Federalism Paper
Federalism Paper
Federalism Paper
COLLEGE OF LAW
Laoag City
“ F E DE RA LI SM I N T H E P HI LI PP I N E S ”
A Term Paper
Submitted by:
Submitted to:
March 8, 2017
A.Y. 2017-2018
TABLE OF CONTENTS
Page
Preliminary Remarks 3
VI. References
2
PRELIMINARY REMARKS
The Philippines is currently under a unitary form of
government – this means that the central government is the highest
governing power. It is lead by the President as the head of state and
the government and exercises general supervision over local
governments which are dependent on the national government. It
receives a large part of every region’s income and redistributes it,
often disproportionately so. The Constitution has concentrated
political powers and authority on the national government and
autonomous regions, provinces, municipalities and barangays can
only exercise powers and enact policies that the central government
chooses to delegate to them.
3
federalism have splintered into various groups pushing for their own
respective agendas1.
1
Tiquia, Ma. Lourdes, Why Shift to Federalism?, The Manila Times, January 16, 2018
4
FEDERALISM: WHAT IS IT?
5
“Federalism is a form of government that establishes a
constitutionally specified division of powers between different levels
of government.”
Typology of Federalism.
3
Cornell University Law School Legal Information Institute.
4
Buchanan, James (2001). Federalism, Liberty and the Law. Collected Works, V ol. 18
6
as in Canada, Switzerland and India; and (b) countries that “became”
federations, i.e. federalism was adopted in order to preserve the
nations and enhance peaceful co-existence among distinct
communities (e.g. South Africa); and (c) countries where federalism
was “thrust upon them”, i.e. federalism became a desparate attempt
to keep a nation alive by weakening the central government.5
5
Filippov, Mikhail, Peter C. Ordeshook, and Olga Shvetsova (2004). Designing Federalism: ATheory of Self
sustainable Federal Institutions
6
Kymlicka, Will (2001). "Minority Nationalism and Multination Federalism"
7
changed but would require the consent of the constituent units before
taking effect.
8
interest of the provinces/states. Representation in the Lower House
is typically based on representation while for the Upper House, the
principle of parity is followed that is whether a state is small or large, it
will have equal number of seats. This method is followed in the USA
and Pakistan.
4. Fiscal Federalism.
9
federation, eventually strengthening national unity.
10
Freedom and supremacy of the judiciary is essential so that the
centre or the states may not have the decisions in their favour by
exerting any sort of pressure on it. Only a free and supreme judiciary
will be able to give decisions independently and will be in a position
to win the confidence of both the centre and the state. Thus the
stability of the federation depends upon the establishment of a free
and supreme judiciary.
In other words, it means that the state shall take action only if
and insofar as the objectives of the proposed action cannot be
sufficiently achieved by the communities and can therefore, by
reason of the scale or effect of the proposed action, be better achieved
at the State level.
7
Stepan, Alfred, 1999, "Federalism and Democracy: Beyond the U.S. Model."
8
Daly, Lew (2010-01-08). "God's Economy". The Financial Times. Retrieved 2018-03-06.
11
FEDERALISM IN THE WORLD
Aside from the need to resolve and balance ethnic, cultural and
religious diversity in a country, adoption of a federalist system was
also a consequence of the existence of an external threat or the desire
to be more effective in the international sphere because it secures
military and economic advantages while retaining and encouraging
ethnic diversity.
9
Heywood, A (2002). Politics Second Edition. New York: Palgrave
10
Ibid.
12
It is for this reason why the United States established itself as a
federalist county. It felt vulnerable hence adopted federalism to
fortify itself. While it has undergone numerous transitions from one
type of federalism to another, the type of federalism that the United
States presently embracing is one which signifies a strong
“intergovernmental relations”11 characterized by two levels of
government exercising direct authority simultaneously over people
within its territory. Dual citizenship exists and individuals can claim
a wide range of rights and privileges from both the state and national
government. Each state also has its own constitution and like the
national government, state governments are divided into legislative,
executive and judicial branches. In each state, there are state senators
and representatives, state court systems and like the President of the
entire country, a governor as the chief executive of a state.
11
Drake, F. D. & Nelson, L.R. (2001). Civic Intelligence and Liberal Intelligence in the History Education of
Social Studies Teachers and Students. Bloomington, Indiana: ERIC Clearing House.
12
Hague, R. & Harrop, M. (2002). Comparative Government and Politics. New York: Palgrave Macmillan.
13
Ibid.
13
FEDERALISM IN THE PHILIPPINES
14
Philippine Population. Retrieved March 6, 2018 from www.worldometers.infor/world-
population/philippines-population/
14
he is president, he is more than ever determined to push for such a
change and has since then become a serious and national debate.
15
government. Yet, there are powers and functions that are shared by
both governments especially those that require utmost consideration
such as those relating to the right of life and liberty.
16
Republic Act No. 7160, effective January 1, 1992
17
Brillantes, A. B.; Moscare, D. (2002). "Decentralization and federalism in the Philippines: Lessons from
the global community"
16
extend her term resulted in protest against the administration for
constitutional reform.
17
that it would be accessible to all people from the three island groups
while he added that the state's territory does not have to be
contiguous.21
21
Arguilas, Carolyn (28 March 2017). "Alvarez' federal Philippines: 14 states, Negros as seat of central
gov't". MindaNews. Retrieved 6 March 2018
22
http://mindanao.politics.com.ph/alvarez-wants-separate-state-indigenous-peoples
23
https://ptvnews.ph/5-states-proposed-ph-federal-charter/. (16 January 2018) Retrieved 6 March 2018.
24
Ibid.
25
Ibid.
18
The proposal has been however hit by massive criticism due to
general lumping and a lack of representation. According to the
proposal, politicians will have 'more than' two consecutive terms,
making them eligible to run for office with no term limit.26 The
proposed charter also weakens the Senate because under the said
proposal, Senators cannot initiate laws but only concur and reject
bills created by the Federal Assembly.27
Are we ready?
One of the main problems of the country and probably the most
popular question among its citizens is “Can Federalism solve
poverty?” Supporters believe that federalism will encourage people
to be more involved in their production of goods and economic
activities because without resources, their state cannot survive.
26
Colcol, Erwin (16 January 2018). "Proposed federal charter divides PHL into 5 states". GMA News.
Retrieved 6 March 2018
27
Santos, Elmor & De Guzman, Chad (9 January 2018). “Proposed Charter for Federal PH weakens Senate,
eyes prime minister. www.cnnphilippines.com. Retrieved 6 March 2018.
19
With respect to the people, creating a balance in the system
and harmony among the people is one of the challenges of the
transition to Federalism. Under the current system, Filipino people
are indifferent towards politics, only participating during the election
season. Moreover, many of the electorate choose their leaders based
on popularity and winnability but do not necessarily look into a
candidate’s capability, leadership skills, knowledge, moral
upbringing and fortitude. In other words, many Filipinos, especially
the poor, are politically immature and see election as a way to earn
extra money by selling their votes.
28
Quintos, Patrick. (January 17, 2018). Federalism without safeguards to empower political dynasties: ex-
CJ Puno. Retrieved March 7, 2018. (www.news.abs-cbn.com)
20
against the feared domination of powerful families under the
proposed new charter.29
On the other hand, there are those who see federalism as a way
of breaking political dynasties. Professor Maria Ela Atienza, of the UP
Diliman Department of Political Science, believes that federalism will
break political dynasties especially at the regional level. She
acknowledges that while federalism can open up the system to more
dynastic influences, she sees the creation of regional governments in
a federal set up as a way of “widening the playing field”.
29
Ibid.
30
Ibid.
31
Supra note 2.
21
WEIGHING THE CONSEQUENCES
(Advantages & Disadvantages of Federalism)
What are the consequences of embracing a federal form of
government? What are the benefits that will be derived from
federalism? Is the federal system of government better than the
unitary system of government? Is the Philippines ready for such a
change in government? Do we have enough resources to effect such
change? Will this really resolve the conflict in Mindanao and unite
our people or will it just make matters worse and break up the
country which may even lead to civil war?
ADVANTAGES OF FEDERALISM
Because states are able to both make their own decisions and
retain income they have to fund these decisions, it’s possible that
federalism to promote specialization and competition. This affects
both the national government and the states.
23
Through fiscal autonomy for state governments, federalism will
more evenly distribute the country’s wealth. It also gives state
governments more power over funds and resources. In 2015, 35% of
the national budget went to metro manila even if it represents only
14% of the population.
24
In turn, public officials may be more rigorously checked in their
activities leading to less corruption and more accountability.
DISADVANTAGES OF FEDERALISM
25
Some states may not be as ready for autonomy as others. A
major concern is that while some states may progress faster, others
may devolve faster. Some may not be as rich in natural resources as
others. Regions differ in natural resources and also the ability to raise
revenue different in various regions. Regions which are performing
well would definitely become even more powerful and forceful
because of opportunities but less performing regions would remain
stagnant because of fewer opportunities because most of these
opportunities are already in the hands of the well-performing ones.
26
Further, although federalism reduces conflict at the national level,
there is a possibility that serious national issues may be ignored.
32
UPSIO, Federalism: A Go or a No? (12 May 2016) Retrieved March 7, 2018 from
(http://halalan.up.edu.ph/viewpoints/by-experts/288-federalism-a-go-or-a-no)
33
Emmanuel C. De Guzman, ‘The Local Government Code and the Reconstitution of Power in a
PhilippineMunicipality’, In The Loyola Schools Review Vol.1, (Quezon City, Office of Research and
Publications, ADMU, 2001),
27
“This allows the dynasty to corner provincial infrastructural
projects for itself by farming out contracts to dummy
corporations or by directly selling contracts to private
corporations. The clan cunningly utilizes the proceeds of
these shadowy transactions to maintain a formidable private
army composed of armed thugs and goons who freely roam
the province without fear of arrest, conviction or
punishment34”
6. Danger of Secession.
34
Ibid. Here, De Guzman was referring to his observations about the particular research site he studied.
However, thisis likely the same scenario that occurs in other areas dominated by clans.
28
CONCLUSION: Making the Choice
29
REFERENCES
30