Federalism 101 (2)
FORMER Senator Aquilino Pimentel Jr., author of the Local Government Code and one of the advocates of federalism, notes that a change to the federalparliamentary system will empower local governments, since the expansion of the Code would mean an increase in the income of the regions. Funding will be based on the needs of the provinces. Decision-making will be devolved to the regions which can generate their own income as well as retain much of it. As experts have noted, devolution and decentralizing power makes sense only when taxation powers go with it.
Senator Nene Pimentel and former UP President Jose Abueva share similar views about the advantages of federalism – that indeed, it does help stimulate and hasten a country’s economic, political, social, and cultural development. Through political parties which are accountable and responsive, improved governance is assured.
But as we and several others have argued, it would have been preferable if a strong political party system already existed before a shift to a federal-parliamentary form. In the same manner, the latter may have a greater probability of succeeding at a faster rate if the present economy is egalitarian, or where wealth and power is more equitably distributed. But it is this state of inequity that is often given as a rationale for the shift to federalism.
Advocates of federalism relate it to the principle of “popular sovereignty,” and the “release from the costly, stifling and demoralizing effects of excessive central government.” Another noted as a major merit its capacity to accommodate diversity. When a country is subdivided in smaller autonomous sub-units, different religious, ethnic, or cultural groups can arrange their affairs according to their own preferences in their areas. By providing room for a wide variety of solutions, federalism promotes “competition as a method of discovery” (Hayek cited by Meinardus, 2003). And competition is known to produce incentives for individuals and collectives to strive for better results.
Dr. Abueva’s draft primer was commissioned as part of the Consultative Commission appointed by former President Arroyo in 2006. It will be remembered that during that time, there was public resistance to charter change which may not be the case today. In other words, the time may be ripe for a shift to another system of government.
Like Pimentel who suggests having three to four federal states, per island group, Abueva suggests 11 states, namely, Bangsamoro, Davao Region and Central Mindanao, Zamboanga Peninsula and Northern Mindanao, Central and Eastern Visayas, Western Visayas-Palawan, Bicol, Southern Luzon, Metro Manila (NCR), Central Luzon, Cordilleras, and Northern Luzon.
The drafted primer defines the federal system as:
(1) having two orders of government (federal and regional) each in direct contact with its citizens.
(2) an official, constitutional sharing of legislative and executive powers, and a sharing of resources between the two orders of government to ensure that each has certain sectors of true autonomy.
(3) designated representation of distinct regional opinions within federal decision-making institutions
(4) a supreme written constitution that is not unilaterally modifiable but requires the consent of a large proportion of federation members.
(5) an arbitration mechanism to resolve intergovernmental disputes.
(6) procedures and institutions to facilitate intergovernmental collaboration in cases of shared domains or overlapping responsibilities (from R. Watts, 2002).
The institutions of the federal government consists of the Bicameral Parliament, members – from congressional districts and senators, a prime minister who is head of government, a president who is head of state and will handle ceremonial matters, a judiciary, and a federal civil service.
The institutions of the state include the state assembly and its members which shall be elected by each State, the state governor, the local governments, the state judiciary, and the state civil service.