 1986)
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Letter from the Consultative Assembly of Minority Peoples of the Philippines, signed by Mr. Ryan Aquino, requesting a special public hearing focusing on the national minority peoples' problems and aspirations.
(Communication No. 44 — Constitutional Commission of 1986)
To the Ad Hoc Planning Committee on Public Hearings.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
COMMITTEE MEMBERSHIP
MR. ALONTO: In view of a resolution approved the previous day, I move that the following be elected members of the Committee on Preamble, National Territory, and Declaration of Principles: Commissioners Garcia, de Castro, Foz and Azcuna.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; therefore, the following are declared members of the Committee on Preamble, National Territory, and Declaration of Principles: Commissioners Garcia, de Castro, Foz and Azcuna.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
MR. ALONTO: Madam President, I further move that the following Commissioners be elected members of the Committee on Local Governments: Commissioners Regalado, Rigos, Jamir and Ople.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the following Commissioners are declared members of the Committee on Local Governments: Commissioners Regalado, Rigos, Jamir and Ople.
MR. ALONTO: Madam President, I further move that the following Commissioners be elected to the Committee on Amendments and Transitory Provisions: Commissioners Sarmiento, Tan, Lerum and Tingson.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the following Commissioners are elected members of the Committee on Amendments and Transitory Provisions: Commissioners Sarmiento, Tan, Lerum and Tingson.
MR. ALONTO: Madam President, in the Committee on Constitutional Commissions and Agencies, Commissioner Guingona requested to be relieved, and so in his place, I move that Commissioner Rodrigo be made instead a member of this Committee.
THE PRESIDENT: Is there any. objection? (Silence) The Chair hears none; the motion is approved.
MR. ALONTO: Madam President, in view of the increase in membership of this Committee, I move that Commissioner de los Reyes be elected as member of the Committee on Constitutional Commissions and Agencies.
THE PRESIDENT: Will the Chair first be enlightened. Does the Assistant Floor Leader mean that the membership of the Committee on Constitutional Commissions has been increased to twelve?
SUSPENSION OF SESSION
THE PRESIDENT: The session is suspended for a few minutes.
It was 5:42 p.m.
RESUMPTION OF SESSION
At 5:50 p.m., the session was resumed.
THE PRESIDENT: The session is resumed.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
MR. ALONTO: Madam President, I withdraw my last motion on the additional member of the Committee on Constitutional Commissions and Agencies, and instead I move to recognize Commissioner Foz.
THE PRESIDENT: Commissioner Foz is recognized.
MR. FOZ: Madam President, I move to increase the membership of the Committee on Constitutional Commissions from 11 to 13, if there is no objection from our members, our present members being superstitious about the number 13. It is my lucky number, though.
MR. GUINGONA: Madam President, may I just clarify. I actually have not withdrawn from the Committee on Human Resources. That is why I was a little surprised when I heard that I had withdrawn because I have not been a member of that Committee since its inception.
Thank you.
MR. FOZ: I think that was a mistake, Madam President.
THE PRESIDENT: Commissioner Ople wants to be recognized.
MR. OPLE: Madam President, just a point of inquiry. There must be a principle to be followed by the President and the officers of the conference with respect to the equitable distribution of committee seats. If there is such a principle, may we know about it. Is it a principle of equity in the sense that those with fewer committees are being given more seats in the interest of a fairer distribution? Is that correct, Madam President?
THE PRESIDENT: Yes, for the information of Commissioner Ople, preference is given to those Members who have less than five committee memberships. In other words, they can still participate in more activities of the committees.
MR. OPLE: That explains why I now have four. I am very honored to be recommended to another committee in spite of the fact that I was not consulted about it. But I do welcome my election to the Committee on Local Governments. So I now have four committees and it might be interesting to know what portion of the Commission already has the full committees.
THE PRESIDENT: The Chair will distribute a listing of all the committees and their respective members so that the Commission will have an idea as to the number of committees and the members assigned to them.
MR. OPLE: Thank you very much, Madam President.
THE PRESIDENT: Thank you.
MR. FOZ: I would like to restate my motion.
THE PRESIDENT: Let us go back to the motion of Commissioner Foz.
MR. FOZ: I move that the membership in the Committee on Constitutional Commissions and Agencies be increased from 11 to 13 and to authorize the President to appoint the additional members.
THE PRESIDENT: Is there any objection to the motion of Commissioner Foz? (Silence) The Chair hears none; the motion is approved.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
MR. ALONTO: Since there is a more compulsive reason for us to adjourn at this moment, I move that the freewheeling discussion on the citizenship proposals, which is supposed to take place now, be postponed for tomorrow.
THE PRESIDENT: Is there any objection?
MS. NIEVA: Madam President, I would like to be recognized.
THE PRESIDENT: Commissioner Nieva is recognized.
MS. NIEVA: I move that the name of our committee, which is the Committee on Social Justice and Social Services, be changed to Committee on Social Justice only and to eliminate Social Services. This is at the instance of the members of the Committee who feel that social justice is already all-embracing and that social services is only an aspect or a part of social justice.
And in connection with our membership, I would like to report some changes: Commissioner Ople is taking the place of Commissioner Uka and Commissioner Rodrigo is taking the place of Commissioner Romulo.
THE PRESIDENT: Is there any objection to the motion of Commissioner Nieva that the name of the Committee on Social Justice and Social Services be changed to the Committee on Social Justice?
MR. OPLE: I second the motion.
MR. MAAMBONG: Madam President.
THE PRESIDENT: Commissioner Maambong is recognized.
MR. MAAMBONG: Just so the record will not be confused, may I know, if the previous motion of the Assistant Floor Leader has been withdrawn in the meantime, because there are two interlapping motions, Madam President. I would just like to know if the motion for adjournment, which has been filed by the Assistant Floor Leader, has been withdrawn in the meantime.
THE PRESIDENT: Is the Assistant Floor Leader withdrawing his motion?
MR. ALONTO: Madam President, I think the comment is well-taken, so I withdraw my last motion.
THE PRESIDENT: The motion of Commissioner Nieva has been seconded by Commissioner Ople.
MR. DAVIDE: Madam President.
THE PRESIDENT: Commissioner Davide is recognized.
MR. DAVIDE: With all due respect, I object to the motion to change the name. Actually, the concept of social justice is entirely distinct and separate from the concept of social services. It is precisely for that reason that under the Declaration of Principles and State Policies of the 1973 Constitution, I mean the original which is Article II thereof, we have two separate sections: Section 6 which is on social justice and Section 7 which is on social services. The principal distinction of the two being that social justice is not limited to social services. It may include economic justice because it is actually to insure the dignity, welfare and security of all the people; and towards that particular end, the State shall regulate the acquisition, ownership, use, enjoyment and disposition of private property and equitably diffuse property ownership and profits. But the concept of social services would be limited to the field of education, health, housing, employment, welfare and social security to guarantee the enjoyment of the people of a decent standard of living. So the two concepts are distinct and separate.
I hope the Committee would reconsider the changing of the name of the Committee itself.
MR. ALONTO: Madam President, since there are some comments, I move that the matter be transferred to tomorrow's Order of Business.
THE PRESIDENT: We still have this motion of Commissioner Nieva to which there has been an objection. Is Commissioner Nieva agreeable to postpone action on her motion tomorrow?
MS. NIEVA: My attention was called to the fact that we are supposed to adjourn at six o'clock and that, therefore, we could discuss this tomorrow. So I am open to that.
THE PRESIDENT: Is the Commissioner agreeable to that?
MS. NIEVA: I am agreeable to that.
MR. OPLE: Madam President.
THE PRESIDENT: Commissioner Ople is recognized.
MR. OPLE: Madam President, I have in mind tomorrow's agenda of the plenary session. I think the Assistant Floor Leader has said that tomorrow we will continue the freewheeling discussion on citizenship. I have consulted with some Members who believe that the subject of citizenship is now fully covered and exhausted for purposes of a freewheeling debate, and I am informed that Commissioner Nolledo is prepared to sponsor a committee report dealing with the National Territory. May I, therefore, suggest, if the Assistant Floor Leader agrees, that today we terminate the freewheeling debate on citizenship and tomorrow devote our attention to the committee report of the Rosales Committee on Preamble, National Territory, and Declaration of Principles. I understand that Commissioner Nolledo will help sponsor this report and that he is in a position to do so tomorrow.
I so move, Madam President.
MR. DAVIDE: Madam President.
THE PRESIDENT: Commissioner Davide is recognized.
MR. DAVIDE: I object to that motion because it would actually be a motion to reconsider an earlier decision of the Commission. The committee report on National Territory was directed to be deferred until after July 7. What could probably be done tomorrow will only be a freewheeling discussion on National Territory, but not on the report itself.
SUSPENSION OF SESSION
THE PRESIDENT: The session is suspended for a few minutes.
It was 6:02 p.m.
RESUMPTION OF SESSION
A t 6:04 p. m., the session was resumed.
THE PRESIDENT: The session is resumed.
MR. OPLE: Madam President, may I rephrase my motion in agreement with the Assistant Floor Leader? I propose that we allow a brief extension of the freewheeling debate on citizenship at the plenary session tomorrow, in deference to the reservation already made by Commissioner Guingona, and, thereafter, commence a freewheeling debate on the National Territory provision.
THE PRESIDENT: What does Commissioner Davide say? Does he have some observations? Does he not have an objection now to the freewheeling discussion on the National Territory?
MR. DAVIDE: On that motion, I would have no objection, Madam President.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. OPLE: Thank you, Madam President.
ADJOURNMENT OF SESSION
MR. ALONTO: Madam President, I move for the adjournment of the session until tomorrow at five o'clock in the afternoon.
THE PRESIDENT: The session is adjourned until tomorrow at five o'clock in the afternoon.
It was 6:05 p.m.
* Appeared after the Roll Call.
THE PRESIDENT: The session is called to order.
THE PRESIDENT: Everybody will please rise to sing the National Anthem.
Everybody rose to sing the National Anthem.
THE PRESIDENT: Everybody will please remain standing for the Prayer to be led by the Honorable Edmundo G. Garcia.
Everybody remained standing for the Prayer.
MR. GARCIA: A reading from the Gospel according to Luke, Chapter 4, verses 16-19:
Then Jesus went to Nazareth, where he had been brought up, and on the Sabbath he went as usual to the synagogue. He stood up to read the Scriptures and was handed the book of the prophet Isaiah. He unrolled the scroll and found the place where it is written.
'The Spirit of the Lord is upon me, because He has chosen me to bring good news to the poor. He has sent me to proclaim liberty to the captives and recovery of sight to the blind, to set free the oppressed and announce that the time has come when the Lord will save His people.'
Dear God, our Father, You, who so loved the world that You pitched Your tent among us, be with us today as we work together in drafting the law of the land that will help set our people free: free from poverty and hunger, free from injustice and oppression, free to break down the barriers which prevent us from truly becoming brothers and sisters to one another.
Lord, Father of us all, forgive us for our shortcomings Help us to listen and learn, to respect the word of another and to understand the concern of those who are poor and powerless.
We are a rich country, but our people are poor. We are an independent Republic, but we are still struggling to be sovereign. We want to be a nation, proud to walk our own path, before the concert of nations.
Lord of our history, Father of our people, be with us as we march towards a new day and help us realize in these halls that brother helped by brother is like a strong city built on the rock of faith in our people and hope that one day we shall all be free. Amen.
THE PRESIDENT: The Secretary-General will call the roll.
THE SECRETARY-GENERAL, reading:
| Abubakar | Present | Natividad | Present |
| Alonto | Present | Nieva | Present |
| Aquino | Present | Nolledo | Present |
| Azcuna | Present | Ople | Present |
| Bacani | Present | Padilla | Present * |
| Bengzon | Present | Quesada | Present * |
| Bennagen | Present | Rama | Present |
| Bernas | Present | Regalado | Present |
| Rosario Braid | Present | Reyes de los | Present |
| Brocka | Present | Rigos | Present |
Calderon | Present | Rodrigo | Present |
| Castro de | Present | Romulo | Present |
| Colayco | Present | Rosales | Present |
| Concepcion | Present | Sarmiento | Present |
| Davide | Present | Suarez | Present |
Foz | Present | Sumulong | Present |
| Garcia | Present | Tadeo | Present |
| Gascon | Present | Tan | Present |
| Guingona | Present | Tingsont | Present |
| Jamir | Present | Treñas | Present |
| Laurel | Absent | Uka | Present |
| Lerum | Present | Villacorta | Present |
| Maambong | Present | Villegas | Present |
| Monsod | Present |
The President is present.
The roll call shows 43 Members responded to the call.
THE PRESIDENT: The Chair declares the presence of a quorum.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
MR. ALONTO: I move that we approve the Journal of the previous session.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. ALONTO: Madam President, I move that we proceed to the Reference of Business.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
The Secretary-General will read the Reference of Business.
The Secretary-General read the following Proposed Resolutions on First Reading and Communications, the President making the corresponding references:
Proposed Resolution No. 229, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE ON ACCOUNTABILITY OF PUBLIC OFFICERS.Introduced by Hon. Tingson.
To the Committee on Accountability of Public Officers.
Proposed Resolution No. 230, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION STATE POLICIES CONCERNING THE ARMED FORCES OF THE PHILIPPINES.Introduced by Hon. de Castro.
To the Committee on General Provisions.
Proposed Resolution No. 231, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION STATE POLICIES TO PREVENT THE SAD EXPERIENCES OF THE FILIPINO PEOPLE DURING THE TWENTY-YEAR RULE OF THE DEPOSED REGIME.Introduced by Hon. de Castro.
To the Committee on Preamble, National Territory, and Declaration of Principles.
Proposed Resolution No. 232, entitled:
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTITUTION SECTION SIX OF ARTICLE X OF THE 1973 CONSTITUTION.Introduced by Hon. Treñas.
To the Committee on the Judiciary.
Proposed Resolution No. 233, entitled:
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTITUTION SECTION SEVEN OF ARTICLE X OF THE 1973 CONSTITUTION.Introduced by Hon. Treñas.
To the Committee on the Judiciary.
Proposed Resolution No. 234, entitled:
RESOLUTION PROVIDING FOR THE INCLUSION IN THE ARTICLE ON THE EXECUTIVE DEPARTMENT A SPECIFIC PROVISION REDEFINING THE POWER OF THE CHIEF EXECUTIVE OVER LOCAL GOVERNMENTS.Introduced by Hon. Regalado.
To the Committee on the Executive.
Proposed Resolution No. 235, entitled.
RESOLUTION PROVIDING FOR THE DISQUALIFICATION OF MEMBERS OF THE LEGISLATURE FROM PARTICIPATING AS COUNSEL IN JUDICIAL, QUASI-JUDICIAL, OR ADMINISTRATIVE PROCEEDINGS AND PROHIBITIONS AGAINST THEIR HAVING FINANCIAL INTERESTS IN CERTAIN TRANSACTIONS.Introduced by Hon. Regalado.
To the Committee on the Legislative.
Proposed Resolution No. 236, entitled:
RESOLUTION PROPOSING A PROVISION IN THE NEW CONSTITUTION AUTHORIZING THE CHIEF JUSTICE TO ADDRESS THE LEGISLATURE.Introduced by Hon. Romulo.
To the Committee on the Judiciary.
Proposed Resolution No. 237, entitled:
RESOLUTION TO ESTABLISH FREEDOM PARKS IN ALL TOWNS, CITIES AND PROVINCES IN THE PHILIPPINES.Introduced by Hon. de los Reyes, Jr.
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 238, entitled:
RESOLUTION TO STRENGTHEN THE CIVIL SERVICE COMMISSION BY INCORPORATING IN THE NEW CONSTITUTION PROVISIONS REQUIRING THAT APPOINTMENTS THERETO SHALL BE MADE FROM A LIST OF NOMINEES SUBMITTED BY VARIOUS SECTORS AND INCREASING THE QUALIFICATIONS FOR APPOINTMENT AS COMMISSIONER.Introduced by Hon. Davide, Jr.
To the Committee on Constitutional Commissions and Agencies.
Proposed Resolution No. 239, entitled:
RESOLUTION TO ENCOURAGE ENTRY INTO THE CIVIL SERVICE BY QUALIFIED AND COMPETENT MEN BY INCORPORATING IN THE NEW CONSTITUTION A PROVISION MANDATING COMPARABILITY OF PAY TO CIVIL SERVANTS WITH THAT IN THE PRIVATE SECTOR.Introduced by Hon. Davide, Jr.
To the Committee on Constitutional Commissions and Agencies.
Proposed Resolution No. 240, entitled:
RESOLUTION TO ENSURE THE DEVELOPMENT OF A STRONG CIVIL SERVICE BY CONSTITUTIONALLY MANDATING THE CIVIL SERVICE COMMISSION TO UNDERTAKE REFORMS IN VARIOUS AREAS OF CONCERN AND INCORPORATING IN THE NEW CONSTITUTION A PROVISION GRANTING BROADER POWERS TO THE CIVIL SERVICE COMMISSION.Introduced by Hon. Davide, Jr.
To the Committee on Constitutional Commissions and Agencies.
Proposed Resolution No. 241, entitled:
RESOLUTION PROPOSING THAT THE FIRST ELECTION OF MEMBERS OF THE NATIONAL LEGISLATURE AND ALL LOCAL GOVERNMENT OFFICIALS INCLUDING THOSE OF THE BARANGAY BE HELD ON MARCH 25, 1987 AFTER THE RATIFICATION OF THIS CONSTITUTION.Introduced by Hon. Ople, de los Reyes, Jr., Maambong and Natividad.
To the Committee on Amendments and Transitory Provisions.
Proposed Resolution No. 242, entitled:
RESOLUTION DECLARING THE DEATH PENALTY AS CRUEL AND UNUSUAL PUNISHMENT EXPRESSLY BANNED BY THE 1986 CONSTITUTION.Introduced by Hon. Ople, Maambong, de los Reyes, Jr. and Natividad.
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 243, entitled:
RESOLUTION INTEGRATING THE PHILIPPINE CONSTABULARY AND THE INTEGRATED NATIONAL POLICE INTO THE PHILIPPINE NATIONAL POLICE.Introduced by Hon. Natividad, de los Reyes, Jr., Maambong and Ople.
To the Committee on General Provisions.
Proposed Resolution No. 244, entitled:
RESOLUTION ESTABLISHING THE RIGHT OF CITIZENS, TEMPORARILY OUT OF THE COUNTRY, TO VOTE.Introduced by Hon. Natividad, Ople, de los Reyes, Jr. and Maambong.
To the Committee on Constitutional Commissions and Agencies.
Proposed Resolution No. 245, entitled:
RESOLUTION ON THE INDIVIDUAL CITIZEN'S RIGHT TO GAINFUL EMPLOYMENT.Introduced by Hon. Ople, de los Reyes, Jr., Maambong and Natividad.
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 246, entitled:
RESOLUTION REDEFINING THE CITIZEN'S RIGHT TO VOTE AND BE VOTED UPON.Introduced by Hon. Maambong, Ople, de los Reyes, Jr. and Natividad.
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 247, entitled:
RESOLUTION GRANTING FULL AUTONOMY TO LOCAL GOVERNMENTS.Introduced by Hon. Maambong, Natividad, de los Reyes, Jr. and Ople.
To the Committee on Local Governments.
Proposed Resolution No. 248, entitled:
RESOLUTION PROVIDING THAT THE STATE SHALL ADOPT AND IMPLEMENT AN INTEGRATED AND COORDINATED APPROACH TO DEVELOPMENTAL PLANNING COMPATIBLE WITH THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT.Introduced by Hon. Rosario Braid.
To the Committee on Preamble, National Territory, and Declaration of Principles.
Proposed Resolution No. 249, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION THAT THE STATE SHALL PROVIDE SPECIAL PROTECTION AND CARE TO MOTHERS DURING PREGNANCY AND MATERNITY.Introduced by Hon. Sarmiento.
To the Committee on Preamble, National Territory, and Declaration of Principles.
Proposed Resolution No. 250, entitled:
RESOLUTION PROVIDING IN THE NEW CONSTITUTION THE ABOLITION OF THE DEATH PENALTY.Introduced by Hon. Garcia.
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Proposed Resolution No. 251, entitled:
RESOLUTION TO INCLUDE IN THE DECLARATION OF PRINCIPLES AND STATE POLICIES A STATEMENT THAT NO OFFENDERS AND OFFENSES SHALL BE ABOVE OR BEYOND THE REACH OF LAW.Introduced by Hon. de los Reyes, Jr.
To the Committee on Preamble, National Territory, and Declaration of Principles.
Proposed Resolution No. 252, entitled:
RESOLUTION ENDORSING THE INCORPORATION TO THE GENERAL PROVISIONS ON EDUCATION THE ESTABLISHMENT AND MAINTENANCE OF FREE PUBLIC EDUCATION UP TO THE SECONDARY LEVEL.Introduced by Hon. Tingson.
To the Committee on Human Resources.
Proposed Resolution No. 253, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE TO IMPLEMENT THE STATE'S POLICY OF SOCIAL JUSTICE.Introduced by Hon. Guingona and Villegas.
To the Committee on Social Justice and Social Services.
Proposed Resolution No. 254, entitled:
RESOLUTION PROVIDING FOR AN ORDINANCE APPENDED TO THE CONSTITUTION DECLARING THAT ALL FILIPINOS WHO VOTE FOR THE APPROVAL OF THE CONSTITUTION, WHO SO DESIRE, SHALL BE CONSIDERED AS SIGNATORIES OF SAID CONSTITUTION WITH THE SAME HONOR AND DISTINCTION AS THE MEMBERS OF THE CONSTITUTIONAL COMMISSION THAT FRAMED IT, IF, AFTER VOTING FOR ITS APPROVAL, THEY AFFIX THEIR SIGNATURE(S) ON SPECIAL SIGNATURE SHEETS PROVIDED FOR THE PURPOSE.Introduced by Hon. Calderon.
To the Committee on Amendments and Transitory Provisions.
Proposed Resolution No. 255, entitled:
RESOLUTION ADOPTING THE PRESIDENTIAL SYSTEM OF GOVERNMENT AND FOR THIS PURPOSE INCORPORATING IN THE DRAFT OF THE NEW CONSTITUTION, THE PROVISIONS GOVERNING THE EXECUTIVE DEPARTMENT AS CONTAINED IN THE DRAFT CONSTITUTION APPROVED BY THE RECONVENED 1971 CONSTITUTIONAL CONVENTION WHICH WERE NOMENCLATURED THEREIN AS ARTICLE VIII WITH THE TITLE EXECUTIVE DEPARTMENT.Introduced by Hon. Calderon.
To the Committee on the Executive.
Letter from Family Planning Organization of the Philippines, Bulacan Provincial Chapter, signed by Rev. Evangelista Siodora, transmitting Board Resolution No. 4, 1986, requesting a policy statement on population program.
(Communication No. 29 — Constitutional Commission of 1986)
To the Committee on General Provisions.
Letter from the Court Personnel Organization of Baguio City and Benguet Province, signed by Mr. Herminia Alamar, suggesting a six-year term of the President and Vice-President.
(Communication No. 30 — Constitutional Commission of 1986)
To the Committee on the Executive.
Letter from the Movement for a Philippine Federation of States, signed by Mr. J.E. Arcebuche, Secretary-General, proposing a federal form of government.
(Communication No. 31 — Constitutional Commission of 1986)
To the Committee on Preamble, National Territory, and Declaration of Principles.
Letter from the Luzon Convention of Southern Baptist Churches, Inc., signed by Rev. Jose Buluan, Rev. Feliciano Montenegro, Pastor Bernie Bernardo and 43 other leaders and pastors, supporting the retention of the provision stating the policy of separation of church and state.
(Communication No. 32 — Constitutional Commission of 1986)
To the Committee on Preamble, National Territory, and Declaration of Principles.
Letter from Mr. Geronimo R. Cruz of 34 Lilac, SSS Village, Marikina, Metro Manila, suggesting a National Assembly of Citizens, its composition and powers.
(Communication No. 33 — Constitutional Commission of 1986)
To the Committee on the Legislative.
Letter from the Filipino Life Insurance Companies Association, Inc., signed by Mr. Daniel M. Mercado, Jr., proposing the revival of the 'Filipino First" policy through a constitutional mandate that will correlate with this nationalistic policy.
(Communication No. 34 — Constitutional Commission of 1986)
To the Committee on the National Economy and Patrimony.
Letter from Mr. Benito C. Jalandoni, Sr. of Bacolod City, proposing, among others, a presidential form of government; voiding of the decree that led to mass naturalization of aliens; and the raising of voting age to 21 and the disenfranchisement of the blind and those who cannot read and write.
(Communication No. 35 — Constitutional Commission of 1986)
To the Steering Committee.
Letter from Mr. Teodoro Panopio of 14 Poland Street, Better Living Subdivision, Parañaque, Metro Manila, proposing a bicameral legislature with reduced membership and realistic salaries for the President, Vice-President and members of the legislative body instead of big allowances.
(Communication No. 36 — Constitutional Commission of 1986)
To the Committee on the Legislative. Letter from the Financial Executive Institute of the Philippines signed by Mr. Ricardo G. Librea, submitting a position paper on the restructuring and rebuilding of the economy.
(Communication No. 37 — Constitutional Commission of 1986)
To the Committee on the National Economy and Patrimony.
Letter from Mr. Pedro C. Lomugdang of Sebaste, Antique, suggesting, among others, the redistribution of agricultural lands to the landless and deserving citizens, and providing more social services to the poor.
(Communication No. 38 — Constitutional Commission of 1986)
To the Committee on Social Justice and Social Services.
Letter from Mr. Tocod D. Macaraya of Marawi City, informing the Constitutional Commission that in a consultation meeting conducted by the Honorable Commissioner Ahmad D. Alonto with representatives of various organizations of Lanao del Sur, Lanao del Norte, Marawi City and Iligan City, the consensus was to invite the Commission to hold at least one public hearing at Marawi City and that committees were created to assist in the public hearings.
(Communication No. 39 — Constitutional Commission of 1986)
To the Ad Hoc Planning Committee on Public Hearings.
Letter from Bagong Alyansang Makabayan, signed by Mr. Lorenzo M. Tañada, submitting proposals on national security and international relations; civil, political and human rights; and rights for the protection and welfare of workers.
(Communication No. 40 — Constitutional Commission of 1986)
To the Steering Committee.
Letter from Bagong Alyansang Makabayan, signed by Mr. Lean L. Alejandro, making corrections with regard to the errata in the proposals earlier submitted by Sen. Lorenzo M. Tañada in behalf of BAYAN.
(Communication No. 41 — Constitutional Commission of 1986)
To the Steering Committee.
Letter from Mr. Luis Quibranza of Cebu City, proposing a National Covenant to be written into the Constitution.
(Communication No. 42 — Constitutional Commission of 1986)
To the Committee on Preamble, National Territory, and Declaration of Principles.
Letter from Mr. Jose W. Diokno as Secretary of the Regional Council on Human Rights in Asia, enclosing a copy of the Declaration of the Basic Duties of the ASEAN Peoples and Government.
(Communication No. 43 — Constitutional Commission of 1986)
To the Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights.
Letter from the Consultative Assembly of Minority Peoples of the Philippines, signed by Mr. Ryan Aquino, requesting a special public hearing focusing on the national minority peoples' problems and aspirations.
(Communication No. 44 — Constitutional Commission of 1986)
To the Ad Hoc Planning Committee on Public Hearings.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
MR. ALONTO: In view of a resolution approved the previous day, I move that the following be elected members of the Committee on Preamble, National Territory, and Declaration of Principles: Commissioners Garcia, de Castro, Foz and Azcuna.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; therefore, the following are declared members of the Committee on Preamble, National Territory, and Declaration of Principles: Commissioners Garcia, de Castro, Foz and Azcuna.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
MR. ALONTO: Madam President, I further move that the following Commissioners be elected members of the Committee on Local Governments: Commissioners Regalado, Rigos, Jamir and Ople.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the following Commissioners are declared members of the Committee on Local Governments: Commissioners Regalado, Rigos, Jamir and Ople.
MR. ALONTO: Madam President, I further move that the following Commissioners be elected to the Committee on Amendments and Transitory Provisions: Commissioners Sarmiento, Tan, Lerum and Tingson.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the following Commissioners are elected members of the Committee on Amendments and Transitory Provisions: Commissioners Sarmiento, Tan, Lerum and Tingson.
MR. ALONTO: Madam President, in the Committee on Constitutional Commissions and Agencies, Commissioner Guingona requested to be relieved, and so in his place, I move that Commissioner Rodrigo be made instead a member of this Committee.
THE PRESIDENT: Is there any. objection? (Silence) The Chair hears none; the motion is approved.
MR. ALONTO: Madam President, in view of the increase in membership of this Committee, I move that Commissioner de los Reyes be elected as member of the Committee on Constitutional Commissions and Agencies.
THE PRESIDENT: Will the Chair first be enlightened. Does the Assistant Floor Leader mean that the membership of the Committee on Constitutional Commissions has been increased to twelve?
THE PRESIDENT: The session is suspended for a few minutes.
It was 5:42 p.m.
At 5:50 p.m., the session was resumed.
THE PRESIDENT: The session is resumed.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
MR. ALONTO: Madam President, I withdraw my last motion on the additional member of the Committee on Constitutional Commissions and Agencies, and instead I move to recognize Commissioner Foz.
THE PRESIDENT: Commissioner Foz is recognized.
MR. FOZ: Madam President, I move to increase the membership of the Committee on Constitutional Commissions from 11 to 13, if there is no objection from our members, our present members being superstitious about the number 13. It is my lucky number, though.
MR. GUINGONA: Madam President, may I just clarify. I actually have not withdrawn from the Committee on Human Resources. That is why I was a little surprised when I heard that I had withdrawn because I have not been a member of that Committee since its inception.
Thank you.
MR. FOZ: I think that was a mistake, Madam President.
THE PRESIDENT: Commissioner Ople wants to be recognized.
MR. OPLE: Madam President, just a point of inquiry. There must be a principle to be followed by the President and the officers of the conference with respect to the equitable distribution of committee seats. If there is such a principle, may we know about it. Is it a principle of equity in the sense that those with fewer committees are being given more seats in the interest of a fairer distribution? Is that correct, Madam President?
THE PRESIDENT: Yes, for the information of Commissioner Ople, preference is given to those Members who have less than five committee memberships. In other words, they can still participate in more activities of the committees.
MR. OPLE: That explains why I now have four. I am very honored to be recommended to another committee in spite of the fact that I was not consulted about it. But I do welcome my election to the Committee on Local Governments. So I now have four committees and it might be interesting to know what portion of the Commission already has the full committees.
THE PRESIDENT: The Chair will distribute a listing of all the committees and their respective members so that the Commission will have an idea as to the number of committees and the members assigned to them.
MR. OPLE: Thank you very much, Madam President.
THE PRESIDENT: Thank you.
MR. FOZ: I would like to restate my motion.
THE PRESIDENT: Let us go back to the motion of Commissioner Foz.
MR. FOZ: I move that the membership in the Committee on Constitutional Commissions and Agencies be increased from 11 to 13 and to authorize the President to appoint the additional members.
THE PRESIDENT: Is there any objection to the motion of Commissioner Foz? (Silence) The Chair hears none; the motion is approved.
MR. ALONTO: Madam President.
THE PRESIDENT: The Assistant Floor Leader is recognized.
MR. ALONTO: Since there is a more compulsive reason for us to adjourn at this moment, I move that the freewheeling discussion on the citizenship proposals, which is supposed to take place now, be postponed for tomorrow.
THE PRESIDENT: Is there any objection?
MS. NIEVA: Madam President, I would like to be recognized.
THE PRESIDENT: Commissioner Nieva is recognized.
MS. NIEVA: I move that the name of our committee, which is the Committee on Social Justice and Social Services, be changed to Committee on Social Justice only and to eliminate Social Services. This is at the instance of the members of the Committee who feel that social justice is already all-embracing and that social services is only an aspect or a part of social justice.
And in connection with our membership, I would like to report some changes: Commissioner Ople is taking the place of Commissioner Uka and Commissioner Rodrigo is taking the place of Commissioner Romulo.
THE PRESIDENT: Is there any objection to the motion of Commissioner Nieva that the name of the Committee on Social Justice and Social Services be changed to the Committee on Social Justice?
MR. OPLE: I second the motion.
MR. MAAMBONG: Madam President.
THE PRESIDENT: Commissioner Maambong is recognized.
MR. MAAMBONG: Just so the record will not be confused, may I know, if the previous motion of the Assistant Floor Leader has been withdrawn in the meantime, because there are two interlapping motions, Madam President. I would just like to know if the motion for adjournment, which has been filed by the Assistant Floor Leader, has been withdrawn in the meantime.
THE PRESIDENT: Is the Assistant Floor Leader withdrawing his motion?
MR. ALONTO: Madam President, I think the comment is well-taken, so I withdraw my last motion.
THE PRESIDENT: The motion of Commissioner Nieva has been seconded by Commissioner Ople.
MR. DAVIDE: Madam President.
THE PRESIDENT: Commissioner Davide is recognized.
MR. DAVIDE: With all due respect, I object to the motion to change the name. Actually, the concept of social justice is entirely distinct and separate from the concept of social services. It is precisely for that reason that under the Declaration of Principles and State Policies of the 1973 Constitution, I mean the original which is Article II thereof, we have two separate sections: Section 6 which is on social justice and Section 7 which is on social services. The principal distinction of the two being that social justice is not limited to social services. It may include economic justice because it is actually to insure the dignity, welfare and security of all the people; and towards that particular end, the State shall regulate the acquisition, ownership, use, enjoyment and disposition of private property and equitably diffuse property ownership and profits. But the concept of social services would be limited to the field of education, health, housing, employment, welfare and social security to guarantee the enjoyment of the people of a decent standard of living. So the two concepts are distinct and separate.
I hope the Committee would reconsider the changing of the name of the Committee itself.
MR. ALONTO: Madam President, since there are some comments, I move that the matter be transferred to tomorrow's Order of Business.
THE PRESIDENT: We still have this motion of Commissioner Nieva to which there has been an objection. Is Commissioner Nieva agreeable to postpone action on her motion tomorrow?
MS. NIEVA: My attention was called to the fact that we are supposed to adjourn at six o'clock and that, therefore, we could discuss this tomorrow. So I am open to that.
THE PRESIDENT: Is the Commissioner agreeable to that?
MS. NIEVA: I am agreeable to that.
MR. OPLE: Madam President.
THE PRESIDENT: Commissioner Ople is recognized.
MR. OPLE: Madam President, I have in mind tomorrow's agenda of the plenary session. I think the Assistant Floor Leader has said that tomorrow we will continue the freewheeling discussion on citizenship. I have consulted with some Members who believe that the subject of citizenship is now fully covered and exhausted for purposes of a freewheeling debate, and I am informed that Commissioner Nolledo is prepared to sponsor a committee report dealing with the National Territory. May I, therefore, suggest, if the Assistant Floor Leader agrees, that today we terminate the freewheeling debate on citizenship and tomorrow devote our attention to the committee report of the Rosales Committee on Preamble, National Territory, and Declaration of Principles. I understand that Commissioner Nolledo will help sponsor this report and that he is in a position to do so tomorrow.
I so move, Madam President.
MR. DAVIDE: Madam President.
THE PRESIDENT: Commissioner Davide is recognized.
MR. DAVIDE: I object to that motion because it would actually be a motion to reconsider an earlier decision of the Commission. The committee report on National Territory was directed to be deferred until after July 7. What could probably be done tomorrow will only be a freewheeling discussion on National Territory, but not on the report itself.
THE PRESIDENT: The session is suspended for a few minutes.
It was 6:02 p.m.
A t 6:04 p. m., the session was resumed.
THE PRESIDENT: The session is resumed.
MR. OPLE: Madam President, may I rephrase my motion in agreement with the Assistant Floor Leader? I propose that we allow a brief extension of the freewheeling debate on citizenship at the plenary session tomorrow, in deference to the reservation already made by Commissioner Guingona, and, thereafter, commence a freewheeling debate on the National Territory provision.
THE PRESIDENT: What does Commissioner Davide say? Does he have some observations? Does he not have an objection now to the freewheeling discussion on the National Territory?
MR. DAVIDE: On that motion, I would have no objection, Madam President.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. OPLE: Thank you, Madam President.
MR. ALONTO: Madam President, I move for the adjournment of the session until tomorrow at five o'clock in the afternoon.
THE PRESIDENT: The session is adjourned until tomorrow at five o'clock in the afternoon.
It was 6:05 p.m.
* Appeared after the Roll Call.