Federal push (2)

Renato Tibon .

Second part

CITIZENS’ response bears classification relative to federalism. There are those who don’t want it because they don’t know and are not interested to know beyond their level of understanding; those who profess to know but have deep mistrust about people who push it and those who know but have divergent ideas on the best approach to make it work. Ideally, the decision to pursue the advocacy should come from those who are directly affected by it adducing the principle of subsidiarity. The problem is people can’t make an informed decision because they lack sufficient knowledge or motivation to acquire a decent amount of information: the government and its singularly selfish leaders simply do not encourage it. According to their hoggish view, it’s better to keep people in the dark to make them subservient and easy to manipulate.

As crucial matters concerning reduction of poverty, improve health services, basic education, sustainable employment and livelihood projects require grassroots participation, they need to be matched by a responsive and supportive local government. Thankfully, there are those lawmakers comprising of District representatives who consider their constituents’ welfare of paramount importance. All eyes would henceforth focus on the federal initiatives of Rep. Rufus B. Rodriguez of Cagayan de Oro’s 2nd District who files the bill for the amendment of the 1987 Constitution ushering a shift to a federal system of government. 

This article will pursue a continuing information campaign as a modest contribution to educate the citizenry, highlighting those proposed revisions to the 1987 Constitution comprising of CDP and the Concom output, five of which were taken up in the first part published last week – 1. Territorial integrity; 2. Human dignity; 3. “HEED” – Social and Economic rights under the Bill of Rights; 4. Political party development; and 5. Prohibition of political dynasties. Other significant provisions are the following:

• Legislative department – Art. VII provides for a similar bicameral Congress with two senators elected per region and 400 members of the House of Representatives, 60 percent of which would come from electoral districts while 40 percent are elected through proportional representation.

• Executive department – Art. VIII retains the President and a VP to be elected as a team, both holding a college degree or equivalent, serving four years with one re-election.

• Judicial department – Art IX shall retain all provisions pertaining to the Judicial Department under the 1987 Constitution and scrap the convoluted proposal of four Supreme Courts which will only further increase a bloated judicial bureaucracy.

• Constitutional commissions – Under Art. X, six constitutional commissions shall be established, the Federal Civil Service Commission, Federal Commission on Election, Federal Commission on Audit, Federal Commission on Human Rights, the Federal Ombudsman Commission and the Federal Competition Commission

• Federated regions – Under Art. XI, there shall be 18 federated regions including Bangsamoro and the Cordilleras. Except for the last two, each region will have a Regional Assembly, half of the members from local governments and half representing political parties through proportional representation, and to be led by a regional governor and deputy regional governor who are elected by majority of the Regional Assembly from among its members. The existing Bangsamoro Organic Law shall be appended to the Federal Constitution, including that of the Federated Region of the Cordilleras.

• Distribution of powers – Federalism is about distribution or sharing of powers. In the proposed Federal Constitution under Art. XII, 22 exclusive powers are given to the Federated government which include among others the defense and security of the whole country, foreign affairs, international trade and monetary policy. The federal regional governments shall have creation of sources of revenues, financial administration and management, infrastructure, regional justice system and supervision of local government units among the 16 or so allocated powers.

• Fiscal powers of federal regions – Art. XIII empowers Federal Regions to collect taxes and fees except those reserved for the Federated government. The former shall be given at least 50 percent of all collections from income, excise, VAT and customs duties and also 50 percent of all net revenues from exploration, development and utilization of natural resources within their territories. Likewise, a Federal Intergovernmental Commission shall administer an equalization fund equivalent to three percent of the GAA, given to regions needing financial assistance.

• Accountability of public officers – Art. XIV provides for procedures in case of impeachment involving the President, VP and the constitutional commissions.

• National economy and patrimony – Art. XV allows Filipinos or corporations with 60-percent ownership to lease a maximum of 1,000 hectares of alienable lands for a maximum of 25 years, renewable for another 25 years.  Ownership and control of mass media remains limited to Filipino citizens. Congress is given power to change voting capital requirements, including public utilities and educational institutions.   

• Social justice – Art. XVI states that no person shall be deprived employment by reason of age gender, ethnicity, disability or other conditions amounting to discrimination; protect overseas Filipinos from inhumane treatment by employers and other provisions.

• National security and public order – Art. XIX defines the responsibilities of the Armed Forces which must protect the republic’s sovereignty and territory, including “cyberspace.” It also creates a federal police force which is civilian in character and a uniformed Philippine Coast Guard.

Provision on Local Government Autonomy and liberalization of foreign investments may be included among the vital measures cited above and for this, all inputs shall henceforth be welcomed for eventual discussions in the ensuing Congressional hearings for the purpose.

This writer admits the great difficulty of shifting to a federal-parliamentary system given the decades-long domination of a highly centralized, unitary system of government. But a door should be continually opened so that a sustained discussion with the stakeholders and those who have the power to legislate would eventually lead to an acceptable compromise. The desire for federalism is alive and whatever form it may eventually take shape, let’s take pride in having a government truly of, by and for the Filipino people.

(Renato Gica Tibon is a fellow of the Fellowship of the 300, an elite organization under Centrist Democracy Political Institute with focus on political technocracy. He  holds both position as political action officer and program manager of the Institute. He is the former regional chairman for Region 10 and vice president for Mindanao of the Centrist Democratic Party of the Philippines.)