This paper by Ronald J- Debate on Federalism.docx

8/19/2019 This paper by Ronald J- Debate on Federalism.docx

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This paper by Ronald J. May appeared in Autonomy & Peace Review October-December !!"

issue. Ronald J. May is #meritus $ellow% tate% ociety and 'overnance in Melanesia Pro(ram and

)onvenor% )entre *or )on*lict and Post-con*lict tudies% Asia Paci*ic% The Australian +ational

,niversity.

The Philippines is a unitary state, but one with a high degree of decentralization and a history of

experimentation with autonomy arrangements. In recent years there has been a growing belief that

federalism offers a means of dealing with ongoing problems of regional dissidence and promoting popular

participation in government. In 200, in her !tate of the "ation address, President #acapagal$%rroyo

announced her intention to initiate a constitutional review and endorsed the federal option. This paper

loo&s briefly at the history of separatism, autonomy and decentralization in the Philippines, traces the

federalist idea in the Philippines, reviews the ongoing debate, and suggests that the case for a federal

system in the Philippines has yet to be established.

Decentraliation and autonomy in the Philippines an overview

The colonial e/perience

'hen the !panish colonizers arrived in the Philippines in the sixteenth century, !pain(s civil and religious

authorities created an hierarchical administrative structure based on indigenous barangays )communities

of around *0$+00 families, headed by a datu, municipalities, and provinces.

In parts of the Philippine islands, particularly in #indanao and the !ulu %rchipelago, the !panish

encountered well$organized #uslim communities within established sultanates. Products of their

-uropean history, the !paniards promptly termed these people #oros( and launched a series of military

campaigns against them. In #inadanao and !ulu, however, they met strong resistance from the #oros,

and were never able to integrate these islands into the !panish colonial regime. In other areas, also,

indigenous people resisted !panish rule, either militarily or by withdrawing into the hinterland. !uch

groups were referred to by the !panish as infieles( or tribus independientes(, and later were identified as

tribal minorities( or cultural communities(.

'hen, in +//, the 1nited !tates too& over the Philippines, following the !panish$%merican 'ar, they

essentially maintained the administrative structure )and the religiously$defined ethnic hierarchy

established by !pain. In +0+ a ureau of "on$3hristian Tribes )subse4uently renamed -thnological

!urvey of the Philippines was created, to gather information on the non$3hristian people of the

Philippines )including the #oros with a view to determining the most practicable means for bringing


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about their advancement in civilization and material prosperity( )4uoted in 5owing +66786. The

following year a bill passed by the 1! 3ongress recognized the distinction between the #oros, Pagans

and 3hristian 9ilipinos and the conse4uent necessity for providing different forms of government for the

different people( )ibid.762.

1nder the %mericans, a more intensive military campaign against the #oros put an end to hopes of #oro

sovereignty. Initially, administration of the #oro homelands in #indanao and !ulu was placed in the

hands of the 1! %rmy, though in +0* an assistant chief of the ureau of "on$3hristian Tribes )a !yrian$

born %merican was appointed as %gent for #oro %ffairs. The same year, a special #oro Province was

created, under the supervision of the civil governor of the Philippine Islands and the Philippine

3ommission )the administrative arm of the colonial regime but until ++* headed and predominantly

staffed by army officers. The #oro Province comprised five districts )!ulu, 3otabato, :avao, ;anao and

i.e. national? politics( ):ean artlett, cited in 9ry +/*.

%round this time there was some agitation for the administration of non$3hristian tribes to be handed

over to 9ilipino provincial and municipal officials. The %merican secretary of the interior, :ean

'orcester, however argued that despite their common racial origin(, the gap between the 9ilipino, theIgorot and the #oro was very great, and that to hand over control of the non$3hristian tribes to 9ilipinos

would speedily result in disaster( )@eport of the Philippine 3ommission, +0$+++, cited in ;opez

+687++*. "evertheless, from ++A responsibility for non$3hristian tribes, though nominally in the hands

of the secretary of the interior, was exercised increasingly by provincial and municipal authorities.


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:issatisfaction with these arrangements resulted three years later in the reconstitution of the ureau of

"on$3hristian Tribes. The ureau was given responsibility for both tribal areas and, until its demise in

+20, the :epartment of #indanao and !ulu )which as well as the #oros contained many tribal people,

now &nown as , ;umad. etween ++6 and +* the ureau of "on$3hristian Tribes retained nominal

control over the non$3hristian groups, though responsibility progressively shifted to the Philippine

;egislature. 9ollowing the establishment of the Philippine 3ommonwealth in +*, the ureau of "on$

3hristian Tribes was abolished. The administration of non$3hristian tribes passed to the :epartment of

the Interior, though the special circumstances in the south were recognized in the creation of a

3ommission for #indanao and !ulu. >+* datus( petition?

The historical arrangements briefly outlined here reflected the perception of the colonial administration

that some degree of regionally$based autonomy was needed to safeguard the interests of the #uslim and

tribal people of the Philippines. %fter +* the special arrangements lapsed in the drive for national

integration. 9our decades later, however, regional autonomy arrangements were revived.

Muslim and )ordillera autonomy

In the late +80s an Islamic resurgence in the south, coupled with growing tensions associated with

massive inmigration to #indanao from the northern, 3hristian, provinces and encroachment on traditional

#uslim and tribal lands, produced an outbrea& of armed conflict, in which the Philippine government,

supported by various 3hristian militias and private armies, confronted #uslim insurgents under the

banner of the #oro "ational ;iberation front )#";9. The principal demand of the #";9 was for an

independent angsa #oro in the twenty$six >B? provinces of #indanao, !ulu and Palawan, though under

pressure from the Crganization of Islamic 3onference )CI3 the demand for independence was eventually

scaled down to one of autonomy in the thirteen provinces of traditional #uslim dominance. % ma=or

problem was that, by the end of the +80s, as a result of inmigration, #uslims were a ma=ority in only

five of the thirteen provinces.

9ollowing a negotiated ceasefire in +68, the Philippine government of President #arcos and the #";9

signed an agreement, in Tripoli, which provided for autonomy in the thirteen provinces. :isagreements

over implementation of the Tripoli %greement )particularly the #arcos government(s insistence that the proposed autonomy be sub=ect to a plebiscite in the provinces covered by the agreement, however, led to

the #";9(s withdrawal from the peace negotiations. The plebiscite process nevertheless went ahead,

without the participation of the #";9 and its supporters, and two autonomous regional governments

were set up in administrative regions ID )'estern #indanao and DII )3entral #indanao E though they

lac&ed popular support and ade4uate resources.


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The #arcos presidency also saw the growing politicization of tribal 9ilipinosFcultural communities,

particularly in the 3ordilleras where an armed insurgency, led by the 3ordillera Peoples %lliance and

supported by the 3ommunist "ew Peoples %rmy, emerged, primarily to resist encroachments on ancestral

land.

9ollowing the People Power @evolution( of +/8 a new constitution made special provision to create

areas of autonomy in #uslim #indanao and !ulu )the %utonomous @egion of #uslim #indanao,

%@## and northern ;uzon )the 3ordillera %utonomous @egion, 3%@, and assigned to them a range

of legislative powers.>+? !elf$exiled #";9 leader "ur #isuari returned to the Philippines in +/8 to ta&e

part in tal&s with President %4uino, but the two failed to reach an agreement on the content of the

proposed #uslim autonomy.

The +/6 constitution provided that 3ongress legislate an organic act for each region, with the assistance

of a regional consultative commission created for this purpose. %t least in the case of the %@##, the

implementation of the constitutional provision was a deeply flawed process, but by +/ an organic act

had been drafted and put to a plebiscite in the thirteen provinces and nine cities of central and western

#indanao and !ulu listed in the Tripoli %greement, on the basis that only those provinces and cities

voting to do so would become part of the %@##. The #";9 )which by then had split into three

factions boycotted the poll, and in the event only four provinces );anao del !ur, #aguindanao, !ulu and

Tawi$Tawi and no cities voted to =oin the autonomous region. %s with the regional governments

established earlier under the #arcos government, the %@## thus lac&ed popular legitimacy and, with

limited authority and funding, proved largely ineffective. In the 3ordilleras, an Interim 3ordillera

@egional %dministration was established in +/8, but there too the consultative process proved

acrimonious. %n organic law was eventually drafted and submitted to plebiscite in +0, but of the five

provinces and one city in the region only one province )Ifugao voted for the autonomous region.

In +2, following the election of President 9idel @amos, negotiations with the #";9 were reopened,

with the Crganization of Islamic 3onference )CI3 playing a facilitative role. These initiatives culminated

in +8 in the signing of a Peace %greement between the Philippine government and the #";9. The

agreement, which was subtitled The 9inal %greement on the Implementation of the +68 Tripoli%greement(, provided for the creation of a !pecial


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a :arul Iftah )religious advisory council appointed by the !P3P: chair, and for the integration of 600

former #";9 )angsa #oro %rmy fighters into the %rmed 9orces of the Philippines and the Philippine

"ational Police.

Potential =urisdictional problems between the %@## and the !P3P: were avoided when #isuari,

having returned from them #iddle -ast, was appointed chair of the !P3P: and subse4uently elected

governor of the %@##. However, a crucial provision of the +8 Peace %greement was that which

re4uired a referendum, to be held within two years of the establishment of the !P3P:, see&ing approval

to extend the %@## to cover the area of the !


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In +6, the year after the #oro peace agreement, the Philippine 3ongress legislated to create the

3ordillera %utonomous @egion and another plebiscite was held. The plebiscite again failed to approve

the 3%@, which continues to operate as one of the country(s seventeen administrative regions.

The long saga of attempts to use autonomy arrangements as a means of dealing with ethnic cleavages and

ethno$regional separatism in the Philippines thus provides little ground for optimism. It is against this

bac&ground that from around the late +0s the idea of federalism began to gain support in the

Philippines.

Administrative decentraliation and the 0ocal 'overnment )ode12

%s noted above, the !panish colonial regime established an administrative structure based on the

barangay, with municipalities and provinces between the barangays and the central government. This

structure was broadly maintained by the 1!, though with the special arrangements described above for

the #oros and other non3hristian tribes, and the broad features of this system were inherited by the

independent republic in +A8.

%fter independence, a measure of decentralization was enacted through the ;ocal %utonomy %ct, the

:ecentralisation %ct and other legislation, but the local government units );51s E the barangays,

municipalities and provinces were supervised through the Cffice of the President and governance

remained strongly centralized. %t the municipal and provincial level, however, politics was fre4uently

dominated by prominent local families. :uring the #arcos presidency )+88$+/8 there were further

moves to decentralize7 the martial law constitution( of +6* guaranteed and promoted( the autonomy of

;51s a system of barangay democracy( was introduced by presidential decree and a ;ocal 5overnment

3ode was enacted in +/*. ut in practice, even though the Philippine state remained fairly wea&,

political power was centralized, with patronage networ&s used to ensure the compliance of local officials.

%lso, in +62 the #arcos government created a structure of eleven regions, as a basis for economic

planning and general administration.

9ollowing the People Power @evolution, a new ;ocal 5overnment 3ode was enacted in ++ which

provided for a substantial decentralization of responsibility for the delivery of basic services in health,

education, social welfare, agriculture, public wor&s, and environment and natural resources, with a

corresponding increase in the allocation of funds to ;51s. @eflecting the new government(s commitment

to people empowerment(, the ++ 3ode also provided for enhanced participation in local governance by

"5Cs and PCs )people(s organizations and the private sector generally. %mendments to the 3ode in

+ strengthened the decentralization of the system.


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In the words of the ;ocal 5overnment 3ode, ++ the barangay serves as the primary planning and

implementing unit of government policies, plans, programs, pro=ects and activities in the community, and

as a forum where the collective views of the people may be expressed, crystallised and considered, and

where disputes may be amicably settled(. -ach barangay has a legislative body )sangguniang barangay

comprising the chief executive )punong barangay, seven elected members and the chair of the local

youth organization. The 3ode also provides for a barangay assembly, composed of all residents of the

barangay aged over fourteen years, which is re4uired to meet at least twice a year to consider reports of

the sangguniang and discuss problems affecting the barangay itmay initiate legislation. 9ormal

provision is made for local dispute settlement. %t present there are about A,000 barangays.

%bove the barangays are municipalities, whose function is stated to be primarily as a general purpose

government for the coordination and delivery of basic, regular and direct services and effective

governance of the inhabitants within its territorial =urisdiction(. -ach municipality is headed by a mayor

and a vice mayor, and has its own legislature )sangguniang bayan comprising elected members from the

municipality(s barangays, the presidents of the municipal league of barangays and youth federation, and

three sectoral representatives. The vice mayor presides over the sangguniang while the mayor exercises

general supervision and control over all programs, pro=ects, services, and activities of the municipal

government(. %lthough formally responsible to the sangguniang bayan, the mayor has always been a

powerful local figure in Philippines politics, and the ;ocal 5overnment 3ode gives the municipality, and

its chief executive, extensive powers. 3urrently there are +A* municipalities.

3ities in the Philippines are divided into two categories7 highly urbanized cities( and component cities(.

oth are described, li&e municipalities, as serving as a general purpose government(. -ach city is headed

by an elected mayor and vice mayor. The latter presides over a sangguniang panlungsod, whose

composition mirrors that of other local assemblies. The mayor, as chief executive, has powers parallel to

those of other chief executives of ;51s. There are 8 highly urbanized cities, which are independent of

provincial authority and exercise e4uivalent functions and responsibilities. 3omponent cities )of which

there are many come under the supervision of the provinces and are similar in structure and function to

municipalities.

Provinces are at the top of the ;51 structure.There are 6 of them. -ach is headed by an elected governor

and vice governor and has a legislature )sangguniang panlalawigan composed of elected members from

the provinces, municipalities and component cities, the presidents of the provincial barangay federation

and the provincial youth federation, and three sectoral representatives. The vice governor presides over

the sangguniang, while the governor appoints all officials and employees whose salaries derive from


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provincial funds. The provincial governor is a person of significant power and authority in the

Philippines, and an important lin& between the national government and the municipalities. -ven at the

provincial level, higher offices are fre4uently dominated by powerful local dynasties, notwithstanding

post$+/8 legislation designed to reduce the political power of local elite families.

%uthority to exercise general supervision( over ;51s resides with the president, but is delegated through

the :epartment of Interior and ;ocal 5overnment. %ll ;51s have exclusive powers to raise revenue

from specified taxes, fees and charges, and may raise loans, accept overseas development assistance, and

participate in certain =oint$venture business operations. However, the ma=ority of ;51 funding )currently

around 80 per cent comes from unconditional bloc& grants from the national government.

%fter a good deal of initial enthusiasm for the ++ ;ocal 5overnment 3ode, critics of the

decentralization arrangements were 4uic& to emerge. It was noted that provisions for representation of

civil society organizations had not always been implemented, that local development councils and other

bodies were often ineffective, and that local youth councils were fre4uently dominated by the children of

the political elite )see, for example, Turner +. 3ritics on the left argued that the 3ode had simply

delivered greater power to local dynasties and warlords(. 5enerally, however, assessments of the

decentralization initiatives of ++ and + have been positive indeed, in announcing her support for

federalism in 200, President #acapagal$%rroyo specifically referred to the success of decentralization in

the Philippines.

It should also be noted that since +62 the administrative regions established by #arcos E named @egion

I to @egion DI )to which was added @egion DII in +6 E have ac4uired some degree of local identity,

and seem to be referred to increasingly by locality )for example, @egion I )Ilocos(, @egion II )3agayan

Jalley(, etc. #oreover, recent additions )there are now seventeen regions have been given titles )mostly

acronyms from the constituent provinces which identify them with the locality E %@##, 3%@, "ational

3apital @egion )"3@, 3araga )@egion DIII, 3%;%%@


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:uring the Philippines @evolution against !pain, the first Philippines @epublic established at ia&$na$

ato by revolutionary leader 5eneral -milio %guinaldo had a federal constitution. The republic lasted

only six wee&s, its leaders going into exile in Hong Kong, but when %guinaldo returned the following

year to proclaim Philippines independence the ia&$na$ato federal constitution was revived. The

#alolos 3onstitution( approved by the @evolutionary 3ongress in +/, however, was not federal,

though %guinaldo recognized the separate status of the #oros and proposed that the new government be

empowered to negotiate with the #oros for the purposes of establishing national solidarity upon the

basis of a real federation with absolute respect for their beliefs and traditions( )4uoted in 3anoy +/678$

60. The #oros declined negotiation, and in the event the revolution ended when the 1nited !tates too&

control of the Philippines. !everal little republics( set up during the revolution 4uic&ly faded away,

though the "egros @epublic( survived until >+0+B?, anticipating statehood within a federal Philippines

republic. The 1!, despite its own experience of federal government, did not pursue the federal idea.

!eventy years later, delegates to a constitutional convention set up by the #arcos government voiced

some support for a federal system E delegate %ntonio de las %las, for example, argued for a !wiss$style

confederation of twenty autonomous states, and !alvador %raneta proposed )under what he called the

ayani&asan 3onstitution( a federal republic comprising five states, to be introduced in ten to twenty

years.>*? ut in +62 #arcos declared martial law and the constitutional convention lapsed.

9ollowing the People Power @evolution, in +/8 a #indanao People(s :emocratic #ovement )later

renamed #indanao Independence #ovement emerged, with the declared intention of establishing a

9ederal @epublic of #indanao, with proportionate cultural representation( of 3hristians, #uslims and

Highlanders )tribal groupsFcultural communities. The movement was led by #indanao politician and

former #arcos oppositionist @euben 3anoy,>A? who in +/8 was involved in an abortive attempt to set up

an independent state of #indanao )see #ay +27+*6$+*/.

In the late +/0s and early +0s there was some discussion of federalization(, notably in the advocacy

of the political group, 1nlad ayan, led by businessman -nri4ue ?. %nother advocate was %4uilino Pimentel, li&e 3anoy a #indanao politician and former

#arcos oppositionist, who became minister for local government in the %4uino government and was

principal author of the ;ocal 5overnment 3ode of +0, before becoming president of the !enate. In

2000 !enators Pimentel, CsmeMa and 9rancisco Tatad proposed a bill to establish federal government and


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the chair of the !enate 3ommittee on 3onstitutional %mendments, !enator #iriam :efensor$!antiago,

promised to call for a constitutional convention to consider the proposal, but the initiative lapsed.

%bout this time also, political scientist and former university of the Philippines president, Lose J. %bueva

published a seminal article which supported a shift to a 9ederal @epublic of the Philippines with a

parliamentary government, and presented a draft constitution for such a republic )%bueva 200+ also see

%bueva 2000, 200. %bueva(s proposal was presented to a #indanao !ta&eholders 9orum in 3agayan de

Cro 3ity in 200+. In #indanao two civil society organizations, ;ihu& Pideral and Kusog #indanaw

emerged to push for a federal system these gave birth to the national 3itizens( #ovement for a 9ederal

Philippines )3#9P, which was launched in #anila in 9ebruary 200*. Cver the following years the idea

of federal government has gained ground. The Konrad %denauer 9oundation, the 3anadian government,

and the 5erman government have sponsored wor&shops to discuss federalism, and a range of "5Cs has

supported the idea.

#ost prominent in the advocacy of federalism has been the 3#9P, convened by former 3ongressman

@ey #agno Teves, who is also secretary$general of Kusog #indanao. 3#9P has a national steering

committee, assisted by a @esource and %dvisory Pool of prominent citizens( headed by :r %bueva, and

international lin&ages. %bueva is now founding president of the Kalayaan 3ollege in #ari&ina )#etro

#anila, which hosts a 9ederalism @esearch Pro=ect. 3#9P has a website )http7FFwww.cmfp.phF, which

includes a primer on federalism(, a number of pro$federalism articles, and a 3#9P :raft 3onstitution

for a 9ederal @epublic of the Philippines with a Parliamentary 5overnment( )based on %bueva(s 200+

draft, but revised to +A 9ebruary 200, edited by %bueva.

Towards the end of the presidency of 9idel @amos, who succeeded People Power( president, 3orazon

%4uino in +2, there were proposals for a review )popularly referred to as charter change( or cha$cha(

of the +/6 constitution. In +6 a Peoples Initiative for @eform and %mendment gathered the

constitutionally re4uired number of signatures )+2 per cent of registered voters to petition for

constitutional amendment, but the petition was dismissed by the !upreme 3ourt. %lthough @amos had

generally been considered a good and effective president, the suggestion of a charter change generated

considerable angst, with a range of groups accusing @amos of see&ing to extend his term in office )under

the +/6 a president may serve only a single seven$year term, and some even suggesting that he was onthe verge of re$imposing martial law.>8? % consultative commission was created in + by @amos(s

successor, Loseph -strada, primarily to loo& at issues of national patrimony and economic reform, but

little progress was made before -strada(s term in office ended prematurely with the threat of

impeachment. Proposals for charter change were revived by incoming president 5loria #acapagal$

%rroyo in 200*. 9ederalism(, she suggested, will empower regional governmentsG.bringing

http://www.cmfp.ph/http://www.cmfp.ph/


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governance and public service closer to the peopleGreducing corruption and ma&ing government more

responsive and accountable to the people(>6?. In the presidential election the following year she promised

if elected to shift to a federal constitution as part of a wider constitutional reform. #acpagal$%rroyo was

supported by House of @epresentatives !pea&er Lose de Jenecia, who in 200 told an international

conference on federalism that 9ederalism is the best antidote to secession and separatism >in the

Philippines?( he described federalism as the wave of the future(, and recommended it for Ira4 and

#yanmar >/?. In 200A 3onstantino Laraula, chair of the House 3ommittee on 3onstitutional %mendments,

introduced a concurrent resolution calling for constitutional change E specifically including a shift from a

presidential and unitary system to a parliamentary and federal system. There followed a period of

contention between members of the house, who favoured convening 3ongress as a constituent assembly,

and senators, who mostly demanded a constitutional convention.

-ventually, in her state of the nation address in Luly 200, President #acapagal$%rroyo suggested that it

was time to start the great debate on charter change(. The president went on to say7

The economic progress and social stability of the provinces, along with the increasing self-reliance

and efficiency of political developments and public services there, make a compelling case for

federalism.

Perhaps it’s time to take the power from the center to the countryside that feeds it.

In %ugust 200 President #acapagal$%rroyo appointed a 3onsultative 3ommission )3on3om to conduct

consultations and studies and propose constitutional amendments and revisions, principally the proposals

to shift from the presidential$unitary system to a parliamentary$federal system of government(>?. The A$

person commission, chaired by Professor %bueva, reported in :ecember 200 )see below.

There appeared to be a good deal of support for the proposed parliamentary$federal charter change

nevertheless, as happened with former president @amos, there was also some strong opposition. President

#acapagal$%rroyo has been accused by her critics of cheating( in the 200A presidential election )which

she won by a fairly narrow margin and there have been allegations of corruption against her husband. In

the cynical climate of Philippine politics, her opponents have accused #acapagal$%rroyo of using charter

change as a political diversion and, having failed in an impeachment bid, called on her to step down.

Perennial rumours of an imminent military coup surfaced again in the latter part of 200. In the event,

however, these moves have not derailed the charter change process.

The debate


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'hy federalismB

%n annotated 3#9P draft constitution, edited by the 3#9P(s advisory committee chairman, %bueva, lists

six advantages of federalism7

First, a Federal republic will build a just and enduring framework for peace through unity in

our ethnic religious, and cultural diversity, especially in relation to angsa !oro or !uslim

Filipinos. "esponsive Federalism will accommodate their legitimate interests, end the war

in !indanao, and discourage secessionism.

#econd, Federalism will empower our citi$ens by enabling them to raise their standard of

living and enhance their political awareness, participation and efficacy in elections and themaking of important government decisions. %overnance will be improved and corruption will

be reduced&.

Third, Federalism will improve governance by empowering and challenging #tate and local

leaders and entrepreneurs around the country&.the people will be more willing to pay ta'es

that will finance government programs and services for their direct benefit.

Fourth, Federalism will hasten the county’s development&.There will be inter-#tate and

regional competition in attracting domestic and foreign investments and industries,

professionals and skilled workers, good teachers and scholars, artists, and tourists. (

renaissance of regional languages and cultures will enrich the national language and culture.

The Federal %overnment will help support the less endowed and developed regions, and the

poor and the needy across the land&.

Fifth, Federalism, together with parliamentary government, will improve governance

promoting the development of program-oriented political parties that are responsible and

accountable t the people for their conduct and performance in and out of power.

#i'th, Federalism will broaden and deepen democracy and make its institutions deliver on the

constitutional promise of human rights, a better life for all, a just and humane society, and

responsible and accountable political leadership and governance )*!FP +raft *onstitution

February /0-1.


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% Primer on 3onstitutional @eformF9%N >fre4uently as&ed 4uestions?( by the Institute of Popular

:emocracy, headed by academic activist Loel @ocamora, as&s, 'hy a federal system of government in

the PhilippinesB( and 'hat are the advantages of 9ederal !ystem of 5overnmentB(. It answers7

The present unitary and centrali$ed form of government of the Philippines is a remnant of its

colonial past. 2t continues to be used as a tool for domination and control&.

&the federal system will foster closer dialogue and interaction between the people and

regional leaders because the locus of power is physically closer to the people and it provides a

list of advantages similar that of the *!FP.

The specific expectation that federalism would help solve the #indanao conflict has been a recurring

theme in the discussion. It is an argument that has been made by Pimentel and by Teves, and also by prominent #uslim lawyer and former 3ongressman :atu #ichael #astura, who described federalism as

the antidote to secession(>+0? more importantly it is a view that was endorsed as early as +6 by

#";9 leader #isuari and also by the late #I;9leader !alamat>++?, and more recently by the 1lama

;eague of the Philippines>+2?, the chair of the Islamic :irectorate of the Philippines )#acapanton

%bbas, the #indanao ishops$1lama 3onference, the attorney general of the %@## )Lose ;orena, and

the newly formed #uslim #ovement for 9ederal Philippines chaired by 9arou& !ampao. ;orena, for

example, argues that under the present autonomy arrangements the %@## is treated as a local

government under the supervision of the national government, whereas in a federal system it would have

sovereignty within its own sphere of responsibilities. The argument has been 4uestioned, however, by

#indanao$based lawyer and academic enedicto acani )see acani 200*, 200A. acani compares the

powers of the %@## under the present organic law and those under the proposed >3#9P? draft

constitution, and concludes that there are features in the Crganic law that provide for a higher level of

self$determination than in the proposed federal system( perhaps, he suggests, the failure of the present

autonomy lies not in autonomy as a framewor& but in its operationalization )200A7+**.

3hat *orm mi(ht *ederalism ta4e5

%s revised to +A 9ebruary 200, the 3#9P :raft 3onstitution for a 9ederal @epublic of the Philippines

with a Parliamentary 5overnment( envisages a 9ederal @epublic of the Philippines )%ng @epublica

9ederal ng Pilipinas with a federal or national government )5obyerno 9ederal and ten states )-stados.

The proposed ten states are7 angsamoro )%@## 3entral and !outhern #indanao )@egions DI, DII

"orthern and 'estern #indanao )@egions ID and D and 3araga -astern Jisayas )@egion JII 'estern

Jisayas$Palawan )@egion IJ and part of @egion JI icol )@egion J and part of @egion IJ !outhern


14/23

;uzon )most of @egion IJ #etro #anila 3entral ;uzon )@egion III, and "orthern ;uzon and

3ordillera )@egion I and 3%@. )% later >Lune 200? paper by %bueva refers to eleven states, with

"orthern ;uzon and 3%@ becoming separate states. It is proposed to establish a federal capital, "ew

#anila, within the 3lar& !pecial -conomic


15/23

committee on transitory provisions, and holding several regional consultations. It reported on schedule in

mid :ecember.

The 3ommission has recommended a unicameral national parliament, with the ma=ority of members

voted from district constituencies but *0 per cent of members elected on a party list basis. % prime

minister is to be elected by all #Ps, and will appoint a cabinet, at least 6 per cent of whom are to be

#Ps. % presidential head of state is to be elected by #Ps.

Cn the proposed shift to a federal system, however, divisions emerged within the 3ommission. It was

apparent from the outset that several members of the 3ommission had doubts about the federal idea,

though in "ovember %bueva reported that a clear ma=ority( of people consulted strongly or very strongly

favoured a shift to a federal system after a ten year transition )+*?. These differences became more apparent in the days preceding the submission of the

report. Cn :ecember it was reported that one commissioner, 3amaguin Provincial 5overnor Pedro

@omualdo, had said that The federal structure is a beautiful mechanism for fragmenting the country(.

@omualdo argued that resources were lac&ing and without ade4uate resources states could not be effective

as independent entities he cited the %@## as a classic case of failure( and called instead for a

strengthening of ;51s. Cther commissioners suggested that if each state could draft its own legislation it

would be difficult to harmonize laws nationally E even that autonomous states could see& from outside

countries implicated in terrorism activities funding assistance for development(. In the event, it was

reported that the commissioners had unanimously agreed to =un& the mandatory switch to federalism( as

proposed by %bueva and instead approved a gradual constituent$initiated transition to federalism>+A?(.

In fact, the 3ommission(s report ma&es scant reference to federalism, though provision is made for its

eventual realization. In a section on %utonomous Territories( )%rticle DII , the proposed revision of the

+/6 constitution says7

#3*. 4. (n autonomous territory may be created in any part of the country upon a petition

addressed to Parliament by a majority of contiguous, compact and adjacent provinces, highly

urbani$ed and component cities, and cities and municipalities in metropolitan areas through a

resolution of their respective legislative bodies.

2n e'ceptional cases, a province may be established as an autonomous territory based on area,

population, necessity, geographical distance, environmental, economic and fiscal viability and other

special attributes.


16/23

#3*. 45. 6ithin one year from the filing of the bill based upon the petitions and initiatives,

Parliament shall pass an organic act which shall define the basic structure of government for the

autonomous territory, consisting of a unicameral territorial assembly whose members shall be

elective and representative of the constituent political units. The organic acts shall provide for

courts consistent with the provisions of their constitution and national laws.

The creation of the autonomous territories shall be effective when ratified by a majority of the votes

cast by their proposed constituent units in a plebiscite called for the purpose.

The autonomous territory assemblies will have legislative power in the following areas )#3*. 471/

4. (dministrative organi$ation, planning, budget and management8

. *reation of sources of revenues and finance8

5. (griculture and fisheries8

0. 9atural resources, energy, environment, indigenous appropriate technologies and

inventions8

. Trade, industry and tourism8

7. :abour and employment8

;. Public works, transportation, e'cept railways, shipping and aviation8

. 3ducation and the development of language, culture and the arts as part of the cultural

heritage8

4. (ncestral domain and natural resources8

44. =ousing, land use and development8


17/23

4. ?rban and rural planning and development8 and

45. #uch other matters as may be authori$ed by law for the promotion of the general welfare of

the people of the autonomous territory.

In the event of inconsistency between national and autonomous territoryFlocal government laws, the

former will prevail. "o mention is made of concurrent powers.

1nder Transitory Provisions( )%rticle DD, !-3. +, +8, the proposed revision of the constitution

stipulates that within one year and after at least 80 per cent of provinces, highly urbanized cities and

component cities have petitioned through their regional assemblies for the creation of autonomous

territories, parliament will enact the basic law for the establishment of a 9ederal @epublic of the

Philippines, in which the autonomous territories will become federal states. To this end, a constitutional

preparatory commission will be appointed by the prime minister to study and determine all constitutional,

legal, financial, organizational, administrative, and other re4uirements necessary or appropriate for a

smooth and orderly transition to the 9ederal @epublic. !pecial provision is made )!-3. +A for the

%@## to exercise the powers andGbe entitled to benefits given to autonomous territories(.

There is nothing in the proposed revision of the constitution to suggest how many autonomous territories

there should be, or how they should be constituted, and critical issues such as intergovernmental financial

arrangements are left for future discussion.

3ontroversially, the national election scheduled for 2006 is now to be held in 20+0. In the meantime,

members of House and the !enate will become members of an interim parliament, which will elect an

interim prime minister, and the president will appoint a cabinet from among the #Ps. %mendment or

revision of the +/6 constitution may be proposed by a 6 per cent vote of all members of 3ongress or a

constitutional convention ratification re4uires a ma=ority of votes cast in a plebiscite.

3ill *ederalism wor45

3onsidering the apparent groundswell of support for a federal system in the Philippines )at least prior to

:ecember 200, it may seem churlish to 4uestion the idea. "evertheless, for anyone familiar with the

history of federal experiments in the latter half of the twentieth century, it is difficult to avoid the

impression that the advantages claimed for federal over unitary systems read more li&e statements of faith

than reasoned arguments. This is the more so given the long history of unsuccessful autonomy


18/23

arrangements in the Philippines, and the already high degree of decentralization )at least on paper

prescribed by the amended ;ocal 5overnment 3ode.

If autonomy arrangements specifically directed to the demands of Philippine #uslims, and arising from

negotiations intended to secure a peaceful settlement to the armed conflict, have fallen short of

expectations and failed to produce a lasting settlement, what chance is there that the establishment of ten

or so states in a federal republic will, incidentally, solve the #oro problem(B>+? #ost of the prospective

benefits claimed E the ability to use shari(ah law )with safeguards for non$#uslim minorities, the

boosting of local cultures, greater popular participation in politics, the possibility of pursuing appropriate

development paths, and the promise of fiscal redistribution E are all available under existing political

arrangements. If the 3%@ has twice re=ected autonomy, why should federalism be any more attractiveB

If decentralization to provinces, cities, municipalities and barangays has failed to deliver sufficient

participation, transparency, accountability, fiscal redistribution, competition, and chec&s on corruption,

why should the creation of another layer of government do soB %lthough %bueva and @ocamora have

made some attempt to rationalize their list of advantages for federalism, the case has not been strongly

argued. !ocial engineering, through a shift from unitary to federal government, will not necessarily

change entrenched patterns of political behaviour indeed )as with the decentralization of +0 the

transfer of powers and functions to states may well strengthen the position of local elite families. !ome

cynics argue that this has been one source of the demand for federalism.

#oreover, some of the bigger, and more intractable, 4uestions have yet to be addressed. The 4uestion of

how many states and how they are constituted is unli&ely to resolved easily )though the 3#9P proposals

for ten or eleven states provide a good starting point. %nd, as in federal and federal$type systems

everywhere, the 4uestion of intergovernmental fiscal relations will be vexed )as it already is under the

;ocal 5overnment 3ode. The 3#9P claims that, The 9ederal 5overnment will help support the less

endowed and developed regions, and the poor and the needy across the land(, but to date there is little

historical basis for such optimism.

%t the same time, some of the opposition to federalism which emerged in the final stages of the

3onsultative 3ommission(s wor& in :ecember 200 seemed to derive more from ignorance )or more

venal motives than from a reasoned assessment of arguments.

The push for federalism, largely as a response to ethnic or regional tensions, is en=oying something of a

renaissance, from !olomon Islands to Ira4 E though there is little evidence that those espousing it have

referred to the literature on failed federalism in the second half on the twentieth century )see, for example

9ranc& +8/ Hazlewood +86 #ay +60 etc. 'hether or not the Philippines will be a federal republic


19/23

in 20+0 remains to be seen. 3ertainly the 3#9P(s proposals that there be a transitional period to develop

support for the idea, and that the achievement of statehood be geared to individual states( capabilities

)though li&ely to prove contentious are to be commended. In the meantime, if the issues do not get lost

in the personalistic politics that has characterized the Philippines for some decades, there should be some

interesting debates.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Re*erences

%bueva, Lose J., 2000. @Transforming our unitary system to a federal system/ a

pragmatic, developmental approach’ . ):ownloaded from 3#9P website.

%bueva, Lose J., 200+. @Towards a Federal "epublic of the Philippines’ , IP >Integrated

ar of the Philippines? ;aw Lournal 26)27+$*0.

%bueva, Lose J., 200. @#ome advantages of federalism and parliamentary government

for the Philippines’ . ):ownloaded from 3#9P website.

%raneta, !alvador, +82. @Aur constitutional heritage’ , Philippines ;aw Lournal

*6)*7A*$AAA.

acani, enedicto @., 200*. @Federalism vs. autonomy/ roadmaps to peace’ . %@##

@oundtable !eries "o.8. 3otabato 3ity7 "otre :ame 1niversity.

acani, enedicto @., 200A. eyond Paper (utonomy. The *hallenge in #outhern

Philippines. 3otabato 3ity7 3enter for %utonomy and 5overnance, "otre :ame

1niversity 3ollege of ;aw.

uendia, @izal 5., +/. @The prospects for federalism in the Philippines/ a challenge to

political decentrali$ation of the unitary state’ , Philippine Lournal of Public %dministration

**)2+2+$+A+.

3anoy, @euben @., +/6. The Buest for !indanao 2ndependence. 3agayan de Cro7

#indanao Post Publishing 3ompany.


20/23

:e 5uzman, @aul P., @eforma, #ila #. and Panganiban, -lana #., +//. @:ocal

government’ , in de 5uzman and @eforma )eds 1, %overnment and Politics in the

Philippines. !ingapore7 Cxford 1niversity Press, pp. 206$2A0.

:e Jenecia, Lose, 200. @Federalism as the wave of the global future. !tatement of Hon.

Lose de Jenecia, Lr., !pea&er of the House of @epresentatives, @epublic of the

Philippines. Third International 3onference on 9ederalism at the - u r o p e a n

Parliament, russels, * #arch 200(. 1npublished paper.

9ranc&, T.#. )ed., +8/. 'hy 9ederations 9ail. (n 2nCuiry into the "eCuisites of

#uccessful Federalism. "ew Oor&7 "ew Oor& 1niversity Press.

9ry, Howard T., +/*. ( =istory of the !ountain Province. Nuezon 3ity7 "ew day

Publishers.

5owing, Peter 5., +66. !andate in !oroland . The %merican 5overnment of #uslim

9ilipinos +/$+20. Nuezon 3ity7 Philippine 3enter for advanced !tudies, 1niversity of

the Philippines !ystem.

Hazlewood, %. )ed., +86. (frican 2ntegration and +isintegration. 3ase !tudies in

-conomic and Political 1nion. ;ondon7 Cxford 1niversity Press.

;opez, Jioleta ., +68. The !angyans of !indoro/ (n 3thnology. Nuezon 3ity7

1niversity of the Philippines Press.

#ay, @.L., +60. @+ecision making and stability in federal systems’ , 3anadian Lournal of

Political !cience *)+76*$/6.

#ay, @.L., +2. @The wild west in the south/ a recent political history of !indanao’ , in

#ar& Turner, @.L. #ay and ;ulu @espall Turner )eds, #indanao7 ;and of 1nfulfilled

Promise. Nuezon 3ity7"ew :ay Publishers, pp.+2$+A8.

#ay, @.L., 2002. @%overnance and social safety nets in the Philippines( in C-3:, Towards

%sia(s !ustainable :evelopment. The @ole of !ocial Protection. Paris7 Crganisation for

-conomic 3o$operation and :evelopment, pp.+$++*.


21/23

@ood, !teven, ++. @+ecentrali$ation, democracy and development’ , in :avid 5.

Timberman )ed., The Philippines. "ew :irections in :omestic Policy and 9oreign

@elations. !ingapore7 Institute of !outheast %sian !tudies, pp.+++$+*.

!antuario, -dmundo, 200+. @Federalism/ antidote to separatismD’ and % crisis needing a

surgical solution(, ulatlat +0, ++ )20$28 %pril and 26 %pril$ * #ay >available

at http7FFwww.bulatlat.comF archiveF?.

!osmeMa, 5audioso 3., ++. +ecentrali$ation and 3mpowerment . #anila7 ;ocal

5overnment :evelopment 9oundation.

Tapales, Proserpina :omingo, 3uaresma, Locelyn 3. and 3abo, 'ilhelmina ;., +/.

;ocal 5overnment in the Philippines7 % oo& of @eadings. Nuezon 3ity7 3enter for ;ocal

and @egional 5overnance and "ational 3ollege of Public %dministration and 5overnance,

1niversity of the Philippines.

Turner, #ar&, +. @Philippines/ from centralism to localism’ , in Turner )ed., 3entral$

;ocal @elations in %sia Pacific. 3onvergence or :ivergenceB Houndmills7 #acmillan

Press, pp.6$+22.

>+? The eight areas listed covered administrative organization sources of revenues

ancestral domain and natural resources personal, family, and property relations urban and

rural planning economic, social, and tourism development educational policies

preservation and development of

cultural heritage and such other matters as may be authorized by law for the promotion

of the general welfare of the people of the region(. @esponsibility for the preservation of

peace and order within the regions was also given to the local police agencies.

>2? This section draws on previously published material in #ay )2002. 9or a moredetailed account see Turner )+, de 5uzman et al. )+//, CsmeMa )++, @ood

)+/, Tapales et al. )+/.

>*? 9or an account of the ayani&asan 3onstitution see ;ina %raneta!antiago on in46.net

posted 2/ Luly 200 ) http7FFnews.in46.netFviewpointsF index.phpB

index+QstoryRidA00. %lso see %raneta )+82.

http://www.bulatlat.com/http://news.inq7.net/viewpoints/http://www.bulatlat.com/http://www.bulatlat.com/http://news.inq7.net/viewpoints/http://news.inq7.net/viewpoints/


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>A? 3anoy(s case for #indanao(s independence, together with a copy of the proposed

constitution, are set out in 3anoy )+/6.

>? Cther members of the CsmeMa clan also supported federalism, notably former 3ebu

governor and presidential candidate -milio ;ito( CsmeMa, who founded the regional

political party P@C#:I and at one stage called for an independent @epublic of 3ebu.

>8? 5eneral @amos had been head of the Philippine 3onstabulary under President #arcos

but, facing arrest, had switched sides to the #arcos opposition in +/8, helping to

precipitate the revolt on -:!%.

>6? http7FFwww.newsflash.orgF200AF02FbeFbe002/00.htm.

>/? !ee de Jenecia )200, summarized at http7FFwww.congress.gov.phFpressFdetails.phpB

pressid8++.

>? -xecutive Crder "o.A* 3reating a 3onsultative 3ommission to Propose the @evision

of the +/6 3onstitution in 3onsultation with Jarious !ectors of !ociety(, + %ugust

200. -C A* was amended by -C A*$ % in Cctober to increase the maximum

membership from fifty to fifty$five.

>+0? Nuoted in !antuario )200+.

>++? %ccording to IslamCnline.net, #isuari has become ambivalent on the sub=ect, and

#I;9 spo&esman -id Kabalu does not support federalism.

!eehttp7FFislamonline.netF-nglishF"ewsF200$0/F2/Farticle02.shtml.

>+2? !ee, for example, Philippine :aily In4uirer * "ovember 200A, p.%+.

>+*? !ee www.news.ops.gov.phFarchives200Fnov0.htm. +A? The 4uotations here are ta&en from the 3onsultative 3ommission(s website, which

provided a daily news coverage of the 3ommission(s wor&

)seehttp7FFwww.concom.phFnewsF .

>+? acani )200A7+*A similarly as&s7 If the angsamoro state is established with the

other states in a 9ederal Philippines, will not the uni4ue reason for its existence as fought

for by the #oros for many years be lost in the broad sweep of a national federal set$upB If

autonomy cannot be made to wor& in one region E the %@## E how can the federal

system bring development to eleven or more statesB In these times of scarcity and need,when not enough budget support can be given the %@##, will the angsamoro state

further lag behind as resources are siphoned off to more developed regionsB(

9ederalism7 % ;egal @esearch. autista, @ianne #ae, -spiritu %drian et. %l. 2A Cctober

200/

http://www.newsflash.org/2004/02/be/be002800.htm.http://www.congress.gov.ph/press/details.php?pressid=611http://www.congress.gov.ph/press/details.php?pressid=611http://islamonline.net/English/News/2005-08/28/article02.shtml.http://www.concom.ph/news/http://www.newsflash.org/2004/02/be/be002800.htm.http://www.congress.gov.ph/press/details.php?pressid=611http://www.congress.gov.ph/press/details.php?pressid=611http://www.congress.gov.ph/press/details.php?pressid=611http://islamonline.net/English/News/2005-08/28/article02.shtml.http://www.concom.ph/news/


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5olda, 5apuz. 200/. Thw 9ederalism :ebate in the Philippines. 9ederalism7 % ;egal

@esearch

5onzales, @ozzalie. 200/. 9ederalism in the 'orld. 9ederalism7 % ;egal @esearch

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