By: Moises Respicio Embat, Masters

of Public Administration Student

 FEDERALISM
Federalism is defined as a form of government in which there is a division of powers between two levels of
government.

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 FEDERAL GOVERNMENT
The Philippines is socially, economically, culturally and politically diverse
due to its geographical archipelagic landscape. It is composed of Seven
Thousand and One Hundred Seven islands (7, 107) with One hundred fifty-four
(154) dialects making the federal-parliamentary system as the most
appropriate form of government for the Philippine Republic.

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 FEDERAL-PARLIAMENTARY
Philippine model
•The executive branch of government is somehow fused with the legislative branch of government to
have unity of purpose. Why? Because the Prime Minister who exercises executive power is a member
of the Parliament and majority of the cabinet members are chosen from the parliament.
•The legislature is unicameral. There are no upper and lower houses of congress anymore. It is simply
called “Parliament”, one and only legislative body of the Federal government.
•The members of the parliament are focused on legislative works, although, some of its members who
may be appointed members of the cabinet exercise executive duties and functions.
•The positions of the President and Vice President shall be retained. Both of whom are elected at
large. A vote for the President is a vote for his Vice President.
• The President is the figure and ceremonial head of the Federal government with certain prerogatives.
• The President and his Vice President can be removed from office by impeachment.
• The Prime Minister who is nominated by the President from among the members of the parliament
and confirmed as such by majority vote of its members. He is assisted by deputy prime ministers who
are appointed by the President. He is also assisted by cabinet ministers, majority of whom, are chosen
by the Prime Minister from among the members of the parliament.
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• The Prime Minister can be removed from office by Two-Thirds vote of “No
Confidence” by the members of the parliament, or when the parliament is dissolved
by the President. In both instances, his deputies and cabinet ministers are deemed
resigned but shall remain in office until their successors shall have been duly
appointed.
• The Federal government attends to the social and economic development of the
entire Filipino people as a nation.
• The Philippines is divided into several regional political units called “States”. Each
state is empowered to become self-sufficient, self-reliant and autonomous. There is
a transfer of substantive powers of the national government.
• Each state government collects the national taxes, fees and other charges and
automatically retains its share.
• Secession of any state from the federal government is outlawed and the Federal
government is mandated to keep the Philippine territorial integrity and sovereignty
intact and undivided at all times. 11
The Federal Government Operates Under:

ONE FEDERAL CONSTITUTION ONE FOREIGN POLICY

ONE FLAG
ONE EMBLEM
ONE ARMED FORCES
ONE CENTRAL BANK
ONE NATIONAL GUARD

ONE MONETARY SYSTEM

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 SEAT OF POWER
Metro Manila shall be the Federal
Administrative state similar to Washington
D.C. of USA, New Delhi of India and Kuala
Lumpur of Malaysia.

The seat of powers shall be dispersed. The

Executive Department shall hold office in
the federal Administrative region of Metro
Manila while the Legislative department
shall hold office in Davao City and the
Judiciary in Cebu City. 13
 UNITARY & FEDERAL COUNTRIES
Examples:

It is notable that most stable and progressive countries have federal forms of government.
Source: Wikipedia
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THE NATIONAL TERRITORY
The definition of our National
Territory under the 1987
constitution shall be retained.
However, the New Constitution
should provide all the necessary
protection and assistance to its
citizens claiming ownership over
any piece of land or property
anywhere in the world by virtue
of legal or historic title.
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 PRINCIPLES AND STATE POLICIES
The principles and state policies found in the 1987
Constitution should be adopted in the New Constitution.
BILL OF RIGHTS
The bill of rights provided for under the 1987 Constitution shall be
retained in toto except the imposition of the death penalty.

DEATH PENALTY
The capital punishment maybe imposed in States with the beliefs,
customs and traditions of its constituents allows it to keep peace and
order among themselves and live harmoniously with each other.

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 CITIZENSHIP
The citizens of the Philippines as enumerated under the 1987
Constitution shall be adopted in the New Constitution

SUFFRAGE
The substantive provisions on suffrage under the 1987
Constitution shall be retained in the New Constitution.
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Political Structure of Federal System

Federal
Constitution

State Constitution

Local

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 POWER SHARING
Federal State
(AMONG OTHERS) Shared
(AMONG (AMONG OTHERS)
• JUDICIARY (FEDERAL SUPREME OTHERS) • JUDICIARY (STATE SUPREME AND LOCAL
COURT) • HEALTH COURTS)
• CITIZENSHIP • EDUCATION • CRIMNAL JUSTICE SYSTEM (EXCEPT
• NATIONAL SECURTY • ENVIRONMENT THOSE CASES INVOLVING NATIONAL
• FOREIGN RELATIONS • SOCIAL WELFARE SECURITY)
• ENERGY
• NATIONAL ELECTIONS • PUBLIC UTILITIES
• TOURISM
• PEACE AND ORDER • PEACE AND ORDER
• ENFORCEMENT OF NATIONAL AND STATE
• POLITICAL RIGHTS • LAW ENFORCEMENT LAWS
• INTELLECTUAL PROPERTY RIGHTS • PUBLIC SAFETY AND • SOCIO-ECONOMIC PLANNING AND
• MONETARY SYSTEM NATIONAL DISASTERS DEVELOPMENT
• IMMIGRATION, EMMIGRATION AND • NATIONAL HIGHWAYS • FINANCE
EXTRADITION AND RAILWAYS • INFRASTRUCTURE
• FOREIGN TRADE • CIVIL RIGHTS • ANCESTRAL DOMAIN
• PUBLIC TRANSPORT AND
COMMUNICATION 21
 LEGISLATIVE
The Legislative powers are vested in the
Federal and State Parliaments.
 THE UNICAMERAL FEDERAL PARLIAMENT

 The Members of the Federal parliament are elected by the registered voters in each
congressional district of the country as presently constituted. The term of the members of
the Parliament is five (5) years.
 There shall be sectoral members of the parliament who shall be elected from among the
members of sectors that they seek to represent. The sector shall be the marginalized
sectors such as the labor, youth, women, farmers, OFWs, indigenous peoples and the
elderly. Every sector is entitled to only three (3) members of the parliament and each of
them should come from Luzon, Visayas and Mindanao.
 Each and every member of the parliament shall be holder of at least college degree and
should also possess those qualifications for members of the present Congress of the
Philippines as provided by existing laws.
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 POWERS OF THE FEDERAL PARLIAMENT
Among others, the federal parliament shall have the following powers:

 Enact laws of National application.

 Ratify international treaties entered into by the federal government.
 Approve the budget of the federal government.
 Ratify a declaration of war made by the President.

 Confirm the nomination of Prime Minister and his Deputies.

DISSOLUTION OF THE PARLIAMENT

 The President may dissolve the Federal Parliament when, on his opinion, the people loses
trust and confidence in the members of the Federal Parliament and only upon proper
consultations with the Federal states.
 The President can only dissolve the Federal Parliament one (1) year after or before any
election. He can only dissolve the Federal Parliament once a year.
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 EXECUTIVE
The executive powers are vested in the
President, Prime Minister and the Cabinet.
.
 FEDERAL PRESIDENT AND VICE PRESIDENT
POWERS, DUTIES AND FUNCTIONS OF THE PRESIDENT
 Figure and ceremonial head of the Federal Republic
 Receives heads of states visiting the country.
 Nominates the Prime Minister from among the members of the Federal Parliament subject to
the latter’s confirmation.
 Nominates the Deputy Prime Ministers from among the most qualified Filipino intellectuals to
the Federal Parliament for its confirmation.
 Dissolve the parliament, when on his opinion, the people loses trust and confidence in the
Parliament, and only upon proper consultations with the federal states.
 Declare war against any hostile country subject to the ratification of the parliament.
 Recommend the enactment of necessary laws and the formulation of policies to the
parliament.
 Appoint Ambassadors, Consuls and the Officers of the Arm Forces of the Philippines, National
Guards and the State Police from the ranks of Coronels to Generals for confirmation of the
Federal Parliament.

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 POWERS, DUTIES AND FUNCTIONS OF THE VICE
PRESIDENT
 Acts as presiding officer of the parliament.
 Except the power to dissolve the parliament, exercises the powers and perform the
duties and functions of the president when the latter is outside of the country.
 Exercises the powers and perform the duties and functions of the president when
the latter is physically and mentally unfit as maybe declared by competent authority.
 Conducts consultation meetings in the various states on matters related to the
affairs of the central government in aid of policy formulation

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 PRIME MINISTER AND HIS DEPUTIES
 The Prime Minister is the head of the federal government.
 The Prime Minister shall be assisted by three deputies, one for Luzon, one for
Visayas and one for Mindanao, whom the President shall appoint from among the
highly qualified Filipino intellectuals.
 The Prime Minister serves at the pleasure of the parliament.
 The Prime Minister heads the cabinet ministers.

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 CABINET MEMBERS

 Majority of the cabinet members are chosen by the Prime Minister from among
the members of the parliament.
 Members of the cabinet should be chosen proportionately from the states.

REMOVAL FROM OFFICE OF THE PRIME MINISTER

•The Prime Minister can be removed from office by Two-Thirds vote of “No
Confidence” by the members of parliaments.
•When the President dissolves the parliament.
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 ELECTION OF THE NEW MEMBERS OF THE
PARLIAMENT
Immediately after the dissolution of the parliament, the Commission on Elections shall
set the election of the new members of the parliament not later than ninety (90) days
after the dissolution.

CONTINUED OPERATION OF THE FEDERAL GOVERNMENT

The period of dissolution of the Parliament shall not be more than ninety (90) days.
During the dissolution period, the prime minister, his deputies and cabinet members
shall continue to function as such until their successors shall have been duly
nominated and confirmed or appointed as the case maybe.

The members of the new Parliament as a result of the dissolution shall convene within
fifteen (15) days after the election.
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 JUDICIARY
The judicial powers are vested in one Federal Supreme
Court and in the State Supreme Court
 JUDICIARY
The Federal Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other public
ministers, and consuls.
2. Exercise original jurisdiction over petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus involving issues under federal
laws.
3. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower courts
in:
a. All cases in which the constitutionality or validity of any treaty, international or executive
agreement, federal law, executive issuances, proclamation, order and instruction.
b. All cases involving the legality of any tax, impost, assessment, or toll, as may be imposed by
federal law.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua, life imprisonment or
higher.
e. All cases in which only an error or question of federal law is involved.

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4. Assign temporarily judges of lower courts to other stations as public
interest may require. Such temporary assignment shall not exceed
six (6) months without the consent of the judge concerned.
5. Order a change of venue or place of trial involving federal laws to
avoid a miscarriage of justice.
6. Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts,
the admission to the practice of law and legal assistance to the
underprivileged. Such rules shall provide a simplified, inexpensive
and uniformed procedure for the speedy disposition of cases.
7. Appoint and administer all other officials and employees of the
federal judiciary in accordance with the Civil Service Law.

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 The State Supreme Court shall have the following powers:
1. Exercise original jurisdiction over petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus involving issues about state
laws.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower
courts.
3. Assign temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed six (6) months
without the consent of the judge concerned.
4. Order a change of venue or place of trial involving state laws to avoid a
miscarriage of justice.
5. Appoint and administer all other officials and employees of the state
judiciary in accordance with the Civil Service Law.
6. All decisions of the State Supreme Court are final and executory except those
appealable cases to the Federal Supreme Court.
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 BUDGETARY SUPPORT

The Judiciary shall receive all the necessary budgetary support from the Federal
and State Governments to ensure its independence and integrity. In no case shall
the previous appropriations for the Judiciary shall be reduced in the succeeding
General Appropriations Act.

COMPOSITION OF THE FEDERAL AND STATE SUPREME COURTS

The Federal Supreme Court shall be composed of a Chief Justice and 14 Associate
Justices, while the State Supreme Court shall be composed of a Chief Justice and
6 Associate Justices.

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 QUALIFICATIONS OF THE MEMBERS OF THE
FEDERAL SUPREME COURT AND STATE SUPREME COURTS

a. Natural born citizen of the Philippines

b. Member of the Integrated Bar of the Philippines
c. 40 years of age and above
d. Must have been a Judge or engaged in the practice of law in the Philippines for 15 years
e. Must have good moral character, of known probity and unbridled honesty and integrity

QUALIFICATIONS OF JUDGES

a. Natural born citizen of the Philippines

b. Member of the Integrated Bar of the Philippines
c. 35 years of age and above
d. Must have been in the practice of law in the Philippines for 7 years
e. Must have good moral character, of known probity and unbridled honesty and integrity

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 JUDICIAL BAR COUNCIL
There shall be Judicial Bar Councils in the Federal and the State Supreme
Courts composed of the following:
The Federal Judicial Bar Council and each of the State Bar Councils shall be
composed of 7 members from the Integrated Bar of the Philippines,
Academe, Business, Women, Farmers, Labor and Youth Sectors, all of whom
shall be appointed by the President.

DUTIES AND RESPONSIBILITIES OF THE JUDICIAL BAR COUNCIL

a. Conduct screening of nominees for appointment to the Federal and State
Supreme Courts and to the various lower courts
b. Nominate to the President at least three names for each vacant position
in the Supreme Courts and the lower courts.

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 SPECIAL COURTS
All Special Courts shall remain as provided for in the 1987
Constitution.

ADMINISTRATIVE SUPERVISION
The Federal Supreme Court and the State Supreme Court shall have
administrative supervision over all Lower Courts under them.
They appoint their staff and personnel subject to the Civil Service
rules and regulations.

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 CONSTITUTIONAL COMMISSIONS
The Civil Service Commission, Commission on
Elections, Commission on Audit and the Human
Rights Commission in the 1987 Constitution
shall be retained in the New Constitution.
The Human Rights Commission shall now have
the power to initiate prosecution against
the offenders.

The new constitution should so consider the

rights of the victims of the violators of human
rights including the social and economic
protection and assistance for the victims of
human rights violators and for their
dependents. 39
THE FEDERAL STATES

There shall be as many federal states as there

are regions in the Philippines considering
that the regions as presently constituted are
culturally, environmentally and politically
distinct from each other.
The provinces of Sulu, Basilan and Tawi-tawi
shall be considered as one State.
Autonomous region may be created within
the State in the interest of national peace.

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 STATE PARLIAMENT

 There shall be parliament in every state (region) whose members are elected by
the registered voters of every congressional district except the sectoral members
who shall be elected by the members of the sectors which they seek to represent.
 Every congressional district shall have three (3) members in every state
parliament.
 The term of the members of the state parliament shall be five (5) years and shall
be limited to one re-election.
 The qualifications of the members of the state parliament shall be the same with
those of the Federal Parliament. 41
 STATE CHIEF MINISTER, DEPUTIES AND STATE MINISTERS

 There shall be Chief Minister, who is the head government in every state, is elected from among
the members of the state parliament.
 The Chief Minister shall be assisted by at least two deputies whom he appoints from highly
qualified Filipino intellectuals in the state.
 Majority of the state cabinet ministers shall be members of the state parliament.

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 DUTIES AND RESPONSIBILITIES OF THE STATE GOVERNMENT
Among others, the state government looks after the following:
 Social, economic, cultural and political well-being of its constituents.
 Maintenance of peace and order.
 Enforcement of national and state laws.
 Development of the local government units.
 Regional competitiveness.
LOCAL GOVERNMENT UNITS (LGUs)
Federalism allows states to exercise the right to self-determination and self-
governance. The officials and structures of the local government as presently
constituted shall be the same in the New Constitution. However, it is proposed that the
structure as much as possible and the election of the officials of the state government
should be adopted down to the local government units to finally put to rest the culture
of vote-buying, terrorism and intimidation.
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 TERM OF OFFICE
The term of office of the local elective official shall be five
(5) years with re-election.

QUALIFICATIONS OF LOCAL ELECTIVE OFFICIALS :

Barangay level – able to read and write. Natural born citizen of

the Philippines.
Municipal level- completed at least second year college. Natural
born citizen of the Philippines.

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 TAXES SHARING
SHARING OF NATIONAL TAXES SHARING OF 80% STATES & LGUs
20%
80% 20%

80%
20%

20% 80%
75%
80%

COLLECTION OF TAXES AND SHARING OF REVENUES FOR

DEVELOPMENT
In the present system of government, local government units collect real estate
taxes and business permit fees.
In Federalism, they can collect national taxes except custom duties, fees and other
charges. The LGUs shall retain their share of the revenues.
The LGUs spend their taxes and revenues for their own projects and programs.
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 EQUALIZATION FUND

There shall be an equalization fund to provide financial support to the

marginalized states to assist in the acceleration of their development.

The funds shall be taken from the top five affluent (5) states of the country in
terms of revenues.

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 ACCOUNTABILITY OF PUBLIC OFFICERS
The provisions of the 1987 Constitution concerning the accountability of public
officers shall be adopted in the New Constitution.

NATIONAL ECONOMY AND PATRIMONY

The provisions of the 1987 constitution relative to National Economy and patrimony
shall be adopted. However, our proposal should be to adopt a “balanced agro-
industrial and Export Oriented economy. Our economic system is capitalism with
strong social responsibility. Our national patrimony should never be the subject of
the commerce of man.
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 OTHER PROVISIONS
The provision of the 1987 constitution regarding Agrarian and Natural
Resources Reform, Urban Land Reform and Housing, Health, Women, Role
and Rights of people’s organizations, Education, Science and technology,
Arts, Culture and Sports, Language, Family, should be adopted.

GENERAL PROVISIONS
The general provision in the 1987 Constitution shall be retained in the New
Constitution.

AMENDMENT
The modes of amending or revising the Constitution shall be the same with
those in the 1987 Constitution.

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 REDRESSING THE CENTURIES-OLD GRIEVANCES
The proposed Federal-parliamentary system of government will certainly provide just and lasting redress
to the grievances of the powerless and the neglected regions of our country and the various sectors of
our society.
By federalizing the Philippine Republic, the states (regions) will be able to address the development
needs of their component local government units and, above all, its respective constituents.
The state government shall run its affairs according to the customs and traditions of its people, subject
to democratic process.

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THANK YOU!!!

DILG
MRRD – NECC PENAMFED
FRAMEWORK on the CONSTITUTIONAL
REVISION