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[ VOL. V, October 15, 1986 ]
R.C.C. NO. 108
OPENING OF SESSION
At 8:55 a.m., the Presiding Officer, the Honorable Francisco A. Rodrigo, opened the session.
THE PRESIDING OFFICER (Mr. Rodrigo): The session is called to order.
THE PRESIDING OFFICER (Mr. Rodrigo) : 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 * Calderon Present Rigos Present Castro de Present Rodrigo Present Colayco Present Romulo Present Concepcion Present Rosales Absent Davide Present Sarmiento Present Foz Present Suarez Present Garcia Present Sumulong Present Gascon Present * Tadeo Present * Guingona Present Tan Present * Jamir Present Tingson Present * Laurel Present Treñas Present Lerum Present Uka Present Maambong Present Villacorta Present * Monsod
Present
The President is present.
The roll call shows 37 Members responded to the call.
THE PRESIDING OFFICER (Mr. Rodrigo): The Chair declares the presence of a quorum.
The Floor Leader is recognized.
MR. RAMA: Mr. Presiding Officer, I ask that Commissioner Davide, chairman of the Committee on the Legislative, be recognized.
THE PRESIDING OFFICER (Mr. Rodrigo) : Commissioner Davide is recognized.
MR. DAVIDE: Thank you, Mr. Presiding Officer.
This would refer to the matter of the Ordinance appended to the Constitution apportioning the seats for the House of Representatives. Last Monday the Ordinance was approved on Third Reading under a suspension of the Rules and there was no nominal voting. Some of the Commissioners view the absence of a nominal voting as perhaps a fatal defect even under suspended Rules, although I maintained earlier that under suspended Rules, nominal voting on Third Reading will not be necessary and this position was concurred in by the Presiding Officer and the Floor Leader at the time. To avoid any question regarding this matter, I move for a reconsideration of the Ordinance for possible approval on Third Reading by nominal voting. But before going into that, the committee has received a complaint from former Ambassador Lininding Pangandaman in the matter of apportionment of seats for Lanao del Sur wherein the body accepted the amendment of Commissioner Alonto transferring Masiu from the First District to the Second District. Ambassador Pangandaman invited our attention to RA 6406 entitled: "An Act Dividing the Province of Lanao del Sur into the provinces of Maranao and Lanao del Sur," which was approved on October 4, 1971. In the division, Masiu should really be in the First District because the First District under this Republic Act is actually a separate province; and our Second District, as recommended by the committee, actually corresponds to the second province within Lanao del Sur. So he maintains that transferring Masiu from the First District to the Second District might involve some legal issues.
I would like to hear a comment from Commissioner Alonto on this.
ON THIRD READING
(Apportionment Ordinance for the House of Representatives)
THE PRESIDING OFFICER (Mr. Rodrigo) : Is there any objection to the motion to reopen the consideration of Resolution No. 551? (Silence) The Chair hears none; the motion is approved.
Commissioner Alonto is recognized.
MR. ALONTO: The reason Masiu was transferred to the Second District was only for the purpose of equalizing the number of inhabitants from both districts. I was not aware of that Republic Act mentioned by Commissioner Davide and because of that, if we can legally return Masiu back to the First District, I would have no objection.
MR. DAVIDE: So, in that particular case, Mr. Presiding Officer, I move to reconsider the approval of the transfer of Masiu from the First to the Second District of Lanao del Sur.
THE PRESIDING OFFICER (Mr. Rodrigo) : Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. DAVIDE: Consequently, I propose that a correction be made on the printed copy wherein Masiu should immediately follow Tamparan for the First District of Lanao del Sur, and its deletion in the Second District. Since this is already the printed copy, I propose that such a correction be initialed by the President of the Commission.
THE PRESIDING OFFICER (Mr. Rodrigo) : Before we correct the printed copy, I think there should be a motion first to be approved by the body.
MR. DAVIDE: Yes, Mr. Presiding Officer. I move for the retention of Masiu in the First District of the Province of Lanao del Sur and the deletion of that word in the second District.
MR. OPLE: I second the motion, Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo) : Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. DAVIDE: I also move that such a correction be initialed by the President of the Commission in the final printed copy of the Ordinance.
THE PRESIDING OFFICER (Mr. Rodrigo) : Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. DAVIDE: The final matter concerns Region I, Benguet. I move for the approval of the restyling that was done. It would now appear as follows: “BENGUET WITH THE CITY OF BAGUIO, TWO (2) — FIRST DISTRICT: BAGUIO CITY; SECOND DISTRICT: ALL THE MUNICIPALITIES OF BENGUET.”
THE PRESIDING OFFICER (Mr Rodrigo) : Is there any objection? (Silence) The Chair hears none; the restyling is approved.
MR. RAMA: Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo) : The Floor Leader is recognized.
MR. UKA: Mr. Presiding Officer, may I request that a representative from Region XI be heard on the desire of the people in Region XI regarding their representation.
THE PRESIDING OFFICER (Mr. Rodrigo) : This is a formal session.
MR. UKA: The people desire that a part of Region XI that is contiguous be included. We should ascertain first the desire of Deputy Minister Banas on this.
THE PRESIDING OFFICER (Mr. Rodrigo) : Commissioner Uka himself, should express that. This is a plenary session.
MR. UKA: Yes, but he has just arrived and I do not know exactly what is it that they want.
The three towns falling within one district are not contiguous. One has to cross the sea in order to reach those areas.
MR. DAVIDE: Mr. Presiding Officer, may I answer that?
THE PRESIDING, OFFICER (Mr. Rodrigo) : Commissioner Davide is recognized.
MR. DAVIDE: This refers to South Cotabato. The apportionment we have made follows the recommendation of the COMELEC. It is true that three municipalities in one district are separated by the Sarangani Bay from the three other municipalities, and one has to pass General Santos. The difficulty there is that General Santos should have a seat but it was disqualified later when we increased the population to 250,000 for a city to be qualified for a separate seat. So we joined up General Santos with other municipalities — that of Tupi, Polomolok and Tampakan. We feel, however, that it would really be very difficult to have one contiguous district in the sense that the land mass is together all the time. We have a peculiar situation of the existence of the Sarangani Bay. I was willing to accommodate this in the sense that probably we can do that, but the whole trouble is that we will have to completely restructure South Cotabato. I explained to Deputy Minister Banas that perhaps it can be done in the next apportionment.
THE PRESIDING OFFICER (Mr. Rodrigo) : Yes. Anyway, this is only for the first election.
MR. UKA: I see.
THE PRESIDING OFFICER (Mr. Rodrigo): After that, Congress can take over. But now we are pressed for time.
MR. RAMA: Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo): The Floor Leader is recognized.
ON THIRD READING
(Apportionment Ordinance for the House of Representatives)
MR. RAMA: The parliamentary situation calls for a vote on Third Reading on the Ordinance respecting the redistricting of congressional districts. I move that we vote on Third Reading on the proposed ordinance regarding legislative districts.
MR. DE LOS REYES: Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo) : Commissioner de los Reyes is recognized.
MR. DE LOS REYES: I do not wish to quibble on procedure, but I understand that we have approved this on Third Reading. Therefore, I think the proper procedure would have been to reconsider the Ordinance.
MR. BENGZON: It has been done.
MR. DE LOS REYES: Has it been reconsidered?
THE PRESIDING OFFICER (Mr. Rodrigo) : Yes.
MR. DE LOS REYES: In that case, I withdraw my observation.
Thank you.
THE PRESIDING OFFICER (Mr. Rodrigo) : Is there any objection? (Silence) The Chair hears none; the motion is approved.
The Secretary-General will read the title of the resolution.
THE SECRETARY-GENERAL, reading:
Proposed Resolution No. 551, entitled:
RESOLUTION PROVIDING FOR AN ORDINANCE TO BE APPENDED TO THE NEW CONSTITUTION APPORTIONING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE PHILIPPINES TO THE DIFFERENT LEGISLATIVE DISTRICTS IN PROVINCES AND CITIES AND THE METROPOLITAN AREA.
THE PRESIDING OFFICER (Mr. Rodrigo) : There will be no explanation of votes.
MR. REGALADO: Yes, it is 9:15 a.m. already.
THE PRESIDING OFFICER (Mr. Rodrigo) : The body will now vote on this resolution, and the Secretary-General will call the roll.
THE SECRETARY-GENERAL, reading:
Abubakar Yes Bennagen Yes Alonto Yes Bernas Yes Aquino Yes Rosario Braid Yes Azcuna Yes Calderon Yes Bacani Yes Castro de Bengzon Yes
MR. DE CASTRO: Yes, but I have a grieving heart.
THE SECRETARY-GENERAL, reading:
Colayco Yes Rama Yes Concepcion Regalado Yes Davide Yes Reyes de los Yes Foz Yes Rigos Yes Garcia Yes Rodrigo Yes Gascon Yes Romulo Yes Guingona Yes Rosales Jamir Yes Sarmiento Yes Laurel Yes Suarez Yes Lerum Sumulong Yes Maambong Tadeo Monsod Yes Tan Yes Natividad Tingson Nieva Yes Treñas Yes Nolledo Yes Uka Yes Ople Yes Villacorta Yes Padilla Villegas Yes Quesada
THE PRESIDING OFFICER (Mr. Rodrigo): The Secretary-General will conduct a second call for those who have not registered their votes.
THE SECRETARY-GENERAL, reading:
Abubakar Lerum Concepcion Maambong Natividad Tadeo Quesada Tingson Rosales
ON THIRD READING
(Apportionment Ordinance of Lower House Representatives)
THE PRESIDING OFFICER (Mr. Rodrigo): The results show 37 votes in favor and none against; the Ordinance appended to the Constitution is approved on Third Reading.
MR. DAVIDE: Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo) : Commissioner Davide is recognized.
MR. DAVIDE: Upon recommendation of the vice- chairman of the Committee on the Legislative, I move that the initial of the President on the correction of the districting of Lanao del Sur be countersigned by the Secretary-General.
THE PRESIDING OFFICER (Mr. Rodrigo) : Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. LAUREL: Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo) : Commissioner Laurel is recognized.
MR. LAUREL: Bago tayo magpatuloy, nais ko lamang pasalamatan ang lahat ng mga kasamahan natin dito sa pagpapatibay ng resolusyon na pahintulutang lumagda si Commissioner Rosales o kung hindi man ay magdiit ng kanyang hinlalaki upang pakita ang pagsang-ayon dito sa Saligang Batas na ating hinubog.
Ang prinsipal na gusto kong pasalamatan ay ang puno ng ating samahan ng Constitutional Commission, si Cecilia Muñoz Palma. Noong umpisa, ayaw niyang pahintulutang maaprubahan itong resolusyon at baka raw may mga peryodistang hindi matuwa at kung ano pa ang sabihin. Kinompirmahan natin ang isang resolusyong walang numero at dahil hindi ito maisasama sa file, ayaw ni Presidente Muñoz Palma na paaprubahan ito.
Ginawan na rin natin ito ng paraan sapagkat wala akong nakikitang dahilan kung bakit hindi pahihintulutang pumirma si Commissioner Rosales. Ito ay dahil lamang sa siya ay maysakit. Alam naman nating nagkakasakit ang tao nang hindi naman nito kagustuhan. Hindi naman dapat na ang makakapirma ay yoon lamang mga hindi nagkakasakit sapagkat kinaaawaan ng Panginoong Diyos at hindi binibigyan ng sakit. Hangad talaga ni Commissioner Rosales na makapirma sapagkat siya naman ay kaanib. Bagamat siya ay may sakit ay hindi naman siya pinalitan.
Ang totoo nga — ngayon ko lamang sasabihin sa inyo ang aking palagay — kung idinaan sa halalan ang pagpili sa mga kaanib dito sa Constitutional Commissions nakakatiyak akong isa sa mga lalabas ay si Commissioner Rosales sa halalang iyon.
Noong sinabi ni President Muñoz Palma na hindi na pipirma Si Commissioner Rosales, umakyat pa ako sa entablado at sa aking pagbaba ay sinabi ko kay Ginoong Bernal na ako ay nalulungkot kung hindi makakapirma si Commissioner Rosales. Sinabi ko rin sa kanya — at ngayon ko lang uulitin ito sa karamihan — na kung hindi papipirmahin si Commissioner Rosales, ako mismo ay hindi rin pipirma, hindi sasang-ayon dito.
Pinagusapan namin ito ni Commissioner de Castro; may nagsabing mangyayari lang ito kung buhay pa si Commissioner Rosales. Hindi man ito magandang sabihin, wika nga ni Commissioner de Castro, kung mamamatay si Commissioner Rosales sisikapin naming umakyat sa langit at ipakiusap kay San Pedro na buksan ang pinto at nang makadiit man lamang ng hinlalaki si Commissioner Rosales. Pero ito naman ay talagang biro lamang, sapagkat para kami makaakyat sa langit at magpabukas ng pintuan sabihin baga, ay kung karapat-dapat na pumunta kami doon ni Commissioner de Castro — hindi kami ang hahatol sa bagay na iyan.
Pinasasalamatan ko si Commissioner Bengzon na kagabi pa ay dumalaw kay Commissioner Rosales at tumulong kanina upang ipadiit kay Commissioner Rosales ang Konstitusyon. Dumating din si Commissioner Sumulong.
MR. SUMULONG: Dumating po ako nang atrasado.
MR. LAUREL: May mga dumating nang atrasado. Kagabi ay naroon na ako hanggang sa makatulog si Commissioner Rosales. Naroon na ako sa pulong namin kanina pang 6:45 ng umaga.
Inuulit ko, nagpapasalamat ako lalung-lalo na kay Pangulong Muñoz Palma, ang ating puno, sapagkat pinahintulutan niyang maisakatuparan at maisagawa ang ating pinagkasunduan.
THE PRESIDING OFFICER (Mr. (Rodrigo) : The remarks are noted.
Commissioner Ople is recognized.
MR. OPLE: May I put a question to the Chair, and to the leadership of the conference on an important matter on the Transitory Provisions. All the Archives and other assets and facilities of the defunct Batasang Pambansa will be transferred to the appropriate successors. In the case of the Archives of the Constitutional Commission which will be the final authority on what happened here during all the time that we met, who will be in-charge of these Archives, Mr. Presiding Officer?
THE PRESIDING OFFICER (Mr. Rodrigo) : I am only the presiding officer. Who does the Gentleman think it should be?
MR. OPLE: Certainly it should be separate, for legal purposes, from the Archives of the Batasang Pambansa.
THE PRESIDING OFFICER (Mr. Rodrigo): May I call on the Secretary-General. I think she is knowledgeable about this.
THE SECRETARY-GENERAL: Thank you, Mr. Presiding Officer.
All records and documents are being kept now in the Archives and there is a room that President Palma asked us to provide, which is designed exclusively for all documents and records of the Constitutional Commission.
MR. OPLE: So, they will be physically separate from all other records.
THE SECRETARY-GENERAL: That is right, Mr. Presiding Officer.
MR. OPLE: And there will be a staff presumably to be in-charge of these archives.
THE SECRETARY-GENERAL: There is.
MR. OPLE: It is understood that Members of the Commission will enjoy continuing access, at their own option, for the use of the Archives into the indefinite future?
THE SECRETARY-GENERAL: Yes, Mr. Presiding Officer.
MR. OPLE: Thank you very much.
MR. RAMA: Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo): The Floor Leader is recognized.
MR. RAMA: Mr. Presiding Officer, we have only about 10 minutes to go. I move for adjournment until nine-thirty this morning.
THE PRESIDING OFFICER (Mr. Rodrigo): Is there any objection? (Silence) The Chair hears none; the session is adjourned until nine-thirty this morning.
It was 9:18 a.m.
* Appeared after the roll call.