ByNenePimentel
BALANCINGTHEDISTRIBUTIONOF
GOVERNMENTPOWERS(FEDERALISM)
Check against delivery
PRELIMINARYSTATEMENT
2
WHAT IS GOVERNMENT?
Simply put, it is aninstitution of the Statewhere persons vested withgovernment powers andrequisite authoritymaintain law and order inthe territory under itscontrol for the developmentof the peoples residingtherein.
3
INTHISREPUBLIC
DIFFERENT LEVELS OF GOVERNMENT POWERS AREEXERCISED WITHIN ITS TERRITORIAL AND POLITICALSUBDIVISIONS, NAMELY:
1.NATIONAL2.REGIONAL,and3.LOCAL 4
Departments
PURSUANTTOTHEIRINDIVIDUALJURISDICTIONSAS DEFINEDBYTHECONSTITUTIONANDRELEVANTLAWS
THEPOWERSOFTHENAT’LGOVERNMENT
areexercisedmainly by:
5
LegislativeExecutive Judicial
The President and the Vice President, the top two executiveofficials of the government, and the members of our two‐chamberlegislature are elected directly by the qualified voters of the country.
The Republic has a presidential form of government .
Other countries are run by parliamentary governments. There, themembers of the parliament (the law‐making body) are elected directly bythe qualified voters. The Members of Parliament, in turn,elect the executive officials of the land.
Under the Constitution:
6
WHICHISBETTER?ThePresidentialortheParliamentaryformofgovernment?There are so many considerations that must be taken into account to respondto the question adequately, not the least of which is the historical backgroundof either form of government adopted by particular countries.
Examples:
The Presidential Form seems to be working well in the US.
The Parliamentary Form appears to be addressing the basicconcerns of the majority and the minority sectors in India.
[DUE TO TIME CONSTRAINTS, THE QUESTION WILL BE LEFT TO AMORE SUITABLE OCCASION.].
7
AsidefromtheExecutive,Legislative&JudicialDepartments
THERE ARE CONSTITUTIONAL COMMISSIONS THATEXERCISE INDEPENDENT GOVERNMENT POWERSVESTED IN THEM BY THE CONSTITUTION, NAMELY:
8
9
THE COMMISSION ON HUMAN RIGHTS (Article XIII, Sec. 17 et seq.)
TWO OTHER CONSTITUTIONAL BODIES WERE CREATEDBY THE CONSTITUTION AND ALSO VESTED WITHTREMENDOUS GOVERNMENT POWERS THAT ARE MEANTTO BE EXERCISED WITHOUT PARTISANCONSIDERATIONS:
AndTHE OFFICE OF THE OMBUDSMAN (Article XI, Sections 5 et seq.)
THEFOURCOMMISSIONSANDTHEOFFICEOFTHEOMBUDSMAN
CANNOT BE ABOLISHED BY CONGRESS OR BY ACTOF THE EXECUTIVE
THEY ENJOY FISCAL AUTONOMY
THEIR MAIN POWERS ARE DEFINED BY THECONSTITUTION, AND MAY NOT BE DIMINISHED,BUT, MAY BE ADDED TO BY LAW
10
THE NATIONAL (OR CENTRAL) GOVERNMENT HAS THE MOSTPOWERS.
THE REGIONAL GOVERNMENT HAS LESS POWERS THAN THENATIONAL GOVERNMENT, BUT HAS MORE POWERS THAN THE LOCALGOVERNMENTS.
THE LOCAL GOVERNMENTS HAVE THE LEAST POWERS AMONGTHE THREE GOVERNMENTAL CATEGORIES.
UNDER OUR SYSTEM OF UNITARY ANDCENTRALIZED GOV’T THE POWERS THAT AREEXERCISED BY THE DIFFERENT DIVISIONS OFGOVERNMENT ARE SET FORTH BY THECONSTITUTION AND PERTINENT LAWS.
11
1.TheAutonomousRegionofMuslimMindanao(ARMM)
Note:For purposes of our discussion, ARMM issues are given more focus.
TWO RegionalGovernmentsarerecognizedbytheConstitution:
2.TheAutonomousRegionoftheCordilleras(CAR)
12
13
1. TAXATION ‐ must be uniform, equitable &progressive (Art. VI, Sec. 28, Constitution).
2. EMINENT DOMAIN – Power to expropriate privateproperty must be for public use and upon payment ofjust compensation (Art. III, Sections 1 and 9, Constitution)
3. POLICE POWER ‐ Power to deliver public services inhealth, morals, and safety to promote the generalwelfare of the people.
BASICPOWERSOFGOVERNMENTARESAIDTOINCLUDE:
PRESENTSYSTEMOFPHILIPPINEGOVERNMENT
IS UNITARY AND HIGHLY CENTRALIZED Although, certain GOVERNMENT POWERS
ARE NOW SHAREDWITH LGUs
THROUGH
THELOCALGOVERNMENTCODE,andotherlegislations
14
THREEMAJORNAT’LGOV’TDEPARTMENTSARELARGELYAFFECTED
BYTHELGCODE
Agriculture Health SocialWelfare
15
Sec.17ofthe1991LGCodedirectsLGUs:
to deliver basic services and provide facilities currently vestedon them;
to discharge the functions and responsibilities of nationalagencies and offices devolved to them pursuant to this Code,and
to exercise such other powers and … other functions andresponsibilities as are necessary, appropriate, or incidental to(the) efficient and effective provision of the basic services andfacilities enumerated herein.
16
ENVIRONMENTAL ISSUES
NOWALSOAMAJORCONCERNOFLGUslike:
1.Solidwastedisposalsystem;2.Services/facilitiesrelatedtogeneralhygieneandsanitation;3.Implementationofcommunity‐basedforestryprojectsincludingsocialforestryprograms,andsimilarprojects,and
4.Managementandcontrolofcommunalforests.17
Under the LG Code:
Onlyhassupervisorypowers,notcontrol,overLGUsonbehalfofthepresident
As the Department of the Interior, its main functionsdeal with the police.
ITMUSTALSOBEMENTIONEDTHAT:
THEDEPARTMENTOFTHEINTERIORANDLOCALGOVERNMENT(DILG)
18
FOREMPHASIS:
THEGREATLYCENTRALIZED,UNITARYFEATUREOFTHEGOVERNMENTPERSISTS
Despite the passage of the Local GovernmentCode, the system of government of thecountry is still highly centralized andunitary as opposed to the federal system.
19
AMONGOTHERTHINGS:
“THE HIGHLY CENTRALIZED, UNITARY SYSTEM … RESULTED IN AN IMBALANCE IN THE DISTRIBUTION OF RESOURCES AMONG LGUs.”Impliedly, it has fueled the armed rebellion ofMuslim factions in parts of Mindanao against thegovernment, and
HAS HAMPERED THE SPEEDY DEVELOPMENT OF THE LOCALCOMMUNITIES, AND OF THE PEOPLE RESIDING THEREIN.
SOMEPRACTICALCONSEQUENCES
20
HENCE,theproposaltoadopt aconcrete,doable,practicalplan
tospeedupthedevelopmentofthecountryandourpeople,anddissipatethenational
causesofunrestbyinstalling:
THEFEDERALSYSTEM(withapresidentialform)
OFGOVERNMENTIN THEREPUBLIC
21
DISCUSSIONPROPER
1982PROPOSALTOADOPTTHEFEDERALSYSTEM
[NOTE:PRESENTCONSTITUTONNEEDSREVISIONTOACCOMMODATETHEPROPOSAL]
22
Seminal 1982 idea
The plan formally advocated Federalizing thePhilippines in 1982.
The federal idea, then, was seminal in manyrespects.
It was proposed to serve as the basis of a viablealternative to the dictatorship, and bring about adistribution of government powers previouslyconcentrated in the national government for so long.
23
Share power
The proposed solution wasfor the national government toshare power – political andeconomic – with the regional andlocal governments throughout thenation.
PEACEFULLY.
by converting the country into aFederal Republic.
24
Some provisions of the presentConstitution are proposed for retentiondespite the move to federalize thecountry.
25
THERE WILL ONLY BE ONE CONSTITUTIONAmong other things,
there will also be:
One Armed Forces of the Federal Republic
One Flag.
One Central Bank.
One Monetary System.
One Foreign Policy.
One Public Education System.
26
HOWMANYFEDERALSTATESSHALLTHECOUNTRYHAVE?
ITISPROPOSEDTHATTHECOUNTRYSHALLHAVE:
11FEDERALSTATESTO BE CREATED BASICALLY OUT OF THEADMINISTRATIVE REGIONS already existing. By doing so,the identities of every proposed federal state are alreadyknown by and large by the people.
(Note: The island of Negros had not yet been declared as a region when this paper was first prepared; See Slide No. 38)
27
NUMBEROFLGUsWHENTHEPROPOSALWASMADE:
Provinces– 81
Cities – 145
Municipalities– 1,489
Barangays– 42,036
28
Metro‐Manila as a Federal AdministrativeRegion will be treated like Washington D.C., or NewDelhi or Kuala Lumpur.
29
WHATABOUTMETRO‐MANILA?
Metro‐Manila will be convertedinto a Federal AdministrativeRegion covering:
No.ofCities:16No.ofMunicipalities:1(Pateros)No.ofBarangays:1,706
1. The Federal State of Northern Luzon covering:
How many States will Luzon have?
Luzon will have four States, namely:
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
15 15 280 6,752
Tuguegarao Cityasthecapitalofthestate
30
COMBINED TOTAL POPULATION = 9,248,726 COMBINED TOTAL LAND AREA = 6,066,346ha
1. The Federal State of Northern Luzon covering:
Tuguegarao Cityasthecapitalofthestate
31
POVINCES RegionI
IlocosNorte IlocosSur Pangasinan LaUnion
RegionII Batanes Cagayan Isabela Quirino NuevaViscaya
CITIES RegionI
Batac Laoag Candon Vigan SanFernando Aluminos Dagupan SanCarlos Urdaneta
RegionII Tuguegarao Isabela Kawayan Ilagan
CAR Tabuk Baguio
CAR Abra Apayao Kalinga MountainProvince Benguet Ifugao
32
… Luzon States
2. The Federal State of Central Luzon covering:
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
7 14 116 3,102
Tarlac Cityasthecapitalofthestate
COMBINED TOTAL POPULATION = 9,590,223 COMBINED TOTAL LAND AREA = 2,201,490ha
33
2. The Federal State of Central Luzon covering:
Tarlac Cityasthecapitalofthestate
POVINCES RegionIII
Aurora Bataan Bulacan NuevaEcija Pampamga Tarlac Zambales
CITIES RegionIII
Balanga Malolos Mecauayan SanJosedelMonte Cabanatuan Gapan MuñozScienceCity Palayan SanJose Angeles Mabalacat SanFernando Tarlac Olongapo
34
3. The Federal State of Southern Tagalog covering:
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
5 19 123 4,018
… Luzon States
Tagaytay Cityasthecapitalofthestate
COMBINED TOTAL POPULATION = 12,363,411 COMBINED TOTAL LAND AREA = 1,687,151ha
35
3. The Federal State of Southern Tagalog covering:
Tagaytay Cityasthecapitalofthestate
POVINCES RegionIV‐A
Cavite Laguna Batangas Quezon Rizal
CTIES RegionIV‐A
Bacoor Cavite Dasmarinas GeneralTrias Imus Tagaytay TreceMartirez
Biñan Cabuyao Calamba SabPablo SanPedro SantaRosa
Batangas Lipa Tanauan
Lucena Tayabas
Antipolo
4. The Federal State of Bicol covering:
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
5 6 87 2,921
… Luzon States
Legazpi Cityasthecapitalofthestate
36
COMBINED TOTAL POPULATION = 4,585,761COMBINED TOTAL LAND AREA = 1,400,404ha
37
4. The Federal State of Bicol covering:
Legazpi Cityasthecapitalofthestate
POVINCES RegionV Albay CamarinesNorte CamarinesSur Catanduanes Sorsogon
CITIES RegionV
Legaspi Ligao Tabaco Naga Sorsogon Iriga
38
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
6 7 136 4,390
How many States will the Visayas have?
The Visayas will have four federal states.
1. The Federal State of Eastern Visayas covering:
Catbalogan Cityasthecapitalofthestate
COMBINED TOTAL POPULATION = 3,880,148COMBINED TOTAL LAND AREA = 2,325,110ha
39
1. The Federal State of Eastern Visayas covering:
Catbalogan Cityasthecapitalofthestate
POVINCES RegionVIII EasternSamar NortherSamar Samar Biliran Leyte SouthernLeyte
CITIES RegionVIII
Borongan Calbayog Catbalogan Baybay Ormoc Tacloban Maasim
40
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
5 17 136 3,553
…Visayas States
2. The Federal State of Central Visayas covering:
ToledoCityasthecapitalofthestate
COMBINED TOTAL POPULATION = 6,086,872COMBINED TOTAL LAND AREA = 2,003,7750ha
41
2. The Federal State of Central Visayas covering:
ToledoCityasthecapitalofthestate
POVINCES RegionVII
Bohol Cebu Siquijor NegrosOriental Masbate
CITIES RegionVII
Tagbilaran
Bogo Cebu Carcar Danao Lapu‐lapu Mandaue Naga Talisay Toledo
Bais Bayawan Canlaon Dumaguete Guihulngan Tanjay
Masbate
42
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
6 16 117 3,990
…Visayas States
3. The Federal State of Western Visayas covering:
IloiloCityasthecapitalofthestate
COMBINED TOTAL POPULATION = 6,165,999
COMBINED TOTAL LAND AREA = 2,079,418ha
43
3. The Federal State of Western Visayas covering:
IloiloCityasthecapitalofthestate
POVINCES RegionVI
Aklan, Antique, Capiz, Guimaras, Iloilo NegrosOccidental
CITIES RegionVII
Roxas
Iloilo Passi
Bacolod Bago Cadiz Escalante Himamaylan
Kabankalan LaCarlota SanCarlos Silay Sipalay Sagay Talisay Victorias
WHATABOUTTHENEWNEGROSISLANDREGION?
ThenewregioncomposedoftheProvincesofNegrosOccidentalandNegrosOrientalmay becreatedasaseparate FederalStateofNegros.
Or
NegrosOccidentalmayremainapartofthe FederalStateofWesternVisayas, andNegrosOriental,apartoftheFederal
StateofCentralVisayas
44
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
5 2 71 1,459
4. The Federal State of Minparom covering:
…Visayas States
Mamburao,MindoroOccidentalasthecapitalofthestate
45
COMBINED TOTAL POPULATION = 2,521,998
COMBINED TOTAL LAND AREA = 2,961,632ha
46
4. The Federal State of Minparom covering:
…Visayas States
Mamburao,MindoroOccidentalasthecapitalofthestate
PROVINCES RegionVI‐B
MindoroOriental MindoroOccidental PalawanandtheKalayaanIslands
Romblon Marinduque
CITIES Calapan PuertoPrincesa
47
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
11 16 188 4,528
1. The Federal State of Northern Mindanao covering:
How many States will Mindanao have?
Mindanao will have three FederalStates.
CagayandeOroCityasthecapitalofthestate
COMBINED TOTAL POPULATION = 6,776,659COMBINED TOTAL LAND AREA = 4,387,506ha
48
1. The Federal State of Northern Mindanao covering:
CagayandeOroCityasthecapitalofthestate
PROVINCESRegionIX
ZamboangaSibugay ZamboangadelNorte ZamboangadelSur
RegionX Bukidnon Camiguin LanaodelNorte MisamisOccidental MisamisOriental
RegionXIII AgusandelNorte DinagatIsland SurigaodelNorte
CITIES Dapitan Dipolog
Pagadian Zamboanga
Malaybalay Valencia
Iligan
Oroqueta Ozamis Tangub
CagayandeOro Gingoog ElSalvador
Butuan Cabadbaran
Surigao
THEPROPOSEDNORTHERNMINDANAOFEDERALSTATE
MAYBETOOLARGE.ITMAYBEDIVIDEDINTOTWO:
(a) The Federal State of North‐Western Mindanaocovering the Zamboanga Provinces, Lanao delNorte, Misamis Occidental, and Misamis Oriental;and
(b) The Federal State of North‐Eastern Mindanaocomprising the Agusan Provinces, Bukidnon, andSurigao Provinces, and Dinagat.
49
No. of Provinces
No. of Cities
No. of Municipalities
No. of Barangays
11 13 118 2,943
2. The Federal State of Southern Mindanao covering:
…Mindanao States
DavaoCityasthecapitalofthestate
50
COMBINED TOTAL POPULATION = 7,331,479 COMBINED TOTAL LAND AREA = 5,617,914ha
51
2. The Federal State of Southern Mindanao
DavaoCityasthecapitalofthestate
PROVINCESRegionXI
DavaoOriental CompostelaValley DavaodelSur DavaoOccidental DavaodelNorte
RegionXII SouthCotabato Sarangani NorthCotabato SultanKudarat
RegionXIII(Caraga) AgusandelSur SurigaodelSur
CITIES Mati
Davao Digos
Panabo Samal Tagum
GeneralSantos
Koronadal
Cotabato
Tacurong
Bayugan
Bislig Tandag
52
No. of Provinces*
No. of Cities
No. of Municipalities
No. of Barangays
5 4 116 2,572
3. TheFederalStateofBangsamorocovering:
…Mindanao States
Marawi Cityasthecapitalofthestate
COMBINED TOTAL POPULATION = 3,256,140 COMBINED TOTAL LAND AREA = 3,351,142ha
53
3. The Federal State of Bangsamoro
Marawi Cityasthecapitalofthestate
PROVINCES LanaodelSur Maguindanao(ShariffKabunsuan)
Basilan Sulu Tawi‐Tawi
CITIES Isabela Lamitan
Marawi
Cotabato
APROPOSEDCHANGEONTHEBANGSAMOROFEDERALSTATE
TwoFederalStatesfortheBangsamoropeoples:
One Federal State for the Mainland Muslims of Mindanao(Maranaws, Maguidanaos, and sub‐tribes), and
Another Federal State for the Off‐Shore Islands Muslims (ofBasilan, Sulu and Tawi‐Tawi)
54
WhyBangsamoro FederalStateisvitaltothenation
The secessionist movements ofthe various Moro groups started sincethe Spanish colonial era.
The secessions cannot be solved permanently byforce.
The suggested solution: Federalize the country and convertthe present Autonomous Region of Muslim Mindanao into aBangsamoro Federal State.
55
AND THE BBL?
56
The Bangsamoro Basic Law – as a peace effort ‐ now pending inboth Houses of Congress has good intentions.
Any move to bring peace to the country should be backed up by thepeople.
BUT ...
ANYSUCHMOVEMUSTBEINACCORDWITHTHECONSTITUTION.
WhichmeansthattheelectionsthattheBBLintendstoholdintheBangsamoroentitymust
conformwithArticleX,Sections1&18oftheConstitution.
Sections1and18ofArticleXcitedabovebarthekindofelectionstheBBLintendstoholdintheBangsamoroentity.
57
“There shall be autonomous regions inMuslim Mindanao and the Cordilleras ashereinafter provided.
The2nd sentenceofSection1ofArticleXoftheConstitutionordainsthat:
58
The creation of the autonomous region of MuslimMindanao must follow the requirements of ArticleX of the Constitution.
Thephrase“ashereinafterprovided”meansthat
59
THE BBL CONTRADICTS THE MANDATE OF ART. X, SEC. 18 OF THECONSTITUTION.
THE 2nd SENTENCE OF THE CITED SECTION AND ARTICLE PRVOVIDESTHAT:
“The organic act (for the Autonomous Region) shall define thebasic structure of the government for the region consisting of theexecutive department and the legislative assembly, BOTH OF WHICHSHALL BE ELECTIVE and representative of the constituent politicalunits.”
60
The framers of the Constitution could not have any other kind ofelection in mind other than that with which they were familiar.
That means that the executive officials of the Bangsamoro entity,and the members of its legislative assembly must be voted directlyby the qualified voters therein, and SEPARATELY, too.
If they had an indirect kind of election for the executive officials ofthe Bangsamoro entity in mind, they would have worded the sectionaccordingly.
WHATKINDOFELECTIONISDEALTWITHBYSECTION18OFARTICLEX?
61
Note:TheSultanofSuludisagreeswiththeBBLintenttorenametheSuluSeaasBangsamoroSea.
SOMEBBLPROVISIONSNEEDREFINEMENT
TOMAKETHEMCONFORMWITHTHECONSTITUTION
Examples:
>TheBBL’sCommissionsonElections,HumanRights,Audit,andCivilService,etc.
62
But, when cases involve Muslims vs Lumads ornon‐Muslim individuals, national law willapply.
THE ADOPTION OF THESHARIAH AS A LEGAL BASISFOR THE SETTLEMENT OFDISPUTES SHOULD CLEARLYPROVIDE THAT IT APPLIES INTHE BANGSAMORO ENTITYONLY WHEN THE LITIGANTSINVOLVE MUSLIMS.
63
THEBBLBILLOFRIGHTS
needsrefinement.
Anexample:
FreedomoftheSpeechshouldincludeFreedomofthePress.
64
ThemandateofArticleXoftheConstitutionincreatingtheBangsamorogovernmentcannotbesupersededbyanylegislationevenifartfully
describedas“Asymmetric” .
TheBBLauthorizesthepeopleintheBangsamoroentitytoelectonlythemembersoftheBangsamoroparliament.
But,nottheregionalgovernorortheotherexecutiveofficialsoftheBangsamoro.
65
GETTHEPARTIESTOAGREE:
TorenegotiateBBLAgreement.Or
ToamendtheproblematicBBLprovisions.Or
ToamendtheconstitutionbyadoptingtheFederalSystem.
HOWTOREMEDYTHECONSTITUTIONALPROBLEMSFOUNDINTHEBBL
66
As proposed, thefederalization of therepublic wouldsufficiently address thefundamental demandsof the country’s Muslimsector, the Lumads,other minoritieswithout sacrificing therights of NON‐MUSLIMSwho reside in theBangsamoro and inother parts of theRepublic.
IF THE FEDERAL SYSTEM IS ADOPTED FOR THE COUNTRY,THEREWILL HARDLY BE A NEED FOR THE BBL
Federal Republic of
the Philippines
67
THE ADOPTION OF THE FEDERAL SYSTEM OFGOVERNMENT IS A PROVEN INTERNATIONALMEANS OF FORECLOSING VIOLENT REBELLIONS.
68
2.Switzerland
EXAMPLES:
1.India
By clearly delineating the powers of the Executive, Legislative andJudicial Departments.
By creating a Constitutional Court that deals only withconstitutional issues such as checks and balances.
By broadening the powers of the people to subject certain acts of theExecutive, Legislative or the Judiciary to plebiscites, referenda orinitiatives.
Probably, by deleting the provision of the Constitution that requiresthe consent of the State before it may be sued by the people (Sec.3,Art. XVI).
To preclude frivolous suits, the Constitutional Court may be empoweredto promulgate such rules as may be needed to ensure its smooth andrational functioning.
In a Federal System, how should the system of checks andbalances be imbedded?
69
AddSABAH
As a part of the Republic’s territory.
But let’s assert our claim to Sabah peacefullyand in accord with the internationally‐accepted principles of settling disputes by theUN, ASEAN, and other internationalorganizations
70
SabahbelongstothePhilippines
Sabah is only 217.9 miles or 350.67 kilometers fromBongao, Tawi‐Tawi.
Sabah is ours. Not Malaysia’s. Filipino population: 1.5 million (est. 2013)
71
RP’sOWNERSHIPOFSABAH
The Sultanate of Sulu had authorized the Philippine Government to pursue the claim.Sometime during the martial law years, Marcos relinquished the claim back to theheirs.The present Sultan of Sulu wants the claim reinstituted by the government with theheirs having certain rights over the property once recovered.
72
Based on historical fact.
Sabah was given to the Sultan of Sulu as hisreward for assisting the Sultan of Brunei torepel his enemies in the 17th century.
72
73
SABAHMAYBECONVERTEDINTOANOTHERFEDERALSTATEOFTHENATION
National Territory,defined
The territory of the Federal Republic should also unequivocally include twopreviously ambiguously claimed islands, reefs or shoals: theScarborough reefs, and Kalayaan Islands.
Federal State boundaries will expand present regional boundaries.
The Federal States should be constituted out of bigger politicalterritories to provide the environment for competitiveness andsustainability rather than create them out of provinces that in manyinstances might simply be too small to survive as Federal States.
FEDERALIZEDRPBOUNDARIES
74
75
Groupofislets,shoals,cays,andreefsmostlyinhabitableisnowamunicipalityofKalayaan..
Ithasonebarangay:Pagasa.
Itis519kilometersfromPalawan.
Itisoursbyrightofdiscoveryandoccupancy
Inhabitants–morethan300civilians,includingchildren.
It’snewlyelectedmayor inthe2016elections is RobertodelMundo,whobeattwo‐termMayor EugenioBito‐Onon,Jr.
*IncludeKalayaan
MOREONKALAYAAN
• SIDELIGHTS ON THE ELECTIONS IN KALAYAANMUNICIPALITY:
• Retired Air Force Sgt. del Mundo received 142 votes;
• Bitoonon got 59 votes, and the third candidate for mayor,
• Retired Navy Commander Rodrigo Jaca, 28 votes.
77
IncludeScarboroughShoal
The shoal is barely 124 nautical miles away fromMasinloc, Zambales, and is within our 200 mileexclusive economic zone.
It is 550 nautical miles away from Hainan Island, theclosest Chinese territory.
77
PRESIDENTIALFORM,MAYBERETAINEDUNDER
FEDERALIZEDRP
78
A president and a vice president will be elected nation-wide.
Qualifications, the same as in current Constitutionexcept for their educational qualifications. (At least,Baccalaureate Degree Holders from Colleges recognized bythe Government)
The president and the VP will be elected as a team.
Terms: 6 years without reelection.
Term Limits under current Constitution are intended toapply to those who had been president
BICAMERALFEDERALCONGRESS
(1) The Senate whose members willbe elected by State, and
79
POWERS in general: Enact laws for thegovernance of the Federal Republic
TheFederalCongresswillhavetwoHouses:
(2) The House of Representativeswhose members will be elected bydistrict.
STATE SENATORS
QUALIFICATIONS
Natural born citizen
Registered voter of the State/Metro Manila/at large
At least a graduate of a public or private college recognized by the government
At least 35 years of age on the day of the election
An actual resident of the State for at least five years immediately prior to the election, or of Metro Manila or of the Continent being represented
80
STATE SENATORS
TERM OF OFFICE
6 years term for not more than 2 terms.
Start of Term: 12noon of the 30th day of June next following the day of their election.
End at noon of same day 6 years later.
81
STATE SENATORS
MANNER OF
ELECTION
Elected by the qualified voters of the Federal States, or
of Metro Manila, or
Overseas qualified voters
82
Increasing NumberofSenators
Every State shall be represented by sixsenators elected by the qualified voters in state‐wideelections. 11 x 6 = 66 plus 6 for Metro‐Manila = 72 + 9overseas senators = 81.
Justification for the increase
The 24 senatorial limit was based on a Philippinepopulation of 20 million or so. Now we are roughly 104million. The increase in the number of senators (and ofthe members of the House) may be justified by the risein our population.
83
OTHERCOUNTRIESWITHLESSPOPULATIONSHAVELARGERSENATES
Moreover, as the next slide shows,compared with the Philippines, manycountries with far less populationshave more representatives in theirupper chambers.
84
10 NATIONS WHOSE UPPER LEGISLATIVE CHAMBERS HAVE MORE LEGISLATORS THAN OUR
SENATE
Country Population Members/ Upper Chamber
(1) UK 60.9 million 618(2) France 64 million 331(3) Italy 52 million 315(4) Spain 40 million 264(5) Egypt 81.7 million 264(6) Thailand 65.4 million 150(7) Ethiopia 78 million 108(8) Australia 20.6 million 76(9) Malaysia 25 million 70(10) Ireland 4.1 million 60
85
EVERY FEDERAL STATE WILL HAVE OWN GOVERNOR
& VICE-GOVERNORQualifications Natural born citizen
A registered voter of any province, city,municipality or barangays of the State
At least, a graduate of a public or private highschool recognized by the government
At least, 30 years of age on the day of the election,and an actual resident of the State for, at least 5years immediately prior to the election.
Term of Office Shall serve for no more than three consecutiveterms of 4 years each which shall begin at 12 noonof the 30th day of June next following the day oftheir election and shall end at noon of the same day4 years thereafter
Manner ofElection
Shall be elected by the qualified voters of theprovinces, cities, municipalities and barangayslocated in the State.
There will still be Provincial Governors, City or MunicipalMayors and other local government officials. 86
Every State will have a Unicameral State Legislature.Three State Legislators will represent every province andcity in the State Legislature.Elected by their peers in the Sangguniang Panlalawiganand Sangguniang Panlungsod respectively.Three Sectoral Representatives will represent farmers,fisher folk & senior citizens for every province and city in theState Legislature.
POWERS in general: Enact laws for thegovernance of the State
87
STATELEGISLATORS
QUALIFICATIONS:
A natural born citizenA registered voter of any province, city, municipalityor barangays of the StateAt least, a graduate of a public or private high schoolrecognized by the governmentAt least, 30 years of age on the day of the election,and an actual resident of the State for, at least 5 yearsimmediately prior to the election.
88
STATE LEGISLATORS
TERMOFOFFICE
Shall serve for no more than threeconsecutive terms of 4 years each whichshall begin at 12 noon of the 30th day ofJune next following the day of theirelection and shall end at noon of the sameday four years thereafter
89
STATE LEGISLATORS
MANNEROFELECTION
a. Of Regular Members:> Elected by their peers in the
Sangguniaang Panlalawigan andSangguniang Panlungsod respectively.
b. Of Sectoral Representatives:> Elected by the sectors concerned
as defined by State Law.
90
91
STATELEGISLATORSWHENELECTED
Within one month from the assumption ofoffice of themembers of the SangguniangPanlalawigan and SangguniangPanlungsod and the Sectoral Representativesconcerned.
FederalStates NumberofStateLegislatorsStateofNorthernLuzon 90StateLegislatorsStateofNorthernMindanao 81StateLegislatorsStateofSouthernMindanao 72StateLegislatorsStateofWesternVisayas 69StateLegislatorsStateofCentralVisayas 69StateLegislatorsStateofCentralLuzon 63StateLegislatorsStateofSouthernTagalog 54StateLegislatorsStateofEasternVisayas 42StateLegislatorsStateofBicol 36StateLegislatorsStateofBangsaMoro 33StateLegislatorsStateofMinparom 24StateLegislators
STATELEGISLATORSPERSTATE
The Federal Administrative Region of Metro-Manila will have 51 State Legislators.
92
CONSTITUTIONAL COURT CREATED TO RULE ONCONSTITUTIONAL ISSUES:
Same qualifications as Supreme Court justices.
Branches located on site: ONE EACH in Luzon,Visayas and Mindanao.
NUMBER OF JUSTICES PER BRANCH OF CONSTITUTIONALCOURT:
FIVE (5) FOR EACH BRANCH.
93
SUPREME COURT STRUCTURE, RETAINED
The Supreme Court is retained including itspowers, other than over constitutional issues.
The Supreme Court supervises all lower courts:Intermediate Appellate Court, Sandiganbayan,Regional Trial Courts, the Shariah Courts, City &Municipal Court.
All the courts shall have constitutional deadlinesto meet in rendering their decisions
94
95
SHARIAHCOURTS
SHALL BE RETAINED.
OTHER MEANS OFSETTLING DISPUTESIN ACCORD WITH THECULTURE ANDTRADITION OFTRIBAL MINORITIESSHOULD BERECOGNIZED
96
Supreme Court 2 years from filing
Court of Appeals 1.8 months from filing
Sandiganbayan and other appellate courts
1.8 months from filing
RTC 1.6 months from filing
City and Municipal Courts
1 year from filing
DEADLINES FOR DECISIONS
Should be strictly enforced to ensure delivery of speedy justice.
97
DEADLINESFORSHARIAHANDOTHERTRIBALCOURTS
SHOULD ALSO BE FIXED TAKING INTO ACCOUNTTRIBAL CUSTOMS AND TRADITIONS AND THE NEEDFOR JUST AND SPEEDY JUSTICE
DELAY IN DELIVERY OF JUSTICE TOLITIGANTS IS ONE OF THE MAJOR ILLSOF OUR JUSTICE SYSTEM
PROPOSED LOCATIONS OF THE COURTS:
Supreme Court and Constitutional Courtdivisions should be located aside from Metro‐Manila also insuitable places in Luzon, Visayas and Mindanao.
Intermediate Court of Appeals divisions should bepermanently assigned to every State;
Sandiganbayan divisions should hold offices in specific areasin Luzon, Visayas and Mindanao aside from its office in Metro‐Manila;
98
The seats of power of the major branches of government will bedispersed.
SEATSOFPOWER,DISPERSED
The Federal Executive Department will hold officesin the Federal Administrative Region of Metro‐Manila.
The Federal Legislature will hold office inthe Federal State of Central Visayas.
The Federal Supreme Court, and theConstitutional Court will hold their main offices in theFederal State of Northern Mindanao.
99
100
ExecutiveDepartmentisinPretoria
LegislativeDepartmentisinCapeTown
SupremeCourtisinBloemfontein
An example of a government that has mandated the location of the three major divisions of government is South Africa.
Distance between Pretoria and Bloemfonteinis 424.87 km. or 264 miles.
Distance between Bloemfontein and CapeTown Bloemfontein is 911.81 km. or 566.57miles
Distance between Cape Town and Pretoriais 1,457km. Or 912 miles.
ASSIGNINGSPECIFICAGENCIESORDIVISIONSOROFFICIALSCONCERNED
TO THE FEDERAL STATES SHOULD ALSO BEAPPLIED TO ALL COMMISSIONS OF THEGOVERNMENT, THE OMBUDSMAN OR ANYOTHER NATIONAL GOVERNMENT AGENCY,where the dispersal is not yet done.
101
The powers and structures of provinces, cities, municipalities,and barangays are untouched.
It is up to the Federal States to change LGU structures andpowers subject to the approval of the voters in the areasaffected in plebiscites called for the purpose.
SAME QUALIFICATIONS for regional and local officials exceptfor educational requirements.
It may be time to require more educational qualifications ofour public officials than just the ability to read and write.
LGU’s, Intact
102
103
In allocating the resources of the Republic, all revenues shallbe the basis, not only taxes collected by the Bureau of InternalRevenue. The sharing percentages shall be as follows:
Percentage Shareof20% FederalGovernment80% States
Despite the increase of senators(and members of the House), therevenue shares of the Federal States andthe LGUs will increase.
LGUSHARES,INCREASED
104
Under this formula, the shares of the provinces,cities, municipalities and barangays will be bigger thanwhat is currently provided for under the local governmentcode.
Percentage Shareof
30% StateGovernment
70%Provinces,Cities,
Municipalities&Barangays
SHARING OF 80% BETWEEN STATES AND LGUs
105
ALLOCATION OF FUNDS SHOULDENSURE THAT VITAL NEEDS NOT ONLYOF THE MAJORITY SECTORS OF SOCIETY,BUT ALSO OF TRIBAL MINORITIES AREPROVIDED FOR.
STRICT ACCOUNTING PROCEDURESSHOULD ACCOMPANY THE ALLOCATIONOFMORE FUNDS TO THE LGUs.
106
Equalization Fund
To address the reality that not all the Federal Statesare born equal in terms of resources and opportunities, anequalization fund administered by the FederalGovernment to assist States in dire need of developmentfunds should be created.
The Federal States should be represented in theauthority administering the Equalization Fund.
FederalStates
LOANCOMMISSION
The Federal Government and every State shouldbe represented in the Commission.
At least, one-fourth of the members of theCommission should come from Qualified NGOs.
Equitable shares of the loan repayments will beborne by the States that benefited from theloans
107
•To ensure that foreignloans of the country arefaithfully paid, a LoanCommission is created.
108
Political & economic objectivesTo enable our participants to air their concerns, let me
conclude this statement with this thought: the federal system ismeant to accomplish, at least, twomajor things:
1. Cause the speedy developmentof the entire country by unleashing theforces of competitiveness among theStates, and
2. Dissipate the causes ofrebellion in the country and particularlyin Mindanao.
109
Under the unitary system that has characterizedthe government for centuries we only had one center ofpower, finance and development: Metro‐Manila.
The move to federalize thecountry is not simply a ‘political’undertaking it is also aneconomic effort. By creating 11 (ormore) Federal States and by convertingMetro‐Manila as a federal administrativeregion, we immediately establish 12centers of power, finance anddevelopment throughout the country.
110
REDRESSING GRIEVANCES OF CENTURIES
The federal proposal will hopefully provide ajust and lasting redress for the centuries‐old grievancesof the powerless and the neglected sectors of society, likethe Moro peoples of Mindanao and the Lumads.
By federalizing the Republic, the States willconcretely address the needs of their componentsectors more easily.
And in the case of the Moropeoples, their own federal state wouldconceivably enable them to run theirstate government according to theircustoms and traditions subject, ofcourse, to the norms of moderndemocratic governments.
SLIDES111upto130willonlypresentsummingup
reactionsontheissuestackledinthesaidSlides.
111
INPASSING:
HOWPOWERFULSHOULDTHESUPREMECOURTBE?
POWERFUL ENOUGH TO PUT THE BRAKESON EXECUTIVE OR LEGISLATIVE EXCESSES
BUT IT SHOULD UPHOLD “THE RULE OFLAW”, NOT “THE RULE OF THE COURT.”
112
GOVERNMENTAUTHORITIES/POWERvs.
PEOPLE’SDIRECTEXERCISEOFSOVEREIGNTY
GovernmentPowerwhether– executive,legislativeorjudiciary– mustbesubjecttothePeople’sPowerofReviewmainlythrough:
(a) Recall,(b) Plebiscite,(c) Referendum,or(d) Initiative
113
THEIDEALCHECK&BALANCERELATIONSHIP
Check&BalanceRulesshouldbe:
ClearlydefinedbytheConstitution; Untarnishedbypartisanconsiderationswhenspelledoutbylaw.
114
PRESIDENTIALvs.
PARLIAMENTARYFORM
Parliamentary form provides for a more flexible mannerof checking executive abuses. For example, a vote of noconfidence could end the tenure of a Prime Minister (Headof Government)
115
IT IS EASIER TO MAKE LAWS UNDER APARLIAMENTARY FORM OF GOVERNMENT WHERE THEHEAD OF GOVERNMENT (THE PRIME MINISTER) IS AMEMBER OF PARLIAMENT, THE LAWMAKING BODY,AND IS ELECTED BY HIS PEERS IN PARLIAMENT.
IN A PARLIAMENTAY GOVERNMENT, THE HEAD OFSTATE IS MAINLY CEREMONIAL.
MOREOVER
116
PRESIDENTIAL FORMOF GOVERNMENT
• NOT NECESSARILY BAD.
• AT LEAST, THE PRESIDENT AND THE VICE PRESIDENT ARE ELECTED DIRECTLY BY THE PEOPLE.
118
ONEFEDERALSYSTEMADVANTAGE
DevelopmentprogramsandprojectsintheFederalStatesmaybeimplementedmore
speedily.
NONEEDTOAWAITAPPROVALBYCENTRALGOVERNMENTAUTHORITY
118
AUTONOMOUSREGIONSPOWERSANDSTRUCTURES
shouldbe:
SpecificallydefinedintheConstitution,and
Clearlyfleshedoutbylaw
119
POWEROFJUDICIALREVIEWvs
EXECUTIVE&LEGISLATIVE POWERS(STRIKINGABALANCE)
THE COURTS SHOULD ONLY STRIKE OUT EXECUTIVE ORLEGISLATIVE ENACTMENTS THAT ARE PLAINLY ABUSIVE OROBVIOUSLY OUTSIDE THE JURISDICTION OR COMPETENCE OFTHE OFFENDING BRANCH OF GOVERNMENT
DOUBTS RESOLVED IN FAVOR OF JURISDICTION OF EXECUTIVEOR LEGISLATIVE ACTS UNDER QUESTION
120
HOWCANEXERCISEOFSOVEREIGNTYGOBEYONDELECTINGREPRESENTATIVESONAREGULARBASIS
RECALL REFERENDUM INITIATIVE
121
HOWCANTHECONSTITUTIONGIVEFLESHTOTHEPHRASE:SOVEREIGNTYRESIDESINTHEPEOPLE?
Byspellingitoutinsomedetail.
whatdoesitcover?whatrightsmaypeopleexerciseinthenameoftheirsovereignty?whenmaythepeopleexercisethoserights?how?
122
SPECIFIC WAYS OF CHANGINGTHE CONSTITUTION
• ARTICLEXVII,CONSTITUTION• Section1‐ Anyamendmentto,orrevisionof,thisConstitutionmaybe
proposedby:
• (1)CONGRESS,uponavoteof3/4ofALLitsmembers,OR
• (2)INITIATIVEdirectlyproposedbythepeopleuponapetitionofatleast12percentum ofthetotalnumberofregisteredvotersofthecountry,OFWHICHEVERY
LEGISLATIVEDISTRICTMUSTBEREPRESENTEDBYATLEAST3PERCENTOFTHEREGISTEREDVOTERSTHEREIN.
• (3)ViaConstitutionalConvention:2/3voteofallmembersof• Congress,ORsubmittingtotheelectoratethequestionofconveninga• ConstitutionalConventionbyaMajorityVoteofallitsmembers
• EITHERWAYINNO.3,THESENATEANDTHEHOUSEMAYCONVENEAJOINTASSEMBLY,BUTWILLHAVETOVOTESEPARATELY.
124
THECONSTITUTIONasacovenantamongthepeople
toachievenationhood
WHILESubjecttothewillofthepeopleshould haveacertaindegreeofstability.
Perhaps,itshouldbeamendedorrevisedonlythroughaCONSTITUTIONALCONVENTION,
orthroughanINITIATIVEofthepeople.
BUTALWAYSSUBJECTTOAPLEBISCITE.
. 124
WAYSOFCHANGINGTHECONSTITUTION
• Amendments ‐ onlypartsarechanged
• Revision ‐ practicallytheentireConstitutionischanged.
126
• AMENDMENTS/REVISION OF THECONSTITUTION NEED APPROVAL BY THEPEOPLE THROUGH
A PLEBISCITE
127
WHEN PLEBISCITE IS HELDfor amendments/revision
PROPOSED BY(1)Congress, itself, or(2)a Constitutional Convention:
NOT EARLIER THAN 60 DAYS OR LATER THAN90 DAYS after the approval of theamendment or the revisions of theConstitution.
128
PLEBISCITE
FOR AMENDMENTS OR REVISION OF THE CONSTITUTION INITIATED BY THE PEOPLE:
• IS HELD NOT EARLIER THAN 60 DAYS OR LATER THAN 90 DAYS
• AFTER THE COMELEC CERTIFIES THAT PEOPLE'S INITIATED PETITITON TO AMEND/REVISE THE CONSTITUTION WAS DONE PROPERLY
129
THECONSTITUTIONISTHESACREDREPOSITORYOF THE POWERS OF GOVERNMENT,AND THE RIGHTS AND DUTIES OFTHE CITIZENS OF THE REPUBLIC.
STILL - WHEN THE NEED ARISES TO EXPAND THE RIGHTS ANDTHE LIBERTIES OF THE PEOPLE AND ENABLE THEM TODEVELOP THEIR OWN POTENTIAL MORE SPEEDILY FOR THEIROWN GOOD AND THAT OF THE COUNTRY, IT SHOULD BEAMENDED OR REVISED ACCORDINGLY.
129
THANK YOU!
130
Top Related