A Proposed FEDERALISM:

Philippine Model

Diosdado P. Estimada, Ph.D.

  Backgrounder: Why change to a Federal
Topic Outline: Republic? How do we justify a shift from our
traditional Unitary System to the Federal
Part I System?
 What is Federalism?
 Organizational Structure.
 Open Forum.
  Salient Features of the Proposed Amendment to
the 1987 Constitution Towards Federalism.

Topic Outline:  Modes of Amending the Constitution.

 Is there a need to amend the Constitution?
Part II  If there is such a need, what is the best mode of
amending the Constitution?
 Open Forum.
Backgrounder
Question: Why change to a Federal Republic?
How do we justify a shift from our traditional
Unitary System to the Federal System?
Answer: The Philippines is currently under a unitary
form of government - this means that the central
government is the highest governing power.
 A unitary form of government is a country that is
ran by a single unit of power, known as the central
government. This central government makes all of
the decisions, laws, and policies for the entire
country.
 Because of this system, problems in the far
distance communities in Mindanao, Visayas, and
other parts of Luzon, are decided by the
Malacanang Palace, Congress, Judiciary and other
national executive departments and agencies which
are all stationed in Metro Manila.
 Imagine that rural problems in the communities of
Luzon, Visayas, and Mindanao are decided by the
people stationed in Metro Manila.
 This is simply because the powers, authority, and
resources of the Republic of the Philippines are
concentrated in the Imperial Metro Manila where
the National Government is stationed
 This representation believes that central
government has no exclusive knowledge of the
problems and needs of the far rural areas. Remote
rural areas can be dealt effectively by the local
people in those areas.
 Obviously, centralization of authority is itself a
problem and unitary system always creates
totalitarianism.
 In the Philippines, while it is true that the local autonomy principle in
the 1987 Constitution and the Local Government Code of 1991 are
supposed to promote decentralization and actual devolution or
transfer of powers and functions from the National Government to the
local governments.
 However, in practice, the National Government is
still highly centralized. The President exercises
general supervision as well as actual control over
all local governments. Most decisions are therefore
made at the national capital region of Metro Manila.

 Even the share of the local governments of the

Internal Revenue Allotments may be reduced or
delayed contrary to law.
 This practice is prone abuse and therefore
corruption is inevitable
 HENCE, the proposal to adopt a concrete, practical
plan to speed up the development of the country
and our people, by installing:
 The FEDERAL System: known as “The Federal
Republic of the Philippines”
 By installing Federalism is to dismantle “Manila
Imperialism”
What is Federalism?
Philippine Model
It is a system of government in which power is
divided between a central authority(Federal)
and various regions (States).

Federalism
 Federalism divides the country into several
autonomous states with a national government.
 The autonomous states are even further divided
into local government units. They will have the main
responsibility over developing their local industries,
public health and safety, education, transportation,
and culture.
 These states have more power over their finances,
policies, development plans, and laws.
 The United States, Switzerland, Germany and
Australia, Canada, India, Malaysia and Brazil are
examples of countries with a federalist form of
government.
 The proposed Federal Republic or Federal System
is based on the so-called principle of dual
sovereignty.
 As a principle of governance, it is a system that
accommodates both self-rule of the constituent unit
and shared-rule at the federal level.
Two Levels Structure OF PHILIPPINE FEDERAL SYSTEM

FEDERAL REPUBLIC OF THE PHILIPPINES

Various Regions National Government

FEDERAL
STATE

Government for the entire country (Federal)

Governments at the level of regions (States)
Both enjoy power independent of the other.
  Anchored on the principle of self-rule, each State
shall frame its own Constitution, adopt its name,
and choose its capital, flag, anthem and seal.
The Regional  It shall enforce its laws, policies and rules in

(States) accordance with its own Constitution and this

Constitution, and shall establish cooperative
relationship with other States for their mutual
support and progress.
  The legislative power shall be vested in the State
Assembly which shall have exclusive powers to

The State enact laws on regional matters.

 Each State Assembly shall be composed of
Assembly members who shall be elected within the State, the
number of which shall depend on the total
provinces or Assembly districts of the regions, on
cities and municipalities in the case of Metro
Manila.
The State Governor

 The executive power of the State is vested in the Governor. The

Governor and Vice Governor shall be elected by direct vote of the
people in the State.
 The Governor and his/her Vice Governor shall serve for six years
without re-election, and shall commence from the date of the
proclamation and shall end on the date of proclamation of their
successor.
 The Local Government Units of the State
shall consist of cities, municipalities and
barangays. The provinces are deemed
abolished as political units and shall be
treated as administrative subdivisions of a
State.
 As political components of the States, the
The Local
local government units shall be vested with
the autonomy and authority that will enable
Government
them to perform their functions efficiently
and effectively, to attain their full potential as Units of a
self-reliant communities and to collaborate
with the States and the Federal Republic in
achieving common goals for their mutual
State
benefits.
Responsibilities of Regional (States)
 Most other government functions and
services that impact directly on the lives of
the people shall be the main responsibility
of eleven States or regional governments
and their local governments.
 These include peace and justice;
agriculture and fisheries; energy,
environment & natural resources; trade,
industry and tourism; labor and
employment; public works, transportation
and communication; health; basic
education, science and technology; culture
(language, culture and the arts); social
welfare and development; and public
safety and police.
The States
(Estados)
f
Locals Decide for Themselves
Regions/State have their
own unique problems,
situations, geographic,
cultural, social and
economic contexts.
Federalism allows them
to create solutions to
their own problems
instead of distant Metro
Manila deciding for them.
Responsibilities of Federal (National Government)
 The Federal  The Federal Government shall be responsible only
for national security and defense, foreign

Government relations, currency and monetary policy,

citizenship, civil, political and other human rights,
immigration, customs, the Supreme Court, the
(Gobyerno Constitutional Tribunal, and the Court of Appeals,
and such other functions of federal governments.
Federal)

f
Power Sharing and Coordination between
Regional (States)
and Federal (National Government)
 The Federal and  Environmental Protection
 School Calendar Days
State Governments  School Curriculum
Are Coordinating on  Qualifications of Teachers
the following  Enact and Enforce law and Order
aspects:  Tax Collection
In allocating the resources of the Republic, all
revenues shall be the basis, not only taxes collected
by the Bureau of Internal Revenue. The sharing
percentages shall be as follows:

Percentage Share of
20% Federal Government

80% States Government

SHARING OF 80% BETWEEN STATES AND LGUs

Percentage Share of

30% State Government

70% Provinces, Cities,

Municipalities &
Barangays
Under this formula, the shares of the
provinces, cities, municipalities and
barangays will be bigger than what is
currently provided for under the local
government code.
Advantages
Question: What are its advantages and why is it
attractive to Filipinos?
Answers: Firstly, under a Federalist form of
government, states government are empowered to
make their own decisions.
They no longer need to rely on the central government
to decide for them. This is important to note in the
Philippine context because of the vast geographical
and cultural differences between regions - differences
that the central government may not always be able to
cater to.
Secondly, local people can decide for
themselves. It means local problems are
decided by local people.
In the Philippines, regions have their own
unique problems, situations, geographic,
cultural, social and economic contexts.
 Federalism allows them to create
solutions to their own problems instead of
distant Metro Manila deciding for them.
End of Part I

Open Forum
 Part II
Salient Features of Federalism
 Salient Features of the Proposed
Amendments to the 1987 Constitution
Towards Federalism
There will only be ONE CONSTITUTION
One Armed Forces of the Federal Republic
One Flag
One Central Bank
One Monetary System
One Foreign Policy
One Public Education System
 Salient Features of the Proposed
Amendments to the 1987 Constitution
Towards Federalism
Official Name: Federal Republic of the
Philippine
The Federal Republic of the Philippine
shall bear Red, White and Blue colors
with a Sun and Eleven Stars
representing the 11 states.
 The Eleven States
STATES PROVINCES CAPITAL
Manila,Quezon City,
Makati City, Mandaluyong
City, Pasig City, Pasay
Federal Administrative City, Marikina City,
Region Caloocan City, Muntinlupa Manila City
of Metro Manila City, Las Piñas City,
Parañaque City,
Valenzuela City, Navotas,
Malabon, Taguig, Pateros
and San Juan City

Region I: Ilocos Norte,

Ilocos Sur Pangasinan,
Northern Luzon and La Union Region II: Tuguegarao City
Batanes, Cagayan,
Isabela, Quirino, and
Nueva Viscaya
 The Eleven States
STATES PROVINCES CAPITAL
Region III:
Aurora, Bataan,
Bulacan, Nueva
Central Luzon Ecija,Pampamga, Tarlac City
Tarlac, and
Zambales

Region IV-A :
Cavite, Laguna,
Southern Luzon Batangas, Tagaytay City
Quezon, and
Rizal
 The Eleven States
STATES PROVINCES CAPITAL
Region V: Albay,
Camarines Norte,
Bicol Camarines Sur, Legazpi City
Catanduanes,
and Sorsogon

Region VIII:
Eastern Samar,
Eastern Visayas Norther Samar, Catbalogan City
Samar, Biliran,
Leyte, and
Southern Leyte
 The Eleven States
STATES PROVINCES CAPITAL
Region VII:
Bohol, Cebu,
Central Visayas Siquijor, Negros Toledo City
Oriental, and
Masbate

Region VI:
Aklan, Antique,
Western Visayas Capiz, Guimaras, Iloilo City
Iloilo, and
Negros
Occidental
 The Eleven States
STATES PROVINCES CAPITAL
Region VI-B: Mindoro
Oriental,Mindoro
Occidental, Palawan and Mamburao, Mindoro
Minparom the Kalayaan Occidental
Islands,Romblon, and
Marinduque

Region IX: Zamboanga

Sibugay, Zamboanga del
Norte, Zamboanga del
Sur, Region X: Bukidnon,
Camiguin, Lanao del
Northern Mindanao Norte, Misamis Cagayan de Oro City
Occidenta,l and Misamis
Oriental Region XIII:
Agusan del Norte,
Dinagat Island, and
Surigao del Norte
 The Eleven States
STATES PROVINCES CAPITAL
Southern Mindanao Region XI: Davao
Oriental, Compostela
Valley, Davao del Sur,
Davao Occidental,
Davao del Norte, Davao City
Region XII: South
Cotabato, Sarangani,
North Cotabato, Sultan
Kudarat, Region XIII:
(Caraga, Agusan del
Sur, and Surigao del
Sur
Bangsamoro Lanao del Sur,
Maguindanao, (Shariff
Kabunsuan), Basilan, Marawi City
Sulu, and Tawi-Tawi
  Prohibits categorically and/or bans definitely
Salient Features of political dynasties as a self-executing policy to
guarantee equal access to opportunities for public
the Proposed services. (Art.II, Sec. 26)
Amendment to the  Justification: Article II, Section 26 of the 1987
Constitution states: “The State shall guarantee
1987 Constitution equal access to opportunities for public service and
Towards Federalism prohibit dynasties as may be defined by law.
 This policy of the state against political dynasty is
non-self-executing provision of the Constitution.
Congress must first pass a law defining political
dynasty and prescribing penalties for violation
thereof such as disqualification of a member of a
political dynasty to run for elective office.
 Without an implementing law on political dynasty to
wake up such policy, it will remain a sleeping
provision of the Constitution.
 Salient Features of the Proposed Amendment
to the 1987 Constitution Towards Federalism

Adopts a two-party system with a Presidential Form of

Government to ensure a true and clean mandate of the
majority of the sovereign people.
 Justification: To ensure majority and avoid plurality votes.
Note: There were 54.4M registered voters in the 2016 polls
(source: Comelec)
Candidates Votes Percent

Rodrigo Duterte 15, 970,018 38.6%

Manuel Roxas 9, 700,382 23.4%

Grace Poe 8, 935,733 21.6%

Jejomar Binay 5, 318,249 12%

Mirriam Santiago 1,424,520 3.4%

 Salient Features of  In defense of human dignity and constitutional
the Proposed protection for the sacredness of human life, this
Amendment to the Constitution stands resolutely for the value of the
right to life, and hereby prohibits absolutely the
1987 Constitution imposition of death penalty in any manner and for
whatever purpose.(Art. III, Sec. 19)
Towards Federalism
 Justifications:
1. Respect for and keeping the Faith of a
predominantly Christian nation
2. Compliance with commitment to International Law
in defense of and protection for the human rights
3. Right to life is granted to the human person by
Natural Law which was in force and effect before
there was any State
4. A State has no legal power to subjugate human
being, his/her dignity and inherent rights in the
name of national security for the common but a
moral obligation to safeguard and not to kill them
 Salient Features of  The inclusion of FOUNDLINGS as deemed natural-
the Proposed born Filipino citizens.(Art.VI, Sec. 2).
Amendment to the Justification: (The case of Sen. Grace Poe)
1987 Constitution  Art. II, Sec. 2 of the 1987 Constitution says “The
Philippines……………………adopts the generally
Towards Federalism accepted principles of international law as part of
the law of the land………………………..
  A unicameral legislature in the federal Republic: the
Salient Features of Senate
the Proposed  Thirty-three (33) Senators who are proportionally
and equally represented by three (3) Senators per
Amendment to the State and directly elected by the electorate in that
1987 Constitution State
Towards Federalism  Amended qualifications: 50 years of age and at
least a college graduate.
 Justifications: From 35 to 50 yr. old.
1. On age, 50 yr. old prospect Senator may mean a
ripened, harnessed and seasoned personality in
terms of maturity, stability, wisdom and decades
of rich experiences.
2. It may imply to a prospective Senator his /her
readiness to Give, to be widely Open, Lead,
Decide, and Do in-depth and sensible legislation.
 On College Degree:
1. With college degree as a minimum requirement is
far better, more advantageous and beneficial than
with no college degree at all. The knowledge of
legislation demands extensive study of various
solutions to multi-faced problems relative to the
subject of legislation.
2. This needs creative and critical reading and
writing skills which are learned the hard way
through the years in College or University.
Amendments to the 1987 Constitution
Is there a need to
amend the
Constitution?
Answer: Yes, there is.
 Because of the desire to adopt the Federal System
of Government in the Philippine.
 Justification: 1987 Constitution prescribed a Unitary
Presidential System of Government
If there is such a need, what is the best mode of
amending the Constitution?
There are three (3) modes of amending the 1987
Constitution, namely:
1. Constituent Assembly (CON-ASS)
2. Constitutional Convention (CON-CON)
3. People’s Initiative (PI)
 People’s Initiative to
amend the the 1987
Constitution is the Best
Option.
“PEOPLE’S INITIATIVE” (PI), the third Mode of
Constitutional Amendments is Much Better than
Constitutional Convention (Con-Con) and Constituent
Assembly (Con-Ass).
Reason:
1. PI is a political right devoid of vested interest and
suspicion;
2. PI is an unprecedented exercise of a
constitutional right of the sovereign Filipino
People to frame Fundamental Law that will bring
about Stability, Security, Certainty, and Integrity of
our country and nation, the Philippine; and
3. Proposed Draft of Amendments to the 1987
Constitution truly Reflective and Expressive of the
sentiments, aspirations and collective wisdom
and efforts of the Filipino people.

Mag-PI na tayo and be co-proponents and co-

petitioners thereof.
 People’s Initiative has Constitutional Basis, an
Enabling Law, Jurisprudence and Implementing
Guidelines, to writ:
 Sections 2 and 4, Article XVII, 1987 Constitution;
Legal Basis of  R.A. No. 6735, otherwise known as “The Initiative
and Referendum Act”
People’s  Supreme Court Resolution in G.R. No. 174153
entitled Raul L. Lambino et al. vs. Comelec et al;
Initiative and G.R. No. 174299 entitled Mer-len Abaegail
Binay et al. vs. Comelec et al; upholding the
Sufficiency and Adequacy of R.A. 6735 to amend
the Constitution thru People’s Initiative, and
 Comelec Implementing Guidelines by
virtue of resolution No. 7766 dated
January 02, 2007 amending Resolution
No. 2300 dated January 16, 1991.
  People’s Initiative is a highly credible manner of
framing substantial amendments that are truly
reflective and expressive of the sentiments,
aspirations and collective wisdom of the Sovereign
Explanations Filipino People.
 Congress as mandated, has already enacted
enabling law, R. A. No. 6735, otherwise known as
“The Initiative and Referendum Act”, which the
Supreme Court in G. R. No. 174153, entitled, Raul
L. Lambino et al. vs. The COMELEC et al. upheld
its sufficiency and adequacy to amend the
Constitution through people’s initiative.
  As implementing guidelines therefor, COMELEC
issued Resolution No. 7766, dated January 02,
2007 amending Resolution No. 2300 dated January
16, 1991
Explanations  Calling, Appealing and Initiating with urgency all
SELFLESS and PATRIOTIC Filipino citizens, BU
Administrators, Faculty, Staffs and Students to be
active participants in building a New Philippines
through PEOPLE’S INITIATIVE
The End Thank You for Listening
Open Forum