Presidential Adviser on Legislative Affairs Adelino B. Sitoy has drafted his own version of federal parliament in the Philippines as an alternative proposal to that of former Senate President Aquilino Q. Pimentel Jr.
The Presidential Legislative Liaison Office (PLLO) that Sitoy heads, has been undertaking its information drive on the principles of the fundamentals of federalism.
“I have my personal advocacy, this is not of the PLLO,” Sitoy said.
For the federal parliament, Sitoy’s proposal prescribes that a state must have a population of 1 million to 1.5 million to be entitled to one senator or federal parliamentarian. If the required population is exceeded by not less than 750,000, the state will be entitled to an additional federal parliamentarian.
For the state parliament, an area with a population of 250,000 is entitled to one state parliamentarian, and an excess population of 125,000 or more entitles it to another state parliamentarian
Instead of 12, as proposed by Pimentel, Sitoy proposed 45 federal states with 67 senators to compose the unicameral body known as the Federal Parliament.
The senators will be exclusively elected at large by every state. The Parliament will be headed by a prime minister elected by the federal parliamentarians upon the nomination by its party.
Sitoy proposed that a two-party system be institutionalized and strictly observed. No crossing of party lines is allowed among elected officials, unless they are ousted from their own party. Turncoatism is penalized.
Each federal state shall consist of cities and towns that shall remain within their respective boundaries. Highly urbanized and component cities shall be known as cities only.
The cities and the towns shall commonly elect state parliamentarians, proportioned at 250,000 population per parliamentarian. The state shall be headed by a governor, with the vice governor automatically elected upon the governor’s election.
Every town and city is headed by an elected mayor, whose vice mayor goes with the mayor’s election. Every barangay is headed by a barangay captain. Each barangay council is composed of eight councilors.
Each party shall put up its candidates for governor, vice governor, mayor, vice mayor, barangay captain and councilors. No direct election is allowed. The party that succeeds to elect the majority of its state parliamentarians shall be entitled to the governorship and vice governorship. The party electing the majority of its barangay councilors shall be entitled to its barangay captain. The party electing the majority of the barangay captains shall have its mayor and vice mayor. The barangay captains shall constitute the city council or municipal council.
“In short, there is no more Sangguniang Panlalawigan and City Council/ Sangguinang Panlungsod and Municipal Council/Sangguniang Bayan directly elected by the people,” Sitoy said.
Relationships up to the fourth degree of consanguinity or affinity between governors and vice governors, mayors and vice mayors are banned.
“But there is no term limit among elected officials,” he said.
Sitoy also proposed that the Barangay system of justice be strengthened. In effect, 42,000 barangay courts can be created. Barangays shall be entitled to barangay courts with sufficient powers and authority to hear, settle and decide cases arising from the barangay. Settlement of the controversy is the goal. Each barangay court shall be assisted by members of the Integrated Bar of the Philippines to be assigned thereto by the Executive judge with compensation.
Each state shall have only four kinds of courts: a)The Barangay Courts b)The Pre-trial Courts; c)The Trial Courts; and d)The Court of Appeals of nine justices (in three divisions), which is the state’s Supreme Court. All pretrial incidents shall be handled by the Pre-trial Courts, including the completion of pleadings, the resolution of incidents, and the definition of issues. Trial Courts shall only handle trials that shall be terminated soonest.
“Trial judges should know the language of the place of their assignment. The courts and the parties shall record the proceedings separately. No translation of testimony is allowed in open court,” Sitoy said.
The highest court of the State is the State Court of Appeals, whose decision on questions of fact and law shall be final, except on constitutional issues that are appealable to the Federal Supreme Court composed of fifteen justices (in five Divisions).