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