Federalism: Issues, Risks and Disadvantages1

Joseph Reylan Bustos Viray

Polytechnic University of the Philippines
Manila
Preliminary Remarks
The never-ending conflict in Mindanao; the growing rate of poverty in
most regions; the continuing insurgencies in Central Luzon and some
parts of the country; the systemic graft and corruption in government;
the (forgivable) immaturity of the electorate; strident cry for cultural
recognition; and the instability of political systems are just some of the
troubles the country is beset and plagued with. With these mounting
problems, federalism is viewed by many as the only hope for a country
that is going a precipitous drop.
Notwithstanding the numerous
advantages and benefits of federalism as articulated by its advocates,
federalism is not without any defect. I will present the other side of the
coin. I will attempt to manifest some issues to resolve , risks to
encounter in, and disadvantages of federalism/federal system.
My presentation will be divided into interrelated sections ( ), to wit:
(1) Issues to Resolve; (2) Risks to encounter in Federalism; (3)
Disadvantages of Federalism; and (4) Conclusion.

I. ISSUES TO RESOLVE
Before going further, I would like to present to you some important
issues about federalism or federal system which must be resolved first
before a strong advocacy for transformation is made.
First, what type of federalism is advocated?
It must be emphasized that federalism takes several forms. The
following are some types of federalism according to how powers and
functions between federal government and state/local government are
distributed:
1. Cooperative federalism
2. Competitive federalism
3. Coercive federalism
In
COOPERATIVE
FEDERALISM ,
federal
and
state/local
governments share responsibilities in certain areas/services to
ensure the operation of national programs throughout the
country. The following countries possess this type of federalism:

A Paper delivered at the 45th National Rizal Youth Leadership Institute sponsored by The Order of The Knights of
Rizal, December 18, 2007, Teachers Camp, Baguio City.

Ethiopia, Germany, South Africa, United Arab Emirates, United States,

Venezuela and Yugoslavia. 2
In COMPETITIVE FEDERALISM , the federal government has a
limited role in state/ local government. On the other hand,
state/local governments has a bigger role in managing their
own affairs. The following countries possess this type: Pakistan,
Belgium, Australia, Brazil, Micronesia, Switzerland and United Kingdom.
3

In C OERCIVE FEDERALISM , the federal government continues

to direct both national and state policy. Laws of state/local
governments may be preempted by the federal government.
Nigeria, which has a federal military government, is the best example
for this type of federalism.4
Each type of federalism carries with it advantages and corresponding
disadvantages which, to a large extent, different from other types. For
instance, coercive federalism of Nigeria, being dominated by federal
military government was just an evil incarnate of the very same system
it had tried to avoid (e.i Dictatorship). The same disadvantage is not
present in competitive federalism, where the power of the federal
government is greatly reduced to give way to a more powerful
local/federal government. ONE DISADVANTAGE OF COMPETITIVE
FEDERALISM which is not present in coercive federalism is that in the
former, call for national obedience and mobilization is quite
difficult because of the powerful local political players, whose
persona and influence, at some points, orchestrate the social
behavior of their constituencies. IN THE CASE OF COERCIVE
FEDERALISM, call for national obedience is easy because of the
overwhelming authority of the federal military government.
Since the type and structure of federalism suited for the country are
not yet well defined and clear5, it is important then that a thorough
study about it should be undertaken before a strong advocacy is
pushed. There are two phases that I can imagine before a
substantial advocacy is made: FIRST: agree on what type of
federalism is to be advocated and adopted; and SECOND: assess the
specific type as to its advantages and disadvantages---this is to allow
the entire populace, if possible, to meaningfully weigh them. By this,
parameters in the discussions and debates would be clear, and thus
2

Primer on Federalism. This primer was prepared mainly by a group of students and professors from the University of
the Philippines; Kalayaan College; and other sectors with Dr. Clarita Carlos of the Department of Political Science, UP
Diliman, who was herself assisted by Annexis Hannah V. Beltran.
3
Ibid. pp.4-5.
4

Ibid. p. 5.
In the same primer, it was said that the type of federalism suited for the Philippines can be determined only through
discussion, consultation and debate among our people. Further it was said, the Philippines can develop its own
unique model of federalism based on the various models that have been adopted by other countries (p. 8). Clearly, in
the minds of the advocates there is no clear form yet to speak of.
5

people will not be confused.

It is to be stressed that unless and
until a defined federal system is agreed upon, debate about it
and much less, transforming the country into federal system
cannot possibly happen.
Even if, for instance, meaningful debates and fora are undertaken all
throughout the archipelago to iron out hazy things about federalism,
there would still be problems. One, we cannot possibly expect
majority of our people to intellectualize and brilliantly study
the structures of federalism. This is because there is doubt on
whether the masa class, which occupies the biggest strata,
can possibly participate in the discussions and debates. Surely,
these debates would just be dominated by intelligent elites.
Can this intelligent class articulate the sentiments and
aspirations of the masa?
Perhaps, the answer is in the
negative.
Arguably though, federalisms structures, mechanisms and
applicability to Philippine context cannot be possibly
discovered and learned in a short span of time.6 The United
States of America took a very long political history before everything
was put into proper places. It took them more than two hundred years
before a clearly defined federal system was put in place. In fact, USA
started their system in 1787, through conventions, not as a
federation but as a confederation of states which proved to be
unsuccessful.7 Canada, Austria, Belgium, Germany, and Switzerland
which are known to be models of Federalism, did not change their
systems in such a short time. For instance, Switzerland developed its
federal system from the various local units called cantons which have
been in conflict with each other in a span of more than a century.
Despite the very long preparations undertaken by the United
States of America, the federal system they set up has been
continually put to test as to whether it could accommodate,
tolerate and recognize cultural and racial (non-whites and
whites) divergences. Take for example the turbulent year 1960s in
America. Even as the civil rights movement registered legal and
constitutional victories like the enactment of Civil Rights Act in 1964,
still many activists began to grumble that the federal government was
not to be trusted. The year 1964 was even a witness of a number of
violent riots in several cities like Harlem and Rochester, New York, and
New Jersey. It was said that brutal actions by white police officers
sparkled the riots. James Baldwin, a black writer, even said that white
6

In Transforming Our Unitary System to a Federal System: A Pragmatic, Development Approach, (CLCD, 2000), p.1.,
Prof. Jose Abueva, a former University President, proposes that the transition to a federal state be done in two phases in
a span of ten years starting 2000-2010 to allow for a careful examination of proposed constitutional changes,
discussions and exchanges of ideas throughout the nation.
7
James MacGregor Burns, et.al, Government by the People: Bicentennial Edition 1987-1989, (USA: Prentice Hall,
1987), p. 42.

officers patrolling black neighborhoods represented the force of the

white world. If 1964 was fiery and violent, 1965 was even more so. In
August, blacks gutted the Los Angeles neighborhood of Watts; thirtyfour people were killed.8 There are still numerous riots that happened
all throughout America in the 60s. Hence, I can only supposed that if
USA was not spared with all these chaos even with its history-long
preparations,
what assurances can the Filipinos have that same
scenario would not happen in a federal government/system established
in haste.

SECOND, ARE WE READY FOR FEDERALISM ?

After carefully weighing the advantages vis a vis the disadvantages of a
particular type of federal system, another issue that must be resolved
is whether we, as a nation, ready for federalism right at the
moment.
This question was answered by Prof. Mina Ramirez,
President of the Asian Social Institute (Manila), in the NEGATIVE. She
pointed out that Philippine political leaders, Filipino mindsets
and values, and socio-cultural dimensions are not ready yet for
another system (such as federalism).9

(1) Let us examine our political leaders.

Most of our politicians are from wealthy families. Being so,
they represent the sentiments of their class rather than their
poor and lower class constituencies. In a survey result shown by Eric
Gutierrez of the Philippine Center for Investigative Journalism in his
book entitled Ties That Bind (1994), it was noted that only 13 members
of the House of Representatives representing 6.6% belong to the Lower
Middle Class and all the rest belong to either Upper Middle Class
(49.2%) and Upper Class (44.2 %). 10 (See Fig.4) Generally, federal
systems of what ever kind should encourage wider participation by the
populace, be it in policy formulation, planning, administration and
electoral processes. It would be extremely difficult, though admittedly
possible, for a participatory governance to take place without
politicians from wealthy families sacrificing some of their personal
interests.
Turncoatism is commonplace.
TURNCOATISM means that
politicians in our country switch parties almost every elections.
They do not run under a party because of its platforms and
principles but because they consider several factors, such as (A)
8

Mary Beth Norton, et. al, A People & A Nation: A History of the United States Vol.II , (USA: Houghton Mifflin
Company, 1990), P. 945-947.
9
In Socio-Cultural Dimensions of Federalism, posted on http//: www.kat.ph, accessed on Dec 11, 2007. Prof.
Ramirez does not absolutely dislike federalism, she even advocated for a Swiss Model of federalism for the country.
However, she is aware that before federalism is considered. Issues on whether we are ready as a people must be
addressed. In her opinion, at the moment, we are not ready.
10
These figures are based on the 1992 Declaration of Assets and Liabilities; Personal Resumes; and other information.

party resources/finances; (b) winnability; (c) surveys; and (d)

networks. That is the reason why a candidate would change
affiliations when another party demonstrates edge over one or
two of these factors. In the 1994 elections, (right after EDSA II)
many politicians, including then Congressman Villar, crossed party lines
and joined other politicians to organize a senatorial line up called K4.
In the last 2007 elections, because of Gloria Arroyos decreasing
popularity, Sen. Manny Villar joined the very same party or group led
by its figure head Erap Estrada, whose impeachment, for the most part,
was his (Villar) making. This character of our politicians is an
indication that they are not politically matured and thus are
not fitted to take on another form of government.
For a
politician to be matured, he must represent the ideals and
principles of a party in various issues even if it would cause
him his post. Sadly, this is absent in most of our politicians.
(2) Next is Filipino Mind Sets .
Prof. Ramirez emphasized that genuinely good or morally upright
Filipinos do not want to dip their fingers into politics. 11 They do not
want to join the dirty game played by dirty players. There are two
reasons I can think of, these are: (1) they are afraid that politics would
change them to worse instead of them changing the political culture; or
(2) they are aware that it is exceedingly difficult to win over well
ingrained political figures. Some Filipino poor take their chances
in elections not because of noble designs but because they
want to earn extra money from kickbacks, bribes, SOP, and
professional lobbying. Filipino mind set towards elections is equally
alarming. Most Filipino voters choose their candidates on the
basis of, but not limited to
(A) winnability;
(b) utang na loob;
(c) face-value (hitsura);
(d) charisma;
e) media exposures;
(f) eloquence;
(g) pakikisama; etc.

Majority do not vote on the basis of

(a) capability;
(b) leadership skills;
(c) knowledge of the job;
(d) moral upbringing; and
(e) fortitude.
These are only few manifestations of political immaturity of
some Filipinos.
11

In Socio-Cultural Dimensions of Federalism.

(3) Socio/Cultural dimensions.

The Philippines is continuously shaping its cultural identity
amidst diversity. We are always looking for something Filipino in
what we do, create, and think, apart from our regional/ethnic character.
Yes, there have been evidences which point to our regional
attachments but these I think are overshadowed by our common
aspiration of creating an image of what is Filipino. This is perhaps more
obvious in Filipino immigrants around the world. Filipinos abroad attest
that despite our diverse cultural characters, there are always some
attributes that bind us together. The trend that I see is that instead of
the country being divided into several cultures and regions, soon
enough, the Philippine islands would be closer together than ever. This,
I think, will be initiated by millions of balikbayans who have great
influence over their families. Hence, proposals capitalizing on the
diversity of cultures in the country are perhaps products of
misconceptions and misreading of the contemporary Filipino diaspora.
The advent of globalization, and tremendous development of
information and transport technology make the world shrink in size by
the day.
There has never been a time in history that virtually
accommodated intercultural dialogues as much as the 21 st century.
The Philippines, being a smaller unit of the world, was also affected by
these developments. A Bicolano may be exposed with the culture of an
Ilocano friend by e-mails, friendster accounts, my space, blogspot,
electronic conferencing and on line chatting in a matter of minutes. Or
a generous Kapampangan can treat his beautiful Cebuano girlfriend
dinner in a five star hotel in Cebu in two hours.

II. RISKS TO ENCOUNTER IN FEDERALISM

I foresee the following risks that we must encounter if we are to
transform this nation into a federal state. I do not however compel you
to believe me. But I just want to put across the message that
federalism brings with it some risks which we have to expect and if
possible contend with or even do away with.
(1) Local Political
Influence .

Clans

May

Gain

More

Power

and

There are realities in Philippine politics that we have been so

accustomed with and among which, political clans swell in various
regions from up north to down south. In Region 1, the Marcos clan
dominates provincial politics in Ilocos Norte. Despite the Marcos
domination, the Farinas clan, a rival clan, controls Laoag City. Ilocos sur

is at the hands of the following clans: Singson and Baterina. La Union

is controlled by Ortega clan, Dumpit clan and Nisce clan. Pangasinan is
home for several clans: Estrada and Perez clans control the eastern
part of the province; the central province is dominated by the Agbayani
clan; and the north-west part is controlled by De Venecia clan.
Cordillera Autonomous Region is home for the following clans: Valera
Clan in Abra; Luna clan; and Paredes clan. Apayao is dominated by
Bulut clan and Dalwasen clan. Ifugao is in the hands of Brawner and
Cappleman clans. Dominguez, Dalog, Malinas, Claver and Mayaen
clans in Mountain province. Molinas, Cosalan and Dangwa clans in
Benguet. 12
Region 2 is dominated by the following clans:

13

1.
2.
3.
4.

Enrile clan in North Eastern Cagayan;

Mamba clan in the Southern Cagayan;
Dy clan in Isabela;
Singuian, Reyes, Miranda, Alvares, Abaya, and Albano clans in
some parts of Isabela;
5. Cua clan in Quirino; and
6. Perez and Cuaresma clans in Nueva Vizcaya
Region 3 has the following clans:14
1.
2.
3.
4.
5.
6.

Joson, Umali and Villareal clans in Nueva Ecija;

Cojuangco, Aquino, and Yap clans in Tarlac;
Diaz, Gordon, Lacbain and Magsaysay of Zambalez;
Arroyo, David, Bondoc, Lapid and Pineda clans in Pampanga;
Garcia clan in Bataan;
Dela Cruz, Pagdanganan, Roqueros, Sarmiento, Silverio,
Alvarado and Ople clans in Bulacan;

Region 4 has the following clans:15

1.
2.
3.
4.
5.
6.
7.
8.
12

Angara clan in Aurora;

Tanada, Suarez and Enverga clans in Quezon;
Ynarez in Rizal;
Remulla and Revilla clans in Cavite;
Recto, Perez, and Laurel clans in Batangas;
Lazaro and Olivarez clans in Laguna;
Reyes of Marinduque;
Villarosa and Mendiola clans in Mindoro Occidental;

Eric Gutierrez, Ties that Bind : A Guide to Family, Business and Other Interest of the Ninth House of Representatives,
(Manila: PCIJ, 1994). See also A Few Clans Still Control RP Politics, in The Northern Dispatch Weekly, July 15,
2007, (www.nordis.net/blog/); Karen Tiongson-Mayrina, Allan Vallarta and Brenda Barrientos, Political clans extend
Power base, groom newbies in barangay posts, in GMA News, 10/31/2007, (www.gmanews.tv).
13
Ibid.
14
Ibid.
15
Ibid.

9. Andaya clan in Mindoro Oriental; and

10. Hagedorn and Mitra in Palawan;
Other known clans in the country are the following:16
1.
2.
3.
4.

Villafuerte of Camarines Sur;

Alfelor, Fuentebella, Delfin, Padilla clans in Camarines Norte;
Lagman, Escudero and Frivaldo in Sorsogon; and
Espinosa and Kho in Masbate.

In Mindanao, Datumanong, Akbar, Ecleo, Barbers, and Dimaporo clans

are deep-rooted. 17
Federalism does not promise to dismantle these well
entrenched political clans. There is even a prospect that they
would be more powerful and influential because of the
decentralization of authority and power. This was shown in a
study that was conducted by Prof. Emmanuel De Guzman for his
masteral dissertation submitted to the Sociology Department of Ateneo
De Manila University.18 For his analysis, Prof. De Guzman argued that
the Local Government Code of 1991 which guaranteed autonomy to
LGUs, while maintaining the central unitary government, failed to tear
down the political clan operating in the research site.
According to Prof. De Guzman, the Codes provisions for local
autonomy, for one, granting corporate status19 to LGUs actually open
the way to further entrenchment of traditional-patrimonial leaders. He
claimed that by granting corporate status to LGUs, the Code also
accords them the powers normally conferred to private
corporations such as the power to generate and apply
resources, enter into contracts, and negotiate and secure
grants. These political and economic powers granted to LGUs
gave local dynasty opportunity to easily conspire with National
Government Agency functionaries who are supposed to check
these powers. They also provide clan members with additional
resources to secure the personal loyalty of their henchmen and paint a
philanthropic picture themselves by being patrons, brokers, job givers,
saviors in emergencies, even guardian angels of local people. More
importantly, the provisions strengthen the dynastys capacity for
unilateral control of provincial power.
The provisions on Internal Revenue Allotment 20, Special Education
Fund21 and Development Funds 22, according to De Guzman, likewise
16

Ibid.
Ibid.
18
Emmanuel C. De Guzman, The Local Government Code and the Reconstitution of Power in a Philippine
Municipality, In The Loyola Schools Review Vol.1, (Quezon City, Office of Research and Publications, ADMU, 2001),
pp. 67-88.
19
Local Government Code of 1991, Title 1, Chapter 2, Sec. 14.
20
LGC 1991, Title 3, Chapter 1, Sec. 284.
21
LGC 1991, Chapter 2, Sec. 309.
22
LGC 1991, Title 6, Sec. 109.
17

enabled the clan to use extralegal means to silence their political

enemies and eventually secure control over local leaders in the entire
province. As a corporate entity, the LGU negotiates with the private
sector for the financing, construction, maintenance, operation, and
management of infrastructure projects23 .
De Guzman claimed that:
This allows the dynasty to corner provincial
infrastructural projects for itself by farming out
contracts to dummy corporations or by directly
selling contracts to private corporations. The
clan cunningly utilizes the proceeds of these
shadowy transactions to maintain a formidable
private army composed of armed thugs and
goons who freely roam the province without
fear of arrest, conviction or
0punishment. 24
Political clans would have greater control over the LGUs
resources and finances in federalism than it can have in Local
Government Code of 1991. Hence by analogy and extension,
federalism (which is designed to strengthen local government
units and promote highly decentralized government) would
even more likely result in further entrenchment of local
political clans.
Moreover, IN FEDERAL TYPE OF ELECTIONS, it is almost certain
that local elites could easily win votes. Clans in power can
cleverly utilize their money and influence to win votes. For instance,
in a municipality with only 10 to 15 thousand voters, a
candidate can take the mayoralty position by just spending one
thousand pesos per voter or a total of 10 million pesos. This
amount is not enormous for a candidate who earns an average
of 100 million pesos from both legitimate and illegitimate
businesses. Admittedly, this electoral practice is also prevalent in the
unitary system of government that we have today and it is not likely to
be addressed by Federal system either. Hence, the attributes of
federalism make this practice more widespread and rampant.

Uneven Distribution of Wealth among Local Units .

(2) It can lead to neglect of some regions.
Economic Realities. Inequalities in local and regional economy are
shown in the latest statistics conducted by Industry Statistics Division,
National Statistics Office (2007) . Regionwise, the combined regions of
CALABARZON and MIMAROPA generated the highest output valued at
23

LGC 1991, Title 4, Sec. 302.

Ibid. Here, De Guzman was referring to his observations about the particular research site he studied. However, this
is likely the same scenario that occurs in other areas dominated by clans.
24

Php 1, 328.7 billion in 2005, which is nearly half (45.6%) of the total
output value of the entire manufacturing sector. This was followed by
NCR and Central Luzon with Php 562.9 billion (19.3) and Php 387. 8
billion (13.3%), respectively. Altogether, the 3 regions accounted for
78.3 % of the total output manufacturing sector.
In terms of
employment, CALABARZON and MIMAROPA registered the highest rate
of 41.1%, followed by NCR with 26.4%, Central Visayas with 11.9%, and
Central Luzon with 10.4 %. There are other various statistics which
show the uneven distribution of economic opportunities to the
different regions in the country. This reality would even be
more unbridled if a federal state government is established.
The following are my REASONS:
(1)Regions which are performing well would definitely
become even more forceful because opportunities, from
the national government and those coming from within,
would then be concentrated on these regions.
(2)Less performing regions would remain stagnant. This is
because these regions would have fewer opportunities
because most of these opportunities are already in the
hands of the well performing ones.
(3) Regions differ in the availability of natural
resources.
(4) Ability to raise revenues differs in various
regions.
This was encountered by USA in recent years. Alaska, with few people
and much wealth, has almost four times the taxing capacity of
Mississippi, which has many people and few mineral resources. The
Sunbelt-Frostbelt economic conflict in America is another case to
account. Economic conditions in the Frostbelt, especially New England,
have improved with the growth of high-tech industries while those in
the Sunbelt, dependent upon oil and other resources, have declined. 25
Aside from economic inequalities, the number of voters of each
region also has effect on the uneven distribution of wealth and
opportunities. Regions like NCR and Central Visayas which have big
number of voters would have advantage in terms of opportunities
coming from the national leadership. The psychology of Philippine
politicians would suggest this.
National politicians would tend to
concentrate government grants to regions with big number of voters.
This scenario was the same dilemma which was encountered by USA.
California, New York, Texas, Illinois and Ohio had economic advantage
over other States. California (47) is a home of many major aerospace
and high tech industries. New York (36) is the central business district
of America. NASA Space Center is located in Texas (29). Illinois (24) is
an important industrial city. There is an economic reindustrialization in
25

James Mac Gregor Burns , et. al., p42.

Ohio (23).
This scenario is likely to happen in a federal
Philippines.

(3)

Spillovers

This disadvantage is especially important with political decentralization

and federalism. Activities undertaken in one region can affect
the activities and well-being in other regions. These spillover
effects can work both ways, positive as well as negative. POSITIVE
SPILLOVER effects create advantages for other regions. For
example, when a region has a very good educational system,
eventually some of the well-educated citizens will move to other
regions.
These regions will then also benefit from the better
educational system in other regions. But what are alarming are its
negative effects. NEGATIVE SPILLOVER effects mostly have to do
with pollution created in one region which spreads to other
regions. The provision of public goods that produce positive spillovers
will be too low. This is because the benefit that the public good
produces for other regions is not taken into account by the region
which produces the public good. Production which creates negative
spillovers on the other hand will be too high because regional
governments will fail to internalize the costs imposed on other regions.
The result is an inefficient allocation of resources because
regions only care about their own benefits and costs and do
not consider the effects of the policies on other regions.26

III. DISADVANTAGES OF FEDERALISM

(1) States and local governments lack sufficient expertise
in several areas.
States and local governments may lack sufficient expertise in
the following areas:
1.
2.
3.
4.
5.

Defense
Environmental Problems
Advent of International criminality
Disaster Avoidance and Management
etc.

DEFENSE. The dawning of international terrorism is not

only apparent but real. From reports, the southern part of the
country is home for a number of terrorist groups having link and
connections with international organizations like Al Qeada. There
are even reports, as gathered by Maria Ressa of then CNN and
now ABS CBN, that point to the claim that the southern
Philippines was used as a training ground of Al Queada members
26

H.S Rosen, Public Finance, (New York: MacGraw Hill, 2002).

who are to be appointed as suicide bombers in the September

11, New York incident. In fact, terrorists activities had already
killed thousands of lives in the country. 27
The national military forces as it is now is having difficulty in countering
terrorism because of several factors :
(1) limited resources;
(2) Poor intelligence system;
3) Corrupt Military officials; (
4) Crude and outdated war machineries and (5) scarce number of
recruits.
With this, the government tried to forge networks with other
countries like USA and Britain, to fortify further the forces. This is the
trend. Countries with a common objective of curbing international
terrorism join together as they gather strengths anew. This is because
terrorists operate on a much larger scale that is internationally. Their
operations transcend national boundaries.
With this as a background, it is just wise to assess whether federalism,
which banks on decentralization and fragmentation, could provide the
local units capability to counter terrorism.
For sure, (1) local
government units cannot equal the limited resources of the national
government, they are far behind; (2) cannot forge wide network as the
national military organization; (3) and they have scarcer number of
would be recruits.
Hence, if we are serious about reducing, if not eliminating,
international terrorism in the country, let us go by the flow.
We should fortify our armed forces by creating or establishing
a united, non-fragmented, harmonized Military Organization.
Moreover, we should cultivate in all regions and across all cultures the
sense of trust towards our military personnel in order that military
intelligence gathering would be easy.
I am not saying that in a federal system, this strong military
organization that we need could not be possible. What I want to point
out is that in a young federal government that we are to start,
fragmentation in the military is in the horizon. Why? Local
units would initially be overwhelmed by the power dispersed to
them and hence would have the tendency to establish a
provision in their independent constitutions their own military
force. This is to protect and shelter the power they possess. It would
be difficult, if not impossible, to secure local powers without
the use of might and arms.
ENVIRONMENTAL PROBLEMS.
It is difficult for an
extremely decentralized government like federalism to
address environmental problems. (These are what I see): (1)
27

Harry Lorenzo and Archimedes R. Piga, Public Safety: Dimensions and Concerns, (Institute of Strategic and
International Studies, 2001), pp81-86.

For instance, Province X enacted a law such as Clean Air Act. The
law was perfectly crafted.
Unanimously approved by local
legislators. And overwhelmingly accepted by its populace. But
there is a minor problem, Province Y, adjacent to province X,
refused to enact the same law because it would mean flight of all
the major manufacturers located within its boundary. Hence, the
Clean Air Act enacted by Province X would be put to naught.
(2)Moves now to heal the environment tend to be global.
Hence, addressing environmental problems by regions or
states would be ineffectual.
INTERNATIONAL CRIMINALITY.
There are a number of
transnational crime organizations operating in the Philippines.
The Chinese Triads, the 14-K and the United Bamboo Gangs are
primarily responsible for the trafficking of shabu into the
country. This huge supplies of shabu come from mainland China,
Hongkong, and Taiwan. Illegal drug trade in the Philippines is
estimated to be a P240-billion business enterprises annually. It is
almost 50 percent of the total annual budget of the Philippines. 28
According to Lorenzo, a Police ColonelAcademician, the
emergence of a global village has drastically changed the
landscape of human activity, including the way people conduct
their business. Further, he said that while globalization initially
brought economic prosperity and promise, opportunities for
transnational crimes have also flourished.29 Like transnational
business corporations, criminal groups have also become well
organized and sophisticated with extensive global operations and
networks.
In order to have a fighting chance against transnational criminal
corporations, governments should acquire the same degree of
sophistication and equivalent capabilities to match them. It is beyond
any one country, no matter how rich and powerful, to do it alone.
Andres Gonzalez Diaz pointed out:
The criminal organizations have developed new forms
of crimes, while we have remained fighting individually.
We should fill our domestic spaces with special
legislation, but we have to struggle in order to achieve
the best international legal harmony. 30
The aim now is to forge international cooperation among
nations to absolutely put an end to international criminality.
Thus, fragmentation of resources, strategies and forces
(possible in federalism) would not be a wise decision at the
moment.
28

Ibid. p89.
Ibid. p90.
30
Andres Gonzalez Andrez, Harmonization of Laws: The Colombian Experience, in the Congress of Compatibility of
Laws of Fight Against Narcocriminality, Buenos Aires 2-4 August, 1993.
29

 DISASTER AVOIDANCE AND MANAGEMENT.

Disaster
st
management is a major concern in the 21 Century. It is vital
because of increasing dangers to the world environment due to
natural hazards and their effects to national economy. Being
within the Tropic of Cancer and the Tropic of Capricorn,
geographic location and physical environment of the
Philippine Islands makes it prone to all kinds of natural
disasters. On the average, our country is frequented by at least
19 typhoons every year. Between 1980 and 1990, a total of 213
typhoons crossed the country affecting 25 million people and
resulting in 5, 952 deaths, about 14,000 missing or injured and
property damage of about P45 Billion. Floods due to excessive
rainfall usually accompanying typhoons have also caused
widespread damage. In 1989 alone, flood damaged property and
crops worth over P390 Million.
Correspondingly, earthquakes jostled the country. The strongest and
most devastating of which hit Luzon on July 16, 1990, affecting 259,
951 families, caused the death of 1, 666 persons and injured 3, 561.
Mt. Pinatubos eruption in June 1991 affected the lives of nearly half a
million (413,711) families.
With this as a background, the Philippine Government established
National Disaster Coordinating Council (NDCC) . It is mandated to
establish policy guidelines on emergency preparedness and disaster
operations involving rescue, relief and rehabilitation. Corollary to this,
disaster management has become uncomplicated.
Now, if
federalism could not provide the same organization and
harmony, disaster management would be difficult.
The difficulty would lie on the fact that in federal system of government
there is likely a confusion of functions and responsibility between
Federal government and State Government in case of disaters. Try the
case of New Orleans, the state was devastated by typhoon Katrina.
Thousands of lives and property were affected. Rescue efforts were
delayed because of confusions. There was confusion as to whom
the disaster management function belongs. Was it with the
Federal Government or the State Government?
Apparently,
the confusion brought thousands of lives to grave.

(2)

State and local officials tend to be parochial.

Local leaders like governors, mayors and others would tend to

be bothered so much with their local concerns, disregarding
national interests. For instance, in Danao, in Central Visayas, illegal
gun making is a household industry. Hence, if a local leader in Danao
would be parochial, he would likely be making decisions and actions for
the benefit of the town folks such as legalizing gun making. Such

decisions would be detrimental to other regions which maintain and

promote gun less society.
What federalism cannot do?
(3)

Federalism cannot solve the Mindanao Conflict

Many advocates of Federalism viewed federalism as the only hope for

the total resolution of conflict in Mindanao. This I do not agree.
Here are some my points.
Conflict in Mindanao is a result of multifarious factors such as
call for sovereignty and independence, terrorism, and family
feuds (rido).
Perhaps, the first factor (call for sovereignty and
independence) would be resolved in federalism. However, the two
other factors (terrorism and rido) could not be eliminated by
federalism.
The case of terrorism was already discussed above.
In a survey conducted by Jamail Kamlian of Mindanao State University
Iligan entitled Incidences of Clan Conflict and Conflict
Management: Survey of feuding Families and Clans in Selected
Provinces of Mindanao, it was shown that there are 671 rido cases
in nine selected Mindanao provinces. The highest was in Lanao Del
Norte with 164 reported cases, followed by Sulu with 145, Zamboanga
De Sur with 91, Zamboanga Sibugay with 75, Zamboanga Del Norte
with 62, Basilan with 60, North Cotabato with 31, Tawi Tawi with 25 and
Sultan Kudarat with 18. 31
It is noteworthy that most of the
provinces where rido or family feuds are prevalent are the
same provinces where arm conflicts are rampant. In a federal
system, the likely scenario is this: families will continue to war against
each other because they would compete in the political arena where
local control and power is the prize. Hence, Federalism, in its hope to
eliminate and resolve the problem in Mindanao would not be effective.
Moreover, federalism would even contribute to further the proliferation
of these family conflicts.
(4)

Federalism cannot solve the problem of poverty---

There have been studies which point to the argument that

decentralization has no impact on economic growth. Let us take the
study that was conducted by Rodriquez-Pose A, and A. Bwire 32 for
London School of Economics. Rodriquez-Pose and Bwire investigated
31

Asia Foundation and US AID, 2005.

A. Rodriquez-Pose and A. Bwire, The economic (In) Efficiency of Devolution, (London School of Economics,
Department of Geography and Environment, 2003).
32

decentralization using regional data of three federal countries:

Germany, India and the US, and three recently devolved countries Italy,
Spain and Mexico. The basic intuition of their study is as follows. For
each region within these countries, centralized and decentralized
periods are identified during the period 1975-2000. Using linear
regression models they then test whether regional growth rates in
decentralized periods are higher than in centralized periods, provided
that the national growth rates are similar. In this approach, they did
not find a positive relationship between decentralization and growth.
Hence, federalism does not clearly promise to solve the problem of
poverty because in the first place as shown by the study, there is no
positive relationship between decentralization and economic growth.
(5) Federalism cannot addressed the continuing cry for
cultural recognition--There have been studies that show that federalism cannot address the
continuing cry for cultural recognition. 33 The theory is very simple.
Federalisms banner is unity amidst cultural diversity. Ideally,
the banner is so palatable. But try to look at things this way. For
instance, cultural recognition advocated or asserted by W
ethnic group was accepted by the National government
through establishment of federalism. However, within W ethnic
group, there are diverse sub-groups which thrive like A. A sub
group advocated and asserted its difference with other sub
groups following the same logic that W ethnic group used to
assert its recognition. And in the same logic, women in A sub
group reacted.
They cried that their sentiments are not
articulated by men-advocates of A. This would be a never ending
sequence.

IV. CONCLUSION
With all the above considerations, let us try to reassess our positions on
the looming federalization of the country. We need to focus upon our
oneness as a people. Let us highlight the positive things we have in
common, rather than our differences. For a nation is bound by the
things that it loves or identifies with. The essence of nationhood is
thinking, feeling, and caring for the nation as a whole, not only
for an elite minority, ones region or sector but for the vast
majority of our people---whether Christian, Muslim, Lumad,
peasant, poor, women, leftist, loyalist or other.34
Lastly, I will leave to you a quotation from an eminent scholar Prof.
Felipe De Leon:
33

See James Tully, Strange Multiplicity Constitutionalism in an Age of Diversity, (Cambridge University Press, 1995).
Felipe De Leon, Cultural Awareness: Keystone to National Development, (Filipino Spiritual Culture), series 9.

34

.Bound by a shared history, languages, folklore, artistic

traditions, culinary habits, kinship patterns and many other
factors, it will not be difficult for us to subordinate selfish
interest to the national welfare, if we truly desire to....Let us
regain our strengths, and cultivate our oneness and solidarity
as a people. Let us all participate in the noble objective of
developing self reliance, drawing from our collective spirit all
the energy and courage we need to steer the country
peacefully toward its creative destiny and sovereign majesty in
the community of nations. 35
Thank You and more power......

References:

Abueva, Jose, Transforming Our Unitary System to a Federal System: A

Pragmatic, Development Approach, (CLCD, 2000).
Andrez, Andres Gonzalez, Harmonization of Laws: The Colombian
Experience, in the Congress of Compatibility of Laws of Fight Against
Narcocriminality, Buenos Aires 2-4 August, 1993.
De Guzman, Emmanuel C., The Local Government Code and the
Reconstitution of Power in a Philippine Municipality, In The Loyola
Schools Review Vol.1, (Quezon City, Office of Research and
Publications, ADMU, 2001).
De Leon, Felipe, Cultural Awareness: Keystone
Development, (Filipino Spiritual Culture), series 9.

to

National

Gutierrez, Eric, Ties that Bind : A Guide to Family, Business and Other
Interest of the Ninth House of Representatives, (Manila: PCIJ, 1994).
35

Ibid.

Kamlian, Jamail, Incidences of Clan Conflict and Conflict Management:

Survey of feuding Families and Clans in Selected Provinces of
Mindanao, (Asia Foundation and US AID, 2005).
Lorenzo, Harry and Piga, Archimedes R., Public Safety: Dimensions and
Concerns, (Institute of Strategic and International Studies, 2001).
MacGregor,
James, Burns, et.al, Government by the
Bicentennial Edition 1987-1989, (USA: Prentice Hall, 1987).

People:

Norton, Mary Beth, et. al, A People & A Nation: A History of the United
States Vol.II , (USA: Houghton Mifflin Company, 1990).
Ramirez, Mina, Socio-Cultural Dimensions of Federalism, posted on
http//: www.kat.ph, accessed on Dec 11, 2007. , we are not ready.
Rodriquez-Pose, A and Bwire, A., The economic (In) Efficiency of
Devolution, (London School of Economics, Department of Geography
and Environment, 2003).
Rosen, H.S, Public Finance, (New York: MacGraw Hill, 2002).
Tiongson-Mayrina, Karen, Vallarta, Allan and Barrientos, Brenda,
Political clans extend Power base, groom newbies in barangay posts,
in GMA News, 10/31/2007, (www.gmanews.tv).
Tully, James, Strange Multiplicity Constitutionalism in an Age of
Diversity, (Cambridge University Press, 1995).
A Few Clans Still Control RP Politics, in The Northern Dispatch Weekly,
July 15, 2007, (www.nordis.net/blog/);
Primer on Federalism
Local Government Code of 1991
_________
Joseph Reylan B. Viray teaches Social and Political Thoughts,
Philosophy, and literature at the Polytechnic University of the
Philippines, Manila.