Power to the People. Power to the Regions.

BAYANIHAN
FEDERALISM
Draft Constitution for a permanent,
indissoluble Federal Republic
 Why change the Constitution?

The 1987 Constitution

 Better than previous constitutions

 It has lofty features that must be retained

 But the times have changed after one

generation
 Why change the Constitution?

The 1987 Constitution

 The unitary system has failed to address most of

the nation’s problems due to overconcentration of
powers in the national government
o Lack of development in most regions
especially in Mindanao
o Concentration of development in Metro
Manila, Calabarzon and Central Luzon
o Poverty across the regions
 Power to the People, Power to the Regions

Region Poverty GDP Region Poverty GDP

Rate Share Zamboanga 30.9 2.03
Metro Manila 4.5 37.02 Peninsula
Cordillera 22.6 1.82 N. Mindanao 34.9 3.84
Ilocos 17.2 3.09 Davao Region 20.5 4.11
Cagayan Valley 16.5 1.85 SOCCSKSARGEN 37.4 2.78
Central Luzon 13.0 9.08 CARAGA 35.3 1.23
CALABARZON 10.4 15.94 ARMM 53.4 0.84
MIMAROPA 22.0 1.68 NCR, CALABARZON AND
Bicol 30.9 2.09 CENTRAL LUZON
W. Visayas 24.2 3.98 62.04% OF GDP
REGIONS WITH LOW GDP
Central Visayas 27.0 6.58
SHARE HAVE HIGHER
Eastern Visayas 39.3 2.05 POVERTY RATES
 Why change the Constitution?

 The unitary system has failed to address most of the

nation’s problems due to overconcentration of powers in
the national government
o Threats of secession in Mindanao
o Monopoly of political power by political dynasties
o Monopoly of economic power by business oligarchs
o Unbridled graft and corruption
o Undemocratic election and political party system
o Slow system of justice
o People’s sovereignty only on paper
o Non-representation and under-representation in the political
bodies, especially in the Senate
 Design of the Draft Constitution

 The essence of Federalism is

NON-CENTRALIZATION of powers

 Governmental powers, resources, determination

of policies, programs, projects are properly
distributed between the Federal Government and
the Federated Regions in the Constitution itself
 Design of the Draft Constitution

 Design is Bayanihan Federalism where the Federal Government is

strong to hold the nation together and where the Regions are viable
and sustainable
o Adopts a Federal-Presidential system
o Adopts a more representative legislature
o Adopts four High Courts
o Strengthens constitutional commissions
o Establishes 16 Federated Regions, and the Bangsamoro and
Cordillera Regions, and their governments
o Gives exclusive powers, including power to tax
o Makes a more effective exercise of people’s initiative to
enact, amend or repeal laws, and to amend or revise the
Constitution
o Ensures a permanent, indissoluble nation
 Design of the Draft Constitution

Structure of Federal Government

 Judiciary (Article IX)
o Jurisdiction
 Federal Supreme Court (Sec. 6-10)
• To decide conflicts between the branches and agencies
of the Federal Government
• To decide conflicts between the Federal Government
and the Federated Regions and conflicts between and
among the Regions
• Certiorari, Prohibition, Mandamus, Quo Warranto,
Question of law, jurisdiction of lower courts
 Federal Constitutional Court (Sec. 11-12)
• To decide disputes involving constitutionality of laws
and acts of the Executive, including those of the
 Design of the Draft Constitution

Structure of Federal Government

 Judiciary (Article IX)
o Jurisdiction

 Federal Constitutional Court (Sec. 11-12)

• To decide disputes involving constitutionality of laws

and acts of the Executive, including those of the
Federated Regions
• Habeas Corpus, writ of amparo, writ of habeas data and
writ of kalikasan;
• Advisory opinion to the President, Congress, Chairman
of the Federal Comelec
 Design of the Draft Constitution

Structure of Federal Government

 Judiciary (Article IX)

Jurisdiction
 Federal Administrative Court (Sec. 13-15)
• To decide with finality cases resolved by quasi-
judicial bodies i.e Civil Service, Ombudsman,
COA, Human Rights, Competition
Commissions
 Federal Electoral Court (Sec. 16-18)
• To decide electoral contests involving the
President, Vice President, and Members of
Congress, Elected Regional and Local Officials
 Design of the Draft Constitution

Structure of Federal Government

 Judiciary (Article IX)

o Appointment of Members of the Four High Courts

(Sec. 6, 9, 13, 16)
 One-third, including the Chief of each High Court
to be appointed by the President
 One-third to be appointed by Commission on
Appointments
 One-third to be appointed by one of the High
Courts as the case may be
 Design of the Draft Constitution

Structure of Federal Government

 Judiciary (Article IX)

o Imposes deadlines for the speedy resolution of cases (Sec. 26)

 Two years from filing of the petition on the part of the
High Courts
 One year from filing of the petition on the part of
collegiate courts
 Three months from submission of the case for decision on
the part of trial courts

o Strengthens the institutional independence of the judiciary

(Sec. 3, 4, 5)
 Design of the Draft Constitution

Structure of Federal Government

 Judiciary (Article IX)

o Establishes a strong Judicial Appointments and Disciplinary

Council by including the following as ex-officio members
(Sec. 19-23):
• The Chief Justices of the four High Courts
• Chairpersons of the Ombudsman Commission, Civil
Service Commission, and Commission on Audit
• A representative each from the Senate and the House of
Representatives
• The Secretary of Justice
• The Administrator of the Supreme Court
 Design of the Draft Constitution

Structure of the Federal Government

 Stronger and more effective Constitutional Commissions
(Article X)
o Establishes two new Constitutional Commissions
 Commission on Human Rights (E: Sec. 1-3)
 Competition Commission (G: Sec. 1-5)
o Strengthens the existing commissions
 Ombudsman made commission-type body
(F: Sec. 1-12)
 Civil Service Commission and Commission on Audit given
more powers (B: Sec. 1-14;
D: Sec. 1-5) )
 Comelec to focus on administering elections
(C: Sec. 1-9
 Bayanihan Federalism
 Distribution of Powers
Government Powers classified into:
 Exclusive Powers
 Shared Powers
 Reserved Powers

o More powers to Federal Government to ensure strong

center
o Reserved Powers given to the Federal Government
 Bayanihan Federalism
 Distribution of Powers
The Federal Government shall have exclusive power over:
(Sec. 1, Art. XII)
 Defense, security of land, sea, and air territory;
 Foreign affairs;
 International trade;
 Customs and tariffs;
 Citizenship, immigration and naturalization;
 National socio-economic planning;
 Monetary policy and federal fiscal policy, banking, currency;
 Competition and competition regulation bodies;
 Bayanihan Federalism
 Distribution of Powers
The Federal Government shall have exclusive power over:
(Sec. 1, Art. XII)

 Inter-regional infrastructure and public utilities, including

telecommunications and broadband networks;
 Postal service;
 Time regulation, standards of weights and measures;
 Promotion and protection of human rights;
 Basic education;
 Science and technology;
 Regulation and licensing of professions;
 Bayanihan Federalism
 Distribution of Powers
The Federal Government shall have exclusive power over:
(Sec. 1, Art. XII)

 Social security benefits;

 Federal crimes and justice system;
 Law and order;
 Civil, family, property, and commercial laws, except as may be
otherwise provided for in the Constitution;
 Prosecution of graft and corruption cases;
 Intellectual property; and
 Elections
 Bayanihan Federalism
 Distribution of Powers
Within their regional territory, the Federated Region shall have
exclusive power over: (Sec. 2, Art. XII)

 Socio-economic development planning (REDA)

 Creation of sources of revenue;
 Financial administration and management;
 Tourism, investment, and trade development;
 Infrastructure, public utilities and public works;
 Economic zones;
 Land use and housing;
 Justice system;
 Local government units;
 Bayanihan Federalism
 Distribution of Powers
Within their regional territory, the Federated Region
shall have exclusive power over:
(Sec. 2, Art. XII)

 Business permits and licenses;

 Municipal waters;
 Indigenous peoples’ rights and welfare;
 Culture and language development;
 Sports development; and
 Parks and recreation.
 Bayanihan Federalism
 Distribution of Powers
o Shared Powers (Sec. 4, Art. XII)

 Powers not exclusively given to either the

Federal Government or the Federated Regions
They fall within the relative competencies of the
Federal Government and the Regional
Government can be exercised jointly or
separately.
 In case of dispute or conflict in their exercise,
Federal power shall prevail.
 Bayanihan Federalism
 Some Shared Powers

 I. Specific Shared Powers

• Risk Reduction, response to calamities (Sec. 8 Art XIX);
• Natural Resources (Sec. 4, Art. XV);
• Land use (Sec. 8, ART. XV);
• Land Reform (Sec10, Art. XV);
II. Other Shared Powers;
• Agriculture;
• Health;
• Social Welfare;
• Fishery;
• Power Generation and Distribution;
 Bayanihan Federalism

II. Other Shared Powers;

• Higher Education/Voc. Tech.
• Agriculture;
• Health;
• Infectious Disease;
• Social Welfare;
• Fishery;
• Power Generation and Distribution;
• Cooperatives;
• Poverty Alleviation;
• Women, Youth, Erderly, Differently Abled;
• Waste management;
• Others not falling within the exclusive powers of
 Bayanihan Federalism
 Distribution of Powers
o Reserved Powers (Sec. 5, Art. XII)

 Powers which are not exclusively given to

the Federal Government or the Federated
Regions nor shared by them and not
prohibited by the Constitution are reserved
powers shall be vested in the Federal
Governmen.
 Bayanihan Federalism

Sources of Revenue of the Federated Regions

 Taxation Power and Policy

o Federal Government has power to levy and collect all
taxes, duties, fees, charges and other impositions
except those granted to the Federated Regions (Sec. 1,
Art. XIII)
o The Federal Government and Federated Regions shall
ensure that taxation shall be UNIFORM,
EQUITABLE, and PROGRESSIVE. (Sec. 3, Art.
XIII)
o NO DOUBLE TAXATION SHALL BE
ALLOWED (Sec. 3, Art. XIII)
 Bayanihan Federalism

Sources of Revenue of the Federated Regions

 Given the power to collect the following: (Sec. 2, Art.
XIII)
o Donor’s, Documentary stamp, Estate taxes
o Real property tax (LGU’s)
o Professional tax (LGU’s)
o Franchise tax
o Games and amusement tax (LGU’s
o Environmental, pollution and similar taxes
o Road users tax
o Vehicle registration fee
o Transport franchise fees
o Local taxes (Shared with LGU’s)
o Other taxes which may be granted by federal law
 Bayanihan Federalism

Sources of Revenue of the Federated Regions

o Shall be given a share of not less than 50 percent of
all revenue from the following: (Sec. 4, Art. XIII)
• Income taxes
• Excise taxes
• Value added tax
• Customs duties
o Regions in need shall be given a share from the
Equalization Fund which shall not be less than three
percent of the annual General Appropriations Act
(Sec. 5, Art. XIII)
 Bayanihan Federalism

Sources of Revenue of the Federated Regions

o Shall be entitled to 50 percent of all net revenues

derived from the exploration, development,
utilization of all natural resources within their
territory (Sec. 7, Art. XIII)*

o Other financial assistance that Congress may

provide by law
(Sec. 6. Art. XIII)

Sharing in the Bangsamoro: Energy – 50-50

Metallic and Quarry--- 100 %
 Bayanihan Federalism

Structure of Federated Regions

Composed of

 Regional Executive
 Regional Assembly
 Regional Judiciary
 Bayanihan Federalism

Structure of Federated Regions

 Regional Executive
(Sec. 16-17, Art. XI-B)
o To be headed by Regional Governor and Deputy
Governor elected in tandem by the legislative assembly
from among its members
o College degree or equivalent required
o To serve for four years with one reelection
o Deputy Governor to serve as presiding officer of the
Regional Assembly
 Bayanihan Federalism

Structure of Federated Regions

 Regional Assembly (Sec. 4-8, Art. XI-A)
o Half to be elected (one each) per province and per highly
urbanized city / independent chartered city
o Half to be elected region-wide by proportional party
representation
o College degree or equivalent required

Regional Judiciary (Sec. 22, Art. XI-B)

o The Regional Assembly shall provide for a Regional Judiciary
composed of a Regional Supreme Court, and such Regional
Appellate Courts, trial courts and special courts as may be
necessary
 Design of the Draft Constitution
EXPANDED HUMAN RIGHTS
 Giving the poor demandable socioeconomic rights to: (Sec. 26-27,
Art. III)
o Adequate Food
o Complete Education
o Decent Housing
o Universal and comprehensive Healthcare
o Livelihood and Employment opportunities
 Giving demandable environmental rights to: (Sec. 28, Art. III)
o healthful environment and balanced ecology
o clean air, water, soil, surroundings
o seek compensation for damage to the environment
o seek court relief (writ of kalikasan) to stop activities that
damage the environment
A Guiding Light

“Thou shalt strive for the

happiness of thy country
before thy own, making of
her the kingdom of reason,
of justice, and of labor; for if
she be happy, thou, together
with thy family shalt
likewise be happy.”

--Apolinario Mabini
The True Decalogue
Power to the People, Power to the Regions

Thank You