FEDERALISM_Atty. Rau

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CHANGE OF THE SYSTEM will stimulate CHARACTER CHANGES

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CHANGING THE SYSTEM & FORM OF GOVERNMENT

from UNITARY-PRESIDENTIAL to FEDERAL- PARLIAMENTARY or

SEMI-PRESIDENTIAL

FORMATION OF A FEDERATION

A FEDERATION is an aggrupation of at least THREE States which agreed to

transfer or share their sovereign powers among themselves:

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State Government

Federal Republic of the Philippines

State Government State Government

Municipal

Cities

Provincial

District Trial Court

Federal Supreme Court

District Court of Appeals

Supreme Court

Court of Appeals

Trial Court

Federal Parliamentary

Senate National Assembly Parliament District

State Parliamentary

State GovernmentUnicameral State Parliament

AGGREGATIVE AND DISAGGREGATIVE FEDERALISM

AGGREGATIVE FEDERALISM occurs when two existing sovereign States agreed to

form a Federation by entering a Treaty or an international agreement.


AGGREGATIVE AND DISAGGREGATIVE FEDERALISM


DISAGGREGATIVE FEDERALISM occurs when a single/unitary sovereign State desires

to transfer or share its sovereign power by revising its Constitution and forming at least two more States

within its own territorial jurisdiction.

DEFINITION & ELEMENTS OF A STATE A State is a community of persons, more less numerous, permanently occupying a definite

portion of territory, independent of external control, and possessing an organized government to which a great body of inhabitants render habitual obedience.


PEOPLE TERRITORYGOVERNMENT

SOVEREIGNTY

FUNDAMENTAL RIGHTS OF STATES

The Right of Existence, Integrity and Self-preservation

The Right of Sovereignty and Independence The Right of Equality The Right of Property and Jurisdiction The Right of Legation or of Diplomatic Intercourse


WHAT IS A CONSTITUTION?It is a Written Instrument by which the FUNDAMENTAL POWERS of GOVERNMENT are established, limited and defined, and by which these powers are distributed among several DEPARTMENTS and AGENCIES for their safe and useful exercise for the benefit of the body politics.



POWERS OF GOVERNMENTEXECUTIVE

JUDICIAL

LEGISLATIVE

1 Direct Congressional Action (Constituent Assembly) – Amendments or Revision

2 Constitutional Convention -Revision3 People’s Initiative - Amendments 13

THE THREE WAYS OF PROPOSING CONSTITUTIONAL CHANGES

CONGRESS, acting as a

Constituent Assembly, may directly propose revision or amendments by a

VOTE of THREE-FOURTHS (3/4) of

ALL ITS MEMBERS

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DIRECT CONGRESSIONAL ACTION

1METHOD

Differentiated in Lambino vs. Comelec, 505 SCRA 160, October 25, 2006.

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AMENDMENT vs. REVISION

AMENDMENT broadly refers to a CHANGE

that adds, reduces, or deletes without ALTERING

the basic principle involved in the Constitution.

Differentiated in Lambino vs. Comelec, 505 SCRA 160, October 25, 2006.

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AMENDMENT vs. REVISION

REVISION broadly implies a CHANGE

that ALTERING the principle of

SEPARATION OF POWERS or the SYSTEM

OF CHECKS-AND-BALANCES.

CONGRESS, acting as a Constituent Assembly, “

may call a CONSTITUTIONAL CONVENTION by a

VOTE OF TWO-THIRDS (2/3)OF ALL ITS MEMBERS

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CONSTITUTIONAL CONVENTION

2METHOD

1) The Law must appropriate the FUNDS that will be needed by the Con-Con.

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IMPLEMENTING LAW

2) The Law can prescribe the QUALIFICATIONS and DISQUALIFICATIONS of the Con-Con delegates.

3) The Law is passed by Congress in the exercise of its legislative power which is PLENARY and is submitted for the PRESIDENT’S APPROVAL and SIGNATURE. Thus, he can VETO it!

Any change to a new form or system of government may only be accomplished through a REVISION (not mere amendment) of

the present Constitution.

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REVISION

Unitary Federal

Semi-Presidential

Federal-Parliamentary

Unitary- Presidential

ParliamentaryPresidential

Semi-Presidential

DIRECT PROPOSAL by the people through initiative upon a

PETITION of at least 12% OF THE TOTAL NUMBER OF REGISTERED VOTERS NATIONWIDE, of which

every Legislative District must be represented by at LEAST 3% OF THE

REGISTERED VOTERS therein

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PEOPLE’S INITIATIVE

3METHOD

THE PRESENT POLITICAL FORM AND SYSTEM OF THE PHILIPPINE GOVERNMENT

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PRESIDENTIAL FORM WITH BICAMERAL CONGRESS

Universally ELECTEDHEAD of the STATE &

CHIEF EXECUTIVE

SENATE

HOUSE OF REPRESENTATIVE

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UNITARY SYSTEM WITH OVER-CENTRALIZED POWERS AND LIMITED

LOCAL GOVERNMENT AUTONOMY

CONTROLS:

Ministrant FunctionsConstituent

Powers

CONTROLLED BY:

PresidentCongress

Changes that are a must now even before the Revision of the

CONSTITUTION!

Pass political reform laws including the strengthening of the Local Government Code

Pass the FOIPass the Political Party Reform Act that will

prohibit turncoatism


MUST PROVISIONS OF THE PROPOSED NEW CONSTITUTION!

A SHIFT to Semi-Presidential or Modified Parliamentary Form of Government similar to France, South Korea, Russia or China


Multi-political Party shall be RETAINED Provided that a Dominant Political Parties shall be Ensured to Flourish.

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The CHANGE of GOVERNMENT can

BEGIN NOW ByAdopting A

PARLIAMENTARY FORM

The Political powers are exercised by the Parliament which can be UNICAMERAL or BICAMERAL

If BICAMERAL, the house or assembly whose members will choose to elect or nominate the head of the government called PRIME MINISTER or and the MINISTERS or CABINET is the body that actually runs the government.

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SEMI-PRESIDENTIAL OR MODIFIED

PARLIAMENTARY FORM

Political powers like military, foreign relations, clemency, and appointing powers are in the hands of PRESIDENT

Political powers like domestic governance

headed by the PRIME MINISTER

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CHANGE TO FEDERAL SYSTEM

The CHANGE to PARLIAMENTARY OR TO

SEMI-PRESIDENTIAL FORM can be effected immediately

without much problem

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VERTICAL SYSTEM and

HORIZONTAL FORM

VERTICAL DYNAMICS

Central, Regional, Local Relations

HORIZONTAL DYNAMICS

Executive and Legislative Departments

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TRANSPARENCY INTERNATIONAL 15 MOST CORRUPT NATIONS

NORTH KOREA AFGHANISTAN ANGOLASUDAN

SOUTH SUDAN

SOMALIA

ERITREAVENEZUELA

GUINEA-BISSAUHAITILIBYAIRAQ

YEMENTURKMENISTANSYRIA

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TRANSPARENCY INTERNATIONAL 15 LEAST CORRUPT NATIONS

DENMARK NETHERLANDSNEW ZEALANDSWEDENFINLAND

ICELANDAUSTRALIAUNITED KINGDOMLUXEMBOURG

GERMANYCANADASINGAPORESWITZERLANDNORWAY

BELGIUM

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PHILIPPINE PARLIAMENTARY EXPERIENCEThe AMERICANS introduced the

current PRESIDENTIAL

SYSTEM

The 1973 CONSTITUTION

was introduced by the MARCOS

GOVERNMENTNATIONAL ASSEMBLY

An AMENDMENT was later on

introduced in 1976

An AMENDMENT in 1981 shifted to

FRENCH-STYLE SEMI-

PRESIDENTIAL SYSTEM

A Council of Government took the form of a Parliament headed by

APOLINARIO MABINI

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PROPOSED SEMI-PRESIDENTIAL OR

MODIFIED PARLIAMENTARY

FORM

LEGISLATIVE POWER and EXECUTIVE POWER

vested in a UNICAMERAL/

BICAMERAL PARLIAMENT

PRESIDENT TO BE UNIVERSALLY ELECTED WITH RUN OFF ELECTIONS.

PRIME MINISTER, and CABINET all come from PARLIAMENT/NATIONAL

ASSEMBLY

Fusion of Powers

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TERMS AND QUALIFICATIONS

CURRENT SYSTEMTHREE-YEAR terms with a

maximum of THREE CONSECUTIVE TERMS

PROPOSED CONSTITUTION FIVE-YEAR terms with NO

TERM LIMITS

COLLEGE GRADUATE

25 year old minimum age

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THE PRIME MINISTER AND THE PRESIDENT

Prime Minister

President

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POWERS TO BE RETAINED BY THE PRESIDENT

Commander-in-Chief / Military powers

Amnesty to: ▪ Executive Clemency like amnesty and pardon, retrieve

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POWERS TO BE RETAINED BY THE PRESIDENT

Appointing powers of high officials in government: ▪ Prime Minister ▪ Cabinet ▪ Supreme Court ▪ Constitutional Courts

E.g. CONGRESSIONAL INVESTIGATIONS of executive policies and actions, which unnecessarily delay and obstruct legislation.

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SEPARATION OF POWER causes intense rivalry and competition for power between the executive and legislative in a system that has turned very adversarial

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PRESIDENTIAL SYSTEM ALSO FEATURES A PARTY SYSTEM THAT IS WEAK,

UNDEMOCRATIC, UNSTABLE, AND NOT

PROGRAM-ORIENTED

LEADERS AND POLITICAL PARTIES HAVE

NO IDEOLOGIES

DOWNSIDES OF THE PRESIDENTIAL

SYSTEM

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DETERIORATION IN THE QUALITY OF

NATIONAL LEADERS

ELECTION

CORRUPTION DUE TO THE EXPENSE


SYSTEM

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INSTABILITY

PEOPLE POWER

MILITARY INTERVENTION

CONSTITUTIONAL AMENDMENTS TO

EXTEND PRESIDENTIAL TENURE


SYSTEM

TRANSITION TO FEDERALISM

1. Allowing the parliament to create autonomous regions of compact, contiguous and adjacent provinces and cities; and/or to create autonomous territories of some provinces or other political units;

2. Allowing the enactment of organic laws for each autonomous regions or autonomous territories based on the petitions emanating from each respective regions or territories;


The New Constitution must contain the following Provisions:


3. Allowing the expansion of powers to be transferred or shared by the national government to the autonomous governments in every regions or territories by revising the organic laws concern;

4. Allowing the conversion of the autonomous regions to become regional federal states (sub-national units) with their organic laws being transformed into state constitutions;

5. The national parliament shall approve each and every organic law or state constitution before they are submitted for approval in a plebiscite by the registered voters in every autonomous regions or territories concerned.




6. When at least two autonomous regions have been transformed into regional federal states, the national government shall be transformed into a federal government of the Republic of the Philippines;

7. No federal states can exit from the federation and become an independent state without the approval of at least 4/5 of all the members of the Regional Federal State parliament and by the majority votes of all the registered voters in the Regional Federal State concerned.



Federal• National security• Civil, political, intellectual, property,

human rights• Foreign relations• National elections• External trade• Citizenship• Currency/monetary system• Immigration, emigration, extradition• Supreme Court decisions

State• State elections• Regional, metropolitan trial courts• Licensure of public utilities• Administration and enforcement of

state laws• State socio-economic planning• State finance• Peace & order• State infrastructure

• Health• Education• Environment• Social Welfare• Energy• Tourism

Shared

SALIENT FEATURES: BROADENED BASE OF POWER SHARING

Decision-making becomes more local

Local leaders have more power over funds, resources

Specialization of products, services, industries

Inter-state trade and competition

IMPLICATIONS OF STATE AUTONOMY

WHAT ARE WE TRYING TO SOLVE?

Frontline Service Delivery

Peace AgendaBetter Governance

Better Politics

26% Poverty Incidence

20 Poorest Provinces

IMPACT ON PRESENT SYSTEMPeace and Federalism

Peace and FederalismIMPACT ON PRESENT SYSTEM

Anti-political dynasties

Campaign finance reform

Political party reform

Overhaul of COMELEC

PARLIAMENT

ORGANIC LAW ON

AUTONOMOUS TERRITORIES

Common: Fix Politics

WHAT SHOULD BE DONE TO ENSURE SUCCESS?

• Fix politics• Amend LGC• Fix Autonomous Regions

AUTONOMY & SUBSIDIARITY

• Fix politics• Unitary to Parliamentary• Autonomy to Federalism

FEDERALISM

FEDERALISM IS NOT ONE STEP!1. Pass political reform

3. Referendum is passed, within a year, Parliament must enact an organic law defining the Autonomous Territory's land area, powers, obligations and sources of revenues (taxes).

2. Provinces and highly urbanized component cities to evolve first to an autonomous territory.

4. If 3/5 (60%) of the provinces and component cities of the Philippines become Autonomous Territories, then the Federal Republic of the Philippines is created

HOW TO ENSURE

(1) INCLUSIVE, MULTI-STAKEHOLDER

(2) INFORMED, MULTI-PLATFORM

(3) FIX THE POLITICS

(4) REVISIONS NOT AMENDMENTS

HOW TO ENSURE

(5) NOT A SINGLE STEP

(6) ARGUE NOT IN THE MINORITY BUT IN THE MAJORITY

(7) DO THE NUMBERS – FISCAL MATTERS

(8) METRICS OF CHANGE

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FEDERALISM_Atty. Rau