Saturday, August 30, 2008

Are we ready for federalism?

The proposed shift from our present Unitary to a Federal State will appear radical to many.

But at the crux of the matter is the philosophy of its advocates to weed out the inordinate powers of Central Government (Manila) and delegate such into 11 Federal States.

From our research on the Pimentel Federal Bill, the country will be divided into 11 states: States of Northern Luzon, Central Luzon, Southern Tagalog, Bicol, Minpaprom, Eastern Visayas, Central Visayas, Western Visayas, Northern Mindanao, Southern Mindanao and the Bangsamoro State.

Bohol could be included in the State of Central Visayas to include Cebu, Bohol, Negros Oriental and Siquijor. The State Governor and Vice Governor will be elected state-wide while each province and city will send three representatives to the State Legislature.

However, of the three representatives for each province and city, one of the three should be nominated by the Opposition Party. This would prevent inordinate advantage of the Party in Power.

There will likewise be sectoral representatives (nominated, not elected) by the Fishermen, Farmers and Senior Citizens Groups for just representation of the marginalized sectors. This is probably the equivalent of the Party List who are, however, elected at large in our present system.

Their will still be trial courts, court of appeals but the Regional Court's decision will be final and executory. Conceivably, in our case, the Executive (Governor's Palace) could stay in Cebu, the State Legislature in Tagbilaran City and the Regional Court in Dumaguete City. That's a literal dispersal of the seats of power.

A Senior Ombudsman will be located in central Manila but with deputies in Cebu and Davao to again fast track cases against erring officials. The Military will no longer have a separate Ombudsman.

There will still be a Federal Commission on Audit to put things in order and a Department of Interior and Local Government to mediate state disputes. Conceivably each state will have its own Cabinet of departments and their secretaries.

A president and vice president of the Federal Republic of the Philippines will be elected at large together with the governors, state legislature and local officials. All officials will have three terms and with four years each term in succession as allowed by law.

An interesting feature of Federalism is that any citizen can complain against any official and such case will be calendared within three session days. After 30 days the Legislature will move for the impeachment of such individual if the complaint is valid and legally tenable. This, theoretically, should keep the corrupt and abusive officials constantly to be on their toes.

The fiscal autonomy of the States is perhaps the most important aspect of Federalism. Today, so much bureaucratic red-tape is inflicted in the budget making and allocation process and some LGUs are actually left with no development funds.

Federalism, on the other hand, mandates that all national and city taxes (IRA) will go 80% to the states and only 20% to the Federal Government -placing the development funds mostly in the hands of the States, not Imperial Manila where today (in the unitary system) the Executive (President) through its 21 line agencies and departments is considered as the "biggest dispenser of pork barrel."

The peace and order situation will be handled by the State Police but the Federal Police and Army can be called on to assist in major delicate security situations. The national military defense of the nation, however, will still rest upon the shoulders of the Federal Government.

In terms of conflict, the rule of the State will prevail over that of the National as long a such law does not transgress the spirit and the letter of the Philippine Constitution.

If the aborted MOA on the Bangsamoro Juridical Entity would be a basis, the leeway by which States (not the National Government) will develop the natural resources within its territorial land and waters (15 kilometers off the shoreline) is extremely high. The beginnings of fiscally and economically independent states is appearing on the horizon.

Base on that same MOA, beyond the 15 kilometers, the State and National Government can do a joint venture for tapping of resource (i.e. gas, oil, minerals and marine assets) but with the State owning up to 75% of the profits and the Federal Government only 25%. That is remarkably bias in favor of the State.

The evolution of the proposed Federal States of the Philippines is taking shape fast and furious. Every sector should be informed on the implications of the radical shift in the form of government in the country.

A national debate on the pros and cons of Federalism is not only good - but necessary.

Let us see if the shoe fits, as they say. If it does not, our feet will hurt while running.

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