The Proposed Shift in the form of government from a Unitary to Federal system

I. Rationale

The difference between a unitary and a federal government is that a unitary government

puts its power in one central government while in a federal system the governing power is

divided into federal and local governing bodies that connect to the national government.

Difference between Federal and Unitary form of government

Federal Unitary

1. Powers are distributed between the 1. All powers are concentrated in one

central and state government. central authority.

2. There is an independent judiciary to 2. There is no such mechanism in unitary

resolve conflicts between the center and government.

the state.

3. In this government citizens have to 3. In this government unitary system of

obey two sets of laws. law prevails.

4. In a federal government the constitution 5. In a unitary form of government the

is the outcome of an agreement and it constitution is not the outcome of an

can only be amended by a special agreement and can be changed by its

procedure. own supreme authority.

6. In a federal form of government there 5. A unitary government has a supreme

are separate legislatures at the central central legislature.

and state levels.

7. There is a fear of separation in federal 6. There is a promotion of national

 government. integration.

8. There is no stability in this type of 7. Government is stable.

government.

9. There constitution is rigid because there 8. There constitution is flexible.

is no room for amendment.

10. Their territory is united in diversity. 9. Their territory is not diverse.

11. This government is democratic. 10. This government is non- democratic in

nature.

12. There is political awareness in this 11. There is no political awareness.

government.

13. A federal government must have a 14. A unitary government may or may not

written constitution. have a written constitution.

15. A special judiciary with wide powers 16. There is no need of having a special

must be needed. judiciary with wide powers of judicial

veto in a unitary government.

Federalism is a form of government where sovereignty is constitutionally shared between

a central governing authority and constituent political units called states or regions. It will break

the country into autonomous regions with a national government focused only on interest with

nationwide bearing: foreign policy and defense.

Presently we have a unitary form of government. Most administrative powers and

resources are with the national government based in Metro Manila. It’s Malacanang that decides

how much to give local government units. The process is prone to abuse, with governors and
mayors sometimes having to beg Malacanang for projects they believe their communities need.

This was the case in the aftermath of Typhoon Yolanda’s destruction of Eastern Visayas. The

then Mayor of Tacloban, Leyte Alfred Romualdez deplored the slow or absence of assistance

from Malacanang in providing assistance to the stricken region on the account his family is

associated with the Marcoses who are the enemies of the Cojuangco-Aquino clan. In another

scenario, given the regionalistic tendencies of who sits in Malacanang, they tend to prioritize the

development of their home region or province over the others.

The other glaring example for need of federalism is the situation in Mindanao. Mindanao

is perhaps the least developed region in the country. Its residents feel marginalized by the leaders

in Manila whom they feel are micromanaging them with no idea of the real situation which is

exacerbated by the ongoing conflict between the government and the secessionist movements

plus the communist insurgency and terrorist groups.

Provinces are poorly developed. The NCR is pretty much the center of everything in the

Philippines. It is the reason why all major trade and commerce takes place here and people from

the provinces go to the NCR for higher education and/or work because none of those are

available back home. It also created stereotyping of the “promdi” or “probinsyano” as

economically and socially backward as the result of having no development.

II. Discussion

There are advantages and disadvantages in instituting federalism in the Philippines.

Advantages of Federalism

a. Promotes specialization. The national and state governments can specialize in different

policy domains. With most administrative powers now with the regional governments,
 the national government can focus on foreign policy, defense, and other nationwide

concerns, like healthcare and taxation.

State have more autonomy to focus on economic development using their core

competencies and industries. The state of Central Luzon can focus on becoming an

agricultural hub.

b. Possible solution to the Mindanao conflict. The creation of the state of Bangsamoro

within a federalist system may address concerns of separatists who crave more autonomy

over the administration of Muslim Mindanao.

c. Decongestion of Metro Manila. Through fiscal autonomy for state governments,

federalism will more evenly distribute the country’s wealth. In 2015, 35% of the national

budget went to Metro Manila even if it represents only 14% of the Philippine population.

d. Lessens dependence on Metro Manila. When there is political upheaval in Metro Manila,

other regions that have nothing to do with the chain of events are left waiting for the

resources that only the national government can release. With federalism, regions work

independently of Metro Manila for most.

e. Brings government closer to the people. If detractors say federalism will only make local

political dynasties more powerful, supporters give the argument that, in fact, it will make

all local leaders, including those part of political dynasties, more accountable to their

constituents. State governments will no longer have any excuse for delays in services or

projects that, in the present situation, are often blamed on chocking bureaucracy in

Manila.

f. Encourage competition. With states now more self-reliant and in control of their

development, they will judge themselves relative to how their fellow states are
 progressing. The competitive spirit will hopefully motivate state leaders and citizens to

level up in terms of quality of life, economic development, progressive policies, and

governance.

Disadvantages of Federalism

a. Possibly divisive. Healthy competition among states can become alienating-creating

rivalries and promoting the regionalism that some say already challenges the sense of

unity is the country. It could enflame hostilities between ethnic groups in the country like

Tagalogs, Cebuanos, Bicolanos, Ilocanos, Tausugs, and Zamboanguenos.

b. Uneven development among states. Some states may not be as ready for autonomy as

others. Some states may not be as rich in natural resources or skilled labor as others.

States with good leaders will progress faster while states with ineffective ones will

degrade more than ever because national government will not be there to balance them

out.

But in some federal countries, the national government doles out funds to help poorer

states. A proposed Equalization Fund will use a portion of tax from rich states to be given

to poorer states.

c. Confusing overlaps in jurisdiction. Where does the responsibility of state governments

end and where does the responsibility of the national government begin? Unless there are

very clearly stated in the amended Constitution, ambiguities may arise, leading conflict

and confusion. For instance, in times of disaster, what is the division of responsibilities

between state and national governments?

d. May not satisfy separatists in Mindanao. Separatists are calling for their own country, not

just a state that still belongs to a larger federal Philippines. Federalism may not be enough
 for them. After all, the conflicts continue despite the creation of the Autonomous Region

in Muslim Mindanao.

III. Reaction

I believe that federalism in the Philippines is a form of government offers the best way of

bringing together our fractured society, and is the most promising solution for solving the

problems that plague the nation.

Changing our form of government from the unitary system of government to the

federalist form of government could bring peace in Mindanao. The creation of Bangsamoro

Juridical Entity (BJE) wherein the entire Muslim-Palawan-Sulu geographical territory will be

ceded to the Moro Islamic Liberation Front – an establishment thereof of a separate and distinct

Republic of the Philippines. The BJE will be “a state within a state” this is unconstitutional

because our present Constitution does not recognized the creation of such entity. Making it

constitutional entails the revision of the 1987 Constitution – the changing of the form of

government from unitary to federalism. Therewith, the Philippine form of government has to be

shifted from unitary to federalism.

The change of the structure of government in Philippines to a federal system is

appropriate to the present social scenario in the country. Federal system is better than the present

unitary system. Federal system would hasten the economic development among various regions

of the country by allocating power which at present is concentrated in the central government to

the regions that will be converted to federal states. With more power, authority and resources

managed by the leaders in the States and their local governments which will be more visible and

accessible to the people all over the country, the people will be more aware of the importance of

electing good leaders."

 Federalism is indeed need for the country. Federalism would ensure better accountability,

for elected officials are closer to their district and will better represent their interest. It can spur

economic growth as states determine ways that is applicable to local resources and strengths.

Finally, a federal government can ensure social and cultural development, as regional aspirations

and cultures can be protected and develop while still ensuring national unity.

IV. Recommendation

In the preparation for a federal system in the country, the national government must start

to be more decentralized. By allowing the local governments (and later on, states) to be self-

reliant, local leaders will be trained on the different roles they will have to fulfill in a new,

federal set-up capability-building, and not just mere changes in structure is needed for the local

governments to function effectively. They must also be oriented to respond to community needs.

Further, 1987 Constitution should be amended in order to adopt a federal system of

government. Under the prevailing Constitution, there are two ways by which it could be

modified, amended or repealed: (1) the Congress of the Philippines may be convened as a

constituent assembly with the approval of the people to draft the amendments to the Constitution

for the ratification of the people. (2) A constitutional convention or a constitutional commission

may be convened to draft the necessary amendment to the Constitution so as to convert the

system of government from a unitary to a federal form, subject to the approval of the people.

The amendments of the constitution in order to convert the form of government to a

federal system should also include what functions should be the responsibility of the federal

government and what functions should be settled between the federal and the state governments.

Applying the principle of residual powers could settled these questions, wherein all functions not

assigned to the state government will be considered as functions to be exercised by federal

government or functions are not assigned to either, such functions are rendered to be the

responsibility of the state government.

In addition, amendment of the Constitution should establish a state of governments and

defining their respective territorial jurisdictions and each state shall have a complete government

structure of its own like each state will have its executive, legislative and judicial branches.

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