VOL. I, June 13, 1986

[ VOL. I, June 13, 1986 ]

JOURNAL NO. 9

Friday, June 13, 1986

CALL TO ORDER

At 9:30 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. Lino O. Brocka, to wit:

Panginoon, Ikaw ang nagsabing: "Ano man ang gawin ninyo para sa pinaka-aba sa Aking mga kapatid ay ginawa ninyo para sa Akin."

Ituro Mo po sa amin ang tamang landas upang matulungan ang pinaka-aba sa Iyong mga kapatid dito sa aming bayan. Kay tagal nilang nagdusa sa ilalim ng isang diktadura; kay tagal nilang tiniis ang tanikala ng pang-aapi at pagsasamantala.

Panginoon, bigyan Mo po kami ng ugat upang hindi kami malayo sa tunay na kalagayan ng sambayanang Pilipino. Higit sa lahat, bigyan Mo po kami ng bagwis upang matapos namin sa lalong madaling panahon ang tungkuling iniatas sa amin — ang tungkuling bigyang lunas ang paghihirap ng sambayanan di lamang sa langit, kundi lalong higit dito sa lupa.

Siya nawa.

ROLL CALL

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

Aquino, F. S. Laurel, J. B.

Bengzon, J. F. S. Lerum, E. R.

Bennagen, P. L. Monsod, C. S.

Bernas, J. G. Nieva, M. T. F.

Rosario Braid, F. Nolledo, J. N.

Brocka, L. O. Ople, B. F.

Calderon, J. D. Padilla, A. B.

De Castro, C. M. Muñoz Palma, C.

Colayco, J. C. Quesada, M. L. M.

Concepcion, R. R. Rama, N. G.

Davide, H. G. Regalado, F. D.

Foz, V. B. De los Reyes, R. F.

Garcia, E. G. Rigos, C. A.

Guingona, S. V. C. Rodrigo, F. A.

Romulo, R. J. Tingson, G. J.

Sarmiento, R. V. Treñas, E. B

Suarez, J. E. Villacorta, W. V.

Sumulong, L. M. Villegas, B. M.

With 37 Members present, the Chair declared the presence of a quorum.

The following Members appeared after the Roll Call:

Abubakar, Y. R. Natividad, T. C.

Azcuna, A. S. Tadeo, J. S. L.

Gascon, J. L. M. C. Uka, L. L

Maambong, R. E.

The following Members were absent:

Alonto, A. D. Jamir, A. M. K

Bacani, T. C. Rosales, D, R.

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 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. 92, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION WHICH PROHIBITS CONGRESS TO DEFINE, PRESCRIBE AND APPORTION THE JURISDICTION OF INFERIOR COURTS WITHOUT THE PRIOR RECOMMENDATION OF THE SUPREME COURT

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON THE LEGISLATIVE

Proposed Resolution No. 93, entitled:

RESOLUTION PROPOSING TO LIMIT THE AREA OF PRIVATE AGRICULTURAL LAND THAT MAY BE ACQUIRED BY NATURALIZED FILIPINO CITIZENS AND PROVIDING FOR THE ESCHEAT OF ANY HELD IN EXCESS OF THE LIMITATION

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON SOCIAL JUSTICE AND SOCIAL SERVICES

Proposed Resolution No. 94, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION PROVIDING COMPENSATION FOR LOSS OF TIME AND INCOME TO AN ACCUSED WHO IS DETAINED DURING THE PENDENCY OF A CASE EITHER BECAUSE OF THE UNBAILABILITY OF THE OFFENSE CHARGED OR FOR FAILURE TO PUT UP BAIL BY REASON OF POVERTY BUT IS ACQUITTED AFTER TRIAL OR RELEASED BY THE DISMISSAL OF THE CASE FOR CAUSES NOT ATTRIBUTABLE TO HIM

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS Proposed Resolution No. 95, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION EXPANDING THE SCOPE OF THE PROHIBITION ON DOUBLE COMPENSATION SUCH AS ALLOWANCES, PER DIEMS AND REPRESENTATION EXPENSES AS WELL AS COMPENSATION FOR ANOTHER BUT COMPATIBLE OFFICE

Introduced by Honorable Davide, Jr.

TO THE COMMITTEE ON GENERAL PROVISIONS Proposed Resolution No. 96, entitle:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION WHICH SEEKS TO HASTEN THE INTEGRATION OF THE CULTURAL COMMUNITIES OF THE COUNTRY

Introduced by Honorable Davide, Jr. Proposed Resolution No. 97, entitled:

RESOLUTION TO ADD A NINTH RAY TO THE SUN OF THE PHILIPPINE NATIONAL FLAG

Introduced by Honorable Rigos

TO THE COMMITTEE ON GENERAL PROVISIONS Proposed Resolution No. 98, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION LIMITING THE SUSPENSION OF THE WRIT OF HABEAS CORPUS BY THE PRESIDENT TO THIRTY (30) DAYS ONLY

Introduced by Honorable Bengzon, Jr.

TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS Proposed Resolution No. 99, entitled:

RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION THE ENTIRE ARTICLE VI OF THE 1973 CONSTITUTION

Introduced by Honorable Bengzon, Jr.

TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS Proposed Resolution No. 100, entitled:

RESOLUTION URGING THE CONSTITUTIONAL COMMISSION TO LOOK INTO THE ISSUES AFFECTING THE URBAN POOR

Introduced by Honorable Gascon and Garcia

TO THE COMMITTEE ON SOCIAL JUSTICE AND SOCIAL SERVICES

COMMUNICATIONS

Communication No. 8 — Constitutional Commission of 1986

Letter from Mr. Amado S. Tolentino, Jr., of the National Environmental Protection Council attaching a draft resolution proposing a constitutional provision on environmental protection.

TO THE COMMITTEE ON NATIONAL ECONOMY AND PATRIMONY Communication No. 9 — Constitutional Commission of 1986

Communication from Mr. Nicolas Balioza of Tagum, Davao del Norte, proposing a federal presidential form of government.

TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY AND DECLARATION OF PRINCIPLES Communication No. 10 — Constitutional Commission of 1986

Letter from Mr. Augusto A. Abadesco of 4012-E Dangal St., Sta. Mesa, Manila, proposing the incorporation in the constitution of provisions on government service, expenditures and enterprises, election of government officials; the armed forces; socio-economic democratization, and land reform.

TO THE STEERING COMMITTEE Communication No. 11 — Constitutional Commission of 1986

Communication from Mr. Conrado A. Estuart, City Secretary of Davao City, transmitting the proposals of Mr. Jose T. Rafael of Mandaue City on electoral reforms.

TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES SUSPENSION OF SESSION

At this juncture, on motion of Mr. Rama, the session was suspended.

It was 9:40 a.m.

RESUMPTION OF SESSION

At 9:47 a.m., the session was resumed.

MOTION TO ADJOURN

Mr. Rama moved for the adjournment of the session until three o'clock in the afternoon of Monday, June 16, 1986, to enable the Body to go into caucus to discuss the agenda prepared by the Ad Hoc Planning Committee on the conduct of public hearings. He stated that the agenda would include the approval of the major issues, the programs, the sites and the preferences of individual Members regarding public hearings.

On the statement of the Chair regarding Proposed Resolution No. 72 which appears in the Calendar for Third Reading, Mr. Rama stated that under the Rules, a one-day notice is required after distribution before a resolution could be taken up on Third Reading.

ADJOURNMENT OF SESSION

Thereupon, Mr. Rama reiterated his motion to adjourn, and, there being no objection, the Chair declared the session adjourned until three o'clock in the afternoon of Monday, June 16, 1986.

It was 9:49 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 16, 1986