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FEDERALISM 101
A Presentation of the DILG & MRRD NECC PENAMFED
Task Team on Federalism
1
What is Federalism?
A system of government under which
significant government powers are shared
between the federal government and the
state governments
2
How Is
Federalism
Different From
Presidential-
Unitary System?
In a PRESIDENTIAL-UNITARY
system of government,
powers and resources are
under the control of the
central government
In FEDERALISM, the
powers and resources of
the government are
shared by the federal
government and the
Regional government
3
Unitary & Federal Countries
It is notable that the most stable and progressive
countries have federal forms of government.
4
Federal Countries
BANGLADESH
PHILIPPINES
AFHANISTAN
KHAZAKSTAN
AUSTRIA
GERMANY
CANADA
UNITED STATES
AUSTRALIA
Unitary Countries
LEBANON
Least & Most Corrupt Countries
Majority of countries belong to the most corrupt have
unitary form of government while the least corrupt are
mostly federal
Least Corrupt CountriesMost Corrupt Countries
NORTH KOREA AFGHANISTAN
SOUTH SUDAN
SOMALIA
ERITREAVENEZUELA
LIBYAIRAQ
SYRIA
DENMARK SWEDENFINLAND
AUSTRALIAUNITED KINGDOMLUXEMBOURG
SINGAPORESWITZERLANDNORWAY
as per Transparency International
The Federal Government
Operates Under:
ONE FEDERAL CONSTITUTION
ONE ARMED FORCES
ONE FLAG
ONE CENTRAL BANK
ONE MONETARY SYSTEM
ONE FOREIGN POLICY
ONE EMBLEM
Distribution and Sharing of Powers
Federal
(AMONG OTHERS)
•JUDICIARY (FEDERAL SUPREME COURT)
•CITIZENSHIP
•NATIONAL SECURTY
•FOREIGN RELATIONS
•NATIONAL ELECTIONS
•PEACE AND ORDER
•POLITICAL RIGHTS
•INTELLECTUAL PROPERTY RIGHTS
•MONETARY SYSTEM
•IMMIGRATION, EMMIGRATION AND
EXTRADITION
•FOREIGN TRADE
•PUBLIC TRANSPORT AND
COMMUNICATION
State
(AMONG OTHERS)
•JUDICIARY (STATE SUPREME
AND LOCAL COURTS)
•CRIMNAL JUSTICE SYSTEM
(EXCEPT THOSE CASES
INVOLVING NATIONAL
SECURITY)
•PUBLIC UTILITIES
•ENFORCEMENT OF
NATIONAL AND STATE LAWS
•SOCIO-ECONOMIC
PLANNING AND
DEVELOPMENT
•FINANCE
•INFRASTRUCTURE
•ANCESTRAL DOMAIN
• HEALTH
• EDUCATION
• ENVIRONMENT
• SOCIAL WELFARE
• ENERGY
• TOURISM
• PEACE & ORDER
• LAW
ENFORCEMENT
• PUBLIC SAFETY
AND NATIONAL
DISASTERS
• NATIONAL
HIGHWAYS AND
RAILWAYS
• CIVIL RIGHTS
Shared
(AMONG OTHERS
8
Political Structure of Federal System
State
Local
Federal
Constitution
Constitution
Benefits and Facts 9
Decentralization
and Devolution of Powers
Under the unitary system, we
only have one center of
power, finance and
development: the Imperial
Metro-Manila.
Under Federalism, more powers are
decentralized and devolved to local
government
10
Establishing Powerful
Economic Regions
Federalism is not
simply a ‘political’
undertaking, it is also
an economic effort.
11
By creating federal regions we shall immediately
establish centers of power, finance and
development throughout the country.
Equalization Fund
There shall be an Equalization Fund to
provide financial support to the marginalized
states to assist in the acceleration of their
development and progress. The funds shall
be taken from the top five (5) affluent states
of the country in terms of revenues.
12
Local Empowerment
Federalism allows states to exercise right to
self-determination such as to address their
problems based on their own geographic,
cultural, social and economic conditions
13
Incentives to Live, Work &
Invest Outside Manila
Federalism will promote
economic opportunities in the
regions and provide incentives
for Filipinos to live and work in
regions outside Metro Manila.
More investors may also decide to
put up their businesses outside
Manila thus creating more jobs and
opportunities to attract more people
away from the congested mega
cities.
14
Feasible Solution To The
Mindanao Issues
The creation of the Bangsamoro Regional
Government within a federalist system will
address concerns of our Muslim brothers and
sisters who crave more autonomy over the
governance and administration of Muslim
Mindanao.
15
Federalism on Political
Dynasties
In federalism with a strong political
party system, political dynasties will
become irrelevant. Political leaders
will become more accountable to
their constituents.
State governments will
no longer have any
excuse for delays in
services or projects.
16
Power To Collect and Spend Taxes
For Own Development
Right now, local government
units can only collect real
estate taxes and business
permit fees.
In federalism, they can
retain most of their revenue
income collection
And they can spend the money on programs
and policies according to their needs.
17
Proposed Sharing of Revenues
18
In Federalism,
the
distribution
will be
reversed
Under the present system, 80% of the revenue
collections goes to the National Government and
only 20% is distributed to Local Government
Units.
PROPOSED POLITICAL
STRUCTURE
FOR PHILIPPINE SETTING
19
As recommended by MRRD NECC PENAMFED – Federalism Study Group
Basic Features of Federal-Parliamentary
Political System
THE EXECUTIVE AND LEGISLATIVE
BRANCHES OF GOVERNMENT ARE
FUSED TO HAVE UNITY OF
PURPOSE. (Reason: The Separation
of Power causes intense rivalry and
competition for power between the
executive and legislative in a
system that has turned very
adversarial like Congressional
Investigations of executive policies
and actions, which unnecessarily
delay and obstruct legislation. )
THERE SHALL BE A
UNICAMERAL LEGISLATIVE
BODY. (There are no upper
and lower house of
congress anymore. It is
simply called “Parliament”,
one and only legislative
body of Federal
Government).
20
Basic Features, cont’d
There is a President
and a Vice President
who are both elected
at large as a team. A
vote for the President
is a vote for his Vice
President.
The President shall be
the head of the state
and the Commander-In-
Chief of all the Armed
Forces of the Philippines
and shall also have the
authority to dissolve the
Parliament under
specific circumstances;
The Vice
President shall be
the presiding
officer of the
Parliament.
There shall be a Prime
Minister who shall be
nominated by the President
, and affirmed by the
members of the Parliament.
He shall be the head of
government and can be
removed by a “vote of no
confidence” by members or
upon dissolution of the
Parliament by the President.
21
State Chief Minister, Deputies
& State Ministers
22
42
Deputies of Prime Minister &
the Cabinet Members
The Prime Minister shall be assisted by three deputies,
one for Luzon, one for Visayas and one for Mindanao.
Majority of the cabinet members are chosen by the
Prime Minister from among the members of the
Parliament. The President appoints the Minister of
Foreign Affairs, Ambassadors, Defense and the military
officers with the rank of full colonel and above.When the Prime Minister is voted out from office or
when the President dissolves the parliament, the cabinet
members are considered resigned.
23
Legislative Powers
Vested
Form/
Manner of Election
Proposed
Composition
1. Members of
Unicameral Federal
Parliament
MEMBERS SHALL BE
ELECTED BY LEGISLATIVE
DISTRICTS.
THERE SHALL BE
SECTORAL MEMBERS
ELECTED FROM AMONG
THE MEMBERS OF THE
SECTORS THEY WISH TO
REPRESENT
ONE(1) MEMBER OF
PARLIAMENT FOR EVERY
LEGISLATIVE DISTRICTS AND
THREE (3) MEMBERS ON
EACH SECTOR COMING
FROM LUZON, VISAYAS &
MINDANAO.
TERM IS FIVE (5) YEARS
2. Members of
Unicameral State
Parliament
ELECTED BY LEGISLATIVE
DISTRICTS.
THE SECTORAL MEMBERS
SHALL BE ELECTED FROM
AMONG THE MEMBERS
OF THE SECTORS
THREE (3) MEMBERS FOR
EACH DISTRICT AND ONE (1)
MEMBER ON EACH SECTOR
TERM IS FIVE (5) YEARS AND
LIMITED TO ONE (1) RE-
ELECTION
Proposed Legislative Composition
24
Proposed Federal States
It is proposed that there shall be as
many federalstates as there areregions
in the Philippines considering that the
regionsas presently constituted are
culturally, environmentallyand
politicallydistinct from eachother.
The provinces of Sulu, Basilan& Tawi-
Tawishall be considered as one State.
Other autonomous regionsand
territoriesmay be createdwithin the
Statein the interest of nationalpeace
such as those areasprovided for
Indigenous People (IP’s)
25
What Will Happen To The Local Government Units
Under A Federal System?
• The officials and structures of cities,
municipalities, and barangays shall be the
same in the New Constitution. However, it
is proposed that the term of offices shall be
five (5) years to synchronize with the term
of state officials.
• The local government units shall evolve and
become part of a state. The state shall be
responsible only for the development of the
local government units’ social, economic,
cultural and political well-being of its
constituents, maintenance of peace and
order and enforcement of national and state
laws.
26
What Will Happen To The Judiciary
Under Federalism?
Each state shall also have
its own State Supreme
Courts and adopt its
judicial systems
consistent with national
and international norms.
There shall be a Federal
Supreme Court
27
28
The Seat of Power
The Executive Department will hold
offices in the Federal Administrative
Region of Metro Manila similar to
Washington DC and Kuala Lumpur of
Malaysia
while the Judiciary will hold office in
the Federal State of Central Visayas
and the Legislative Department will
hold office in Federal State of
Northern Mindanao
By so doing, aside from the Luzon, the two other major geographical
regions of the country, Visayas & Mindanao, will now fully appreciate
thattheyareimportantparts–notmerelyappendices-oftheRepublic.
29
Timeline
MODES IN REVISING
THE CONSTITUTION
30
• CON-CON or Constitutional Convention whose
members are directlyelectedby the people.
• CON-ASS or ConstitutionalAssembly,
constituted by the incumbent Congressmen
and Senators.
• CON-COM or Constitutional Commission,
which willbe composed by the Men and
Women of integrity,patriotismand experts
in their respective fields whose members
are directlyappointed by the President.
* However, it is suggested that Con-Conis the most ideal
mode because it is more empowering and inclusive.
Projected Timeline
• It is probable that the constitutional revision shall have
been completed not later than 2018 and submitted to
the people thru a plebiscite by 2019, coinciding with
the Mid-Term National Election;
• From June, 2019 to 2020, sub-national government
units (states), in accordance with the ratified Federal
Constitution, will make their respective state organic
laws, submit for approval to Parliament and shall be
ratified by the people thru a plebiscite
31
Transition Scenario
• Upon ratification of the New Constitution, the
President shall convene the Parliament which shall
composed of all the members of both Houses of Congress;
• Upon convening of the Federal Parliament, which shall have a
term of three (3) years, the President shall nominate the
Prime Minister for confirmation of the Parliament.
• Pursuant to the New Constitution, the President shall
organize the states by appointing the Chief Minister of each
state and his deputies, whose term shall end in May 2022.
• The new Chief Ministers will appoint their state ministers and
such other officials as may be authorized by the President;
• The structure of bureaucracy of each state shall be similar in
the Regional Government of Autonomous Region of Muslim
Mindanao (ARMM)
32
The Shift to Federal Republic
of The Philippines
• By 2020 to 2021, the process of effective, actual
transition from unitary to a federal government
should take place.
• On May 2022, we will probably elect the
President of the new Federal Republic of the
Philippines, together with the Members of
Parliament;
• The new Federal President may be installed on
June 30, 2022, and immediately thereafter, the
first Prime Minister and Members of the
Cabinet will be confirmed by the Parliament
33
Thank you!
34

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Federalism 101 (ver 3.1)

  • 1. FEDERALISM 101 A Presentation of the DILG & MRRD NECC PENAMFED Task Team on Federalism 1
  • 2. What is Federalism? A system of government under which significant government powers are shared between the federal government and the state governments 2
  • 3. How Is Federalism Different From Presidential- Unitary System? In a PRESIDENTIAL-UNITARY system of government, powers and resources are under the control of the central government In FEDERALISM, the powers and resources of the government are shared by the federal government and the Regional government 3
  • 4. Unitary & Federal Countries It is notable that the most stable and progressive countries have federal forms of government. 4 Federal Countries BANGLADESH PHILIPPINES AFHANISTAN KHAZAKSTAN AUSTRIA GERMANY CANADA UNITED STATES AUSTRALIA Unitary Countries LEBANON
  • 5. Least & Most Corrupt Countries Majority of countries belong to the most corrupt have unitary form of government while the least corrupt are mostly federal Least Corrupt CountriesMost Corrupt Countries NORTH KOREA AFGHANISTAN SOUTH SUDAN SOMALIA ERITREAVENEZUELA LIBYAIRAQ SYRIA DENMARK SWEDENFINLAND AUSTRALIAUNITED KINGDOMLUXEMBOURG SINGAPORESWITZERLANDNORWAY as per Transparency International
  • 6. The Federal Government Operates Under: ONE FEDERAL CONSTITUTION ONE ARMED FORCES ONE FLAG ONE CENTRAL BANK ONE MONETARY SYSTEM ONE FOREIGN POLICY ONE EMBLEM
  • 7. Distribution and Sharing of Powers Federal (AMONG OTHERS) •JUDICIARY (FEDERAL SUPREME COURT) •CITIZENSHIP •NATIONAL SECURTY •FOREIGN RELATIONS •NATIONAL ELECTIONS •PEACE AND ORDER •POLITICAL RIGHTS •INTELLECTUAL PROPERTY RIGHTS •MONETARY SYSTEM •IMMIGRATION, EMMIGRATION AND EXTRADITION •FOREIGN TRADE •PUBLIC TRANSPORT AND COMMUNICATION State (AMONG OTHERS) •JUDICIARY (STATE SUPREME AND LOCAL COURTS) •CRIMNAL JUSTICE SYSTEM (EXCEPT THOSE CASES INVOLVING NATIONAL SECURITY) •PUBLIC UTILITIES •ENFORCEMENT OF NATIONAL AND STATE LAWS •SOCIO-ECONOMIC PLANNING AND DEVELOPMENT •FINANCE •INFRASTRUCTURE •ANCESTRAL DOMAIN • HEALTH • EDUCATION • ENVIRONMENT • SOCIAL WELFARE • ENERGY • TOURISM • PEACE & ORDER • LAW ENFORCEMENT • PUBLIC SAFETY AND NATIONAL DISASTERS • NATIONAL HIGHWAYS AND RAILWAYS • CIVIL RIGHTS Shared (AMONG OTHERS
  • 8. 8 Political Structure of Federal System State Local Federal Constitution Constitution
  • 10. Decentralization and Devolution of Powers Under the unitary system, we only have one center of power, finance and development: the Imperial Metro-Manila. Under Federalism, more powers are decentralized and devolved to local government 10
  • 11. Establishing Powerful Economic Regions Federalism is not simply a ‘political’ undertaking, it is also an economic effort. 11 By creating federal regions we shall immediately establish centers of power, finance and development throughout the country.
  • 12. Equalization Fund There shall be an Equalization Fund to provide financial support to the marginalized states to assist in the acceleration of their development and progress. The funds shall be taken from the top five (5) affluent states of the country in terms of revenues. 12
  • 13. Local Empowerment Federalism allows states to exercise right to self-determination such as to address their problems based on their own geographic, cultural, social and economic conditions 13
  • 14. Incentives to Live, Work & Invest Outside Manila Federalism will promote economic opportunities in the regions and provide incentives for Filipinos to live and work in regions outside Metro Manila. More investors may also decide to put up their businesses outside Manila thus creating more jobs and opportunities to attract more people away from the congested mega cities. 14
  • 15. Feasible Solution To The Mindanao Issues The creation of the Bangsamoro Regional Government within a federalist system will address concerns of our Muslim brothers and sisters who crave more autonomy over the governance and administration of Muslim Mindanao. 15
  • 16. Federalism on Political Dynasties In federalism with a strong political party system, political dynasties will become irrelevant. Political leaders will become more accountable to their constituents. State governments will no longer have any excuse for delays in services or projects. 16
  • 17. Power To Collect and Spend Taxes For Own Development Right now, local government units can only collect real estate taxes and business permit fees. In federalism, they can retain most of their revenue income collection And they can spend the money on programs and policies according to their needs. 17
  • 18. Proposed Sharing of Revenues 18 In Federalism, the distribution will be reversed Under the present system, 80% of the revenue collections goes to the National Government and only 20% is distributed to Local Government Units.
  • 19. PROPOSED POLITICAL STRUCTURE FOR PHILIPPINE SETTING 19 As recommended by MRRD NECC PENAMFED – Federalism Study Group
  • 20. Basic Features of Federal-Parliamentary Political System THE EXECUTIVE AND LEGISLATIVE BRANCHES OF GOVERNMENT ARE FUSED TO HAVE UNITY OF PURPOSE. (Reason: The Separation of Power causes intense rivalry and competition for power between the executive and legislative in a system that has turned very adversarial like Congressional Investigations of executive policies and actions, which unnecessarily delay and obstruct legislation. ) THERE SHALL BE A UNICAMERAL LEGISLATIVE BODY. (There are no upper and lower house of congress anymore. It is simply called “Parliament”, one and only legislative body of Federal Government). 20
  • 21. Basic Features, cont’d There is a President and a Vice President who are both elected at large as a team. A vote for the President is a vote for his Vice President. The President shall be the head of the state and the Commander-In- Chief of all the Armed Forces of the Philippines and shall also have the authority to dissolve the Parliament under specific circumstances; The Vice President shall be the presiding officer of the Parliament. There shall be a Prime Minister who shall be nominated by the President , and affirmed by the members of the Parliament. He shall be the head of government and can be removed by a “vote of no confidence” by members or upon dissolution of the Parliament by the President. 21
  • 22. State Chief Minister, Deputies & State Ministers 22 42
  • 23. Deputies of Prime Minister & the Cabinet Members The Prime Minister shall be assisted by three deputies, one for Luzon, one for Visayas and one for Mindanao. Majority of the cabinet members are chosen by the Prime Minister from among the members of the Parliament. The President appoints the Minister of Foreign Affairs, Ambassadors, Defense and the military officers with the rank of full colonel and above.When the Prime Minister is voted out from office or when the President dissolves the parliament, the cabinet members are considered resigned. 23
  • 24. Legislative Powers Vested Form/ Manner of Election Proposed Composition 1. Members of Unicameral Federal Parliament MEMBERS SHALL BE ELECTED BY LEGISLATIVE DISTRICTS. THERE SHALL BE SECTORAL MEMBERS ELECTED FROM AMONG THE MEMBERS OF THE SECTORS THEY WISH TO REPRESENT ONE(1) MEMBER OF PARLIAMENT FOR EVERY LEGISLATIVE DISTRICTS AND THREE (3) MEMBERS ON EACH SECTOR COMING FROM LUZON, VISAYAS & MINDANAO. TERM IS FIVE (5) YEARS 2. Members of Unicameral State Parliament ELECTED BY LEGISLATIVE DISTRICTS. THE SECTORAL MEMBERS SHALL BE ELECTED FROM AMONG THE MEMBERS OF THE SECTORS THREE (3) MEMBERS FOR EACH DISTRICT AND ONE (1) MEMBER ON EACH SECTOR TERM IS FIVE (5) YEARS AND LIMITED TO ONE (1) RE- ELECTION Proposed Legislative Composition 24
  • 25. Proposed Federal States It is proposed that there shall be as many federalstates as there areregions in the Philippines considering that the regionsas presently constituted are culturally, environmentallyand politicallydistinct from eachother. The provinces of Sulu, Basilan& Tawi- Tawishall be considered as one State. Other autonomous regionsand territoriesmay be createdwithin the Statein the interest of nationalpeace such as those areasprovided for Indigenous People (IP’s) 25
  • 26. What Will Happen To The Local Government Units Under A Federal System? • The officials and structures of cities, municipalities, and barangays shall be the same in the New Constitution. However, it is proposed that the term of offices shall be five (5) years to synchronize with the term of state officials. • The local government units shall evolve and become part of a state. The state shall be responsible only for the development of the local government units’ social, economic, cultural and political well-being of its constituents, maintenance of peace and order and enforcement of national and state laws. 26
  • 27. What Will Happen To The Judiciary Under Federalism? Each state shall also have its own State Supreme Courts and adopt its judicial systems consistent with national and international norms. There shall be a Federal Supreme Court 27
  • 28. 28 The Seat of Power The Executive Department will hold offices in the Federal Administrative Region of Metro Manila similar to Washington DC and Kuala Lumpur of Malaysia while the Judiciary will hold office in the Federal State of Central Visayas and the Legislative Department will hold office in Federal State of Northern Mindanao By so doing, aside from the Luzon, the two other major geographical regions of the country, Visayas & Mindanao, will now fully appreciate thattheyareimportantparts–notmerelyappendices-oftheRepublic.
  • 30. MODES IN REVISING THE CONSTITUTION 30 • CON-CON or Constitutional Convention whose members are directlyelectedby the people. • CON-ASS or ConstitutionalAssembly, constituted by the incumbent Congressmen and Senators. • CON-COM or Constitutional Commission, which willbe composed by the Men and Women of integrity,patriotismand experts in their respective fields whose members are directlyappointed by the President. * However, it is suggested that Con-Conis the most ideal mode because it is more empowering and inclusive.
  • 31. Projected Timeline • It is probable that the constitutional revision shall have been completed not later than 2018 and submitted to the people thru a plebiscite by 2019, coinciding with the Mid-Term National Election; • From June, 2019 to 2020, sub-national government units (states), in accordance with the ratified Federal Constitution, will make their respective state organic laws, submit for approval to Parliament and shall be ratified by the people thru a plebiscite 31
  • 32. Transition Scenario • Upon ratification of the New Constitution, the President shall convene the Parliament which shall composed of all the members of both Houses of Congress; • Upon convening of the Federal Parliament, which shall have a term of three (3) years, the President shall nominate the Prime Minister for confirmation of the Parliament. • Pursuant to the New Constitution, the President shall organize the states by appointing the Chief Minister of each state and his deputies, whose term shall end in May 2022. • The new Chief Ministers will appoint their state ministers and such other officials as may be authorized by the President; • The structure of bureaucracy of each state shall be similar in the Regional Government of Autonomous Region of Muslim Mindanao (ARMM) 32
  • 33. The Shift to Federal Republic of The Philippines • By 2020 to 2021, the process of effective, actual transition from unitary to a federal government should take place. • On May 2022, we will probably elect the President of the new Federal Republic of the Philippines, together with the Members of Parliament; • The new Federal President may be installed on June 30, 2022, and immediately thereafter, the first Prime Minister and Members of the Cabinet will be confirmed by the Parliament 33