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CALL TO ORDER

At 3:18 p.m., the President of the Constitutional Commission, the Honorable Cecilia Mu帽oz Palma, called the session to order.

NATIONAL ANTHEM AND PRAYER

The National Anthem was sung followed by a prayer led by Mr. Jose D. Calderon, to wit:

Almighty God: On this, the tenth day of the deliberations of this Constitutional Commission, we beseech You once again to guide our minds and our hearts so that the thoughts and feelings that emanate from each of us will be most sincere and noble, and reflect not only our individual personal will, but the will as well of the Filipino people, in whose behalf we seek to fashion a fundamental law that will embody our collective ideals and aspirations.

Enlighten us, Almighty God. Open our eyes and minds so that we may see and understand, if it is not possible to appreciate and accept, those ideals and proposals that may differ from our own. Let the light of reason shine on our discussions and debates, so that we may exchange ideas, thoughts and arguments without heat and without passion but only with clarity and sincerity.

Teach each of us, O Lord, that we are here for a Good, higher than our own personal beliefs, that we are here for a Purpose, higher than our personal ambitions, that we are here for an End higher than our personal destinies because, we are here; for a Good, a Purpose and an End that encompass the collective beliefs, the collective ambitions and the collective destiny of the Filipino people.

Grant us, O Lord, the wisdom to select from alternative proposals those that will be right for, and acceptable to our people. Grant us the courage to espouse our beliefs, with all the logic that talent can muster.

But, Almighty God, grant us also the grace to accept that some of our proposals may not be acceptable to all; that the greater good of the greater number of people may require the adoption of proposals other than our own, how ever well-intentioned, well-meaning and sincere these unchosen proposed alternatives may be.

Bless, O Lord, each and every Member of this Constitutional Commission. Bless our officers. Bless President Aquino, whom You made Your instrument for the liberation of the Filipino people from the bonds of tyranny; who in turn, in behalf of the Filipino people has called this Constitutional Commission in order that the Filipino nation may once again enshrine the national purpose in a Charter that will safe guard their freedoms and their future. 

Bless us, join us, be with us today, Almighty God.

Amen.

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

Abubakar, Y. R.	Natividad, T. C.
Alonto, A. D.	Nieva, M. T. F.
Aquino, F. S.	Nolledo, J. N.
Azcuna, A. S.	Ople, B. F.
Bacani, T. C.	Padilla, A. B.
Bengzon, J. F. S.	Mu帽oz Palma, C.
Bennagen, P. L.	Quesada, M. L. M.
Bernas, J. G.	Rama, N. G.
Rosario Braid, F.	Regalado, F. D.
Brocka, L. O.	De los Reyes, R. F.
Calderon, J. D.	Rigos, C. A.
De Castro, C. M.	Rodrigo, F. A.
Colayco, J. C.	Romulo, R. J.
Concepcion, R. R.	Rosales, D. R.
Davide, H. G.	Sarmiento, R. V.
Foz, V. B.	Sumulong, L. M.
Garcia, E. G.	Tadeo, J. S. L.
Gascon, J. L. M. C.	Tan, C.
Guingona, S. V. C.	Tingson, G. J.
Jamir, A. M. K.	Tre帽as, E. B.
Laurel, J. B.	Uka, L. L.
Maambong, R. E.	Villacorta, W. V.
Monsod, C. S.	Villegas, B. M.

With 46 Members present, the Chair declared the presence of a quorum.

The following Members appeared after the Roll Call:

Lerum, E. R.

Suarez, J. E.

READING AND APPROVAL OF THE JOURNAL

On motion of Mr. Rama, there being no objection, the reading of the Journal of the previous session was dispensed with and the said Journal was approved by the Body.

REFERENCE OF BUSINESS

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

REFERRAL TO COMMITTEES OF RESOLUTIONS

Upon direction of the Chair, the Secretary-General read, on First Reading, the titles of the following proposed Resolutions which were, in turn, referred by the Chair to the Committees hereunder indicated:

Proposed Resolution No. 101, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A POLICY GOVERNING THE DE TERMINATION OF JUST COMPENSATION IN THE EXPROPRIATION OF PRIVATE PROPERTY WHEN IT IS DONE BY THE GOVERNMENT AND WHEN IT IS DONE BY AUTHORIZED CORPORATIONS, FIRMS OR ASSOCIATIONS AND TO PROVIDE THAT IF IN THE LATTER CASE A WRIT OF POSSESSION IS SECURED, RENTALS, EXCLUSIVE OF THE COMPENSATION, SHALL BE PAID UP TO THE TIME THE CASE IS SUBMITTED FOR DECISION

Introduced by Honorable Davide, Jr.

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

Proposed Resolution No. 102, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION MAKING IT A POLICY OF THE STATE TO PROVIDE FREE AND COMPULSORY PRIMARY, INTERMEDIATE AND HIGH SCHOOL EDUCATION AND TO ESTABLISH IN EVERY BARRIO OR AGGRUPATION OF BARRIOS WITH A POPULATION OF AT LEAST THREE THOUSAND A COMPLETE ELEMENTARY SCHOOL AND A HIGH SCHOOL

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 103, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION THAT NO TEMPORARY DETENTION SHALL BE ALLOWED IN CASES WHERE THE OFFENSE CHARGED DOES NOT CARRY WITH IT THE PENALTY OF IMPRISONMENT

Introduced by Honorable Davide, Jr.

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

Proposed Resolution No. 104, entitled:

RESOLUTION TO ENCOURAGE PARENTS TO SEND THEIR CHILDREN TO SCHOOL AND THE ESTABLISHMENT OF PRIVATE SCHOLARSHIP GRANTS TO POOR BUT DESERVING STUDENTS BY ALLOWING AS DEDUCTIBLE EXPENSES FOR INCOME TAX PURPOSES ALL EXPENSES INCURRED FOR EDUCATION OR GIVEN AS SCHOLARSHIP GRANTS

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 105, entitled:

RESOLUTION PROVIDING THAT IN THE EVENT THAT A PORTION OF THE PHILIPPINE TERRITORY FALLS UNDER THE MILITARY OCCUPATION OF ANOTHER STATE, SAID TERRITORY IS NOT CONSIDERED WITHDRAWN FROM THE JURISDICTION OF THE CONSTITUTION AND DOMESTIC LAWS OF THE PHILIPPINES DURING THE OCCUPATION AND NEITHER IS ITS SOVEREIGNTY OVER IT SUSPENDED

Introduced by Honorable Davide, Jr.

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

Proposed Resolution No. 106, entitled:

RESOLUTION URGING THE COMMISSION TO ADD AN ARTICLE TO THE PROPOSED CONSTITUTION TO BE ENTITLED "HUMAN RESOURCES"

Introduced by Honorable Guingona

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 107, entitled:

RESOLUTION TO PROVIDE THAT IN A STATE OF MARTIAL LAW, THE CIVILIAN AUTHORITY SHALL CONTINUE TO BE SUPREME OVER THE MILITARY, THE BASIC RIGHTS OF THE PEOPLE SHALL REMAIN INVIOLABLE, AND THE CIVILIAN COURTS SHALL CONTINUE TO FUNCTION AND EXERCISE THEIR JURISDICTION

Introduced by Honorable Foz

TO THE COMMITTEE ON THE EXECUTIVE

Proposed Resolution No. 108, entitled:

RESOLUTION PROVIDING THAT NO ELECTIVE OFFICIAL SHALL BE ELIGIBLE FOR APPOINTMENT TO ANY OFFICE OR POSITION DURING HIS TERM OF OFFICE, AND THAT NO CANDIDATE WHO HAS LOST IN AN ELECTION SHALL, WITHIN TWO YEARS FOLLOWING SUCH ELECTION, BE APPOINTED OR REAPPOINTED TO ANY OFFICE IN THE GOVERNMENT, OR IN ANY GOVERNMENT-OWNED OR CONTROLLED CORPORATION, OR IN ANY OF ITS SUBSIDIARIES

Introduced by Honorable Foz

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 109, entitled:

RESOLUTION TO PROVIDE FOR INITIATIVE AND REFERENDUM IN THE NEW CONSTITUTION

Introduced by Honorable Romulo, Monsod, Nieva, Bengzon, Jr., and Bernas

TO THE COMMITTEE ON THE LEGISLATIVE

Proposed Resolution No. 110, entitled:

RESOLUTION AMENDING SECTION 1 (1) AND (2) ARTICLE XII (C) OF THE 1973 CONSTITUTION BY REDUCING THE NUMBER OF MEMBERS OF THE COMMISSION ON ELECTIONS FROM NINE TO SEVEN, AND PROVIDING THAT AT THE TIME OF THEIR APPOINTMENT THEY SHALL BE AT LEAST FORTY YEARS OF AGE AND A MAJORITY OF THE MEMBERS, INCLUDING THE CHAIRMAN, SHALL BE MEMBERS OF THE PHILIPPINE BAR WITH AT LEAST TEN YEARS OF PRACTICE AND THAT IN CASE AN INCUMBENT COMMISSIONER IS APPOINTED CHAIRMAN, HIS AGGREGATE TENURE SHALL NOT EXCEED SEVEN YEARS

Introduced by Honorable Foz and Monsod

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 111, entitled:

RESOLUTION SUBMITTING TO THE PEOPLE IN A PLEBISCITE THE QUESTION ON WHETHER TO HOLD AN ELECTION FOR PRESIDENT AND VICE PRESIDENT WITHIN A FIXED PERIOD AFTER THE RATIFICATION OF THE NEW CONSTITUTION

Introduced by Honorable de los Reyes, Jr.

TO THE COMMITTEE ON AMENDMENTS AND TRANSITORY PROVISIONS

Proposed Resolution No. 112, entitled:

RESOLUTION REMOVING FROM THE SUPREME COURT ADMINISTRATIVE SUPERVISION OVER ALL COURTS AND PERSONNEL THEREOF AND VESTING THE SAME IN A JUDICIAL COMMISSION AND FOR OTHER PURPOSES

Introduced by Honorable de los Reyes, Jr.

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 113, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION ACCORDING FILIPINO CITIZENS THE RIGHT TO STANDARDS OF LIVING NECESSARY TO MAINTAIN THEIR WELL BEING; AND THE PROVISION BY THE STATE OF ESSENTIAL SERVICES PERTINENT THERETO

Introduced by Honorable Quesada and Bennagen

TO THE COMMITTEE ON SOCIAL JUSTICE AND SOCIAL SERVICES

Proposed Resolution No. 114, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION ON THE EDUCATIONAL AIMS OF EDUCATIONAL INSTITUTIONS IN THE PHILIPPINES WHICH SHALL INCLUDE, AMONG OTHERS, THE DEVELOPMENT OF HEALTH CONSCIOUSNESS AND THE BROAD PERSPECTIVES OF A LIBERAL EDUCATION

Introduced by Honorable Quesada

TO THE COMMITTEE ON HUMAN RESOURCES

COMMUNICATIONS
Communication No. 12 鈥� Constitutional Commission of 1986

Letter from the Honorable Christian S. Monsod as National Chairman of the National Movement for Free Elections, informing the Constitutional Commission that Namfrel would like to participate in the constitution-making process and has designated Atty. Edgardo J. Angara and Atty. Eduardo F. Hernandez to act in Namfrel鈥檚 behalf, and that its Executive Council has approved a resolution to mobilize its chapters nationwide for the public hearings of the Commission

TO THE AD HOC PLANNING COMMITTEE ON PUBLIC HEARINGS

Communication No. 13 鈥� Constitutional Commission of 1986

Communication from the Movement for a Filipino Federal Republic signed by Mr. Sammy C. Occena of Tionko Avenue, Davao City and 186 other members proposing a federal republic

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

Communication No. 14鈥� Constitutional Commission of 1986

Letter from Mr. Jorge C. Salenga of Angeles City, proposing the following: preservation of the definition of the territory of the Philippines as found in the 1935 Constitution; declaring command responsibility in the exercise of government functions as a national policy; and that decisions of the Supreme Court and the generally accepted principles of international law shall not form part of the law of the land  

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

Communication No. 15 鈥� Constitutional Commission of 1986

Letter from the Council for the Welfare of Children signed by Dr. Fe del Mundo and Judge Regina G. Ordonez-Benitez, transmitting proposals on principles and policies protecting children and youth

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

COMMITTEE REPORT
Committee Report No. 2 on Proposed Resolution No. 123, prepared by the Committee on National Economy and Patrimony, entitled:

RESOLUTION PROPOSING TO INCORPORATE CERTAIN PROVISIONS OF ARTICLE XIV OF THE 1973 CONSTITUTION ON NATIONAL ECONOMY AND PATRIMONY OF THE NATION IN THE 1986 CONSTITUTION,

recommending that the same be approved, pending further consideration of other Proposed Resolutions on the other provisions of Article XIV of the 1973 Constitution.


CORRECTION ON THE PREAMBLE

Mr. Tingson moved for a correction of a typographical error on the printed copies of the proposed Preamble so as to delete the word "to" before the word "establish".

He then manifested that according to the feedback that he had received, the Preamble had elicited favorable reactions from the public because of the Commission's use of the phrase "Almighty God" and the addition of the word "love".

MOTION OF MR. CONCEPCION

At this juncture, Mr. Concepcion moved for a reconsideration of the Body's approval of the Preamble on Second Reading for further discussion.

SUSPENSION OF SESSION

The Chair suspended the session.

It was 3:40 p.m.

RESUMPTION OF SESSION

At 3:51 p.m., the session was resumed.

Upon resumption of session, Mr. Concepcion withdrew his motion.

APPROVAL OF MR. TINGSON'S MOTION

There being no other objection to Mr. Tingson鈥檚 motion to delete the word 鈥渢o鈥� on line 3 of the Preamble, the same was approved by the Body.

MOTION TO VOTE ON THIRD READING ON PROPOSED RESOLUTION NO. 72

Mr. Rama moved for a vote on Third Reading on Proposed Resolution No. 72.

At this juncture, in reply to Mr. Davide's inquiry whether the voting would include the "whereases" in Proposed Resolution No. 72, the Chair stated that only the Preamble would be contained in the Constitution.

Whereupon, Mr. Davide suggested that subsequent resolutions should only include the text of the Constitutional proposal for purposes of voting on Third Reading.

COMMENTS OF MR. BROCKA

Adverting to Mr. Tingson's earlier comment on the Proposed Resolution No. 72, Mr. Brocka stated that he felt uncomfortable with the wordings of the Preamble, particularly on the inclusion of the word "love", perhaps because of the overwhelming influence of the unique revolution which the country went through, but which, on the other hand, seemed to sound as though the people have not been imbued enough with such virtue. He suggested the more appropriate inclusion of the word "independence" side by side with such words as truth, justice, freedom, equality and peace.

In response thereto, the Chair explained that when Proposed Resolution No. 72 would be submitted for Third Reading, any Member could explain his vote.

COMMENTS OF MR. ABUBAKAR

Upon recognition by the Chair, Mr. Abubakar stated that he fully supports Mr. Brocka's stand on the word "love", stating that all Filipinos believe in "love", but he believes that the term is so broad that it is susceptible to many interpretations. He opined that the proposed Preamble should be elevated to a level of dignity and strength, to make it more lofty and serious by deleting the word "love".

He then suggested that the Body reconsider the matter.

SUSPENSION OF SESSION

At this juncture, the Chair suspended the session.

It was 4:01 p.m.

RESUMPTION OF SESSION

At 4:09 p.m., the session was resumed.

Upon resumption of session, Mr. Abubakar withdrew his suggestion.

MOTION OF MR. SUAREZ TO DEFER

Thereupon, Mr. Suarez moved for the deferment of the voting on Third Reading on proposed Resolution No. 72 until after the Body shall have made an assessment of the people's sentiment as a result of consultations in the scheduled public hearings.

Reacting to Mr. Suarez' motion, Mr. Rodrigo pointed out that a postponement of the voting on Third Reading on Proposed Resolution No. 72 would be violative of Section 28 of the Rules.

Mr. Suarez, however, stated that Mr. Rodrigo's observation supports his motion to defer since the Members were not given reasonable opportunity to analyze the provision to be voted upon.   

COMMENTS OF MR. DE CASTRO

Adverting to Mr. Garcia's motion to defer the voting on Second Reading on the Proposed Preamble which was not approved by the Body, Mr. de Castro inquired whether it would defer the approval on Third Reading of said Resolution and go back to the period of amendments should there be any further amendments.

COMMENTS OF MR. AZCUNA

Mr. Azcuna stated that even if the proposed Preamble would be approved on Third Reading, its wordings could still be changed by the Committee on Style inasmuch as it is not, technically, an integral part of the Constitution. He further stated that the proposed Preamble could still be changed if the responses during the public hearings would warrant these changes.

COMMENTS OF MR. RODRIGO

Thereupon, Mr. Rodrigo called the attention of the Body to Section 28 of the Rules on the requisites for Third Reading of proposed Resolutions unless the Body suspends the Rules which needs a unanimous vote.

SUSPENSION OF SESSION

At 4:20 p.m., the Chair suspended the session.

RESUMPTION OF SESSION

At 4:25 p.m., the session was resumed.

MOTION OF MR. SUAREZ

Mr. Suarez amended his original motion and moved that consideration on Third Reading of the proposed Preamble be deferred to the following day, June 17, 1986, in accordance with Section 28 of the Rules cited by Mr. Rodrigo.

INQUIRY OF MR. OPLE

On Mr. Ople's query as to why Mr. Suarez amended his original motion, the latter explained that Section 28 of the Rules specifically provides for a period of not more than 3 calendar days. Mr. Ople then seconded the motion of Mr. Suarez which motion, there being no objection, was approved by the Body.

MOTIONS OF MR. BENGZON

At this juncture, Mr. Bengzon, as Chairman of the Steering Committee, presented an omnibus motion to authorize the Committee to automatically refer to the respective Committees the different provisions of the draft Constitutions submitted by the various entities for appropriate action, which referral would be effected by means of an inter office memo.

On Mr. Davide's query whether such motion would be necessary considering that under the Rule, the Steering Committee has among its functions, the duty to coordinate with other organic committees, the Chair stated that it would be more in accordance with the Rules if Mr. Bengzon's motion were acted upon in plenary session.

Submitted to a vote, and with the majority voting in favor, the motion was approved by the Body.

Mr. Bengzon then observed that overlapping of committee meetings had caused many of the Members to miss other committee meetings they wish to attend. In this regard, he moved (1) that the plenary sessions be limited to thirty minutes or one hour during which the Reference of Business could be disposed of, with the rest of the afternoon devoted to public hearings or committee meetings; and; (2) that the Commission meet in caucus to enable the Steering Committee, upon suggestion of Mr. Monsod, to discuss the arrangements for committee meetings.

SUGGESTION OF MR. BERNAS

Thereupon, Mr. Bernas suggested that the Body consider the suspension of plenary sessions and instead devote a week to public hearings. He opined that such arrangement would enable the Commission to honor the commitment of holding public hearings before the submission of Committee Reports by the various Committees.

COMMENT OF MR. MONSOD

In response to the suggestion of Mr. Bernas; Mr. Monsod stated that organizing public hearings in 45 provinces is not an easy task and that the Ad Hoc Committee would like to have enough lead time to make such arrangements. In this regard, he informed the Body that the first of a series of public hearings would be on June 28, 1986. He opined that the suggestion of Mr. Bernas would not facilitate public hearings, because holding these public hearings in one week would present a big logistical problem. He stated, however, that proposals on the activities of the Commission for the next three weeks would be taken up in caucus immediately after the session.

In reply thereto, Mr. Bernas stressed that to slow down the consideration of Committee Reports would involve an amendment to the Rules.

COMMENT OF MR. ROMULO

In response to the statement of Mr. Bernas, Mr. Romulo stated that the Committee on Rules intends to submit on July 7 complete reports for plenary debates after the conduct of public hearings.   

At this juncture, Mr. Regalado invited Mr. Romulo's attention to Section 22, Rule VI of the Rules which states that "each Committee shall submit a report on each Resolution read at least within ten days after the resolution has been referred to it". He stated that following the timetable approved by the Body, the period within which the Committee Reports would be submitted would be at the end of the public hearings. He then sought clarification on the matter.

REMARKS OF MR. SUMULONG

Thereupon, Mr. Sumulong stated that there was an oversight, explaining that the first sentence of Section 22, which was in the Provisional Rules should have been deleted after the approval of the timetable which provides for the completion of Committee Reports on July 7, 1986. He then moved for the unanimous consent of the Body to delete the sentence from the Rules, which motion, duly seconded, and there being no objection, was approved by the Body.

REITERATION OF MR. BENGZON'S MOTIONS

Thereafter, Mr. Bengzon reiterated his motions, namely: (1) to limit, starting June 17, the plenary session from thirty minutes to one hour; and (2) to go into caucus to discuss a formula to minimize the overlapping of Committee meetings.

INQUIRY OF MR. GASCON

In reply to the query of Mr. Gascon, Mr. Bengzon explained that the calendaring of Committee Reports would be after July 7, 1986; however, should the Committees after public hearings finish their reports sooner, such reports should be submitted to the Secretariat and to the Steering Committee so that the latter could decide which reports would be given priority.

INQUIRY OF MR. RIGOS

On the query of Mr. Rigos on whether the proposed Preamble would be taken up the following day on Third Reading, Mr. Bengzon replied in the affirmative.

Mr. Bengzon then restated his first motion, with a modification, that beginning June 17, the session start at 2:00 p.m.

AMENDMENT OF MR. BACANI

At this juncture, Mr. Bacani amended the motion by adding the phrase "unless the President deems it wise to prolong the session", which amendment Mr. Bengzon accepted.

OBJECTION OF MR. PADILLA

Mr. Padilla interposed an objection to the motion on the ground that it would make the plenary sessions a mere formality. He underscored the significance of allowing the Members to express their views through a free-wheeling discussion of the various Articles of the Constitution.

By way of a reaction, Mr. Bengzon stated that the points raised by Mr. Padilla could be threshed out when Committee Reports shall have been submitted for Second Reading.

SUSPENSION OF SESSION

At this juncture, the Chair suspended the session.

It was 4:51 p.m.

RESUMPTION OF SESSION

At 4:56 p.m., the session was resumed.

Upon resumption, Mr. Bengzon withdrew his first motion.

ADJOURNMENT OF SESSION

On motion of Mr. Bengzon, as amended by Mr. Monsod, there being no objection, the Chair declared the session adjourned until three o'clock in the afternoon of the following day in order that the Body could meet in a caucus to discuss the points raised earlier.

It was 4:58 p.m.

I hereby certify to the correctness of the foregoing.

		ATTESTED:
		(SGD.) CECILIA MU脩OZ PALMA
			President
(SGD.) FLERIDA RUTH P. ROMERO
	Secretary-General	Approved on June 17, 1986