BALANCING THE DISTRIBUTION OF GOVERNMENT POWERS - … · Sab Pablo San Pedro Santa Rosa Batangas Lipa Tanauan Lucena Tayabas Antipolo. 4. The Federal State of Bicol covering: No

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.].

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AsidefromtheExecutive,Legislative&JudicialDepartments

THERE ARE CONSTITUTIONAL COMMISSIONS THATEXERCISE INDEPENDENT GOVERNMENT POWERSVESTED IN THEM BY THE CONSTITUTION, NAMELY:

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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.

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1.TheAutonomousRegionofMuslimMindanao(ARMM)

Note:For purposes of our discussion, ARMM issues are given more focus.

TWO RegionalGovernmentsarerecognizedbytheConstitution:

2.TheAutonomousRegionoftheCordilleras(CAR)

12

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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

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THREEMAJORNAT’LGOV’TDEPARTMENTSARELARGELYAFFECTED

BYTHELGCODE

Agriculture Health SocialWelfare

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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.

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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)

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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.

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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

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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.

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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.

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Some provisions of the presentConstitution are proposed for retentiondespite the move to federalize thecountry.

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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.

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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)

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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.

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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

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COMBINED TOTAL POPULATION = 9,248,726 COMBINED TOTAL LAND AREA = 6,066,346ha

1. The Federal State of Northern Luzon covering:

Tuguegarao Cityasthecapitalofthestate

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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

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… Luzon States

2. The Federal State of Central Luzon covering:

No. of Provinces

No. of Cities


No. of Barangays

7 14 116 3,102

Tarlac Cityasthecapitalofthestate


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

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3. The Federal State of Southern Tagalog covering:

No. of Provinces

No. of Cities


No. of Barangays

5 19 123 4,018

… Luzon States

Tagaytay Cityasthecapitalofthestate


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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 Barangays

5 6 87 2,921

… Luzon States

Legazpi Cityasthecapitalofthestate

36

COMBINED TOTAL POPULATION = 4,585,761COMBINED TOTAL LAND AREA = 1,400,404ha

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4. The Federal State of Bicol covering:

Legazpi Cityasthecapitalofthestate

POVINCES RegionV Albay CamarinesNorte CamarinesSur Catanduanes Sorsogon

CITIES RegionV

Legaspi Ligao Tabaco Naga Sorsogon Iriga

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No. of Provinces

No. of Cities


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


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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 Barangays

5 17 136 3,553

…Visayas States

2. The Federal State of Central Visayas covering:

ToledoCityasthecapitalofthestate


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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

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No. of Provinces

No. of Cities


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

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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

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No. of Provinces

No. of Cities


No. of Barangays

5 2 71 1,459

4. The Federal State of Minparom covering:

…Visayas States

Mamburao,MindoroOccidentalasthecapitalofthestate

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COMBINED TOTAL POPULATION = 2,521,998

COMBINED TOTAL LAND AREA = 2,961,632ha

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4. The Federal State of Minparom covering:

…Visayas States

Mamburao,MindoroOccidentalasthecapitalofthestate

PROVINCES RegionVI‐B

MindoroOriental MindoroOccidental PalawanandtheKalayaanIslands

Romblon Marinduque

CITIES Calapan PuertoPrincesa

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No. of Provinces

No. of Cities


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


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.

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No. of Provinces

No. of Cities


No. of Barangays

11 13 118 2,943

2. The Federal State of Southern Mindanao covering:

…Mindanao States

DavaoCityasthecapitalofthestate

50


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

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No. of Provinces*

No. of Cities


No. of Barangays

5 4 116 2,572

3. TheFederalStateofBangsamorocovering:

…Mindanao States

Marawi Cityasthecapitalofthestate


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.

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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)

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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

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