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[ VOL. V, October 15, 1986 ]
R.C.C. NO. 109
OPENING OF SESSION
At 9:42 a.m., the President, the Honorable Cecilia Muñoz Palma, opened the session.
THE PRESIDENT: The session is called to order.
THE PRESIDENT: Everybody will please rise for the National Anthem.
Everybody rose to sing the National Anthem.
THE PRESIDENT: Everybody will please remain standing for the Prayer.
Everybody remained standing for the Prayer.
THE PRESIDENT: Almighty God of the Universe, Lord of wisdom and light, we have felt Your Divine Presence in our midst during these past four months while we pursued and labored as instruments of Your divine wisdom to complete a fundamental law for our people, a Constitution that will serve as the foundation of a just, humane and democratic society for Filipino generations to come.
Today, an important chapter of our work is done.
We are confident in our hearts and minds that the document we have written is imbued with Your beneficent influence and blessings and will bring love and peace to our troubled land.
Lord God, another chapter remains to be met.
We implore You to come to our aid once more when we appear before our people and present to them the new Constitution for their approval.
Let the light of this document shine forth clear and bright so that our people may see in it the hope for a promised land of peace and prosperity.
In the Book of Genesis it is written, and I quote:
God saw all he had made, and wished it was very good. . . Thus, heaven and earth were completed with all their array. On the seventh day God completed the work He had been doing. He rested on the seventh day after all the work He had been doing.
Yes, we have completed our work, having reached our own Sabbath Day. But can we rest, O Lord, after today? You said: "My father goes on working and so do I." Thus, Lord, there can be no rest for each of us nor for our people because there is still work to be done.
After its ratification, we pray that this covenant of the people be not shattered by evil forces as it was when Moses at Mount Sinai broke the tablet of Your Ten Commandments at the sight of evil among his people.
Merciful God Almighty, I thank You most especially for the completion of the Constitution on this 15th day of October, 1986, in the year of Our Lord, the Feast of St. Theresa of Avila, First Woman Doctor of the Church, whose way of perfection and that of St. Therese of the Child Jesus have been my constant inspiration since I was a child.
We glorify Our mother, the Blessed Virgin Mary, for she willed that our mission be completed in the month of October, dedicated to the devotion of the Holy Rosary which is the key to peace for mankind.
Most Sacred Heart of Jesus, cover with the benediction of Your love each and everyone of the Members of the Constitutional Commission and their loved ones; the sick, the weary, the disillusioned, and the hopeful amongst us; bless the Filipino people and our leaders in government, bless most kindly our brothers fighting in the hills that we may all be reconciled in love, peace and unity for the survival of the Filipino nation and for Your greater glory here on earth.
With all my being, I exult and praise You, my God, for the grace You have bestowed upon this Your humble daughter to be part of our struggle to liberate the nation from despotism and tyranny, and now again, to be Your instrument towards regaining our rights and freedom.
Dear Lord, remember the day when You cleansed ten lepers and only one came back to thank You and You said: "Where are the other nine?" Today, not only one but all the 47 men and women stand before You and lift their hearts in gratitude for giving them this day in history, the day when we stamp our signatures on the Charter You kindly helped us to frame.
All for the glory of God Almighty. 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 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 Villegas Present
The President is present.
The roll call shows 44 Members responded to the call.
THE PRESIDENT: The Chair declares the presence of a quorum.
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
MR. RAMA: I move that we dispense with the reading of the Journals of the sessions of October 12 and 13.
THE PRESIDENT: Is there any objection to the motion of the Floor Leader? (Silence) The Chair hears none; the motion is approved.
MR. RAMA: I move, Madam President, that approve the Journals of October 12 and 13 sessions.
THE PRESIDENT: Is there any objection that we approve the Journals of October 12 and 13? (Silence) The Chair hears none; the motion is approved.
MR RAMA: I move, Madam President, that we proceed to the Reference of Business.
THE PRESIDENT: Is there any objection that we proceed to the Reference of Business? (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. 549, entitled:
RESOLUTION COMMENDING THE VICE-PRESIDENT AND THE FLOOR LEADER AND HIS ASSISTANTS FOR THEIR DISTINCTIVE AND VALUABLE CONTRIBUTION AND STEADFAST LEADERSHIP WHICH ENABLED THE COMMISSION TO FINISH THE IMPORTANT TASK OF FRAMING THE FUNDAMENTAL LAW.
Introduced by Hon. Romulo, Treñas, Rigos, Abubakar and Aquino.
To the Steering Committee.
Proposed Resolution No. 550, entitled:
RESOLUTION EXPRESSING THE HIGH REGARD AND APPRECIATION OF THE CONSTITUTIONAL COMMISSION FOR ITS ILLUSTRIOUS PRESIDENT, THE HONORABLE CECILIA MUÑOZ PALMA, FOR THE WISE, ABLE, FAIR AND DIGNIFIED MANNER BY WHICH THE BUSINESS AND DELIBERATIONS OF THE COMMISSION HAVE BEEN CONDUCTED.
Introduced by Hon. Padilla, Rama, Aquino, Bengzon, Jr., Concepcion, Bernas, Monsod, Villegas, Rodrigo, Romulo, Tan, Nieva, Gascon, and Suarez.
To the Steering Committee.
Proposed Resolution No. 552, entitled:
RESOLUTION COMMENDING THE CHAIRMEN AND VICE-CHAIRMEN OF ALL COMMITTEES FOR THEIR DISTINCTIVE AND VALUABLE CONTRIBUTION AND STEADFAST LEADERSHIP WHICH ENABLED THE COMMISSION TO FINISH THE IMPORTANT TASK OF FRAMING THE FUNDAMENTAL LAW.
Introduced by Hon. Sarmiento, Lerum, Maambong, and Aquino.
To the Steering Committee.
Telegram from the students, faculty, staff, and administration of Assumption College, Iloilo City, congratulating the Constitutional Commission for its magnificent achievement.
(Communication No. 1104 — Constitutional Commission of 1986)
To the Archives.
Letter from Honorable Ramon A. Diaz, Deputy Minister, Presidential Commission on Good Government, expressing, on behalf of the PCGG, deep appreciation for the vote of confidence shown during the session of the Constitutional Commission on October 7, 1986.
(Communication No. 1105 — Constitutional Commission of 1986)
To the Archives.
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
MR. RAMA: I move that we take up the matter of the approval on Third Reading of the proposed Constitution of 1986.
I ask that Commissioner Guingona, chairman of the Committee on Sponsorship, be recognized.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
Commissioner Guingona is recognized.
ON THE APPROVED FINAL DRAFT
OF THE CONSTITUTION
MR. GUINGONA: Madam President, I have the honor on behalf of the Sponsorship Committee to officially announce that on October 12, the 1986 Constitutional Commission had completed under the able, firm and dedicated leadership of our President, the Honorable Cecilia Muñoz Palma, the task of drafting a Constitution for our people, a Constitution reflective of the spirit of the time — a spirit of nationalism, a spirit of dedication to the democratic way of life, a spirit of liberation and rising expectations, a spirit of confidence in the Filipino. On that day, Madam President, the Members of this Constitutional Commission had approved on Third Reading the draft Constitution of the Republic of the Philippines — a practical instrument suited to the circumstances of our time but which is broad enough to allow future generations to respond to challenges which we of this generation could not foretell, a Charter which would seek to establish in this fair land a community characterized by social progress, political stability, economic prosperity, peace, justice and freedom for all.
Thank you, Madam President. (Applause)
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
(Commending the Vice-President, the Floor Leader and his Assistants)
MR. RAMA: I move that we take up the resolution regarding some officers of the Constitutional Commission, Proposed Resolution No. 549.
May I ask that Commissioner Romulo be recognized.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
Commissioner Romulo is recognized.
MR. ROMULO: Madam President, and it saddens me to so address you for the last time, I have the honor to request on behalf of my cosponsors consideration of a resolution commending the Vice-President and the Floor Leader and his Assistant Floor Leaders for their distinctive and valuable contribution and steadfast leadership which enable the Commission to finish the important task of framing the fundamental law.
Proposed Resolution No. 549, entitled:
RESOLUTION COMMENDING THE VICE-PRESIDENT, FLOOR LEADER AND HIS ASSISTANTS FOR THEIR DISTINCTIVE AND VALUABLE CONTRIBUTION AND STEADFAST LEADERSHIP WHICH ENABLED THE COMMISSION TO FINISH THE IMPORTANT TASK OF FRAMING THE FUNDAMENTAL LAW.
WHEREAS, the Constitutional Commission, created under Proclamation No. 9, dated April 23, 1986, has terminated the mandated task of proposing a new charter that is "truly reflective of the ideals and aspirations of the Filipino people";
WHEREAS, the success of the Constitutional Commission in achieving its goal within the shortest possible time, is largely attributable to the very efficient and creditable yeoman's work of the Vice-President the Floor Leader and his assistants: Now, therefore, be it
RESOLVED BY THE CONSTITUTIONAL COMMISSION, To commend, as it hereby commends, the Vice-President and the Floor Leader and his assistants for their distinctive and valuable contribution and steadfast leadership which enabled the Commission to finish the important task of framing the fundamental law.
I so move for its approval.
(Commending the Vice-President, the Floor Leaderand his Assistant)
THE PRESIDENT: As many as are in favor of this resolution, please raise their hand. (All Members raised their hand.)
As many as are against, please raise their hand. (No Member raised his hand.)
The results show 45 votes in favor and none against; the motion is approved.
Proposed Resolution No. 549 is unanimously approved. (Applause)
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
MR. RAMA: I ask that the Vice-President, Commissioner Padilla, be recognized.
THE PRESIDENT: The Vice-President, Commissioner Padilla, is hereby recognized.
MR. PADILLA: Madam President, in behalf of Floor Leader Rama and Assistants Calderon and Alonto, in behalf of the chairmen and vice-chairmen of all the committees — organic and ad hoc — and in my own behalf as Vice-President, we wish to express our profound gratitude for Proposed Resolution No. 549, commending our humble contributions to the delicate task of formulating and completing the 1986 Constitution. As recipients and beneficiaries of this resolution, we believe that such commendation should be extended to all the Commissioners who had labored daily and exerted their best efforts to complete our new fundamental law, which we hope will be accepted and ratified by our sovereign people.
Thank you, Madam President. (Applause)
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
CONSIDERATION OF PROPOSED RESOLUTION NO. 552
(Commending the Committee Chairmen and Vice-Chairmen)
MR. RAMA: I move that we take up the consideration of Proposed Resolution No. 552, regarding the chairmen and vice-chairmen of the committees.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. RAMA: I ask that Commissioner Sarmiento be recognized.
THE PRESIDENT: Commissioner Sarmiento is recognized.
MR. SARMIENTO: Madam President, I have the honor to request the approval of Proposed Resolution No. 552, entitled:
RESOLUTION COMMENDING THE CHAIRMEN AND VICE-CHAIRMEN OF ALL COMMITTEES FOR THEIR DISTINCTIVE AND VALUABLE CONTRIBUTION AND STEADFAST LEADERSHIP WHICH ENABLED THE COMMISSION TO FINISH THE IMPORTANT TASK OF FRAMING THE FUNDAMENTAL LAW.
WHEREAS, the Constitutional Commission, created under Proclamation No. 9, dated April 23, 1986, has terminated the mandated task of proposing a new charter that is "truly reflective of the ideals and aspirations of the Filipino people";
WHEREAS, the success of the Constitutional Commission in achieving its goal within the shortest possible time is to a large extent attributable to the efficient and valuable performance of the Chairmen and Vice-Chairmen of all Committees;
WHEREAS, through their steadfast leadership, a set of rules governing the proceedings of the Commission was adopted; the proceedings and deliberations in the committees were conducted with efficiency; various public hearings were conducted through. out the country so that various sectors were able to express their views on matters that would be included in the Constitution; and every provision scrutinized and evaluated and the structure and language polished in order that the new Constitution will be acceptable and enduring: Now, therefore, be it
RESOLVED BY THE CONSTITUTIONAL COMMISSION To commend, as it hereby commends, the Chairmen and Vice. Chairmen of all Committees, for their distinctive and valuable contribution and steadfast leadership which enabled the Commission to finish the important task of framing the fundamental law.
I move for the its approval.
(Commending the Committee Chairmen and Vice Chairman)
THE PRESIDENT: As many as are in favor, please raise their hand. (All Members raised their hand.)
As many as are against, please raise their hand. (No Member raised his hand.)
The results show 45 votes in favor and none against; the motion is approved.
Proposed Resolution No. 552 is unanimously approved. (Applause)
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
MR. RAMA: I ask that Commissioner Bengzon be recognized.
THE PRESIDENT: Commissioner Bengzon is recognized.
MR. BENGZON: Madam President, my colleagues, in behalf of the chairmen and the vice-chairmen of all the committees, I acknowledge your commendation of our efficient and steadfast leadership. Our membership in this Commission was both a patriotic and purifying experience for each of us. Indeed, it was patriotic because we lighted the torch for the coming of a new day for our country. It was purifying because it gave us an insight into the labyrinth of each other's minds which engraved in each of us the virtues of patience, understanding and respect for one another: To have worked as a group and having unified our diversities is a feat in itself. Yes, there were a number of occasions when it seemed we were in the Tower of Babel. The long hours greatly taxed our minds, strained our patience and at times, snapped our goodwill, but in the ultimate, you did rise above yourselves and the understanding, and most of all, the respect you showed us in the leadership helped us in great measure to succeed in the performance of our task.
For all these, we thank you. (Applause)
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
(Transmitting a copy of the Constitution to the President of the Philippines)
MR. RAMA: I move that we take up the consideration of Proposed Resolution No. 554, transmitting to the President of the Philippines a copy of the Constitution.
I ask that Commissioner Monsod be recognized.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
Commissioner Monsod is recognized.
MR. MONSOD: Madam President, it is my honor to present the following resolution transmitting to the President of the Republic of the Philippines a copy of the proposed Constitution drafted by the Constitutional Commission of 1986.
Proposed Resolution No. 554, entitled:
RESOLUTION TRANSMITTING TO THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES A COPY OF THE PROPOSED CONSTITUTION DRAFTED BY THE CONSTITUTIONAL COMMISSION OF 1986.
RESOLVED BY THE CONSTITUTIONAL COMMISSION, To transmit, as it hereby transmits, to the President of the Republic of the Philippines a copy of the proposed Constitution drafted by the Constitutional Commission of 1986.
I move for its approval, Madam President.
APPROVAL OF PROPOSED RESOLUTION NO. 554
(Transmitting a copy of the Constitution to the President of the Philippines)
THE PRESIDENT: As many as are in favor, please raise their hand. (Several Members raised their hand.)
As many as are against, please raise their hand. (No Member raised his hand.)
The results show 46 votes in favor and none against; the motion is approved.
Proposed Resolution No. 554 is approved. (Applause)
MR. RAMA: Madam President, I move that we consider another resolution.
THE PRESIDENT: Yes, Mr. Floor Leader.
(At this juncture, the President relinquished the Chair to the Vice-President, Honorable Ambrosio B. Padilla.)
MR. RAMA: Mr. Vice-President.
THE VICE-PRESIDENT: The Floor Leader is recognized.
CONSIDERATION OF PROPOSED RESOLUTION NO. 550
(Expressing the high regard and appreciation of the Con-Com for its President)
MR. RAMA: I move that we consider Proposed Resolution No. 550, commending the President of the Constitutional Commission.
Proposed Resolution No. 550 was introduced by the Honorable Ambrosio Padilla, Felicitas Aquino, Jose Bengzon, Jr., Roberto Concepcion, Joaquin Bernas, Christian Monsod, Bernardo Villegas, Francisco Rodrigo, Ricardo Romulo, Sis. Christine Tan, Ma. Teresa Nieva, Jose Luis Martin Gascon and Jose Suarez.
THE VICE-PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. RAMA, reading: Proposed Resolution No. 550, entitled:
RESOLUTION EXPRESSING THE HIGH REGARD AND APPRECIATION OF THE CONSTITUTIONAL COMMISSION FOR ITS ILLUSTRIOUS PRESIDENT, THE HONORABLE CECILIA MUROZ PALMA, FOR THE WISE, ABLE, FAIR AND DIGNIFIED MANNER BY WHICH THE BUSINESS AND DELIBERATIONS OF THE COMMISSION HAVE BEEN CONDUCTED.
WHEREAS, Honorable Cecilia Muñoz Palma was unanimously elected President of the Constitutional Commission of 1986 because of her independence of judgment, integrity, courage of her convictions, and dynamic leadership;
WHEREAS, by her rare quality of humaneness, understanding, patience and tactfulness, she inspired the Members of the Commission to work selflessly and devotedly toward the achievement of a common goal;
WHEREAS, President Palma conducted the deliberations of the Commission with fairness, tolerance, fortitude and impartiality, thus enabling the Members to draft the fundamental law within the shortest time possible under the circumstances; and
WHEREAS, through her leadership and wise counsel, the Commission has drafted a Constitution that is the embodiment of the ideals and aspirations of the sovereign Filipino people and which is pro-people, pro-country and pro-God: Now, therefore, be it
RESOLVED BY THE CONSTITUTIONAL COMMISSION, To express, as it hereby does express, its high regard and appreciation for its illustrious President, the Honorable Cecilia Muñoz Palma, for the wise, able, fair and dignified manner by which the business and deliberations of the Commission have been conducted.
May I ask Commissioner Rodrigo to be recognized.
THE VICE-PRESIDENT: Commissioner Rodrigo is recognized.
MR. RODRIGO: Mr. Vice-President, karangalan ko pong katigan ang nasabing resolusyon. At bilang batayan ng aking pagkatig, ipahintulot ninyong aking bigkasin ang isang tulang sinulat ko noong 1978 nang nagretiro si Justice Muñoz Palma bilang mahistrada ng Korte Suprema. Ang tulang ito ay angkop pa rin ngayon. Tama pa rin ang lahat ng sinabi ko noong 1978 sapagkat ang katulad ni Celing ay diyamante na ang kinang ay hindi kumukupas kahit nagdadaan ang panahon. Kayat pinalitan ko lang ang ilang mga estropa upang matugma sa kasalukuyan. Ang pamagat ng tula ay: "Ang Giting ni Celing." (Applause)
Bakit tayo naririto't taos-pusong naghahain
Ng dibdibang resolusyon ng parangal sa kay Celing;
Dahil baga si Celing ay bulaklak na maganda
Na sa tangkay ng panhon ay hindi pa nalalanta?
Hindi lang diyan . . . Pagka't ganda'y nagagamit na maskara —
Balatkayo na pangkubli sa maruming nasa't pita.
Dahil baga sa si Celing ay may likas na talino
Na mahigit na di hamak kaysa madalang ibang tao?
Hindi lang diyan . . . pagka't alam nitong Bayan at ng mundo
Ang disgrasyang nililikha ng talino ng demonyo.
Dahil baga sa si Celing ay humawak at tumangan
Ng tungkuling matataas sa gobyerno nitong Bayan?
Hindi lang diyan . . . pagka't kapag ang opisyal ay gahaman,
Ang tungkulin ay pangkamal ng "hidden wealth," kubling yaman.
Dahil baga sa si Celing ay umugit at nangulo
Sa pagbuo ng Saligang Batas nating Pilipino?
Hindi lang diyan . . . pagka't mayrong nagpangulo
Na sa halip na bumuo, ay sumira at nanggulo.
Kung hindi 'yan ang dahilan nitong ating pagpupugay
At parangal sa kay Celing, ay ano ba yaong tunay
At taimtim na batayan at sandigang madalisay
Nitong ating sama-samang "Aleluya" at "Mabuhay"?
Pagkarami ang batayan nitong ating pagdiriwang
Pagka't anong pagkarami ang wagas n'yang katangian . . .
Katapatan, kalinisan, karangalan, kabanalan
Kagitingan ng damdamin, kababaang kalooban.
Ang uri ng kanyang ganda ay ganda ng isang santa
At salamin ng malinis at maputing kaluluwa;
Iya'y gandang nakaalay kay Bathalang sinasamba
At ligaya't inspirasyon ng kasintang Rodong Palma.
Ang talinong kanyang taglay ay puspusang nakalaan
Sa panig ng katarungan, katapatan, kabanalan . . .
Ginamit na sandata upang kanyang ipaglaban
Ang dangal at kalayaan nitong ating Inang Bayan.
Yaong kanyang hinawakang mga puwesto sa gobyerno
Ay di naging kasangkapan upang maging milyonaryo;
Ang tungkulin ay ginamit sa maka-Diyos na prinsipiyo . . .
Hindi tulad niyaong ilang nagpatayo ng palasyo.
At ang kanyang pananalig sa doktrina ng Maykapal
Ay lubusang sinusunod sa landas ng kanyang buhay
Hindi tulad ng marami na hayagang nagdarasal
Nguni't lubhang marurumi ang gawain, anyo't asal.
At ang lalong mahalaga sa maraming katangiang
Ipinunla ng Maykapal sa kay Celing na uliran
Ay ang giting at ang tibay ng damdami't kalooban
Na magtanggol sa katuwira't bumaka sa kamalian.
Hindi siya natatakot sa anumang mangyayari;
Siya't handang magsakit, bilang martir at bayani . . .
Kaya't ngayon ay maraming nagpupuri't nagsasabi
Na si Celing ay may tapang na higit pa sa lalaki.
Handa siyang tumalunton sa buhay ni Hesukristo
Na pumayag na dustain at patayin sa Kalbaryo
Upang Kanyang mailigtas itong mundo sa impiyerno,
At maghari si Bathala sa diwa ng mga tao.
Kaya't Celing —
Ito sanang aming alay ay lubos mong marapatin;
Saka Celing,
Iyo sanang idalanging pagsapit ng takipsilim,
Kaming lahat — at si Rodong — ay pawa mong makapiling
Sa luwalhati ng Maykapal, mga anghel, at kerubin.
Salamat po. (Applause)
MR. RAMA: Mr. Vice-President.
THE VICE-PRESIDENT: The Floor Leader is recognized.
MR. RAMA: I ask that Commissioner Maambong be recognized. It is regarding the same resolution.
THE VICE-PRESIDENT: Commissioner Maambong is recognized.
MR. MAAMBONG: Mr. Vice-President, it is my distinct privilege to rise in support of Proposed Resolution No. 550, expressing the appreciation of the body for the leadership of our President, Cecilia Muñoz Palma, and for the wise, able and dignified manner by which the business and deliberations of the Commission have been conducted.
Apan sa dili pa ako mopadayon, tugoti ako pagsulti dinhi . . . (Applause) . . . nga masakit kaayo sa akong panumduman kining tahas ng gisangon kanako, kay sa dili na madugay dili na man nato igkita ang atong Presidenta, ug kita nga mga sakop niining Komisyon, magkatibula-ag na man. (But before I proceed, allow me to say that the task assigned to me is a painful one, because in a short while we will no longer see our Madam President, and we, the Members of this Commission, will be going our separate ways.)
As we bring down the curtains of the 1986 Constitutional Commission, we should ponder on the thought that ours is the first constitution-making body in the history of our country, with a lady at its helm. This fact alone brings to the fore the fundamental equality before the law of women and men in this part of the globe, as now embodied as a state policy in the Constitution we have drafted.
For indeed, even as I stand here, the presidency of our country is in the hands of a lady-President, establishing another first in the annals of the highest office in our land. The President of this Commission is not a stranger to an existence of excellence in everything she does. Being the first comes naturally; it is almost like a habit. We should consider for a moment that she was the first in the bar examination; the first lady prosecutor in the country; the first lady judge of the Court of First Instance then; and the first lady Justice of the Supreme Court. Every now and then, however, she tires of being first and she contents herself with being second. Thus, she was the second lady associate justice of the Court of Appeals. When she topped the bar, she was only the second lady to do it, and when she decided to run as Member of the Batasang Pambansa, after a stint of deanship in a law school, she only placed second among five opposition candidates then in Quezon City.
Mr. Vice-President, I assure you that I am aware of the time limit given to me. I would, however, ask to be allowed to put on record the lasting impression I have of our President. My first close encounter with her was in May of 1983 during the Convention of Law Schools and Law Professors in Baguio City. On that occasion, she delivered a stirring speech entitled "The Role of Law Schools in Legal Education and Legal Profession." It was a short speech presented in a frank and unassuming manner wherein she summarized in 10 crisp points what she referred to as an "upheaval in well-established and generally accepted constitutional and legal principles upon which were based our democratic institutions." Saying that one of the primordial functions of a law school is to look into the manner the rule of law and the individual rights and freedom embodied in the Constitution are being followed and enforced by leaders and people in government, she posed these questions then:
Is the State above the law or is the State subject to law? Are individual liberties and rights so eloquently enumerated in the Constitution to be sacrificed in the name of national security? Is the authority or power of the President absolute beyond judicial review when they are said to be exercised to safeguard the nation from internal dissention?
She continued:
. . . We cannot justify silence, indifference, noninvolvement when the liberty of an individual is at stake and when human rights guaranteed by the fundamental law and the Universal Declaration of Human Rights are violated and/or curtailed. Otherwise, we fail in promoting justice for all men, in educating the public on their rights and what they should expect from the rulers of government.
And she closed by saying:
. . . It is my hope and prayer that we may be endowed by the Holy Spirit with its seven gifts — wisdom, understanding, counsel, knowledge, fortitude, piety, and fear of God — in order that we may see the light and be guided during this critical period in the history of our country.
Mr; Vice-President, some weeks ago, I wanted to bring to the attention of the Commission this speech I am referring to as a source of inspiration in our deliberations. But our President turned down my request. From what I understood, she did not want her speech to influence in any way the members of the Commission because of the position she holds. I would, however, wish to indicate that what she prophesied came to pass. And I believe that all the concerns in her speech have been addressed to by this body.
Mr. Vice-President, I believe in the saying that a leader is born, not made. Having served with our President in the First Regular Batasang Pambansa and in this Commission, I now understand why she is endeared in the hearts of many. Her meekness and humility are the fountainhead of her strength, and they guided us all through the critical days of organization and deliberations. In the words of my own mother — her wish was fulfilled to have a picture with our President — she is a very powerful lady.
In closing, I would now wish to echoe the ardent wish of many that one day soon our President will carry the voice of the Members of this Commission in the halls of the Senate, adding another first in her litany of achievements in the service of her country and people. It is only in this manner, Mr. Vice-President, that we could rest assured that what we labored for in this Commission will truly be implemented for our people.
Needless to say,. I ask for the unanimous approval of this resolution as presented by the honorable Floor Leader.
Thank you, Mr. Vice-President.
(Expressing the high regard and appreciation of the Con-Com for its President)
MR. RAMA: Mr. Vice-President, I ask for the approval of Proposed Resolution No. 550.
THE VICE-PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
Proposed Resolution No. 550 is unanimously approved.
The Floor Leader is recognized.
MR. RAMA: Mr. Vice-President, I ask that Commissioner Calderon, Assistant Floor Leader, be recognized to present a motion.
THE VICE-PRESIDENT: Commissioner Calderon is recognized.
MR. CALDERON: Mr. Vice-President, I move that a committee be constituted, composed of Commissioners Napoleon G. Rama, Ahmad Domocao Alonto, Jose F.S. Bengzon, Jr., and Maria Teresa F. Nieva to inform President Cecilia Muñoz Palma of the approval of said resolution, and to escort her back to the session hall and the rostrum.
MR. RAMA: I ask for the approval of the motion.
THE VICE-PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. RAMA: Mr. Vice-President, I ask for the suspension of the session for a few minutes.
THE VICE-PRESIDENT: The session is suspended for a few minutes.
It was 10:27a.m.
At 10:32 a.m., the session was resumed.
THE VICE-PRESIDENT: The session is resumed.
President Cecilia Muñoz Palma is recognized.
THE PRESIDENT: Thank you, Mr. Vice-President Ambrosio Padilla.
My beloved colleagues in the Constitutional Commission, and with your kind permission, may I also address our guests this morning:
Your Excellencies of the Diplomatic Corps, the Acting Chief Justice and Associate Justices of the Supreme Court, Members of the Cabinet and other dignitaries of government, my countrymen:
On June 2 of this year, 48 men and women gathered in this hall for the inaugural session of the Constitutional Commission of 1986, and took their solemn oath to write a new Charter for the Republic of the Philippines which, in the words of President Corazon Aquino will be, and I quote: “truly reflective of the aspirations and ideals of the Filipino people.”
Today, October 15, the closing session of the Constitutional Commission is taking place in this same hall where its Members have labored from morning till evening for no less than 111 working days. The 48 was reduced by one; several became sick and were hospitalized as the work progressed, and one is too sick to be present at these closing ceremonies.
Everyday we opened our plenary sessions with a prayer, led by a Commissioner called in alphabetical order, and in every prayer was reflected our full surrender to a Supreme Being, to God Almighty, seeking Divine guidance, wisdom, physical and spiritual strength, to enable the Commission to accomplish its sacred mission of drafting a new fundamental law that will rule the destiny and life of the Filipino nation.
My colleagues, today we are called upon to present to the Filipino people and to the community of nations the historic document which our hearts and minds have brought into existence with much love and dedication. Today we are called upon to make an accounting of every single word, phrase and sentence, of every punctuation mark, of every paragraph, section and Article written and, most importantly, of every thought, idea and principle enunciated in that document. Our people expect and await the new Charter with great expectations, clouded, however, with no little amount of misgivings as to what may have been produced.
My colleagues, as your President, it becomes my task and duty today to submit and offer to the Filipino people the Constitution you have written and drafted, and I assure you it will be a most happy task. The document admittedly is a lengthy one. The research of one of our Commissioners shows that it consists of 18 Articles, 321 long sections, and numerous subsections. With humility intertwined with profound pride, I can state that the new Constitution is a worthy legacy to the Filipino people of today, tomorrow and posterity.
The fires of patriotism which erupted in the Philippine Revolution of 1896 and produced the Magna Carta of Malolos, the intense desire and clamor for independence from foreign rule which inspired the eminent nationalists who framed the 1935 Constitution for the Philippine Commonwealth and which eventually became the Constitution of the Philippine Republic, the bitter experiences of the nation under a Constitution imposed upon the people under the aegis of martial rule — all these forces played a part in the framing of the new Charter of 1986 in this year of Our Lord.
A beautiful irony which cannot be overlooked is the fact that this new Constitution was discussed, debated, and finally written within the walls of this hall which saw the emergence of what was called by its author a “constitutional authoritarianism,” but which, in effect, was a dictatorship, pure and simple. This hall was the seat of a combined executive and legislative power skillfully placed in the hands of one man for more than a decade. However, the miracle of prayer and of a people's faith and determined struggle to break the shackles of dictatorship toppled down the structure of despotism and converted this hall into hallowed grounds where the seeds of a newly found freedom have been sown and have borne fruit.
My countrymen, we open the new Charter with a Preamble which is the beacon light that shines and brightens the path in building a new structure of government for our people. In that Preamble is expounded in positive terms our goals and aspirations. Thus, imploring the aid of Almighty God, we shall establish a just and humane society, a social order that upholds the dignity of man, for as a Christian nation, we adhere to the principle that, and I quote: “the dignity of man and the common good of society demand that society must be based on justice.” We uphold our independence and a democratic way of life and, abhorring despotism and tyranny, we bind ourselves to live under the rule of law where no man is above the law, and where truth, justice, freedom, equality, love and peace will prevail.
For the first time in the history of constitution-making in this country, the word “love” is enshrined in the fundamental law. This is most significant at this period in our national life when the nation is bleeding under the forces of hatred and violence. Love which begets understanding is necessary if reconciliation is to be achieved among the warring factions and conflicting ideologies now gripping the country. Love is imperative if peace is to be restored in our nativeland, for without love there can be no peace.
We have established a republican democratic form of government where sovereignty resides in the people and civilian supremacy over the military is upheld.
For the first time, the Charter contains an all-embracing expanded Bill of Rights which constitutes the cornerstone of the structure of government. Traditional rights and freedoms which are hallmarks of our democratic way of life are reaffirmed. The right to life, liberty and property, due process, equal protection of the laws, freedom of religion, speech, the press, peaceful assembly, among others, are reasserted and guaranteed. The Marcos provision that search warrants or warrants of arrest may he issued not only by a judge but by any responsible officer authorized by law is discarded. Never again will the Filipino people be victims of the much-condemned presidential detention action or PDA or presidential commitment orders, the PCOs, which desecrate the rights to life and liberty, for under the new provision a search warrant or warrant of arrest may be issued only by a judge. Mention must be made of some new features in the Bill of Rights, such as: the privilege of the writ of habeas corpus can be suspended only in cases of invasion or rebellion, and the right to bail is not impaired during such suspension, thereby discarding jurisprudence laid down by the Supreme Court under the Marcos dispensation that the suspension of the privilege of the writ carried with it the suspension of the right to bail. The death penalty is abolished, and physical, psychological or degrading punishment against prisoners or detainees, substandard and subhuman conditions in penitentiaries are condemned.
For the first time, the Constitution provides for the creation of a Commission on Human Rights entrusted with the grave responsibility of investigating violations of civil and political rights by any party or groups and recommending remedies therefor.
From the Bill of Rights we proceed to the structure of government established in the new Charter.
We have established the presidential system of government with three branches — the legislative, executive, and judicial — each separate and independent of each other, but affording an effective check and balance of one over the other.
All legislative power is returned and exclusively vested in a bicameral legislature where the Members are elected by the people for a definite term, subject to limitations for reelection, disqualification to hold any other office or employment in the government including government-owned or controlled corporations and, among others, they may not even appear as counsel before any court of justice.
For the first time in our Constitution, 20 percent of Members of the Lower House are to be elected through a party list system and, for three consecutive terms after the ratification of the Constitution, 25 of the seats shall be allocated to sectoral representatives from labor, peasant, urban poor, indigenous cultural communities, women, youth and other sectors as may be provided by law. This innovation is a product of the signs of the times when there is an intensive clamor for expanding the horizons of participatory democracy among the people.
The executive power is vested in the President of the Philippines elected by the people for a six-year term with no reelection for the duration of his/her life. While traditional powers inherent in the office of the President are granted, nonetheless for the first time, there are specific provisions which curtail the extent of such powers. Most significant is the power of the Chief Executive to suspend the privilege of the writ of habeas corpus or proclaim martial law.
The flagrant abuse of that power of the Commander-in-Chief by Mr. Marcos caused the imposition of martial law for more than eight years and the suspension of the privilege of the writ even after the lifting of martial law in 1981. The new Constitution now provides that those powers can be exercised only in two cases, invasion or rebellion when public safety demands it, only for a period not exceeding 60 days, and reserving to Congress the power to revoke such suspension or proclamation of martial law which congressional action may not be revoked by the President. More importantly, the action of the President is made subject to judicial review, thereby again discarding jurisprudence which render the executive action a political question and beyond the jurisdiction of the courts to adjudicate.
For the first time, there is a provision that the state of martial law does not suspend the operation of the Constitution nor abolish civil courts or legislative assemblies, or vest jurisdiction to military tribunals over civilians, or suspend the privilege of the writ. Please forgive me if, at this point, I state that this constitutional provision vindicates the dissenting opinions I have written during my tenure in the Supreme Court in the martial law cases. (Applause)
With these safeguards, it is hoped that never again will the Filipino people undergo the harrowing experiences of a dictatorship.
Of the three branches of government, it is said that the weakest is the judiciary. The new Charter clothes the judicial branch of government with the mantle of independence in order that it may attain once more its lost prestige and regain the faith of the Filipino people. The provisions on the judiciary aim to make the courts of justice the true and faithful “guardian of the Constitution, protector of people's rights and freedoms, and repository of the nation's guarantees against tyranny, despotism, and dictatorship.”
For the first time and breaking all traditions in the history of the judiciary in our country, judicial power is now expressly defined in the Constitution as to include the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction. What does this mean? Former Chief Justice Roberto Concepcion in his dissenting opinion in Javellana vs. Executive Secretary has the answer:
When the grant of power is qualified, conditional or subject to limitations, the issue on whether or not such conditions have been met is justiciable or nonpolitical and the courts have a duty rather than the power to determine whether another branch of government has kept within constitutional limits.
With this broad definition of judicial power, therefore, our highest tribunal can no longer evade adjudicating on the validity of executive or legislative action by claiming that the issue is a political question. Aside from the above, for the first time the judiciary is placed beyond the reach of politics and politicians through the creation of a Judicial and Bar Council and security of tenure of judges is assured with a specific prohibition that the legislature may not organize the courts when it shall undermine the security of tenure of the judges. Administrative supervision of the courts is placed in the hands of the Supreme Court.
Having presented to you the organic parts of the government structure, let us now look into the source of the bloodstream that gives life and substance to the provisions of the new Charter.
The Constitution has an Article on Declaration of Principles and State Policies and an Article on General Provisions.
My colleagues, the Article on Social Justice which we have framed is the heart of the new Constitution.
When Pope Paul II came to the Philippines and visited the slums of Tondo, he indicated the obligations of justice that confront society and all who have power, whether economic, cultural or political. He called attention to the intolerable situations that perpetuate the poverty and misery of the many who are constantly hungry and deprived of their rightful changes to grow and develop their human potential, who lack decent housing and sufficient clothing, who suffer illness for want of employment and protection against poverty and disease.
The Article on Social Justice answers these challenges and addresses itself to specified areas of concern - labor, agrarian and urban land reform, health, working women, indigenous cultural communities, and people's organizations. The agrarian reform program is founded on the right of farmers and farmworkers who are landless to own directly or collectively the lands they till or to receive a just share of the fruits of the land. This provision answers Pope John Paul II when he said:
. . . the land is a gift from God that he makes for all human beings and it is not to be used in such a way that its benefits are to the advantage of only a few while the vast majority are excluded from sharing in the benefits of the land and are condemned to a state of want, poverty and borderline existence.
The Article on the National Economy and Patrimony sets out our goal that the State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. There lies the reason for our statement that this Constitution is not only pro-poor and pro-people, but also pro-Filipino, notwithstanding claims to the contrary by some. For the first time, the use and enjoyment of the nation's marine wealth are reserved exclusively for Filipinos; agricultural lands of the public domain may be alienated only to Filipino citizens; executive and managing officers of public utilities must be citizens of the Philippines; the practice of all professions shall be limited to citizens of the Philippines: while the Filipino-First policy has been constitutionalized. These provisions, to my mind, demonstrate a significant step towards an effective control of business and the profession by Filipinos, while the “maligned” 60-40 equity ratio found in the article does not in itself preclude the government from increasing the Filipino equity even to 100 percent should conditions and the economic situation in the country in the near future justify such an economic policy. After all, the ultimate decision lies in the hands of the Filipino people acting through their elected national leaders in government.
Very close to my heart are the provisions on the family. For the first time, the Constitution devotes a separate Article on the Family thereby giving due recognition to the fact that the family is a basic autonomous social institution and, therefore, the State shall uphold the sanctity of family life, protect the stability of marriage and the right to found a family in accordance with one's religious beliefs and convictions, and responsible parenthood. At this time in the history not only of our country but of all mankind when the institution of the family is subjected to assaults against its inherent dignity as an instrument to God's creation, constitutional provisions which give protection and guarantees to rights and duties of parents are safeguards against the erosion of moral and spiritual values.
For the first time, the new Charter upholds the right to life of the unborn from conception. We believe that to destroy human life in the womb of the mother not only violates the sacredness of a living, growing and developing human being but also attacks society by undermining respect for all human life.
For the first time, the rights of the youth to free public elementary and secondary schooling and to quality education that will instill in them the virtues of patriotism, nationalism, morality and service to one's fellowmen are guaranteed.
For the first time, there is a positive declaration that the State guarantees the fundamental equality before the law of women and men. (Applause)
For the first time, there is a declaration against nuclear weapons in the country subject, however, to the demands of national interest. (Applause) This must be so for who can foretell the future? And must we close the doors to safeguard the security and welfare of coming generations by not providing for such a saving clause? There is also a prohibition against foreign military bases after 1991, unless there is the consent of the elected representatives of the people and of the Filipino people themselves expressed in a referendum, if necessary.
For the first time, people power is enshrined in this new Constitution by way of initiative, referendum and the power of recall. (Applause)
Decentralization in local government is assured and autonomous regions in Muslim Mindanao and the Cordilleras, subject to a plebiscite, are provided for.
Equally important is the provision on the accountability of public officers. Public office is a public trust and all officials in government from the highest to the lowest are accountable for their actions in office. (Applause) The immunity from suit found in the 1973 Constitution has been discarded and the procedure of impeachment for the impeachable public officials has been liberalized. (Applause)
My countrymen, we in the Commission admit that the document we have framed is not perfect. It has been said by one of the Commissioners that there is no perfect document on earth except the Word of God found in the Holy Scriptures. The Charter is lengthy, it is true, contrary to standard and traditional requirements of a written Constitution. But if the document is somehow detailed, although tremendous efforts were made to cut down its length and breadth, that is attributed to the fact that the 47 men and women who come from different walks of life and of diverse political, social and cultural persuasions have such a rich background on the issues confronting the nation that each had numerous contributions to the document which could not just be ignored.
The collective work of the Commission has produced a good inspiring Charter, but I cannot close this address of mine without stating here the distinctive legacy of each Commissioner in the new Charter. And thus, with your indulgence, let me state:
Yusup Abubakar — a valiant defense on the definition of our national territory; (Applause)
Domocao Alonto — establishment of an autonomous Muslim Mindanao; (Applause)
Felicitas Aquino — the fundamental equality before the law of women and men and the rights of labor; (Applause)
Adolfo Azcuna — the nuclear weapons-free principle; (Applause)
Teodoro Bacani — the right to life of the unborn from conception and teaching of religious instruction in public schools during reasonable class hours; (Applause)
Jose Bengzon — effective steering of the proceedings and the legitimacy of the tenure of office of President Aquino and Vice-President Laurel on the basis of the February presidential elections; (Applause)
Ponciano Bennagen — the right to self-determination of indigenous cultural communities and the creation of a separate Article on Social Justice; (Applause)
Joaquin Bernas — the composition of the Bill of Rights with particular reference to the definition and limitations of the martial law powers of the Chief Executive; (Applause)
Florangel Braid — provisions on cooperatives and mass communications; (Applause)
Jose Calderon — catalyst of the views on the U.S. military bases; (Applause)
Crispino de Castro — benefits for veterans and provisions on the Armed Forces of the Philippines that it is the protector of the people and the State; (Applause)
Jose Colayco — creation of the Office of the Ombudsman who shall act as defender of the people against government abuses and inefficiency; (Applause)
Roberto Concepcion — definition of judicial power and the composition of the Article on the Judiciary; (Applause)
Hilario Davide, Jr. — author of innumerable amendments but with particular mastery of the legislative department of the government; (Applause)
Vicente Foz — the right of workers in public and private enterprises to self-organization including the right to strike; (Applause)
Edmundo Garcia — role of people's organizations and creation of the Commission on Human Rights; (Applause)
Jose Luis Gascon — democratization of opportunities to education such as free public secondary education, subsidies, scholarships and grants to poor and deserving students; (Applause)
Serafin Guingona — people's right to education contained in an Article on Education, Science and Technology, Arts, Culture and Sports; (Applause)
Alberto Jamir — prohibition against block voting in elections and the 60-40 ratio amendment in public utilities which triggered a momentary crisis in the Commission; (Applause)
Jose Laurel, Jr. — advocacy of the features of a good Constitution that it should be brief, concise and definite which led to the consolidation of many provisions; (Applause)
Eulogio Lerum — rights of labor, more particularly the rights of workers to self-organization and to form associations not contrary to law; (Applause)
Regalado Maambong — application on the floor of the parliamentary procedure but more significantly his mastery of the sectional arrangement of the Constitution which we have today; (Applause)
Christian Monsod — innumerable amendments to reconcile government functions with individual freedoms and public accountability, and the party-list system for the House of Representatives; (Applause)
Teodulo Natividad — creation for the first time of the Philippine National Police, civilian in character and to be administered by NAPOLCOM, and prohibition against subhuman conditions in penitentiaries; (Applause)
Teresa Nieva — Article on Social Justice which reaches out to the underprivileged sectors of society; and family rights; (Applause)
Jose Nolledo — local government autonomy and decentralization of functions and elimination of political dynasties; (Applause)
Blas Ople — authored the industrialization provision in the Article on the National Economy and the principle of initiative as the people’s reserve power to amend the Constitution; (Applause)
Ambrosio Padilla — adoption in the Article on the Declaration of Principles of a provision on "peace and order" and of "private initiative in enterprises"; (Applause)
Cecilia Muñoz Palma — the Article on the Family; (Applause)
Minda Luz Quesada — integrated health development to improve the quality of life, especially for the poor, sick, elderly and disabled; (Applause)
Napoleon Rama — authored the statement in the Article on the Declaration of Principles that the prime duty of the government is to serve and protect the people; he was an effective floor leader; (Applause)
Florenz Regalado — clear and definite definition of the presidency, presidential succession, and cases of disability of the Chief Executive; (Applause)
Rustico de los Reyes — protection to communal fishing and rights of subsistence fishermen; (Applause)
Cirilo Rigos — the separation of Church and State and religious instruction; (Applause)
Francisco Rodrigo — champion of the bicameral legislature and jealous guardian of the legislative authority of the Senate; (Applause)
Ricardo Romulo — creation of the Judicial and Bar Council which is a vital feature of the independence of the judiciary; (Applause)
Decoroso Rosales — the six-and three-year terms for national elective officials; (Applause)
Rene Sarmiento — Bill of Rights with particular reference to compensation and rehabilitation of victims of violations and adequate legal assistance to the poor and the creation of the Commission on Human Rights; (Applause)
Jose Suarez — security of tenure of judges and civil service employees plus the Articles on Amendments to the Constitution and Transitory Provisions; (Applause)
Lorenzo Sumulong — creation of the Article on the Executive; (Applause)
Jaime Tadeo — agrarian land reform which, according to him, however, is still full of loopholes; (Applause)
Christine Tan — urban land and housing reform for the poor especially the so-called squatters in depressed areas; (Applause)
Gregorio Tingson — the inspiring Preamble where "love" is enshrined and the justification of the non- inclusion in the Constitution of a provision on a zone of neutrality for the Philippines; (Applause)
Efrain Treñas — speedy disposition of cases by the courts of justice, making the periods mandatory in character; (Applause)
Lugum Uka — his irrepressible sense of humor and guarantees to Muslim customs, traditions in relation to an autonomous region in Mindanao; (Applause)
Wilfrido Villacorta — principal author of sectoral representation in the House of Representatives; (Applause)
Bernardo Villegas — principles of solidarity and subsidiarity and the social function of property in the Article on the National Economy, and the right to life of the unborn from conception. (Applause)
My colleagues, today I render a public tribute to your creative minds which enriched the proceedings of the Constitutional Commission and produced the document which I have presented to our people.
It is a document which reflects the changing conditions of the time, the emerging social older, and, in the words of Commissioner Ed Garcia, it speaks of the people's “struggle to be truly free — free from want and hunger, free to determine and build and create a future of their own, free to sing their own song and to dream their own dreams.” Although Commissioner Garcia says that the Charter is “imperfect” and represents an “unfinished quest,” still it is a document which brings hope to our people.
I, therefore, pay tribute to your sincere and unselfish devotion to duty, your fiery patriotism and nationalism, your deep concern to improve the quality of life of our people, and your capacity to strike a working balance between various forces demanding changes in the economic and social levels of our society. For all these, you richly deserve the gratitude of a people long denied the blessings of truth, justice and freedom and now eagerly awaiting the dawn of a new constitutional democracy.
For my part, I thank each and everyone of you for having lightened the burdens and responsibilities of my office as President of the Commission. Without your zealous cooperation, understanding of my inadequacies, and readiness to accommodate where principles are not involved, this glorious day in Philippine history would not have been possible. If we have accomplished the mission given to us by our people it was because we rose above our personal biases and animosities and worked in peace and harmony to attain a common goal, the full liberation of the Filipino people.
I also thank the working force of the Commission headed by our active and learned Secretary-General, Atty. Flerida Ruth Romero, and her technical staff — the debate stenographers, those responsible for the efficient, prompt and accurate preparation of the daily journals, all the personnel of the Commission and of the Task Force, all of whom were exemplary in the performance of their respective duties. All of them have contributed in the making of history. (Applause)
One last word, the Constitutional Commission has framed a new Constitution with a vision — peace and happiness — for the Filipino people. But the vision will remain a mere vision if we the people do not give life to it by our deeds. We must live it and live by it. The final responsibility lies in our hands — shall the new Charter be a mere "rope of sand" that can be washed away by the strong currents of time or shall it be a rock, firm and indestructible, unyielding to forces of greed and power?
As the great nationalist Claro M. Recto, President of the Constitutional Convention of 1935, had said:
. . . to drive away all danger of anarchy as well as dictatorship, whether by one man or a few, it is necessary that both the government authorities and the people faithfully observe and obey the Constitution.
Yes, we must be ready to defend and uphold this fundamental law with our lives, if necessary, so that never again will it be trampled upon and desecrated by men of evil designs.
Today, as we draw the curtain on the work of the Constitutional Commission, I make a plea to our people — judge not this new Charter for its imperfections and inadequacies, but rather judge it for the unprecedented measures taken to protect and defend our rights and freedoms, uphold truth, justice and the rule of law, to give a better quality of life for the working man, the sick, the elderly, disabled, the indigenous cultural communities who have long been neglected and abandoned. Look upon this new Charter as a giant step towards rebuilding our shattered democracy and regaining our pride and dignity as a free and liberated noble nation.
I close with a prayer that Almighty God who has been with us all these days will continue to guide us and the Filipino people in order that the vision of the new Constitution of the Republic of the Philippines will be transformed into a golden reality of a vision fulfilled.
Thank you for your attention.
THE VICE-PRESIDENT: We will now proceed to the signing of the 1986 Constitution. The President will lead the signing.
The Secretary-General will please call the roll of the Commissioners for their respective and successive acts of signing the Constitution.
THE SECRETARY-GENERAL: May we call the Members of the Constitutional Commission of 1986 for the signing of the Filipino and English versions of the 1986 Constitution of the Republic of the Philippines.
The Commissioners approached the front table individually as their names were called, to sign both the English and Filipino versions of the Constitution, consisting of five copies each.
THE SECRETARY-GENERAL, reading:
Honorable Yusup R. Abubakar
Honorable Ahmad Domocao A. Alonto
Honorable Adolfo S. Azcuna
Honorable Teodoro C. Bacani
Honorable Jose F.S. Bengzon, Jr.
Honorable Ponciano Bennagen
Honorable Joaquin G. Bernas
Honorable Florangel Rosario Braid
Honorable Jose D. Calderon
Honorable Jose C. Colayco
Honorable Roberto R. Concepcion
Honorable Hilario G. Davide, Jr.
Honorable Vicente B. Foz
Honorable Edmundo G. Garcia
Honorable Jose Luis Martin C. Gascon
Honorable Serafin V.C. Guingona
Honorable Alberto M.K. Jamir
Honorable Eulogio R. Lerum
Honorable Regalado E. Maambong
Honorable Christian S. Monsod
Honorable Teodulo C. Natividad
Honorable Maria Teresa F. Nieva
Honorable Jose N. Nolledo
Honorable Blas F. Ople
Honorable Ambrosio B. Padilla
Honorable Minda Luz M. Quesada
Honorable Napoleon G. Rama
Honorable Florenz D. Regalado
Honorable Rustico F. de los Reyes, Jr.
Honorable Cirilo A. Rigos
Honorable Francisco A. Rodrigo
Honorable Ricardo J. Romulo
Honorable Decoroso R. Rosales
Honorable Rene V. Sarmiento
Honorable Jose E. Suarez
Honorable Lorenzo M. Sumulong
Honorable Jaime S.L. Tadeo
Honorable Sr. Christine Tan
Honorable Gregorio J. Tingson
Honorable Efrain B. Treñas
Honorable Lugum L. Uka
Honorable Wilfrido V. Villacorta
Honorable Bernardo M. Villegas
At this juncture, the Vice-President relinquished the Chair to the Honorable Jose F.S. Bengzon, Jr.
THE SECRETARY-GENERAL, reading:
The Vice-President, the Honorable Ambrosio B. Padilla.
The President, the Honorable Cecilia Muñoz Palma.
There are still three items in the agenda to be disposed of after the signing ceremonies.
May the Chair request the Commissioners to return to their seats and the guests return to the gallery.
At this juncture, the Presiding Officer relinquished the Chair to the President, the Honorable Cecilia Muñoz Palma.
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
(Recommending a date for the holding of a plebiscite for the ratification/rejection
of the 1986 Constitution)
MR. RAMA: I move that we take up the consideration of Proposed Resolution No. 553, suggesting a date for the holding of a plebiscite for the ratification of the Constitution.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. RAMA: May I ask that Commissioner Bengzon be recognized.
THE PRESIDING: Commissioner Bengzon is recognized.
MR. BENGZON: Madam President, I move that we adopt Proposed Resolution No. 553, entitled:
RESOLUTION RECOMMENDING TO THE PRESIDENT OF THE PHILIPPINES JANUARY 23, 1987 FOR THE HOLDING OF THE PLEBISCITE FOR THE RATIFICATION OF REJECTION OF THE CONSTITUTION.
The text of the resolution reads:
WHEREAS, Section 14 of Proclamation No. 9, dated April 23, 1986, provides that the plebiscite for the ratification or rejection of the new Constitution shall be held not later than sixty days following its submission to the President of the Philippines;
WHEREAS, the proposed Constitution embodies innovative provisions which establish a new order in the areas of social, economic, cultural and human rights;
WHEREAS, the people's proper and clear understanding of the Constitution, particularly the new concepts thereof, is necessary for them to cast their votes intelligently,
* presidential form of government with a bicameral legislature; and
WHEREAS, the period of sixty days may not be sufficient to conduct the needed information campaign and to achieve the objective of having an enlightened citizenry: Now therefore, be it
RESOLVED BY THE CONSTITUTIONAL COMMISSION, To recommend, as it hereby recommends, to the President of the Philippines January 23, 1987 for the holding of the plebiscite for the ratification or rejection of the Constitution.
The authors of this resolution, aside from this Representation, are: Commissioners Napoleon Rama, Ricardo Romulo, Christian Monsod, Jose Calderon, Ambrosio Padilla, Ahmad Domocao Alonto and Lugum Uka.
I move for its approval.
MR. RAMA: I move that we proceed to the period of amendments.
May I ask that Commissioner Davide be recognized to propose an amendment.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
Commissioner Davide is recognized.
MR. DAVIDE: The amendment is the addition of the phrase "WITH THE ORDINANCE APPENDED THERETO" after the phrase "the ratification or rejection of the Constitution."
THE PRESIDENT: Is that accepted?
MR. BENGZON: It is accepted, Madam President.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the amendment is approved.
(Recommending a date for the holding of a plebiscite for the ratification/rejection
of the 1986 Constitution)
THE PRESIDENT: As many as are in favor, please raise their hand. (All Members raised their hand.)
As many as are against, please raise their hand. (No Member raised his hand.)
The results show 46 votes in favor and none against; the motion is approved.
Proposed Resolution No. 553 is unanimously approved.
MR. RAMA: Madam President.
THE PRESIDENT: The Floor Leader is recognized.
MR. RAMA: I move that the entire Constitutional Commission constitute itself as a committee of the whole to call on the President of the Philippines and present to her a copy of the Constitution approved by the Commission.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. RAMA: Madam President, I move that we approve the Journal of today's session as certified by the Secretary and approved by the President of the Commission.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the motion is approved.
MR. RAMA: Madam President, I move for adjournment of the session.
THE PRESIDENT: Is there any objection? (Silence) The Chair hears none; the session is adjourned. (Applause)
It was 12:18 a.m.
* Appeared after the roll call.
* Copied verbatim from documents obtained directly from the Preparatory Commission for Constitutional Reform.