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PRACTICABILITY

Banner Statement: FEDERALISM: Answer, Advantage and Attainable

Philippines is in its transitional period therefore, there is a need for a change


in the Constitution.

1st Point: FORM A CONSTITUENT ASSEMBLY

Section 1 Article 17 of the 1987 Philippine Constitution states that: Any


amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress , upon a vote of of all its members;


(2)A constitutional convention.

Revision is the legal remedy for a change in the Constitution because it


is a modification in its entirety and not in a particular provision. It is the
rewriting or revamp of the entire instrument. The initial process is though a
proposal which can be done in three ways: First, is through the constituent
power of the Congress by votes from the Senate and the House of the
Representatives. Second, is through a constitutional convention and the last
method is made by people through initiative.

We highly recommend a constituent assembly rather than a


constitutional convention. It is a body or assembly of representatives
composed for the purpose of drafting or adopting the constitution. It is
usually set-up for a short period and inexpensive.

The transitory provision of our Constitution expressly sanctions the


legal remedy for federalism to push through. Countries such as United States
of America, Canada, Australia, Switzerland, Sweden and New Zealand have
been successful in using the federal system of government.

2nd Point: CONGRESS SHOULD PASS THE SENATE RESOLUTIONS

Senate Joint Resolution No. 10 proposes to revise 14 articles of the 18


articles of the 1987 Philippine Constitution and the addition of 2 new articles.
It sought to adopt a federal presidential bicameral form of government in
2008 headed by Sen. Aquilino Pimentel. The bill also created eleven States in
relation to the demographical and geological locations of the provinces.
The resolution therefore, as basis for adoption of a Federal Government
must be a priority that ought to be addressed by Congress. The major reason
is the country is in its transitional period wherein the ills of the democratic
government are at the process of being cured by our present administration.
It is time for the citizens to support and not always blame the government
for its failures. Now, is the perfect time to recover from the frailties of the
past and face a new challenge in shaping the NEW PHILIPPINES..

3rd Point: SHIFTING TO A FEDERAL GOVERNMENT

A shift from a democratic government to a federal government is a


crucial process but it is evident that out country needs it. According to Jose
Abueva (UP Pol Sci Professor), a transition period is needed to be enable the
federal government to prepare, adjust, redistribute powers, functions and tax
bases between the federal government and the States. Hence, it is feasible
because adequate time is given for preparation.

The Philippines being an archipelago, with diverse culture has that


characteristic to run a federal government. The reason is the geographical
location of the country composing of 7, 107 islands. Each province has
distinct culture, ideologies, industry, resources and economy. The shared rule
and self-rule concept as previously discussed by the ___ speaker is effective
for a STATE to govern itself and with the help of the federal government.
Geoffrey Walk (from the Australian Government) stated that Federalism is not
an ideology, it is pragmatic and prudential compromise combining shared
rule on some matters with self-rule on others. To further prove my point, the
country of Malaysia has the same characteristics as ours. This nation runs a
federal form of government with 13 states. (PLEASE INSERT GDP OF
MALAYSIA V PHILIPPINES).

As a conclusion, good governance depends on the political culture,


institutions, policies and development strategies, leaders, citizens and the
private sector and economy. Therefore, the redistribution of the powers of
the government can be attained by giving equal opportunity to all states.

Ladies and gentlemen, we, the affirmative side proposes that


Federalism is an answer, an advantage and attainable to the current
economic, industrial, political and social condition of the Philippines.
PRACTICABILITY

The push for federalism, largely as a response to ethnic or regional tensions,


is enjoying something of a renaissance, from Solomon Islands to Iraq
though there is little evidence that those espousing it have referred to the
literature on failed federalism in the second half on the twentieth century
(see, for example Franck 1968; Hazlewood 1967; May 1970; etc).

Whether or not the Philippines will be a federal republic remains to be seen.


Certainly the CMFPs proposals that there be a transitional period to develop
support for the idea, and that the achievement of statehood be geared to
individual states capabilities (though likely to prove contentious) are to be
commended. In the meantime, if the issues do not get lost in the
personalistic politics that has characterized the Philippines for some
decades.

Indeed the federal system is worth looking into as a more ideal set-up for
Mindanao and the Philippines. More importantly, it is one system that may be
able to effectively address the current and peculiar situation of Mindanao not
only as a victim of neglect but also as a unique island-region that harbor
three peoples of diverse backgrounds, customs, culture, traditions, and social
systems. More specifically, it is a political option that may help prevent a
stalemate that can lead to another Mindanao war.

Clearly, what Mindanao needs is unity in diversitynot integration, not


assimilation-or at least harmony in diversity. Admittedly, a federal system is
friendlier to this idea than the unitary and centralized system that we have.
Federalism is a system of government in which the same territory is
controlled by two levels of government. Generally, an overarching national
government governs issues that affect the entire country, and smaller
subdivisions govern issues of local concern. Both the national government
and the smaller political subdivisions have the power to make laws and both
have a certain level of autonomy from each other. The United States has a
federal system of governance consisting of the national or federal
government, and the government of the individual states (Cornell University
Law School Legal Information Institute).
Federalism is a proposed system of administration for the Philippines and a
revision of the current 1987 constitution. In 2008, Senator Aquilino Pimentel,
Jr. proposed Joint Resolution No. 10, which would have created eleven
autonomous regions out of the Philippine Republic, establishing eleven
centers of finance and development in the archipelago. According to the
proponent, by creating eleven federal states and by converting Metro
Manila as a federal administrative region, we immediately establish
12centers of power, finance and development throughout the country. Its
Explanatory Note states the following:
That, the Constitution provides for a unitary system of government where
the country's development programs are centrally determined, planned,
funded and implemented by the national government in Manila;

That, the concentration of such enormous powers in Manila has created only
one center of finance and development in the country resulting in a highly
centralized system of government;
That, the highly centralized system of government has brought about a
spotty development of the nation where preferential treatment has been
given to localities whose officials are friendly with or have easy access to an
incumbent administration;

That, this lopsided arrangement has spawned a host of problems including


massive nationwide poverty to runaway insurgencies and rebellions that feed
on the societal inequalities in the nation;

Resolution No. 10 proposes to revise of 14 of the 18 Articles of the 1987


Philippine Constitution and the addition of two new articles. It sought to
adopt a federal presidential bicameral form of government. This proposed bill
was backed by 13 Senators.

Proposed administrative divisions are eleven States plus one federal


administrative region for which Federal Administrative Region of Metro -
Manila would have been patterned to the US Washington, D.C., and would
have been the seat of the Federal government. The States with Capital are
NorthernLuzon (Tuguegarao),CentralLuzon (Tarlac City), Southern Tagalog
(Trece Martires City), Mimaropa ( Mamburao),Bicol (Legazpi), Eastern Visayas
(Catbalogan), Central Visayas (Toledo),Western Visayas (Iloilo City), Northern
Mindanao (Cagayan de Oro), SouthernMindanao (Davao City) and
Bangsamoro (Cotabato City).
House Concurrent Resolution No. 15 was filed by Rep. Monico O. Puentevella
on May7, 2008, which supported Senate Resolution No. 10 backed by 16
senators. Congressman Prospero Nograles, a self-proclaimed advocate of
federalism, on May 1, 2008, announced: "This federal system of government
is close to my heart as a Mindanaoan leader and I'm sure most of the leaders
in Mindanao will agree that we have long clamored for it. Senate Resolution
10 is a pleasant surprise because the Senate has a long history of opposing
any move to amend the Constitution." The joint Senate resolution called for
the creation of 14 federal states in the country, by convening of Congress
into a constituent assembly for the purpose of revising the Constitution to
establish a federal system of government.

President Gloria Macapagal Arroyo supported Senate Joint Resolution No.


10. Among her reasons are: 1. to bring about the Bangsamoro Juridical
Entity; 2. to give opportunity to the whole country in availing the reform
effects of federalism; 3. to give local officials more authority in order to
perform better. Leftists and militants criticized the Presidents support to be a
mere ploy for her term extension to perpetuate in power as well as the
removal of the protectionist provisions in the 1987 Philippine Constitution.

In 2008,former President Fidel Ramos said the moves to amend the


Constitution and change to a federal form of government must come only
after 2010 to dispel speculations that President Arroyo is bent on staying in
power beyond her term. In 2014, the shift to a federal form of government
in the Philippines is being pushed by Davao Mayor Rodrigo Duterte, who is
aspiring to run for President in 2016.

We cannot deny the good things that federalism can offer and only few
political analysts have questioned the disadvantages of the Federalism. We
stand firm to push this proposal.

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