WHAT ARE THE POSSIBLE EFFECTS OF A FEDERAL

FORM OF GOVERNMENT IN THE PROTECTION

AND MANAGEMENT OF NATURAL RESOURCES?

One of the main problem the country is facing

today is the increasing
SECTION 1. The Philippines has sovereignty over its territory, consisting of the islands and
waters encompassed by its archipelagic baselines, its territorial sea, the seabed, the subsoil,
the continental shelf, and its airspace. It has sovereignty over islands and features outside its
archipelagic baselines pursuant to the laws of the Federal Republic, the law of nations, and the
judgments of competent international courts or tribunals. It likewise has sovereignty over other
territories belonging to the Philippines by historic right or legal title.

SECTION 2. The Philippines has sovereign rights over that maritime expanse beyond its
territorial sea to the extent reserved to it by international law, as well as over its extended
continental shelf, including the Philippine Rise. Its citizens shall enjoy the right to all resources
within these areas.

Leones said it is important to study the proposed Federal Constitution as it may change
the way the country’s environment and natural resources are managed, especially in terms
of natural resource exploitation

In the case of the proposed Federal Constitution, he said there is still a need to study its
potential impact, especially in the case of mining, quarrying or any natural resources
exploitation.

SECTION 18. The Federal Republic shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm and harmony of nature.

SECTION 19. The Federal Republic shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism, accelerate
social progress, and promote total human dignity, security, liberation, and
development.
SECTION 23. The Federal Republic shall promote industrialization, comprehensive
rural
agri-industrial development, and agrarian reform with effective support services.

SECTION 24. The Federal Republic recognizes, promotes, and protects the rights of
indigenous peoples within the framework of national unity and development.

C. ENVIRONMENTAL AND ECOLOGICAL RIGHTS

SECTION 28. Every person in every generation has the right to:
(a) A healthful environment and a balanced ecology, clean air, clean water, clean soil,
and
clean surroundings;
(b) Be protected from and seek compensation for damage to environment and ecology
that is
brought about by illegal and unsustainable exploitation of natural resources; and
(c) Seek immediate relief from the courts and appropriate governmental bodies through
the
writ of kalikasan and other protective writs against activities that threaten the
environment
and ecological balance.
All doubts shall be resolved in favor of the right of the people to a healthful and
balanced
ecology.

Federalism is a slippery-slope and is virtually irreversible. Instead, why don’t we take

the path of a purposive implementation of the Constitution to address poverty and
inequality? And the demands of good governance. Given the depth of these problems,
studies show that the social reforms and re-distribution programs should remain in a
strong central government because of the need for massive funding that the poor LGUs
cannot afford and the need for uniformity. Otherwise, there might be major differences
among LGUs to the detriment of the poor. But there can be full decentralization of
functions and devolution of powers and resources on the delivery of government
services and for local development, which is consistent with the mandate of local
autonomy in the Constitution. This can be done simply by amending the Local
Government Code and other laws like the mining and education laws and enacting
corrective legislation. (The LGUs should be given a major share of the revenues from
mining which extracts and exhausts the natural resources in their areas.)

In closing, may I say that I believe President Duterte’s heart is for the poor and he is good at addressing
the everyday concerns of the people. The farmers and other marginalized groups I represent idolize
him for his policy directions on agrarian reform and the environment. But he is not exactly in his
elements on critical thinking on strategies, policies and programs for human development. Yet he is in a
hurry to shift to federalism and he is also talking about shifting to a parliamentary system, about the need
of martial powers to address lawlessness and about changing the limitations on foreign ownership. These
are far-reaching structural changes in the Constitution for which he would exploit his high approval
ratings by asking the people to trust him totally on their urgency and scope – the full range of which he
has not even disclosed. This is dangerous demagoguery. I hope that federalism is not a trojan horse for
other agenda, even if the President is well-meaning in helping the poor. He is also 71 years old and his
choice of a successor leaves much to be desired.

-http://www.mindanews.com/mindaviews/2016/11/commentary-on-federalism/

Basically, Federal Authority retains the power and authority ove r monetary, war
declaration and environmental protection.
my assessment is that the main winners under this Constitution are human rights, the presidency
(but in a way that is not necessarily good for the country), anti-dynasty reforms, political parties,
lawyers, and the Federal Commissions.
The biggest losers under the proposed constitution are local governments, the Senate as we know it,
the the judiciary, and most serious of all the economy and social justice.
Human rights is advanced in the proposed constitution which introduces novel principles and
concepts. As I wrote early in this series, social and economic rights, are explicitly recognized in the
bill of rights, including the right to adequate food; universal and comprehensive healthcare; quality
education; adequate and decent housing; livelihood and employment opportunities. A new section
on Environmental and Ecological Rights states that every person has the right to a healthful
environment, clean air, clean water, clean soil, and clean surroundings; to seek compensation for
damage to the environment; and to seek "immediate relief" from courts through the writ of kalikasan
and other protective writs.

In the proposed Federal Philippines, the concurrent list or the powers that are shared
between the National and the State Governments include health, education, sports
development, environmental protection, energy, tourism and roads and highways.