The Legislative and Executive departments have started the process of changing the form of government to a federal system from a unitary one through a constitutional overhaul.
Leaders of the government said they are pushing for constitutional reform, as it is a definitive pedestal for them to finally address the deeply rooted problems besetting the country, such as poverty, inequality and corruption, among others.
In fact, changing the form of government was President Duterte’s battle cry way back during his campaign for the 2016 elections.
There are already two measures filed, both seeking to change the 1987 Constitution.
The Resolution of Both Houses No. 8 filed by Deputy Minority Leader Party-list Rep. Eugene Michael B. De Vera of Arts and Business Science Professionals and Rep. Aurelio Gonzales Jr. of Pampanga—already published by the BusinessMirror—and the proposed Constitution of the Federal Republic of the Philippines of the PDP-Laban Federalism Institute.
The House Committee on Constitutional Amendments has already created four technical working groups (TWG), composed of its members, who will draft the new Philippine Federal Constitution.
The TWG is expected to consolidate the Resolution of Both Houses No. 8 and the proposed changes of the PDP-Laban Federalism Institute submitted by Executive Director Jonathan E. Malaya and Local Government Development Foundation Executive Director Edmund S. Tayao.
Each of the four groups will handle specific areas to be covered in the drafting of the new Federal Constitution.
Words of caution
However, local and foreign experts, during a recent Philippine Institute for Development Studies (PIDS) forum, said the Duterte administration’s plan to implement a federal government before 2022 is getting dimmer, especially with numerous financial and political considerations.
In a recent BusinessMirror report, PIDS senior research fellow Rosario G. Manasan said the government needs to seriously consider the structure of a federal government because it will entail public funds.
Manasan said shifting to a federal form of government will involve adding to the current legislature a low of 812 new lawmakers and their staff, to as high as 2,830 public officials and workers.
This, she said, carries a price tag of about P30 billion to P59 billion every year.
Australian National University Prof. Paul Hotchcroft said federalism will entail the addition of 10 to 12 agencies or offices, depending on the number of states, adding that expanding government line agencies means not only costs, but also requires additional manpower in each state.
PDP-Laban proposal
Under the proposal of the PDP-Laban Federalism Institute, the Philippines will be a democratic Federal Republic.
As a Federal Republic, the proposal added, the regional autonomy shall be recognized within the frame of national unity and the Constitution.
It also said the civilian authority is, at all times, supreme over the military. The government of the Philippines is the protection of the people and the State. The goal of the Armed Forces is to secure the sovereignty of the Federal Republic and the integrity of the national territory.
Federal executive department
The proposal said the President shall be the head of the Federal Republic of the Philippines.
It added that no person may be elected president unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least 45 years of age on the day of the election, a resident of the Philippines for at least 10 years immediately preceding such election, and nominated by at least 20 percent of all the members of the Federal Assembly.
It said the President shall be elected by direct vote of the people for a term of five years. No person shall serve as president for more than two consecutive terms.
The proposal added that a person who has served as president for two consecutive terms shall not be eligible to be a candidate in any election for any elective position.
The President shall nominate and appoint, with the concurrence of the Senate, heads of the executive departments in foreign affairs and national defense, ambassadors, consuls, or officers of the Armed Forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in the Constitution.
Except for the appointive power vested in the Constitution, the measure said all appointive powers exercised by the President in the 1987 Constitution and existing laws are deemed amended and vested on the prime minister.
It said the President shall have direct and primary control of the executive departments, bureaus and offices involving foreign affairs and national defense, and he shall attend Cabinet meetings. He has the authority over the prime minister and the Cabinet with regard to the areas where he has been vested primary control by the Constitution.
The proposal added the President shall be the Commander-in-Chief of all armed forces of the Philippines, and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.
The measure said the prime minister may contract or guarantee foreign loans on behalf of the republic, with the prior concurrence of the Monetary Board and subject to such limitations as maybe provided for by law.
Also, the President has the power to negotiate and sign treaties in consultation with the prime minister.
“The President shall have the power to appoint members of the Supreme Court, constitutional commissions, Court of Appeals, Sandiganbayan, Ombudsman and others members of the judiciary,” the proposal read.
It also said the President and the prime minister shall be immune from suit during their tenure.
The PDP-Laban’s proposal said upon every election for all the members of the Federal Assembly or upon the dismissal, death, resignation, inability or disqualification of the prime minister, the President shall without delay nominate an incumbent member of the Federal Assembly for the position of the prime minister.
The Federal Legislature
Meanwhile, the measure said the legislative power shall be vested upon the parliament of the Federal Republic of the Philippines, which shall consist of two houses, the Federal Assembly, as the national legislative department, and the Senate, as the legislative body representatives of the regions, except to the extent reserved to the people by the provision on initiative and referendum.
It said each region shall have three seats in the Senate. The senators receiving the three highest number of direct votes by registered voters in a region shall represent their region in the Senate.
The term of office of the senators shall be five years and shall commence, unless otherwise provided by law, at noon on the 30th of June following their election. No senator shall serve for more than two consecutive terms.
On the other hand, the Federal Assembly shall be composed of not more than 400 members, unless otherwise provided for by law.
Also, the measure provides that 60 percent of the members of the Federal Assembly shall be elected by plurality votes. Each legislative electoral district shall have one seat in the Federal Assembly.
The proposal said the remaining 40 percent of the members of the Federal Assembly shall be elected by proportional representation by region, where the registered voters within each region shall be allowed to cast a vote for a political party with a closed list of nominees.
Like in the Senate, the members of the Federal Assembly shall be elected for a term of five years, which shall begin, unless otherwise provided for by law, at noon on the 30th of June following their election. No member of the Federal Assembly shall serve for more than two consecutive terms.
Unless otherwise provided by law, the proposal said the regular election of the members of the Federal Assembly and senators shall be held on the second Monday of May.
The Federal Assembly shall be vested with primary legislative power. Every bill shall be initiated and passed by the Federal Assembly.
The proposal added that all appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application and private bills shall originate exclusively from the Federal Assembly.
The parliament may not increase the appropriations recommended by the prime minister for the operation of the Federal government, as specified in the budget. The form, content and manner of preparation of the budget shall be prescribed by law.
Also, the rule of taxation shall be uniform and equitable. The Federal Assembly shall evolve a progressive system of taxation.
The parliament may, by law, authorize the prime minister to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the government.
Also, the Federal Assembly may express a vote of no confidence on the incumbent prime minister through a majority of vote of all its members and a motion requesting the President to dismiss the prime minister.
The President shall then dismiss the incumbent prime minister and appoint a new prime minister in accordance with the Constitution, the proposal said.
The measure, however, provides that the prime minister may advise the President in writing to dissolve the Federal Assembly based on a vote of no confidence on the government by majority of all the members of the Federal Assembly, in which case, the President shall dissolve the assembly and call for new election for the positions of the members of the assembly.
Federal Judiciary
Like in the 1987 Constitution, the proposed new charter said the judicial power shall be vested upon one Supreme Court (SC) and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights, which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.
The SC shall have administrative supervision over all courts and the personnel thereof, said the proposal of the PDP-Laban.
It added that the SC shall assign a division of the Court of Appeals to hold permanently in every region while the divisions of the intermediate appellate court shall only take cognizance of the cases arising from within the territorial boundaries of the region to which these are assigned.
The proposal, however, also repealed the provision in the current charter creating the Judicial and Bar Council.
It said the members of the SC and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared after appropriate public hearings by the Integrated Bar of the Philippines and approved by the Senate pursuant to its rules.
Meanwhile, the Constitutional Commissions, which shall be independent, are the Federal Civil Service Commission, the Federal Commission on Elections, and the Federal Commission on Audit.
Regional and local governments
Under the proposal, the territorial and political subdivisions of the Philippines are regions and autonomous regions created by organic act and ratified under a plebiscite by virtue of the 1987 Constitution; provinces, cities and municipalities.
It said the territorial and political subdivisions shall enjoy regional and local autonomy.
However, the Federal government, through the prime minister, shall exercise general supervision to ensure that the laws are faithfully executed.
It added the regional government shall have just share, as determined by federal law, in the national federal taxes and revenues which shall be automatically released to them.
In addition, specific national taxes collected within the territorial jurisdiction of each region shall be retained and shall accrue exclusively to the regional government.
Under the proposal, the local government shall have just share, as determined by federal law, in the federal taxes and revenues, which shall be automatically released to them.
It added there shall be created regions of the Federal Republic each consisting of provinces, cities, municipalities and barangays, as well as geographical areas with sufficient territories, inhabitants and resources necessary to sustain and promote a stable and efficient regional government, sharing common and distinctive historical and cultural heritage, economic and social structures, or other relevant characteristics within the framework of this Constitution, national sovereignty, as well as territorial integrity of the republic.
The Bangsamoro and Cordillera shall immediately qualify as regions.
It added that there shall be a plebiscite for the approval of regional units and territories simultaneous with the plebiscite ratifying the proposed amendments to the Constitution.
It also said the federal government shall gradually devolve and decentralize funding, functions and responsibilities in accordance with the financial and organizational capacity of the regions.
Five years after the creation of the region, the measure said each region may opt for an organic act to be enacted by parliament in order to form a regional government with elective legislative and executive departments.
It said the creation of the regions shall not signify the establishment of a distinct sovereignty and the regions shall remain integral of the Federal Republic.
National economy
Meanwhile, the State shall regulate and exercise the authority over foreign investment within its national jurisdiction and in accordance with its national goals.
The proposal said the State shall pursue a trade policy that enhances Filipino competitiveness and serves the public interest, with due regard for equity and reciprocity.
“In times of national emergency, the State may, when the public interest so requires, and under reasonable terms prescribed by it, temporarily direct or take over the operation of any privately owned public utility or business,” the proposal of the PDP-Laban’s institute said.
Also, the proposal said the State shall enhance economic efficiency and promote free competition in trade, industry and commercial activities. No anticompetitive agreement or abuse of dominant position shall be allowed.
Unless parliament otherwise provides, the Bangko Sentral ng Pilipinas, operating under existing laws, shall function as the central monetary authority.
Image credits: AP/Bullit Marquez