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CALL TO ORDER

At 9:14 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. Serafin V. C. Guingona, to wit:

Almighty Father, we humbly pray for Your divine guidance, so that we may be able to correctly perceive and discern the sentiments and desires of our people as to what should be contained in the proposed Constitution and so that we may conformably and accurately crystallize and express these sentiments and desires.

Grant us the wisdom so that in our efforts, truth and justice may prevail, the humility to accept the ideas of others which may conflict with ours bearing in mind that we are here to serve the interests of our people, and the physical endurance to accomplish the many and varied tasks before us.

Help us never to forget to be concerned with the common good, for the welfare of our people, particularly the poor and the deprived, in this our work of drafting our people's Constitution, one which would seek to establish in this fair land a community characterized by moral regeneration, social progress for all, political stability, economic prosperity, love and concern for one another.

Grant us to use the responsibility that You have given us to the fullest advantage of our people and our country. Make us realize fully and well that our acts and omissions in this momentous endeavor would inevitably be judged by our people now and by those of future generations and by You.  

We give You thanks for this great opportunity to serve our people and we pray that, with Your divine assistance, we shall not fail them.

Amen.

ROLL CALL

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

Aquino, F. S.	Nieva, M. T.F.
Azcuna, A. S.	Padilla, A. B.
Bacani, T. C.	Muñoz Palma, C.
Bennagen, P. L.	Quesada, M. L. M.
Bernas, J. G.	Rama, N. G.
Rosario Braid, F.	Regalado, F. D.
Brocka, L. O.	Rigos, C. A.
De Castro, C. M.	Rodrigo, F. A.
Colayco, J. C.	Romulo, R. J.
Concepcion, R. R.	Rosales, D. R.
Foz, V. B.	Sarmiento, R. V.
Garcia, E. G.	Suarez, J. E.
Guingona, S. V. C.	Tadeo, J. S. L.
Jamir, A. M. K.	Tan, C.
Lerum, E. R.	Tingson, G. J.
Maambong, R. E.	Treñas, E. B.
Monsod, C. S.	Uka, L. L.

With 34 Members present, the Chair declared the presence of a quorum.

The following Members appeared after the Roll Call:

Alonto, A. D.	Ople, B. F.
Calderon, A. D.	De los Reyes, R. F.
Laurel, J. B.	Villacorta, W. V.
Natividad, T. C.	Villegas, B. M.

Mr. Davide notified the Commission, through the Secretariat, of his absence.

The following Members were absent:

Abubakar, Y. R.	Nolledo, A. N.
Bengzon, J. F. S.	Sumulong, L. M.
Gascon, J. L. M. C.

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 RESOLUTION

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. 296, entitled:

RESOLUTION TO INCLUDE IN THE PROPOSED CONSTITUTION SECTION ONE OF ARTICLE III OF THE 1973 CONSTITUTION WITH MODIFICATION

Introduced by Honorable Treñas and Suarez

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

Proposed Resolution No. 297, entitled:

RESOLUTION PROPOSING TO ADOPT IN THE CONSTITUTION AN ARTICLE FOR THE BILL OF RIGHTS OF CITIZENS

Introduced by Honorable Tingson

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

Proposed Resolution No. 298, entitled:

RESOLUTION PROPOSING FOR THE CREATION OF A SEPARATE MINISTRY ON CULTURAL COMMUNITIES

Introduced by Honorable Tingson

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 299, entitled:

RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SEPARATE MINISTRY OF CULTURE

Introduced by Honorable Tingson

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 300, entitled:

RESOLUTION PROPOSING TO INCORPORATE IN THE NEW CHARTER A PROVISION ON THE COMPULSORY STUDY OF ETHNIC FILIPINO CULTURES IN ALL SCHOOLS

Introduced by Honorable Tingson

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 301, entitled:

RESOLUTION PROPOSING TO INCORPORATE IN THE NEW CONSTITUTION A STATE POLICY ON TOURISM RESPECTING THE CUSTOMS, TRADITIONS, AND BELIEFS OF NATIONAL CULTURAL COMMUNITIES

Introduced by Honorable Tingson

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 302, entitled:

RESOLUTION TO DELETE THE PROVISION UNDER DECLARATION OF PRINCIPLES IN BOTH THE 1936 AND 1973 CONSTITUTIONS POSTULATING THAT "THE DEFENSE OF THE STATE IS THE PRIME DUTY OF THE GOVERNMENT AND PEOPLE" AND TO THIS END TO COMPEL EVERY CITIZEN TO RENDER MILITARY SERVICE — A DANGEROUS ANACHRONISM THAT SHOULD YIELD TO THE SOUNDER AND MORE RELEVANT PRIORITY THAT THE GOVERNMENT'S PRIMARY DUTY IS TO LIFT THE LIVING LEVEL OF OUR IMPOVERISHED PEOPLE AND TO DEFEND THEIR BASIC FREEDOMS

Introduced by Honorable Rama

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

Proposed Resolution No. 303, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION FOR THE COMPULSORY TEACHING OF HUMAN RIGHTS IN ALL LEVELS OF EDUCATION AS WELL AS IN NONFORMAL TRAINING TO PERSONS AND INSTITUTIONS TASKED TO ENFORCE AND GUARANTEE THE OBSERVANCE OF HUMAN RIGHTS

Introduced by Honorable Quesada and Bennagen

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 304, entitled:

RESOLUTION TO INCORPORATE IN THE ARTICLE ON TRANSITORY PROVISIONS OF THE NEW CONSTITUTION A PROVISION MANDATING JUDICIAL CONFIRMATION OF ADMISSIONS TO PHILIPPINE CITIZENSHIP UNDER OR PURSUANT TO A DECREE PROMULGATED BY THE PAST REGIME

Introduced by Honorable Davide, Jr.

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

Proposed Resolution No. 305, entitled:

RESOLUTION PROHIBITING THE REGISTRATION OF POLITICAL PARTIES UNLESS THEY PUBLISH AND SUBMIT THEIR PROGRAM OF GOVERNMENT OR PLATFORMS AND THEIR CONSTITUTION AND BYLAWS AND PROCLAIM THEIR ADHERENCE TO AND SUPPORT OF THE CONSTITUTION

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 306, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION EXCLUDING FROM THE RULE OF DOUBLE COMPENSATION PENSIONS OR GRATUITIES

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON GENERAL PROVISIONS

Proposed Resolution No. 307, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION REQUIRING THAT ONLY CITIZENS OF THE PHILIPPINES OR CORPORATIONS WHOLLY OWNED BY SUCH CITIZENS CAN ENGAGE IN COMMERCIAL TELECOMMUNICATIONS AND THAT MEMBERS OF BOTH THE GOVERNING AND MANAGING BODIES THEREOF SHALL BE FILIPINO CITIZENS

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON GENERAL PROVISIONS

Proposed Resolution No. 308, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION PROHIBITING ANY RELIGIOUS SECT AND ANY PARTY, AGGROUPMENT, ASSOCIATION OR ORGANIZATION WHICH SEEKS DIRECTLY OR INDIRECTLY TO ACHIEVE ITS GOAL THROUGH VIOLENCE OR ARMED STRUGGLE FROM BEING REGISTERED OR ACCREDITED AS A POLITICAL PARTY   

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 309, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION AN ARTICLE ON NATIONAL PATRIMONY AND THE ECONOMY

Introduced by Honorable Gascon

TO THE COMMITTEE ON NATIONAL ECONOMY AND PATRIMONY

Proposed Resolution No. 310, entitled:

RESOLUTION TO PROVIDE FOR INITIATIVE AND REFERENDUM ON THE NATIONAL AND LOCAL LEVEL IN THE NEW CONSTITUTION

Introduced by Honorable Gascon

TO THE COMMITTEE ON THE LEGISLATIVE

Proposed Resolution No. 311, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION PROVISION FOR THE ESTABLISHMENT AND MAINTENANCE OF A COMPLETE, ADEQUATE, INTEGRATED AND NATIONALISTIC SYSTEM OF EDUCATION RELEVANT TO THE GOALS OF NATIONAL DEVELOPMENT

Introduced by Honorable Gascon

TO THE COMMITTEE ON HUMAN RESOURCES

Proposed Resolution No. 312, entitled:

RESOLUTION TO INCLUDE A PROVISION IN THE NEW CONSTITUTION THAT ALL CANDIDATES FOR ELECTION OR REELECTION SHALL AUTOMATICALLY VACATE THEIR POSITIONS UPON THE FILING OF THEIR CERTIFICATES OF CANDIDACY

Introduced by Honorable Suarez and Jamir

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES

Proposed Resolution No. 313, entitled:

RESOLUTION TO PROVIDE FOR AN ANNUAL BUDGET FOR THE JUDICIAL DEPARTMENT TO ENSURE ITS INDEPENDENCE

Introduced by Honorable Suarez, Tadeo, Colayco, Jamir and Treñas

TO THE COMMITTEE ON THE JUDICIARY

Proposed Resolution No. 314, entitled:

RESOLUTION PROHIBITING THE STATE OR ANY OF ITS SUBDIVISIONS OR INSTRUMENTALITIES FROM REQUIRING A PERMIT FOR THE HOLDING OF RALLIES, DEMONSTRATIONS OR OTHER FORMS OF MASS OR CONCERTED ACTION IN THE EXERCISE OF THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE AND PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES

Introduced by Honorable Foz

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

COMMUNICATIONS
Communication No. 63 — Constitutional Commission of 1986

Letter from the Protestant Lawyers League of the Philippines signed by Messrs. Glenn Palumbon and Samuel Matunog, expressing their desire to sponsor a public hearing on the declaration of principles, bill of rights and/or national patrimony and economy, preferably on July 3, 1986

TO THE AD HOC PLANNING COMMITTEE ON PUBLIC HEARINGS

Communication No. 64 — Constitutional Commission of 1986

Resolution No. 56 of the Sangguniang Bayan of Monkayo, Davao, requesting the inclusion in the Constitution of provisions for forest lands reform program

TO THE COMMITTEE ON NATIONAL ECONOMY AND PATRIMONY

Communication No. 65 — Constitutional Commission of 1986

Letters from the Honorable Roberto R. Concepcion and the Honorable Ambrosio B. Padilla, referring the letter of Mr. Jose J. Francisco of Sauyo, Novaliches, Quezon City, submitting proposed provisions on the judiciary

TO THE COMMITTEE ON THE JUDICIARY

Communication No. 66 — Constitutional Commission of 1986

Letter of Mr. Tomas R. Leonidas of 55 Chestnut St., Fairview Park, Quezon City, submitting proposals on the appointment of the members of the judiciary

TO THE COMMITTEE ON THE JUDICIARY

UNFINISHED BUSINESS: COMMITTEE REPORT NO. 3 ON PROPOSED RESOLUTION NO. 263 ON NATIONAL TERRITORY

Thereafter, on motion of Mr. Rama, there being no objection, the Body proceeded to the continuation of consideration of Committee Report No. 3 on Proposed Resolution No. 263, entitled:

Resolution to incorporate in the New Constitution an article on National Territory.

Mr. Rama then asked that Mr. Azcuna be recognized to interpellate the Sponsor.

SUSPENSION OF SESSION

At this juncture, the Chair suspended the session.

It was 9:29 a.m.

RESUMPTION OF SESSION

At 9:41 a.m., the session was resumed.

QUESTIONS AND COMMENTS OF MR. REGALADO

At this juncture, Mr. Regalado raised some questions and made comments on certain provisions of Resolution No. 263 which, he said, should be answered upon return of the sponsor who was absent in the day's session.

Firstly, on the phrase "territories belonging to the Philippines by historic right or legal title", Mr. Regalado noted that the 1973 Constitution employed the phraseology for the purpose, inter alia, of leaving open the claim to Sabah. He then asked if the reproduction of the said phrase in proposed Resolution No. 263 means that the Commission intends to maintain the same posture of not foreclosing any claim or future claim on Sabah or the Kalayaan group of islands.

Secondly, Mr. Regalado sought clarification on the meaning of "insular shelf" vis-a-vis the term "continental shelf" which is the term used in the Convention on the Law of the Sea.

He stated that the term "continental shelf" refers to countries which are parts of a continent, but the Philippines being an archipelago, he asked if the sloping of the land into the sea which produces an irregular contour would fall under the concept and purpose for which the term "continental shelf" was considered in the Convention on the Law of the Sea

Thirdly, Mr. Regalado stated that he wanted to seek clarification on what are the internal waters of the Philippines, specifically whether the same distinction is maintained between territorial waters which, under the Convention, is 12 nautical miles outwards from the base lines and "internal waters" which refers to those enclosed within the base lines regardless of the breadth and dimension thereof.

Fourthly, on the incorporation in the proposed Resolution of the last sentence "sovereignty or jurisdiction of the Philippines shall also extend to straits connecting these waters with the economic zone provided for in the Convention on the Law of the Sea", Mr. Regalado took exception to the Sponsor's statement in the previous session that it was necessary to make reference to the Convention on the Law of the Sea on the basis of the reservation made by then Senator Arturo Tolentino insofar as the right of innocent passage is concerned. Mr. Regalado pointed out that under Article 310 of the Convention on the Law of the Sea, no such reservation was allowed when the treaty was ratified.

Adverting to the sponsor's statement that it was necessary to include the phrase "with the economic zone provided for in the Convention on the Law of the Sea", notwithstanding the advice of Ambassador Arreglado not to advert to the Law of the Sea in the discussions, Mr. Regalado pointed out that if the intention is to protect the economic zone as part of the territory of the Philippines and the rights to exploit the same, even without ratifying the Convention, the Philippines could still avail, not only of the 12-mile territorial sea and the 200-mile exclusive economic zone but also of the definition of "continental shelf" as binding rules of international law. In support of this contention, he adverted to Proclamation No. 370 of March 20, 1968 in which the Philippines asserted sovereignty over the mineral resources of the continental shelf as defined in Article 3 of the Petroleum Act in accordance with the Geneva Convention of 1958, and the fact that Presidential Decree No. 1599 dated June 11, 1978 proclaimed a 200-mile exclusive economic zone for the Philippines, declaring that such a zone comes within the recognized principle of international law. He pointed out that the United States proclaimed a 200-mile economic zone even without signing the Convention.

Mr. Regalado maintained that there is no need for providing in the Constitution what is already an accepted principle of international law.

On the matter of territorial sea, Mr. Regalado stated that this is also something bothering him because in the 1973 Constitution as well as in the proposed Resolution, the Philippines asserts jurisdiction by historic right or legal title, not only over land area, but also over the territorial sea.

INQUIRY OF MR. MAAMBONG

At this juncture, in reply to Mr. Maambong's query whether he is a member of the sponsoring Committee or an author of any of the Resolutions contained in the Committee report, Mr. Regalado explained that it was upon the suggestion of the Floor Leader that he brought up the matters he had raised to which the sponsor may respond later. He affirmed that he is not a member of the sponsoring Committee nor an author of any of the Resolutions indicated in the Committee report.

SUSPENSION OF SESSION

The Chair suspended the session.

It was 9:52 a.m.

RESUMPTION OF SESSION

At 9:57 a.m., the session was resumed.

Upon resumption, Mr. Maambong manifested that in view of the clarification given during the suspension, he was withdrawing his inquiry.

Mr. Regalado, for his part, stated that he was indeed posing the questions to the sponsor and that he had wanted to ask more, specifically on the effects of the Convention on the Law of the Sea on the territorial sea of the Philippines. He then made a reservation to continue his interpellation in the next session.

ADJOURNMENT OF SESSION

Thereafter, on motion of Mr. Rama, in order to enable the Members to attend the Committee meetings scheduled for the morning, the Chair declared the session adjourned until five o'clock in the afternoon of Monday, June 30, 1986.

It was 10:00 a.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 June 30, 1986