FEDERALISM
IN THE PHILIPPINES
Submitted by:Niñanne Nicole Balbuena Kin Favor
Anne Therese Magaway Pia Sotto
Simon Ramon Mona Vargas
Submitted to: Atty. Jose Riodil Montebon
Federalism is a system of government where powers are distributed between a centralgovernment and regional governments. Federalism has a number of benefits for citizens, including bringing government closer to the people and enhancing democracy. Types of Federalism
1. Dual Federalism is the idea that the union and the state share power but the Federal Government holds more than the individual states.
2. Cooperative Federalism is the idea that the federal government and the state government share power equally. It has never been attempted but it seems unlikely that it would work as the state governments and the federal government would be locked in a stalemate unable to reach compromises over important legislation. 3. Fiscal Federalism is the type of Federalism in which the money bag controls
everything. This gives Congress massive amounts of power as it is responsible for the treasury. It can therefore limit the budget of any other political department it does not belive is working towards the best interest of the country.
What is a Federal Republic Government?
A federal republic is a type of government made up of smaller areas such as states or provinces where the central government cedes certain powers to the individual areas for self-government purposes. The citizens of the federal republic elect their own representatives to lead them.
Brief background as to who proposed Federalism Government in the Philippines and when it was first proposed
Constitutional reform in the Philippines, also known as Charter Change or Cha-cha, refers to the political and legal processes needed to amend the current 1987
Constitution of the Philippines.
It was under the administration of Gloria Macapagal Arroyo that the Federalism Government was first proposed. After winning the 2004 elections, President Arroyo by virtue of Executive Order No. 453, created the Consultative Commission headed by Dr. Jose V. Abueva. The task of the Consultative Commission was to propose the "necessary" revisions on the 1987 constitution after various consultation with different sectors of society. After about a year of consultations, the Consultative Commission came up with proposals that included: a shift to a unicameral parliamentary form of government; economic liberalization; further decentralization of national government and more empowerment of local governments via transition to a parliamentary-federal government system.
One of the first proponents is Jose Abueva, a professor from University of the Philippines. He argued that a federal form of government is necessary to more efficiently cater to the needs of the country despite its diversity. The primary goals of a constitutional amendment is to increase decentralization, greater local power and access to resources most especially among regions outside Metro Manila which has long been dubbed as rather imperial.
Senator Aquino Pimentel Jr. also advocated for Federalism since 2011. He sees the proposed system as a key component in alleviating the Mindanao crisis and appeasing
Moro insurgents. Federalism will also hasten economic development since resource and financial mobilization is upon each states' or provinces' discretion without significant constraint from the central government.
Our newly President-elect, Rodrigo Duterte has also launched a nationwide campaign promoting a charter change for federalism. He stated that federalism will facilitate better delivery of services to the people. He also saw the current system as "antiquated" where distribution of public funds is disproportionately biased towards Manila. Aside from the economic aspect, federalism is also seen as the best means to address problems in Mindanao which suffers the most from ethnoreligious conflicts.
Prospero Nograles, a known political rival of Duterte, agrees with Duterte’s vision about federalism as a means of solving many of the country’s woes, including rebellion.
Revisions to be made in the 1987 Constitution for the conversion to a Federal Republic Government
ARTICLE I. NATIONAL TERRITORY Revision No. 1.
Section 1. Article 1. National Territory.
The scope of the national territory is hereby revised by adding a new paragraph as follows: The national territory shall likewise include all islands occupied or claimed by the Republic out of historic title, by discovery or other means recognized under international law and its exclusive economic zone as defined by the United Nations Convention on the Law of the Sea. Revision No. 2.
Section 2. Article 1. The Federal Republic
(A)The Republic of the Philippines is hereby converted into and renamed as the Federal Republic of the Philippines.
(B)The Federal Republic shall be composed of the following eleven (11) States: 1. The State of Northern Luzon;
2. The State of Central Luzon; 3. The State of Southern Tagalog; 4. The State of Bicol;
5. The State of Minparom; 6. The State of Eastern Visayas; 7. The State of Central Visayas; 8. The State of Western Visayas; 9. The State of Northern Mindanao;
10. The State of Southern Mindanao, and 11. The State of BangsaMoro;
In addition to Metro-Manila that is hereby connected into the Federal Administrative Region. ARTICLE II . DECLARATION OF PRINCIPLES AND STATE POLICIES
Article II, Declaration of Principles and State Policies, is hereby revised as follows: PRINCIPLES
Revision No. 1. Section 3. Article II. Civilian Authority, Supreme.
Civilian authority is, at all times, supreme over the military. Pursuant to the mandate of the Constitution, the Armed Forces is the protector of the people and the State against foreign enemies. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
STATE POLICIES
Revision No. 1. Section 9. Article II is hereby revised by adding a paragraph as follows: Section 9. Article II. Policy to Accelerate Economic Development. xxx It is a policy of the State to accelerate the country's economic development, among other things, by converting the nation into a Federal Republic with 11 States in addition to Federal Administrative Region of Metro-Manila thereby enabling them to establish their own centers of finance and development and help dissipate the causes of unrest and rebellion in the land.
ARTICLE VIII. JUDICIAL DEPARTMENT
1. The Supreme Court shall be transferred to the City of Cagayan de Oro within 10 years from the date of approval of this revision.
2. The Supreme Court shall assign a division of the Intermediate Appellate Court to hold office permanently in every State. It shall only take cognizance of the cases arising from within the territorial boundaries of the States to which it is assigned. Additionally, it may also be directed by the Supreme Court to handle other cases or assist other Intermediate Appellate Court divisions as the need arises.
3. A division of the Sandiganbayan shall be assigned by the Supreme Court to hold office in Federal Administrative Region; the State of Northern Luzon; the State of Minparom; the State of Central Visayas, and the State of Northern Mindanao. It shall have jurisdiction over offenses cognizable by the Court under the Constitution and existing laws committed in the States to which these are assigned.
4. The judges of the Regional Trial Courts, the City or Municipal Courts may not be reassigned to any other place without their consent.
5. The Judicial and Bar Council shall be abolished.
6. The President shall appoint the Members of the Supreme Court and Judges of the lower courts from a list of, at least, three nominees prepared after appropriate public
hearings by the Integrated Bar of the Philippines and approved by the Commission on Appointments.
7. The salaries of the Chief Justice and of the Associate Justice of the Supreme Court, the justices of the Intermediate Appellate Court and the Sandiganbayan, and the judges of the lower courts shall be fixed by law and their salaries shall not be subject to income tax or otherwise decreased.
8. All cases or petitions shall be decided or resolved within twelve months from date of submission by the Supreme Court, and, unless reduced by the Supreme Court, eight months by all lower collegiate courts, and three months by other courts.
Article IX – Constitutional Commissions
1. Constitutional Commission shall be renamed to Independent Constitutional Commissions.
2. The existing independent constitutional commissions shall be renamed as follows: Civil Service Commission is renamed to Federal Civil Service Commission; Commission on Elections is renamed to Federal Commission on Elections; and the Commission on Audit is renamed to Federal Commission on Audit.
3. The Federal Civil Service Commission shall be divided into three divisions with three members each.
The first division, with the Chairman shall hold office in the city of Manila in the Federal Administrative Region of Metro-Manila and shall have jurisdiction over all matters cognizable by the Commission arising within the Federal Administrative Region, the State of Northern Luzon, the State of Central Luzon, and the State of Bicol.
The second division shall hold office in the City of Puerto Princesa in the State of Minparom and shall have jurisdiction over all matters cognizable by the Commission arising within the State of Minparom and the State of Southern Tagalog.
The third division shall hold office in the municipality of Sultan Kudarat in the State of the BangsaMo and shall have jurisdiction over all matters cognizable by the Commission arising within the States of Northern Mindanao, the State of Southern Mindanao and the State of BangsaMoro. 4. The Federal Commission on Elections
It shall administer the elections involving the President, the Vice President, and the members of Congress.
In addition to the qualifications provided, three Commissioners of the Federal Commission on Elections shall be residents of Luzon, two of the Visayas and two of Mindanao.
Until the State Legislatures provide otherwise, elections, plebiscites, initiatives, referenda or recalls that involve State-wide or local government affairs shall be under its jurisdiction.
It shall have the power to deputize law enforcement agencies and instrumentalities of the Government.
The power of the Federal Commission on Elections to investigate and cause the prosecution of election-related crimes is hereby repealed. The said power is vested in the Department of Justice. The Regional Trial Courts within whose territorial jurisdiction the offenses are committed shall have the power to try those election-related offenses.
Decisions of the Regional Trial Courts involving State, provincial, city or municipal election contests may be appealed to the Intermediate Appellate Court concerned. The decisions of the Intermediate Appellate Court on the appeals shall be final and executory.
Decisions of the city or municipal court involving barangay election contests may be appealed to the proper Regional Trial Court.
5. The Federal Commission on Audit
All accounts pertaining to the revenues and receipts and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the State, provincial, city or municipal government, or agencies, or instrumentalities thereof, including State, provincial, city or municipal government-owned or controlled corporations shall be audited respectively by the State, provincial, city or municipal audit office as provided by State legislation.
The city or municipal audit office shall audit the revenues and receipts and expenditures or uses of funds and property, owned or held in trust by, or pertaining to their respective barangays.
ARTICLE X. STATE LEGISLATURES
1. Every State shall have a unicameral legislature.
2. Every State Legislature shall be composed of three representatives for each province and each city located within the territorial boundaries of the State who shall be elected by the members of the Sangguniang Panlalawigan and Sangguniang Panlunsod from among their members. In addition, three representatives coming from the sectors of the farmers, fisherfolk and the senior citizens shall be nominated and appointed as provided for under the next revision.
3. The members of the Sangguniang Panlalawigan and the Sangguniang Panlunsod shall elect from among themselves their representatives to the State Legislatures. Of the three State legislators representing each province and each city, at least one, shall be nominated by a majority vote of the Opposition or Coalition of Opposition Parties. 4. The sectoral representation coming from the farming, fisheries and senior citizens
sectors as provided herein shall be nominated by the sectors concerned and they shall be appointed by the State Governor. Only groups of farmers, fisherfolk and senior citizens that are duly registered with the State Social Welfare department or office shall qualify for the nomination by the sectors concerned and for appointment by the State Governor.
5. The State Legislatures shall meet in session at least once but not more than twice every month on a day and time fixed by their Rules.
every day of session attended plus a travel allowance P40, 000 but not less than P20, 000 a month. The State Legislatures shall determine the travel allowance of their members taking into consideration the mode of travel, distance, the difficulty of travel and similar circumstances.
7. Members of State Legislatures shall also be entitled to reasonable office space and staff not exceeding five employees per member. The expenses for the office and the salaries, emoluments, perks and privileges of the employees shall be borne by the States and shall be included in its annual appropriations as approved by the State Legislatures concerned.
8. Any member of the State Legislature may be censured or suspended by a majority vote of all its members or expelled for unethical conduct or any act unworthy of a legislator or for any criminal act or conviction by a vote of two-thirds of all its members.
9. In determining their respective quorums, State Legislatures shall observe the following rules: (a) For State Legislatures with sixty or more members, the presence of, at least, ten members; (b) For State Legislatures with less than sixty but with forty or more members, the presence of, at least, seven members; and (c) For State Legislatures with less than forty members, the presence of, at least, five members shall be sufficient to provide a quorum for their regular or special sessions.
10. The State Legislatures shall have the exclusive jurisdiction to enact laws relative to: Public health, sanitation, hospitals, dispensaries and drug rehabilitation
institutions and facilities excepting those established by Congress or which it may establish in any part of the Republic. At least, one-fourth of the share of the State from the revenues of the Republic shall be set aside to fund a universal health program for the benefit of the State population.
Agriculture, agricultural lands Land use and development
Cadastral or land surveys of any kind
Taxes and duties - except those that are reserved to the Federal Congress Fisheries, aqua-or-marine culture, swamps or marshlands
Public works and infrastructures, airports, ship ports, wharves, levees, drainage systems and the like excepting those initiated by the Federal Government.
Roads, bridges, municipal tramways, inland waterways, ferries, and other means of travel or transportation and the vehicles that use the infrastructure built by any State within its boundaries.
State public corporations and quasi-public corporations. Trade, industry and tourism.
The trade relations that States may establish with other countries Bankruptcy and insolvency.
Trust and trustees.
Compelling the attendance of State, local government officials, or persons doing business in the State and their giving testimony, evidence or producing documents before the State Legislature or any of its committees.
Payment of the share of State of the national public debt that was used to fund projects or programs for the development of the nation.
Courts for the governance according to the customs and traditions of the indigenous populations of the States
The salaries, emoluments, allowances and the like of all officials and employees of the States.
Penalizing offenses against matters that are lodged within the jurisdiction of the States.
Police with jurisdiction over crimes or offenses committed within the boundaries of individual States.
Total ban or regulation of gambling activities.
Local prisons, reformatories, Borstal institutions and the like for the detention and reformation not only of criminals but also for minors in conflict with the law.
Transfer from one State to another of persons under investigation, accused of crimes or detention or convicted prisoners.
Wild animals, birds and other endangered species, State flora and fauna. Mines, mineral resources, gas, gas-works excepting those located within
ancestral domains as defined under existing legislation and those that are covered by acts of Congress.
Water, water supplies, irrigation and canals and water power arising from and used within the boundaries of a State.
Economic and social planning.
Social security and social insurance, employment and unemployment, pension plans, social welfare including relief and rehabilitation of internally displaced persons and places affected by natural or man- made calamities, and the establishment of hospices, refuge facilities, adoption centers and the like.
27.Cooperatives, microfinance or micro-credit and money-lending activities. Weights and measures.
Price control.
Labor and employment. Science and technology.
Free education from pre-school up to secondary schools, and subsidized colleges and universities.
Libraries, museums and like institutions, ancient and historical monuments, and records other than those covered by existing legislation.
Charities and charitable institutions.
Registration of marriages, births and deaths. Certified true copies of which shall be furnished monthly to the National Statistics Office.
Pilgrimages to places outside the Republic.
Totally prohibiting or regulating the production, manufacture, transport and sale of tobacco, cigarettes or other tobacco products, beer, wine or alcoholic beverages or intoxicating liquor including labels thereof.
The general welfare of the people of the States subject only to the prohibitions provided for under the Constitution or by existing laws passed by Congress.
ARTICLE XI. THE STATE EXECUTIVE DEPARTMENT I. New Section. The State Governor
In the 1987 Constitution, Article XI discusses about the accountability of public officers. However, in this proposed constitution, it discusses about the State Executive Department. In the 1987 Constitution, there is no article or provision pertaining to the state executive department. The state executive power is vested on the State Governor. II. States the Qualifications of a State Governor
Somehow similar with the qualifications needed for Philippine Elective Office in the 1987 Constitution. However, in the federal system, it has additional requirements: a) A graduate of public/private high school and b) Minimum residence is 5 years immediately prior to the election.
III. Office of the State Governor will be at the capital of the State
IV. There shall be a State Vice-Governor who shall have the same qualifications as the Stat Governor
V. The State Governor and Vice-Governor shall be elected by the qualified voters of the provinces, cities, municipalities and barangays located in the State. Article VII of the 1987 Constitution apply.
VI. The State Governor and Vice-Governor shall serve for no more than 3 consecutive terms of four years
VII. Canvass of Election Returns for State Governor and State Vice-Governor The returns of first elections of the State Governors, Vice-Governors and
members of the State Legislature shall be transmitted to the divisions of the Federal Commission on Elections concerned
Upon receipt of the canvasses, the head of the State Legislature shall, not later than 15 days after the elections, open all the certificates in the presence of the members of the State Legislature assembled in public session.
State Legislature shall start to canvass the votes subject to scrutiny & objection of their members
The State Legislature shall promulgate its rule for the canvassing of certificates.
VIII. Court Jurisdiction Over Election Contests
The Regional Trial Court holding office in the capital city or municipality of a State shall have original jurisdiction over election contests involving State Governors.
IX. Manner of Succession
Permanent vacancy in the office of State Governor = State Vice-Governor assumes.
If the vacancy is temporary but lasts for more than 15 days, the State Vice-Governor shall act as the State Vice-Governor for the duration of the temporary vacancy
A temporary or permanent vacancy in the office of the State Vice-Governor shall be governed by State Law.
XI. State Governor – Powers and Duties
Similar with the powers of the President – executes the law passed by Congress and the State Legislature.
XII. State Vice-Governor – Powers and Duties
Shall have the powers vested on him by the State Legislature. Preside over its sessions.
XIII. Powers and Duties of other State Officials and Employees
Shall perform such powers, functions and duties as defined by the State Legislature. ARTICLE XII. LOCAL GOVERNMENT
A. LOCAL GOVERNMENT
I. In the 1987 Constitution, it is article X. Here, it hereby renumbered as Article XII. II. Territorial and political subdivisions of the Federal Republic of the Philippines are
the States, Federal Administrative Region, Autonomous Regions, provinces, cities, municipalities and barangay
III. Territorial Boundaries, Powers and Privileges
They shall retain their territorial areas powers and privileges except as provided herein.
The territorial areas of the Autonomous Regions and of LGUs may be altered by the State Legislature concern. It shall take effect upon approval by the qualified voters of the LGU affected by it in plebiscite called for that purpose. IV. Supervisory Powers
The power of the President to exercise general supervision over LGUs applies only to the States.
V. Abolition of Sangguniang Kabataan
At the next provincial, city, municipal or barangay elections, the line up of candidates for the elective Sanggunian positions shall include a representative of youth who shall have the qualifications required under existing legislation except he/she shall be not more than 18 years old at the time of the filing of his candidacy.
VI. Sharing of taxes
Taxes mentioned in LGC of 1991, RA 7160, shall include all revenues and taxes imposed or collected by the Federal government
All revenues and taxes collected by the lLGUs or national government agencies in accordance with RA 7160, shall be divided: 20% to the Federal Government 80% to the States
Of the share accruing to the states, 30% shall pertain to the State concerned and 70% shall be divided among the provinces, cities, municipalities and barangay according to the formula states in the LGC of 1991.
The LGUs which collect the revenues and taxes referred to above shall have the right to retain their shares.
VII. Publication of Remittance to the States
The FG shall remit the shares of its revenue collection minus the amounts withheld by the latter within the 1st quarter of every year without unnecessary
It should be published in at least 2 newspapers of national circulation, and announce over radio & television stations and post on its website or internet the amounts of the shares remitted to the States and dates when the remittances were made.
Shall also submit to the Federal Commission on Audits duly audited documents and papers showing the amounts and dates of remittances.
States shall report to the FDCA the use to which amounts were expended. Documents and papers are declared public documents and certified copies
shall be released on demand of any citizen VIII. Publication
States shall remit directly the shares of the provinces, cities, municipalities and barangays within 15 days from their receipt of the shares from the FG without unnecessary delay.
After receiving the remittances, the said LGUs shall publish it in 2 newspapers of local circulation and broadcast over radio and television with local coverage and post in their respective website or through internet the amounts remitted to them, the dates and the use to which the amounts were expended.
They shall also submit report to the State Commission Audit.
The said documents and papers are declared public documents and copies shall be released on demand of any citizen
IX. Financing of Newly Created LGUs created by States of by the provinces, cities or municipalities shall be borne by the creating entity
XII. The terms of office of elective provincial, city, municipal, and barangay officials shall be 4 years and no such officials shall serve for more than 3 consecutive terms. B. AUTONOMUS REGIONS
I. The Autonomous Region of Muslim Mindanao is converted into the State of Bangsamoro
II. State Governors shall exercise general supervision over autonomous regions created by the States to ensure that laws are faithfully executed.
III. The defense of and security of the autonomous regions shall be the primary responsibility of the States creating them.
IV. Intra-State Boundary Disputes
The boundary disputes involving the States shall be resolved by the Commission on Intra-State Boundary Disputes created therein. It is chaired by the Secretary of DILG.
Membership of the Commission shall be constituted in the following manner: a. If the dispute involves 2 States, each may nominate two members.
b. If it involves 3 or more States, each may nominate one member. The Secretary of Justice shall sit in proceedings whenever it is necessary to break a tie vote of the Commission
c. If the dispute involves the boundaries of the State where at least 20% of the residents in one or more States involved in the dispute are Lumad/Muslim, the two minority groups through their respective organizations duly registered with the Social Welfare Office of the States
concerned may nominate 1 member each to represent them in the Commission in addition to the representatives of their respective States. d. Commission shall be constituted within one month from the date a
complaint is filed with the Secretary of the DILG. The Commission shall resolve the dispute within 6 months from the date it is brought to its attention. Unless there are cases to resolve, the Commission shall adjourn from time to time and shall reconvene within 1 month from the date complaints are filed.
e. Appeals from the decision of the Commission may be taken to the Intermediate Appellate Court division sitting geographically nearest to but outside the area in controversy. The decision of the IAC division concerned shall be final.
ARTICLE XIII. ACCOUNTABILITY OF PUBLIC OFFICERS
I. In the 1987 Constitution, it is Article XI. Here, it hereby renumbered as Article XIII.
II. Sec 3(2) – Impeachment
Complaint for Impeachment may be filed by any Member of the House of Representatives, which shall be included in the Order of Business within 7 session days, and referred to the proper Committee within 3 session days thereafter.
The Committee, after hearing, and by a majority of votes from all its Members shall submit its final report to the House within 30 session days from such referral, together with its corresponding resolution.
Resolution shall be calendared for consideration by the House within 5 session days from receipt thereof.
III. Consolidation of Impeachment Cases
Impeachment complaints filed against the same official within a period of forty-five sessions from the filing of the first complaint maybe consolidated into one impeachment complaint provided that the complaints are filed within the same legislative year.
Complaints filed in another legislative calendar year may be dealt with separately as the House of Representatives may decide pursuant to its Rules. IV. Section 5. Abolition of the Deputy Ombudsman for the Military
The office of a separate Deputy for the military establishment is hereby abolished. The functions and duties of the Deputy Ombudsman for the military shall be exercised and discharged by the Ombudsman.
V. Section 11, Article 13 is hereby revised by adding paragraph 11-A, 11-B and 11-C. Ombudsman – Term and Condition
Ombudsman and Over-all Deputy Ombudsman shall hold office in the City of Manila in the federal Administrative Region of Metro Manila. He shall have jurisdiction over cases arising within the Federal Administrative Region of Metro Manila and the States of Northern Luzon, Central Luzon, Southern Tagalog and Bicol.
The 2nd Deputy Ombudsman shall hold office in the City of Cebu in the state
of Central Visayas. He shall have jurisdiction over cases arising within the States of Minparom, Eastern Visayas, Central Visayas and Western Visayas. The 3rd Deputy Ombudsman shall hold office in the City of Davao in the State
of Southern Mindanao. He shall have jurisdiction over cases within the States of Northern Mindano, Southern Mindanao and the Bangsamoro.
VI. Section 13 (3), (4), (5) and (6) is revised. Powers and Function
3 – Remove, suspend, denote, fine or censure any appointive public official or employee who is found remiss in the performance of his duties or to have committed any illegal, unjust or improper act.
4 – Direct the officer/employee concerned, in any appropriate cases, and subject to such limitations as may be provided by a law passed by Congress, to furnish it with copies of documents relating to contracts or transactions entered into by his/her office involving the disbursement/use of public funds or properties.
5 – Require any government agency to provide assistance and information necessary in the discharge of its responsibilities and to examine pertinent records and documents.
6 – Publicize matters under its investigation and all the mass media to have free and unfettered cases thereto. Parties in interest & the mass media may copy any of the said documents/paper/other materials submitted to the Ombudsman or any of his deputies, in connection with any investigation subjects to the payment of reasonable fees to cover the costs of reproduction thereof.
VII. New Section. Confidentiality of Party
The identity of any complainant, respondent or witnesses below 18 years old shall be held confidential and shall not be publicized in any manner or form. The identity of any woman regardless of age who files a complaint for sexual
harassment shall be held confidential and not be publicized in any manner or form
Congress shall enact the proper legislation to provide the penalties for violations of the provisions mentioned
VIII. New Section. Vacancies in the Office
Vacancies in the Office of the Ombudsman and his Deputies shall be filled up by appointment by the President from a list of 3 nominees prepared by the IBP after appropriate hearings and subject to confirmation by COA.
IX. New Section. Direct Fillings with the Sandiganbayan
In the event that the Ombudsman and the Deputy Ombudsman fail within 6 months to resolve or refuse to act on any case that is submitted to them for resolution reckoned from the date it is filed, without prejudice to the filling of a proper case for impeachment against the Ombudsman, the party concerned may avail of the Writ of Amparo and other applicable remedied from the SC or sue the Ombudsman or the Deputies before any Sandiganbayan court.
X. Section 17, is revised by adding a new paragraph. Declaration of Assets and Liabilities
The declaration of assets, liabilities and net worth of a federal or a State officer or employees is declared a public document and may be published or broadcast by any media outlet.
ARTICLE XIV. NATIONAL ECONOMY AND PATRIMONY
1. States may pursue local development in the utilization of mineral, marine and aquatic, forest and other natural resources. They may engage in local and international trade and commerce to attain self-sufficiency and progress within their respective territories subject to the limitations imposed by the constitution.
2. The right of citizens to engage in the small-scale utilization and development of natural resources, as well as cooperative fish farming, with priority to the right of the subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons as provided in the Local Government Code shall not be abridged.
3. Federal Government, the States, provinces, cities, municipalities and
barangays shall ensure that international best practices in exploration, utilization and
development of natural resources to safeguard the people from toxic waste and pollution and to protect the environment from degradation are observed.
The President may enter into agreements with foreign-owned firms
involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils according to the terms and conditions provided by law and based on real contributions to the economic growth and general welfare of the country.
4. Commercial logging is hereby banned for the next thirty years reckoned from the date of the approval of the Constitution.
5. The dual citizen may avail of all other rights that other citizens are entitled to except to be a candidate for public office.
6. (A) Foreign loans to fund federal projects may only be incurred in accordance with law and the recommendation of the Monetary Board subject to the approval of Congress.
(B) Foreign loans to fund State or local government projects may be incurred pursuant to a law passed by the State Legislature.
The Monetary Board may impose objections only if the loan is beyond the
capacity of the Republic or State to pay or is attended by anomalies or corruption in any
manner or form.
7. A Commission composed of the Federal Secretary of Finance, as chairman, the Chairmen of the Senate Committee on Finance and the House of Representatives
Committee on Appropriations, one member of the Opposition from the Senate and the House of Representatives, and four representatives of the States shall have the power to review foreign loans that remain unpaid on the date the Constitution as revised is approved.
Article XV. SOCIAL JUSTICE AND HUMAN RIGHTS REVISION
1. Government financial institutions shall lend funds at concessional rates to the
farmer-beneficiaries above mentioned for the purpose of developing the land allotted to
them under the comprehensive agrarian reform program.
2. The Federal Government may subject large scale farm lands of not less than fifty hectares to the comprehensive agrarian reform program by converting them into cooperatives of the beneficiaries. The beneficiaries shall be entitled to a maximum of two hundred square meters for their housing needs as owners thereof and to equitable share-holdings in the produce of the said lands. In no case, however, shall the housing allocations for the beneficiaries exceed one-half of the total area covered by the agrarian reform.
3. The Federal Government recognizes the right of farmers, farm workers, and
landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the comprehensive agrarian reform program. Federal and State governments shall provide adequate financial assistance to the beneficiaries of the comprehensive agrarian reform program and promote agriculture through appropriate technology, research, production,
marketing, and other support services.
4. The Federal and State governments shall adopt an integrated and a universal
health care program and a comprehensive approach to health development and make food, basic commodities, medicines, drugs, health and other social services available to
all the people at affordable cost.
5. The Commission on Human Rights shall be composed of a Chairman and
eight Members who must be natural-born citizens and, at least, five of whom shall be members of the Bar.
6. The incumbent Chair and the two commissioners holding office in the State of
Central Luzon shall have jurisdiction over cases involving human rights therein and in the States of Northern Luzon, Southern Tagalog, Bicol, and the Federal Administrative
ARTICLE XVI. EDUCATION, SCIENCE & TECHNOLOGY, ARTS, CULTURE AND SPORTS
1. The States may add appropriate subjects or courses to the basic curriculum for
the grade school and high schools within their territorial areas in consultation with the Department of Education.
ARTICLE XVII. THE FAMILY
Revision No. 1
Article XV. The Family is hereby renumbered as Article XVII. Revision No. 2
Subsection 4 of Section 3 of Article XVII, is hereby revised as follows:
Subsection 4 of Section 4 of Article XVII. Participation in Planning and Implementation.
The right of families or family associations to participate in the planning and implementation of policies and programs that affect them is mandatory. No public funds that affect families and family associations may be expended prior to the proper and formal adoption of such policies and programs by Federal or State law.
In the 1987 Constitution, it is not mandatory to participate in the planning and implementation of policies an there was no mention of public funds. However, this revised constitution encourages transparency among all families and family associations by letting them actively take part.
ARTICLE XVII. GENERAL PROVISIONS Revision No. 1
Article XVI, General Provisions, is hereby renumbered as Article XVIII. Revision No. 2
New Section. Article XVIII. Filing of Administrative Cases.
An administrative case that seeks to dismiss from public service or suspend a Federal or State elective or appointive public officer or employee shall be filed with the Civil Service Commission. The case shall be decided by the Civil Service Commission within three months from the filing thereof.
The period of suspension shall not exceed ten months as maximum. Federal or State elected officials may be suspended only once in a calendar year in which the first penalty of suspension was imposed unless the elected official concerned appeals the first order of suspension.
Administrative cases against elective local officials shall be filed in accordance with the procedure laid down in the Local Government Code provided that the penalty of suspension from office shall not exceed ten months as maximum. No other penalty of
suspension involving, the same or another administrative case may be imposed in the calendar year in which the first penalty of suspension was imposed unless the elected official concerned appeals the first order of suspension.
Except as provided above, no other agency or office of the government may entertain administrative cases against elective local officials.
Revision No. 3
New Section. Article XVIII. The Solicitor General.
There shall be a Solicitor General and ten Deputy Solicitor Generals who shall be appointed by the President from lists prepared after appropriate public hearings by the Integrated Bar of the Philippines and subject to approval by the Commission on Appointments.
Revision No. 4
New Section. Article XVIII. Office of the Solicitor General.
The Office of the Solicitor General shall be deemed as a constitutionally independent office. It shall act as the counsel for government offices which sue or are sued in connection with the performance of their duties excepting the government owned or controlled corporations or entities.
Revision No. 5
New Sections. Article XVIII. Office of the Solicitor General – Fiscal Autonomy. The Office of the Solicitor General shall enjoy fiscal autonomy. Its approved annual budget shall be automatically released.
These new sections introduce the role of Solicitor General, an office which enjoys fiscal autonomy and is tasked to act as a counsel for government offices in administrative case and all other issues relating to their performance in public office.
Revision No. 6
Section (4), Article XVIII is hereby revised as follows:
Section (4), Article XVIII. Prohibition on Men in Active Service.
No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government-owned or controlled corporations or any of their subsidiaries. No retired military officer may be appointed permanently or temporarily to any civilian position in the Government unless no civilian civil servant qualifies for it.
The 1987 Constitution merely introduces the Armed Forces of the Philippines. However, in this revision, it was also ordered that none of them, even the retired is allowed to be appointed permanently or temporarily to any civilian position in the Government.
Revision No. 7
Section 6-A. Article XVIII. Federal Police.
The Federal Government shall establish and maintain a civilian police force with nation-wide jurisdiction over crimes any element of which is committed in more than one State or continuing offenses as defined by the Revised Penal Code or other penal laws passed by Congress.
The officers and members of the Federal Police shall be appointed by the President pursuant to legislation passed by Congress. The officers of the Federal Police from the rank of Police Inspector shall be subject to confirmation by the Commission on Appointments.
Since the Philippines will be divided into 11 states, the Federal Police Force will still have nationwide jurisdiction over all the states.
Revision No. 8
Section 6-B. Article XVIII. State Police.
The State may organize and maintain their civilian police forces with jurisdiction over offenses prescribed by the Revised Penal Code and other penal laws that are committed solely within State boundaries.
The officers and members of the State Police shall be appointed by the State Governor pursuant to State legislation. The officers of the State Police from the rank of Police Senior Inspector shall be subject to confirmation by the State Legislature.
There will also be State Police Force assigned in every state which is to be appointed by the State Governor.
Revision No. 9
Section 6-C. Article XVIII. City or Municipal Police.
Subject to Federal and State laws, the cities and municipalities may organize and maintain their civilian police forces. The said police forces shall deal with offenses, committed within the territorial jurisdiction of the cities and municipalities concerned, as defined by the Revised Penal Code, other penal laws or applicable ordinances.
The police force also goes down to cities and municipalities assigned within their territorial jurisdiction.
Revision No. 10
New Section. Article XVIII. City or Municipal Police –Appointments.
The officers and members of the City Police Force shall be appointed by the City or Municipal Mayor pursuant to State legislation. The officers of the City or Municipal Police Force from the rank of Police Senior Inspector shall be subject to confirmation by the Sangguniang Panlungsod or the Sangguniang Bayan.
Revision No. 11
New Section. Article XVIII. Federal Equalization Council.
(A) There shall be a Federal Equalization Fund administered by the Federal Equalization Council (FEC).
(B) One hundred billion pesos (P100,000,000,000.00) which shall be included in the annual General Appropriations Act after the revisions of the Constitution are Passed by Congress.
The fund shall be derived from one-half of the proceeds of duties on import, federal revenues from taxation on the sale and distribution of soda beverages of all kinds, tobacco, cigarettes or other tobacco products, beer, wine, alcoholic beverages or intoxicating liquor, and one-tenth of the revenues of the Philippine Gaming Corporation and of the Philippine Charity Sweepstakes Office.
If the fund cannot be filled up from the sources mentioned, Congress shall appropriate such amounts as are necessary to meet P100 billion stated above.
(C) Every State is entitled to one member in the Federal Equalization Council as defined by State law and the Federal Government to four members as defined by federal law. Each member shall have such qualifications and be chosen in such manner and under such terms as the pertinent legislations of the State and Congress shall provide. Compensation of the members of the Federal Equalization Council shall be the same as that of a justice of the Federal Supreme Court.
(D) The council is an independent constitutional organ. It shall be chaired by the person elected by the members of the Federal Equalization Council from among themselves. The chair shall be rotated every two years.
(E) The council shall annually allocate the funds among the States, Autonomous or federal Administrative Regions which are qualified for equalization fund assistance to enable the latter to provide basic government services and shall cause their respective allocations to be paid to the special revenue funds of the States concerned.
(F) The cost of operation of the council including such staff as it may constitute shall be paid from the fund whose accounts shall be federally audited.
The 11 States and the federal Administrative Region are represented in the Federal Equalization Council by one member. That adds up to 12 members representing the States and the Federal Administrative Region of Metro-Manila.
There are also four members representing the Federal Republic to be appointed by the President. In all, there shall be 16 members.
The representative of thee Federal Republic to the federal Equalization Council shall be appointed by the President with the approval of the Commission on Elections and the representatives of the States to the shall be appointed by the State Governors with the consent of the State Legislature concerned or any of its duly authorized committee.
The allocations coming from the Council shall be paid to the special revenue funds of the applying States or Regions.
The revenues and the expenditures of the Fund shall be audited by the federal Commission on Audit.
The Federal Commission on Audit shall make public the results of its audit of the said funds and furnish copies of its audit report to the States, Autonomous Regions of the Federal
administrative Region and to any mass media outlet that requests for a copy of it subject to the payment of proper fees.
ARTICLE XIX. TRANSITORY PROVISIONS Revision No. 1
Article XVII, Transitory Provisions, is hereby renumbered as Article XIX. Revision No. 2
New Section. Article XIX, The Incumbent President.
Unless the incumbent President is removed from office, dies or resigns, the incumbent shall serve until 2010, the year her constitutional term or office ends. She is, however, not qualified to run again for the same office under the Constitution.
Revision No. 3
Section 26. Article XIX. Abolition of the Presidential Commission on Good Government.
The Presidential Commission on Good Government is abolished. The powers of the Commission shall be transferred immediately and hereafter be exercised by the Department of Justice.
The PCGG is the quasi-judicial agency created by Pres. Corazon Aquino to recover the wealth believed to be accumulated from graft and corruption during the Marcos regime. Revision No. 4
New Section. Article XIX. Ad – Interim Commission on Elections.
Until the States create their own Commissions on Elections, the existing Commission on Elections shall continue to supervise the holding of State elections and local elections. Revision No. 5
New Section. Article XIX. Ad – Interim State, City, Municipal Police.
Until the State, City of Municipal Police Forces are created as ordained herein, the incumbent police officers and members shall continue to perform their functions and discharge their duties unless barred by other applicable laws.
Police officers who are appointed or promoted after the approval of the revisions proposed herein shall be subject to confirmation as stipulated in the pertinent Articles of the Constitution.
Revision No. 6
New Section. Article XIX. Ad – Interim State, Provincial, City or Municipal Commission on Audit.
Until the State, provincial, city or municipal governments shall have organized their own auditing offices as mandated herein, the Commission on Audit shall perform the functions and discharge the duties lodged with it by the Constitution.
These new sections propose that while the states are still making their own government offices, the existing offices shall temporarily carry on with their tasks until the states become independent.
Revision No. 7
New Section. Article XIX. Intermediate Appellate Court & Sandiganbayan Pending Cases.
The divisions of the Intermediate Appellate Court and the Sandiganbayan that have cases pending before them shall decide those cases within six months from the approval of the Constitution.
Revision No. 8
New Section. Article XIX. The Human Rights Commission.
The incumbent Chair and Members of the Human Rights Commission as defined under Article XII of the Constitution shall continue to perform their functions and discharge their duties under their terms shall have expired or they are barred from doing so by law or any provisions of the Constitution.
Revision No. 10
New Section. Article XIX. Electoral Cases.
Decisions of the Presidential Electoral Tribunal and House of Representatives Electoral Tribunal.
The Presidential Electoral Tribunal, Senate Electoral Tribunal and House of Representatives Electoral Tribunal shall decide all electoral cases submitted to their respective jurisdictions within six months from the date the controversy is filed. Decisions of the Tribunals shall be final.
Revision No. 11
New Section. Article XIX. Electoral Decisions of the Regional Trial Courts. The Regional Trial Courts of the province or city concerned shall have original jurisdiction over electoral cases involving provincial, city and municipal elective officials in the places where they are assigned. The decisions of the Regional Trial Court may be appealed to the division of the Intermediate Appellate Court Sitting in the State in which the province or the city is located. The court concerned shall decide the cases within three months from the date the appeal is made. The decision shall be final.
Revision No. 12
New Section. Article XIX. Electoral decisions of the City or Municipal Courts. The City or Municipal Trial Courts shall have original jurisdiction over electoral cases involving barangay officials in the places where they are assigned. The cases shall be decided within one month from the filing thereof. Appeals may be brought to the regional Trial Courts sitting in the province or city concerned. The court shall decide the appeals within two months from the date of the appeal. The decision shall be final.
Revision No. 13
Section 35. Article XIX. Separability Clause.
If any revision herein introduced is held invalid or unconstitutional, the other provisions not affected hereby shall remain valid and subsisting.
Revision No. 14
New Section. Article XIX. Transitory Provision – Term of Local Government Officials.
All local government officials elected immediately prior to the approval of this constitutional revision shall continue to hold office for the duration of the terms to which they had been elected as defined by existing legislation.
Revision No. 15
New Section. Article XIX. Transitory Provision – Applicability of Omnibus Election Law.
Until revised by the State, the elections of local government officials shall be governed by the Omnibus Election Code (Batas Pambansa Blg. 881), as amended.
Revision No. 16
New Section. Article XIX. Repealing Clause.
Section 8, Article VIII, Section 2 (2), Article IX-C, Section 3 (5) Article XI, and Section 21, Article XII of the Constitution are hereby repealed. All laws, presidential decrees, executive orders, rules and regulations, or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified or amended accordingly.
Revision No. 17
New Section. Article XIX. Publication.
The Revisions introduced herein shall be published in English and in Pilipino as translated by the Institute of the National Language in a least five newspapers of general circulation for a period of one week after their adoption by a vote of the Senate and the House of Representatives voting separately pursuant to the Constitution and before they are submitted to the people for ratification in a plebiscite called for the purpose.
Revision No. 18
New Section. Article XIX. Translations.
The Revisions shall be translated into Iloko, Cebuano, Hiligaynon, Waray, and Arabic by competent translators designated by the department of Education and published in the proper newspapers of regional circulation for at least a month before the revisions are submitted to the people for ratification in a plebiscite called for the purpose.
Revision No. 19
New Section. Article XIX. Airing Over Radio and Television.
The major points of the Revisions as determined by the institute of national language and the Department of Education shall likewise be aired over national radio and television in
English and Pilipino and over radio and television located in the Ilocos, Cebu, Bacolod, Samar, Davao, Cagayan de Oro City, Zamboanga City and the Autonomous Region of Muslim Mindanao.
Revision No. 20.
New Section. Article XIX. Effectivity Clause.
The Revisions shall take effect upon arrival by the qualified voters of the Republish in a plebiscite called for the purpose as ordained by the Constitution.
ADVANTAGES OF FEDERALISM Adopted from Rappler
What is Federalism? It is a form of government where sovereignty is constitutionally shared between central governing authority and constituent political units called states or regions. How different is it from what we have now? It is a complete opposite to the unitary form of government we have now. In unitary, most administrative resources are with the national government based in Metro Manila and the local government units are under the Malacañang. Examples of federal countries: United States, Canada, Australia, Brazil, India and Malaysia
Pros
Locals decide for themselves. Local Government Units will be more effective and locals will be given a chance to actively participate in the matters of their own region.
States can establish policies that may not be adopted nationwide. Since the country consists of people from diverse culture and religious beliefs, a State can now establish policies that may be useful on its own but not applicable to the rest.
More power over funds and resources. Local governments can now manage their own local funds, estate tax, business permit fees and other resources without getting a go signal from the national government in Manila.
Promotes specialization. The national and state governments can choose an area they would like to focus on.
Develops a healthy competition among states. The different states can now focus on economic development using their core competencies and industries.
Possible solution to the Mindanao conflict. The creation of the state of Bangsamoro may address the concerns of separatists who long for more autonomy over the administration of Muslim Mindanao.
Decongestion of Metro Manila. The fiscal autonomy for state governments could lead to a just allocation of the countries wealth allowing the people to settle on their own states.
Lessens dependence on Metro Manila. Regions can now work independently of Metro Manila for most concerns.
Brings government closer to people. The state governments will now be able to exercise their powers well since they can directly support the people in their needs without delays.
Economic development in each State. More investors may decide to widen their scope to the states and people won’t be finding a need to go to large cities such as Manila for more jobs and opportunities. Thus, reducing the rate of unemployment and underemployment.
Constitutional Reform in the Philippines. Retrieved from
http://broom02.revolvy.com/main/index.php?s=Constitutional%20reform%20in%20the %20Philippines&item_type=topic&sr=50
Joint Resolution to Convene the Congress into a Constituent Assembly for the Purpose of Revising the Constitution to Establish a Federal System of Government. Retrieved from https://www.senate.gov.ph/lisdata/71586390!.pdf
Ranada, P. and Villarete, N. (January 31, 2016). Will federalism address PH woes? Pros and cons of making the shift. Retrieved from
http://www.rappler.com/nation/politics/elections/2016/120166-federalism-pros-cons-explainer
