Part II
FEDERALISM has long been imagined as an alternative to the current system of government. Its proponents admit, however, that it is not the silver bullet that will slay the monsters of poverty, corruption, and inequality that continue to plague the nation.
The Abueva draft
“A federal-parliamentary democracy is not proposed as a panacea or cure all for our myriad ills as a nation. There is no such thing as a cure all,” says Jose V. Abueva, chairman of the Citizen’s Movement for a Federal Philippines (CMFP), in his paper on federalism.
He views it as the appropriate structure that will nurture and promote ‘good governance’ and facilitate the “redistribution of power, wealth and opportunities in our unjust society ruled by an oligarchy.”
Abueva headed the Consultative Commission created on Aug. 19, 2005 by then President Gloria Arroyo to draft a new charter. In December, Abueva submitted a draft proposing a federal system and liberalization of the economic provisions in the 1987 constitution.
Arroyo, however, dropped the federalism proposal and only pushed for the adoption of a unicameral, parliamentary government through a people’s initiative. The Supreme Court would eventually junk, by an 8-7 vote, a petition for the holding of a plebiscite on the draft amendment.
The proposed Federal Republic in the Abueva draft would have a federal government based in Clark Economic Zone, in Angeles, Pampanga and 11 regional Estados or governments: 1. Bangsamoro (ARMM), 2. Davao region and Central Mindanao, 3. Zamboanga Peninsula and Northern Mindanao, 4. Central and Eastern Visayas, 5. Western Visayas-Palawan, 6. Southern Luzon, 8. Metro Manila (NCR), 9. Central Luzon, 10. Cordillera, and 11. Northern Luzon.
The Federal government would be responsible only for national security and defense, foreign relations, currency and monetary policy, citizenship, civil, political and other human rights, immigration, customs, the Supreme Court, the Constitutional Tribunal, and the Court of Appeal, and such functions of federal governments.
The 11 Estados and the local governments, on the other hand, would take care of functions and services “that impact directly on the lives of the people including peace and justice; agriculture and fisheries; energy, environment and natural resources; trade, industry and tourism, labor and employment, public works, transportation and communication; health; basic education, science and technology; culture (language, culture and the arts); social welfare and development; and public safety and police.”
Parlamento
In Abueva’s draft, the executive and legislative powers would be lodged in the Parlamento which shall be divided into the House of the People (Sambayanan) and the House of the States (Balay Estados or Senado).
Sambayanan representatives will be elected in parliamentary districts while Senadores will be elected by members of the Batasang Estados or State Assemblies. The Parlamento will elect the Prime Minister from among themselves, who will, in turn, form a Cabinet composed mostly of members of the Parlamento. A ceremonial President will be elected for a term of 5 years by the Parlamento and State Assemblies.
Judicial power will be vested in a Supreme Court and the Court of Appeals. A Constitutional Tribunal will also be created which will solely resolve disputes involving the constitutionality of the decisions and actions of the Federal government and the States.
A Federal Civil Service shall also be created which will be source of professional career executives and administrative staff of the Federal government.
Regional government
As envisioned in the Abueva draft, the State Assembly exercises executive and legislative powers. The members of the Assembly will be elected from each State Assembly district, except for Metro Manila whose assembly will be composed of the mayors of the local government units.
The State Assembly will elect a State Governor and Vice Governor. The Governor will form the State Council (Cabinet) who will be composed mostly of members of the State Assembly.
Local government units that exist at the time of the new constitution’s approval will be retained. Judicial power will be lodged in a State Superior Court, Regional Trial Courts, Municipal Courts and other inferior courts. A State Civil Service will also be created at the regional government level.
The Abueva Parlamento will be composed of 299 representatives in the Batasang Estado and 28 Senadores in the Balay Estados.
Transitions
Recognizing the uneven political, economic, fiscal, and administrative capacities of the proposed regional Estados and resources within their jurisdictions, the Abueva draft proposes a transition period of 10 years from the adoption of the new charter.
“The more developed and ready among the States shall become fully operative on the first five years…and the less developed in the next five years.” It provides however that the Bangsamoro and Cordillera federal regions “shall be enabled to become operative in the first five years.”
Araneta Bayanikasan
One of the first advocates of Federalism was Dr. Salvador Z. Araneta who presented his draft Bayanikasan Constitution to the 1972 Constitutional Convention.
Araneta, a nationalist and advocate of Filipino First policies, coined Bayanikasan from the phrase Lakas ng Bayan which he said reflects the “the strength each citizen must possess to build a ‘good society, a great nation.’
His draft charter was endorsed by the Philippine Constitutional Association but did not gain support from a convention that was embroiled in the political maneuvers of the day—with the delegates divided into anti and pro-Marcos camps.
A distinguishing feature of the proposed Federal Republic envisioned by Araneta is that power is shared by a troika—the President, Prime Minister and the Speaker of Parliament. This will also be the case for the regional state governments.
Collective leadership
The Federal Troika will be elected by Parliament and renounce all party affiliations upon their election to office. The top three in the voting shall be elected as President, Prime Minister, and Speaker of Parliament.
Araneta dismissed concerns that his idea would be a case of too many cooks spoiling the broth because the Bayanikasan troika would each be working on different dishes.
The President shall supervise the Ministry of National Identity, Culture and Education, the Ministry of National Affairs, and the Ministry of National Defense, as well as the Authorities that may be created, and are related to those ministries.
The Prime Minister has jurisdiction over all other Ministries of the Federal Government related to the domestic and economic problems and such Authorities, as may be created to support those Ministries.
The Speaker of Parliament shall preside at all the meetings of Parliament and direct its affairs. He will also decide on all conflicts of jurisdiction between the President and the Prime Minister. In addition, he will participate in the preparation of the program of government to be submitted annually and from time to time to Parliament.”
Five regional states
Araneta’s draft proposes the creation of regional states: Northern Luzon, Southern Luzon, Visayas, Christian Mindanao, and Muslim Mindanao. Metro Manila will be the seat of the Federal government which shall have control over the capital.
The unicameral Parliament, whose representatives will come from each State, will be responsible for the delineation of the boundaries of the five States.
The State Troika will be made up of a Governor General, the Premier, and the Speaker of the State assembly. The Governor General shall have jurisdiction over peace and order, justice, culture, education, media, and all matters related to the development of human resources “in the spirit of an effective and meaningful democracy for all,” as well as interstate and State and Federal relations.
The Premier shall have supervision over natural resources and economic development while the Speaker of the State assembly shall have the corresponding powers and duties of the Speaker of Parliament.
Araneta favored a unicameral body because it would do away with gridlock in the legislative mill and would “avoid wastage of materials and human resources.”
Members of parliament will be composed of elected representatives from the Regional States, whose numbers will depend on the population within its jurisdiction, and whose terms, at least for the first election, will be limited to six years (for those elected with the highest number of votes) and to three years (for those elected with lowest number of votes).
An act of Parliament can be vetoed by the President and Prime Minister but Parliament can override this with a vote of 60 percent of its members.
Judiciary
Another innovative feature of the Araneta’s draft is the proposal to create a Constitutional Tribunal which is co-equal to the Supreme Court. He also pushed for the creation of Special Courts of Original Jurisdiction under the Trihunal to handle all cases involving Public Law.
Araneta defines public law as laws involving the State including impeachment proceedings, declaration of the unconstitutionality of an Act of the Legislative or the exercise of Executive powers, taxation cases, public utility cases, conflicts of jurisdiction between different government bodies, between the State government and Federal government and the supervision formerly exercised by the President over the three Constitutional Commissions—Electoral, Civil Service, and Audit.
The Tribunal also had jurisdiction over cases against public officials, and election disputes.
The Supreme Court, on the other hand, would “deal solely with those cases pertaining to private laws and would speed up the backlog of cases as well as those pending in courts.”
Appointees to the Supreme Court are made by the Chief Justice with the consent of the Constitutional Tribunal. Appointments will have to be approved by the Commission on Appointments and will hold office until the age of 65.
Knowing full well that the adoption of federalism would take time, Araneta proposes a 10-20-year transition period and recommends that a Caretaker government manage the transformation into a Federal Republic.
Continued tomorrow