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Monday, October 13, 1986

CALL TO ORDER

At 10:58 a.m., the President of the Constitutional Commission, the Honorable Cecilia Muñoz Palma, called the session to order.

NATIONAL ANTHEM AND PRAYER

The National Anthem was sung followed by a prayer led by Mr. Cirilo A. Rigos, to wit:

Most merciful and loving God, whose thoughts are higher than our thoughts, we vow before Thy Majesty for Thy patience in guiding us all along the way, for pains that served to purge our souls, for victories that gave us a foretaste of the joy which the world can never give, we give You thanks, O God. We offer unto Thee the product of our collective work; may it be a channel of Thy Grace and an instrument of Thy peace, and may it contribute to the healing of the nation and the building of a world where love and justice reign.

Above all, help us to offer ourselves, that we may overcome every tendency to be proud or self-righteous. Teach us to be humble and willing to learn from the lowly and to serve even the unloving. And as we continue to face the duties of our common life, may the fullness of Thy presence abide with us, until our eyelids close in death.

In Jesus name we pray.

Amen.

ROLL CALL

On motion of Mr. Rama, there being no objection, the Body dispensed with the Roll Call.

DEFERMENT OF THE READING AND APPROVAL OF THE JOURNAL

Likewise, on motion of Mr. Rama, there being no objection, the Body deferred the reading and approval of the Journal of the previous session.

REFERENCE OF BUSINESS

On motion of Mr. Rama, there being no objection, the Body proceeded to the Reference of Business.

REFERRAL TO COMMITTEE OF RESOLUTION

Upon direction of the Chair, the Secretary-General of the Commission read the title of the following Resolution which was, in turn, referred by the Chair to the Steering Committee:

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 MANILA AREA

Introduced by Hon. Davide, Jr., Azcuna, Sumulong, Calderon, Alonto, Jamir, Lerum, Guingona, Abubakar, Rodrigo, Aquino, Concepcion, De los Reyes, Jr., Garcia and Treñas.

(At this juncture, the President relinquished the Chair to the Honorable Ricardo J. Romulo.)

UNFINISHED BUSINESS: ORDINANCE ON THE APPORTIONMENT OF LEGISLATIVE DISTRICTS

On motion of Mr. Rama, there being no objection, the Body proceeded to the consideration of the Report of the Committee on the Legislative on 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 Manila area.

SUSPENSION OF THE RULES

On motion of Mr. Rama, there being no objection, the Body suspended the Rules so that it could later proceed with the Second and Third Reading on Resolution No. 551.

The Chair recognized Mr. Davide and the Members of the Committee on the Legislative.

SPONSORSHIP REMARKS OF MR. DAVIDE

Mr. Davide stated that the Constitution of the Republic of the Philippines which the Body approved during the previous session mandates that the House of Representatives shall be composed of not more than 250 members, unless otherwise provided by law, who shall be elected from legislative districts apportioned among the provinces, cities and Metropolitan Manila area in accordance with their respective inhabitants and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional and sectoral parties or organizations.

He explained that the party-list representatives shall constitute 20 per centum of the total number of representatives including those under the party-list and that for three consecutive terms after the ratification of the Constitution one-half of the seats allocated to the party-list representatives shall be filled, as provided by law, by election or selection from the labor, peasant, urban poor, indigenous cultural communities, women, youth and such other sectors as may be provided by law except the religious sector.

He added that each legislative district shall comprise as far as practicable contiguous, compact and adjacent territories with each city having a population of at least 250,000 or each province entitled to at least one representative. Hence, he pointed out that on the basis of a 250 seat — House of Representatives, 200 seats would be allotted for the regular legislative districts while 50 would be allocated for the party-list representatives of which 25 would be for three consecutive terms.

Mr. Davide pointed out that upon motion of Ms. Aquino, it was decided that the Body itself apportion the legislative districts to be incorporated in an ordinance to be appended to the new Constitution. He stated that the proposed Ordinance fixes at 200 the number of legislative seats which were, in turn, apportioned among the provinces and cities with a population of at least 250,000 and the Metropolitan Manila area in accordance with the number of their respective inhabitants on the basis of a uniform and progressive ratio. He added that the population was based on the 1983 projection with the 1980 official enumeration as the point of reckoning. He explained that this projection indicates that the country's population is at least 56 million more or less, taking into account the mandate that 250,000 persons should have at least one representative.

He added that the Committee first allotted one seat for each of the 73 provinces and one each for all the cities with a population of at least 250,000, namely the cities of Manila, Quezon, Pasay, Caloocan, Cebu, Iloilo, Bacolod, Cagayan de Oro, Davao and Zamboanga and thereafter, the Committee proceeded to increase whenever appropriate the number of seats for the provinces and cities in accordance with their number of inhabitants on the basis of a uniform and progressive ratio. He explained that with these as the guidelines, the cities which do not qualify would become component parts of the legislative districts. of the provinces where they are geographically located. He added that three cities which were allotted separate seats in the 1984 parliamentary elections, namely, Baguio, Olongapo and Iligan are no longer entitled to separate seats in the House of Representatives due to their failure to comply with the population requirements.

He explained that compared with the allocation of seats provided for in the Ordinance appended to the 1973 Constitution which was used as the basis for the 1984 regular Batasang Pambansa elections, the present allocation increased the number of seats from 183 to 200 under which the following regions have increases: Region II, from 11 to 12; Region III, from 17 to 19; Region IV, from 24 to 25; Region V, from 13 to 14; Region VI, from 16 to 17; Region VIII, from 10 to 11; Region XII, from 9 to 11; Region X, from 10 to 14; Region XI, from 12 to 15; and the National Capital Region, from 21 to 22. He pointed out that no region suffered a reduction of the seats allotted to them under the 1984 Ordinance. He added that in the distribution of seats and the apportionment thereof, the Committee objectively considered all protests and complaints formally received by it.

In this connection, he pointed out that the Province of Cavite presented a very peculiar problem because the Commission on Elections (COMELEC) submitted an apportionment scheme for the province which Mr. Jamir amended through a counter-proposal and which, in turn, was favorably considered by the COMELEC. However, he stated that the proposal of Mr. Jamir was vigorously objected to by former Senator Justiniano Montano who maintained that the original COMELEC proposal is more in accord with the standards of apportionment. He added that former Delegate to the 1971 Constitutional Convention, Mr. Abraham Sarmiento, likewise objected to the proposal of Mr. Jamir in view of which the proposed Ordinance insofar as Cavite is concerned indicates the original COMELEC recommendation which Mr. Jamir could amend at the proper time.

Aside from this, Mr. Davide added that former MP Renato Cayetano also objected to the combination of Las Piñas and Muntinlupa and proposed to maintain the 1984 arrangement with Pateros, Taguig and Muntinlupa constituted as one district. He explained that in 1984, Parañaque and Las Piñas were combined into one district whereas under the Committee's proposal Parañaque would have a separate seat but Las Piñas could not qualify for such separate seat. He informed that if the combination of Pateros, Taguig and Muntinlupa is maintained, they would be underrepresented because their combined population is 448,205 hence following the standards, Las Piñas and Muntinlupa would be combined as one group while Taguig and Pateros would constitute the other group.

Thereafter, Mr. Davide acknowledged the invaluable assistance and cooperation given by the COMELEC staff and the Committee Secretary.

INTERPELLATION OF MR. GUINGONA

In reply to Mr. Guingona's query whether the Committee has set any time limit within which the COMELEC could make minor adjustments in the apportionment as provided for in Section 2, Mr. Davide stated that the Body should not set any time limit unless a proposal to that effect is made during the period of amendments.

INTERPELLATION OF MR. DE CASTRO

On Mr. de Castro's query whether the transfer of one municipality from one district to another district could still be considered a minor adjustment, Mr. Davide replied in the negative, stating that minor adjustment does not include changes in the allocations per district. He explained that the term only covers instances such as the inclusion of the name of a territory, still within the assigned district, which inadvertently omitted, or rectifying the errors of names of municipalities which may have already been changed by the Interim or the Regular Batasang Pambansa.

INTERPELLATION OF MR. NOLLEDO

Mr. Nolledo inquired on the reason for including Puerto Princesa in the northern towns when it has more affinity with the southern towns of Aborlan, Batarasa, Brooke's Point, Narra, Quezon and Marcos. He stated that the First District has a greater area than the Second District. He then queried whether population was the only factor considered by the Committee in redistricting.

Replying thereto, Mr. Davide explained that the Committee took into account the standards set in Section 5 of the Article on the Legislative Department, namely, 1) the legislative seats should be apportioned among the provinces and cities and the Metropolitan Manila area in accordance with their inhabitants on the basis of a uniform and progressive ratio; and 2) the legislative district must be compact, adjacent and contiguous.

Mr. Nolledo pointed out that the last factor was not met when Puerto Princesa was included with the northern towns. He then inquired what is the distance between Puerto Princesa from San Vicente.

SUGGESTION OF MR. DE CASTRO

At this juncture, Mr. de Castro suggested that the Body begin its discussions according to the enumeration stated in the report which starts with the Metropolitan Manila area.

Mr. Nolledo maintained that those who made reservations should be given the first chance to interpellate. He stated, however, that the Body could follow Mr. de Castro's suggestion after he is through.

Mr. Rama stated that the Body could follow Mr. de Castro's suggestion during the period of amendments. He noted that the Body was still in the period of interpellations.

The Chair asked Mr. Nolledo to proceed

CONTINUATION OF MR. NOLLEDO'S INTERPELLATION

Thereupon, Mr. Nolledo stated that Puerto Princesa has a population of 75,480 and based on the apportionment, its inclusion with the northern towns would result in a combined population of 265,000 as against only 186,000 for the south. He added that Cuyo and Coron are very important towns in the northern part of Palawan and, in fact, Cuyo was the capital of Palawan before its transfer to Puerto Princesa. He also pointed out that there are more potential candidates in the north and therefore if Puerto Princesa City and the towns of Cuyo and Coron are lumped together, there would be less candidates in the south, most of whose inhabitants are not interested in politics. He then suggested that Puerto Princesa be included in the south or the Second District.

Mr. Davide stated that the proposal would be considered during the period of amendments. He requested that the COMELEC staff study said proposal.

INTERPELLATION OF MR. UKA

Mr. Uka stated that he received a letter from a leader of the Municipalities of Talayan, Upi and South Upi of the Province of Maguindanao requesting that the said municipalities be included in the First District to prevent the unfair, unjust, unreasonable and undemocratic consequence of gerrymandering-on the following grounds:

First, the municipalities of Talayan, Upi and South Upi were formerly parts of the Municipality of Dinaig, thus, their inclusion in the First District will maintain the accessibility to transportation and communication. He also stated that it will preserve political stability and common interest among the people in the area since, historically and traditionally, said municipalities have the same political, economic, cultural, social, tribal, ancestral and peace and order interests from the pre-Spanish era to the present. He stressed that to dismember this compact and united territory would not only be impractical but also very unfair.

Secondly, he stated that the Province of Maguindanao has since time immemorial been divided into the Upper Valley known as Laya and the Lower Valley known as Ilut, which up to the present are under the accepted regional political, traditional and sectoral leaders. He stressed that it would be unfair and unwise to assimilate them into the Upper Valley or the Second District and thereby create instability, chaos and disunity. He stated that consultations with the constituents of the First District have not been done and, therefore, the proposal should be amended to conform to the true wishes and desires of the people of Talayan, Upi and South Upi. He expressed doubts on whether the Second District alone could muster even five percent of the affirmative votes.

Mr. Davide stated, however, that with the proposal, the First District would have a total population of 297,049 while the Second District consisting of the municipalities of Talayan, Upi and South Upi would have a total of 295,620, or a difference in population of about 2,000. He explained that should the municipalities of Upi, Talayan and South Upi be transferred to the First District, the First District would have a total population of 373,779 while the Second District would only have 218,890, thus there would be an imbalance in population.

Mr. Uka inquired whether it would be possible to remedy the situation, in reply to which, Mr. Davide stated that amendments to the proposal would be welcome, taking into consideration, however, the problem of imbalance in population.

INTERPELLATION OF MR. OPLE

In reply to Mr. Ople's query on the extra seat accorded to Metro Manila, Mr. Davide stated that it was allotted to Valenzuela as a separate unit. He stated that during the 1984 parliamentary elections, Parañaque and Las Piñas were combined while Taguig, Pateros and Muntinlupa were grouped into another district. Under the proposal, he stated that Taguig and Pateros would be one district, Muntinlupa and Las Piñas would be another, and Parañaque with a population of more than 275,000 would be another district.

Mr. Ople pointed out, however, that Valenzuela, Malabon and Navotas used to be only one district and the segregation of Parañaque into a district from Las Piñas, Muntinlupa, Taguig and Pateros would show that two districts were added to Metro Manila.

Mr. Davide maintained that only one was added since Metro Manila used to have 21 seats which would be increased to 22 under the proposal. He stated that Malabon and Navotas would be combined while Valenzuela would have its own seat. He added that Parañaque would likewise have its own seat.

Mr. Ople inquired how the apparent confusion could be reconciled since it would be necessary to deduct a seat elsewhere in order to create two new districts.

Mr. Davide requested that he be allowed to reply later since the matter would require a little more study.

On the two additional seats for Central Luzon, Mr. Davide stated that for Region III two seats would be added for Bataan and Zambales.

On whether the people of Olongapo and Angeles cities would be voting for provincial officials considering that they failed to comply with the required standard to become districts by themselves, Mr. Davide stated that it would depend on the provisions of the Article on Local Governments and Autonomous Regions under which highly-urbanized cities as deter mined by the Local Government Code would not be allowed to participate in the election of the provincial officials, in the same manner as those cities whose charters disenfranchise the voters for purposes of electing the provincial officials. He stressed that the Charters of Olongapo and Angeles cities would have to be looked into.

Mr. Ople stated that Olongapo is a highly-urbanized city but expressed doubt as to whether Angeles City has the same status.

Mr. Davide clarified that for Angeles City, it could be on the basis of its population which is more than 200,000. He stated that on the basis of 200 to 250,000 population, Angeles City could be classified as a separate district and, if its income would exceed P30 million it would qualify as a highly-urbanized city in accordance with the Local Government Code.

PERIOD OF AMENDMENTS

On motion of Mr. Rama, there being no objection, the Body proceeded to the Period of Amendments.

INQUIRIES OF MR. SUAREZ

Mr. Suarez stated that during the Marcos Administration, there were attempts to declare Angeles City as a highly-urbanized city and that in the Omnibus Election Code, a rider was included laying down certain qualifications for elevating chartered cities into highly-urbanized cities, excepting them from voting on the provincial level. He pointed out that the proposal would have the effect of nullifying all of the standards, criteria and qualifications set therein.

Mr. Davide clarified that it would not because the determination of whether a city is highly urbanized or not would be governed strictly by the Local Government Code which qualifies a highly urbanize city as having a population of not less than 250,000 and an income of not less than P30 million.

He stated that Angeles City could apply for classification as a highly urbanized city under the Local Government Code if it meets all the requirements stated that in the case of Bacolod and Iloilo cities, although they were qualified, they did not apply for classification as highly urbanized cities.

He affirmed that a highly urbanized city which has less than 250,000 population would not be entitled to a separate district representation.

He affirmed that if Angeles City had already been classified as a highly urbanized city, its residents cannot vote for the provincial officials even if they are otherwise entitled to it.

Mr. Suarez argued that it would be disenfranchising the people of Angeles City of their right to vote on the provincial level, in reply to which, Mr. Davide stated that the Article on Local Governments had already been approved.

Mr. Suarez commented that it would be discriminating against the electors and voters of Angeles City.

Mr. Davide stated that urbanization is not the issue in the discussion. He pointed out, however, that the people of Angeles City would not be disenfranchised because they would be joined together with another municipality for purposes of electing their representative to Congress.

On whether the situation could be remedied, considering that the residents of Magalang and Mabalacat would be entitled to vote for the provincial officials when, together with Angeles City, the three areas belong to the same district, Mr. Davide affirmed that the consequence would be to deny the residents of Angeles City from voting for provincial officials, if it were converted into a highly urbanized city. He reiterated, however, that the matter pertains to the Article on Local Governments which would require a reopening to remedy the situation.

Mr. Rama stated that should Mr. Suarez move for the reopening of the Article, he would join him because it was his original idea to allow highly urbanized cities to vote for provincial officials.

Mr. Ople suggested that Angeles City desist from applying for a highly-urbanized status like what Iloilo and Bacolod cities did. He stated that the Local Government Code merely implements the provision of the 1973 Constitution.

In the case of Olongapo City, he stated that being a highly-urbanized city, its residents are disqualified from voting for provincial officials.

Mr. Treñas volunteered the information that Iloilo City applied for a highly-urbanized status but the party in power then found it unfavorable to its cause, adding that a case which was filed before the Supreme Court was dismissed.

COMMITTEE AMENDMENTS

On motion of Mr. Davide, there being no objection, the Body approved the following Committee amendments to wit:

1) on the enumeration of municipalities following district, insert MUNICIPALITIES OF after the colon (:);

2) on districts which include a city where the city is first mentioned, add AND MUNICIPALITY if there is only one municipality, or AND THE MUNICIPALITIES OF if an enumeration of several municipalities follows;

3) on Region III, correct the spelling of " Palyan City" to PALAYAN;

4) on Region III, Bulacan, — for the Third District, after "Remedios", add TRINIDAD;

5) on Region VI, Second District of Iloilo, substitute "David " to PAVIA;

6) for Negros Occidental, transpose the Municipality of " S. Benedicto" in the Third District to the First District following "Escalante";

7) on Region VII, transpose "Sierra Bullones" and "Pilar" from the Second District to the Third District following "Anda";

8) on the same Region, on Cebu, insert SAMBOAN after " Santander" in the Second district, line 4;

9) on the Fifth District of Cebu, substitute "Sugod" to SOGOD;

10) on the First District of Cebu City, substitute "Cogon-Ranos" to COGON-RAMOS on line 4;

11) on Negros Oriental, correct ''Zamboangita'' to ZAMBOANGUITA and "Siabon" to SIATON;

Mrs. Rosario Braid noted that "Dunaguete" should be spelled DUMAGUETE, which correction was approved by the Body.

On Region VIII, Mr. Davide corrected "Babatugon" to BABATNGON, which correction was approved by the Body.

Mr. Davide further corrected that, with respect to the Third District, after "Calubian" it should be CULABA not "Culabe"; KAWAYAN instead of "Kaywan". There being no objection, the corrections were approved by the Body.

The following corrections were likewise approved by the Body:

1) In Northern Samar, on line 3, it should read SAN ANTONIO not "San Antino";

2) For Region IX, Zamboanga del Norte, on line 4, it should read POLANCO instead of "Polancio ";

3) Delete the "ñ" in "Sindañgan" so it would read SINDANGAN;

4) DAPITAN CIT

4) DAPITAN CITY not "Papitan City", also in Zamboanga del Norte;

5) Substitute the semicolon (;) after " Dipolog City" with a COMMA (,);

6) In Zamboanga del Sur, second line, it should read DUMINGAG instead of "Dumineg";

7) In Region X, it should be VINCENZO not "Vicenzo";

8) In Zamboanga del Sur, on the fourth line from the last, it should also read VINCENZO not "Vicenzo";

9) On the fifth line from the last, it should be SAN MIGUEL not "Sam Miguel";

10) In Region X, it should be LAS NIEVES not "las Nieves";

11) In Bukidnon, on the second line, from the last, it should be KITAOTAO not "Kataotao";

13) For Misamis Oriental, on the third line, it should be BINUANGAN not "Binaungan"

Mr. Padilla suggested that the Committee be authorized to make the necessary corrections on the typographical errors in the names of municipalities.

Thereafter, the following corrections were approved by the Body:

1) After the entry "Misamis Oriental", insert the names of all localities following it in indented capital letters;

2) On the entry for Surigao del Norte, after "City", it should be "(2)" instead of "(3)" and a dash (-) thereafter;

3) With respect to Region V, it should read CATANDUANES not "Catandaduanes".

PERIOD OF AMENDMENTS

There being no further corrections, upon motion of Mr. Rama and there being no objection, the Body proceeded to the period of amendments. Mr. Rama informed that the presentation would be district by district, followed by the Committee Report.

There were several proposals made with respect to the order of presentation, to wit:

1) Mr. Alonto proposed to proceed from bottom to top, beginning with Region XII;

2) Mr. de Castro suggested starting with Region I;

3) Mr. Monsod proposed that 13 pieces of paper, each representing a region, be placed in a box from which the names of the region will be drawn one by one.

Upon inquiry of the Chair, Mr. Davide informed that there are three proposals to begin with Region IV, none for Regions I, II, III, and the rest have one each with the exception of Region XII. Thereupon, the Chair suggested that the Body start with the regions with no changes and then proceed to the controversial regions.

REGION I

Mr. Davide then moved for approval of the apportionment of Region I which has no amendments as indicated in the Annex to the ordinance resolution.

Region I comprises the following provinces:

Abra La Union

Benguet Mountain Province

Ilocos Norte Pangasinan

Ilocos Sur

There being no objection, the apportionment of Region I was approved by the Body.

REGION II

There being no objection, the apportionment of Region II was approved by the Body.

Region II comprises the following provinces:

Batanes Ifugao

Cagayan Isabela

Kalinga-Apayao Quirino

Nueva-Vizcaya

REGION III

In view of the proposal for the districting of Nueva Ecija, Mr. Suarez moved for deferment of consideration of Region III.

NATIONAL CAPITAL REGION

Mr. Davide also moved for the deferment of consideration of NCR on which amendments were proposed.

Mr. Ople informed that the problem of the missing seat, with respect to the Metropolitan Area, had been solved. He noted that according to Mr. Monsod, the cluster of Valenzuela, Malabon and Navotas had two seats in 1984 and that there is no need to look for a missing seat after Valenzuela and Parañaque were created as separate districts. Mr. Davide affirmed that the problem had been solved.

At this juncture, the Chair stated that the Body, as agreed upon, would proceed first with the regions without amendments.

Thereupon, Mr. Davide stated that the NCR was up for consideration and that the Committee would propose the following substitute amendment to the apportionment and districting of Quezon City:

First District, Barangays of: Del Monte, Paltok, Bungad, San Antonio, Katipunan, Veterans Village, Talayan, Damayan, Mariblo, Paraiso, Sta. Cruz, Nayong Kanluran, Philam, West Triangle, N.S. Amoranto, Paang Bundok, San Isidro Labrador, Sta. Teresita, Salvacion, Maharlika, St. Peter, Lourdes, Sto. Domingo, Sienna, San Jose, Manresa, Pag-ibig sa Nayon, Balingasa, Masambong, Damar, Bahay Toro, Sto. Cristo, Ramon Magsaysay, Project 6, Vasra, Alicia and Bagong Pag-Asa.

Second District, Barangays of: Fairview, New Era, Holy Spirit, Batasan Hills, Commonwealth, Payatas, Bagong Silangan, Sauyo, Talipapa, Bagbag, San Bartolome, Sta. Lucia, Gulod, Novaliches Proper, San Agustin, Nagkaisang Nayon, Sta. Monica, Kaligayahan, Pasong Putik, Apolonio Samson, Unang Sigaw, Tandang Sora, Pasong Tamo, Culiat, Baesa, Capri, Balumbato and Sangandaan.

Third District, Barangays of: E. Rodriguez, Silangan, Quirino 3-A, Duyan-Duyan, Quirino 3-B, Amihan, Socorro, San Roque, Manga, Zobel Dioquino, Tagumpay, Aguinaldo, White Plains, St. Ignatius, Blue Ridge A, Blue Ridge B, Bayanihan, Escopa 1, Escopa 2, Escopa 3, Escopa 4, West Kamias, East Kamias, Quirino 2 A, Quirino 2 B, Quirino 2 C, Ugong Norte, Bagumbayan, Libis, Villa Maria Clara, Masagana, Milagrosa, Marilag, Bagumbuhay, Loyola Heights, Pansol and Matandang Balara.

Fourth District, Barangays of: Bagong Lipunan, Kaunlaran, San Martin, Immaculate Conception, South Triangle, Sacred Heart, Laging Handa, Paligsahan, Obrero, Roxas, Kamuning, Tatalon, Don Manuel, Doña Josefa, San Isidro, Doña Aurora, Santo Niño, Santol, Doña Imelda, Kristong Hari, Kalusugan, Damayang Lagi, Mariana, Valencia, Horseshoe, Pinagkaisahan, San Vicente, U.P. Campus, Krus na Ligas, Central, Old Sipitol Site, U.P. Village, Teacher's East, Teacher’s West, Sikatuna, Malaya, Piñahan and Botocan.

Mr. Sarmiento withdrew his reservation on the apportionment and districting of Quezon City.

Thereupon, the Body approved the apportionment and districting of NCR which comprises of the following:

Manila

Quezon City (as amended)

Caloocan City

Pasay City

Malabon and Navotas

San Juan and Mandaluyong

Marikina

Makati

Pasig

Parañaque

Las Piñas and Muntinlupa

Pateros and Taguig

Valenzuela

PROPOSED AMENDMENT OF MR. JAMIR

Mr. Jamir stated that, as a Member of the Committee, he had signed the Committee Report with reservation in view of his amendment by substitution on the apportionment and districting of the province of Cavite. His amendment, he stated, is to delete the first paragraph of the Committee Report, with respect to Cavite, and to substitute the second paragraph with the notation "Commissioner Jamir's proposal". For purposes of clarification and identification, he marked the paragraph to be deleted as "A" and his proposal as "B".

Upon inquiry of Mr. Jamir, Mr. Davide informed that the Committee would submit the proposed amendment to the Body.

Mr. Jamir thanked Mr. Davide for stating in his sponsorship speech that his (Mr. Jamir's) proposal had been approved by the COMELEC. He informed that Executive Director de Lima of COMELEC had told him that the proposal was "beautiful" inasmuch as each district contains one city.

Mr. Jamir pointed out that his proposal covers contiguous, compact and adjacent municipalities and that the residents of each district have common sources of livelihood. The First District, he stated, consists of sea coast towns with fishing as principal source of livelihood; the Second District consists of towns which are palay-producing; and the Third District consists of towns which are vegetable and fruit-growing. He added that the general direction followed is East to West.

The First District, he informed, consists of the towns of Bacoor, Kawit, Noveleta, Rosario and Cavite City and that distances between these towns are: from the municipal building of Bacoor to the municipal building of Rosario, Cavite — 25 kilometers; Bacoor to Cavite City — 20 kilometers. He stated that the towns are contiguous to each other, separated by 3 or 10-meter wide rivers as Bacoor is separated from Kawit by the 10-meter wide Bacoor River; Kawit and Noveleta by a 3-meter wide river; Noveleta and Cavite City by a 3-meter wide river; Noveleta and Rosario by a 3-meter wide river.

With respect to the Second District, Mr. Jamir stated that the town of Imus is not separated by any river from the town of Dasmariñas which is neither separated by any river from the town of General Alvarez although there is a very narrow river between Carmona and Dasmariñas. He also stated that the towns of General Trias, Tanza and the City of Trece Martires are not separated by any river from its adjacent territories.

On the allegation that the distance between Carmona and Trece Martires is about 200 kilometers, Mr. Jamir stated that such allegation is untrue considering that the distance between the two towns is barely 70 kilometers. Moreover, Mr. Jamir denied the allegation that the roads in these towns are unpaved and the places adverted to are hinterlands. He pointed out that Manila and Makati residents who go to Matabungkay beach in Batangas pass through the towns of Carmona, Dasmariñas, Silang and Tagaytay.

In the Third District, Mr. Jamir stated that Silang and Tagaytay are contiguous and are not separated by any river or any natural boundary. He also stated that from Tagaytay, one goes down to Amadeo or Mendez-Nuñez without passing through any river. From Tagaytay, he stated that one may proceed west-ward to Alfonso from where he can further proceed to Baylen or Magallanes, also without crossing any river. He pointed out, however, that between Mendez-Nuñez and Indang is a small bridge from where one may proceed to Naic and Maragondon without crossing a river, and from Maragondon, he may branch to the right to reach Puerto Azul again without crossing any river.

Mr. Jamir stated that the distance from Silang to Naic is about 25 kilometers, and from Naic to Maragondon and Ternate, about 8 kilometers. He pointed out that the road in Magallanes, which used to be isolated from civilization before martial law, is now concrete and the same could be said of the road from Naic to Maragondon and to Puerto Azul and from Alfonso to Baylen. He underscored that the distances in the Third District are quite long but it could not be helped because they branch out and the towns do not go through one straight line.

In view of all the foregoing, Mr. Jamir stated that the charge of gerrymandering is without basis. He pointed out that in his proposal of August 4, 1986 which was approved by the COMELEC, he did not state the reason therefor because as much as possible he did not want to picture in the records of the Constitutional Commission the unhappy state in which Cavite finds itself. He stated that the towns of Bacoor, Imus and Kawit comprised the political enclave of former Governor Camerino whose mantle has now fallen on new and budding politicians, while the towns of Tanza, Rosario and Naic comprised the Montano enclave, which enclaves have given rise to political bossism, so much so that for the last thirty years or more, the factions alternate with each other and spill blood in the process. He underscored that this is the cancer he wanted to remove in his proposal to divide Bacoor and Kawit away from Imus, and to separate Rosario, Tanza and Naic, thus destroying the enclaves which are based therein. He stated that the oppositor wanted to group and isolate the towns of Kawit, Bacoor and Imus into one district so that he would not have to bother with them while controlling the two other districts of Cavite.

Mr. Jamir disclosed that he had been maligned by an unsigned letter or statement made on the letter-head of the oppositor. He stated, however, that he was not given a copy of said letter and only came to know of it through Mr. Alonto who gave him a copy. He stated that said letter maligned him as crazy, insane and as having one goal in being appointed to the Constitutional Commission through superior connections. He stated that he would have been proud had there been superior connections who backed him up, unfortunately, there was none.

Mr. Jamir also stated that, apparently, a correction of this defamation was made by the author who distributed copies of said letter to all the Members of the Commission except him.

He recalled that when he invited the oppositor for lunch on October 11, the latter stated two significant facts, namely: first, that the oppositor claimed the honor of being responsible for reducing the age qualification for governor from 30 to 25 because his son was then only 27 years of age; and, second, the oppositor called his grandson and introduced him as his tall candidate for governor in the province of Cavite in the May elections. Mr. Jamir stressed that such is the political bossism that he wanted eradicated in line with the approved Constitutional provision against the perpetuation of family fortunes through politics.

Finally, Mr. Jamir reiterated that he had absolutely no political interest to serve.

SUSPENSION OF SESSION

On motion of Mr. Rama, the session was suspended until two o'clock in the afternoon.

It was 12:46 p.m.

RESUMPTION OF SESSION

At 2:53 p.m., the session was resumed.

PROPOSED AMENDMENT OF MR. DE CASTRO

Upon resumption of session, Mr. de Castro proposed that the Municipalities of Majayjay and Luisiana, which appeared in District IV of Laguna in the Committee proposal, be transferred to District III where they originally belong; and that Victoria, a barangay of Pila be transferred back to District IV as part of Pila which belongs to District IV. He suggested that the districting of the Province of Laguna be made in accordance with the original report of the COMELEC.

In reply, Mr. de los Reyes pointed out that although Mr. de Castro's proposal would be politically favorable to him (Mr. de los Reyes), the mountainous towns of Majayjay and Luisiana should remain in District IV, and Victoria should remain in District III because it is very near the municipality of Calauan which is in District III. He stated, however, that the remedy would probably be to include Pila in District II as well. He maintained that the amended Report should be approved because the District of Biñan, San Pedro and Sta. Rosa, from which Mr. de Castro comes, would not in any way be affected.

Mr. de Castro explained that he was only after objectivity in districting. He maintained that Majayjay and Luisiana which are both in the highland should not be grouped with the towns in the lowland, in the same manner that Victoria which is in the lowland should not be included among those in the highland.

He reiterated that the COMELEC report should be followed in the districting of Laguna.

In view of Mr. de los Reyes' objection, Mr. Davide moved that Mr. de Castro's proposal to keep Luisiana and Majayjay in District III and the barangay of Victoria in District IV be submitted to a vote.

In reply to Mr. Ople's query, Mr. de Castro stated that although he is not from the Third District nor from the Fourth District he has personal knowledge of the places in Laguna, and his only concern is that Mr. de los Reyes would have difficulty in campaigning in the mountains since he used to campaign in the lowlands.

Submitted to a vote, and with 5 Members voting in favor, 7 against, and 6 abstentions, Mr. de Castro's proposal was lost.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF LAGUNA

There being no other amendment, on motion of Mr. Davide, there being no objection, the apportionment and districting of Laguna was approved by the Body.

PROPOSED AMENDMENT OF MR. NOLLEDO

On the districting of Palawan, Mr. Nolledo pointed out that it was explained in the interpellations that District I has a total population of 265,358 including the City of Puerto Princesa, while the Second District has a total population of 186,733. He proposed, however, that Puerto Princesa be included in the Second District in order to satisfy the contiguity requirement in the Constitution considering that said City is nearer the southern towns comprising the Second District.

In reply to Mr. Monsod's query, Mr. Nolledo explained that with the proposed transfer of Puerto Princesa City to the Second District, the First District would only have a total population of 190,000 while the Second District would have 262,213, and there would be no substantial changes.

Mr. Davide accepted Mr. Nolledo's proposal to insert Puerto Princesa City before the Municipality of Aborlan.

There being no objection on the part of the Members the same was approved by the Body.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF PALAWAN

There being no other amendment, on motion of Mr. Davide, there being no objection, the apportionment and districting for the province of Palawan was approved by the Body.

MOTION TO VOTE ON MR. JAMIR'S PROPOSAL

Thereafter, Mr. Jamir reiterated his previous proposal and moved that the Body vote on it.

INQUIRY OF MR. PADILLA

In reply to Mr. Padilla's query whether the municipalities of Tanza and Carmona, in the province of Cavite, are contiguous and adjacent, Mr. Jamir explained that although there is a distance between them, all the towns between comprise one district. He further stated that it is not correct to say that to negotiate the distance from Tanza to Carmona, one has to drive for two hours passing through the hinterlands because of the concrete national road going through Carmona, General Alvarez, Dasmariñas, Tanza, General Trias and Trece Martires and because said towns form a compact district.

Mr. Jamir affirmed that his recommendation was approved by the COMELEC although he would not know whether the COMELEC recommendation was changed in favor of maintaining the former redistricting.

Thereupon, Mr. Padilla queried as to the COMELEC's stand on the matter.

SUSPENSION OF THE RULES AND CONVERSION OF THE BODY INTO A COMMITTEE OF THE WHOLE

At this juncture, on motion of Mr. Davide, there being no objection, the Body suspended the Rules and converted itself into a Committee of the Whole to allow COMELEC Executive Director Vicente de Lima to present the COMELEC position.

Thereupon, Mr. de Lima explained that the original COMELEC proposal, submitted on July 28, 1986, for the Province of Cavite is as follows:

First District — the Municipalities of Alfonso, Amadeo, General Emilio Aguinaldo, Indang, Magallanes, Mendez-Nuñez, City of Tagaytay, the Municipalities of Silang, Carmona, and General Mariano Alvarez.

Second District — the Municipalities of Bacoor, Kawit, Dasmariñas, and Imus.

Third District — the Municipalities of General Trias, Maragondon, Naic, Noveleta, Rosario, Tanza, Ternate, and the Cities of Cavite and Trece Martires.

He explained that the apportionment was based on tradition having due regard to the standard criteria of contiguity, compactness, adjacentness and relative uniformity of population with each district. However, he disclosed that there were some who submitted revised proposals, notably Mr. Sumulong for the Province of Rizal; Mr. Jamir, for the Province of Cavite; Mayor Osmeña, for the Province of Cebu; and a delegation from Sorsogon. He added that their proposals took into account special circumstances and considerations, for which reason the COMELEC accepted Mr. Jamir's revised proposal which provide for the following apportionment:

First District — Bacoor, Kawit, Noveleta, Rosario and Cavite City with a combined population of 322,862;

Second District — Imus, Dasmariñas, Carmona, General Mariano Alvarez, General Trias, Tanza, and Trece Martires City with a combined population of 337,659; and

Third District — Alfonso, Amadeo, General Emilio Aguinaldo, Indang, Magallanes, Maragondon, Mendez-Nuñez, Naic, Silang, Ternate and Tagaytay City with a combined population of 286,470.

He added that the rationale for the COMELEC's acceptance of Mr. Jamir's proposal is that it distributes one city for each district while the original proposal had one city in the First District, none in the Second District and two cities in the Third District.

INTERPELLATION OF MR. BENNAGEN

In reply to Mr. Bennagen's query whether the distribution of cities was a consideration in the COMELEC's acceptance of Mr. Jamir's revised proposal, Mr. de Lima stated that it was not the principal consideration for the proposal submitted by Mr. Jamir being that one district was supposed to be a fishing area; another a vegetable and fruit area; and the third, a rice growing area.

On the reason why such consideration should be taken into account, Mr. de Lima stated that it fosters common interests in line with the standard of compactness.

On Mr. Bennagen's query whether the Committee also took into account the road conditions of the province, Mr. de Lima replied that all towns of the Province of Cavite are interlinked with good roads.

INTERPELLATION OF MR. BACANI

In reply to Mr. Bacani's query as to what decisive factor made the COMELEC accept Mr. Jamir's proposal, Mr. de Lima stated that the COMELEC considered the fact that one district is fishing area; the other, a fruit and vegetable area; and the third, a rice-growing area; in other words, the common economic interest of the inhabitants therein.

Mr. Bacani contended that there is a great disparity in the land areas of the three districts, to which Mr. de Lima replied that although this is true, the COMELEC was guided more by the standard of relative uniformity of the population. He pointed out that in other provinces, a town or towns of a district comprising only one-tenth of the total laid area may be more populous compared to the towns located in the hinterlands.

On Mr. Bacani's query whether all the towns of the province of Cavite are interlinked by good roads, Mr. de Lima replied in the affirmative.

Thereafter, Mr. Rama stated that the Body was ready to vote by secret ballot in accordance with the consensus reached to which Mr. Jamir had agreed.

INTERPELLATION OF MR. OPLE

At this juncture, Mr. Ople stated that despite the consensus for secret balloting, he would publicly express his support for the proposal of Mr. Jamir as accepted by the COMELEC. He then queried whether the separation of Imus from its historic association with Kawit and Bacoor would have an emotional and unsettling impact on the tranquillity of the people in Imus.

Replying thereto, Mr. Jamir explained that the most important reason for his proposed redistricting is to honor the new Constitutional provision eliminating political dynasties. He pointed out that the towns of Imus, Kawit and Bacoor have been the enclave of political power of the late Governor Dominador Camerino; the towns of Tanza, Rosario and Naic, the enclave of the Montano faction, and after martial law, former Governor Remulla was able to establish his political clout in the upland towns forming the Third District. He explained that should Imus be separated from Kawit and Bacoor, the political enclave would somehow be diluted and the same thing would happen to Tanza, Naic and Rosario. On the query about creating an emotional impact, he gave assurance that this would not happen because there is no sense of brotherhood between the people living in Bacoor and Imus since the people in the former are mostly fishermen while those living in the latter are farmers. He stressed that their economic interests as well as their political inclinations are different.

TERMINATION OF THE PROCEEDINGS AS A COMMITTEE OF THE WHOLE

Thereafter, on motion of Mr. Davide, there being no objection, the Body terminated its proceedings as a Committee of the Whole and resumed its plenary session.

REMARKS OF MR. BENNAGEN

At this juncture, Mr. Bennagen underscored that if the overriding consideration for Mr. Jamir's proposal is to break up political dynasties, then the other districts should also be subjected to the same treatment.

VOTING ON MR. JAMIR'S PROPOSAL

On motion of Mr. Rama, there being no objection, the Body proceeded to vote on Mr. Jamir's proposal through secret balloting.

On Mr. Rigos' query whether an affirmative vote is a vote for Mr. Jamir's proposal, the latter replied in the affirmative.

At this juncture, Mr. Davide clarified that under Mr. Jamir's proposal the Province of Cavite would be redistricted as follows:

First District — Bacoor, Kawit, Noveleta, Rosario and Cavite City.

Second District — Imus, Dasmariñas, Carmona, Gen. Mariano Alvarez, Gen. Trias, Tanza, and Trece Martires City.

Third District — Alfonso, Amadeo, Gen. Aguinaldo, Indang, Magallanes, Maragondon, Mendez-Nuñez, Naic, Silang, Ternate and Tagaytay City.

With 27 Members voting in favor, 9 against and 1 abstention, the same was approved by the Body.

ANNOUNCEMENT OF MR. BENGZON

Mr. Bengzon announced that the National Media Production Center (NMPC), the printer of the new Constitution, was ready for the review of the galley proofs thereof. He then requested those who may wish to review the same to-do so after the day's session.

The Chair adverted to its announcement that the Body would review the galley proofs during the following day's session, to which Mr. Bengzon replied that there would be no time for it.

INQUIRY OF MR. OPLE

At this juncture, Mr. Ople queried as to what would be the remedy if despite all vigilance and careful scrutiny the printed new Constitution would still contain errors such as missing lines and sections.

Mr. Bengzon suggested that the same be reprinted on the basis of the approved draft which should control.

On what shall control upon the signing thereof, Mr. Bengzon stated that the signed text shall control on the assumption that there are no typographical errors or any other mistakes that do not change the substance or the form.

INQUIRIES OF MR. BENNAGEN

In reply to Mr. Bennagen's query on the status of the Filipino text and the manner it shall be signed, Mr. Bengzon stated that it shall be printed by a private printer to be monitored by Messrs. Villacorta and de los Reyes. He expressed the hope that it would be signed alongside the English text.

In case of objections to the translation in terms of violation of concepts, Mr. Bengzon stated that the English text shall prevail.

On the objections to the Filipino translations, he stated that they will have to be made of record.

Mr. Monsod suggested that any translation should be constituted as a draft, stating that what would be approved is the English test and that the finalization of any other version should not be delegated to anybody but should be studied carefully by the Members themselves.

On the final act that will make the Filipino text an official version, Mr. Bengzon stated that the promulgation of the Filipino text would be after the ratification of the Constitution.

On whether the Body would have to reconvene for the signing thereof, Mr. Ople stated that it might not be possible considering personal exigencies. He suggested that the Filipino text be circulated among the Members by the holdover Secretariat for direct verification and should there be any urgent proposals for corrections, the same could be conveyed to the Secretariat. He suggested the formation of an ad hoc committee to consolidate all proposals so that on the date to be fixed by the President immediately after the ratification of the Constitution, the finalized text could be promulgated.

Additionally, Mr. Monsod stated that the operative act would be the Member's signatures on the Filipino version, as a means of verifying the same.

The Chair invited attention to the fact that after the Constitution shall have been signed on October 15, 1986, the Members would become functus officio, in reply to which, Mr. Monsod clarified that his suggestion was to consider the translated Constitution as a draft to be signed personally in a referendum.

Mr. Bengzon stated that the suggestions would no longer be necessary because the President would have to verify whether the translated text is a faithful translation of the English text before it is promulgated.

SUGGESTION OF MR. BACANI

Mr. Bacani stated that in the Catholic Church, the Code of Canon Law was originally written in Latin with authorized translations. He stated, however, that in case of conflict, the Latin text prevails. He suggested that the same rule be followed.

Mr. Bengzon stated that the same rule has already been approved, to which the Chair and Mr. Monsod disagreed.

Mr. Monsod clarified that no such approval has been made and it is necessary to formalize it since the Constitution itself is silent on this point.

The Chair noted that Mr. Rodrigo filed a motion to that effect but that the Body decided to remain silent about it.

Mr. Ople volunteered the information that the Committee of Mr. Villacorta decided not to take a position on the controlling text as it adhered to the presumption that the English and Filipino texts would be of equal rank for purposes of the official text. He stated, however, that there is nothing that would prevent the Body from adopting the English text as the controlling text for legal purposes.

MOTION OF MR. MONSOD

Mr. Monsod moved that the English text be considered as the controlling text for legal purposes.

Mr. Bengzon seconded the motion.

Mr. Bennagen objected.

Mr. de Castro stated that he had previously moved that the Constitution be in English and Filipino but that it was voted down.

Mr. Monsod suggested that a Resolution be adopted before all the Members become functus officio after October 15 in order to avoid conflict and confusion.

Mr. Bennagen stated that the resolution should not provide that the English text should be the controlling text since it will merely provide a way out when confronted with a conflict with the Filipino text.

In support of Mr. Monsod, Mr. Rama stated that it is absolutely necessary to have a controlling text to avoid interminable discussions and litigations. He stressed that two controlling texts would only lead to litigations, confusion and chaos.

MODIFICATION BY MR. AZCUNA

Mr. Azcuna proposed that in lieu of mentioning "English" as the official text, it should be mentioned that it was used merely as the predominant language during the deliberations. This, he stated, would not put it above the national language, but with the intention of making it as the controlling text over the other interpretations.

In reply to Mr. Monsod's query whether the deliberations in Filipino would prevail over other interpretations, Mr. Azcuna answered in the negative, stressing that the language that was used as a whole should prevail, which is English. He stressed, however, that "English" should not be mentioned.

Mr. Guingona expressed concurrence with Mr. Azcuna's modification.

Adverting to the query of Mr. Bennagen on the effect of the resolution, Mr. Bacani stated that it would reflect the sense of the Body that the English text should be adopted.

In reply to Mr. Bennagen's query on where the resolution shall be situated, Mr. Azcuna stated that it would be an inorganic resolution which will guide the interpretation and which need not be attached to the Constitution.

Mr. Bengzon proposed to modify the resolution.

SUSPENSION OF SESSION

Thereupon, the Chair suspended the session.

It was 4:10 p.m.

RESUMPTION OF SESSION

At 4:10 p.m., the session was resumed.

RESTATEMENT OF THE MONSOD RESOLUTION AS MODIFIED BY MESSRS. AZCUNA AND BENGZON

Mr. Azcuna read the resolution as modified by him and further amended by Mr. Bengzon as follows:

IN CASE OF CONFLICT BETWEEN THE FILIPINO TEXT AND THE ENGLISH TEXT, THE LANGUAGE THAT WAS PREDOMINANTLY USED IN THE DELIBERATION AS A WHOLE SHALL PREVAIL.

Mr. Monsod accepted the amendment. He then inquired whether it would be possible to make it into an ordinance so that it would not have to go through the Records, in reply to which the Chair stated that an ordinance would have to be appended to the Constitution.

Mr. Bennagen invited attention to the fact that should it be appended to the Constitution, it would in effect be smuggling the concept into the Constitution. He adverted to Mr. de Castro's remark that his proposal to do so was voted down.

Mr. Monsod clarified that his query was whether the resolution would serve the purpose of expressing the intent of the Body to guide the courts accordingly without necessarily appending the same to the Constitution.

The Chair expressed agreement thereto, affirming that it would express the intent of the Body and at the same time guide the Courts accordingly.

Mr. Monsod requested for a vote on the matter, to which Mr. Bennagen objected, stating that it would be a surplusage since in practice, it is the predominant language that prevails.

Mr. Azcuna clarified that the vote is necessary just to confirm that such practice is followed, to which Mr. Bennagen agreed.

RESULT OF THE VOTING

Thereupon, submitted to a vote with 24 Members voting in favor, 2 against and 3 abstentions, the Body approved the Resolution, as amended.

INQUIRIES OF MR. BENNAGEN

In reply to Mr. Bennagen's query on the mechanism by which the Members would be able to affix their signatures on the Filipino-text to make it an official version, taking into account the section which provides that Filipino and English should be the languages in which the Constitution shall be promulgated, Mr. Bengzon stated that the promulgation by the President would be the operative act and that there should be no apprehension about it because ample time for the translation would be given and that the Office of the President would have to go through it to make sure that the translated version is a faithful translation of the English text.

He stated that in the event the Filipino translation would not be ready for signing on the 15th of October, the promulgation by the President of the Filipino text would make the Filipino text an official text.

Mr. Bennagen stated that the Filipino text has a symbolic value for him and that he would like to affix his signature thereto, adverting to Mr. Ople's suggestion on the mechanics.

SUSPENSION OF SESSION

At this juncture, the Chair suspended the session.

It was 4:17 p.m.

RESUMPTION OF SESSION

At 4:27 p.m., session was resumed.

MOTION OF MR. BENGZON

Mr. Bengzon moved that the Members of the Commission sign the Filipino text on October 15, 1986 subject to corrections, if necessary, at a later date with respect to the translation. He explained that the process of correction would be made by the Office of the President before it is promulgated.

Mr. Bennagen seconded the motion.

Mr. Bengzon affirmed that the corrections would be based on individual observations of each Member.

Mr. Suarez proposed an amendment to the motion by setting a period before the promulgation.

Mr. Bengzon accepted the amendment to the motion.

Mr. Guingona suggested that the Members, although unofficially, should be involved in the mechanics of the correction because written reservations may not be enough.

Mr. Bengzon pointed out that the Body should act on the motion first before acting on the suggestion.

In reply to Mr. Ople's query on who would arbitrate the event of conflicting proposals on the Filipino test with respect to any corrections thereon, Mr. Bengzon stated that it would be the Office of the President, using its facilities, including consultation with the proper government agency.

Mr. Bengzon agreed to the suggestion to vest in the President of the Constitutional Commission the authority to act as the supreme arbiter of any stylistic changes in the Filipino test after October 15, 1986.

Mr. Monsod made it of record that the Commission had already passed a resolution on the controlling text for legal purposes.

MODIFIED MOTION OF MR. BENGZON

Mr. Bengzon moved that the Commission sign the Filipino text on October 15, 1986, subject only to correction, if necessary, at a later date but in no case later than the promulgation of the Constitution, to be made by the Office of the President of the Commission with respect to the translation.

Mr. Guingona supported the amendment of Mr. Ople, however, he manifested that said amendment would relate to the President of the Commission whether or not there is an extension as contemplated under a proposed Executive Order.

In reply to Mr. Davide's query, Mr. Bengzon affirmed that the Commission would be promulgating the English text of the Constitution but it would not yet promulgate the Filipino test. Mr. Bengzon, however, agreed to change the word "promulgation" to "ratification" to avoid any confusion.

RESTATEMENT OF MR. BENGZON'S MOTION

Thereupon, Mr. Bengzon restated his motion to the effect that the Commission sign the Filipino text on October 15, 1986 subject only to correction, if necessary, at a later date but in no case later than the ratification of the Constitution, to be made by the President of the Commission with respect to the translation.

Mr. Guingona opined that the date should be much earlier than the ratification because the people are entitled to know the exact provisions. He then suggested that the Commission give sufficient time, maybe a month, for it to be able to deliberate and decide whether the translation is acceptable or not.

Mr. Bengzon replied that it was precisely the phrase "in no case later than" that would qualify it because it could be any day from October 16 onwards.

Mr. de Castro noted that after October 15, 1986, the Office of the President of the Commission would be functus officio. He then inquired whether the tenure of the President of the Commission would be extended.

Responding thereto, Mrs. Muñoz Palma informed the Body that the office has made representations with the Office of the President for an executive order that would authorize an ad hoc special committee to liquidate the affairs of the CONCOM so that anything like this would come within the authority that would be given to it, with the recommendation that the President of the Commission would be the chairman of this special committee.

Reacting to Mr. Bengzon's statement, Mr. Guingona stated that the motion sets a maximum period and, therefore, the Commission may accept within a week or even the next day. He pointed out, however, that for the same reason, the acceptance may be delayed as late as a day before the ratification. He reiterated that it was his contention that the people should know the correct translation, as accepted by the Commission, before the ratification.

Mr. Bacani suggested, to satisfy Mr. Guingona, that the Filipino text should be corrected, at the most, two weeks after the signing of the English test.

The Chair stated that if such stipulation is made, the Commission would not be able to change it after said period, thereby making it inflexible. The Chair stressed that, in any case, the ad hoc committee in-charge of the translation could be counted upon to push the translation.

VOTING ON THE MOTION

The Chair submitted the motion of Mr. Bengzon to a vote.

Mr. Guingona interposed an objection as far as the period is concerned.

Mr. Bennagen observed that most of those who are involved in the translation are scholars and colleagues. He stated that he just raised the question of translation on the basis of the worst scenario. He then expressed confidence that the scholars would do an excellent job.

Thereafter, Mr. Guingona withdrew his objection.

There being no further objections, the motion was approved by the Body.

FURTHER ANNOUNCEMENTS

Mr. Bengzon informed that the assembly time is 8:45 in the morning at the South Lounge and that, as agreed upon in the caucus, the attire of the Gentlemen would be black pants and Barong Tagalog. He also stated that departure for Malacañang by air-con bus at the main entrance would be at two o'clock in the afternoon. He underscored that spouses are invited.

With respect to the luncheon, Mr. Bengzon stated that each Member is entitled to two guests.

CONTINUATION OF CONSIDERATION OF THE COMMITTEE REPORT

Mr. Davide reminded the Chair that the districting of Cavite had already been approved by the Body with Mr. Jamir's amendments engrossed therein.

With respect to the province of Quezon, Mr. Maambong observed that Lucena City, Tayabas, and Lucban are misplaced in terms of contiguity and adjacence. He pointed out that in the report of the COMELEC, the First District included Tayabas and Lucban City under Items 9 and 10, and Second District included Lucena City under Item 6, in view of, which, he suggested that in order to comply with the requirements of contiguity and adjacence, the original COMELEC proposal should be retained.

He affirmed that his proposal would be to transfer Lucban and Tayabas to the First District and to delete therefrom Lucena City which should be transferred to the Second District.

Mr. Davide accepted the amendment.

APPROVAL OF THE AMENDMENT

As proposed by Mr. Davide, the Body accepted the amendment to insert, after "Pagbilao", LUCBAN, TAYABAS, and for the second district, delete "Tayabas" and "Lucban" and in lieu thereof, insert CITY OF LUCENA AND THE MUNICIPALITIES OF.

APPROVAL OF THE APPORTIONMENT FOR REGION IV

On motion of Mr. Davide, there being no objection, the Body approved the apportionment and districting of the provinces, together with the cities, comprised in Region IV, to wit:

Aurora — one (1) district

Batangas, with the cities of Batangas and Lipa — four (4) districts

Cavite , with the cities of Tagaytay, Cavite and Trece Martires — three (3) districts

Laguna, with the City of San Pablo — four (4) districts

Marinduque — one (1) district

Occidental Mindoro — one (1) district

Oriental Mindoro — two (2) districts

Palawan , with the City of Puerto Princesa — two (2) districts

Quezon, with the City of Lucena — four (4) districts

Rizal — two (2) districts

Romblon — one (1) district

APPORTIONMENT FOR REGION III

Mr. Suarez read the list of the following districts for Nueva Ecija:

First District: Nampicuan, Cuyapo, Guimba, Licab, Quezon, Sto. Domingo, Aliaga, Zaragoza, and Talugtog

Second District: Lupao, Muñoz, Talavera, San Jose City, Caranglan, Pantabangan, Llanera, and Rizal

Third District: Cabanatuan City, General Natividad, Palayan City, Bongabong, Laur, Gabaldon, and Sta. Rosa.

Fourth District: San Leonardo, General Tinio, Peñaranda, Gapan, San Isidro, Cabiao, San Antonio, and Jaen.

PROPOSED AMENDMENT OF MR. SUAREZ

Mr. Suarez proposed to transfer "Talavera" to the first district and "Talugtog" to the second district.

Mr. Davide accepted the amendment which, there being no objection, was approved by the Body.

APPROVAL OF THE APPORTIONMENT FOR REGION III

On motion of Mr. Davide, there being no objection, the Body approved the apportionment and districting of the provinces and the cities of the following provinces in Region III together with the component cities therein:

Bataan — 2 districts

Bulacan — 4 districts

Nueva Ecija — 4 districts

Pampanga — 4 districts

Tarlac — 3 districts

Zambales — 2 districts

At this juncture, Mr. Davide informed the Body that Mr. Regalado made a reservation with the Committee for the possible reopening of the approval of Region I with respect to Benguet and Baguio City.

REMARKS OF MR. REGALADO

Mr. Regalado stated that in the formulation of the Committee, Baguio City and Tuba are placed in one district. He stated that he was toying with the idea that, perhaps as a special consideration for Baguio because it is the summer capital of the Philippines, Tuba could be divorced from Baguio City so that it could, by itself, have its own constituency and Tuba could be transferred to the Second District together with Itogon.

Mr. Davide, however, pointed out that the population of Baguio City is only 141, 149.

Mr. Regalado admitted that the regular population of Baguio may be lower during certain times of the year, but the transient population would increase the population substantially and, therefore, for purposes of business and professional transactions, it is beyond question that population-wise, Baguio would more than qualify, not to speak of the official business matters, transactions and offices that are also there.

Mr. Davide adverted to Director de Lima's statement that unless Tuba and Baguio City are united, Tuba will be isolated from the rest of Benguet as the place can only be reached by passing through Baguio City. He stated that the Committee would submit the matter to the Body.

Upon inquiry of the Chair whether he is insisting on his amendment, Mr. Regalado stated that the Body should have a say on the matter and that the considerations he had given are not on the demographic aspects but on the fact that Baguio City is the summer capital, the venue and situs of many government offices and functions.

On motion of Mr. Davide, there being no objection, the Body approved the reconsideration of the earlier approval of the apportionment and districting of Region I, particularly Benguet.

Thereafter, on motion of Mr. Davide, there being no objection, the amendment of Mr. Regalado was put to a vote. With 14 Members voting in favor and none against, the amendment was approved by the Body.

Mr. Davide informed that in view of the approval of the amendment, Benguet with Baguio City will have two seats. The First District shall comprise of the municipalities of Mankayan, Buguias, Bakun, Kabayan, Kibungan, Bokod, Atok, Kapangan, Tublay, La Trinidad, Sablan, Itogon and Tuba. The Second District shall comprise of Baguio City alone.

There being no objection, the Body approved the apportionment and districting of Region I.

REGION 5

Point of Information of Mr. Sarmiento

In connection with the province of Sorsogon in Region V, Mr. Sarmiento informed that a group of concerned Sorsogon citizens gave him a petition requesting for the' amendment of the Committee Report on Sorsogon. He noted that the petitioners are requesting for the removal of the towns of Prieto Diaz ,and Gubat from the First District and their transfer to the Second District; the transfer of Magallanes and Casiguran from the Second to the First District.

Mr. Sarmiento stated the rationale of the proposed amendment, to wit: 1) the groupings of municipalities suggested were the groupings followed prior to the proclamation of martial law and will avoid confusion; 2) the dialects in the municipalities are almost similar and that most of the residents in these municipalities know each other or are related to each other; 3) traveling by land or sea from one municipality to the other is easier as the municipalities are compact and adjacent; and 4) the distribution of the population in the First and Second Districts are almost equal, the First District bigger only by 8,392.

Mr. Sarmiento noted that in the Committee Report, the difference in population between the two districts would be 34,288.

Upon inquiry of Mr. Suarez, Mr. Sarmiento affirmed that the proposal will serve to destroy warlordism in Sorsogon. He informed, further, that during the deliberations, Director de Lima conceded that the group of concerned Sorsogueños has personal first-hand knowledge of the conditions arid situation in the area.

Mr. Davide stated that the only concern of the Committee is that between Casiguran which will be in the Second District, and Magallanes which is to be in the First District, the municipality of Juban would still be in the Second District and to reach Magallanes from Casiguran one has to pass through Juban.

SUSPENSION OF SESSION

The Chair suspended the session.

It was 5:04 p.m.

RESUMPTION OF SESSION

At 5:13 p.m., the session was resumed.

Upon resumption, Mr. Sarmiento moved that the towns of Prieto Diaz and Gubat be transferred from the First to the Second District and that the towns of Magallanes and Casiguran be transferred from the Second to the First District of Sorsogon.

Mr. Davide informed that the Committee would prefer to submit the matter to the Body.

Submitted to, a vote, and with 16 Members voting in favor, none against and 2 abstentions, the amendment was approved by the Body.

In view thereof, Mr. Davide stated that Sorsogon will have two seats, the First District to be comprised of the municipalities of Sorsogon, Pilar, Donsol, Castilla, Bacon, Casiguran, and Magallanes; and the Second District to be comprised of the municipalities of Prieto Diaz, Gubat, Barcelona, Juban, Bulusan, Irosin, Sta. Magdalena, Matnog, and Bulan.

There being no objection, the Body approved the apportionment and districting of Sorsogon.

Thereafter, there being no objection, the Body approved the apportionment and districting of Region V comprised of the following provinces and components cities: Albay (with Legaspi City), 3 seats; Camarines Norte, 1 seat; Camarines Sur (with the Cities of Naga and Iriga), 4 seats; Catanduanes, 1 seat; Masbate, 3 seats; and Sorsogon, 2 seats.

REGION VI

There being no objection, the Body approved the apportionment and districting of Region VI comprised of the following provinces and component cities: Aklan, 1 seat; Antique, 1 seat; Capiz (with Roxas City),-2 seats; Iloilo Province, 5 seats; Iloilo City, 1 seat; Negros Occidental (with cities of San Carlos, Cadiz, Bago, La Carlota, Silay), 6 seats; and Bacolod City, 1 seat.

REGION VII

Inquiry of Mr. Maambong

On the apportionment and districting of Region VII, specifically with respect to Cebu City, Mr. Maambong inquired why Busay, which is beside Banilad, Barrio Talamban and Barrio Lahug in the first District, was placed in the Second District.

In reply thereto, Mr. Davide stated that with the natural boundary composed of Guadalupe River of the City of Cebu, it was determined that all barangays south of the said river shall constitute the Second District and those in the north the First District, and it was just by inadvertence that Busay was included, which should have been in the First District if the natural boundary is to be followed.

Thereupon, Mr. Maambong moved that Busay be transferred to the First District. Mr. Davide proposed that Busay be placed after Budla-an, in accordance with the alphabetical listing under Cebu City.

There being no objection, the amendment was approved by the Body.

Mr. Maambong remarked that there was a recommendation from certain sectors that Guadalupe in the Second District should be placed in the First District and noted, with satisfaction, that it has been placed in the Second District where it properly belongs. Mr. Davide stated that the Committee received Mr. Maambong's objection to the proposal.

Mr. Maambong mentioned that he had submitted a report to the Committee dated October 10, 1986 containing a recommendation, which later shall be inserted into the Record, that in determining the district, the Body should adopt an unwritten rule that if the area of the district concerned is big, in all fairness, the population shall be small and if the area is small the population should be bigger in order to balance the area and population. He observed that the Committee Report seems to have followed this trend although he would like to suggest some amendments.

Thereafter, Mr. Maambong made the following suggestions:

1) First District — as is

2) Second District — add the municipality of Dumanjug

3) Third District — add the town of Tuburan

4) Fourth District — remove Tuburan, add Tabogon

5) Fifth District — remove Tabogon

6) Sixth District — as is

Under the proposal, he informed that the biggest district would be the Third, the second biggest — the Sixth, the third biggest — the First.

In justifying his amendment,, Mr. Maambong noted that the First District has six municipalities and that although the area is smaller, its population is bigger; in the case of the Sixth District which has a population of 321,936, the area is small consisting of two cities and municipalities; in the case of the Third District, there are six municipalities and one city; in the case of the Fourth District, there are nine municipalities, three of which are in the island of Bantayan which is inaccessible, and that altogether the area has a population of 291,444; in the case of the Fifth District, there are a few municipalities and one city as well as the remote island of Camotes and that altogether the population is also small; in the case of the Second District, it has 15 municipalities.

Upon inquiry of Mr. Maambong, Mr. Davide informed that the amendment would be considered district by district.

Mr. Maambong stated that with the addition of Dumanjug with a population of 27,455, the total population of the Second District would increase from 271,449 to 298,937; with the removal of Dumanjug from the Third District, and the addition of Tuburan with a population of 47,353 thereto, the total population would be 331,204.

He stated that the town of Tuburan with a population of 23,277 was transferred from the Fourth District to the Third District, which would now have a total population of 291,444.

In the Fifth District, he explained that the total population would be 283,052 with the transfer of Tabogon to the Fourth District; while there had been no change in the Committee Report for the Sixth District.

In view thereof, Mr. Maambong affirmed that the Second District would be composed of Argao, Dalaguete, Alcoy, Boljoon, Oslob, Santander, Sanboan, Ginatilan, Malabuyoc, Alegria, Badian, Moalboal, Alcantara, Ronda and Dumanjug; the Third District to he composed of Barili, Aloguinsan, Pinamungajan, Toledo City, Balamban, Asturias and Tuburan; the Fourth District to be composed of Tabuelan, San Remigio, Sta. Fe, Bantayan, Madridejos, Daanbantayan, Medellin, Bogo and Tabogon; and the Fifth District to be composed of Borbon, Sugod, Catmon, Carmen, Danao City, Compostela, Liloan, San Francisco, Poro, Tudela and Pilar.

On motion of Mr. Davide, there being no objection, the amendments on the districting of the province of Cebu was approved by the Body.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF THE PROVINCES AND CITIES IN REGION VII

Thereafter, on motion of Mr. Davide, there being no objection, the Body approved the following apportionment and districting for the following provinces and cities, including component and urbanized cities, in Region VII: Bohol (with the City of Tagbilaran), 3; Cebu (with the Cities of Danao, Lapu-Lapu and Mandaue), 6; Cebu City, 2; Negros Oriental (with the Cities of Bais, Canlaon and Dumaguete), 3; and Siquijor, 1.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING FOR THE PROVINCES AND CITIES OF REGION VIII

There being no further amendment, on motion of Mr. Davide, there being no objection, the Body approved the following apportionment and districting for the following provinces and cities, in Region VIII: Leyte (with the cities of Tacloban and Ormoc), 5; Southern Leyte, 1; Eastern Samar, 1; Northern Samar, 2; and Samar (with Calbayog City), 2.

AMENDMENTS OF MR. ABUBAKAR ON THE PROVINCE OF SULU

In view of the proximity of the places concerned and the similarity of dialects therein, Mr. Abubakar proposed the following rearrangement in the two districts, so that the First District would be comprised of the Island of Jolo, which includes Indanan, Talipao, Patikul, New Panamao, Caluang and the Islands of Tongkil and Pangutaran which are both close to Jolo; while the Second District would be composed of the Islands of Siasi, Pandami, Tapul, Lugus, Parang, Maimbung Pata, Panamao and Luuk.

He explained that while the municipalities of the First District are identified with the Island of Jolo, the municipalities or islands in the Second District are identified with Siasi.

In reply, Mr. Davide maintained that the Committee's proposal be approved because if Panamao would be separated from New Panamao, and Parang would be transferred to the Second District, while Tongkil would be included in the First District, there would be violation of the standard of contiguity. He noted that Parang is very close to Indanan, Talipao and Jolo, and if the former would be included in the Second District, it would be isolated from the three municipalities.

On Mr. Abubakar's contention that Parang is a coastal municipality and is-overlooking the island of Tabuk, Mr. Davide explained that Parang is close to Indanan and Talipao, while New Panamao and Panamao should not be separated from each other.

At this juncture, Mr. Davide moved for the deferment of Mr. Abubakar's proposed amendment while the latter is studying the map of Sulu Islands, which motion, there being no objection, was approved by the body.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF THE OTHER PROVINCES AND CITIES OF REGION IX

Thereafter, on motion of Mr. Davide, there being no objection, the Body approved the apportionment and districting of the following provinces and cities of Region IX: Tawi-Tawi, 1, Zamboanga del Norte (with the cities of Dapitan and Dipolog), 3; Zamboanga del Sur (with the city of Pagadian), 3; Zamboanga City, 1; and Basilan, 1.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING FOR THE PROVINCES AND CITIES OF REGION X

On motion of Mr. Davide, there being no objection, the Body approved the apportionment and districting in the following provinces and cities of Region X: Agusan del Norte (with Butuan City), 2; Agusan del Sur, 1; Bukidnon, 3; Camiguin, 1; Misamis Occidental (with the cities of Oroquieta, Ozamis and Tangub), 2; Misamis Oriental (with Gingoog City), 2; Cagayan de Oro City, 1; and Surigao del Norte (with Surigao City), 2.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF THE PROVINCES AND CITIES OF REGION XI

On motion of Mr. Davide, there being no objection, the Body approved the following apportionment and districting for the provinces and cities in Region XI: Davao del Norte, 3; Davao Oriental, 2; Davao del Sur, 2; Davao City, 3; South Cotabato (with General Santos City), 3; and Surigao del Sur, 2.

AMENDMENT OF MR. UKA ON THE DISTRICTING OF THE PROVINCE OF MAGUINDANAO

On the Province of Maguindanao (Region XII), Mr. Uka proposed to transfer the municipality of Upi, with a total population of 43,250, to the First District, which would now have a total population of 340,299, while leaving the Second District with a population of 252,370.

He explained that his proposal was based on geographical, historical and cultural considerations. He Stated that it would promote unity, and peace and order in the Region. He also noted that the municipality of Upi is contiguous to its former mother municipality.

Mr. Davide accepted Mr. Uka's amendment, so that the First District of Maguindanao would be composed of Cotabato City, and the municipalities of Parang, Sultan Kudarat, Buldon, Barira, Dinaig, Kabuntalan, Matanog and Upi, and there being no objection, the same was approved by the Body.

On motion of Mr. Davide, there being no objection, the Body approved the redistricting of the Second District of Maguindanao such that it would be composed of the following: Pagalungan, Buluan, Sultan sa Barongis, Maganoy, Talayan, South Upi, Datu Piang, Datu Paglas and Ampatuan.

LANAO DEL SUR

As proposed by Mr. Alonto and accepted by the Committee, the Body approved the transfer of the Municipality of Masiu from the First District to the Second District.

As a consequence, on motion of Mr. Alonto, there being no objection, the Body approved the districting of the First District, as follows: Marawi City, Marantao, Piagapo, Saguiaran, Tagoloan, Kapai, Ditsaan-Ramain, Bubong, Buadiposo-Buntong, Bumbaran, Maguing, Wao, Mulundu, Taraka, Lumba-Bayabao, Tamparan and Poona Bayabao.

LANAO DEL NORTE

As proposed by Mr. Alonto and accepted by the Committee, the Body approved the composition, as amended, of the First and Second Districts of Lanao del Norte, to wit:

First District: Iligan City, Linamon, Kauswagan, Bacolod, Maigo, Kolambugan, Tubod and Baroy

Second District: Baloi, Pantar, Tagoloan, Poona-Piagapo, Pantao-Ragat, Matungao, Tangkal, Munai, Nunungan, Magsaysay, Salvador, Kapatagan, Karomatan, Sapad and Lala.

SULTAN KUDARAT AND NORTH COTABATO

Mr. Davide stated that there are no amendments on the districts of North Cotabato and Sultan Kudarat.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF REGION XII

On motion of Mr. Davide, there being no objection, the Body approved the apportionment and districting of the provinces and the component cities of Region XII, to wit: Lanao del Norte (with Iligan City?, 2; Lanao del Sur (with Marawi City), 2; Maguindanao (with Cotabato City), 2; North Cotabato, 2; and Sultan Kudarat, 1.

SUSPENSION OF SESSION

At 5:56 p.m., the Chair suspended the session.

RESUMPTION OF SESSION

At 6:11 p.m., the session was resumed.

WITHDRAWAL OF MR. ABUBAKAR'S PROPOSED AMENDMENT

Upon resumption of session, Mr. Davide stated that Mr. Abubakar is withdrawing his proposed amendment for the redistricting of Sulu.

APPROVAL OF THE DISTRICTING OF SULU

In view of the withdrawal, on motion of Mr. Davide, there being no objection, the Body approved the districting of Sulu with two districts.

APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF REGION IX

On motion of Mr. Davide, there being no objection, the Body approved the apportionment and districting of the provinces and component cities and highly urbanized city of Region IX, to wit: Basilan, 1; Sulu, 2; Tawi-Tawi, 1; Zamboanga del Norte (with the cities of Dapitan and Dipolog), 3; Zamboanga del Sur (with Pagadian City), 3; and Zamboanga City, 1.

MOTION FOR THE RECONSIDERATION OF REGION VII

Mr. Davide moved for the reconsideration of the approval of the apportionment and districting of Region VII in view of the transfer of the Municipality of Busay to the First District.

Mr. Maambong stated that he was the one who initiated the transfer of the Municipality of Busay from the Second District to the First District. He then inquired whether the Municipality of Guadalupe should likewise be transferred to the First District.

In reply thereto, Mr. Rama explained that with the transfer of Busay to the First District, Guadalupe could fit in the new configuration. He affirmed that the transfer would definitely comply with the standards of contiguity, adjacence and compactness, adding that there would be no change in the population level in the balancing of the population of the First and Second Districts.

On Mr. Maambong's inquiry, Mr. Davide affirmed that should Guadalupe be transferred to the First District, it goes with the transfer of Busay which has already been approved. He explained that Guadalupe and Busay would be transferred from the Second District of Cebu City to the First District of the same city.

SUSPENSION OF SESSION

The Chair suspended the session.

It was 6:16 p.m.

RESUMPTION OF SESSION

At 6:22 p.m., the session was resumed.

APPROVAL OF THE MOTION FOR RECONSIDERATION

On motion of Mr. Rama, there being no objection, the Body approved the reconsideration of Region VII.

PROPOSED AMENDMENT OF MR. RAMA

Mr. Rama proposed the transfer of Barrio Guadalupe to the First District, the reason being that it is adjacent and it would balance off the population level.

In reply, Ms. Aquino adverted to the COMELEC report which indicated that the projected population for Barrio Guadalupe is 38,974.

Mr. Maambong clarified, in reply to Mr. Davide's remark quoting him to have objected to the proposal to transfer Guadalupe, that it was somebody else who made the objection. He stated that the proposal of Mr. Rama seems to be justified considering that the area where Guadalupe is supposed to be taken out is very big.

Mr. Rama pointed out that the Body earlier adopted a policy that where the area is big, the transfer could be effected provided that it would balance off the population level, which policy, he stated, would justify his proposal to transfer Barrio Guadalupe to the First District of Cebu City.

SUSPENSION OF SESSION

Upon request of Mr. Rama, the Chair suspended the session.

It was 6:27 p.m.

RESUMPTION OF SESSION

At 6:36 p.m., the session was resumed.

Upon resumption of session, Mr. Davide proposed to substitute the phrase "as shown in Annex A" with AS FOLLOWS: followed by the enumeration of the regions starting from Region I.

Mr. Ople seconded the proposal.

There being no objection, the same was approved by the Body.

Thereafter, Mr. Davide moved that the 4-page summary attached to the Ordinance be excluded therefrom since its purpose is only for the guidance of the Body.

Mr. Ople seconded the motion.

There being no objection, the same was approved by the Body.

AMENDMENT OF MR. MAAMBONG

Mr. Maambong then proposed to insert the Roman number VI in Section 3 of the Article on the Legislative.

Mr. Davide accepted the proposal.

There being no objection, the same was approved by the Body.

INQUIRY OF MR. OPLE

In reply to Mr. Ople's query, Mr. Davide stated that there is no need to assign an article to the Ordinance. He explained that Mr. Maambong's proposal was simply to fill up Section 3 of the Resolution itself which reads "according to the standards set forth in Section 5 of Article of the Constitution."

Mr. Ople observed that it is a link to the Article on the Legislative, which Mr. Davide affirmed.

AMENDMENT OF MR. MAAMBONG

In addition thereto, Mr. Maambong stated that it is actually a reference to the authority of the Body under the approved Article of the Constitution. He then queried whether the Committee has taken cognizance of his earlier proposal to transfer the town of Impasugong in the Province of Bukidnon from the First District to the Second District.

Mr. Davide accepted the proposal.

Submitted to a vote, and there being no objection, the same was approved by the Body.

COMMITTEE AMENDMENTS

Thereafter, Mr. Davide stated that, upon suggestion of Atty. Orquiola, the word ORDINANCE in capital letters should be placed as the heading at the center of the Resolution.

In reply to Mr. Ople's query, Mr. Davide affirmed that it would mean that the entire caption of the Resolution would be deleted.

Submitted to a vote, and there being no objection, the same was approved by the Body.

Thereafter, Mr. Davide stated that the title of the Resolution shall read: ORDINANCE 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 MANILA AREA, to be immediately followed by Section 1.

Submitted to a vote, and there being no objection, the same was approved by the Body.

Mr. Ople proposed to substitute "Members of" with SEATS IN.

Mr. Davide accepted the proposal.

In reply to Mr. Suarez' query as to how many seats are being apportioned, Mr. Davide replied that there would be 200 seats.

On Mr. Maambong's query as to how many would be allotted for sectoral representatives, Mr. Davide replied that 50 would be allotted for them as provided for in the Constitution itself.

APPROVAL, ON SECOND READING, OF RESOLUTION NO. 551 ON THE APPORTIONMENT ORDINANCE

Thereupon, on motion of Mr. Davide, there being no objection, the Body approved Resolution No. 551 on the Apportionment Ordinance, as amended.

APPROVAL ON THIRD READING

Thereafter, under the suspended Rules, Mr. Davide moved for approval on Third Reading.

Mr. Ople seconded the motion.

Mr. Davide stated, for the record, that there would be no need for nominal voting under the suspended Rules.

Thereafter, submitted to a vote, and there being no objection, the Body approved, on Third Reading, Resolution No. 551 on the Apportionment Ordinance, as amended.

At this juncture, Mr. Davide stated that the Ordinance would be subject to rewriting by the Committee on Style. He suggested that there should be a period (.) instead of a semicolon (;) after the completion of the enumeration for every province.

The Chair took note of the manifestation.

Thereafter, Mr. Maambong stated that on matter of sequencing, the Subcommittee on Rubrics had reinserted a subsection which was originally a section in the Article on the Commission on Elections so that it would now have 11 sections instead of the original 10.

ADJOURNMENT OF SESSION

On motion of Mr. Ramas there being no objection the Chair declared the session adjourned until eight thirty in the morning of Wednesday, October 15, 1986.

It was 6:53 p.m.

I hereby certify to the correctness of the foregoing.

(SGD.) FLERIDA RUTH P. ROMERO
Secretary-General

ATTESTED:

(SGD.) CECILIA MUÑOZ PALMA
President

Approved on October 15, 1986