Federalism

There are many attempts to change the centralized form of government of

the Philippines into a Federal form of government as this is the reason
that some political leaders see in addressing many political and cultural
issues in the country, especially issues in Mindanao.

This has been proposed by Senator Aquilino Pimentel to resolve the issues
on Mindanao Crisis and the troubling insurgence of the Moro rebels and
many other Muslim Rebels that fights separation from the Philippines.

Federalism as a key component in resolving many issues in the country

and the brief history shall be discussed as I go along.

Considering the geographical structure, the many cultural practices and

the many tribes in the country, a highly centralized form of government
would be constrained to deliver the necessary services and supports
needed by its constituents especially those from the far-flung areas.
Communication and transportation is difficult, time consuming and
costly. Thus, making a highly centralized unitary form of government
ineffective.

Therefore, in addressing this issue many laws were enacted to

decentralize the powers and authority of the central government to the
local government until then the Local Government Code of 1991 was
enacted. Decentralization and devolution then are the means to respond
on the ineffectivity of a highly centralized form of government. Local
Government Units then were delegated with powers and authorities from
the laws that enacted them and from the ordinance that created them.
Thus, it will facilitate into faster delivery of the basic services and
promote participatory governance. Yet despite the effort of the law
makers and the government to maintain this form of government, many
issues still remain. The issue on corruption being brought up by and
then, the issue on poverty which is always an issue, the issues on
political powers being abused by the national leaders were the triggering
reasons why some political leaders and scholars would suggest that
federalism is the best form of government that fits in our country. In
the Philippines, advocates of federalism like Pimentel, believes that
the Federalism would address the issues mentioned above, the geographical
obstacles in delivering the basic services and the differences caused by
the cultural diversity, because it allows the state to being broken into
small parts at the same time promoting national interest and accelerate
country’s development.

Philippine decentralized form of government versus federalism.

The Philippines has long history of autonomous government even before
the arrival of the Spaniards. It has been ruled or governed by a Datu
or Pinuno, for a particular barangays or tribu. Until a colonial
government was established during the Spanish colonial authorities to
become administrative units and created small towns called polaciones
and even subdivided the barangays and called them sitio. And on June 12,
1898, leaders of the revolution declared the country's sovereign state
and proclaimed the first Republic of the Philippines. Under the Malolos
Convention, decentralization and administrative autonomy were among the
cries of the people. Under American rule, agriculture, commerce, and
trade developed. Among the changes they introduced were: the
modernization of transportation and communication, the improvement of
banking and currency, and a system of public education. But the form of
government the Americans had maintained a highly centralized government.

Until the Americans granted the independence of the Republic of the

Philippines which was proclaimed on July 4, 1946, with Manuel Roxas as
President. There already existing laws governing local government under
the 1945 Constitution and was amended. The first local autonomy act was
(RA 2264) and the Barrio Charter Act (RA 2370) was also enacted. But the
imposition of martial law in 1972, which abolished the elections and
vested in the President the power to appoint local officials which
constitute highly centralized form of government, yet decentralization
is operative. The overthrow of the Marcos through the people power under
Corazon Aquino as the President promulgated the freedom Constitution
until the 1987 Constitution was promulgated it includes specific
provisions guaranteeing autonomy to local governments as provided in
Article X, Section 3 of the Constitution.

History has proven that there were really many attempts to form a
decentralization in the Philippines. As the highly centralized
government has caused the underdevelopment of many provinces because
development is concentrated in Manila. As a result of this and with the
provision of the constitution Local Government Code of 1991 was enacted.
It is considered the most radical and the far reaching policy that
addressed the long problem of the highly centralized politico-
administrative system with most significant political and administrative
decisions concentrated in Manila. It was accepted by most sectors and
it radically transformed the nature of power relationships between the
central government and the thousands of local government in the country
through the devolution process. It finally transferred the
responsibility for the delivery of basic services to the local government
units, including appropriate personnel, assets, equipment and programs
and projects.

The following are the major features of the Code:

• It devolves to local government units’ responsibility for the
delivery of various aspects of basic services that earlier were
the responsibility of the national government. These basic services
include the following: health (field health and hospital services
and other tertiary services); social services (social welfare
services); environment (community based forestry projects),
agriculture (agricultural extension and on-site research); public
works (funded by local funds); education (school building program);
tourism (facilities, promotion and development);
telecommunications services and housing projects (for provinces
and cities); and other services such as investment support.
• It devolves to local governments the responsibility for the
enforcement of certain regulatory powers, such as the
reclassification of agricultural lands; enforcement of
environmental laws; inspection of food products and quarantine;
enforcement of national building code; operation of tricycles;
processing and approval of subdivision plans; and establishment of
cockpits and holding of cockfights.
• The Code also provides the legal and institutional infrastructure
forexpanded participation of civil society in local governance.
More specifically, it allocates to nongovernmental organizations
(NGOs) and people's organizations (POs) specific seats in local
special bodies. These special bodies include the local development
council, the local health board, and the local school board.
Because of their ability to organize and mobilize the people, one
door wide open for NGO and PO participation in governance are in
the areas of promoting local accountability and answerability,
specifically through the recall and people's initiative provisions.
• The Code increases the financial resources available to local
government units by (1) broadening their taxing powers; (2)
providing them with a specific share from the national wealth
exploited in their area, e.g., mining, fishery and forestry
charges; and (3) increasing their share from the national taxes,
i.e., internal revenue allotments (IRA), from a previously low of
11% to as much as 40%. The Code also increases the elbowroom of
local governments to generate revenues from local fees and charges.
• Finally, the Code lays the foundation for the development and
evolution of more entrepreneurial-oriented local governments. For
instance, it provides the foundations for local governments to
enter into build-operate-transfer (BOT) arrangements with the
private sector, float bonds, obtain loans from local private
institutions, etc., all within the context of encouraging them to
be "more business-like" and competitive in their operations in
contradistinction to "traditional" government norms and
operations.
References

1. http://www.chicagopcg.dfa.gov.ph/the-philippines-history
2. https://www.senate.gov.ph/speeches/sp_pimentel/sp_speech_2017_1_s
urigao.asp
3. https://kokopimentel.org/speech-during-the-book-launch-of-the-
quest-for-a-federal-republic-the-pdp-laban-model-of-philippine-
federalism-1-0/
4. https://www.senate.gov.ph/press_release/2008/0624_pimentel2.asp
5. https://www.senate.gov.ph/speeches/sp_pimentel/sp_speech_2018_feb
27.asp
6. http://unpan1.un.org/intradoc/groups/public/documents/EROPA/UNPAN
032065.pdf
7. https://www.britannica.com/place/Philippines/Local-government
8. https://www.scribd.com/doc/99406579/Historical-Development-of-
the-Philippine-Government
9. http://lynchlibrary.pssc.org.ph:8081/bitstream/handle/0/4402/05_D
ecentralization%20in%20the%20Philippines_An%20Overview.pdf?sequen
ce=1
10. Decentralization in the Philippines by Alex Bello
Brinllantes, Jr.
11. https://kami.com.ph/18544-3-advantages-federalism-
philippines.html#18544
12. https://www.manilatimes.net/pros-and-cons-of-federalist-set-
up/386745/
13. https://www.quora.com/What-is-federalism
14. https://www.pressreader.com/philippines/manila-
bulletin/20160630/281599534809723
15.