FEDERALISM IN THE PHILIPPINES

Why Adopt a Federal Form of Government and Steps for Transition

Acosta, Mabelle E.

Du, Kelvin John M.

Tongo, Karmela

Legal Research

LLB I-Estrellado

College of Law

Ateneo De Davao University

November 18, 2013

2

Introduction

The Republic of the Philippines has a presidential-unitary form of government

which is highly centralized. This means that the country is led by the President as the

head of state and the government. He has general supervision over local governments

which are dependent on the national government as the Constitution has concentrated

political powers and authority in the national government. Being an archipelago of 7,107

islands it h

as been a struggle to deliver and provide services to the public especially to

those remote areas. The 1987 Constitution 1987 Constitution provided for an answer in

the form of decentralization of government administration including the creation of the

autonomous region. This strategy is said to facilitate faster delivery of needed basic

services and promote participatory governance. The Local Government Code of 1991

which has been functioning for over 2 decades now is one of the legislations and

strategies enacted and introduced to further local autonomy and promote good

governance

It must be noted however, that the extent of decentralization through local and

regional autonomy is limited. The Local Government Code despite of its goal to provide

autonomy to these Local Government Units in terms of providing services and providing

legislation to their place is still under the supervision of the legislature and the

executive. It is still subject to national government intervention. With very limited powers

and authority and inadequate resources, most of the local governments cannot provide

the public services that their constituents need. Local dependence on the national

government stifles local initiative and resourcefulness, and hampers local business and

development. With most leaders reluctant to decentralize the powers of the national

government because it enhances their control over local communities, the efforts to

promote local autonomy since the 1950s seemed have reached a dead end.

With the current form of government, the government and leaders have

generally failed to effectively address problems-continuing underdevelopment,

poverty, social inequality, unemployment, and the inadequate social services in the

country.

3

For these reasons, the federalist movement seeks to change the highly

centralized unitary structure to a decentralized structure of autonomous local

governments leading to a federal system. Advocates of federalism believe that the

structure of the federal system would respond to the geographical obstacle and

differences caused by cultural diversity on governance because it allows fragmentation

while at the same time promoting national interest.

In this respect, this paper will answer the question “would changing our traditional

unitary Republic to the Federal Republic of the Philippines the right choice?” The first

section of the paper provides an historical background of the Philippine government.

The second section provides for an overview decentralization and federalism in the

Philippines. The third section provides the context of decentralization in the Philippines.

The case of the Bangsamoro in ARMM is also discussed under the Local Government

Code. The fourth section discusses federalism as the right form of government needed

in the Philippines. The last section discusses the proposed process in adopting a

federal structure of government.

4

Overview and Historical Background

The Philippines is an archipelago stretching 1 839 km north-to-south off the

southeast coast of Asia. It is composed of 7, 107 islands divided into three major island

groups namely Luzon, Visayas, and Mindanao with the total population 92,337,852 as

of May, 2010.1 The diverse and numerous ethnic and tribal groups in the country can be

attributed to its geographical features. The people on each big island or group of islands

speak their own dialect, follows a culture that is distinct only among them.

Early Filipinos lived in numerous independent communities called barangays

under various native rules which were largely customary and unwritten. Even before the

arrival of Spaniards in the Philippines, autonomy among local units and communities are

already in existence. Under the Spanish regime, the civil and religious authorities of

Spain created a hierarchical form of administrative structure between the central

government and indigenous barangays all over the country with the exception of the

communities in Sulu and Mindanao. Due to these local‟s strong resistance, the

Spaniards failed to integrate their communities under the Spanish colonial regime.2

This system of government in the Philippines rooted in the colonial administration

of Spain has been maintained through the various political periods undergone by the

country. However, the degree of central government control has been changing. Trends

in both political and administrative decentralization have been influenced by threats to

national security, personalities of the presidents, national integration, national

development, and the perception of the central government on the competence of local

government.3

When the Spain ceded the Philippines to the United States, the latter essentially

maintained the administrative structure established by the former with special

arrangements with the Moros and non-Christian tribes. The Americans first organized a

military government with the consolidation of executive, legislative, and judicial authority

1 Philippines in Figures: Population, National Statistics Office, date retrieved: November 17, 2013. Retrieved from:

www.census.gov.ph. 2 T. Agoncillo & M. Guerrero, History of the Filipino People (4th ed., 1973) pp. 46-47.

3 Sosmena, 1987 as cited in Manasan, 1992. Intergovernmental Fiscal Relations, Fiscal Federalism, and Economic Development

in the Philippines working Paper series No. 92-04.

5

in the military governor. In spite of the enactment of policies purportedly supportive of

local autonomy, the Americans maintained a highly centralized politico-administrative

structure.4

The inauguration of the Philippine Republic on July 4, 1946 marked the

culmination of the Filipinos‟ 300 years of struggle for freedom. The 1935 Constitution

served as the fundamental law with the executive power being vested in the President,

the legislative power in the bicameral Congress of the Philippines and the judicial power

in the Supreme Court and inferior courts established by law.

During Marcos regime, the 1973 Constitution established a parliamentary form of

government and introduced the merger of executive and legislative powers. Marcos

abolished Congress and then went on to suspend national and local elections,

abrogating unto himself the power to appoint local officials .Although elections for a

national legislature were later held in 1978, and then for local officials in 1980, these

were never considered truly reflective of the people‟s will because of the prevailing

conditions of.5 Decentralization suffered a setback with the concentration of decision

making powers during the Marcos regime.

The overthrow of Marcos in 1986 and the ascent of Corazon Aquino into power

lead the promulgation of the Freedom Constitution which was to be in force pending the

adoption of a new constitution. A year later, the 1987 Constitution was ratified at a

plebiscite held on February 2, 1987.

The 1987 constitution has been in effect for the past 26 years and as the basic

and paramount law of the land, all other laws must conform and to which all persons

including the highest officials of the land, must defer. No act shall be valid if it conflicts

with the constitution.

4 I. Cruz. Philippine Political Law. 2002.

5 Brillantes, 1990 as cited in Manasan, 1992. Intergovernmental Fiscal Relations, Fiscal Federalism, and Economic Development

in the Philippines working Paper series No. 92-04.

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Unitary System versus Federal Government

As we are for the Federal form of government in our country it should be

understood first how our society works in terms of our current form of government which

is Unitary and how it would work when we are finally in a Federal form of government.

Unitary form of government is defined as a system of political organization in

which most or all of the governing power resides in a centralized government. It

contrasts with a federal system

In a unitary system the central government commonly delegates authority to

subnational units and channels policy decisions down to them for implementation. A

majority of nation-states are unitary systems. They vary greatly. Great Britain, for

example, decentralizes power in practice though not in constitutional principle. Others

grant varying degrees of autonomy to subnational units.6

A unitary system of government, therefore, is one where all of the government

authority and power is vested with one central government. This central government

has the sovereign power and the power of controlling its delegation of function to other

local or regional units.7 The extent of the authority given to the subunits or local

governments differ per country and depends on a variety of factors, foremost is the

stipulations in a Constitution and implementing laws thereof. Some of the notable

nations having a unitary system of government are the United Kingdom and France.

The Philippines falls on the later part of the sentence since it gives autonomy

through its local government units. Furthermore The Philippines has a democratic form

of government pursuant to Section 1, Article II of the 1987 Constitution of the Philippines

which states that “The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them.” Our country

“is a republic with a presidential form of government wherein power is equally divided

among its three branches: executive, legislative, and judicial. One basic corollary in a

6 Unitary. 2013 In Enyclopedia britannica.com. Retrieved Nov, 12, 2013, from http://global.britannica.com/EBchecked/topic/

615371/unitary-system. 7 Unitary Government, 2013 in USLegal.com. Retrieved November 9, 2013, from http://definitions.uslegal.com/u/unitary-

government/

7

presidential system of government is the principle of separation of powers wherein

legislation belongs to Congress, execution to the Executive, and settlement of legal

controversies to the Judiciary.”8

Whereas, Federalism is defined as a form of government in which political

authority is divided between a general or national government and regional (or “state”)

governments. The general government carries on the military and diplomatic functions

of the country and deals with many other matters of national concern. The state or

regional governments carry on the public activities that most directly affect the citizens,

such as police and fire protection. In a federal political structure, the state governments

are not mere provincial agencies of a central government. For under federalism, the

state or regional governments have their own constitutional powers that the general

government must recognize and respect. On the other hand, the state governments in a

federal system have less independence than do states that are members of a

confederation or league. 9

Unlike the unitary system of government, the principle of federalism centers on

the allocation of the government authority and power to both the central or national

government and the local, regional or state governments. In a federal system, there are

powers exclusively exercised by either the central government or the local government

units. Nonetheless, there are still some government powers and functions that are

shared by both governments, especially those that require utmost consideration such as

those relating to the right of life and liberty.10

There are also many countries in the world which has a federal government. The

United States of America is the best example of a nation enforcing federalism as the

concept itself is closely tied with the governmental system of the United States. Other

countries include Switzerland, Malaysia, Pakistan and Mexico.

8 The Official Gazette of the Philippines, date retrieved November 9 2013 http://www.gov.ph/about/gov/.

9 James McClellan, Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government [1989]

date retrieved: November 8 2013 retrieved from: http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle

=679&chapter=68462&layout=html&Itemid=27 source 10

Federalism, 2013 in The Free Dictionary by Farlex. Retrieved November 9, 2013, from http://legal-dictionary.thefreedictionary.

com/Federalism

8

Autonomy and Decentralization

While a unitary form of government means having one central government, this

does not ipso facto mean that there is total abolishment of local autonomy and

decentralization. Although federalism already implies decentralization, unitary systems

may also decentralize.

Decentralization is the delegation of the national government of certain authority

to local and regional governments. Local governments are then allowed to do decision-

making on their own within their given area wherein they exercise authority.

Decentralization is a necessary prerequisite of autonomy.11

In the case of Ganzon vs. Court of Appeals12, 200 SCRA 271, it was questioned

whether the constitutional change in the wording of the 1987 Philippine Constitution

meant that it divested the power of control of the President, and likewise the legislative

branch, over the local officials of the local government units (LGUs) which have been

awarded autonomy by the same Constitution. The Court ruled that autonomy, in the use

of the word in the Constitution, does not mean that the local governments are

considered as states similar to the federal government of the United States. What the

inclusion of local autonomy simply means is the creation of less dependent LGUs.

These local governments are still subject to the laws and restrictions enacted by the

legislative department and supervision of the executive department. Although LGUs are

given autonomy, they cannot be considered as independent bodies of the government;

they are not “mini-states” or states in the same light as that in a federal government

precisely because they are created through the enactments of the Congress.

In addition, the Court ruled in Ganzon that the provision on local autonomy is

found under Article II of the 1987 Constitution. These principles and state policies have

been held in a long line of cases to not be self-executing. This means that in

expounding on how local autonomy will be applied in the system of government, there

must still be an enabling law created by the legislature. This includes the passage of a

local government code which will define the nature and functions of the local

11

Disomangcop vs. Secretary, G.R. No. 149848 (November 25, 2004), 444 SCRA 203. 12

Ganzon vs. Court of Appeals, G.R. Nos. 93252, 93746, 95245 (August 5, 1991), 200 SCRA 271, 281.

9

government units, putting into concrete terms the extent of the local autonomy

contemplated in the Constitution.

What is explicit in the 1987 Philippine Constitution is the integration of the

principle of autonomy of local and regional government units into the unitary system of

government. In effect, it provided for the decentralization of administration of the

country- and not the delegation of the actual power of the state which is still within one

central government.

Decentralization in the Philippines

The Republic of the Philippines has a presidential-unitary form of government.

This means that the country is led by the President as the head of state and the

government. The Philippines is composed of one central government which is divided

into three main departments: the executive, the legislative and the judicial department.

Although there are three separate branches, they all co-exist in one government,

separated only to distribute the immense powers of the state in order to have checks

and balances.

Section 1, Article II of the 1987 Philippine Constitution states that: “The

Philippines is a democratic and republican State. Sovereignty resides in the people and

all government authority emanates from them.” The Philippines believes in democracy-

that it is the people who have the real power and the power which the government has

is only derived from them. It also espouses a republican system of representation so

that the people are properly represented in the government which they have established

to support them.

Although the Philippines has a unitary government, there still exists a great deal

of autonomy and decentralization. Foremost is the state policy that local governments

be given autonomy.13 This is a new inclusion in the 1987 Constitution as it provided for

decentralization of government administration including the creation of the autonomous

regions. However, the Constitution still adopts a unitary government and not a federal

13

Section 25, Article II, The 1987 Constitution of the Philippines.

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one.14

This state policy has been realized through the enactment of the Local

Government Code of 199115 which provided for a more apparent system of

decentralization in the government. It provided for clearer delineation of tasks which the

Local Government Units (LGUs) may undertake within their localities. However, it must

be noted that the extent of decentralization through local and regional autonomy is

limited. It has been even referred to as a “dead end” by its major proponent, Senator

Pimentel, because of the resistance from those used to a centralized structure of

government.16

This conflict between having a unitary form of government while upholding local

autonomy and decentralization gave rise to a movement for federalism in the

Philippines.

The 2005 Consultative Commission

Then President Gloria Macapagal-Arroyo created the 2005 Consultative

Commission during her incumbency as President of the Republic of the Philippines. The

commission, commonly referred to as the ConCom, was formed in order to study the

existing system of government in the Philippines as well as study the recommendations

for changes from a presidential-unitary system of government to a parliamentary-federal

one.17 The head of the commission was Jose Abueva, a known proponent for federalism

in the Philippines. Despite several controversies regarding the creation of the

commission, the members of the ConCom regularly convened and discussed the

possible shift of the form of government which resulted to their recommendation which

was submitted to Congress. The most significant parts of their recommendations are the

shift to a federal form of government, a parliamentary type of government, and the

14

Ganzon vs. Court of Appeals, G.R. Nos. 93252, 93746, 95245 (August 5, 1991), 200 SCRA 271, 281. 15

Republic Act No. 7160, effective January 1, 1992. 16

2005 Consultative Commission Session 3, Oct 3, 2005. Transcript of the proceedings, p.17. Date retrieved: November 5, 2013.

Retrieved from: http://pcij.org/blog/wp-docs/chacha/Session03_T00305p.pdf. 17

Executive Order No. 453 (2005), retrieved from the Official Gazette of the Philippines.

11

extension of the term of public officials, including the President, for transition.18 They

also submitted a recommendation of amendments to the 1987 Philippine Constitution.

Much of the deliberations of the ConCom centered on how federalism is

advantageous to the Philippines vis-a-vis the current autonomy exercised by local

government units. In the transcript of the meetings of the Consultative Commission,

Chairman Abueva discussed the division of functions they envisioned between the

national and state governments are more than just local autonomy. It is the delineation

of important powers of administration to the regional or state governments for better

execution. Those that will be left to the national level are only the functions which a state

may not undertake on its own and those of national interest such as security and

defense, territory, foreign and diplomatic relations, immigration and citizenship, and

economic or banking systems.19

Although we agree on the shift to federalism, the same cannot be said as to the

suggested change from a presidential to a parliamentary type of government. An

attempt to change the type of government was done by the late President Ferdinand

Marcos during his extended term.20 This pseudo-parliamentary21 system however was

not well-received, having been done during the regime of martial law in the Philippines.

It has also been criticized that the parliamentary government was not in effect since it

was still Marcos who was in power even for tasks delegated to the Prime Minister.

As to the extension of the term of the President, among other high-ranking

officials, the reason behind this was that it would help facilitate the change in the form of

government. While this guided reason may be true, it was received negatively by the

public especially since the current President at that time was not perceived in the best

light by the people. Even with a change in presidency, extending the term of the

18

Ronald J. May, (2007) Federalism versus Autonomy Debate and practice in the Philippines, date retrieved: November 4 2013,

retrieved from http://www.iag.org.ph/index.php/blog/444-federalism-versus-autonomy-debate-and-practice-in-the-philippines 19

2005 Consultative Commission Session 3, Oct 3, 2005. Transcript of the proceedings, p.17. Date retrieved: November 5, 2013.

Retrieved from: http://pcij.org/blog/wp-docs/chacha/Session03_T00305p.pdf 20

Marcos Administration, in Philippinecountry,com. Date retrieved: November 11, 2013. Retrieved from: http://www.philippine

country.com/philippine_history/marcos_time.html 21

Jose V. Abueva, Why Change our Presidential Government to a Parliamentary Government?, date retrieved: November 11,

2013. Retrieved from: http://pcij.org/blog/wp-docs/JoseAbueva_Why_change_to_a_parliamentary_government.pdf

12

President for the transition to a federal government will still encounter doubts since the

current Philippine Constitution itself provides that the term of the President shall not

exceed six years. An amendment to this provision, although an easy solution, might

prove to be futile depending on how well the public admits the current administration. If

it is possible to do away with extending the terms of office of incumbent high-ranking

officials, then it would be more beneficial to the transition so as to minimize questions

on the purpose of the conversion to federalism.

Federalism in the Philippines

Although the incorporation of federalism will not solve all of the problems the

Philippines is facing, it will be a chance to tidy up all loopholes and erroneous functions

found within the current system.

The following is a summary22 of the key advantages the Philippines will arrive at

if it will pursue a federal form of government:

1. A federal system will allow for a more peaceful and enduring framework in the

negotiations with the Bangsamoro and the Muslim Filipinos as they will be given

ample room to establish their state as well as the laws which they deem fit in

accordance with their culture and interests. This will give way for the cession of

peace and order problems in Mindanao, especially to the cities and provinces

under the Autonomous Region of Muslim Mindanao (ARMM).

2. The creation of around a dozen states instead of 80 or so provinces will enable

for faster and easier development in terms of industries, economies, and

integration.

3. Federalism will push for better political participation from the citizens since

22

From: The Annotated CMFP Draft Constitution (2005) by Jose Abueva, as cited in Ronald J. May, (2007) Federalism versus

Autonomy: Debate and Practice in the Philippines; Pimentel, Aquilino, Why Adopt the Federal System of Government? A Primer

on the Federal System presented to the Integrated Bar of the Philippines at its annual convention, Tacloban City, 27 April 2002;

Abueva, Jose, Towards a Federal republic of the Philippines with a Parliamentary Government by 2010 in “Towards a Federal

Republic of the Philippines with a Parliamentary Government by 2010: A Draft Constitution”, Kalayaan College, Marikina City,

2002, pp. 5-6, as cited in Brillantes and Mossacre: Decentralization and Federalism in the Philippines: Lesson from the Global

Community.

13

they will not only be governed by the national government but also by their

respective state. Election of public official in the state level will be improved as

the citizens have more direct stake in the outcome thereof. Citizens will be more

involved and mindful of their state government.

4. Governance will be improved in the state or local levels. Public officials may be

more rigorously checked in their activities which will lead to less corruption and

more accountability. If it will be evident that corruption has rapidly reduced, more

citizens will be willing to pay for taxes which will yield to more much-needed

budget and funds for the national and state governments.

5. Federalism will promote interstate competition which in effect will improve the

country‟s development. Economic development will be spread out across states

and will not be focused on the capital. States will improve on their local products

in order to bring in foreign as well as domestic investment. Progression will be

apparent and will help bring in and retain professionals.

6. Similar to the United States, each state may have more flexibility in the

creation and implementation of laws within its own state. Although already

implemented through the Local Government Code of 1991, the creation of a law

instead of an ordinance will allow for more profound application and stricter

execution.

7. Each state may concentrate on addressing internal problems as these differ

from state to state. Its resources will be directed to its actual issues and not

merely for the improvement of the capital state. Current underdeveloped cities

and provinces will have more room to use their resources towards their own

progression. The national or federal government will then be less burdened in

unifying efforts on problems only specific to a state, enabling it to concentrate

more on national issues on security and globalization.

8. A federal system will also help preserve a region or locality‟s cultures and

tradition. Each state will be more inclined to have their own identity to

differentiate themselves from other states. This will give effect to a more state-

centric attitude for citizens, enriching the local language and culture. This does

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not however mean a decrease in the national unity but instead will give rise to

cultural diversity and social plurality which will benefit the nation.

9. The shift to federalism will strengthen the people‟s value of democracy,

creating a deeper attachment between the people and their local government.

Citizens will come to realize the value of their participation in the formation of the

state.

Federalism: In Politics

The concept of federalism points mainly to the ideal of giving full autonomy to the

State giving them their own constitution and give limits to the national government on

what it would impose on the state and vice versa. It aims to decentralize the form of

power, the distribution of goods and that the ordinances to be enacted are grounded on

the actual tradition and customs of the people without having fear of violating the

constitution.

In the Philippines all of the laws that will be enacted should adhere to the

'mother of laws' the 1987 Philippines Constitution which took effect on February 2, 1987.

The 1987 Philippines Constitution was enacted after the oust of then President

Ferdinand Marcos who held power for 21 years and had assume the role of being the

legislative body and the executive body after his declaration of Martial Law. This

constitution was created with the aim of avoiding as much as possible another martial

law and any form of abuse of power on whoever will assume it which has been proven

to be detrimental for the country's state in terms of not only in legislation but also of

human rights and justice. Therefore it follows the hierarchy of laws to which every

statutes promulgated by legislative bodies or administrative bodies should adhere to.

The bottom part of the hierarchy is the ordinances enacted by the Local Government

Units (LGU). As LGU has been given 'meaningful and genuine' local autonomy these

ordinances should still adhere to administrative issuances by the executive. Then these

issuances should be pursuant to the statutes or laws enacted by the legislative

department of our country then finally all of these should be pursuant to the 1987

Constitution of the Philippines.

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Our 1987 constitution paved way for the creation of the Autonomous Region of

Muslim Mindanao (ARMM) and the creation of the Cordillera of Autonomous Region

(CAR) provided that the congress will create an organic act for each region. However

this organic act has not been materialized which would be discussed in the latter part of

this paper.

Also another good feature in our 1987 Constitution is that it provided local

autonomy to the local government units. Meaning, it can enact laws on its own. It can be

similar to the concept of Federalism where the states are given full autonomy in terms of

creating policies, laws and as well as the distribution of their goods. Having the same

concept as that of a Federal form of government why is it still a need for changing the

constitution to Federal government? What is the difference between Local Government

Code that was enacted pursuant to the 1987 Philippines Constitution and that of

Federalism?

Local Government Code

The idea of decentralization is not new in our country. It has been existent before

the enactment of the Local Government Code. We already had acts that aim for

decentralization of power such as the Local Autonomy Act and the Decentralization act

however it was directly supervised by the President and the governance remained

centralized. There were still actions for decentralization after those acts namely the

Martial Law constitution and the Local Government Code but was found to be ineffective

since it was not practiced.23

Article X of the 1897 Constitution states that the political and territorial

subdivisions shall enjoy local autonomy24 and these political and territorial subdivisions

has the power to create its own sources of revenues and to levy taxes, fees and

charges subject to such guidelines and limitations as the Congress may provide,

consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall

23

Ronald J. May, (2007) Federalism versus Autonomy Debate and practice in the Philippines, date retrieved: November 4 2013,

retrieved from http://www.iag.org.ph/index.php/blog/444-federalism-versus-autonomy-debate-and-practice-in-the-philippines.

24 Section 2, Aarticle X, The 1987 Constitution of the Philippines.

16

accrue exclusively to the local governments. 25 And that the President shall exercise

general supervision to these local governments ensuring that the acts of the component

units are within their prescribed powers and functions. 26 Moreover this mandated by

the constitution was strengthened through the enactment of the Local Government

Code 27

Republic Act 7610 otherwise known as The Local Government Code of 1991 was

enacted on October 10 1991 pursuant to the 1987 Constitution. In its Declaration of

policy its primary goal is to make the local government units as self-reliant thereby

giving them genuine and meaningful local autonomy. It also aims to make a responsive

and accountable government structure instituted through a system of decentralization

whereby local government units shall be given more powers, authority, responsibilities,

and resources. The process of decentralization shall proceed from the national

government to the local government units.28

The Local government Code also provides for the kind of power the local

government assume in relation to what National government may impose. Section 25,

Article 1 of Chapter III or the Intergovernmental Relations chapter of the code states that

the President shall exercise general supervision over local government units, aside from

that it has the authority of exercising directly supervising authorities over provinces,

highly urbanized cities, municipalities, cities and barangays. In terms of project

implementation coordination between the national and local government is needed to

ensure that the local government units have a participation in planning and

implementation of national projects.

Those mentioned among others are the role of the National government in the

Local government unit. As the Local Government Code's aim is to give 'meaningful and

genuine' autonomy to the Local Government Units, how far its goal could go? What its

autonomy in its constitutional sense?

The Supreme Court of the Philippines had the occasion to explain what

25

Section 5, Article X , The 1987 Constitution of the Philippines. 26

Section 4, Article X, The 1987 Constitution of the Philippines. 27

Section 3, Article X, The 1987 Constitution of the Philippines. 28

“An Act Providing for Local Government Units”, Republic Act 7610, Declaration of policy, paragraph a (1991).

17

autonomy means. Autonomy in its constitutional sense has been defined not to make

mini states out of local government units, although it is not controlled by the legislature it

is still within their guidance. And still within the general supervision of the executive. 29

The involvement of the President in terms of the supervising this Local Government Unit

symbolizes somewhat direct intervention on what could possibly this local government

unit enact in terms of laws in the form of ordinances aside from his role of making sure

their adherence to the 1987 Philippines Constitution. Here, the Supreme Court had just

reiterated the Local Government Code that was enacted after jurisprudence was held.

Therefore both judiciary and statutes are consistent with its stand that Local

Government Code is not full autonomy at all.

Therefore our Local Government Code despite of its goal to provide autonomy to

these Local Government units in terms of providing service, providing legislation to their

place is still under the minimal supervision of the legislature and still 'under the general

supervision of the Executive'. It is still subject to the national government intervention

which is the opposite of Federalism which gives each state, the term for political

subdivision, their own constitution as mentioned above. In federalism there will be

liberation of laws as well as the increased responsibility of the leaders to come up with

activities which could help their constituent. Furthermore it allows the local

population to decide for their own on what ordinances which they think could benefit the

populace without seeking confirmation to the National government as long as it adheres

to the basic principles of the constitution of their place. It is to be remembere that the

laws enaceted by the National Government are of general scope unless provided by the

law itself therefore the considerations made pursuant to it are in the general sense.

Therefore, it might not concur with a place' unique system. It encourages the population

to enact laws in accordance with their traditions and customs.

Another thing that a Federal form of government may address better is the

system of corruption. In a unitary form of government which has a centralized form of

government, all the income of its regions will go to the National capital then will circulate

through the allocation of budget by the legislative department.The funds will be

29

Ganzon vs. Court of Appeals, G.R. Nos. 93252, 93746, 95245 (August 5, 1991), 200 SCRA 271, 281.

18

managed by their representatives which are the legislators. The problem with that

especially in the Philippine context is that our political system has been long

problematic. Aside from the issue of political dynasties which means that one family

dominates the political set up of a particular place, Philippine politics highly involves

influence, power and connection. Regardless of the 'preferred' qualification, that is,

aside from what the constitutionally mandated qualification, anybody can be elected as

long as you have what it takes to win the votes—money and/or influence.

As what has been mentioned earlier these leaders or the politicians who has

been elected has the task of delivering to the people the allocation given by the national

government. The problem with it is that there are so many issues on how these

politicians allocate them. The issue of misuse of a public fund in fact has become an

open secret to the people. The most common example known may be some allotted

huge budget for road construction when in fact there is no road. The most recent issue

that has angered the whole nation is the issue of pork barrel system where some of the

legislators allegedly gave some of their budget to fake Non-Government Organizations

in return these budget will be returned to them in a form of commission. Not only

legislators but in the past, the former President of the Philippines has been plagued with

issues involving kickbacks30 using public funds. These funds were generated by either

collecting tax or by the efforts of the countries' districts through their production. In

return, sometimes, the place which produces more has received less not only through

lack of budget allocation but of the failure of the government leaders to effectively use

them in their own districts.This would have been minimized in a federal form of

government since the politicians can only rely on their own efforts in terms of budge. It

means when a state fails in giving the needs of their people but that they are capable in

production, it is the leaders of the place who has the sole responsibility and no longer

the national government through the budget allocation system.

Although the federal government cannot ensure to abolish the system of

corruption of the leaders but it will add more burden and responsibility to them as these

leaders will have no one to blame but them in handling the own funds of their place. It

30

What went before: the NBN ZTE Deal, date retrieved: November 16, 2013, retrieved from: http://newsinfo.inquirer.net/

119639/what-went-before-the-nbn-zte-deal-2.

19

can possibly decrease and perhaps change the plagued system of handling funds, the

system of corruption which is probably inherent in our very own Unitary form of

government.

Another major issue that involves the need to shift from Federal form of

government is the longstanding conflict involving Moro Islamic Liberation Front, Moro

National Liberation Front and the Government of the Philippines. Although our

constitution has given the Bangsamoro their own autonomy there are still issues that

are deeply rooted that when addressed will be in conflict with our present 1987

constitution.

Case of the Autonomous Region of Muslim Mindanao (ARMM)

Decentralization within a unitary form of government is limited. “It is inherently

reluctant to devolve political powers to its lower tiers while it may decentralize

administrative functions when required. This is the expected scenario in the case of the

Philippines in relation to the Muslim problem, more so because regional autonomy is

contained in the Constitution. But a long tradition of centralism has translated the

constitutional mandate into a toothless agency called ARMM.”31

Emergence of ARMM

The history of the ARMM has always been intertwined with the struggle of the

Muslim peoples of Mindanao towards self-rule and self-determination. These peoples,

who, now collectively call themselves “Bangsamoro” wanted to shape their own destiny

under Islamic law and culture. They had successfully resisted the influence of foreign

domination particularly the Spaniards, Japanese, and Americans however; their land

was nevertheless annexed into the Philippine government after the Americans gave

independence to the Philippines. And with the occurrence of social injustices and

unscrupulous acts of persons who took advantage of the people‟s low economic state

they are forced to rise in protest against the Philippine government.

31

S. Tanggol. 2010. "Regional Autonomy, Federalism and the Bangsamoro Issue.

20

On August 1, 1989, Republic Act No. 6734, otherwise known as the Organic Act

of the Autonomous Region in Muslim Mindanao, was signed into law by then President

Corazon C. Aquino in pursuit of a vigorous approach to solve the Mindanao problem

through peace negotiations. A plebiscite was then conducted on November 17, 1989, in

the proposed areas of ARMM wherein the provinces of Maguindanao, Lanao del Sur,

Tawi-Tawi and Sulu opted to join the area of autonomy. When Pres. Gloria Macapagal

Arroyo assumed the Presidency on January 2001 after the ouster of President Joseph

E. Estrada, she sustains the peace and development efforts in Mindanao. As part of the

commitment to the 1996 Peace Agreement, she supported the September 2001

plebiscite for the ratification of Republic Act 9054, expanding the area of autonomy. The

ARMM is now comprised of the provinces of Maguindanao, Lanao del Sur, Sulu, Tawi-

Tawi, Basilan and the Islamic City of Marawi.32

Addressing the Demands for self-determination

Muslims did not want to be part of the Philippines as manifested in their petition

before the US Congress for separation and their continuing struggle for self-

determination. However, instead of giving the Moros self-determination, the central

government would just attempt to integrate them and, worse, infuse their ancestral

lands with resettlement projects for people from the north, changing the demography of

Mindanao and further marginalizing the Muslims, economically and politically.33

Continuing Poverty and Underdevelopment

The epic struggle of the Bangsamoro against foreign colonization then against

the Philippine Government at the onset of the 1970s left them impoverished and lagging

behind the rest of the country in all facets of development. They have become

dislocated and marginalized by war and unjust government policy. With poverty

incidence of 46.9%, ARMM has become the poorest among the 17regions in the country

32

Retrieved from: http://armm.gov.ph/, date retrieved: November 15, 2013. 33

S. Tanggol. 2010. "Regional Autonomy, Federalism and the Bangsamoro Issue.

21

with the province of Lanao del Sur posting the highest at 68.9% and Maguindanao at

57.8%. 34 In the Philippine Human Development Report of 2005, four of the five ARMM

provinces occupy the last four slots among the bottom ten provinces in the Human

Development Index Ranking.

One major factor that impedes the proper delivery of basic services, as well as

limits the capacities of LGUs, is the lack of “decentralization” within ARMM itself.

Although National Government Association‟s staffs were generally devolved to the

municipal level, in the ARMM they were devolved only to the regional level, and remain

under the control of the regional government. Since the regional government assumed

responsibility for devolved services, those services have not improved failed to improve

their constituency‟s quality of life.35

Limitations: ARMM

Autonomous Region as a Local Government and its Relationship to the National

Government

The discussion in Kida vs. Senate involved a premise and ruling that “[f]rom the

perspective of the Constitution, autonomous regions are considered one of the forms of

local governments, as evident from Article X of the Constitution entitled „Local

Government.” These Autonomous regions are established and discussed under

Sections 15 to 21 of said article. Furthermore the Supreme Court ruled that the

“autonomy granted to ARMM cannot be invoked to defeat national policies and

concerns.[It] cannot be used to exempt the region having to act in accordance with

national policy mandated by no less than the Constitution”36

In the case of Basco vs. PAGCOR37, the Supreme Court stand that under a

unitary system of government, local governments can only be an intra-sovereign

subdivision of a sovereign nation, and it cannot be an imperium in imperio. Therefore,

34

National Statistics and Coordination Board, 2013. 35

Rodriguez. Rethinking Federalism in the Light of Social Justice. 36

Kida vs. Senate, G.R. No. 196271, October 18, 2011. 37

Basco vs. Philippine Amusements and Gaming Corporation, 197 SCRA 52 (1991).

22

the ARMM being a form of local government unit, although granted with political

autonomy it shall remain a regional entity which will continue to operate within the larger

framework of the State. It is still subject to the national policies set by the national

government, save only for those specific areas reserved by the Constitution for regional

autonomous determination

Extent of Powers of Autonomous Regions

The Kida Decision clarified the reserved powers of the National Government vis-

à-vis the enumerated Powers of the autonomous regions under Sec. 20, Art. X of the

1987 Constitution. Those not enumerated are actually to be exercised by the national

government.” Section 20 of Article X provides:

“Within its territorial jurisdiction and subject to the provisions of this

Constitution and national laws, the Organic Act of Autonomous Regions

shall provide for legislative powers over:

(1) Administrative organization; (2) Creation of sources of

revenues; (3) Ancestral domain and natural resources; (4) Personal,

family, and property relations; (5) Regional urban and rural planning

development; (6) Economic, social, and tourism development; (7)

Educational policies; (8) Preservation and development of the cultural

heritage; and (9) Such other matters as may be authorized by law for the

promotion of the general welfare of the region.”

Regional laws are subject not only to the Constitution but also to national laws, in

a practically blanket manner, precisely as a function or feature of the unitary system of

government.

In the case Sema vs. COMELEC,38 the Supreme Court held that ARMM Regional

assembly cannot create a province without a legislative district because the Constitution

mandates that every province shall have a legislative district. Moreover, it cannot enact

a law creating a national office like the office of a district representative of Congress

38

Sema vs. COMELEC, G.R. No. 77597, July 16, 2008.

23

because its legislative powers operate only within its territorial jurisdiction.

Noteworthy in this case is the dissenting opinion of Associate Justice Dante

Tinga; “[w]ith this ruling, the Court has dealt another severe blow to the cause of local

autonomy.” He described local autonomy rule for Muslim Mindanao and the Cordillera

region as a “new paradigm [that] is crystallized under Article X of the Constitution…

such a paradigm partakes of a constitutional mandate.” He further made the

progressive point that “if there is no constitutional bar against the exercise of the powers

of government by the autonomous government in Muslim Mindanao, particularly by the

Regional Assembly, then there is no basis to thwart the constitutional design by denying

such powers to that body.”

The rationale for the herein Decision shows how the autonomous regions are still

very much tied up to (and tied down by) “the status quo of a unitary system.

The trend of Supreme Court decisions is very much influenced by the growing

awareness of the ills in the ARMM. There is direct correlation between ARMM as a

failed experiment and the evolving jurisprudence tipping power and control to the

national government at the expense of the region‟s autonomy as decentralization of

power. Despite the introduction of electoral democracy and the “political integration” of

the Bangsamoro into the larger body politic, the current state of ARMM is still far from

what the Moros are hoping for- self-determination. There is need of social legislation,

addressing not only the resolution of the political dimension of the insurgency of the

Bangsamoro but the root causes of underdevelopment in the region as a whole that

fueled their rebellion in the first place. One thing is for sure, it is the Bangsamoro

themselves who should determine what is good for themselves.

Federalism: On Economy

Another advantage of Federalism is in its distribution of goods. Federalism gears

towards decentralization of government giving each state the capacity to be self-reliant

in almost all aspects of their governance; each state has the responsibility to generate

income on their own finding ways to fund different projects to its constituents. Although it

24

is not far from the concept of LGU its advantage is that the income from the production

of a certain region or 'state' in a Federal form of government will return from where it

came from. In other words each state has a big responsibility to generate their own

income since its own income will be their own source of fund.

In the Philippine Context: Local Government Unit

We have decided to focus our attention with the Local Government Unit, since it

has somewhat similar concept to that of a Federal form of government which gives

autonomy to each Local Government Unit in terms of their own ways of taxation and

legislation. How is the budget allocated with the LGUs?

A research was conducted by the Government of the Philippines together with

Department of Local and Interior Government, United Nations Environment Programme

and United Nation Development Programme entitled 'Review of collection and

distribution of revenues from natural resources‟ that were published last July 2012. It

has the aim to come up with a recommendation on how to increase the share of LGUs

from the national wealth; it discussed how our present local government units receive

revenues from the National government as well as the income from their own natural

resources.

According to the research citing section 6 and 7, Article X of the 1987 Philippines

constitution which states “ Local government units shall have a just share, as

determined by law, in the national taxes which shall be automatically released to them.”

And that “Local governments shall be entitled to an equitable share in the proceeds of

the utilization and development of the national wealth within their respective areas, in

the manner provided by law, including sharing the same with the inhabitants by way of

direct benefits.”

According to the research the Local Government Unit's largest budget allocation

comes from the Internal Revenue Allocation. Aside from that the LGU has shares from

the Bureau of Internal revenue from the taxes collected that were generated from the

natural resources found in their place. The problem with this is that, there are places

25

which do not generate much income from their natural resources but because on the

nature of their place. For example a city that does not have any natural resources but is

a center of business might generate a lot of income because of the rich economic

activities. Aside from the income they generate through taxes collected by their LGUs,

they will also be having budget allocation from the National government. Given that set

up, how about the Local Government Unit who generates billions because of the Natural

Resources found in their place (ex. mining) but is not in a form of a city therefore has no

additional way of generating income? Provided that the income generated from their

natural resources will not be totally owned by the places but will only have shares as

mandated by law.

Given that there is already an allocation and share from these resources that the

law vests upon Local Government Units, in the Federal form of government these

shares would be no longer shares but their own revenue. Meaning, there are chances

that the Local Government Unit will benefit more from the income coming from the

resources that are produced in their land. They become the major player of their

economy and major administrator rather than waiting for the budget allocation coming

from the National Government and the shares provided by law in terms of the present

natural resources seen in their land.

People will be more involved in terms of their economic activity and will probably

give more concern in terms of production, will thus produce more imagination,

involvement on how they can make their economy more sustainable and productive. It

is because their main source of income is not the allocation from the government which

comes from different provinces but based from their own production. Everybody will

have their role in the state . Not only the producers but also the consumers and most of

all the state government.

This kind of system in the Federal form of government will really benefit the place

which generates big revenues in terms of their production and natural resources but in

return might receive less than what they have produced. As what the former President

Gloria said in his 2005 State of the Nation Address “Perhaps it is time to take the power

from the center to the countryside that feeds it”

26

Federalism: On Culture

It cannot be disputed that the Philippines is a country rich in culture. Pre-colonial,

colonial, post-colonial traditions and customs still exist in the country. Although already

not in their purest form (i.e. indigenous people experienced acculturation) but still the

beliefs and way of thinking these periods brought become embedded and accepted in

our practice and is still evident on how we view things in our society. It has also become

a major player on how we make laws. One evident example is our being subject to

colonial rule of Spanish which brought Catholicism in the country. 150 years from our

liberation from the Spanish Colony we still adopt the view on Catholicism thus played a

great role on how legislator view some of the laws passed in our country. One good

example is the existing debate on the law of Reproductive Health Bill. It is an issue

where the Catholic sector in our country involves itself so much in the issue to the point

that some of its members or dioceses were dropping names of the politicians not to be

voted last election because of their stance on the issue.

Culture is one of the price possessions of a place. Since culture is unique on

each place once it is lost then there will be no other community which will adopt it since

they do not practice the kind of way of life, beliefs of people since they have their own.

Sometimes, culture can be lost when the assimilation to the central government which

aims for 'homogenic' way of viewing things, meaning, they lay down rules on what is

right and wrong even though it does not agree with the tradition of a place. Since the

Philippines is rich on that and it has been very proud of it, it cannot afford to lose these

culture practiced by different group of people found in different parts of the countries

because of centralization. Our government has in fact recognized their importance and

enact law that will protect them. One major law that acknowledges their uniqueness and

sovereignty is of course found in the 1987 Philippines Constitution which acknowledges

the Autonomous Region of Muslim Mindanao and the Cordillera Autonomous Region.

These places had their own system of government way back the pre-colonial times. The

Spain failed to assimilate these groups into their own government which has of course

the goal of Christianizing people. Although it is to be remembered that they are not the

only cultural groups whom the Spanish Colonizers failed to integrate to their own

27

government. With that the government has also enacted law for our indigenous people.

One statute which protects the right of our Indigenous People is RA 8371 or the

“The Indigenous Peoples Rights Act of 1997” .Its Declaration of State and policy

particularly section 2 and 3 provides:

a) The State shall recognize and promote the rights of ICCs/IPs within the

framework of national unity and development;

b) The State shall protect the rights of ICCs/IPs to their ancestral domains to

ensure their economic, social and cultural wellbeing and shall recognize the

applicability of customary laws governing property rights or relations in determining

the ownership and extent of ancestral domain;

This state policy of IPRA Law protects the right of our IP most especially in their

ancestral domain. However, despite of this law there are still pressing issues regarding

the management of their ancestral domain. One issue that is concurrent is the

exploitation of their ancestral domain by the foreign investors through exploration and

possible applying for permit allowing massive exploitation of our own natural resources

which are allowed by the National Government and in fact aided by them through

deployment of military officials not the local police to protect these foreign investors from

possible action of the IP groups. If a population or a local government unit is dominated

by our minority group, the power and the approval of state makes it impossible to insist

their own autonomy and probably voice out their opinion about these possible

exploration and exploitation.

With the federal form of government, the National state cannot dictate to the

federal states on what their decision when foreign investors enter their places especially

the ancestral domain since the federal government where these ancestral domains are

located has the sole authority.

As the preservation of the place of a community is highly connected to the culture

of a place, the protection of their ancestral domain through the autonomy given by the

Federal form of government is definitely important.

Not only that, a place which has different set of customs can already enact law

28

without having to consider the main constitution of the land since they can very well

make their own set of constitution. Their concept of justice and way of implementing it

might be different from what the central government have. Implementing the central

government's idea might also in a way force these groups to change their views thus it

will affect their culture. It might prevent them from practicing it which is supposed to be

the number one requirement to keep traditions alive, it is to constant practice and

reinforcement. With the Federal form of government, as what have been mentioned in

the early parts of this paper, it will allow the people to create laws in accordance with

their own concept, may it be of law, justice, and on how they manage to plan their

economy or land without contradicting their own customs.

Conversion to Federalism

A shift from a unitary form of government to a federal one would entail a stringent

process with a need to lay down a long-term plan to fully realize the change in the form

of government. This includes envisioning the phase of transition in implementing

federalism as well as change management during the initiation, planning and execution

stages of the conversion.

It may readily be perceived that the shift to federalism will be met with much

resistance from unitary system advocates as well as citizens used to the norm or

present system of Local Government Units. However, it must be pointed out that the

change we envision is not an overhaul. A presidential system will still be retained albeit

a federal form will be adopted instead of the unitary form. Given the current system of

decentralization and autonomy given to regional and local governments, the transition

will find easier application as compared to a strictly centralized government.

Moreover, to avoid these problems, an intricate framework for integration and a

high level of democratic political development is needed.39 It bears stressing that the

conversion is a long-term endeavour; thus a need for an extensive plan of action.

39

M. Fillipov & O. Shvetsova, Federalism, Democracy and Democratization, January 2011, Binghamton University, New York.

29

Steps for Conversion to a Federal-Presidential Government

In order to facilitate a smooth transition from a unitary to a federal form of

government, a ten-year preparation plan was proposed by Alex Brillantes, Jr., a

prominent name in the field of political science especially in local governance. The first

five years of his proposed plan are more construed towards the creation and

administration of a federal movement organization while the last half deals more on the

steps in attaining a newly adopted Constitution. Throughout the plan, the need for

continuous holding of conferences and seminars to inform about federalism is evident.

Using the Brillantes transition action plan as a guide, we have come up with the

proposed plan for conversion as follows:

Preparatory Stage Constitutional Convention

Creation of a Constitutional Convention tasked to revise the current Constitution and convert the unitary form of government to a federal one while retaining the presidential system

Holding of the Constitutional Convention including integration of proposals and deliberation on the intricacies and drafts of the amendments, revisions and/or changes for the new Constitution

Government Agencies

Listing of all government agencies, personnel and officials, both national and local, affected by the shift to federalism

Consultation with the governmental agencies on how the conversion will affect their institution, employees and objectives

Information Drive and Consultation

Conducting information seminars and media on federalism, how it will affect the country and the citizenry

Gather feedback on the people‟s concerns regarding the implementation and transition

Initiation Stage Submission of the proposed amendments to the Constitution

Creation of the final proposed amendments/revisions through Congress

The proposed revision will be approved according to the provisions of the 1987 Constitution on Amendments and Revisions (Article XVII)

Transition Phase 1 Dissemination of copies of the approved proposal for the New Constitution, stressing the change to federalism

Conducting information seminars and media on the highlights of the changes brought about by the shift in government organization because of the implementation of federalism

Holding of an assembly with the heads of local government units for briefing on the effects of the conversion

Implementation Stage The 1987 Philippine Constitution will be officially revised to pattern a federal form of government

Adoption of the new Philippine Constitution

Transition Phase 2 Addressing common misconceptions regarding the new Constitution and federal system

30

Interpretation of conflicting or vague provisions in the Constitution by the Supreme Court to be used as case laws

Transitioning of the functions as well as information, data or accounts of previous national government agencies to their state government counterparts

Transition Phase 3 Introduction of minor amendments to the new Constitution based on the feedback from the implementation, focusing on aspects of the Constitution which gave rise to misapprehensions and conflict

a) Preparatory Stage

To prepare for the implementation of federalism in the Philippines, the first task

would be to revise the current Philippine Constitution accordingly. Article XVII of the

1987 Philippine Constitution provides for two ways in which the Constitution may be

revised: through the Congress or through a constitutional commission. Of these two, we

strongly believe that the creation of a constitutional convention will be more practical

and wise given that the Congress is directly affected if federalism will be pursued. A

constitutional convention, similar to the 2005 Consultative Commission, will function

independently of the Congress, although there is a need as well for representatives

from the same department. However, unlike the 2005 ConCom, this constitutional

convention will mainly be tasked to look into the change from unitary to federal,

excluding the shift from a presidential system to a parliamentary.

During this stage, the various government agencies, bureaus, offices and

departments expected to be affected by this change must also be identified and

consulted with. The rationale behind this is that the institutions themselves as well as

the public officers and employees under them will be susceptible to change; they may

be expanded, reduced in size, transferred, or totally abolished depending on the

functions of their offices. Government agencies whose functions will be deemed under

state or local government will be directed or transferred in control to the different states,

if not abolished since the newly created states can create their own agencies anew. On

the same rationale, those agencies which will become purely national in nature might

need expansion to accommodate the overall needs of the federal government.

The desired change in the form of government should be handled with great care

and diligence. It is important that the initial presentation to the public be well-accepted or

at the very least, not met with negative or even detrimental perception. This will serve as

31

the foundation as to how the next stages of the transition will be received. Included in

this stage is a thorough information drive to enable the people to fully understand the

nature and effects of the conversion. It must be evident to them that democracy will still

stand; they must be able to determine the extent of the change in order to have

politically mature decisions.

b) Initiation Stage

The initiating factor for the transition towards federalism will be the official

recommendation given by the duly assembled constitutional convention. This will serve

as the major reference or basis for the push for revision of the current Philippine

Constitution. This may or may not be forwarded to Congress for initiation of the process

of revision. However, it would be advisable that the Congress be the one to initiate the

change for smoother and faster convening.

c) Transition Phase 1

Once the proposal for the revision of the 1987 Philippine Constitution has been

officially approved, the next step would be to inform the public of the actual changes the

proposed Constitution will give effect to. In contrast to the information drive in the

preparatory stage, the information to be disseminated in this stage will be the actual

changes and not simple those foreseen. The original and the proposed Constitution as

well as highlights of the changes especially those brought about by the shift to

federalism must be made readily available to the people through different media. The

public must also be informed on when and how the voting for ratification will take place.

Other than the general public, the government agencies and instrumentalities

affected, as listed from the preparatory stage, must as well be briefed thoroughly of the

actual changes that will take effect if and when the proposed Constitution will be ratified

by the people. A plan on the transitioning of the different agencies to their state or local

government counterparts must also be created in consultation with them. Salaries,

benefits, employment assistance and aid, and other transitional measures or assistance

must also be given the officers and employees.

32

d) Implementation Stage

On the day set for the plebiscite, the people of the Philippines will vote for the

approval or disapproval of the proposed Constitution. If the voting will be successful and

the votes are in favor of the new Constitution, then the new Constitution will be deemed

ratified in accordance to Section 4, Article XVII of the Constitution. The new Constitution

will take effect on the same day of ratification, the day when the sovereign people

voted.40

e) Transition Phase 2

The second transition phase after the adoption of the new Constitution will focus

on issue management. There may be points of the new Constitution which, although

already approved by the people, will give rise to different interpretations. The task to

interpret possible lapses, conflicts, misunderstanding or misconception will necessarily

fall upon the judicial department. It is expected that during this phase, cases will be filed

which seek the resolution of problem areas in the interpretation and application of the

Constitution.

In terms of the government agencies, their transitioning must also be started in

light of the adoption of the new Constitution. The guidelines, as created in the first

phase of the transition, must be followed in order for a smooth transition of information,

data, employees, and accounts from the previous national agencies to the newly

created agencies under each state government.

f) Transition Phase 3

The last step for the conversion would still involve transitioning. At this stage,

amendments to the newly adopted Constitution may be introduced with reference to

various decided cases and recommendations from the Supreme Court or lower court

judges. This phase will necessarily follow only if there is a need for amendment to

change obvious flaws or inconsistencies based on jurisprudence. If these problems may

be remedied by interpretation, there will be no need as the principles established in

case laws will guide future cases on the same issues.

40

De Leon vs. Esguerra, G.R. No. 78059 (August 31, 1987), 153 SCRA 602.

33

Conclusion

Federalism in general offers a wide ranges of advantage over that of unitary

system. First and foremost it brings closer the people to their own government. It is

because of its 'banner' concept which is decentralization. It brings the central

government to their own region. It will promotes not only 'meaningful' but a genuine

autonomy to the Local Government. It brings more responsibility to the leaders to be

more effective and innovative interms of their legislation and governance. Given that, it

will also bring a long lasting peace in the longstanding conflict in Mindanao regarding

the ARMM and the wish of the Bangsamoro to have a genuine autonomy over their

ancestral land without being removed from the Jurisdiction of the Philippines.

Second it will encourage locals to be more involve in their production of goods

as well as in boosting their economic activities since they only have their land as their

major source of income. Not only that, these people in return would be more cautious in

protecting their own Natural resources since it is the only source of income and that the

immediate goal should be a sustainable development in economy rather than massive

destruction and foreign intrusion.

And last, it protects culture. As what have been pointed out in the earlier parts of

this paper, federalism gives liberty of laws to the states. Given the diversity of culture

we might not have that homogeneic view of things.Some customs or laws of a place

might be contradictory to that of the other place. This kind of conflicts might be

addressed better if the power are decentralized and will be given to the local

government units.

The process of changing the federal form of government might be a painstaking

one.In fact it can be considered as radical. From the creation of the Consitutional

Commissions to the different transition phases which involves information drive and

different consultations with different government agencies which might be affected with

the change of constitution, real dedication and support from the people are needed to

make this transition meaningful and operative.

34

Although debates may arise as to the timeliness of this change of constitution but

if now is not the appropiate time, when? There are so many pressing issues in our

country our present government can no longer address that not even the change of

administration can do. It is because our problems are already deeply rooted with the a

problematic system. The system of bureacracy inherent in a unitary form of government

which is supposedly good but is now a breeding area of officials who are corrupt and

are motivated by their own personal interest. Our present system is hopeless because

the people had already learned to accept, deal and even participate in it (I.e the

presence of fixers, redtape) which should never be the case.

Federalism does not guarantee to solve these problems. What this kind of

govermment offers is a brand NEW form of system. A kind of government that will bring

the people closer to it. A kind of system that symbolizes a fresh start from the long evil

practice of people who are in power who sees government as not a public service but of

business. A kind of system which inculcates to the mind of the people that they should

expect much from their leaders and that they should be vigilant with their rights because

they are already a major player in the success of their own government. A kind of

system which gives independence to the people thus giving them no choice but to rely

on their own efforts. And lastly a kind of system which gives autonomy to its region,

giving them the liberation of creating their individual consitution without them being

called another country.

Then we go back to our main question: “Would changing our traditional unitary

Republic to the Federal Republic of the Philippines the right choice?” Given all the

things that has been discussed in this paper, we are in definitely in the affirmative. What

we are really after is the better state of our country. And we firmly believe that although

Federalism might not be perfect but it is definitely the right choice. It can bring us to the

kind of Philippines every Filipino deserves. A kind of Philippines that not our present

kind of government can give us. A kind of Philippines that only Federal government can

give. Federalism is the answer. Federalism now!

35

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Basco vs. Philippine Amusements and Gaming Corporation, G.R. No. 91649 (May 14,

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Disomangcop vs. Secretary, G.R. No. 149848 (November 25, 2004), 444 SCRA 203.

Ganzon vs. Court of Appeals, G.R. Nos. 93252, 93746, 95245 (August 5, 1991), 200

SCRA 271, 281.

The Indigenous People's Rights Act, RA 8371, approved October 29, 1997.

Kida vs. Senate, G.R. No. 196271, (October 18, 2011), resolved February 28, 2012.

The Local Government Code of 1991, Republic Act No. 7160, effective January 1, 1992.

Sema vs. Comelec, G.R. No. 77597 (July 16, 2008).

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36

Manasan, (1992). Intergovernmental Fiscal Relations, Fiscal Federalism, and Economic

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