2
CHANGING THE SYSTEM & FORM OF GOVERNMENT
from UNITARY-PRESIDENTIAL to FEDERAL- PARLIAMENTARY or
SEMI-PRESIDENTIAL
FORMATION OF A FEDERATION
A FEDERATION is an aggrupation of at least THREE States which agreed to
transfer or share their sovereign powers among themselves:
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State Government
Federal Republic of the Philippines
State Government State Government
Municipal
Cities
Provincial
District Trial Court
Federal Supreme Court
District Court of Appeals
Supreme Court
Court of Appeals
Trial Court
AGGREGATIVE AND DISAGGREGATIVE FEDERALISM
AGGREGATIVE FEDERALISM occurs when two existing sovereign States agreed to
form a Federation by entering a Treaty or an international agreement.
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AGGREGATIVE AND DISAGGREGATIVE FEDERALISM
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DISAGGREGATIVE FEDERALISM occurs when a single/unitary sovereign State desires
to transfer or share its sovereign power by revising its Constitution and forming at least two more States
within its own territorial jurisdiction.
DEFINITION & ELEMENTS OF A STATE A State is a community of persons, more less numerous, permanently occupying a definite
portion of territory, independent of external control, and possessing an organized government to which a great body of inhabitants render habitual obedience.
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PEOPLE TERRITORYGOVERNMENT
SOVEREIGNTY
FUNDAMENTAL RIGHTS OF STATES
The Right of Existence, Integrity and Self-preservation
The Right of Sovereignty and Independence The Right of Equality The Right of Property and Jurisdiction The Right of Legation or of Diplomatic Intercourse
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WHAT IS A CONSTITUTION?It is a Written Instrument by which the FUNDAMENTAL POWERS of GOVERNMENT are established, limited and defined, and by which these powers are distributed among several DEPARTMENTS and AGENCIES for their safe and useful exercise for the benefit of the body politics.
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1 Direct Congressional Action (Constituent Assembly) – Amendments or Revision
2 Constitutional Convention -Revision3 People’s Initiative - Amendments 13
THE THREE WAYS OF PROPOSING CONSTITUTIONAL CHANGES
CONGRESS, acting as a
Constituent Assembly, may directly propose revision or amendments by a
VOTE of THREE-FOURTHS (3/4) of
ALL ITS MEMBERS
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DIRECT CONGRESSIONAL ACTION
1METHOD
Differentiated in Lambino vs. Comelec, 505 SCRA 160, October 25, 2006.
15
AMENDMENT vs. REVISION
AMENDMENT broadly refers to a CHANGE
that adds, reduces, or deletes without ALTERING
the basic principle involved in the Constitution.
Differentiated in Lambino vs. Comelec, 505 SCRA 160, October 25, 2006.
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AMENDMENT vs. REVISION
REVISION broadly implies a CHANGE
that ALTERING the principle of
SEPARATION OF POWERS or the SYSTEM
OF CHECKS-AND-BALANCES.
CONGRESS, acting as a Constituent Assembly, “
may call a CONSTITUTIONAL CONVENTION by a
VOTE OF TWO-THIRDS (2/3)OF ALL ITS MEMBERS
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CONSTITUTIONAL CONVENTION
2METHOD
1) The Law must appropriate the FUNDS that will be needed by the Con-Con.
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IMPLEMENTING LAW
2) The Law can prescribe the QUALIFICATIONS and DISQUALIFICATIONS of the Con-Con delegates.
3) The Law is passed by Congress in the exercise of its legislative power which is PLENARY and is submitted for the PRESIDENT’S APPROVAL and SIGNATURE. Thus, he can VETO it!
Any change to a new form or system of government may only be accomplished through a REVISION (not mere amendment) of
the present Constitution.
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REVISION
Unitary Federal
Semi-Presidential
Federal-Parliamentary
Unitary- Presidential
ParliamentaryPresidential
Semi-Presidential
DIRECT PROPOSAL by the people through initiative upon a
PETITION of at least 12% OF THE TOTAL NUMBER OF REGISTERED VOTERS NATIONWIDE, of which
every Legislative District must be represented by at LEAST 3% OF THE
REGISTERED VOTERS therein
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PEOPLE’S INITIATIVE
3METHOD
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PRESIDENTIAL FORM WITH BICAMERAL CONGRESS
Universally ELECTEDHEAD of the STATE &
CHIEF EXECUTIVE
SENATE
HOUSE OF REPRESENTATIVE
23
UNITARY SYSTEM WITH OVER-CENTRALIZED POWERS AND LIMITED
LOCAL GOVERNMENT AUTONOMY
CONTROLS:
Ministrant FunctionsConstituent
Powers
CONTROLLED BY:
PresidentCongress
Changes that are a must now even before the Revision of the
CONSTITUTION!
Pass political reform laws including the strengthening of the Local Government Code
Pass the FOIPass the Political Party Reform Act that will
prohibit turncoatism
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MUST PROVISIONS OF THE PROPOSED NEW CONSTITUTION!
A SHIFT to Semi-Presidential or Modified Parliamentary Form of Government similar to France, South Korea, Russia or China
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Multi-political Party shall be RETAINED Provided that a Dominant Political Parties shall be Ensured to Flourish.
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The CHANGE of GOVERNMENT can
BEGIN NOW ByAdopting A
PARLIAMENTARY FORM
The Political powers are exercised by the Parliament which can be UNICAMERAL or BICAMERAL
If BICAMERAL, the house or assembly whose members will choose to elect or nominate the head of the government called PRIME MINISTER or and the MINISTERS or CABINET is the body that actually runs the government.
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SEMI-PRESIDENTIAL OR MODIFIED
PARLIAMENTARY FORM
Political powers like military, foreign relations, clemency, and appointing powers are in the hands of PRESIDENT
Political powers like domestic governance
headed by the PRIME MINISTER
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CHANGE TO FEDERAL SYSTEM
The CHANGE to PARLIAMENTARY OR TO
SEMI-PRESIDENTIAL FORM can be effected immediately
without much problem
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VERTICAL SYSTEM and
HORIZONTAL FORM
VERTICAL DYNAMICS
Central, Regional, Local Relations
HORIZONTAL DYNAMICS
Executive and Legislative Departments
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TRANSPARENCY INTERNATIONAL 15 MOST CORRUPT NATIONS
NORTH KOREA AFGHANISTAN ANGOLASUDAN
SOUTH SUDAN
SOMALIA
ERITREAVENEZUELA
GUINEA-BISSAUHAITILIBYAIRAQ
YEMENTURKMENISTANSYRIA
31
TRANSPARENCY INTERNATIONAL 15 LEAST CORRUPT NATIONS
DENMARK NETHERLANDSNEW ZEALANDSWEDENFINLAND
ICELANDAUSTRALIAUNITED KINGDOMLUXEMBOURG
GERMANYCANADASINGAPORESWITZERLANDNORWAY
BELGIUM
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PHILIPPINE PARLIAMENTARY EXPERIENCEThe AMERICANS introduced the
current PRESIDENTIAL
SYSTEM
The 1973 CONSTITUTION
was introduced by the MARCOS
GOVERNMENTNATIONAL ASSEMBLY
An AMENDMENT was later on
introduced in 1976
An AMENDMENT in 1981 shifted to
FRENCH-STYLE SEMI-
PRESIDENTIAL SYSTEM
A Council of Government took the form of a Parliament headed by
APOLINARIO MABINI
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PROPOSED SEMI-PRESIDENTIAL OR
MODIFIED PARLIAMENTARY
FORM
LEGISLATIVE POWER and EXECUTIVE POWER
vested in a UNICAMERAL/
BICAMERAL PARLIAMENT
PRESIDENT TO BE UNIVERSALLY ELECTED WITH RUN OFF ELECTIONS.
PRIME MINISTER, and CABINET all come from PARLIAMENT/NATIONAL
ASSEMBLY
Fusion of Powers
34
TERMS AND QUALIFICATIONS
CURRENT SYSTEMTHREE-YEAR terms with a
maximum of THREE CONSECUTIVE TERMS
PROPOSED CONSTITUTION FIVE-YEAR terms with NO
TERM LIMITS
COLLEGE GRADUATE
25 year old minimum age
36
POWERS TO BE RETAINED BY THE PRESIDENT
Commander-in-Chief / Military powers
Amnesty to: ▪ Executive Clemency like amnesty and pardon, retrieve
37
POWERS TO BE RETAINED BY THE PRESIDENT
Appointing powers of high officials in government: ▪ Prime Minister ▪ Cabinet ▪ Supreme Court ▪ Constitutional Courts
E.g. CONGRESSIONAL INVESTIGATIONS of executive policies and actions, which unnecessarily delay and obstruct legislation.
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SEPARATION OF POWER causes intense rivalry and competition for power between the executive and legislative in a system that has turned very adversarial
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PRESIDENTIAL SYSTEM ALSO FEATURES A PARTY SYSTEM THAT IS WEAK,
UNDEMOCRATIC, UNSTABLE, AND NOT
PROGRAM-ORIENTED
LEADERS AND POLITICAL PARTIES HAVE
NO IDEOLOGIES
DOWNSIDES OF THE PRESIDENTIAL
SYSTEM
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DETERIORATION IN THE QUALITY OF
NATIONAL LEADERS
ELECTION
CORRUPTION DUE TO THE EXPENSE
DOWNSIDES OF THE PRESIDENTIAL
SYSTEM
41
INSTABILITY
PEOPLE POWER
MILITARY INTERVENTION
CONSTITUTIONAL AMENDMENTS TO
EXTEND PRESIDENTIAL TENURE
DOWNSIDES OF THE PRESIDENTIAL
SYSTEM
TRANSITION TO FEDERALISM
1. Allowing the parliament to create autonomous regions of compact, contiguous and adjacent provinces and cities; and/or to create autonomous territories of some provinces or other political units;
2. Allowing the enactment of organic laws for each autonomous regions or autonomous territories based on the petitions emanating from each respective regions or territories;
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The New Constitution must contain the following Provisions:
TRANSITION TO FEDERALISM
3. Allowing the expansion of powers to be transferred or shared by the national government to the autonomous governments in every regions or territories by revising the organic laws concern;
4. Allowing the conversion of the autonomous regions to become regional federal states (sub-national units) with their organic laws being transformed into state constitutions;
5. The national parliament shall approve each and every organic law or state constitution before they are submitted for approval in a plebiscite by the registered voters in every autonomous regions or territories concerned.
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The New Constitution must contain the following Provisions:
TRANSITION TO FEDERALISM
6. When at least two autonomous regions have been transformed into regional federal states, the national government shall be transformed into a federal government of the Republic of the Philippines;
7. No federal states can exit from the federation and become an independent state without the approval of at least 4/5 of all the members of the Regional Federal State parliament and by the majority votes of all the registered voters in the Regional Federal State concerned.
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The New Constitution must contain the following Provisions:
Federal• National security• Civil, political, intellectual, property,
human rights• Foreign relations• National elections• External trade• Citizenship• Currency/monetary system• Immigration, emigration, extradition• Supreme Court decisions
State• State elections• Regional, metropolitan trial courts• Licensure of public utilities• Administration and enforcement of
state laws• State socio-economic planning• State finance• Peace & order• State infrastructure
• Health• Education• Environment• Social Welfare• Energy• Tourism
Shared
SALIENT FEATURES: BROADENED BASE OF POWER SHARING
Decision-making becomes more local
Local leaders have more power over funds, resources
Specialization of products, services, industries
Inter-state trade and competition
IMPLICATIONS OF STATE AUTONOMY
WHAT ARE WE TRYING TO SOLVE?
Frontline Service Delivery
Peace AgendaBetter Governance
Better Politics
26% Poverty Incidence
20 Poorest Provinces
IMPACT ON PRESENT SYSTEMPeace and Federalism
Anti-political dynasties
Campaign finance reform
Political party reform
Overhaul of COMELEC
PARLIAMENT
ORGANIC LAW ON
AUTONOMOUS TERRITORIES
Common: Fix Politics
WHAT SHOULD BE DONE TO ENSURE SUCCESS?
• Fix politics• Amend LGC• Fix Autonomous Regions
AUTONOMY & SUBSIDIARITY
• Fix politics• Unitary to Parliamentary• Autonomy to Federalism
FEDERALISM
FEDERALISM IS NOT ONE STEP!1. Pass political reform
3. Referendum is passed, within a year, Parliament must enact an organic law defining the Autonomous Territory's land area, powers, obligations and sources of revenues (taxes).
2. Provinces and highly urbanized component cities to evolve first to an autonomous territory.
4. If 3/5 (60%) of the provinces and component cities of the Philippines become Autonomous Territories, then the Federal Republic of the Philippines is created
HOW TO ENSURE
(1) INCLUSIVE, MULTI-STAKEHOLDER
(2) INFORMED, MULTI-PLATFORM
(3) FIX THE POLITICS
(4) REVISIONS NOT AMENDMENTS
HOW TO ENSURE
(5) NOT A SINGLE STEP
(6) ARGUE NOT IN THE MINORITY BUT IN THE MAJORITY
(7) DO THE NUMBERS – FISCAL MATTERS
(8) METRICS OF CHANGE
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www.conform2federalism.comwww.federalismacademy.com
PDu30-CORE to FEDERALISM
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