Vous êtes sur la page 1sur 15

June 26, 1986

JOURNAL NO. 18

Thursday, June 26, 1986


CALL TO ORDER
At 5:19 p.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. Jose Luis Martin
C. Gascon, to wit:
Isang Pagbasa mula sa Ebanghelyo ni San Lukas:
At sinabi ni Maria: "Ang puso ko'y nagpupuri sa Panginoon at nagagalak ang
aking espiritu dahil sa Diyos na aking Tagapagligtas sapagkat nilingap Niya ang
Kaniyang abang alipin, at mula ngayon, ako ay tatawaging mapalad ng lahat ng
saling-lahi. Dahil sa mga dakilang bagay na ginawa sa akin ng
Maykapangyarihan, banal ang Kaniyang pangalan. Kinahahabagan Niya ang
mga may takot sa Kaniya sa lahat ng saling-lahi. Ipinakita Niya ang lakas ng
Kaniyang mga bisig; ipinangalat Niya ang mga palalo ang isipan; ibinagsak Niya
ang mga hari mula sa kanilang trono at itinaas ang mga nasa abang kalagayan;
binusog Niya ng mabubuting bagay ang mga nagugutom, at pinalayas Niya nang
wala ni anuman ang mayayaman; tinulungan Niya ang Kaniyang bayang Israel
bilang pagtupad sa pangako Niya sa ating mga magulang, kay Abraham at sa
kaniyang saling-lahi magpakailanman."

Amang mapagmahal at mapagpalaya, sa araw na ito ay inaalay namin ang


aming sarili, ang aming kahinaan at kalakasan. Gabayan Mo kami sa aming
pagkukulang at tulungan Mo kami upang patuloy naming isulong ang sandigan
at mithiin ng aming sambayanan ang isang malayang lipunan, upang
makayanan naming ialay ang aming sarili sa pagbuo ng tunay na maka-Pilipino
at maka-Diyos na pamayanan na nakatimo sa kalayaan, katarungan,
katotohanan at pag-ibig.

Amen.

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

Abubakar, Y. R. Nieva, M. T. F.
Alonto, A. D. Nolledo, J. N.
Aquino, F. S. Ople, B. F.
Azcuna, A. D. Padilla, A. B.
Bacani, T. C. Muñoz Palma, C.
Bengzon, J. F. S. Quesada, M. L. M.
Bennagen, P. L. Rama, N. G.
Bernas, J. G. Regalado, F. D.
Rosario Braid, F. De los Reyes, R. F.
Brocka, L. O. Rigos, C. A.
Calderon, A. D. Rodrigo, F. A.
CD Technologies Asia, Inc. 2016 cdasiaonline.com
De Castro, C. M. Romulo, R. J.
Colayco, J. C. Rosales, D. R.
Concepcion, R. R. Sarmiento, R. V.
Davide, H. G. Suarez, J. R.
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. Treñas, E. B.
Lerum, E. R. 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.


Mr. Natividad appeared after the Roll Call.
Mr. Laurel was 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 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 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. 274, entitled:
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTITUTION SECTIONS THREE
AND FOUR, ARTICLE FOUR, OF THE 1973 CONSTITUTION WITH MODIFICATION TO
MAKE THE PROTECTION MORE EFFECTIVE
Introduced by Honorable Treñas
TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS
AND OBLIGATIONS AND HUMAN RIGHTS
Proposed Resolution No. 275, entitled:
RESOLUTION TO INCLUDE IN THE PROPOSED CONSTITUTION SECTION ELEVEN
PARAGRAPH (1) ARTICLE X OF THE 1973 CONSTITUTION WITH MODIFICATIONS AND
WITH AN ADDITIONAL PARAGRAPH TO FURTHER STRENGTHEN THE COMPULSORY
CHARACTER OF SAID PROVISION
Introduced by Honorable Treñas, Colayco, Romulo and Suarez
TO THE COMMITTEE ON THE JUDICIARY
Proposed Resolution No. 276, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION FOR
A NATIONALIST, SCIENTIFIC AND PEOPLE-ORIENTED EDUCATION cdasia

Introduced by Honorable Quesada


CD Technologies Asia, Inc. 2016 cdasiaonline.com
TO THE COMMITTEE ON HUMAN RESOURCES
Proposed Resolution No. 277, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION ON
A NATIONAL HEALTH POLICY FOR A COMPREHENSIVE HEALTH CARE DELIVERY
SYSTEM FOR THE ENTIRE COUNTRY
Introduced by Honorable Quesada, Suarez and Sarmiento
TO THE COMMITTEE ON SOCIAL JUSTICE
Proposed Resolution No. 278, entitled:
RESOLUTION TO PROVIDE IN THE GENERAL PROVISIONS OF THE
CONSTITUTION THAT THE STATE SHALL NOT INTERFERE WITH THE RIGHT OF EVERY
CITIZEN TO SELECT HIS PROFESSION OR COURSES OF STUDY
Introduced by Honorable Nolledo and Sarmiento
TO THE COMMITTEE ON HUMAN RESOURCES
Proposed Resolution No. 279, entitled:
RESOLUTION TO PROVIDE IN THE NEW CONSTITUTION THAT THE STATE
SHALL FOSTER AND PROMOTE THE ESTABLISHMENT OF COOPERATIVES AND
SUPPORTING SERVICES ALL OVER THE COUNTRY ESPECIALLY IN THE RURAL AREAS
Introduced by Honorable Nolledo
TO THE COMMITTEE ON SOCIAL JUSTICE
Proposed Resolution No. 280, entitled:
RESOLUTION TO STRENGTHEN, INVIGORATE AND CONSTITUTIONALIZE THE
OMBUDSMAN KNOWN AS THE TANODBAYAN
Introduced by Honorable Nolledo
TO THE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS
Proposed Resolution No. 281, entitled:
RESOLUTION FLYING THE PERIOD WITHIN WHICH THE CIVIL SERVICE
COMMISSION SHALL DECIDE CASES BROUGHT BEFORE IT AND PROVIDING FOR
APPEALS THEREFROM TO THE SUPREME COURT
Introduced by Honorable Davide, Jr.
TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES
Proposed Resolution No. 282, entitled:
RESOLUTION AUTHORIZING APPEALS ON QUESTIONS OF FACT FROM
DECISIONS, ORDERS OR RULINGS OF THE COMMISSION ON AUDIT
Introduced by Honorable Davide, Jr.
TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES
Proposed Resolution No. 283, entitled:
RESOLUTION TO FURTHER STRENGTHEN THE CONSTITUTIONAL
COMMISSIONS BY EXPANDING THE SCOPE OF THE PROHIBITION ON MEMBERS
THEREOF TO BE FINANCIALLY INTERESTED DIRECTLY OR INDIRECTLY IN ANY
CONTRACT WITH, OR IN ANY FRANCHISE OR PRIVILEGE GRANTED BY THE
GOVERNMENT
Introduced by Honorable Davide, Jr.
CD Technologies Asia, Inc. 2016 cdasiaonline.com
TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES
Proposed Resolution No. 284, entitled:
RESOLUTION AUTHORIZING APPEALS ON QUESTIONS OF FACT FROM
DECISIONS OF THE COMMISSION ON ELECTIONS
Introduced by Honorable Davide, Jr.
TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES
Proposed Resolution No. 285, entitled:
RESOLUTION TO PROHIBIT CERTAIN PUBLIC OFFICIALS, FROM RUNNING IN
THE FIRST NATIONAL AND LOCAL ELECTIONS AFTER THE RATIFICATION OF THE NEW
CONSTITUTION
Introduced by Honorable Suarez and Jamir
TO THE COMMITTEE ON AMENDMENTS AND TRANSITORY PROVISIONS
Proposed Resolution No. 286, entitled:
RESOLUTION TO PROVIDE IN THE CONSTITUTION OF 1986 FOR THE
DEVELOPMENT AND FORMAL ADOPTION OF A COMMON NATIONAL LANGUAGE TO
BE KNOWN AS FILIPINO; THE CREATION OF AN 11-MEMBER COMMISSION ON
NATIONAL LANGUAGE AND INTERNATIONAL LANGUAGE; AND PRESCRIBING THE
OFFICIAL LANGUAGES
Introduced by Honorable Uka, Alonto and Abubakar
TO THE COMMITTEE ON HUMAN RESOURCES
Proposed Resolution No. 287, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION ON
THE CITIZENS’ RIGHTS, AND DUTIES TO HEALTH
Introduced by Honorable Quesada and Suarez
TO THE COMMITTEE ON CITIZENSHIP, BILL OF RIGHTS, POLITICAL RIGHTS
AND OBLIGATIONS AND HUMAN RIGHTS cdtai

Proposed Resolution No. 288, entitled:


RESOLUTION PROVIDING IN THE NEW CONSTITUTION THAT THE STATE SHALL
RECOGNIZE THE PRIMACY OF LABOR OVER CAPITAL IN THE REGULATION OF THE
ECONOMY
Introduced by Honorable Bacani
TO THE COMMITTEE ON NATIONAL ECONOMY AND PATRIMONY
Proposed Resolution No. 289, entitled:
RESOLUTION PROVIDING IN THE NEW CONSTITUTION THE TEACHING OF
RELIGION IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS UNDER CERTAIN
CONDITIONS
Introduced by Honorable Bacani
TO THE COMMITTEE ON HUMAN RESOURCES
Proposed Resolution No. 290, entitled:
RESOLUTION LIMITING THE PROHIBITION FOR LEGISLATORS TO APPEAR AS
COUNSEL TO COURTS INFERIOR TO COLLEGIATE COURTS OF APPELLATE
JURISDICTION AND MAKING SUCH PROHIBITION APPLICABLE TO THEIR FIRM
PARTNERS OR ASSOCIATES BUT ALLOWING THEM AND SUCH PARTNERS OR
CD Technologies Asia, Inc. 2016 cdasiaonline.com
ASSOCIATES TO APPEAR AS COUNSEL BEFORE THE CONSTITUTIONAL
COMMISSIONS, OR, IN THE ALTERNATIVE, ALLOWING THEM, AS THEY WERE
ALLOWED IN THE 1935 CONSTITUTION, TO APPEAR IN ANY COURT EXCEPT IN
CERTAIN CASES WHEREIN THE GOVERNMENT OR AN OFFICER OR EMPLOYEE
THEREOF IS INVOLVED
Introduced by Honorable Foz
TO THE COMMITTEE ON THE LEGISLATIVE
Proposed Resolution No. 291, entitled:
RESOLUTION PROPOSING THAT JUDICIAL REVIEW OF DECISIONS, ORDERS,
AND RULINGS OF THE CIVIL SERVICE COMMISSION BE PROVIDED FOR IN THE
CONSTITUTION
Introduced by Honorable Foz
TO THE COMMITTEE ON CONSTITUTIONAL COMMISSIONS AND AGENCIES
Proposed Resolution No. 292, entitled:
RESOLUTION PROVIDING FOR APPEAL FROM JUDGMENT OF ACQUITTAL WHEN
IT IS MANIFESTLY AGAINST THE EVIDENCE AND IS CONTRARY TO LAW
Introduced by Honorable Padilla
TO THE COMMITTEE ON THE JUDICIARY
Proposed Resolution No. 293, entitled:
RESOLUTION TO INCORPORATE IN THE NEW CONSTITUTION A PROVISION
PROTECTING THE RIGHTS OF VICTIMS OF CRIMES
Introduced by Honorable Natividad
TO THE COMMITTEE ON CITIZENSHIP, POLITICAL RIGHTS AND OBLIGATIONS
AND HUMAN RIGHTS
Proposed Resolution No. 294, entitled:
RESOLUTION PROVIDING IN THE NEW CONSTITUTION DISQUALIFICATIONS TO
RUN FOR ELECTIVE POSITION
Introduced by Honorable Suarez and Jamir
TO THE COMMITTEE ON AMENDMENTS AND TRANSITORY PROVISIONS
Proposed Resolution No. 295, entitled:
RESOLUTION STRESSING THAT THE CONCEPT OF THE STATE INCLUDES THE
PEOPLE AS THE SUPREME ELEMENT
Introduced by Honorable Villacorta, Suarez and Bennagen
TO THE COMMITTEE ON PREAMBLE, NATIONAL TERRITORY AND
DECLARATION OF PRINCIPLES
COMMUNICATIONS
Communication No. 53 — Constitutional Commission of 1986
Letter from Nichols Airmen's Village Residents Association, Inc. signed by Ms.
Rosario B. Martizano proposing, among others, a bicameral legislature
TO THE COMMITTEE ON THE LEGISLATIVE
Communication No. 54 — Constitutional Commission of 1986
Letter from Messrs. Oscar Musni, Mariano Carrasco and Ike Macias, all of
CD Technologies Asia, Inc. 2016 cdasiaonline.com
Cagayan de Oro City, requesting that a public hearing be held in Cagayan de Oro City
TO THE AD HOC PLANNING COMMITTEE ON PUBLIC HEARINGS
Communication No. 55 — Constitutional Commission of 1986
Letter from the People's Organization Working for Effective Reforms, Inc.,
Intramuros, Manila, signed by Mr. Armando P. Francisco, expressing their desire to
attend the scheduled public hearings and submitting their proposals on social justice cdrep

TO THE COMMITTEE ON SOCIAL JUSTICE


Communication No. 56 — Constitutional Commission of 1986
Letter from the Honorable Commissioner Ahmad Domocao Alonto submitting a
copy of the lecture of the late Senator Benigno Aquino, Jr., at the King Abdul Aziz
University, Jeddah, Saudi Arabia, on May 12, 1981 and requesting that the same be
made part of the records of the Constitutional Commission
TO THE COMMITTEE ON HUMAN RESOURCES
Communication No. 57 — Constitutional Commission of 1986
Letter from Mr. Marino M. Mena, College of Engineering, University of the
Philippines, proposing provisions on science and technology, education, and
environment
TO THE COMMITTEE ON HUMAN RESOURCES
Communication No. 58 — Constitutional Commission of 1986
Communication from the Honorable Neptali A. Gonzales, referring a paper of Mr.
Nicolas A. Gerochi, Jr., Regional Trial Court Judge, Makati, Metro Manila, with a speci c
recommendation for a bicameral legislature
TO THE COMMITTEE ON THE LEGISLATIVE
Communication No. 59 — Constitutional Commission of 1986
Letter from the Samahan sa Kultura at Sining signed by Ms. Julie Borromeo,
transmitting a proposal for a Ministry of Culture
TO THE COMMITTEE ON HUMAN RESOURCES
Communication No. 60 — Constitutional Commission of 1986
Letter from Mr. Vicente Bengzon, Jr., c/o Supreme Court, Padre Faura, Manila,
proposing judicial funds be placed under the supervision and control of the Supreme
Court to ensure the independence of the judiciary
TO THE COMMITTEE ON THE JUDICIARY
Communication No. 61 — Constitutional Commission of 1986
Letter from Mr. Felino C. T. Leon of Potrero, Malabon, Metro Manila, submitting a
paper on a proposed form of government, its structure and process
TO THE STEERING COMMITTEE
Communication No. 62 — Constitutional Commission of 1986
Letter from Mr. Napoleon B. Sayson of 2428 Dapdap St., Parañaque, Metro
Manila, suggesting, among others, a speedy judicial process and a vice-president each
for Luzon, Visayas and Mindanao
TO THE COMMITTEE ON THE JUDICIARY MOTION OF MR. ALONTO
Adverting to his letter dated June 24, 1986 addressed to the President of the
Constitutional Commission regarding the lecture of the late Senator Benigno Aquino, Jr.
CD Technologies Asia, Inc. 2016 cdasiaonline.com
delivered at the King Abdul Aziz University Science Auditorium, Jeddah, Saudi Arabia,
entitled "The Historical Background of the Moro Problem in the Southern Philippines",
Mr. Alonto pointed out that the said lecture, aside from being an important historical
document, is a pronouncement embodying an essential formula for the solution of one
of the most persistent problems in the country. In view thereof, Mr. Alonto moved that
the said lecture be inserted as part of the Record of the Constitutional Commission and
that the same be re produced and distributed to the Members of the Commission.
The Chair, however, stated that the letter adverted to which was denominated as
Communication No. 56 in the Order of Business, had already been referred to the
Committee on Human Resources, to which Mr. Alonto replied that he was presenting a
motion to insert the said lecture as part of the Record and that the same be reproduced
and distributed to the Members of the Commission.
There being no objection, the motion was approved by the Body.
QUESTION OF PRIVILEGE OF MR. SARMIENTO
At this juncture, Mr. Sarmiento sought recognition to speak on a question of
collective privilege relative to a news item in the June 25, 1986 issue of one of the
dailies which, he opined, affected the integrity and dignity of the Constitutional
Commission.
On the Chair's query whether it was a matter of urgency which could not be
postponed to a Friday, Mr. Sarmiento stated that he was indeed raising an urgent
matter.
In view thereof, the Chair allowed Mr. Sarmiento to take the oor on a question of
privilege.
Thereupon, Mr. Sarmiento read the news item which alleged that “the initial public
hearings on the proposed Constitution con rmed earlier predictions that they will be
dominated by cause oriented and other pressure groups, among which was the left-
wing National Democratic Front and that it was indicative of the weakness and lack of
popular acceptance of the Commission as evidenced in Baguio City asco where the
public hearing was turned into a ‘gripe session’.” Likewise in another item, it was alleged
that a walkout was averted in one of the public hearings because the format was
waived by the Commissioners.
Mr. Sarmiento informed that he was in Naga City together with Mr. Nolledo
during the last weekend and that no group, organization or party monopolized the
proceedings called by them. He stated that on the contrary, the workshops and plenary
sessions were well-attended and the response of the people was overwhelming.
Mr. Sarmiento stated that he checked the veracity of the reports from the
Commissioners concerned and he found out that they were not true.
Finally, he pointed out that these reports could affect public con dence in the
Constitutional Commission and if it remained unchecked, the Members would be at a
loss as to what really happened in the provinces. In view thereof, Mr. Sarmiento
suggested the presentation of an urgent motion to give each team through their leader,
three to ve minutes every Monday to make its report about their trips in the provinces.
cda

MOTION OF MR. SARMIENTO


Upon request of the Chair, Mr. Sarmiento restated his motion to allot three to ve
minutes during Monday plenary sessions, for each team, through its leader, to make a
report on their public hearings in the provinces subject to questions by other Members
of the Commission.
CD Technologies Asia, Inc. 2016 cdasiaonline.com
There being no objection, the motion was approved by the Body.
At this juncture, Mr. Ople manifested his intention to present an amendment to
include written reports of the team. However, he did not insist on his amendment on the
understanding that the motion would cover his suggestion.
INQUIRY OF MR. MAAMBONG
On Mr. Maambong's query as to what would be his recommendations to counter
the slanderous reports, Mr. Sarmiento suggested that the Committee on Public
Relations make representations with newsmen who made the reports.
On the identity of the newspaper, Mr. Sarmiento named the Manila Bulletin,
specifically its issues of June 23 and 25, 1986.
Mr. Maambong informed that he has in his possession another report claiming
that the Constitutional Commission is just a "palabas" because an alleged draft
Constitution had already been prepared. He sought further recommendations, aside
from what had already been suggested, in reply to which, Mr. Sarmiento proposed that
the Commission may ask the writer to make a public apology for his slanted report.
COMMENTS OF MR. RIGOS
Mr. Rigos made the observation that the Commission had been overly sensitive
to media reports, and, correcting whatever misinformation had been written about the
Commission could only be a waste of time. He suggested that it would perhaps be
more expeditious to simply call the attention of the Committee concerned for it to
make whatever representations are necessary.
MOTION OF MR. GUINGONA
Thereafter, adverting to the observation of Mr. Miguel Genovea in the June 25,
1986 issue of Philippines Daily Express that the Members of the Constitutional
Commission, being appointed by the President, had less contact with the people and
that they should feel the public pulse by encouraging civic groups to conduct mini-
referenda in order to avoid the risk of having a half-baked Constitution, Mr. Guingona
stated that he had in fact expressed the same view in the motion he presented a week
or two ago.
He pointed out that the Members held public hearings only in one site in one
province, thus covering a very limited area thereof. He stated that if mini-referenda were
conducted by civic groups with nationwide clubs or units, there would be no need of
waiting for the weekend to hold public hearings; the public hearings could be made not
only during the day but even in the evening; and these would be more accessible for the
people to attend.
In view thereof, he reiterated his motion that the Commission, through the
President, solicit the assistance and cooperation of prestigious civic, professional,
religious and other organizations with nationwide network to appeal to their local units
to conduct mini-referenda within two weeks and to submit to the Commission their
reports on or before July 12, 1986; and that an Ad Hoc Committee be created by the
President to classify, collate and summarize the reports received and to present their
report either on the floor or in writing on July 21, 1986.
In reply to the Chair's observation that the motion would further delay the
timetable of the Commission, Mr. Guingona stated that the reports would just be
supplementary and that they would be submitted before the commencement of out-of-
town public hearings on July 13.
Thereupon, Mr. Bacani registered his objection to the motion, explaining that the
CD Technologies Asia, Inc. 2016 cdasiaonline.com
Commissioners could conduct public hearings on their own initiative, and that the
proposal would only duplicate the work in the public hearings to which probably the
same people would be invited.
Submitted to a vote, and with the majority voting against, the motion was lost.
MOTION OF MR. CALDERON
Thereafter, Mr. Calderon moved that the Body terminate the free-wheeling debate
on Citizenship.
Thereupon, Mr. Bengzon invited attention to the fact that the Body was already in
the period of sponsorship and interpellation on Committee Report No. 4 on Proposed
Resolution No..7. He then moved that the said sponsorship and interpellation be
terminated to pave the way for the consideration of Committee Report No. 3 on
Proposed Resolution No. 263 on National Territory.
Thereupon, in reply to Mr. Suarez' inquiry on whether the motion would preclude
t h e turno en contra, Mr. Bengzon stated that should any Member desire to speak
against the resolution, he would withdraw his motion.
SUSPENSION OF SESSION
At this juncture, the Chair suspended the session.
It was 6:02 p.m.
RESUMPTION OF SESSION
At 6:11 p.m., the session was resumed.
TERMINATION OF THE DEBATE
Upon resumption of session, with no Member registering a turn to speak against
the resolution, on motion of Mr. Bengzon, there being no objection, the Body terminated
the period of sponsorship, interpellations and turno en contra. Cdpr

COMMITTEE REPORT NO. 3 ON PROPOSED RESOLUTION NO. 263 ON NATIONAL


TERRITORY
Thereupon, on motion of Mr. Bengzon, there being no objection, the Body
proceeded to the consideration of Committee Report No. 3 on Proposed Resolution
No. 263, entitled:
Resolution to incorporate in the new Constitution an article on National Territory.
On motion of Mr. Bengzon, there being no objection, the reading of the text of Proposed
Resolution No. 263 was dispensed with, without prejudice to its insertion into the
Record of the Constitutional Commission
CORRECTION ON RESOLUTION NO. 268
At this juncture, on request of Mr. Calderon, the Chair recognized Mr. Tingson
who made the following correction on Resolution No. 268:
On page 2, lines 2-4, the proviso should read:
"PROVIDED, HOWEVER, THAT THE LEASE ON THOSE BASES EXTENDABLE
FROM ONE PERIOD TO ANOTHER UPON THE CONCURRENCE OF THE PARTIES
SHALL BE BASED ON JUSTICE, THE HISTORICAL AMITY OF THE PEOPLES OF
THE PHILIPPINES AND THE UNITED STATES AND THEIR COMMON DEFENSE
INTEREST."
There being no objection, the same was approved by the Body.
SPONSORSHIP REMARKS OF MR. NOLLEDO ON PROPOSED RESOLUTION NO. 263
CD Technologies Asia, Inc. 2016 cdasiaonline.com
Mr. Nolledo stated that the Committee on Preamble, National Territory and
Declaration of Principles had the opportunity of listening to the enlightening remarks of
Ambassador Juan Arreglado and officials of the Bureau of Coast and Geodetic Survey.
He also pointed out that the Committee Report was a consolidation of the
Proposed Resolutions of the Proposed Resolutions authored by Messrs. Davide,
Tingson and himself. Moreover, he explained that the Committee adopted the de nition
of National Territory in the 1973 account the economic zone recognized by the
Convention on the Law of the Sea of 1982, which definition reads as follows:
"ARTICLE I . The National Territory
"SECTION 1. The national territory comprises the Philippine archipelago with all
the islands and waters embraced therein, and all other territories belonging to the
Philippines by historic right or legal title, including the territorial sea, the air space, the
subsoil, the seabed, the insular shelves and the other submarine areas over which the
Philippines has sovereignty or jurisdiction. The waters around, between and connecting
the islands of the archipelago, irrespective of their breadth and dimensions, form part
of the internal waters of the Philippines. 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. Nolledo explained that the de nition amended the provision on National
Territory found in the 1935 Constitution which de ned the country's territories as those
ceded to the United States by the Treaty of Paris on December 10, 1898; the islands
embraced in the treaty concluded between the United States and Spain on November 7,
1900; the islands embraced in the treaty between the United States and Great Britain
on January 2, 1930; and all other territories over which the present government
exercises jurisdiction.
He said that the Committee adopted in toto the 1973 Constitution's de nition of
national territory with the addition of the word "archipelago" to project the country's
adherence to the archipelagic doctrine; a statement referring to speci c areas
suggestive of the air and undersea world within the jurisdiction and sovereignty of the
Philippines; and a statement on the inclusion of all other territories belonging to the
Philippines by historic right or legal title.
Mr. Nolledo underscored the importance of Philippine waters as a consideration
which led to the adoption of the archipelagic doctrine despite the resistance of world
powers. He stressed that the sea is a vital source of food, minerals, oil, pearls, silica and
cobalt as well as an ideal trade and transportation link to other nations.
He quoted Mr. Bernas' grouping of the Philippine territory into 1) the Philippine
archipelago; 2) other territories belonging to the Philippines; and 3) the Philippine
waters, airspace and submarine areas. He added that according to Mr. Bernas,
Philippine territory has a horizontal reach consisting of land and water; an upward reach
consisting of airspace over land and water; and a downward reach covering submarine
areas.
Finally, Mr. Nolledo stressed that the de nition of Philippine territory symbolizes
national unity and asserts the territorial integrity of the Republic.
INTERPELLATION OF MR. OPLE
Mr. Nolledo agreed with Mr. Ople's observation that the territorial jurisdiction of
the Philippines comprises only those areas ceded to the United States by Spain in the
treaties of Paris and Washington, and those subsequently incorporated as a result of
the treaty between the United States and Great Britain, and that these treaties did not
CD Technologies Asia, Inc. 2016 cdasiaonline.com
include the Batanes Islands and if not for the clause "by historic right and legal title" in
the 1973 Constitution, its ambiguity as part of the Philippines would not have been
conclusively resolved, thereby demonstrating the danger of relying on foreign treaties
to define the limits of Philippine territory.
Mr. Nolledo also con rmed Mr. Ople's statement that the clause "historic right or
legal title" in the 1973 Constitution pertains not only to territories over which the
Philippines exercises jurisdiction but also to other territories over which it may not have
actual jurisdiction, like those over which the Philippines had led a claim or those on
which a future claim could be filed.
Mr. Nolledo stressed that the inclusion of the clause "historic right or legal title"
in the de nition of national territory was not in uenced by any foreign power and that it
was intended to leave open the pursuit of Philippine claims over Sabah, Freedom land
and possibly the Marianas Islands.
Mr. Nolledo, likewise, af rmed Mr. Ople's statement that the Philippine
Government had already relinquished its claim over Sabah during the ASEAN Summit
Meeting in 1977. Mr. Ople explained that the Philippine President then took that action
upon recommendation of three foreign ministers, namely Messrs. Pelaez, Romulo and
Tolentino because the claim had become self-defeating in terms of national objectives.
Besides, Mr. Ople pointed out that when the United Nations conducted a referendum in
1963 at the behest of the Philippine and Indonesian Governments, the people of Sabah
overwhelmingly voted to become part of Malaysia. He added that the unfriendly
atmosphere under which 140,000 Filipino refugees in Sabah live might exacerbate
because of the claim.
Mr. Ople also informed the Body that during the incumbency of President
Magsaysay, British North Borneo, now known as Sabah, had wanted an assured yearly
supply of 10,000 Filipino immigrant workers but it unilaterally backed out from the
agreement after hearing reports of imminent Philippine claims over Sabah. The
continuation of this claim, Mr. Ople opined, would have a bearing on possible closer
labor and trade exchanges between the Philippines and Malaysia, a prospect that would
greatly affect the Muslims in Mindanao.
On whether the retention of the clause "historical right or legal title" in the
proposed territorial provision speci cally refers to Sabah, Mr. Nolledo stated that it
does not, although it could embrace the Philippine claim over the area. He explained
that when Mr. Marcos relinquished the claim over Sabah, the heirs of the Sultan of Sulu
raised vigorous objections because, in line with the doctrines involved, namely: 1) the
doctrine of imperium under which the state may stake a claim on behalf of the heirs,
and 2) the doctrine of dominium which refers to the claim of the heirs themselves, there
must be a basis for the monetary claim of the heirs although the Philippine Government
may have relinquished its own claim.
Mr. Ople manifested his support for the position taken by the Committee which
segregates private claims from the official government claim.
Reacting to Mr. Nolledo's request for support of his resolution to authorize the
President of the Philippines to resolve the Sabah issue, Mr. Ople stated that he could
only support the Committee's interpretation of the clause "historic right or legal title"
and would leave to the Executive what steps it should take on the matter.
On the Kalayaan Islands, in reply to Mr. Ople's query whether the Philippine
Government exercises effective jurisdiction over it, considering the establishment of a
military garrison and local civil government units thereat, Mr. Nolledo agreed that there
CD Technologies Asia, Inc. 2016 cdasiaonline.com
is such effective jurisdiction and that the islands should be considered part and parcel
of the Republic of the Philippines.
INTERPELLATION OF MR. ABUBAKAR
Mr. Abubakar stated that the issue on Sabah started with the lease of the Sabah
territories to a British commercial company which, in turn, transferred its right to the
British Government. He stated that the Lease Treaty signed by the Sultan of Sulu was a
perpetual lease and practically a secession of the territory to the British North Borneo
Government from which the British Government acquired the right. He stated that the
claim has caused friction between Sabah and the Philippine Government.
Mr. Nolledo clari ed that the problem would not have arisen had the rental been
paid continuously by the British Government. He stated that the heirs of the Sultan of
Sulu felt aggrieved and considered the nonpayment of the rent as a violation of the
contract, which violation, they felt, rescinded the contract.
Mr. Nolledo explained that the claim of the Philippine government over Sabah is,
based on the doctrine of imperium which springs from the right of sovereignty. He
stated that the Philippine Government had no property rights over Sabah but since the
heirs of the Sultan of Sulu are Filipino citizens, the Philippine Government is bound to
protect their property rights over the territory.
Mr. Abubakar stated that the treaty effected the transfer to the British
Government of both sovereignty and physical right to the territory of Sabah, something
which weakened the position of the Philippines to pursue its claim. He stated that the
heirs of the Sultan of Sulu were allowed to continue negotiating to enable the heirs to
ask for an increase of the yearly rent.
Mr. Nolledo noted that during the time of President Macapagal, when the
Philippines laid its claim over Sabah in the Bangkok Conference and in the London
Conference, the Philippine Government was exposed to embarrassment since the
Constitution at that time contained no indication supporting such claim. He stated that
it was precisely for this reason that the 1971 Constitutional Convention included the
words "historic right or legal title" in the Constitution as a basis for negotiations of the
Sabah claim.
Mr. Abubakar noted that to maintain cordial relations between Sabah and
Southern Philippines, the stand of the Philippine Government over the Sabah claim had
changed to the extent that it did not pursue the claim and that Sabah had become part
of Malaysia.
REMARKS OF MR. TINGSON
At this juncture, Mr. Tingson sought recognition to address a question on the
Sabah issue which could touch the national pride of the Filipinos.
In reply to the Chair's query on whether he intended to interpellate the sponsor or
give his own sponsorship speech, Mr. Tingson stated that as a member of the
Committee, he wanted to register an exception to the Committee report,
Thereupon, with Mr. Nolledo temporarily relinquishing the oor, the Chair
recognized Mr. Tingson.
Mr. Tingson advanced the view that the Sabah claim was intrinsically a private
claim of the Sultan of Sulu which the Constitutional Convention of 1971
accommodated.
Pondering on the question on whether it was wise and prudent to have set aside
the claim of the Sultan of Sulu which was enshrined in the Constitution and whether it
CD Technologies Asia, Inc. 2016 cdasiaonline.com
served the national interest to tinker with the Constitution to accommodate the private
legal claim of a Filipino citizen over a piece of real estate which lies outside of the
territorial limits of the nation when it gained its independence on July 4, 1946, Mr.
Tingson stated that it would be up to the Body to pass judgment on the action of the
1971 Constitutional Convention. He, however, opined that reluctance to drop the Sabah
claim constitutes the biggest obstacle to the achievement of a harmonious and
mutually bene cial relationship with the people of Malaysia. He stated that trade
between the Filipinos in the South and that of Borneo had slumped due to the claim. He
stated that the inclusion of the claim in the Constitution had placed the Southern
regions on a shaky footing and destabilized the prospects of regional prosperity.
He stressed that the instinct to survive and pros per requires regional
cooperation which compels the country to extend its collective prospects to the
nations of Southeast Asia. He said that this demand a greater sensitivity to the rights
and feelings of the neighboring countries.
To be part of a larger community of nation he maintained that it is inevitable for
the country to bend its rights to conform with international law and that the right to
self-determination by people is an honored principle of international law. He stressed
that the land itself could not supersede the right of any people to self-determination for
land was created for man and that man was not created for the land.
He recalled that when the United Nations Mission conducted a referendum to
determine the people’s opinion as a prelude to the establishment of a Federation of
Malaysia by the British, the people of Sabah expressed their desire to be part of the
Federation.
Finally, Mr. Tingson stated that "by giving up Sabah, we do lose so much of a legal
claim as we gain a friend: the good people of Malaysia".
INQUIRY OF MRS. QUESADA
In reply to Mrs. Quesada's query on whether Mr. Tingson's statement was a
sponsorship speech, Mr. Nolledo stated that he was through with his sponsorship
speech but that the period of interpellation was still in progress.
On whether the statements expressed by Mr. Tingson was being adopted as part
of the sponsor ship, Mr. Nolledo stated that he was not in favor o dropping the Sabah
claim and that he was not adopting Mr. Tingson's views.
Mrs. Quesada then stated that it was the position of the Committee not to drop
the Sabah claim but just to retain the historic and legal right and that the position of Mr.
Tingson was never discussed in the Committee deliberations.
By way of rejoinder, Mr. Tingson stated that the records would show that he had
specifically asked that he be given a chance to express his contrary opinion.
In reply to the Chair's query on whether Mr. Tingson registered a dissenting vote
on the report of the Committee, Mr. Nolledo stated that Mr. Tingson had made a
reservation to speak on the Sabah issue which was duly noted by the Committee.
INTERPELLATION OF MR. DE LOS REYES
In reply to Mr. de los Reyes' query on the difference between continental shelf
and insular shelf, Mr. Nolledo stated that insular shelves cover continental shelves.
He stated that continental shelf refers to a certain area from an island going
downwards without limits and that it is elongated and unaltered in contrast to an
insular shelf, which is not elongated because of some irregular areas.

CD Technologies Asia, Inc. 2016 cdasiaonline.com


On whether the deletion of "airspace," "sub soil" or "seabed" from the provision
would in any way diminish the territory of the country, Mr. Nolledo opined that it would.
He stated that in the Convention on the Law of the Sea duly rati ed by the Batasang
Pambansa, Senator Tolentino enumerated several reservations as authorized by a
provision thereof. He pointed out that the meaning of internal waters becomes
nebulous as the Convention on the Law of the Sea mentions the word "archipelagic
waters" and that it was for this reason that Ambassador Arreglado requested the
Committee not to refer to said Convention since many of its provisions could prejudice
the claim over Philippine territory. He stated, however, that on the representations
made by Mr. Davide, the Committee did not fully agree with Ambassador Arreglado's
opinion.
On the meaning of economic zone, Mr. Nolledo explained that it is the zone
beyond and adjacent to the territorial sea which may not extend more than 200 nautical
miles from the archipelagic base lines. He said that the state has sovereign rights over
the exclusive economic zone to explore, manage and exploit all the natural resources,
living and nonliving, in its waters, the seabed and subsoil. He stated that the concept
expands the country's territory as against the three-mile rule which used to be
observed.
On the query relative to the right of innocent passage, Mr. Nolledo pointed out
that innocent passage was guaranteed even before the Law of the Sea was formulated.
He stated that innocent passage is not an infringement of a country's territory since it
may be necessary to save human lives because of a fortuitous event.
As to whether there is still any need to state the particular provision regarding
the economic zone provided for in the Convention on the Law of the Sea inasmuch as
this is already covered in the Declaration of Principles that the Philippines will adopt
international law as part of the law of the land, Mr. Nolledo underscored the importance
of said provision by adverting to Mr. Tolentino's opinion that the internal waters under
the Philippine Constitution would refer to those waters between and around the islands
and such would include both the archipelagic waters and internal waters under the
Convention on the Law of the Sea. Mr. Nolledo also stated that should the country
adopt this pertinent provision, there is a possibility of innocent passage across
Philippine internal waters. He recalled that one of the reasons why Mr. Tolentino made
several reservations or understandings before signing the Convention had to do with
fact that such signing would not in any manner affect the sovereign right of the
Philippines over any territory on which it exercises sovereign authority including the
Kalayaan Islands and the waters appurtenant thereto.
On Mr. Nolledo's claim that Mr. de los Reyes participated during the
consideration of the Convention on the Law of the Sea in the Batasang Pambansa, the
latter denied any participation stating that it was not deliberated on during his tenure.
Mr. Nolledo informed that the Committee followed the recommendation of
Ambassador Arreglado that no express reference be made on the Convention on the
Law of the Sea as this would create confusion and that speci c attention be made on
the reservations of Mr. Tolentino. He reiterated that when the Batasang Pambansa
rati ed the Convention on the Law of the Sea in 1982, the reservations or
understandings made by Mr. Tolentino were duly considered.
Mr. Nolledo con rmed, upon inquiry of Mr. de los Reyes, that the word
"archipelago" was used specifically to emphasize the archipelagic principle.
As to whether Mr. Macapagal's de nition of the national territory in the 1971
draft Constitution would affect the archipelagic theory, Mr. Nolledo stressed that Mr.
CD Technologies Asia, Inc. 2016 cdasiaonline.com
Macapagal's use of the particular phrase “ancestral home” would include all lands
covered by the Majapahit Empire including Borneo and part of Indonesia.
ADJOURNMENT OF SESSION
On motion of Mr. Rama, there being no objection, the Chair declared the session
adjourned until nine o'clock in the morning of the following day.
It was 7:25 p.m.
I hereby certify to the correctness of the foregoing.

(SGD.) FLERIDA RUTH P. ROMERO


Secretary-General

ATTESTED:

(SGD.) CECILIA MUÑOZ PALMA


President

Approved on June 27, 1986

CD Technologies Asia, Inc. 2016 cdasiaonline.com