University of San Carlos

School of Law and Governance

2ND Semester SY 2017 - 2018

LEGAL WRITING
LLB – 136N

ACADEMIC ESSAY
2523 words

By

LANZADERAS, CHRISTIAN JEE C.

Tuesday – 6:30 – 8:30 PM

EH 408

March 26, 2018

 FEDERALISM: A CALL FOR A
REDUNDANT
DECENTRALIZATION
For partial fulfillment of the requirements in Legal Writing

MARCH 26, 2018

SUBMITTED BY: CHRISTIAN JEE C. LANZADERAS
Eh 408 – JD 1 A.Y. 2017 - 2018

[ 2,523 words ] 1
 FEDERALISM: A CALL FOR A REDUNDANT DECENTRALIZATION
“Federalism is not a magic bullet that will put to rest all
the problems of our people rather it is a vehicle to
achieve the aspiration of our people” - Former Chief
Justice Reynato Puno
The Primary intent of the proposed Federalism Constitution is
the opportunity of getting expanded powers in a federal setup,
which would lead to further devolution and decentralization.
The decentralization imposed in the said Federal State
presumes the continuity of decentralization of powers from
the existing Local Government Code and therefore actualizes
certain functions and promote recognizable amount of changes.
Highlighted in the Resolution of both Houses constituting the
Senate and the House of the Representatives, Seventeenth
Congress, into a Constituent Assembly to propose Revision of
the 1987 constitution by adopting a Federal Form of
Government:
. . . WHEREAS, in an archipelago of over 7,000
islands, with more than 102 million inhabitants, 30
dominant ethnic groups and 15 ethno linguistic
groups spread in political units consisting of 42,
036 barangays. 1,489 municipalities, 145 cities, 81
provinces and 18 regions, federalism now appears as
the best solution to address challenges posed by
geography, diversity and inequality;
. . . WHEREAS, the adoption of federalism will
certainly empower regional governments to retain
more of their income and spend the funds on programs
and plans they see fit without waiting the approval
of the national government based in Metro Manila,
create solutions to their own regional problems,
focus on economic development using their own core
competencies and competitive capabilities, work
independently of the national government for most of
their regional concerns, bring government closer to
the people by making regional leaders more
accountable to their constituents, especially, in
creating more jobs and opportunities to attract more
people from the overcrowded Metro Manila, and many
other things an independent regional government may
be constitutionally authorized
The present drafters of the proposed Federalism intends to
spur a specific Regional Development by empowering the local
government both in its fiscal and administrative terms, but
this new vision and design of a decentralized government
structure therefore ends the unanimity of the nation.
Further ambition for a complete structure of Federalism can
be opposed by a stronger proposal of improving the current
regime of decentralization in the country as existing in RA
7160 or the Local Government Code which does not require any

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extensive revision of the current Supreme Law, the 1987
Philippine Constitution.
The following points lay down full implementation of the
Local Government code without the need of unnecessary
changes in injecting Federalism:
I. There are existing Operative Principles of
Decentralization

Section 3, Chapter 1, Title 1 of the 1991 Local

Government Code - Operative Principles of
Decentralization — [T]he formulation and
implementation of policies and measures on
local autonomy shall be guided by the
following operative principles: . . .

. . . (a) There shall be an effective

allocation among the different local
government units of their respective powers,
functions, responsibilities and resources;
. . . (h) There shall be a continuing mechanism
to enhance local autonomy not only by
legislative enabling acts but also by
administrative and organizational reforms;
. . . (m) The national government shall ensure
that decentralization contributes to the
continuing improvement of the performance of
local government units and the quality of
community life.
This particular provision of the Local Government Code
passes the operation of decentralization to the local
legislation, which was actually motivated by the 1987
Philippine Constitution, mandating such to enable the
government in transforming to a more responsive and
accountable governmental structure instituted through
this system of decentralization. Moreover, to say that
there is an excessive concentration of State powers
within the National Government is practically wrong,
the perception simply lies on the failure to fully
implement constitutional and statutory provisions for
decentralization.
II. There is an existing and adequate sources of funds
and revenues

Section 5, Article 10 of 1987 Philippine

Constitution – Each local government unit
shall have the power to create its own sources
of revenue and to levy taxes, fees and charges
subject to such guidelines and limitations as
the congress may provide consistent with the
basic policy of local autonomy. Such taxes,

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 fees and charges shall accrue exclusively to
the local government.
Primarily, the concept of this decentralization is a
constitutional mandate and this Local Autonomy is a
constitutional policy. Both are rights that cannot be
taken away from the local governments. As elected and
not appointed officials, they then have this power to
create their sources of revenue, raise taxes, to share
in the taxes, fees and charges collected by the
central government and the proper utilization of the
natural resources existing in their areas.
III. There should be an equitable share in Local and
National proceeds
Section 7, Article 10 of the 1987 Philippine
Constitution – Local governments shall be
entitled to an equitable share in the proceeds
of the utilization and development of the
national wealth within their respective areas,
in the manner provided by law, including
sharing the same with the inhabitants by way of
direct benefits.
Section 289, Chapter 2 of the Local Government
Code – Share in the proceeds from the
Development and Utilization of the National
Wealth – Local government units shall have an
equitable share in the proceeds derived from
the utilization and development of the national
wealth within their respective areas, including
sharing the same with the inhabitants by way of
direct benefits.
Section 290, Chapter 2 of the Local Government
Code – Share of Local Government Units - Local
government units shall, in addition to the
internal revenue allotment, have a share of
forty percent (40%) of the gross collection
derived by the national government from the
preceding fiscal year from mining taxes,
royalties, forestry and fishery charges, and
such other taxes, fees, or charges, including
related surcharges, interests, or fines, and
from its share in any co-production, joint
venture or production sharing agreement in the
utilization and development of the national
wealth within their territorial jurisdiction.
IV. There can be Fragmentation or disintegration of what
was once one as a nation

Coming from a western approach, Federalism must submit

to the purpose of coming together, to collect each
state in forming a one and strong federal system,

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 which in contrary, there can be a possibility of
weakening the bond within the Philippine islands as
an outcome from the ambitious vision of dividing the
powers between the national and the state governments.
The conversion of this Philippine Unitary State into
a federal state will jump into the conclusion of
fragmenting and disintegrating what was once “One out
of many”.

The proposal for Federalism now in the Philippines is

a motion in reverse direction as in comparison to the
current and existing federated countries in the world.
Naturally, these countries are composed of previously
independent entities which have all existed for so
long before coming up to a united decision of forming
a political union in pursuing their common cause. The
essential consideration should follow a political
structure that may be able to deliver well for the
country’s pursuit to economic prosperity and to
maintain the people’s freedom in each state.

The Philippines is believed to be an existing unified

country, and pursuing such federalism would further
push this nation into what we call a reverse motion.

V. There can be a possible neglect to national concerns

with the proposal for Federalism, which is an issue
that the current Local Government Code already
addresses as to the collaboration with the central
government through its policy and application.

SECTION 2, Chapter 1, Title 1 of the Local

Government Code - Declaration of Policy — It is
hereby declared the policy of the State that
the territorial and political subdivisions of
the State shall enjoy genuine and meaningful
local autonomy to enable them to attain their
fullest development as self-reliant communities
and make them more effective partners in the
attainment of national goals. Toward this end,
the State shall provide for a more responsive
and accountable local government structure
instituted through a system of decentralization
whereby local government units shall be given
more powers, authority, responsibilities, and
resources. The process of decentralization
shall proceed from the National Government to
the local government units.

This federalism may further create a reverse effect

and may bring about undesirable outcomes. As the
autonomy of the local government will be objectified
and well – defined by this constitutional proposal,
the development and security may focus within each
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 locality and may result to a neglect on the national
concerns and issues. This presumed need for division
of the government into national and state governments
would therefore lead to question the strength of this
nation against the breaking up of regional federations
and during these times of threats towards our
territorial integrity.

VI. The current proposal on federalism is not the call of

the people but self-serving calls of politicians.

VII. There are existing Autonomous Regions:

One of the contentions on the possible transformation

in to a federal state aims on enabling the Moros in
running a government according to their customs and
traditions.

Section 15, Article X of the 1987 Philippine

Constitution – Autonomous Region - There shall
be created autonomous regions in Muslim Mindanao
and in the Cordilleras consisting of provinces,
cities, municipalities, and geographical areas
sharing common and distinctive historical and
cultural heritage, economic and social
structures, and other relevant characteristics
within the framework of this Constitution and
the national sovereignty as well as territorial
integrity of the Republic of the Philippines.

Section 526, Title III, Transitory Provisions

of the Local Government Code – Application of
this Code to Local Government Units in the
Autonomous Regions – this code shall apply to
all provinces, cities, municipalities and
barangays in the autonomous regions until such
time as the regional government concerned shall
have enacted its own local government code.
The Local Government Code together with the
Constitution herself provide for autonomous regions
both to the Muslim Mindanao and the Cordilleras with
respect to their different economic and social
structures and in recognition to these people’s
different historical and cultural heritage.
With the undeniable acknowledgement of the own
organic acts and own governments of the Autonomous
regions, their shows no reason on declaring that the
current constitution and the local government code
have become inadequate in addressing Mindanao
problems with the provisions for autonomous regions.
VIII. There should be proper resolutions addressing more
prominent national issues

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  The government can further provide greatest
service to its people by giving access to quality
education, especially for the primary and
secondary education in the most rural or remote
areas.
 The government should further put up more rural
clinics to address maternal mortality and to
address the problems in having an accessible
clean water to enhance the nutrition and health
in these communities.
Federalism is not an immediate answer to strengthen economic
development and to empower regional decentralization, the
Local Governments have already been vested with its power to
manage own resources and revenue, which further capacitated
the Local Governments in the implementation of additional
improvements as to the infrastructure and into managing
internal – revenue allotments.
Idealistically, the concept of federalism translates an
appealing and superficial approach to the public, but the
whole process shall also include the devolution of powers
subdivided into matters for national and local concerns which
are separated respectively, splitting what was once
considered one and united sovereignty.
In 1967, Congress has substantially enacted the
Decentralization Act, R.A. No. 5185 granting with its express
terms that:
. . . Local governments greater freedom and
ampler means to respond to the needs of their
people and promote their prosperity and
happiness and to effect a more equitable and
systematic distribution of governmental
powers and resources.
This shall well explain that the exercise of the following
functions properly administered to the local level are
granted and entrusted to the local governments as much as
it requires autonomous powers and financial resources to
effectively discharge responsibilities.
Section 3, Article X of the 1987 Philippine
Constitution –The Congress shall enact a local
government code which shall provide for a more
responsive and accountable local government
structure instituted through a system of
decentralization with effective mechanisms of
recall, initiative, and referendum, allocate
among the different local government units
their powers, responsibilities, and resources,
and provide for the qualifications, election,
appointment and removal, term, salaries, powers
and functions and duties of local officials,

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 and all other matters relating to the
organization and operation of the local units.
Section 13, Article X of the 1987 Philippine
Constitution - Local government units may group
themselves, consolidate or coordinate their
efforts, services, and resources for purposes
commonly beneficial to them in accordance with
law.
In any aspirations on the creation of substantial reforms
regarding local autonomy, we should always go back to the
Supreme Law of the land, that the proposal has already been
mandated and existing within the provision of the 1987
Philippine Constitution.
There should simply be an improvement or development of the
existing decentralization lodged in the 1987 Philippine
constitution and the current Local Government Code, which
opposes the complete overhaul of the entire system of
government. The drafters or the law makers must hold on to
the fact that the Philippines have a current administrative
organization of local government which are specifically
focused on effectively carrying out old and new mandates as
institutional offices. By this, it will be easier within their
respective territorial jurisdiction as they all enjoy
familiarity among the urban and rural communities.
The main failure lies within the argument that it is a matter
of implementation that sets this country behind all the
progressing countries.
Although most of them sees the proposal as a solution, none
have yet laid convincing grounds on how its implementation
adjust to the possible prolongation in the economic hardships
of the larger number of citizens who considered themselves
stuck far down the poverty line.
This discussion shall lead us to the very reason of this
proposal’s creation. The government should always bring
forward in addressing timely and relevant issues of the
nation.
This nation has consistently failed on its struggle to find
the right mixture of programs and policies to be implemented.
Charter Change should be least considered when the existing
and pressing issues as to poverty and hunger were left
unsolved. It must only be pursued when the necessity arises
from the nation’s urge to set a better public institution run
by capable and competent leaders.
The idea of the proposal in federalism presents consequences
and tries to mend the frustrations about the failure of the
previous government along with its elected officials in
lifting this country to a higher level of development in the
aspect of economy as well as trying to heal the desperations

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in the fruitless search for proper solutions that can actually
work.
In drafting further devolution of the political and fiscal
powers within the regional level government might as well
require the Federal Assembly in enacting a Regional Local
Government Code which in its obvious sense be copying its
structure and procedures of decentralization from the
exisitng Constitution.

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