Revolutionizing the Philippine Governance: Federalism-An Alternative to the Current Philippine Structure of Government

A Legal Research Presented to The Dean of School of Law San Beda College-Alabang In Partial Fulfillment of the Requirements for the Subject of Legal Research

Name Date

TABLE OF CONTENTS:

INTRODUCTION:

Talks about PGMAs intention to shift for a federal system in line with the MOA on Ancestral Domain. Senate Resolution No.10 proposed by Sen. Pimentel

FEDERALISM: ITS CONCEPTION AND CONCEPT Federalism is the system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units. This is also called as Federation, the power to govern is shared among the national and state government. Difference of Unitary and Federal Systems

CONTEMPORARY STRUCTURE OF FEDERALISM EXISTING IN OTHER COUNTRIES Philippine model of this structure of government may be looked into the dynamic contemporaries of Federalism in every continent of the world. The Federal System is implemented already in these countries namely: Argentine Republic, Commonwealth of Australia, Federal Republic of Austria, Belgium, Bosnia Herzegovina, Brazil, Canada, The Federal and Islamic Republic of the Comoros, Ethiopia, Federal Republic of Germany, Republic of India, Malaysia, United Mexican States, Federal Republic of Nigeria, Federal States of Micronesia, Islamic Republic of Pakistan, Russian Federation, St. Kitts and Nevis, South Africa, Spain, Swiss Confederation, United Arab Emirates, Republic of Venezuela, Federal Republic of Yugoslavia and United States of America. In these 25 countries, the much appreciated model would be the Federal System of the United States of America. The State that promoted the concept of democratization that is vital to the concept of Federalism. This concept was realized when the Federalist movement contended that Articles of Confederation is not achieving its purpose. On June 21, 1788, the new Constitution was ratified. A United States Supreme Court landmark decision gave the balance between federal powers and powers of the state. In McCulloch v. Maryland, the state of Maryland wanted to impose tax on bank notes issued by Second Bank of America that was not contracted in Maryland. The state has no authority to impose tax in federal institutions. As Chief Justice John Marshall in this decision, If any one proposition could command the universal assent of mankind, we might expect it would be this that the government of the Union, though limited in its power, is supreme within its sphere of action. The High Court of Australia used this US Supreme Court decision as basis for the balance between the Federal Government and the States. The decision in DEmden v. Pedder "In considering the respective powers of the Commonwealth and of the States it is essential to bear in mind that each is, within the ambit of its authority, a sovereign State, subject only to the restrictions imposed by the Imperial

connection and to the provisions of the Constitution, either expressed or necessarily implied... a right of sovereignty subject to extrinsic control is a contradiction in terms. It must, therefore, be taken to be of the essence of the Constitution that the Commonwealth is entitled, within the ambit of its authority, to exercise its legislative and executive powers in absolute freedom, and without any interference or control whatever except that prescribed by the Constitution itself... It follows that when a State attempts to give to its legislative or executive authority an operation which, if valid, would fetter, control, or interfere with, the free exercise of the legislative or executive power of the Commonwealth, the attempt, unless expressly authorized by the Constitution, is to that extent invalid and inoperative." Federal Concepts from Federal Countries CONCEPT OF FEDERALISM IN CURRENT PHILIPPINE SETTING Local Autonomy in the Philippines has already the concept of Federalism in sharing the power to govern of the central government and the local government. 1987 Philippine Constitution provided Article 10 for the purpose of Local Government and Autonomous Region. In Article 10 Sections 1 and 2 of the 1987 Philippine Constitution, it stated that Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. Section 2. The territorial and political subdivisions shall enjoy local autonomy. The reason behind the Autonomous Regions can be located in Article 10 Sections 15-21 of the 1987 Philippine Constitution. As a distinct part of Philippine Society, Article 10 Section 15 provided that Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

This was further intensified in national legislations for local government. The following legislative measures were RA 2264 or the Local Autonomy Act of 1959. This law gave autonomy to the local government on local zoning and planning. The Barrio Charter Act (RA 2390) and its revised charter promoted the village governments. On the agricultural and health, the local government was given power to provide those through the Decentralization Act of 1967 (RA 5185). The 1973 Philippine Constitution gave the opportunity to create the first Local Government Code (Batas Pambansa 337). This code focused on the category of local units and autonomy of cities from provinces. 1991 Local Government Code or RA 7160 was the result of Article 10 Section 3 1987 Philippine Constitution to ensure genuine and meaningful autonomy to local government units. As Proserfina Domingo Tapales, Professor of UP-NCPAG gave an understanding of local autonomy as devolution in the code provisions. Tapales said The Local Government Code of 1991 categorically specifies that the State shall provide for a system of decentralization whereby local government units shall be given more powers, authority, responsibility and resources (Sec.2). Towards this goal, its most important principles include the following: (1) effective allocation among the different local government units of their respective powers, functions, responsibilities and resources; (2) local officials and employees paid wholly or mainly from local funds shall be appointed and removed by the appropriate appointing authority; (3) effective mechanism for ensuring the accountability of local government units to their respective constituents shall be strengthened; (4) local autonomy shall be facilitated through improved coordination of national government policies and programs and extensions of adequate technical and material assistance to less developed local units; and the participation of the private sector in local governance shall be encouraged (Sec.3). Devolution and Decentralization of Services in Local Government a.Services b.Finance c.Autonomy d.Functions e.Participatory Governance

PROPOSALS ON PHILIPPINE FEDERALISM There are two existing proposals in the transformation of our current Unitary and Centralized Republican Presidential Form of Government. The proposals of Prof. Jose V. Abueva and Senator Aquilino Nene Pimentel Jr. are the pattern for the Philippines to achieve a Federal State. Proposal of Prof. Jose V. Abueva Based on the principles of dual sovereignty, popular sovereignty and subsidiarity The Federal Republic of the Philippines with a Parliamentary Government Bangsamoro, Davao Region and Central Mindanao, Zamboanga Peninsula and Northern Mindanao, Central and Eastern Visayas, Western Visayas and Palawan, Bicol, Southern Luzon, NCR, Central Luzon, Cordillera and Northern Luzon Main Features Government Institutions Delegation of Powers Procedure to revise the 1987 Philippine Constitution Proposal by Sen. Nene Pimentel Based on the reason of economic development and lasting peace in Mindanao Decentralization and Federalism focused of the proposal The Federal Republic of the Philippines Northern Luzon, Southern Tagalog, Bicol, Eastern Visayas, Central Visayas, Western Visayas, Northern Mindanao, South Eastern Mindanao and Bangsamoro Main Features Government Institutions Delegation of Powers Procedure to revise the 1987 Philippine Constitution

FEASIBILITY OF A FEDERAL STATE OF THE PHILIPPINES Philippine Culture being a diverse one a. Philippine Political Culture b. Philippine Regionalism Philippine Geography Collusion of Powers between the Central Government and Federal States

SUMMARY, CONCLUSION AND RECOMMENDATION BIBLIOGRAPHY