Shift to federalism: A lethal experiment, a fatal leap, a plunge to death, a leap to hell

WHAT our country and our people need today is not a change of that Constitution by adapting the federal system. What are needed are first, authentic and genuine change in the hearts and minds and values of our leaders to the end that they truly be genuine, authentic public servants or servant-leaders; second, that same kind or virtue of change in our people that they be at all times vigilant and assertive as the true and responsible masters of these public servants, and always unyielding to the whims and caprices of false or fake public servants, especially in these times of false news, fake news, post-truths.

A shift to federalism is a lethal experiment. A fatal leap. A plunge to death. A leap to hell. To paraphrase the book of Sirach (Chapter 2, verse 3) concerning sin, federalism is “a two-edged sword: when it cuts, there can be no healing.”

The federal system of government is definitely not suited for our country and our people of our generation and even those of the succeeding generations. It cannot fit into our history, culture, character, traditions, beliefs, hopes, aspirations and longings, and even our idiosyncrasies and peculiarities. The best fitted for these is the unitary system, which has proven itself to be so.

Federalism cannot fit into our training and experiences in the art of politics, government, and governance. Only very few of our people have experienced how the federal system works. They are the very few who have lived or worked in federal states, like the US or Canada, or who are assiduous political scientists or sociologists who have studied in theory the workings of federalism.

Untried and untested in our country and by our people since we attained our independence on 12 June 1898 or 119 years ago - or even before that - Federalism would be a foreign invader or a stranger that would come not on its own conquering will and without gifts of gold, frankincense, and myrrh. It would come at our reckless and imprudent instance, instigated only by a few.

For the Philippines, the federal system proposed in the three versions I mentioned earlier would be evolved by dividing, breaking up, splitting and fragmenting the country into various separate parts known as states or regions. This is an anomalous procedure because it is an anomalous deviation from the historical and traditional mode of forming federal states or governments. Under this mode, existing sovereign states would unite or agree to subordinate their governmental power to that of the central authority in specified common affairs (Webster’s New World College Dictionary, 4th ed., 519); or, a federal government is a league or compact between two or more states, to become united under one central government (Black’s Law Dictionary, 6th ed., 610). Thus the original separate sovereign states would become component states of the federal government.

How would the unitary Philippines be divided, broken up, split or fragmented? Let us examine the main features of the three proposals.

In the Nene Pimentel version, the Philippines, to be known as the Federal Republic of the Philippines, would be divided into 11 states (namely, the states of Northern Luzon, Central Luzon, Southern Tagalog, Bicol, Minparom (Mindoro Oriental, Mindoro Occidental, Palawan, Romblon, and Marinduque), Eastern Visayas, Central Visayas, Western Visayas, Northern Mindanao, Southern Mindanao, and Bangsamoro); and one Federal Administrative Region composed of Metro Manila. The Federal State would be governed by a Federal Constitution, and would have Federal Executive, Legislative, and Judicial Departments. The Federal Legislative Department would be vested in the Federal Congress composed of the Senate of 75 members (with each state represented by six elected at large) and nine elected by overseas Filipino citizens; and the House of Representatives of not more than 350 members (elected from the various legislative districts in the various states).

The Federal Executive Department shall be headed by the President, with a Vice President, both of whom shall be elected as a team. A vote for the President shall be also counted for the Vice President.

Each of the 11 states composing the Federal State shall have an Executive Department, headed by the State Governor, with a Vice Governor, and a unicameral Legislative Department composed of three representatives from each province and each city located within the territorial boundaries of the States (elected by the members of the Sangguniang Panlalawigan and Sangguniang Panlungsod from among their members), plus three representatives from the sectors of the farmers, fisherfolk, and the senior citizens.

In the Gonzales Proposal, the Federal State would be composed of 18 Regions (namely, the National Capital Region, Ilocos, Cordillera, Cagayan Valley, Central Luzon, Calabarzon, Mimaropa, Bicol, Western Visayas, Central Visayas, Eastern Visayas, Zamboanga Peninsula, Northern Mindanao, Davao, Soccksargen, Caraga, Bangsamoro). Each Region is autonomous, equal, and sovereign (except to the extent that their sovereignty is limited by the Constitution and federal laws). It shall have its own basic and organic law – meaning a Constitution.

The Federal Legislative Power is vested in a Congress composed of the Senate with a minimum of two and a maximum of six senators from each Region; and the House of Representatives composed of one elective district representative for each of the Legislative Districts apportioned by law among the provinces, cities, urbanized independent component cities and municipalities; and of party-list representatives to the extent of 20% of the total number of Representatives including those of the party-list.

The Federal Executive Department is vested in the President of the Fed- eral Republic. There is a provision for Vice President.

In the 18 Regions comprising the Federal State, the Executive Power is vested in the Regional Governor elected by direct vote of the people in the Region. There is a Regional Vice-Governor. The Governor has the power to grant reprieves, commutation of sentence, and pardon.

The Regional Legislative Power is vested in the Regional Assembly composed of three Assembly Members from each province, from the highly urbanized independent city or municipality within the Region, plus sectoral members appointed by the Regional Governor for sectors representing labor, peasant farming, fisheries, and senior citizens.

Under the PDP-Laban Proposal, a parliamentary form of government is set up under a Federal system. The number of Regions or States to compose the Federal State is still undetermined; it is still under study. However, Regions or States are to be created by way of a plebiscite in the proposed Region, and until they are formally established, the Federal Government will exercise power over them.

The Federal Legislative Power is vested in the Parliament of the Federal Republic, which shall be composed of two Houses – the Federal Assembly as the National Legislative Department and the Senate. The Assembly shall be composed of not more than 400 members (60% of whom shall be elected by plurality vote from each Legislative Electoral District and 40% by proportional representation by region for a political party with closed list of nominees). The Senate shall be composed of three Senators from each Region. The Assembly shall elect a Speaker, and the Senate, its President.

The Executive Power is vested in the Prime Minister and his Cabinet. The Prime Minister is elected by the Assembly. He may be removed by a vote of no confidence by the Assembly. Upon the other hand, the Prime Minister may advise the President to dissolve the Assembly.

The President shall be the Head of State to be elected by direct vote of the people upon being nominated by at least 20% of all the Members of the Assembly who are members of a registered political party. He shall have a term of five years and may run for another term.

The President is even authorized to dissolve the Assembly for failure of Parliament to pass a budget for two successive plenary votes or for two successive majority votes of no confidence on the Prime Minister.

As to the Regional Government, there should first be an Organic Act. Below the Regional Governments would be local governments to be governed by the 1991 Local Government Code until the enactment of the Regional and Local Government Code.

The Judiciary is not even spared in this Federalization. While basically the Judicial Power as embodied in Article VIII of the present Constitution, substantive changes are proposed. In the Nene Pimentel version the Court of Appeals is abolished to be replaced by the Intermediate Appellate Court to be distributed to the various States. Divisions of the Sandiganbayan will be assigned to the component States. In the Gonzales version, the Court of Appeals is abolished and in its stead Regional Court of Appeals will be put up.

Eventually, there would be massive reorganizations of the Judiciary through laws defining and apportioning the jurisdiction of the various courts taking into account the needs of the component States or Regions resulting in the establishment of State or Regional lower courts.

Both the Pimentel and the Gonzales versions abolish the Judicial and Bar Council (JBC). Appointments by the President of the members of the Judiciary shall be taken from a list of at least three nominees prepared by the Integrated Bar of the Philippines approved by the Commission on Appointments in the Pimentel version and by the Federal Senate in the Gonzales version.

Similarly, the Constitutional Commissions would become Federal Constitutional Commissions (Audit, Civil Service, Elections). What would follow would be the establishment of States or Regional offices.

By the way, the three proposals retain the existing political subdivisions or local government units – autonomous regions, provinces, cities, municipalities, and barangays.