Eulogio “Amang” Rodriquez Institute of Science and Technology

College of Public Administration and Criminology

Manila Campus

Position Paper on Federalizing Philippine State

Argumentation and Debate

Submitted by;
Benjamin III D. Miranda, BPA 2-A
Submitted to:
Prof. Felipe K. Jamero

School Year 2020, Second Semester

INTRODUCTION

In a modern world that straddles to ever-changing systems just to follow what the
current situation needs so as the government should overlook on some preferred
changes to address pre-existing problems. As the current governance of the Philippines
deals with several challenges which require in-depth and long-term solutions that affects
social, political and economic aspect, Federalism had its way proposed on every
administration and considered as the alternative solution and a valuable step in order to
curb the current struggles of the unitary form of government but hampered due to some
reasons.

Federal system is different from the unitary system which entails that greater
power sits on the central government while the local government has also power under
that system, it is limited, restricted and controlled by the national government (Concepts
of Federalism.(n.d.)). Federalism is defined as the division of powers between the
National or Federal government and the State or Local Government and also both will
have sovereignty (Lazo, 2009). The function of the Federal government focuses on the
large scope of the territories while the function of State Government pertains to the
smaller ones that addresses only on a specific state in which this government also
enjoys it’s autonomy without the interference of the national government and having
their own state executive, legislature and judiciary. Federalism gives power on a specific
local government to make laws in its territory Federalism.(n.d.). At the same time,
according to Law (2013), Federalism refers to a political system that has “equality of
status” between the elements of the government.

One of the popular and best example of Federal form of government is America.
According to Lazo (2009), each state in America is enjoying a greater form of autonomy
that having their own State Executive or known as the Governor together with their
Judicial and Legislative system. According to the Federal Constitution of America, state
laws of each state must follow and be dominated by the power of the Federal
Government (Lazo, 2009). Federalism provides an overview on what termed as division
of power in which the Federal Government has exclusive power is only and solely to the
national government and concurrent power in which the both layers can exercise this
power.

On the other hand, according to Elefante (2018), on the discussion titled Federal
rising in the Philippines, a conference about different views on federalism that focuses
on three countries which are Germany, Canada and France, in the view of federalism in
Germany as what Benedikt Seeman stated that the federal system of Germany have
like the two types of powers i.e. Executive and Shared power and there is also state
constitution and government in every and each of 16 States in Germany. Federal law
has the dominant authority over the state powers while the government uses the top-
down approach. In the means of interaction each of states and federal in discussing
political responsibilities, the country have the term “Bundesrat” a place that puts political
discussions about national politics and federal policies in which delegates brought by
the federal states gather and work here. The taxes are also shared in the two
governments, there’s a system in the redistribution in the financial means called the
equalization of payment on the government and the members of federation and as well
as the sharing among states is vertical while horizontal between state and federal.
Additionally, Seaman pointed out that, it is essential to consider the gathering of data, in
order to see the best, Filipinos should see differences and also Federalism has a price
and works best when partnered with parliamentary government.

In another version of Federalism is what Canada have, Julian Payne, the

president of Canadian Chamber of Commerce in the Philippines implied, as stated in
Elefante (2018), there’s a division of sovereign power, Canada is different in Germany
when it comes to domination of authority of Federal government to State Government
since Canada’s Federal cannot govern the states. A constitutional court’s role is to
resolve the dispute between these governments. An important insight to see is that the
evolution of system of Canada had its roots from a colony and as the country’s external
events like cultures and histories changes, it becomes a federal state. So Canada’s
system is based on what is the trend and consistently changing to fit in.

Canada’s has a head of government who is elected and a head of state who is
Queen Elizabeth is not elected. This country in terms of having powers of other
provinces while other don’t is the symmetry of powers and delegation of powers is
included. In assuring the movement of sharing of wealth in vertical and horizontal there
is a financial arrangement. The significant four points are the national policies are
allowed to be customized, local governments have to be aware of its people, the
sharing of wealth and the government’s check and balance provision.

For a decentralization to be effective, federalism is just the approach needed to

achieve this. Although, federalism is not only the option but it can be an alternative. The
regional parliaments appointed the senate. In order to provide a check and balance in
the relationship of provincial and state government, a party discipline is there. And also,
to resolve differences, the negotiation of provincial premiers can be done with the prime
minister. When it comes to business, federalism has a tremendous effect on these by
the means of labor laws and taxes. And, at the same the labor laws and federal income
tax are at the supervision of federal or provincial jurisdiction.

Unitary with a decentralization not a federal form is what France have. As

Laurent Le Godec of the Charge d’ Affaires of the Embassy of France to the Philippines
explained that they believed on having a firm executive power although this power is
divided to President and Prime Minister in which the Prime Minister is appointed by the
president. France is also known as semi-presidential parliamentary government. An
adaptable to what is essential is what characterizes the France Constitution is. France
since decentralized, strengthens the local government, civil servants are also trained in
this level and at the same time the businesses also deal in this level not involving the
national and solves the issues pertaining to social and cultural aspects. France also
faces challenges in economic wealth sharing and struggles in conducting strategies
inclusive growth.

The three countries projected a sort of overview of what is federalism in its states
for how it works and as basis to consider adapting federalism in the Philippines that
sheds light on the idea that this kind of system may bring lasting change for the better
as provided by the experts.

Nowadays, Philippine government deals with numerous challenges like

unbalance allocation of funds, the diversity conflict and the income for each and every
cities, municipalities and provinces. The need to transfer the current unitary system to
shift in federal system provides some reasons to consider according to some experts.

Meanwhile, considering the change of form of government, the problem here is

how the government will adopt that certain kind of system and will that be an effective
way to solve issues on diversity specifically on the disputes in Muslims in Mindanao and
there challenges that the Philippines has to face since changing a form of government is
not that easy, a lot of studies and considerations of consequences should be
addressed.

FEDERALIZING THE PHILIPPINE STATE

The proposal of transferring from unitary to Federal form of government in the

Philippines can be traced from the past. Some stated that it started from President
Laurel, in the regime of Marcos and in history, several attempts on experimentation of
autonomy to address the problems with the Philippine Muslims and other cultural
minorities while in the time of Aquino as the democracy restored, the new local
government code of 1991 has been created to promote decentralization so that the
government can reach out the people. The Charter change is also held in the time of
Arroyo and in the present time President Duterte is also called a constitutional
convention to review the 1987 Constitution and there’s draft for that. Federalism offers a
way in dealing with the persisting problems of regional dissidence and promoting the
participation in government. (May, 2007).

According to Brillantes and Moscare, Federalism would solve the problem

caused by the geographic location that Philippines has and to break the unequal
distribution of powers since the national government is centralized in Manila that’s why
others termed it as “Imperial Manila”. The ideas propelled by Brillantes and Moscare
explained further the need to change the system of the government that the Philippines
has. As a solution to the problem, Local government code of 1991 is more precise than
its predecessors but became unproductive in some LGU’s since most of the success
falls in urban areas. Lazo (2009).
 Meanwhile, the paper titled “Federalism versus autonomy in the Philippines”, the
article briefly discussed several points on history about the separation of Philippine
Muslims or Moros as termed by the colonizers, also to the movements of government in
attaining peace process particularly the Tripoli agreement and the like, the evolution of
local government code amendments which provide positive ground for the idea of
Federalism. Hence, the paper sought to determine whether the Federalism will work or
not is left hanging and still remained seen and there should also several debates
containing the freedom of the Moros the concerns of these constituents must be
addressed. Federalism seems to be good in papers but in reality may not. As what May
noted, Federalism is promoted to procreate the local political dynasties. On the
discussions in Constitutional amendments, critics specifically, one of the commissioner
named Romualdo, provided emphasis that federalism will not work since there’s no
sufficient resources, without resources it would useless independent entities and other
members said that if the difficulties to harmonizes laws nationally when each state
creates or drafts their own legislation. (May, 2007)

Additionally, in terms of the Decentralization which refers to a division of power

which comes from the central authority and the local autonomy that means to the
autonomy of a specific place to do things as prescribe from the national on their own,
according to Buendia (1987), the need to consider the federalism in the current unitary
form and different policies on the political decentralization provides different reasons
which are the unequal power of the local government in imposing their own tax that
LGU’s can’t be self-reliant since the allocation of funds are still controlled by national
government. And, which constitutes the heavy reliance of the local government in the
national government that is to say the policies for the local government to turn to be
ineffective and irrelevant and the “illusionary decentralization” that pertains to being
decentralized the powers and administrative works that seems only decentralized
however controlled by those in the center as Buendia added.

In the study pursued by Raul G. Moldez titled “Perceptions of Graduate Students

on the Federalization of the Philippines” that sought to determine the viewpoint of
selected respondents on the basis of several political issues about the federalism in the
Philippines. The respondents were comprised of 25 students who is taking up masters
in Government Management at Cagayan de Oro College-Phinma Eduation Network in
Cagayan De Oro City. Based from the results of the study, Federalism in overall gained
advantages from the answers provided by the students. The selected respondents
agreed positively that Federalism will strengthen the national security, it will promote
more decentralization in the local government since the current unitary form failed to
enforce more of autonomy in local sector, there's a strong need to amend the
constitution since the students also agreed that Federalism is appropriate and the
Phillipines's government can changeable to federal form. Furthermore, Federalism
effectuates politcal unity among people and political culture of the filipinos fits to Federal
system as perceived by the repondents. However, the renpondents remained uncertain
on the ideas that federalism idea is what filipinos want and wish for and if federalism will
cause diversity in the enitre country. The researcher further recommends more of the
elaboration and orientation of what federalism is by focusing on the advantages of
especially as federalism will not promote more of diverse situation and why federalism
needs to consider. Also, the experts particularly the public administrators and the
academe should need to conduct lots of studies in this matter.

Some insights about the necessary reasons to consider in the proposal of federal
form were elaborated by Maudil (2018) in which focuses on the people working in the
government will not change as federalism is just only change the form of government it
has. Malaysia’s form of government is what Philippines can learn from. Political leaders’
opinion must be heard about federalism. Since, all sides of the implication of federalism
have not studied by some political leaders, the risks to prevent are the most important
which are the power that they can gain when this kind of government is established,
maintaining their position to manipulate peace and order, votes and security to benefit
them that gives way on the practices of monopoly of violence to the people in their
community that is why these can be avoided by means of safeguarding the process
transitioning and designing federal form of government. Politcal-cultural dimensions
must be included in the structure of federalism, participation of through partnership and
cooperation of Leaders and their constituents this can be achieved as what Maudil
stated there must be a check and balance from both of the parties in terms of
negotiation and in the part of agreement. In addition to that, Maudil also noted that to
ensure no one is left behind, there should be a comprehensive consultations conducted
by the government. And, there should be preferential option that includes the minority
groups in the table of transition since they are ones who have been neglected by the
government.

Tayao noted some essential points on his paper titled “Federalism and the
Challenge of Politics and Administration in the Philippines” that the root cause of slow
improvement the current system is the struggle on the personal interest of the political
dynasties that sums up unproductive actions made by the government. There must be a
real reform which constitutes all necessary considerations that will address on the
overall problem of the system of government that Philippine has. Rebuilding the public
institutions in which includes political and administrative. The goal of the Federal Project
is not just only giving more funds to the local governments and the autonomy it should
also solve the challenge on the political patronage and come up with an effective
mechanism that will administer to manage the distortion of the country caused by the
political elites in both politics and economy. Aside from the restructuring the vertical
approach in the relationship of the tiers of government, there must be also “instituting
the basic principle of “subsidiarity”, the approach should be more comprehensive to
include the political, electoral, and political party system” as Tayao added. The
institutions of Bureaucracy, judiciary and civil service should be enhanced and these
must be not dependent on partisanship. However, a real competition must be welcomed
in the economy these are the complementary reforms that will reduced the possible
consequences in providing more power at local and regional levels. For a better detailed
set of political institutions, a comprehensive studies are also required. (Tayao, 2018)

THE ADVANTAGES AND OPPORTUNITIES IN FEDERALIZING PHILIPPINE STATE

Federalism delivers different advantages that sought to bestow solutions to the

current and existing problems. Like according to Abueva as cited in May (2007) in its
CMPF draft constitution, provides six advantages of Federalism, First, focuses on the
peace strategy to unite diversities in culture, religion and ethical especially on the part of
Muslim Filipino People in Mindanao. The responsive federalism will function to solve
any conflicts arising in Mindanao. Second, people will be more improve in life,
participatory governance in which people can deal with in order to have awareness in
the political culture and a better governance as to reducing corruption.

Third, Federalism will empower the lower tier of government specifically the
LGUs with the mechanism of federalism, there will be more income through taxes in
order to fund government projects. Fourth, federalism will accelerate the development of
the country different strategies like since there’s different ideas and ways to improve the
regions in which leads to more investment and attract tourists and also this idea would
benefit the marginal sector . Fifth, parliamentary system partnered with Federalism will
improve the performance in conducting programs of political parties whether in or out in
power. Sixth, Federalism is to achieve improved democracy allowing people to exercise
their rights and to have better lives and to aim having accountable and responsible
leadership in governance. (CMFP Draft Constitution, February 2005, pp. 4–5 as cited in
May, 2007)

Additionally, according to Joel Rocamora as cited in May (2007), an academic

activist and the head of Institute of Popular Democracy, the centralized form of power in
the Philippines have been noticeable for only controlling the tiers of government and the
federal system will allow the nearer communication between certain leaders in each
states and its constituents since the power and authority is not far from people.

THE DISSADVANTAGES AND CHALLENGES OF FEDERALIZING PHILIPPINE

STATE

In contrary to the possible benefits of federal system, it also bears disadvantages

so to consider as challenges that should clearly studied in order to come up with an
effective solution. As discussed in a paper titled “Federalism and Inclusion in
Developing Economies” by Fabella & Daway-Ducanes (2018) that depicts on the
negative part of Federalism in accordance to empirical research and statistical evidence
in which contradicts the idea that Federalism will lower the poverty rate and income
alleviation on the basis of the regression bar. Although the pro-federalism claims
expressed the effects of federalism in reducing poverty and equal distribution of income,
the researchers clearly elaborated that federalism will not lower the incidence of poverty
and severity in average level countries and concluded that it can cause higher level of
poverty incidences in developing economies, since Philippines is one of the developing
economies, the findings of the researchers on shift in federalism is that Federalism will
fail that it can bring greater income inequality.

According to Heydarian (2018) on his article titled “Does Federalism Make Sense
For the Philippines”, expressed some concerns on the negative impact of Federalism.
First, Federalism has failed to close the developmental gaps in countries like India, Iraq
and Nigeria. Some states were not ready and not capable of generating their own taxes
and at the same time, the richer countries will be more richer in having many of their
resources which results to deepening gap with other regions citing the example of US in
its rich coastal states of California and New York and southern and Midwestern states
on its developmental gap. He also provides that on a paper, federalism is so good while
in reality it will just worsen the already diversified in language, culture and religion

A genocidal civil was also seen in Yugoslavia in having a federal setup. On the
other hand, Political dynasties will be more prominent and have more power providing
that as Heydarian argued in accordance to academic studies that “around 178 so-called
political dynasties” that refers to “control 73 out of 81 provinces across the country” and
the possibility of controlling the restrictions on the promotion of political dynasties were
seen since 70% of Legislature is controlled by them and these political dynasties will
just dominate the local legislature. And the professor added that enormous number of
Filipinos according to the surveys that are not in favor of constitutional change and do
not know the implications underlying in it.

In contrary to what Heydarian noted, Atty. Alberto Wilfredo O. Oxales Jr, co-
author of the book The Quest for a Federal Republic – The PDP Laban Model of
Philippine Federalism his perception on the unequal development and poverty in the
provinces farthest from NCR were caused by centralization and when it comes to
developmental gaps, Oxales said that the people in certain region will know better
what’s good in that region, it enables to see how much their region needs and there
should be the concept of autonomy and interdependence that focuses on region’s
sharing of resources to prevent others to be left behind is what constitutes a successful
Federalism. (Cañaveral, Francia & Satiago, 2018). Meanwhile, on the course of banning
the political dynasties, Leonen (2018) stated that the statement under “Section 8(b)
explicitly prohibits that any person “related to an incumbent elective official within the
second civil degree of consanguinity or affinity” to run for the same position in the next
election. Section 8(c), likewise, clearly prohibits family members to run “for more than
one national and one regional or local position.” “However, in the event that two or more
members of the same family are running, the member who shall be allowed to be a
candidate shall be determined by the drawing of lots,” the draft federal Charter stated as
stated in Leonen (2018) which proves that political dynasties will be averted in the
proposal of federal system.

According to Mendoza (2016), Federalism will make more worsen and

fragmented the already diversified regions of the Philippines. The ex-justice also noted
the there is no problem in unitary form of government the struggle is that the real
essence of allowing local government to exercise its functions is not fully realized that
always favours the national government like the 60-40 mechanism. What is needed is
not Federalism but of empowered decentralization. The ten-year period in the transition
of federal system is not realistic since there is also a need to trained public officials for
policy making in order to make them independent that which will take more time than to
what is expected.
CONCLUSION

The idea of federalizing the Philippine state covers advantages in which stands
as promise to change the decades old problem on first, the conflict between the cultural
diversity of the Moros in the south as Pimentel noted that it can be solved and as to
what CMPF Draft Constitution’s first advantage that it will resolve the dispute in that
part. Second, the distribution of funds since the problem of local government lies on the
insufficient resources to sustain in its territories which leads to an increased in poverty
rates that is where federalism works as supported by claims stated from experts.
Considering the federal form of government leads to another way to battling different
issues imposed by the changing environment.

A better governance is not just only relying on the sound policies and the kind of
government it has but is necessary to attain the good and right leaders managing it. As
Tayao noted, Federalism gives opportunity to change and to solve various concerns
pertaining to problems which requires what federal system constitutes. However, this
will put into bane when the ideas and reforms were not really tackled seriously by
different perspectives and including political dynasties that protects and ensuring their
grip in power will just put federalism into vain. Thus, according to section 8 b and c of
the draft federal constitution, political dynasties will prevented that mockers the
democracy’s definition “of people, by the people and for the people” said by ex-former
Chief Justice Reynato Puno – the chairman of the consultative committee (Con-com) as
cited by Leonen (2018)

Meanwhile, since all types of form of government have its advantages and
disadvantages and in terms on the challenges brought by the idea of federalism were
that some of Filipinos didn’t really know or have just a little knowledge about federal
system and that federalism reflects as their dream or want as cited in a study mentioned
earlier. Another is that poverty and the already divided regions will be just worsen by
that kind of government contrary to that, the experts looking on the federalism as option
answered those concerns. The abovementioned disadvantages brought forth
challenges to federalism that is need to clearly studied and put all necessary
consideration before moving on the of changing the form of government. However,
federalism’s role according to Tayao is the opportunity to reconstruct the current local
governance without quickly and extreme change on the present LGUs in which lights up
on the condition that there’s a possible that the proposed style of federalism will bring
change.

Hence, considering all the presented primary and secondary sources, the
researcher is in favour of Federalizing the Philippine state which will first bring change
to the pre-existing problems in which also the approach of federal system is the next
step as prescribe by the experts. This form of system projects many benefits and
advantages. In spite of this, there are also disadvantages or the challenges that are
necessary to be resolved, some of these struggles have also suggested solution as
imposed by the primers of Federal system. In attaining good governance, Federalism
will go in its way to make it through.
Bibliography

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Heydarian , R. (2018, July 19). Forbes. Retrieved from Does Federalism Make Sense
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Policy Paper Materials

Tayao, E. S. (2018). Federalism and the Challenge of Politics and Administration in the
Philippines. Critical Perspectives on Federalism for Regional Development
Proceedings of the Third Annual Public Policy Conference 2017 (pp. 15-22).
Philippines : Philippine Institute for Development Studies.