12/17/2016

FEDERALISM IN
THE PHILIPPINES

DEL ROSARIO, NATALIE

GABI, HERSHEY
KUBOTA, MASATO

FEDERALISM IN THE PHILIPPINES

Abstract

What is it about federal governance that makes it so attractive to political leaders and
philosophers? Is there any evidence that would hint all this attention is warranted?
Proponents see federalism as a means to promote autonomy, especially in areas with
cultural importance, such as Muslims in Mindanao. In the Philippines, advocates believe it as a
solution to a more efficient governance in the country, while some propose it for economic and
social reform. While the positions, methods, and systems being proposed vary, these groups
have been united that the Federal Republic of the Philippines is indeed necessary. This paper
will shed light on federalism and its aspects.
Federalism is not only an institutional arrangement within a nation but also a political
philosophy in which a group of members is considered bound together, with a governing
representative head.1 Federalism is a system of various sovereignty rules and a common rule.
The inn that shelters for the night is not the journeys end; the Constitution, like for the
traveler, must be ready for the morrow, Justice Cardozos thought of change. Like any living
law, the Constitution must adjust with the changing society it is supposed to administer.
Nevertheless, there are certain provisions in the Constitution that are not malleable, and thus
can only be altered through formal amendment process as provided therein.2

Sparknotes LLC. (2016). Federalism. Retrieved from: http://www.sparknotes.com/us-government-and-politics/americangovernment/federalism/section2/page/1/

2
I. Cruz, Philippine Political Law, 804 (2014).

Introduction

Federalism, as stated by Elazar (1987), "is an idea that defines political justice, shapes
political behavior, and directs humans toward an appropriately civic synthesis of the two." it is a
political system where it serves the principle that no simple majorities or minorities but that all of
the population are grouped into smaller or a much detailed unit that protects and preserve
importance of the constitution which coincides with democratic principles.3
Federalism has evolved over the course of American history. At different points in time,
the balance and boundaries between the national and state government have changed
substantially.4 In the twentieth century, the role of the federal government expanded
dramatically, and it continues to grow in the twenty-first century. In 1789-1948, Dual Federalism
arose, and it describes the nature of federalism for the first 150 years of the American Republic.
After the Civil War, the fourteenth (14th) Amendment was established which introduced the three
key clauses which limit state power and protect the basic rights of citizens. The first is privileges
and immunity clause; the second is the due process clause; and the third is the equal protection
clause. In 1865 to 1945, the national government assumed a larger role as a result of two major
events, Industrialization and Globalization. In this era, the federal government has become
integrated with the state and local government.
In the Philippines, the hints of federalism were present even during long traditions of a
centralized system of governance ever since the Spanish rule in the 1500s 5. Even after 500
years, Philippines and the roots of local autonomy still exists where barangay's or local villages
emerge within the Philippine archipelagos and was purposed where taxes are already collected.

D. Elazar, Exploring Federalism, 3 (1st Ed., 2002).

Sparknotes LLC. (2016). Federalism. Retrieved from: http://www.sparknotes.com/us-government-and-politics/americangovernment/federalism/section2/page/1/
5
Prof. Dr. D. Batavelji, Federalism: The Concept, Development And Future, In 2 International Journal Of Humanities And Social Science 24
(2012).
4

A larger sector became Pueblos or "town centers" and Barrios or "rural settlements" to Visitas
or "Municipalities".6 Federalism has evolved during the American adaptation of the principle of
dual federalism where there is equality between the state government and its local authorities.
In the present time, the federal government drastically continues to limit state power and
protect the sovereignty of every person in a state. It is when the period of American
Industrialization where the federal government system was adopted and made effective by the
local units.7

Methodology

This research paper is best conducted using the method of comparison and contrast
between the advantages and disadvantages of applying federalism on the Philippine
Government, and the advantages and disadvantages of retaining the current system of the
Philippine Government.

Current System of the Philippine Government: Unitary

The Government of the Philippines is a unitary state. Unitary form of government is a

converse of federation and is a system in which all powers are centralized in the hands of a
central government. A single central government controls the whole state with full might.
Although the state is divided in provinces and other units but these divisions are administrative
in nature. These sub-divisions completely work under the supervision and control of the central
government. In unitary form of government, the political authority is centralized. Unitary state is
useful only in those states where there are no strong cultural and ethnic diversities or in the small

A. Brillantes & D. Moscare, Decentralization and Federalism in the Philippines: Lessons from Global Community 1 (2002).
Ronald Watts The Relevance Today of the Federal Idea Federal Systems in the Twentieth Century, World Federalist Association (January
2002). [online]. Available form: http://www.federalism2002.ch/ >.
7

states.8 Under this kind of government, which the Philippines currently have, local governments
exist but have little functional purpose and may only exercise power through the central
government.

Advantages of Unitary System

A unitary system makes national integration easier as the central government can control
all the state affairs with a unified command and subsequently able to achieve solidarity and
integrity. It also provides a simpler system because there is a single administrative system
through the country as compared to a federal system which is very complicated and expensive
because of different sets of government. The state affairs can also be dealt more easily and
rapidly.9

Disadvantages of Unitary System

The present form of the Philippine government is inefficient, irrational, and by

perpetuating elitist and dynastic rule mocks the fundamental principles of democracy that it
purports to uphold. While the details of how it should be changed can be legitimately debated,
no logical case whatsoever can be made for letting the system remain as it is.10
The disadvantages of using this type of system include slow government response. There
are no state National Guard that could be dispatched in an emergency; troops would have to be
mobilized from national authority. It also quickly loses track of local issues. It is a divisive form

Umar Farooq, Unitary Form of Government, Definition & Characteristics of Unitary System Study Lecture Notes, (September 2013). [online].
Available from: http://www.studylecturenotes.com/social-sciences/law/428-unitary-form-of-government-definition-a-characteristics-of-unitarystate
9
Umar Farooq, Merits, Benefits and Advantages of Unitary State or Government Study Lecture Notes, (Februar y
2013). [online]. Available from: http://www.studylecturenotes.com/social-sciences/law/429-merits-benefits-and-advantages-ofunitary-state-or-government
10
Get Real Philippines. May 2010. The Philippines' Road Ahead, Part 1: Changing the System of Government, bkritz. [online]. Available from:
https://getrealphilippines.wordpress.com/2010/05/14/the-philippines-road-ahead-part-1-changing-the-system-of-government/
8

of government where everyone competes with everyone else for priority. Finally, it has a massive
bureaucracy that is even larger than what this country has.11
Other disadvantages of unitary systems are a concentration of power, which can lead to
tyranny. A distant central government can lose control in the administration of its internal affairs.
And lastly, central officials may not always understand the needs of their citizens.12

Advantages of Federalism

With the current administration leaning to amend the 1987 Constitution towards a federal
form of governance, it is important to know the positive aspects of a federal government. First,
locals will be able to decide for themselves. Regions have their own unique, cultural, social and
economic contexts. Federalism allows them to create solutions to their problems.13 Second,
there will be more power over resources. The states can retain more of their income and turn
over only a portion to the national government.14 Third, it can be the solution to the Mindanao
conflict. Federalism provides a route to community autonomy. This helps a strife-ridden nation
become a peaceful society.15 Fourth, it can contribute decongest Manila. Decentralized
governance is related to the principle of subsidiarity: problems should be attended to at the
lowest level in which they can be solved.16 Finally, Federalism encourages competition. Citizens
will compare themselves to their neighbors regarding economic development, per capita income,
quality of life, etc. This encourages competition among regions to be more efficient.17

11

UK Essays. November 2013. Differences Of Unitary And Federal Governments Politics Essay. [online]. Available from:
https://www.ukessays.com/essays/politics/differences-of-unitary-and-federal-governments-politics-essay.php?cref=1 [Accessed 1 December
2016]
12
US History. Federalism. [online]. Available from: http://www.ushistory.org/gov/3.asp
13
Pia Ranada & Nico Villarete- Rappler
14
Pia Ranada & Nico Villarete- Rappler
15
Jameson W. Doig- Professor of Politics and Public Affairs, Emeritus
16
Jose V. Abueva- U.P. Professor Emeritus of Political Science
17
Andrew James Masigan--Political Analyst/Economist

Disadvantages of Federalism

Federalism is a system of government in which the same territory is controlled by two

levels of government. Generally, an overarching national government governs issues that affect
the entire country, and smaller subdivisions govern issues of local concern18.
Shifting our government system to Federalism has the following disadvantages:
1. A shift to federalism can lead to inequalities in economic and social aspect among
the regions of the Philippines which, in turn, could lead to unhealthy competition and
rivalries. This could enflame hostilities between ethnic groups in the country like
Tagalog, Cebuanos, Bicolanos, Ilocanos, Tausog, Zamboanguenos. It will challenge
the sense of unity which we need as a developing country.
At the current state of the Philippines, belonging to the third world countries, we need first to
strengthen our centralized government before shifting to Federalism. Local government is not
yet ripe to create its own laws and policies that will govern its own jurisdiction.

Conclusion

With the Philippines being an archipelago, regions have different cultures and languages
which have become a challenge to our centralized form of government.
As such, this group believes that federalism is the better form of government to rule the
nation. To transition from unitary to federalism, it is important to consider the constitutional
provisions in revising the Constitution. The 1987 Constitution provides that any amendment or
revision of the Constitution may be proposed by the Congress, upon a vote of three-fourths (3/4)

18

Federalism Legal Information Institute, Cornell University Law School. [online]. Available form: https://www.law.cornell.edu/wex/federalism

of all its members, or through a Constitutional Convention. Constitutional amendments may also
be directly proposed by the people through initiative upon a petition of at least twelve percent
(12%) of the total electorate represented by at least three percent (3%) of each legislative district.
On another note, some of our current great minds believe that one feature of a sustainable
federal state is economic independence and sustainability. Some established substrates may
not have the necessary resources (financial, physical, or human) to sustain its own economic
stability, thereby forcing it to rely on a national budget. A shift to federalism could jeopardize the
unified economic stability established by a single governing party as well as create imbalances
in the allocation of resources.