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 help

facilitate the deliverance of these basic services especially to
places that are far from the central region of the country which is
Metro Manila. To help in its more efficient facility of deliverance,
the congress devised 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 Aquilino Pimentel Jr.,
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 barangay 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. More businesses were
established in manila that attracts more people to take chances in
Manila, hoping to land a job that could help them ease the financial
troubles encountered by their families, due to lack of opportunities
into their provinces that is caused by this highly centralized form of
government. 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. Thus, making opportunities to provinces as
well.

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

for expanded 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.

Federalism to be adopted by the Philippines.

What is federalism?

Federalism is the theory or advocacy of federal principles for

dividing powers between member units and common institutions. Unlike
in a unitary state, sovereignty in federal political orders is non-
centralized, often constitutionally, between at least two levels so
that units at each level have final authority and can be self-
governing in some issue area. Citizens thus have political obligations
to, or have their rights secured by, two authorities. The division of
power between the member unit and center may vary, typically the
center has powers regarding defense and foreign policy, but member
units may also have international roles. The decision-making bodies of
member units may also participate in central decision-making bodies.
Much recent philosophical attention is spurred by renewed political
interest in federalism and backlashes against particular instances,
coupled with empirical findings concerning the requisite and
legitimate basis for stability and trust among citizens in federal
political orders. Philosophical contributions have addressed the
dilemmas and opportunities facing Canada, Australia, Europe, Russia,
Iraq, Nepal and Nigeria, to mention just a few areas where federal
arrangements are seen as interesting solutions to accommodate
differences among populations divided by ethnic or cultural cleavages
yet seeking a common, often democratic, political order.
Federalism (in the Philippines) is a proposed type of government
wherein sovereignty is constitutionality divided from the national
government and subdivided to state governments. It is enjoyed between
the national government and its subdivisional governments. Federalism
divides a country into several autonomous states with 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 shall have more power over their finances,
policies, development plans and laws.

Though federalism varies from different countries, to be able to cater

the flexibility of its arrangement, according to its geographical,
cultural and political structure, it still a tool that makes many
countries adopt this form of government.

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?
sequence=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. https://www.google.com/amp/s/kami.com.ph/amp/2492-federalism-
philippines-explained.html
16. https://plato.stanford.edu/entries/federalism/
17. https://www.quora.com/What-are-the-features-of-federalism
18.