change of the system - lga.gov.ph exchange/fedex 2016...differentiated in lambino vs. comelec, 505...

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CHANGE OF THE SYSTEM will stimulate CHARACTER CHANGES

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CHANGING THE SYSTEM &

FORM OF GOVERNMENT

from UNITARY-PRESIDENTIAL to

FEDERAL- PARLIAMENTARY or

SEMI-PRESIDENTIAL

FORMATION OF A FEDERATION

A FEDERATION is an aggrupation of at least THREE States which agreed to transfer or

share their sovereign powers among themselves:

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State Government

Federal Republic of the Philippines

State Government State Government

Municipal

Cities

Provincial

District Trial Court

Federal Supreme Court

District Court of Appeals

Supreme Court

Court of Appeals

Trial Court

Federal Parliamentary

Senate National Assembly Parliament District

State Parliamentary

State Government

Unicameral State Parliament

AGGREGATIVE AND DISAGGREGATIVE FEDERALISM

AGGREGATIVE FEDERALISM

occurs when two existing sovereign States agreed to form a Federation by entering a Treaty or an

international agreement.

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AGGREGATIVE AND DISAGGREGATIVE FEDERALISM

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DISAGGREGATIVE FEDERALISM

occurs when a single/unitary sovereign State desires to transfer or share its sovereign power by revising its

Constitution and forming at least two more States within its own territorial jurisdiction.

DEFINITION & ELEMENTS OF A STATE A State is a community of persons, more less numerous, permanently occupying a definite

portion of territory, independent of external control, and possessing an organized government to which a great body of inhabitants render habitual obedience.

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PEOPLE TERRITORY

GOVERNMENT

SOVEREIGNTY

FUNDAMENTAL RIGHTS OF STATES

The Right of Existence, Integrity and Self-preservation

The Right of Sovereignty and Independence

The Right of Equality

The Right of Property

and Jurisdiction

The Right of Legation or of

Diplomatic Intercourse

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WHAT IS A CONSTITUTION?

It is a Written Instrument bywhich the FUNDAMENTALPOWERS of GOVERNMENT areestablished, limited anddefined, and by which thesepowers are distributed amongseveral DEPARTMENTS andAGENCIES for their safe anduseful exercise for the benefitof the body politics.

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POWERS OF GOVERNMENT

EXECUTIVE

JUDICIAL

LEGISLATIVE

1 Direct Congressional Action

(Constituent Assembly) – Amendments or Revision

2 Constitutional Convention -Revision

3 People’s Initiative - Amendments13

THE THREE WAYS OF PROPOSING CONSTITUTIONAL CHANGES

CONGRESS, acting as a

Constituent Assembly, may directly

propose revision or amendments by a

VOTE of THREE-FOURTHS (3/4) of

ALL ITS MEMBERS

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DIRECT CONGRESSIONAL ACTION

1METHOD

Differentiated in Lambino vs. Comelec, 505 SCRA 160, October 25, 2006.

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AMENDMENT vs. REVISION

AMENDMENTbroadly refers to a CHANGE

that adds, reduces, or deletes without ALTERING

the basic principleinvolved in the

Constitution.

Differentiated in Lambino vs. Comelec, 505 SCRA 160, October 25, 2006.

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AMENDMENT vs. REVISION

REVISION

broadly implies a CHANGE

that ALTERING the

principle of

SEPARATION OF

POWERS or the SYSTEM

OF CHECKS-AND-

BALANCES.

CONGRESS,

acting as a Constituent Assembly, “

may call a CONSTITUTIONAL CONVENTION by a

VOTE OF TWO-THIRDS (2/3)

OF ALL ITS MEMBERS

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CONSTITUTIONAL CONVENTION

2METHOD

1) The Law must appropriate the FUNDSthat will be needed by the Con-Con.

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IMPLEMENTING LAW

2) The Law can prescribe the QUALIFICATIONS and DISQUALIFICATIONS of the Con-Con

delegates.

3) The Law is passed by Congress in the exercise of its legislative power which

is PLENARY and is submitted for the

PRESIDENT’S APPROVAL and

SIGNATURE. Thus, he can VETO it!

Any change to a new form or system of government may only be accomplished through a REVISION (not mere amendment) of

the present Constitution.

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REVISION

Unitary Federal

Semi-

Presidential

Federal-

ParliamentaryUnitary-

Presidential

ParliamentaryPresidential

Semi-

Presidential

DIRECT PROPOSAL by the people through initiative upon a

PETITION of at least 12% OF THE TOTAL NUMBER OF REGISTERED VOTERS NATIONWIDE, of which

every Legislative District must be represented by at LEAST 3% OF THE

REGISTERED VOTERS therein

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PEOPLE’S INITIATIVE

3METHOD

THE PRESENT POLITICAL FORM AND SYSTEM OF THE PHILIPPINE GOVERNMENT

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PRESIDENTIAL FORM WITH BICAMERAL CONGRESS

HEAD of the STATE & CHIEF EXECUTIVE

SENATE

HOUSE OF REPRESENTATIVE

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UNITARY SYSTEM WITH OVER-CENTRALIZED POWERS AND LIMITED

LOCAL GOVERNMENT AUTONOMY

CONTROLS:

Ministrant Functions

Constituent

Powers

CONTROLLED BY:

President

Congress

Changes that are a must now even before the Revision of the

CONSTITUTION!

Pass political reform laws including thestrengthening of the Local Government Code

Pass the FOI

Pass the Political Party Reform Act that willprohibit turncoatism

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MUST PROVISIONS OF THE PROPOSED

NEW CONSTITUTION!

A SHIFT to Semi-Presidential or ModifiedParliamentary Form of Government similar toFrance, South Korea, Russia or China

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Multi-political Party shall be RETAINEDProvided that a Dominant Political Partiesshall be Ensured to Flourish.

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The CHANGE of GOVERNMENT can

BEGIN NOW ByAdopting A

PARLIAMENTARY FORM

The Political powers areexercised by the Parliamentwhich can be UNICAMERALor BICAMERAL

If BICAMERAL, the house or assembly whosemembers will choose to elect or nominate the head ofthe government called PRIME MINISTER or and theMINISTERS or CABINET is the body that actually runsthe government.

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SEMI-PRESIDENTIAL OR MODIFIED

PARLIAMENTARY FORM

Political powers like military, foreign relations, clemency, and appointing powers are in the hands of

PRESIDENT

Political powers like domestic governance

headed by the

PRIME MINISTER

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CHANGE TO FEDERAL SYSTEM

The CHANGE to PARLIAMENTARY OR TO

SEMI-PRESIDENTIAL FORM can be effected immediately without

much problem

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VERTICAL SYSTEM and

HORIZONTAL FORM

VERTICAL DYNAMICS

Central, Regional, Local Relations

HORIZONTAL DYNAMICS

Executive and Legislative Departments

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TRANSPARENCY INTERNATIONAL 15 MOST CORRUPT NATIONS

NORTH KOREA AFGHANISTAN ANGOLASUDAN

SOUTH SUDAN

SOMALIA

ERITREAVENEZUELA

GUINEA-BISSAUHAITILIBYAIRAQ

YEMENTURKMENISTANSYRIA

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TRANSPARENCY INTERNATIONAL 15 LEAST CORRUPT NATIONS

DENMARK NETHERLANDSNEW ZEALANDSWEDENFINLAND

ICELANDAUSTRALIAUNITED KINGDOMLUXEMBOURG

GERMANYCANADASINGAPORESWITZERLANDNORWAY

BELGIUM

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PHILIPPINE PARLIAMENTARY EXPERIENCE

The AMERICANSintroduced the

current PRESIDENTIAL

SYSTEM

The 1973 CONSTITUTION

was introduced by the MARCOS

GOVERNMENT

NATIONAL ASSEMBLY

An AMENDMENTwas later on

introduced in 1976

An AMENDMENTin 1981 shifted to

FRENCH-STYLE SEMI-

PRESIDENTIAL SYSTEM

A Council of Government took the form of a Parliament headed by

APOLINARIO MABINI

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PROPOSED SEMI-PRESIDENTIAL OR

MODIFIED PARLIAMENTARY

FORM

LEGISLATIVE POWER and EXECUTIVE POWER

vested in a UNICAMERAL/

BICAMERAL PARLIAMENT

PRESIDENT TO BE UNIVERSALLY ELECTED WITH RUN OFF

ELECTIONS. PRIME MINISTER, and CABINET all come from

PARLIAMENT/NATIONAL ASSEMBLY

Fusion of Powers

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TERMS AND QUALIFICATIONS

CURRENT SYSTEM

THREE-YEAR terms with a maximum of THREE

CONSECUTIVE TERMS

PROPOSED CONSTITUTIONFIVE-YEAR terms with NO

TERM LIMITS

COLLEGE

GRADUATE

25 year old minimum age

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THE PRIME MINISTER AND THE PRESIDENT

Prime Minister

President

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POWERS TO BE RETAINED BY THE PRESIDENT

Commander-in-Chief / Military powers

Amnesty to:▪ Executive Clemency like amnesty and

pardon, retrieve

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POWERS TO BE RETAINED BY THE PRESIDENT

Appointing powers of high officials in government:

▪ Prime Minister ▪ Cabinet▪ Supreme Court ▪ Constitutional Courts

E.g. CONGRESSIONAL INVESTIGATIONS of executive policies and actions, which unnecessarily delay and obstruct legislation.

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SEPARATION OF POWER causes intense rivalry and competition for power between the executive and legislative in a system that has turned very adversarial

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PRESIDENTIAL SYSTEM ALSO FEATURES A PARTY SYSTEM THAT IS WEAK,

UNDEMOCRATIC, UNSTABLE, AND NOT PROGRAM-ORIENTED

LEADERS AND POLITICAL PARTIES HAVE

NO IDEOLOGIES

DOWNSIDES OF THE

PRESIDENTIAL

SYSTEM

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DETERIORATION IN THE QUALITY OF

NATIONAL LEADERS

ELECTION

CORRUPTION DUE TO THE EXPENSE

DOWNSIDES OF THE

PRESIDENTIAL

SYSTEM

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INSTABILITY

PEOPLE POWER

MILITARY INTERVENTION

CONSTITUTIONAL AMENDMENTS TO

EXTEND PRESIDENTIAL TENURE

DOWNSIDES OF THE

PRESIDENTIAL

SYSTEM

TRANSITION TO FEDERALISM

1. Allowing the parliament to create autonomous regions ofcompact, contiguous and adjacent provinces and cities;and/or to create autonomous territories of someprovinces or other political units;

2. Allowing the enactment of organic laws for eachautonomous regions or autonomous territories based onthe petitions emanating from each respective regions orterritories;

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The New Constitution must contain the following Provisions:

TRANSITION TO FEDERALISM

3. Allowing the expansion of powers to be transferred or sharedby the national government to the autonomous governmentsin every regions or territories by revising the organic lawsconcern;

4. Allowing the conversion of the autonomous regions tobecome regional federal states (sub-national units) with theirorganic laws being transformed into state constitutions;

5. The national parliament shall approve each and every organiclaw or state constitution before they are submitted forapproval in a plebiscite by the registered voters in everyautonomous regions or territories concerned.

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The New Constitution must contain the following Provisions:

TRANSITION TO FEDERALISM

6. When at least two autonomous regions have beentransformed into regional federal states, the nationalgovernment shall be transformed into a federalgovernment of the Republic of the Philippines;

7. No federal states can exit from the federation andbecome an independent state without the approval of atleast 4/5 of all the members of the Regional Federal Stateparliament and by the majority votes of all the registeredvoters in the Regional Federal State concerned.

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The New Constitution must contain the following Provisions:

Federal• National security

• Civil, political, intellectual, property, human rights

• Foreign relations

• National elections

• External trade

• Citizenship

• Currency/monetary system

• Immigration, emigration, extradition

• Supreme Court decisions

State•State elections

•Regional, metropolitan trial courts

•Licensure of public utilities

•Administration and enforcement of state laws

•State socio-economic planning

•State finance

•Peace & order

•State infrastructure

•Health• Education• Environment• Social Welfare• Energy• Tourism

Shared

Decision-making becomes more local

Local leaders have more power over funds, resources

Specialization of products, services, industries

Inter-state trade and competition

WHAT ARE WE TRYING TO SOLVE?

Frontline Service Delivery

Peace AgendaBetter Governance

Better Politics

26% Poverty Incidence

20 Poorest Provinces

Peace and Federalism

Peace and Federalism

Anti-political dynasties

Campaign finance reform

Political party reform

Overhaul of COMELEC

ORGANIC LAW ON

AUTONOMOUS TERRITORIES

• Fix politics

• Amend LGC

• Fix Autonomous Regions

AUTONOMY & SUBSIDIARITYAUTONOMY & SUBSIDIARITY

• Fix politics

• Unitary to Parliamentary

• Autonomy to FederalismFEDERALISMFEDERALISM

1. Pass political reform

3. Referendum is passed, within a year, Parliamentmust enact an organic law defining theAutonomous Territory's land area, powers,obligations and sources of revenues (taxes).

2. Provinces and highly urbanized component citiesto evolve first to an autonomous territory.

4. If 3/5 (60%) of the provinces and componentcities of the Philippines become AutonomousTerritories, then the Federal Republic of thePhilippines is created

(1) INCLUSIVE, MULTI-STAKEHOLDER

(2) INFORMED, MULTI-PLATFORM

(3) FIX THE POLITICS

(4) REVISIONS NOT AMENDMENTS

(5) NOT A SINGLE STEP

(6) ARGUE NOT IN THE MINORITY

BUT IN THE MAJORITY

(7) DO THE NUMBERS – FISCAL

MATTERS

(8) METRICS OF CHANGE

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