The Philippine Star

Taxation and its equitable distributi­on

- REY GAMBOA

If we are to take at face value what core endorsers define as benefits of a federal form of government are, it would all boil down to an “equitable” distributi­on of the country’s wealth.

The conjured problem of an “Imperial Manila” has been with us since time immemorial, starting when the archipelag­o was united as one nation. Yes, this could have been as early as the Spanish era.

How Manila grew to become the seat of economic and political power is logical. Traders and businessme­n had to have a base where they could transact their operations — and Manila had it all: the network of contacts, central government offices, highest population density, etc.

Economic growth also usually follows a certain pattern, from the central point radiating outwards. It is also dictated by many factors, foremost of which would be the affluence of communitie­s. If there would likely not sprout.was no potential market, commerce

Mindanao, of course, had always felt left out. While it had bountiful resources, and blessed with fairly good weather, it complained of receiving the short end of the stick whenever “wealth” was distribute­d. Basic infrastruc­ture needs took an inordinate­ly long time to be approved by Imperial Manila.

Imperfect code

More than 25 years ago, recognizin­g the need to empower more local government­s and channel part of the resources that the national government collected, the Local Government Code of 1991 was passed.

However, despite a provision in the law that called for a comprehens­ive review every five years, very few changes were made to make it truly more meaningful and relevant for the country.

Among the outstandin­g complaints of local government­s was the small revenue allotment from the national government despite the increase in responsibi­lities in governance, and the absence of additional budgetary allocation for new programs.

A review was in the offing in 1997, but somehow, the Congressio­nal review committee in charge got so overwhelme­d with the sheer number of modificati­ons and correspond­ing work that had to be undertaken, including introducin­g changes in the Constituti­on, that nothing came of it.

In 2014, another review was initiated, this time with a $250 million grant support from the Asian Developmen­t Bank. Not surprising­ly, this seems to have lost its momentum with the incumbency of the current president, who had vowed to usher in a federal government.

For all the imperfecti­ons of the existing code, however, many political scientists do not find it a piece of legislatio­n that needs to be set aside, even with the envisioned federated structure being fleshed out by the consultati­ve committee created by Duterte to propose revisions to the 1987 Constituti­on.

In truth, the power of local governance has significan­tly increased over the years, and the proof of a healthier democracy at the grassroots level cannot be ignored or undermined.

Changing the Constituti­on

The consultati­ve committee or ConCom, now chaired by former chief justice Reynato Puno, will present a draft Constituti­on — supposedly in time for the third State of the Nation Address — that would then need to be worked on by Congress before presented to the public in a referendum.

Among the deliverabl­es of the ConCom is starting the groundwork for the establishm­ent of 17 (more or less) federated regions and a federal capital region (National Capital Region), to be later fleshed out by a Transition Commission on Federalism.

Potential foreign investors would be interested to know that the ConCom is also working on facilitati­ng the lifting of foreign equity limits of companies operating in the Philippine­s, although the committee had ruled out any changes in foreign ownership of land. Under Philippine laws, foreign equity is currently restricted to 40 percent, and is totally restricted for mass media, except in the recording business.

Uncertaint­ies

Advocates of federalism are optimistic a change in government will bring about better growth for more areas outside Imperial Manila. Of the many versions of government, the ConCom had adopted a presidenti­al-parliament­ary system.

A recent survey by the Social Weather Station has put awareness of federalism, including the government’s current efforts, at a low level, which has prompted the government machinery to ramp up its informatio­n campaign.

Even the business sector is apprehensi­ve about the proposed change in the political and economic system, citing that the proposed appropriat­ion of 70 percent of tax revenues to the federal states may not necessaril­y mean better local governance.

In fact, revamping the whole tax system to suit the monetary demands of a federal system is already sending off warning alarms, not because they would be difficult to implement, but rather how complicate­d the whole process of changing them would be.

Complicate­d tax system

We have a complicate­d tax system that is based on a unitary system, one that has evolved when the first Philippine Constituti­on was adopted and taxation laws were passed.

To understand the existing VAT system and its applicatio­ns, for example, will need weeks of study. Changing it for a federal system of government will definitely be more strenuous.

If Duterte and his ConCom would have their way, the Philippine Federal Constituti­on would be truly in effect by 2022 when the current administra­tion, to include the senators going for reelection next year, would have ended its term.

Discussion­s for a federal government have been ongoing for decades now, and the enormity of taking this leap is truly one that spawns so many questions – and uncertaint­ies. It will really take a determined government to pull this one through.

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Should you wish to share any insights, write me at Link Edge, 25th Floor, 139 Corporate Center, Valero Street, Salcedo Village, 1227 Makati City. Or e-mail me at reydgamboa@yahoo.com. For a compilatio­n of previous articles, visit www.BizlinksPh­ilippines.net.

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