HW1 - Atty. Sarmiento's Contribution

Biography
Atty. Rene V. Sarmiento was born on

December 15, 1953 in Bato, Catanduanes. He
is a graduate of San Beda College with a
degree of A.B. Political Science in 1974 and a
graduate of the University of the Philippines
College of Law where he served as an active
student leader. He was admitted to the Bar in
1979.
He later distinguished himself as a zealous

human rights lawyer during the Marcos years.
He practiced law in Diokno Law and Sarmiento Law.
As one of the main highlights of his career, he became a member

of the Constitutional Commission of 1986 tasked to draft the now 1987
Constitution of the Philippines. In addition, he served as OIC-
Presidential Adviser on the Peace Process and as a Commissioner of
the Commission on Elections.
Currently, he is a professor in San Beda University College of Law

teaching Political Law subjects and continuing to inspire aspiring future
lawyers. 
The Constitutional Commission
On June 2, 1986 at 10:05 a.m., the Vice President of the
Philippines, Salvador H. Laurel, formally opened the Inaugural Session
of the Constitutional Commission. He then received an oath of the 48
Commissioners with Cecilia Munoz Palma as President and Ambrosio
B. Padilla as Vice-President. From outside the membership of the
Constitutional Commission, 2 others were elected: Flerida Romero as
Secretary General, and Roberto San Andres as Sergeant at Arms. The
final session took place on October 15, 1986
The Committees
The 1986 Constitutional Commission consist of different
Committees. The following committees are those which Atty, Rene V.
Sarmiento was a part of:
• Committee on Citizenship, Bill of Rights, Political Rights & Obligations

& Human Rights
• Committee on Executive
• Committee on Judiciary
• Committee on National Economy & Patrimony
• Committee on Amendment & Transitory Provisions
• Committee on Style
Atty. Sarmiento’s Contribution

Preamble
“To Build A Just And Humane Society”
He explained that the goal was not only the establishment of

government but also the improvement of the larger society within which
government operates.
Section 12, Article III. Bill of Rights

The effects of violations of Section 12 (1) and (2) of Article III shall
result in (1) penal and civil sanctions as may be provided by law; and (2)
compensation to and rehabilitation of victims of torture or similar
practices, and their families. Rehabilitation includes members of the
family of a victim of torture because they may physically suffer illness
through mental anguish or moral shock or wounded feelings. This is a
Rene V. Sarmiento resolution.
Section 5, Article VI. Legislative Department

Atty. Sarmiento proposed the following modification: “and
provided FURTHER THAT FOR THREE CONSECUTIVE TERMS [instead
of the proposed two terms] after the ratification of this Constitution...”
there would be reserved seats for the sectors. This amendment was
approved unanimously.
Section 13 (7), Article XI. Accountability of Public Officers

Commissioner Jamir offered a consolidation of proposals of
Commissioner Natividad, Sarmiento, Bennagen, Concepcion and
himself:
“To determine and make recommendations for the observance of

high standards of ethics and efficiency and to eliminate the root causes
of inefficiency, red tape, mismanagement, frauds and corruption in the
government.”
This was approved.
Section 4, Article XIII. Social Justice and Human Rights -

Agrarian and Natural Resources Reform
Commissioner Sarmiento, on the proposed section, asked for the
deletion of “priorities” and “and other conditions Congress may
prescribe.” on the ground that it would open the floodgates to more
restrictions and limitations thereby seriously impairing the crucial
provision in our Constitution on agrarian reform but only the deletion of
“and other conditions” was approved. He also obtained approval of the
addition of “reasonable” to qualify “retention limits”.

Urban Land Reform and Housing
In cooperation with Commissioners Trenas, Sarmiento, Tan,
Rama, Villegas and de los Reyes, Commissioner Foz proposed a
recasting of the proposed draft to read:
“The State shall by BY LAW and for the common good undertake
a continuing program OF urban land REFORM and housing in
coordination with the private sector that will make decent housing AND
BASIC SERVICES AVAILABLE at affordable cost to UNDERPRIVILEGED
AND HOMELESS CITIZENS in urban centers and resettlement areas.”
This was approved.

Human Rights
The draft on the Commission on Human Rights was presented to
the body by the Committee on Constitutional Commissions and
Agencies on August 29, 1986. Sponsorship remarks were made by
Commissioners Rene Sarmiento and Edmundo Garcia.
Commissioner Sarmiento emphasized the need “for a

comprehensive program for the promotion, protection and respect for
human rights.” He said that such a program could best be formulated
and carried out “by a specialized agency which is independent from the
three main branches of government and equipped with the necessary
powers and functions to carry out such programs.”
Section 18 (2), Article XIII. Social Justice and Human

Rights - Human Rights
Commissioner Sarmiento proposed the addition of the authority of
the Commission to establish its own “priorities” to allow the
Commission to decide which problems to deal with first. Eventually, this
yielded to the phrase in the provision, “ADOPTS ITS OPERATIONAL
GUIDELINES.”
Section 3, Article XIV. Education, Science and Technology,

Arts, Culture, and Sports
The topic of patriotism and nationalism came back during the
period of amendment in a formula authored by several Commissioners.
Commissioner Sarmiento presented the amendment:
“THEY SHALL FOSTER PATRIOTISM AND nationalism, love of

HUMANITY, respect for human rights, APPRECIATION OF THE ROLE
OF NATIONAL HEROES IN OUR HISTORICAL DEVELOPMENT,
strengthen ethical and spiritual values, encourage critical and creative
thinking AND promote scientific, technological and VOCATIONAL
efficiency.”
Much of what Sarmiento said was in fact also in the Committee’s

formulation but the Committee was evenly divided about the
amendatory clauses which consisted a number of deletions and
substitutions. In the end, what was approved was the following:
“They shall inculcate patriotism and nationalism, foster love of

humanity, respect for human rights, appreciation of the role of national
heroes in the historical development of the country, teach the rights and
duties of citizenship, strengthen ethical and spiritual values, develop
moral character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote
vocational efficiency.”
Section 4, Article XVI. General Provisions

The Armed Forces: Composition and raison d’etre
The period of amendment on the provisions on the military began

with a proposal of Commissioner Sarmiento suggesting what he
considered a “flagship provision”. It would read:
“The State shall establish and maintain an independent and self-

reliant armed forces.”
Sarmiento argued that in the past the Philippine military, because

of its reliance on the United States for military aid and training of
personnel, had in effect been controlled by the United States. In the
end, this proposal was rejected.
Section 5 (6), Article XVI. General Provisions

The policy on retirement is an amendment presented by
Commissioners Sarmiento, Nolledo, Colayco, Tingson, Rama,
Guingona, Tan, Villacorta, Davide, Suarez, Monsod, Quesada, Ople and
Romulo. The purpose was to prevent the formation of regional blocs
within the military.
Section 4, Article XVIII. Transitory Provisions

To make the needed concurrence clearer, Commissioner
Sarmiento proposed the phrase “CONCURRENCE OF AT LEAST TWO-
THIRDS OF ALL THE MEMBERS OF THE SENATE”.

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Biography

Atty. Rene V. Sarmiento was born on

He later distinguished himself as a zealous

As one of the main highlights of his career, he became a member

Currently, he is a professor in San Beda University College of Law

• Committee on Citizenship, Bill of Rights, Political Rights & Obligations

• Committee on National Economy & Patrimony

• Committee on Amendment & Transitory Provisions

Atty. Sarmiento’s Contribution

He explained that the goal was not only the establishment of

Section 12, Article III. Bill of Rights

Section 5, Article VI. Legislative Department

Section 13 (7), Article XI. Accountability of Public Oﬃcers

“To determine and make recommendations for the observance of

This was approved.

Section 4, Article XIII. Social Justice and Human Rights -

Section 9, Article XIII. Social Justice and Human Rights -

This was approved.

Section 17, Article XIII. Social Justice and Human Rights -

Commissioner Sarmiento emphasized the need “for a

Section 18 (2), Article XIII. Social Justice and Human

Section 3, Article XIV. Education, Science and Technology,

“THEY SHALL FOSTER PATRIOTISM AND nationalism, love of

Much of what Sarmiento said was in fact also in the Committee’s

“They shall inculcate patriotism and nationalism, foster love of

Section 4, Article XVI. General Provisions

The period of amendment on the provisions on the military began

“The State shall establish and maintain an independent and self-

Sarmiento argued that in the past the Philippine military, because

Section 5 (6), Article XVI. General Provisions

Section 4, Article XVIII. Transitory Provisions

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