Tuesday, September 2, 1986
CALL TO ORDER
At 10:20 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. Rustico F. de los Reyes, Jr., to wit:
"Supreme Ruler of the universe, today, we shall tackle again an important and delicate issue involving the future of our patrimony and economy. As usual, debates could be heated and passionate because of the strength of our respective beliefs and convictions.
We need Your Divine Guidance more than ever, so that we shall never forget that despite our diverse stand, we are bound together as brothers and sisters under Your Fatherhood.
Grant that this proceeding which we shall start in peace, proceed in harmony, and adjourn in friendship.
Amen."
ROLL CALL
Upon direction of the Chair, the Secretary-General of the Commission called the Roll and the following Members responded:
Bengzon, J. F. S. | Monsod, C. S. |
Bennagen, P. L. | Natividad, T. C. |
Bernas, J. G. | Nieva, M. T. F. |
Rosario Braid, F. | Padilla, A. B. |
Calderon, J. D. | Muñoz Palma, C. |
De Castro, C. M. | Quesada, M. L. M. |
Concepcion, R. R. | Rama, N. G. |
Davide, H. G. | De los Reyes, R. F. |
Garcia, E. G. | Rodrigo, F. A. |
Gascon, J. L. | M. C. Sarmiento, R. V. |
Guingona, S. V. C. | Suarez, J. E. |
Jamir, A. M. K. | Villacorta, W. V. |
Laurel, J. B. | Villegas, B. M. |
With 26 Members present, the Chair declared the presence of a quorum.
The following Members appeared after the Roll Call:
A.M. Abubakar, Y. R. | Nolledo, J. N. |
Aquino, F. S. | Ople, B. F. |
Azcuna, A. S. | Rigos, C. A. |
Foz, V. B. | Romulo, R. J. |
Maambong, R. E. | Tingson, G. J. |
P.M.
Alonto, A. D. | Sumulong, L. M. |
Colayco, J. C. | Tadeo, J. S. L. |
Lerum, E. R. | Tan, C. |
Mr. Bacani notified the Constitutional Commission, through the Secretariat, of his absence.
Messrs. Rosales and Treñas were sick.
Messrs. Regalado and Uka were absent.
READING AND APPROVAL OF THE JOURNAL
On motion of Mr. Calderon, 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. Calderon, there being no objection, the Body proceeded to the Reference of Business.
REFERRAL TO COMMITTEES OF COMMUNICATIONS
Upon direction of the Chair, the Secretary-General read the titles of the following Communications which were, in turn, referred by the Chair to the Committees hereunder indicated:
Communication No. 681 — Constitutional Commission of 1986
Letter from Mr. Liberato Bautista of the National Council of Churches in the Philippines, 879 EDSA, Quezon City, transmitting the NCCP's statement on the Presidential Commission on Good Government and on Religious Instruction in Public Schools, issued, respectively, by Bishop La Verne Mercado and Dr. Johnny Gumban, hoping that the Constitutional Commission will find information on the thinking of the Protestant community about the subject matter treated in the statement
TO THE STEERING COMMITTEE
Communication No. 682 — Constitutional Commission of 1986
Letter from Pastor Gil Palcone of the Marikina First Baptist Church, E. dela Paz St., Sto. Niño, Marikina, Metro Manila, urging the Constitutional Commission to incorporate in the Constitution the provision that the separation of Church and State shall be inviolable as embodied in the 1973 Constitution and as understood historically and jurisprudentially in the Philippines
TO THE COMMITTEE ON GENERAL PROVISIONS
Communication No. 683 — Constitutional Commission of 1986
Letter from Mr. Zoilo Dejaresco, Jr. of 56 Mabini St., City of Tagbilaran, submitting a position paper recommending the reconsideration or deletion from Proposed Resolution No. 215 of the prohibition of cross-media ownership in a single market area
TO THE COMMITTEE ON GENERAL PROVISIONS
Communication No. 684 — Constitutional Commission of 1986
Letter from Minister Jose S. Concepcion, Jr. of the Ministry of Trade and Industry, 361 Sen. Gil J. Puyat Avenue, Makati, Metro Manila, transmitting a copy of the article "The Constitutional Protection of Economic Freedom" by Mr. Paul Craig Roberts, hoping that said article may be of interest and use in the Constitutional Commission's historic task of writing a new Constitution
TO THE STEERING COMMITTEE
Communication No. 685 — Constitutional Commission of 1986
Communication from the Bible Believers League For Morality and Democracy, 2330 Revellin St., Sta. Ana, Manila, submitting its position paper on social justice, the new system of Philippine education, and a position paper in support of the retention of the provision upholding the principle of the separation of Church and State with the hope that the same may be considered favorably
TO THE STEERING COMMITTEE
Communication No. 686 — Constitutional Commission of 1986
Communication from the Philippine Medical Society of Florida, Inc., signed by its President, Gonzalo A. C. Espino, and three other officers, urging the Constitutional Commission to incorporate in the Constitution a provision that would make a natural-born citizen of the Philippines who has lost his/her Philippine citizenship a transferee of private lands
TO THE COMMITTEE ON THE NATIONAL ECONOMY AND PATRIMONY
Communication No. 687 — Constitutional Commission of 1986
Communication from Mr. Edilberto R. Abentino and eighty other signatories of the Cagayan de Oro College, Carmen, Cagayan de Oro City, proposing amendments to Section 4, Article II and Section 10, Article XV of the 1973 Constitution for incorporation in the new Constitution
TO THE COMMITTEE ON HUMAN RESOURCES
Communication No. 688 — Constitutional Commission of 1986
Communication from one Atty. Florante M. Yambot proposing that "the Armed Forces of the Philippines shall be composed of officers and men recruited proportionately from all the provinces"
TO THE COMMITTEE ON GENERAL PROVISIONS
Communication No. 689 — Constitutional Commission of 1986
Letters each from Ms. Natividad A. Umali, 100 T. Valdellon Street, Paete, Laguna; Mr. Danilo Fabella, 103 P. Jacinto Street, Caloocan City; Mr. Julius de los Santos, P.O. Box 23, Valenzuela, Metro Manila; Mr. Teody Pajaron, 4th Floor, Lola Taya Bldg., 1165 Quezon Blvd., Quezon City; and Ms. Rebecca O. Calba, Copenhagen, Denmark, all urging the Constitutional Commission to incorporate in the Constitution the provision that the separation of the Church and State shall be inviolable as embodied in the 1973 Constitution and as understood historically and jurisprudentially in the Philippines
TO THE COMMITTEE ON GENERAL PROVISIONS
Communication No. 690 — Constitutional Commission of 1986
Communication from three hundred twenty-nine signatories of concerned citizens of Negros Occidental, declaring that these signatories adhere and hold fast to democracy and to the tenets and principles of the democratic form of government, and repudiate communism in all its forms and implications, and that the U.S. military bases in the Philippines be retained even beyond the expiry date in 1911
TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY AND DECLARATION OF PRINCIPLES
Communication No. 691 — Constitutional Commission of 1986
Communication from three thousand three hundred ninety-three (3,393) signatories with their respective addresses seeking to include in the Constitution a provision obliging the State to protect the life of the unborn from the moment of conception
TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY AND DECLARATION OF PRINCIPLES
UNFINISHED BUSINESS: RESOLUTION NO. 496 ON THE ARTICLE ON NATIONAL ECONOMY AND PATRIMONY
Thereafter, pursuant to the agreement between Mr. Suarez and the Chairman of the Committee on the National Economy and Patrimony, on motion of Mr. Rama, there being no objection, the Body resumed consideration, on Second Reading, of Proposed Resolution No. 496 (Committee Report No. 24), on the proposed Article on National Economy and Patrimony.
SUSPENSION OF SESSION
At this juncture, the Chair suspended the session.
It was 10:31 a.m.
RESUMPTION OF SESSION
At 10:46 a.m., the session was resumed.
DEFERMENT OF CONSIDERATION OF THE ARTICLE ON NATIONAL ECONOMY AND PATRIMONY
Upon resumption of session, after consultation with Mr. Suarez and the Chairman of the Committee, on motion of Mr. Rama, there being no objection, the Body deferred consideration of the Article on National Economy and Patrimony.
CONTINUATION OF CONSIDERATION ON SECOND READING OF THE ARTICLE ON EDUCATION, SCIENCE, TECHNOLOGY, ARTS AND CULTURE
Thereupon, on motion of Mr. Rama, there being on objection, the Body resumed consideration, on Second Reading, of the Proposed Resolution on the Article on Education, Science, Technology, Arts and Culture (Committee Report No. 29), entitled:
Resolution to incorporate in the Constitution an Article on Education, Science, Technology, Arts and Culture.
The Chair recognized Mr. Villacorta and the members of the Committee on Human Resources.
REMARKS OF MR. DE CASTRO
Adverting to the statement of the Sponsor during the previous session that if the cost of military hardwares and ammunitions like the Sikorsky helicopter and armored personnel carrier would be allocated for education, the standards of education would be enhanced, Mr. de Castro pointed out that such funds for military hardwares under the Military Bases Agreement and Mutual Defense Treaty were not actually available.
Mr. Guingona replied that this unavailability of funds may hold true for the present but in future renegotiations, he opined that some kind of distribution other than what exists might be considered. Mr. de Castro, however, adverted to a proposed Resolution seeking the removal of military bases, stating that should it be approved by the Body, with more reason, there would be no more funds available, in reply to which Mr. Gascon clarified that when he spoke of military expenditures in relation to education, he was making a comparison that it would cost less to provide greater access to and greater development in education than to acquire military hardware and that he was just stressing the fact that available funds need re-prioritization.
Mr. Guingona added that there are other government activities from which savings may be realized for transfer to education.
PERIOD OF AMENDMENTS
There being no other Member desiring to interpellate on the provisions on education and considering that other Members who registered to interpellate on the other provisions of the Article were not yet around, on motion of Mr. Rama, there being no objection, the Body proceeded to the period of amendments without prejudice to further interpellations upon arrival of said Members.
Mr. Gascon manifested that Mr. Davide had indicated additional points on the provisions on science and technology on which he would like to interpellate. However, Mr. Rama suggested that the Body proceed in the meantime to consider amendments on the provisions on education.
SUSPENSION OF SESSION
At this juncture, the Chair suspended the session.
It was 10:54 a.m.
RESUMPTION OF SESSION
At 11:37 a.m., the session was resumed.
AMENDMENT OF MR. BACANI, MRS. NIEVA, MESSRS. AZCUNA, DAVIDE, MS. TAN, AND MESSRS. MONSOD, OPLE, TINGSON AND ROMULO
Upon resumption of session, Mr. Villacorta read the proposed omnibus Section 1 of the Article on Education, Science, Technology, Arts and Culture, as amended, to wit:
SECTION 1. THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS CULTURE AND SPORTS FOR THE PURPOSE OF FOSTERING NATIONALISM, NATIONAL UNITY, TOTAL HUMAN LIBERATION AND DEVELOPMENT, AND EXPANDING THE FRONTIERS OF KNOWLEDGE, EQUITY, JUSTICE AND FREEDOM.
Mr. Villacorta manifested that in Mr. Bengzon's view the phrase "expanding the frontiers of" should have less values because the phrases "human liberation" and "social and economic progress" for instance, may already include "equality, justice and freedom".
He sought the Members' reaction.
Mr. Ople disagreed with Mr. Bengzon's observation on the ground that the clause "expanding the frontiers of knowledge, justice, equality and freedom" rounds off the sense of the entire paragraph.
Mr. Padilla suggested that instead of "total human liberation and development", it is important to stress the MORAL, MENTAL AND PHYSICAL DEVELOPMENT.
Mrs. Nieva, however, explained that the accepted interpretation of "total human development" embraces the moral, intellectual, physical and cultural aspects or the totality of man.
Mr. Padilla argued that the words "total human liberation", although beautiful words, are not understandable to the common man. He underscored education's primary purpose to inculcate moral values, expand the intellectual faculties for learning and for logical reasoning, and promote physical development for health.
In reply to Mr. Guingona's query whether he would also consider SOCIAL DEVELOPMENT, Mr. Padilla stated that social development would be the consequence of the development of moral, mental and physical faculties which makes one a useful citizen not only with nationalistic but patriotic sentiments. He stated that he prefers "patriotism" over "nationalism" because one may be nationalistic but not really patriotic while one who is patriotic will be nationalistic.
In reply to Mr. Bengzon's query whether "human development" means all what Mr. Padilla said, Mrs. Nieva stated that it includes all the faculties which make man human. She also affirmed that "human liberation" means liberation from ignorance and from poverty and that it is the modern way of expressing all virtues spoken of including those articulated by Mr. Padilla.
PROPOSED AMENDMENT OF MR. DE CASTRO
In reply to Mr. de Castro's query whether "human liberation and development" includes "patriotism", Mrs. Nieva answered in the affirmative, stating that a citizen who develops all that makes a good citizen must have love of country. She also affirmed that it includes nationalism, pride, identity, patriotism, and moral, mental and physical attributes.
However, on Mr. de Castro's observation that an enumeration of the virtues would merely be a repetition of the purposes of education, Mrs. Quesada volunteered the reply that highlighting the goals would stress the point that human liberation and development would lead to the improvement of the quality of life.
Additionally, on Mr. de Castro's observation that there would be redundancy in the enumeration, Mr. Gascon explained that the virtues enumerated have a social dimension expressed in man's love for himself and his country and for the development of his community through national identity and unity, leading towards the common societal goals of knowledge, equality, justice and freedom.
On whether Mrs. Nieva would accept Mr. Gascon's explanation which seemed to have expanded the concept, Mrs. Nieva stated that she found no contradiction therein.
On whether there is need to state the reasons for giving priority to education, Mr. Villacorta explained that Section 1 is an omnibus section.
Mr. de Castro noted that the enumeration might exclude other attributes because of the principle
inclusio unius est exclusio alterius. He proposed that Section 1 would read: THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS.
Mr. Guingona stated that in order to accommodate Mr. de Castro's concern, the enumeration contained therein shall not be construed as exclusive.
Mr. de Castro, however, manifested the information given by Mr. de los Reyes that the purposes mentioned in the section are already included in the Preamble and in the rights and obligations of citizens and, therefore, there would be no need for restating them in Section 1.
Submitted to a vote, and with 14 Members voting in favor, 17 against and one abstention, the amendment was lost.
INQUIRIES OF MR. SUAREZ
In reply to Mr. Suarez' inquiry on the relation of education, science and technology to the expansion of the frontiers of equality, justice and freedom, Mr. Bennagen explained that the three major divisions of knowledge are humanities, social sciences and natural sciences which function to expand the frontiers of human capability framed within an expanding nature of justice and freedom, for which reason, the concept of justice in a slave society is much different from one in a capitalist society. He stated that these sciences give dynamism to the idea of human liberation and development in a social context with the human being considered not just an individual but as a specie.
As to national unity, he stated that it expands one's social relationship from the individual, to the ethnic group and then to the nation. He stressed that this is an important framework which one may relate to local governments and the autonomous regions.
Anent the question of Mr. Suarez, Mr. Ople pointed out that education is always a quiet revolution in the sense that upon entry into the threshold of a public elementary school, the hitherto oppressed and submerged classes become equal with the rest of society. He stated that it expands the frontiers of equality, freedom, justice and knowledge, in view of which, he finds justification for the inclusion of the last clause in Section 1.
PROPOSED AMENDMENT OF MR. DAVIDE
In reply to Mr. Davide's query whether in accepting Mr. Ople's amendment to include QUALITY, it is the intention of the Committee to capture in Section 1 the sense of the Preamble, Mr. Villacorta stated that there was no such conscious attempt but that the Committee would like to construe it as such. Mr. Bennagen, moreover, pointed out that EQUALITY was included because in spite of a desire for a democratic character education, in terms of its level and potential, empirical studies show otherwise.
On the inclusion of TRUTH AND PEACE, Mr. Villacorta stated that knowledge is truth, therefore, the Committee would only accept PEACE.
Mr. Davide also proposed the following changes in Section 1:
1) On line 9, "for the purpose of fostering" to TO FOSTER;
2) On line 10, "enhancing" to ENHANCE; and
3) On line 11, "expanding" to EXPAND.
Mr. Villacorta accepted the amendments.
PROPOSED AMENDMENT OF MR. RODRIGO
Mr. Rodrigo proposed to delete the words "liberation and" from the phrase "total human liberation and development", so that it would read TOTAL HUMAN DEVELOPMENT.
Mr. Rodrigo explained that "liberation" has so broad a meaning that the ordinary people could not understand it, and it would be difficult to translate it in Pilipino.
Mr. Tingson then proposed to insert the word “harmonious” so that the phrase would read TOTAL HARMONIOUS HUMAN DEVELOPMENT.
He explained that there are criminals who are intelligent, but their intelligence should be harmoniously developed together with their moral and spiritual well-being.
Mr. Rodrigo accepted the amendment to his proposed amendment.
However, Mr. Padilla pointed out that "total harmonious human development" is as vague as "total human liberation and development".
Thereupon, he asked for a reconsideration of his previous proposal so that the phrase would read MORAL, MENTAL AND PHYSICAL DEVELOPMENT.
Mr. Garcia also objected to the proposed amendment of Mr. Rodrigo, as amended by Mr. Tingson. He opined that the original phrase "total human liberation and development" reflects the idea of liberative education more in the sense that people are able to participate in the effort to liberate them from ignorance, fear, want and poverty.
RESTATEMENT OF SECTION 1
At this juncture, on request of Ms. Aquino, Mr. Villacorta read Section 1, as amended, to wit:
SECTION 1. THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS TO FOSTER NATIONALISM, NATIONAL UNITY, TOTAL HUMAN LIBERATION AND DEVELOPMENT; ACCELERATE SOCIAL AND ECONOMIC PROGRESS; AND EXPAND THE FRONTIERS OF KNOWLEDGE, EQUALITY, JUSTICE, FREEDOM AND PEACE.
MOTION FOR RECONSIDERATION
Ms. Aquino moved for the reconsideration of the approval of Mr. de Castro's amendment.
She pointed out that although the Body had been liberal in accommodating certain concepts, the fixed principle of education is the acquisition of knowledge for freedom, which means discovery of truth but not freedom to commit mistakes.
Messrs. Laurel and Bernas seconded the motion.
SUSPENSION OF SESSION
At this juncture, the Chair suspended the session.
It was 12:30 p.m.
RESUMPTION OF SESSION
At 12:49 p.m., the session was resumed.
Upon resumption of session, Mr. Sarmiento moved that the session be suspended until two-thirty in the afternoon while the Committee was still formulating Section 1.
SUSPENSION OF SESSION
The Chair suspended the session until two-thirty in the afternoon.
It was 12:49 p.m.
RESUMPTION OF SESSION
At 3:17 p.m., the session was resumed.
Upon resumption of session, the Chair stated that the Body was discussing Section 1 when the session was suspended.
Mr. Sarmiento recalled that the Committee was in the process of reformulating Section 1 based on proposed amendments submitted by the Members.
At this juncture, Mr. Nolledo adverted to his reservation to interpellate on the subject of Arts and Culture. However, Mr. Sarmiento informed that the discussion would still be on Education and Language and that Science and Technology and Arts and Letters were reserved for the next session.
The Chair confirmed the understanding, to which Mr. Nolledo agreed.
At this juncture, Ms. Aquino requested Mr. Bengzon to clarify the parliamentary situation.
THE PARLIAMENTARY SITUATION
Responding thereto, Mr. Bengzon explained that when the Body suspended the session, the Members were asked to present their amendments for consideration of the Committee after which the Committee came out with a new Section 1 incorporating therein several amendments, among which was Mrs. Nieva's amendment. Thereafter, Mr. de Castro presented an amendment to place a period (.) after the word "sports" which was voted down and the Members continued presenting amendments, which expanded Section 1. It was at this point when Ms. Aquino, who voted with the majority that rejected Mr. de Castro's amendment, presented a motion for reconsideration. Mr. Bengzon stated that should this motion be approved, all the amendments accepted by the Committee would be set aside and Ms. Aquino could present her new set of amendments to expand Mr. de Castro's amendment.
On Ms. Aquino's query whether the approval of her motion would preclude her from introducing any further amendments after Mr. de Castro's amendment, Mr. Bengzon stated that Ms. Aquino would not be precluded from doing so precisely because of her motion for reconsideration which in effect would revive Mr. de Castro's amendment.
RULING OF THE CHAIR
The Chair ruled that inasmuch as the amendments of Ms. Aquino would be after Mr. de Castro's amendment, she is free to propose her amendments without necessarily presenting a motion for reconsideration.
Mr. Bengzon yielded to the Chair's ruling.
Ms. Aquino clarified that her amendment would delete all the amendments accepted by the Committee after the word "sports" and reopen the Section for new concepts, to which the Chair replied that this is the reason why she would be allowed to propose her amendments.
Mr. Rodrigo stated that should the Body approve the motion for reconsideration, Mr. de Castro's amendment would be revived but it would not necessarily mean that said amendment is approved. He stated that Ms. Aquino could propose an amendment to Mr. de Castro's amendment, after which the Body would vote again on the amendment, as amended. He stated that Ms. Aquino, having voted with the majority, is qualified to ask for a reconsideration.
Mr. Rigos opined that it would not be necessary for Ms. Aquino to move for a reconsideration because she could just proceed and present her own amendments, to which the Chair agreed.
On Mr. Rodrigo's contention that Ms. Aquino should first withdraw her motion for reconsideration, the Chair stated that the motion was out of order. The Chair then asked Mr. Rodrigo if he wanted to appeal from the ruling.
Mr. Rodrigo stated that he would not appeal but would only want to state that Ms. Aquino was entitled to move for a reconsideration because she voted with the majority.
Mr. Bengzon raised a point of order on the ground that the Body had already submitted to the ruling of the Chair.
On Mr. de Castro's query whether she was withdrawing her motion for reconsideration, Ms. Aquino stated that she was submitting to the ruling of the Chair.
At this juncture, in reply to Mr. de Castro's observation that a Member who voted with the majority was moving for reconsideration, the Chair stated that Ms. Aquino's amendment was not an amendment to Mr. de Castro's amendment.
Mr. de Castro yielded to the Chair's ruling.
WITHDRAWAL OF MOTION FOR RECONSIDERATION
Thereupon, Ms. Aquino manifested that comformably with the ruling of the Chair, she was withdrawing her motion for reconsideration, in lieu of which she would present an amendment by substitution.
The Chair requested Ms. Aquino to proceed.
RESTATEMENT OF SECTION 1, AS AMENDED
Upon request of Mr. de los Reyes, Mr. Villacorta restated Section 1, as amended, to wit:
THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS TO FOSTER NATIONALISM TOTAL HUMAN LIBERATION AND DEVELOPMENT ACCELERATE SOCIAL AND ECONOMIC PROGRESS AND EXPAND THE FRONTERS OF KNOWLEDGE, EQUALITY, JUSTICE, FREEDOM AND PEACE.
PROPOSED AMENDMENT OF MS. AQUINO
Ms. Aquino proposed to insert after "sports" the. clause TO FOSTER NATIONALISM AND PROMOTE TOTAL HUMAN DEVELOPMENT and a period (.), so that Section 1 would read:
THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS TO FOSTER NATIONALISM AND PROMOTE TOTAL HUMAN DEVELOPMENT.
MR. OPLE'S REMARKS
Mr. Ople suggested that a linkage to social and economic progress be retained elsewhere in the draft Article to underscore the call for a higher priority to improve the quality of the human population and accelerate social and economic progress. He opined that this is the context in which the Body sought to give higher priority for education and the related fields. He stated that while he agrees to abbreviating the Section, it should not be at the expense of the strongest budgetary argument for a priority for education by linking it to the improvement of the quality of the human population by way of accelerating social and economic progress.
COMMITTEE AMENDMENT TO MS. AQUINO'S AMENDMENT
Mr. Villacorta, on behalf of the Committee, proposed an amendment to Ms. Aquino's amendment so that Section 1 would read: THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS TO FOSTER NATIONALISM, ACCELERATE ECONOMIC AND SOCIAL PROGRESS AND PROMOTE TOTAL HUMAN LIBERATION AND DEVELOPMENT.
Ms. Aquino accepted the amendment to her amendment and manifested that her amendment was coauthored by President Muñoz-Palma, Messrs. Monsod, Guingona and Bengzon and Mrs. Nieva.
On Ms. Aquino's query as to what makes total human liberation distinct and different from total human development, Mr. Villacorta explained that liberation is more than development because it refers to liberating one's self from evil, want, greed and other negative forces of society as a prerequisite to development.
Ms. Aquino stated that if this relates to the concept of universal emancipation, it would essentially be the proper focus of total human development. She expressed her reservations by stating that the concept of human liberation is very theological and she doubted its acceptability in jurisprudence and law.
In reply, Mr. Villacorta stated that this is not mainly a theological concept and that it is used by the United Nations in many of its documents and by the Vatican not only in its theological documents but even in its social pronouncements.
Ms. Aquino then inquired whether the Committee would agree to resolving the intent of the amendment in favor of settled and common usage which is "human development".
Ms. Tan expressed disagreement by stating that development is a prerequisite to liberation which is the goal of everyone to be free from the burden of evil, greed, sloth, hunger and want. She maintained that the word is not theological but sociological which is why even the Pope made use of theology of liberation. She stated that "development" alone connotes dependence, colonialism and parasitism and, sociologically, a negative word.
Ms. Aquino pointed out that while she takes no exception to human liberation as a universal desire, a little measure of mental discipline is needed since the Body is concerned with education, science and technology and arts and culture. Mr. Villacorta stressed that these areas of concern include human liberation as one of its goals which is indicated in the later parts of the draft Article.
Mr. Garcia stated that liberating education frees both the teacher and the student because it allows them to be co-participants in the common search for truth. In the context of the classroom situation, he stated that the class becomes an experience and a meeting place where knowledge is sought and not where it is transmitted, such that both partners are liberated as they begin to learn. He stressed that what is essential in this experience is the ability to dialogue, to have a real exchange of ideas and options, to reflect and act in order to transform. He further stated that liberating education demands that people should be willing participants in the dialogue on authentic subjects and be equally capable of writing their own history. Finally, he stated that total human liberation, in its global context and in the context of education, means the freeing of resources of the human person which education precisely provides.
Mrs. Quesada stated that the Committee decided to delete some of the terms in Section 1 on the understanding that "total human liberation and development" would encompass such values as equality, justice, freedom and peace.
MR. RODRIGO'S AMENDMENT TO THE AMENDMENT
Mr. Rodrigo proposed the deletion of the words "liberation and".
Mr. Gascon asked that the proposed amendment be put to a vote considering that this had already been extensively discussed. He noted that the word "harmonious" had not been included.
Mr. Tingson, as the proponent of the word "harmonious", withdrew said amendment and endorsed Mr. Rodrigo's proposed amendment on the understanding that human development would cover the meaning he had in mind.
REMARKS OF MR. DE CASTRO
Relative to the goal of accelerating economic and social progress contained in the proposed amendment, Mr. de Castro stated that this is amply covered in the Committee Report on the proposed Article on the Declaration of Principles, specifically on Sections 5, 7, 8 and 10. For this reason, he stated that repetitions would not be necessary.
MR. TADEO'S PROPOSED AMENDMENT
At this juncture, Mr. Tadeo pointed out that "economic" could be deleted because it is deemed included in the word "social" which encompasses the political, economic and cultural aspects.
In reply thereto, Mr. Gascon stated that the proposed amendment would be considered after the Body has decided on Mr. Rodrigo's proposal.
Thereupon, Mr. Ople opined that although some of the concepts appear in the Declaration of Principles, the words and terms could develop new meanings when placed in different juxtapositions to emphasize certain jugular links between objectives and, therefore, the Committee's version is not superfluous nor redundant. He agreed, however, with Mr. Tadeo's observation that "economic" could be deleted because it is deemed included in the word "social".
MR. PADILLA'S PROPOSED AMENDMENT
Mr. Padilla pointed out that Mr. Romulo had previously stressed the word "knowledge" which the Committee failed to mention in the revised formulation. He added that he proposed that education should be the moral, mental and physical development of students but the Committee opted to use the phrase "foster nationalism".
He then proposed to substitute "nationalism" with PATRIOTISM since it is the highest virtue of citizenship, to place a period (.) after "sports" and to add THE GOALS OR THE OBJECTIVES OF EDUCATION ARE TO IMPART KNOWLEDGE, TO FOSTER MORAL, MENTAL AND PHYSICAL DEVELOPMENT, TO FOSTER OR INSTILL PATRIOTISM . . .
POINT OF ORDER
At this juncture, Mr. Bengzon raised a point of order on the ground that the Body should vote on Mr. Rodrigo's proposal first before considering any other amendments.
Mr. Padilla maintained that his proposal is a prior amendment.
Mr. Bengzon, however, pointed out that what was first presented for consideration to the Body was Mr. Rodrigo's proposal.
Reacting thereto, Mr. Gascon explained that Ms. Aquino accepted the Committee's proposal which is to include TO FOSTER NATIONALISM AND PROVIDE TOTAL HUMAN LIBERATION AND DEVELOPMENT but with certain reservations on the word "liberation". He added that this led to Mr. Rodrigo's proposal to delete the words "liberation and".
Mr. Rodrigo stated that the parliamentary situation obtaining is voting on his proposal because Ms. Aquino proposed an amendment to which the Committee offered an amendment which she rejected. He added that he then proposed an amendment to the Committee's proposal which is pending before the Body.
Ms. Aquino manifested her acceptance of the Committee's amendment but left Mr. Rodrigo's proposal to the decision of the Body.
INQUIRY OF MR. DAVIDE
At this juncture, Mr. Davide inquired 1) whether it would be proper for the Committee to offer its own recommendation by way of an amendment to an individual amendment; and 2) whether Mr. Rodrigo's amendment is proper since it partakes of a third degree amendment.
Mr. Villacorta replied that the original Committee recommendation which was presented in the morning session included the phrase "expanding the frontiers of knowledge, equality, justice, freedom and peace" which was deleted because it is already included in the phrase "total human liberation and development".
Mr. Davide opined that since the Committee modified its own proposal, then, such modification should first be presented to the Body for approval.
The Chair agreed, since the Body could not delete a word from a Section that has not even been acted upon.
SUSPENSION OF SESSION
Upon request of Mr. Suarez, the Chair suspended the session.
It was 4:00 p.m.
RESUMPTION OF SESSION
At 4:10 p.m., the session was resumed.
Upon resumption of session, Mr. Sarmiento read the Committee amendment as follows:
THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS TO FOSTER NATIONALISM, ACCELERATE ECONOMIC AND SOCIAL PROGRESS AND PROMOTE TOTAL HUMAN LIBERATION AND DEVELOPMENT.
He added that pending before the Body is Mr. Rodrigo's proposal to delete "liberation and".
Mr. Villacorta asked for a vote on the proposal.
Mr. Rodrigo requested the Chair to allow the other Members in the lounge to participate in the voting.
INQUIRY OF MR. RAMA
At this juncture, Mr. Rama inquired whether "liberation" includes the concept of liberation theology, to which Mrs. Rosario Braid replied that the term "liberation" is much broader.
In addition thereto, Mr. Gascon stated that the Committee did not consider the theology of liberation when it discussed the concept of human liberation.
Mr. Rigos also adverted to Ms. Tan's statement that the phrase does not include the theology of liberation. He opined that even if it is included there is nothing to be ashamed of, since it is a good theology if understood in its proper context. However, he assured Mr. Rama that it is not included.
Mr. Rama pointed out that he merely wanted to seek clarification because a member of the Committee quoted the Pope, who is not in favor of liberation theology, with respect to the new concept of education.
Replying thereto, Mr. Villacorta denied that he quoted the Pope.
Mr. Gascon explained that the Committee mentioned that the term “liberation” is being used in United Nations documents, in socio-pastoral letters and others, and it is not a theological term but a sociological one as explained by Ms. Tan.
Mr. Gascon agreed with Mr. Abubakar that since the Constitution would be applied to all Filipinos who have different religious inclinations, the term should be understood in its universal sense without considering its religious connotation.
Mr. Tingson stated that an in-depth study by the different seminaries in America shows that theology of liberation is a controversial subject as both liberal and conservative factions oppose it violently as it implies some political undertones. He suggested avoiding the use of controversial words and phrases in the Constitution so that the common man may understand it.
Mrs. Nieva stressed human liberation and development as a goal for people to be liberated from all kinds of oppression, suffering and inequality.
Mr. Gascon stated that the term is accepted by the secular and it is not ecclesiastic.
Mrs. Rosario Braid added that it appears in many United Nations documents.
VOTING ON MR. RODRIGO'S
PROPOSED AMENDMENT
At this juncture, Mr. Sarmiento stated that the Body was ready to vote on Mr. Rodrigo's amendment to delete the words "liberation and".
Thereupon, submitted to a vote, and with 15 Members voting in favor, 17 against and 1 abstention, the amendment was lost.
RESTATEMENT OF SECTION 1
Upon request of Mr. Sarmiento, Mr. Villacorta read Section 1, as follows: THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS TO FOSTER NATIONALISM, ACCELERATE SOCIAL AND ECONOMIC PROGRESS AND PROMOTE TOTAL HUMAN LIBERATION AND DEVELOPMENT.
AMENDMENT OF MR. OPLE
As proposed by Mr. Ople and accepted by the Sponsor, the Body approved the amendment to change the phrase "social and economic progress" to SOCIAL PROGRESS.
AMENDMENT OF MR. PADILLA
AS MODIFIED BY MR. DAVIDE
Mr. Padilla proposed to substitute "nationalism" with PATRIOTISM.
The Sponsor did not accept the amendment.
Thereupon, Mr. Padilla explained that he does not believe that nationalism is a higher virtue than patriotism. He maintained that patriotism is the highest virtue of a citizen.
Mr. de Castro pointed out that "nationalism" also appears in Section 2(a). Mrs. Rosario Braid stated that the Committee would agree to its deletion should the Body decide to delete it in Section 1. Thereupon, Mr. de Castro expressed support for Mr. Padilla's amendment, by expressing preference for "patriotism" as a better and broader term than "nationalism".
Mr. Sarmiento objected to Mr. Padilla's proposed amendment, stating that in line with the definitions given by Senators Diokno and Recto, "nationalism" means more than "patriotism".
Mr. Davide suggested a modification of Mr. Padilla's amendment by proposing to incorporate both "patriotism" and "nationalism", to which Mr. Padilla agreed on condition that "patriotism" precedes "nationalism".
The Committee accepted the amendment, as modified, which, there being no objection, was approved by the Body.
APPROVAL OF SECTION 1, AS AMENDED
Thereafter, upon suggestion of Mr. Sarmiento, Mr. Villacorta read Section 1, as follows: THE STATE SHALL GIVE PRIORITY TO EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS TO FOSTER PATRIOTISM AND NATIONALISM, ACCELERATE SOCIAL PROGRESS AND PROMOTE TOTAL HUMAN LIBERATION AND DEVELOPMENT.
Submitted to a vote, and with 30 Members voting in favor, 2 against and 2 abstentions, Section 1, as amended, was approved by the Body.
AMENDMENT OF MR. PADILLA
As proposed by Mr. Padilla and accepted by the Committee, the Body approved the change of the phrase ARTS AND CULTURE in the heading to ARTS, CULTURE AND SPORTS.
AMENDMENT OF MR. DAVIDE
Mr. Davide proposed to reword Section 1(a), to read: THE STATE SHALL PROTECT AND PROMOTE THE RIGHT OF ALL CITIZENS TO QUALITY EDUCATION AND SHALL ENSURE EQUAL ACCESS AND OPPORTUNITY TO IT.
In reply to Mr. Gascon's query, Mr. Davide gave assurance that the rewording would not diminish the basic principle that education is a right of every citizen.
Upon inquiry of Mr. Suarez, Mr. Davide also affirmed that the amendment merged subsections (a) and (c).
Mr. Villacorta accepted the amendment, with Mr. Gascon adding that the acceptance was on the understanding that it would not diminish the basic right of every citizen to education.
Mr. Gascon manifested that Mr. Monsod had a similar amendment, in view of which Mrs. Rosario Braid manifested Mr. Monsod's coauthorship of the amendment.
Mr. Padilla proposed to delete "quality" for the reason that Section 1 already contained all the goals of education. Mr. Bernas, however, argued for its retention to emphasize that the State should take an active part in improving substandard schools. He also noted that "access" implies not only the goal for quality education but also equity in education.
Mr. Davide did not accept the proposed amendment, pointing out that the Committee had already adopted the concept in Section 1(c). He also agreed with Mr. Ople's observation that the merger of Section 1(c) with the omnibus section would guarantee that equal access to quality education would not be a mere statement of goal but a goal which should be pursued and implemented.
In reply to Mr. Ople's apprehension that many people would be frustrated in the event the State fails to give quality education due to lack of funds, Mr. Guingona stated that the provision envisions that the Ministry of Education, Culture and Sports (MECS) would set up the minimum requirements, the attainment of which would already be considered within the framework of providing quality education.
On whether the government would close down the 2,500 barangay high schools for being grossly substandard as evidenced by the fact that 7% of their graduates flunked the National College Entrance Examination (NCEE), Mr. Villacorta explained that the intention of the Committee is to improve the standards of such schools.
Mr. Ople further stated that said barangay high schools should be retained and improved instead of closing them down just because they are diploma mills and most of their students were failing the National College Entrance Examination. He pointed out that a constitutional guarantee for equal access to quality education should rather be formulated to fulfill the standard of intellectual honesty which is likewise guaranteed under the Constitution.
Reacting thereto, Mr. Davide stated that the government should not be blamed for such poor performance of students in said barangay high schools. He pointed out that the problem concerned the inadequate compensation for teachers which had not attracted quality teachers to accept employment in such barangay high schools. He opined that with the provision on special attention to teachers, there could be good teachers who could improve the quality of education as an objective or goal of the Constitution.
He stressed that aspiring for greater goal would not be committing mental dishonesty.
Mr. Ople, however, explained that he was not questioning the effort to provide for an aspiration or goal, but that he was challenging the unqualified guarantee of equal access to quality education.
Mr. Davide contended that even the Education Act of 1982 guarantees equal opportunity and access to education.
Additionally, Mr. Guingona pointed out that the inclusion of the word "quality" would mandate the State to improve the barangay high schools. He also reiterated the statement of Minister Quisumbing that free secondary education may be implemented considering that the present inability of the government to provide the same would be temporary.
Mr. Ople, however, assured Mr. Davide that a proposal would be presented on Section 5 to provide for a more concrete guarantee that education would be the highest budgetary priority in order to ensure the payment of quality teachers.
He proposed that Mr. Davide's amendment be transformed into a provision of goal or aspiration in order not to raise false hopes and expectations.
MR. PADILLA'S AMENDMENT TO THE AMENDMENT
In this connection, Mr. Padilla pointed out that meeting the minimum requirement would not mean quality education and that schools which may not comply with such minimum requirements should not be allowed to operate if only to improve the quality of education. He stated, however, that there could be no guarantee on the right of all citizens to quality education.
Considering that Mr. Davide was not accepting his proposed amendment to the amendment, Mr. Padilla then proposed the following sentence: THE STATE SHALL PROTECT THE RIGHT OF ALL CITIZENS TO EDUCATION AND ENDEAVOR TO PROMOTE QUALITY EDUCATION.
REMARKS OF MR. MAAMBONG
Thereupon, on the question of whether quality education should be guaranteed or should remain as a goal or aspiration, Mr. Maambong pointed out that under Republic Act No. 1124, the National Board of Education (NBE) had been directed to ensure the continual upgrading of the quality of education, but there was no guarantee that quality education would be given; therefore, it was merely a goal or aspiration.
Replying thereto, Mrs. Rosario Braid stated that the National Board of Education was abolished by the Education Act of 1982 and had been superseded by another body created by the Ministry of Education, Culture and Sports, to which Mr. Maambong argued that as far as he could recall, the National Board of Education has not yet been abolished. He underscored, however, that all that he was pointing out was that Republic Act No. 1124 did not indicate any guarantee for quality education, but only stated the procedures and requirements to ensure the continual upgrading of the quality of education, the nationalization of institutional growth, and the democratization of access to education. He further stated that he was just supporting the views of Messrs. Padilla and Ople that it would be dangerous to ensure quality education but it would be safer to just provide the goals of quality education.
Mr. Guingona informed Mr. Maambong that the National Board of Education was already abolished by the Education Act of 1982 and a Board of Higher Education was subsequently created. He added that Section 4 thereof provides for higher education which is geared towards better quality education, in reply to which Mr. Maambong stressed that precisely it is a mere aspiration but not a direct mandate on the Board of Higher Education.
ADJOURNMENT OF SESSION
Thereafter, pursuant to Mr. Davide's suggestion to continue the discussion of his amendment in the next session, and due to the inclement weather, on motion of Mr. Sarmiento, there being no objection, the Chair declared the session adjourned until nine-thirty in the morning of the following day.
It was 5:00 p.m.
I hereby certify to the correctness of the foregoing.
(SGD.) FLERIDA RUTH P. ROMERO
Secretary-GeneralATTESTED:
(SGD.) CECILIA MUĂ‘OZ PALMA
PresidentApproved on September 3, 1986
