Q&A

PRIMER ON

FEDERALISM

COMM. RENE V. SARMIENTO (ret.)

48
“Government is itself an art, one of the subtlest “Politics, though often denigrated, remains a
of arts … It is the art of making men live lofty vocation and one of the highest forms
together in peace and with reasonable of charity, inasmuch as it seeks the
happiness.” common good.”

- - Felix Frankfurter - - Pope Francis

Associate Justice,
U.S. Supreme Court
(1882-1965)

2 47
10. Madison, J., Hamilton, A. and Jay, J. (1987). The
Federalist Papers, Penguin, Harmondsworth,
p. 259.
11. Maggay-Inciong, E. (2018, March 5). Copying
Federalism. Philippine Daily Inquirer, p. 15.
12. Miral, Jr., R. E. M. (2017): The Fiscal Imperatives
of Federalism to Ensure Equalization and
Sustainable Development. In Malaya, J. E. (Ed.),
The Quest for a Federal Republic (The PDP
Laban Model of Philippine Federalism 1.0)
(pp. 127-151). Konrad Adenauer Stiftung
Philippine Office.
13. Pimentel, A. (2016). FEDERALIZING the
Philippines. A Primer. Manila: Philippine
Normal University Press.
14 Unitary system of government, http://www.
chegg.com/homework-help.
46
INTRODUCTION
Federalism as a political philosophy, a system of government and a
constitutional construct is today uppermost in the minds of many Filipinos. It
is at the vortex of the ongoing national conversation on Charter Change that
seeks to reject the centuries-old unitary system of government.
We, Filipinos, who will be affected by this major constitutional shift
from a unitary form of government to federalism are compelled to ask. Is this
federalism good or bad for the country? Is this a bane or boon? Is it a curse or a
blessing?
To help in the ongoing discussion on federalism so that us Filipinos
will have a robust understanding of what is it all about, yours truly has decided
to prepare and print this Q & A PRIMER ON FEDERALISM with questions and
answers that include the origin of the word “federalism,” the history of
federalism in the Philippines and abroad, the models of federalism, the
advantages and disadvantages of federalism, the discussion on federalism in
the 1986 Constitutional Commission, what citizens can do in this current
national debate, etc.
The contents in this modest undertaking are not entirely novel but are
extracts from the thoughts and mighty pens of political scientists, scholars,
and jurists who had devoted their time and efforts to plumb the depths of
federalism and experiment its operationalization.
This Q & A Primer on Federalism is a labor of service and I humbly
dedicate this to the volunteers, friends and supporters of PPCRV. It is my
aspiration that this informational tool be followed by a Q & A Primer on
Unitary System of Government that I will also prepare so that Filipinos will be
guided when they deliberate and when they decide “pro” or “contra”
Federalism.
May this work be useful contribution to one and all.
God bless the Philippines!
Pasig City, April 4, 2018.
RENE V. SARMIENTO*
Professor of Law
San Beda University
 Professor of Law, San Beda University
 Lecturer, UP Law Center
3
 ACKNOWLEDGMENTS
My profound thanks to kind-hearted, great-
souled, patriotic Filipinos who helped me in the prep-
aration and printing of this Q & A Primer:
Chie B. Dela Cruz, Raquel R. Rola and Diane T. De
Juan of SSRC Law Firm;
Choi L. Jao, Tony R. Villasor and Agnes Bernardo of
PPCRV;
Tess G. Curia of the Board of Trustees of PPCRV;
Golda Abad Sarmiento for her effort to secure a
useful material on Federalism;
La Rainne Abad-Sarmiento for her priceless
suggestions.
4 45
REFERENCES
1. Amaral, E., Hutchcroft, P., Llanto, G., Malaya, J.,
Mendoza, R. and Teehankee, J. (2017).
DEBATE ON FEDERAL PHILIPPINES A Citizens
Handbook. Quezon City. Ateneo De Manila
University Press
2. American Federalism: Pasts, Present and
Future, http://www.usc.louisiana.edu
3. Bernas, J. (1995). The 1987 Constitution of the
Republic of the Philippines: A Commentary.
Quezon City. Rex Printing Co., Inc.
4. Butuyan, J. (2016, June 16). Federalism will
not solve corruption. Philippine Daily Inquirer,
p. A12.
5. Davide, H. (January 22 – February 4). Shift to
Federalism: A lethal experiment, a fatal leap, a
plunge to death, a leap to hell. CBCP Monitor,
p. B4.
6. Federalism, http://www.en.wikepedia.org./
wiki.
7. Gregory v. Ashcroft, 501 U.S. 452, 457 (199).
8. Habito, C. (2018, March 6). Federalism is not
heaven. Philippine Daily Inquirer, p. A12.
9. Lina, J. (2018, February 7). Federalism is
already in 1987 Constitution; no need to
change it. Manila Bulletin, p. 9.
and should not at any cost allow any foreign TABLE OF CONTENTS
invasion, with the assurance that the national
Government will not tolerate any attempt against Introduction 3
any part of its territory.
5. The Council shall recommend that all Acknowledgments 4
civil and military authorities watch over the What is Federalism? 9
freedom and interests of all, suppress any form
of abuse and see to it that the vices and defects of Where did the word “Federalism” 10
come from?
the old Spanish administration do not recur.
6. The Council shall transcribe these What is Federalism as a political 10
philosophy?
instructions for the Cantonal Government of the
Island of Negros for their implementation. What is the history of American 11-12
Federalism?
I have the pleasure of transmitting this to you, How many have a federal set-up of 12-13
assured of the good sense and patriotism of the Vi- government in the world’s 193
countries?
sayans.
What are the six common attributes of 13
Malolos, January 24, 1899. Federalism?
Do models of Federalism differ? 14

By Order. How is the American model different 14-16

from the Canadian and German models?
Ap. Mabini.
What is the history of Federalism in the 16-17
Philippines?
What is the system of government in the 20
1899 Malolos Constitution, 1935 Consti-
tution, 1943 Constitution, 1973 Consti-
tution, 1986 Freedom Constitution,
1987 Constitution?
What is the meaning of unitary system 20
of government?
What is the Philippine experience with 21-22
the unitary system of government?
44 5
Was Federalism discussed in the 1986
Constitutional Commission that drafted
the 1987 Constitution?
Was the adoption of local autonomy in
the 1987 Constitution, especially the
creation of autonomous regions in
Muslim Mindanao and the Cordilleras,
a rejection of Federalism?
What are the advantages of Federalism?
What are the disadvantages of Federalism?
How can we adopt a Federal government?
What are the two modes to revise the
1987 Constitution?
How is the 1987 Constitution revised
through a constituent assembly?
How is the Constitution revised through
a constitutional convention?
What is Executive Order No. 10,
December 7, 2016, issued by Pres. Ro-
drigo R. Duterte, in relation to Fed-
eralism?
What is the timetable of the Committee
to complete its work?
Were Members of the Committee already
named?
What did the Consultative Committee
decide to adopt as a model of Federalism?
Who are the advocates of the three
models of Federalism?
22 present ourselves to foreigners as a solid union, the
strongest defense against the ambitions of the
powerful. I am afraid I cannot explain at length
23 since the boat will be leaving soon and allows me
little time. I will limit myself to transmitting the
orders of the President of the Republic.
1. The Council shall designate special del-
23-24 egates to preside at the election of provincial coun-
cils and popular juntas, and representatives for each
25-26 of the provinces of the Island of Panay, in accord-
ance with the organic decree of last June 18, and to
26
swear in those who have been elected in the manner
26 provided by the Government. After this, those who
have been elected shall take provisional charge of
their offices until they receive their correspond-
26
ing titles, after the proceedings of this Government
have been approved.
26-27 2. The elected Representatives of each
province should avail of the first possible
27 opportunity to come to this capital to take part in
the work of the national assembly.
3. It should be endeavored to continue
collecting the contributions and taxes that were
27 imposed during Spanish times and these should be
administered in a manner satisfactory to the
27-28 contributors because these are the only resources
available for the support of the State until an
economic plan can be adopted.
28
4. The Council, together with the military
chiefs, should take special care of all matters
28 concerning the defense and security of the Visayas
6 43
 APPENDIX What are the features of these three 28-29
models of Federalism?

The President of the Federal Council of Iloilo Under a Federal-Presidential system of 29-30
government, what is the name of the
Republic of the Philippines?
Dear Sir:
Will there be a President in the Federal 30
Republic of the Philippines?
The national government of the Republic has
received the letters and documents regarding the Will there be a Vice-President in the 30
events that occurred there and has been informed Federal Republic of the Philippines?
of the Federal Council over which you preside, by How will they be voted for? 30
virtue of a motion presented by Mr. Francisco Vil-
lanueva, which alleges that it has received verbal in- Will there be a Legislative Department? 30-31
structions from the President of the Republic, Emil- What is the composition of the Senate? 31
io Aguinaldo. The Government, ignoring these in-
structions which had not been confirmed by the What is the composition of the House of 31
Representatives?
President, and limiting itself to the constitution of
the Federal Council, is convinced that this system, Will there be a Judicial Department? 31-32
besides being the most perfect among the Will there still be a Court of Appeals? 32
republican forms, is best suited to the topography of
our country; for this reason, it expects it to Who shall appoint the Members of the 32
predominate. The circumstances of having to Supreme Court and the Judges of the
lower court?
continue the struggle for Independence and the
promulgation of the political Constitution of the Will there still be a Sandiganbayan, 32-33
Philippine Republic voted on by Congress, even if Constitutional Commissions and
Ombudsman?
only provisionally until it is ratified by the
legitimate Representatives of Visayas and In a Federal system of government, 33
Mindanao, seem to suggest a form that will produce what are the proposed States in the
Philippines?
greater cohesion and solidarity in the interests of all
the different islands that make up this beautiful What will happen to Metro Manila? 33
archipelago and the establishment of a Central What are the possible criteria in the 33-34
Government to unite it. In this manner we would formation of States?

42 7
What are the territorial and political
subdivisions of the Federal Republic of
the Philippines?
What will be the division of powers be-
tween the Federal government and the
Regional governments?
What will be the status of government
and distribution of powers in the eleven
Sates?
What is the composition of State
Legislature?
How shall State Legislatures be elected?
How will the sectoral representatives be
nominated and appointed?
How shall the State Governor and State
Vice-Governor be elected?
Who will control the Philippine National
Police?
How will taxes be collected, shared and
divided?
What are the requisites for Federalism
to succeed?
Should citizens be interested in
understanding Charter Change?
What activities/initiatives can citizens
do to broaden and deepen a balanced
understanding of Federalism?
Appendix (Apolinario M. Mabini’s Letter
To The Federal Council of Iloilo, January
24, 1899)
References
34 Government is us through the principle of social
contract or social partnership. We have entrusted
government our rights and liabilities and in turn
34-36 government has the obligation to protect, support
and promote these rights and liberties.
36-37
52. What activities/initiatives can citizens do to
broaden and deepen a balanced under
37 standing of Federalism?
37-38 Ans. They can do a number of things like:
(1) attend forums on Federalism with speakers for
38 or against; (2) sponsor forums in schools, churches,
communities in cooperation with other groups/
38-39 organizations; (3) help distribute materials/
literature on Federalism; (4) watch talk shows on
39 television about Federalism; (5) observe proceed-
ings of the Constitutional Review Committee and
39-40 submit proposals/suggestions; (6) listen to radio
interviews or make yourself available for radio
interviews; (7) read materials on Federalism; (8)
40
hold inter-school debates on Federalism vs. Unitary
form of government; and, (9) pray for a peaceful
40-41 and meaningful Charter Change.
41
42-44
45-46
8 41
 Second, the taxing powers of the national
government and provincial, city and municipal
governments will not change. The regional govern-
ments will get a constitutionally guaranteed
allocation of budget that allows them to find their
growing responsibilities.
Third, adoption of credible fiscal controls
namely, budgetary balance, taxation and spending,
and credible penalties for entrancement (Id., p. 70).
50. What are the requisites for Federalism to
succeed?
Ans. They are: (a) understanding the models
of federalism and in many countries and history of
successes and failures; (b) strict constitutional
limitations on political dynasties; (c) dismantling
of private armies; (d) strengthening of political
parties; (e) reinforcing electoral reforms on
campaign finance, empowerment of the marginal-
ized and vulnerable, party-list system, political
campaigns, etc.; (f) fortifying the civil service
system.
51. Should citizens be interested in
understanding Charter Change?
Ans. Yes. The new system of government and
the election of leaders under this new set-up will
impact the lives, future and fortunes of us Filipinos.
40
1. What is Federalism?
Ans. Federalism is a system of government
with two levels of government controlling the same
territory. These two are: (a) an overarching national
government governs issues that affect the entire
country, and (b) smaller subdivisions govern issues
of local concern. Both the national government and
the smaller political subdivisions have the power to
make laws and both have a certain level of au-
tonomy from each other. The United States has a
federal system of governance consisting of the
national or federal government, and the govern-
ment of the individual states. [Gregory vs. Ashcroft,
501 U.S. 452, 457 (1991)]
Federalism is the mixed or compound mode of
government, combining a general government (the
central or 'federal' government) with regional
governments (provincial, state, cantonal, territorial
or other sub-unit governments) in a single political
system. Its distinctive feature, exemplified in the
founding example of modern federalism by the Unit-
ed States of America under the Constitution of 1787,
is a relationship of parity between the two levels of
government established. It can thus be defined as
a form of government in which there is a division of
powers between two levels of government of equal
status (Madison, J, Hamilton, A. and Jay, J., 1987, p.
259).
9
2. Where did the word “Federalism” come
from?
Ans. Federalism comes from the Latin word
“foedus” meaning “treaty”, “pact” or “covenant.” A
covenant is an agreement where people consent to
form a union for common objectives while
preserving their rights or identities.
3. What is Federalism as a political philoso-
phy?
Ans. The meaning of federalism, as a political
movement varies with country and historical con-
text. Movements associated with the establishment
or development of federations can exhibit either
centralizing or decentralizing trends. For example,
at the time those nations were being established,
factions known as “federalists” in the United States
and Australia advocated the formation of strong
central government. Similarly, in European Union
politics, federalists mostly seek greater EU integra-
tion. In contrast, in Spain and in post-war Germany,
federal movements have sought decentralisation:
the transfer of power from central authorities to
local units. In Canada, where Quebec separatism
has been a political force for several decades, the
“federalist” impulse aims to keep Quebec inside
Canada (Federalism, http://www.en.wikepedia.
org./wiki).
10
located in the State.
The Rules governing the election of the Pres-
ident and the Vice-president as members of the
same political slate or ticket apply where
appropriate to the manner of electing the State
Governor and the State Vice-Governor (Id., p. 241).
48. Who will control the Philippine National
Police?
Ans. The Philippine National Police shall
remain national in scope, civilian in character, and
under the authority of the federal government. This
is to avoid local partisan politics affecting police
employment, appointments, assignments and
promotions. This is also to avoid some local politi-
cians using the police as private armies (Malaya,
2017, p. 70).
49. How will taxes be collected, shared and
divided?
Ans. Three ways. First, the tax system will
follow widely held principles of an efficient tax
system, namely, stationary revenue sources such as
property and business taxes shall go to the regional
government while mobile sources such as value
added tax, customs, tax on national wealth, excise
taxes shall be collected and reallocated by the
federal government.
39
vote of the Opposition or Coalition of Opposition
Parties (Id., p. 208).
46. How will the sectoral representatives be
nominated and appointed?
Ans. Yes, the sectoral representation coming
from the farming, fisheries and senior citizens
sectors as provided herein shall be nominated by
the sectors concerned within seven days after the
elections of the members of the Sangguniang Pan-
lalawigan and the Sangguniang Panlungsod. They
shall be appointed by the State Governor within one
week after the submission of the nominations to
his or her office by the Sangguniang Panlalawigan
and the Sangguniang Panlungsod concerned within
fifteen days after their first session.
Only groups of farmers, fisherfolk and senior
citizens that are duly registered with the State
Social Welfare department or office shall qualify for
the nomination by the sectors concerned and for
appointment by the State Governor (Id., 2016, pp.
208-209).
47. How shall the State Governor and State Vice
-Governor be elected?
Ans. The State Governor and the State Vice-
Governor shall be elected by the qualified voters of
the provinces, cities, municipalities and barangays
38
4. What is the history of American Federalism?
Ans. The framers of the 1787 U.S. Constitu-
tion rejected both confederal and unitary models of
government. Instead, they based the new American
government on an entirely new theory: federalism.
In a confederation, the member states make up the
union. Sovereignty remains with the states and
individuals are citizens of their respective states,
not of the national government. In a unitary system,
the national government is sovereign and the states,
if they exist at all, are administrative arms of the
central government. In the American federal sys-
tem, the people retain their basic sovereignty and
they delegate some powers to the national govern-
ment and reserve other powers to the states.
Individuals are citizens of both the general govern-
ment and their respective states.
This history is important for two reasons. First,
the American federal system is not simply a
decentralized hierarchy. The states are not
administrative units that exist only to implement
policies made by some central government. The
states are fully functioning constitutional polities
in their own right, empowered people to make a
wide range of policies for their own citizens.
Second, the framers expected that the states would
be the principal policymakers in the federal system.
The powers granted to the federal government are
relatively few in number and deal mainly with
foreign and military affairs and national economic
11
issues. Most domestic policy issues were left to the
states to resolve in keeping with their own histories,
needs and cultures (American Federalism: Past,
Present and Future, http://www.usc.louisiana.edu).
5. How many have a federal set-up of
government in the world’s 193 countries?
Ans. Twenty-five of the world’s 193
countries, which represent 40 per cent of the
world’s population, have a federal set-up. Examples
are:
1. Argentina (Argentine Republic)
2. Australia (Commonwealth of Australia)
3. Austria (Federal Republic of Austria)
4. Belgium (Kingdom of Belgium)
5. Bosnia and Herzegovina (The Republic of
Bosnia and Herzegovina)
6. Brazil (Federative Republic of Brazil)
7. Canada
8. Comoros (Union of the Comoros)
9. Ethiopia (Federal Democratic Republic of
Ethiopia)
10. Germany (Federal Republic of Germany)
11. India (Republic of India)
12. Malaysia (The Federation of Malaysia)
13. Mexico (United Mexican States)
14. (The Federated States of) Micronesia
15. Nigeria (Federal Republic of Nigeria)
16. Pakistan (Islamic Republic of Pakistan)
17. Russia (Russian Federation)
12
Ans. The legislative power in the States shall
be vested in the unicameral State Legislatures. The
state executive power shall be vested in the State
Governor. There shall be a State Vice-Governor who
shall have the same qualifications as the State
Governor.
44. What is the composition of State
Legislature?
Ans. Every State Legislature shall be
composed of three representatives for each
province and each city located within the territorial
boundaries of the State who shall be elected by the
members of the Sangguniang Panlalawigan and
Sangguniang Panlunsod from among their
members. In addition, three representatives coming
from the sectors of the farmers, fisherfolk and the
senior citizens shall be nominated and appointed by
the sectors concerned and appointed by the State
Governor (Pimentel, 2016, p. 209).
45. How shall State Legislatures be elected?
Ans. Within one week after their assumption
of office, the members of the Sangguniang Pan-
lalawigan and the Sangguniang Panlunsod shall
elect from among themselves their representatives
to the State Legislatures. Of the three State
legislators representing each province and each city,
at least one, shall be nominated by a majority
37
These powers that should be arranged between
the federal and regional governments are: law
and order, and the police; administration of justice;
education (DepEd, CHEd, TESDA); energy;
sustainable use and management of natural re-
sources; labor relations, benefits, and standards; de-
velopment of special economic zones, including
grant of incentives; social security; health policy
and standards; price controls and product
standards; agriculture, fisheries, and veterinary
quarantine standards; monitoring and enforcement
of pollution standards; social welfare and develop-
ment; agriculture and food security; sports develop-
ment; disaster risk reduction and management,
relief and rehabilitation; Human rights; infrastruc-
ture development (roads, bridges, and other civil
works); strategic transportation (airports,
seaports, national railways, highways, shipping
lanes) that otherwise cannot be undertaken alone
by the regional government; communications
(allocation of spectrum, franchising and regulation
of all types of communication and digital service
providers, internet/cloud regulation and cyber
security, international connections); transportation
infrastructure, traffic control and safety; food and
drug safety administration (Malaya, 2017, pp. 74-
76).
43. What will be the status of government and
distribution of powers in the eleven States?
36
18. St. Kitts and Nevis (Federation of St. Kitts
and Nevis)
19. Serbia and Montenegro (State Union of
Serbia and Montenegro)
20. South Africa (Republic of South Africa)
21. Spain (Kingdom of Spain)
22. Switzerland (Swiss Confederation)
23. United Arab Emirates
24. United States of America
25. Venezuela (Bolivarian Republic of
Venezuela)
Belgium shifted from unitary to federal form
in 1993. South Africa adopted the federal form post-
apartheid in 1996. Spain, while unitary in form, is
federal in practice under its 1978 Constitution
(Teehankee, 2017, p. 13).
6. What are the six common attributes of
Federalism?
Ans. The six common attributes of Federal-
ism are as follows: (1) Distribution of powers
between central and constituent units; (2) The
participation of constituent units in central decision
-making; (3) The constitutional autonomy of con-
stituent units; (4) Accommodation of diversity; (5)
Fiscal equalization; and, (6) Intergovernmental
instruments (Pimentel, 2016, p. xxix).
13
7. Do models of Federalism differ?
Ans. Yes. There are models of federalism
depending on institutional choices. These are
(a) a federation can emerge on the basis of
cultural (multinational) diversity or territorial
division of power; (b) federal systems may adopt a
presidential or parliamentary form of government;
(c) second chambers can be composed of either
senators representing regional populations or
council members representing regional govern-
ments; (d) powers of subnational governments can
be either legislative, in which they make their own
laws or administrative, in which they implement
and administer national laws (Teehankee, 2017, pp.
14-15).
8. How is the American model different from
the Canadian and German models?
Ans. There are differences. In the American
model, federalism combined with a presidential
form of government with divided legislative powers
and a senate as a second chamber. In the Canadian
model, federalism combined with a parliamentary
form of government and similarly uses legislative
divisions of power. The combination of federalism
and parliamentarism were common with former
British colonies that became federations, such as
Australia and India. In the German model,
federalism combined with a parliamentary form of
government but differentiated with a council-type
14
The regional government is responsible for
the region and for providing basic services to its
constituents. It will be responsible primarily for:
regional planning, land use and development; local
government general supervision; housing; water
supply, sanitation, and sewage; tourism promotion
and development; waste management; fire
protection; road traffic management; in Metro
Manila, the regional government will now be in
control of all roads and traffic management and will
be given more powers to address the traffic
problem; attraction of local and foreign investors;
irrigation; hospitals, clinics, and day care centers;
construction and maintenance of education infra-
structure; watersheds, lakes, municipal fisheries,
and protected areas; ancestral domains of
indigenous peoples; energy development and
transmission within the region (geothermal, small
hydro, wind, solar, and other forms of energy); road
development within the region; flood control;
establishment and regulation of regional govern-
ment corporations; regional transportation
networks (trains, airports, seaports, regional road
networks); all other functions already devolved to
local governments under the Local Government
Code; in cases where there will be overlaps among
regional governments, they, not the national
government, will be responsible for resolving these
overlaps.
However, there are areas for power-sharing
between the federal and the regional governments.
35
 Ans. They are:
(a) The economic, financial capacity, and
resources of the proposed region;
(b) Ethnic, language, or cultural basis;
(c) Proximity of the provinces and cities
forming the proposed region;
(d) Cooperation and acceptability between
and among local leaders.
Malaya, 2017, p. 69.

41. What are the territorial and political

subdivisions of the Federal Republic of the
Philippines?
Ans. There are seven, namely, the States,
Federal Administrative Region, Autonomous
Regions, provinces, cities, municipalities, and ba-
rangays (Pimentel, 2016, p. 247).

42. What will be the division of powers

between the federal government and the
regional governments?
Ans. The federal government is responsible
for the nation as a whole. It will be solely
responsible for: defense; national security;
foreign policy; currency, banking, and monetary
policy; customs and national taxation; and, interna-
tional trade.
Malolos Congress
34 15
second chamber and by its administrative division Commission on Audit (Id., pp. 185, 192).
of power. This model takes its roots from the Eu-
ropean continental tradition (Ibid).
38. In a Federal system of government, what are
the proposed States in the Philippines?
9. What is the history of Federalism in the
Philippines? Ans. They are:

Ans. Federalism is not new to Filipinos. It has 1. The State of Northern Luzon
long been advocated as a new government structure 2. The State of Central Luzon
in the Philippines. In “Las Filipinas Dentro de 3. The State of Southern Tagalog
Cien Anos” (The Philippines a Century Hence), 4. The State of Bicol
published in La Solidaridad in 1889-1890, Jose 5. The State of Minparom
Rizal wrote “[once liberated] the islands will adopt 6. The State of Eastern Visayas
probably a federal republic.” In 1898, the 7. The State of Central Visayas
provisional revolutionary government of Negros 8. The State of Western Visayas
headed by Aniceto Lacson established the 9. The State of Northern Mindanao
Gobierno Republican Federal del Canton de Ysla de 10. The State of Southern Mindanao
Negros, or the Federal Republican Government of 11. The State of BangsaMoro
the Canton of Negros Island. Later, it recognized the Id, 2016, p. 13.
authority of the Malolos Republic headed by Emilio
Aguinaldo and issued a certification that the Negros
Canton was a part of the Philippine Republic. Hence, 39. What will happen to Metro Manila?
the Negros Canton was seen as a precursor for a
nascent Federal Philippine Republic (Aguilar 2000). Ans. Metro Manila shall be the Federal
Administrative Region of the Federal Republic like
Another initiative was made with the Kuala Lumpur in Malaysia, New Delhi in India and
establishment of the Federal State of Visayas in San- Canberra in Australia as loose models (Id., p. 14).
ta Barbara, Iloilo, headed by General Martin Delga-
do. In 1899, in the drafting of the Malolos Constitu-
tion, Apolinario Mabini and Emilio Aguinaldo con- 40. What are the possible criteria in the
sidered adopting a federal system representing the formation of States?
three islands of Luzon, Visayas, and Mindanao. An-
16 33
by the Constitution (Id., p. 183).
35. Will there still be a Court of Appeals?
Ans. No. The Court of Appeals will now be
called Intermediate Appellate Court. The Supreme
Court shall assign a division of the Intermediate
Appellate Court to hold office permanently in every
State (Id., p. 184).
36. Who shall appoint the Members of the
Supreme Court and the Judges of the lower
court?
Ans. The Members of the Supreme Court and
Judges of the lower courts shall be appointed by the
President from a list of, at least, three nominees
prepared after appropriate public hearings by the
Integrated Bar of the Philippines and approved by
the Commission on Appointments pursuant to its
rules (Id., p. 189).
other proposal called for the establishment
of ten federal states distributed among the three is-
land groups: four in Luzon, three in Visayas, and
three in Mindanao, with one state reserved for the
Muslim communities. The realities of war and the
need for a unified front against the American colo-
nizers prevented the establishment of the Federal
Republic. Under American colonial rule, a group of
Filipinos submitted a draft constitution in
1899 that outlined a Federal Republic com-
posed of eleven states. In 1900, Isabelo de los
Reyes proposed that number of states be reduced to
seven. These proposals were rejected by the Ameri-
can colonial forces, since a highly decentralized
republic would make it difficult for them to control
the archipelago (Coronel 2005; Cureg and Matund-
ing 2006) (Id., pp. 22-23).

37. Will there still be a Sandiganbayan,

Constitutional Commissions and Ombuds-
man?
Ans. Yes. It will be called Sandiganbayan and
Ombudsman. The Constitutional Commissions will
be called the Federal Civil Service Commission, the
Federal Commission on Elections and the Federal
1935 ConCon
32 17
 State and House of Representatives (Id., p. 152).

32. What is the composition of the Senate?

Ans. The Senate shall have seventy-five
members. Every State shall be represented by six
senators elected by the qualified voters in state-
wide elections. Citizens overseas shall be represent-
ed by nine senators elected by the qualified voters
working or residing in foreign countries as defined
by law (Id., p. 153).

33. What is the composition of the House of

Representatives?
Ans. The House of Representatives shall be
composed of not more than three hundred fifty
members. Three hundred representatives shall be
elected from legislative districts with, at least,
250,000 population in the States apportioned
among the provinces, cities, and the Federal
Administrative Region of Metro-Manila coming
from contiguous areas, and fifty representatives
shall be elected through a party-list system of
registered federal or regional sectoral parties or
organizations (Id., p. 159).

34. Will there be a Judicial Department?

Ans. Yes. The Supreme Court exercise the
1971 ConCon powers and discharge the functions vested upon it
18 31
 Ans. It will be called the Federal Republic of
the Philippines (Pimentel, 2016, p. 13).

28. Will there be a President in the Federal

Republic of the Philippines?
Ans. Yes. The executive power shall be vested
in the President of the Philippines (Id., p. 176).

29. Will there be a Vice-President in the Federal

Republic of the Philippines?

Ans. Yes. Under the Federal Republic his qual-

ifications will be the same as those of the President
(Id., p. 177).

30. How will they be voted for?

Ans. The President and the Vice-President
shall be voted for as a team. The vote for a pres-
idential candidate shall automatically counted as a
vote for his or her vice-presidential candidate if the
latter belongs to the same party or coalition of par-
ties as the case may be (Id., p. 178).

31. Will there be a Legislative Department?

Ans. Yes. Except for the power reserved to the
State and to the people, the federal legislative power
is vested in the Congress, which shall consist of a 1986 ConCom
30 19
10. What is the system of government in the
1899 Malolos Constitution, 1935 Constitu-
tion, 1943 Constitution, 1973 Constitution,
1986 Freedom Constitution, 1987 Constitu-
tion?
Ans. Unitary system of government.
11. What is the meaning of unitary system of
government?
Ans. A unitary system of government, or
unitary state, is a sovereign state governed as a
single entity. The central government is supreme,
and the administrative divisions exercise only
powers that the central government has delegated
to them. Subdivisional units are created and
abolished, and their powers may be broadened and
narrowed by the central government. The United
Kingdom, for example, is a unitary state, as its
constituent countries — England, Scotland, Wales,
and Northern Ireland — have no power to challenge
the constitutionality of acts of Parliament. Unitary
states contrast with federal states, such as the Unit-
ed States, in which power is shared between the
federal government and the states. (The states
themselves are unitary.) More than 150 countries
are unitary states, including France, China, and
Japan (Unitary system of government, http://
www.chegg.com/homework-help).
20
parliamentary system envisions eleven states, a
president as the symbolic head of the state, a
powerful prime minister who is the head of the
government, and a bicameral parliament. This mod-
el is patterned largely after the German federal set-
up.
The model proposed by former Sen. Aquilino
“Nene” Pimentel, Jr. calls for the establishment of
eleven states and one federal administrative region,
a federal presidential government (President and
Vice-President) with a bicameral Congress (Senate
and House of Representatives). This model is sim-
ilar to the American model.
The federal-semi-presidential model or the
hybrid semi-presidential model establishes eleven
regions, a bicameral parliament, and a dual
executive where powers are shared by a president
and a prime minister. Aside from adopting
federalism, it proposes a shift for a parliamentary
form, with the members of the second chamber, the
Senate, popularly elected in the regions. It also
proposes the institutionalization of a French-style
semi-presidential system with powers clearly
delineated between the president and prime minis-
ter (Teehankee, 2017, p. 24).
27. Under a Federal-Presidential system of
government, what is the name of the
Republic of the Philippines?
29
Committee chaired by former Chief Justice Reynato
Puno.
24. What did the Consultative Committee
decide to adopt as a model of Federalism?
Ans. From a choice of three models (federal-
presidential system, federal-parliamentary system
and federal-hybrid), the Committee decided to
adopt the federal-presidential system.
25. Who are the advocates of the three models
of Federalism?
Ans. The federal-presidential model is out-
lined in Senate Resolution No. 10 introduced in
2008 by former Sen. Aquilino “Nene” Pimentel, Jr.
The federal-parliamentary model is advocated by
former U.P. President Jose V. Abueva and the Cit-
izens’ Movement for a Federal Philippines (CMFP)
and the federal-semi-presidential model or hybrid
semi-presidential model endorsed by current
Senate President Aquilino “Koko” Pimentel III, PDP-
Laban Federalism Institute and House Speaker
Pantaleon Alvarez (Ibid.).
26. What are the features of these three models
of Federalism?
Ans. The Abueva model of federal-
28
12. What is the Philippine experience with the
unitary system of government?
Ans. The Philippines has experienced an
overconcentration of political and administrative
powers in Manila, which prevents full support and
services from benefitting the farthest reaches of the
country. Moreover, the unitary state has stunted
growth in the different regions. Although there have
been several incremental attempts to decentralize
the unitary state. These include the 1959 Act
Amending the Laws Governing Local Governments
by Increasing their Autonomy and Reorganizing
Provincial Governments (Republic Act 2264), the
Barrio Charter Act of 1960 (Republic Act 2370), the
Decentralization Act of 1967 (Republic Act 5185),
the Local Government Code of 1983 (Batas
Pambansa Bilang 337), the 1987 Constitution, and
the Local Government Code of 1991 (Republic Act
7160) (Brillantes and Moscare 2002).
The unitary state is a vestige of our colonial
past. The centralized system of government was
entrenched under three colonial rules: Spain from
1521 to 1896, the United States from 1899 to 1941,
and Japan from 1941 to 1945. By the time the
country gained its independence in 1946, the
unitary state institutionalized the logic of extraction
to serve the ruling elite and their colonial masters
(Brillantes and Moscare 2002; Reyes 2016). Moreo-
ver, the unitary government in the Philippines has
continuously superimposed the concept of “one-
nation, one-state,” conveniently overlooking the
21
existence of ethnolinguisitically distinct societies
among the Filipinos (Buendia 1989, 131).
The American colonial government accepted
the conclusion of the Schurman Commission that
“there is no Philippine people . . . [but rather] more
than eighty different tribes, speaking more than six-
ty different languages . . . [occupying] hundreds of
islands” (cited by Anastacio 2016, 39). The Ameri-
cans deemed their newly-acquired territory
“incapable of self-government.” They adopted the
Spanish colonial infrastructure that was essentially
established for revenue extraction. It also restored
the same elite families to their preeminent socio-
economic roles and retained the central role of
Manila in overseeing the activities of the local
government units. These colonial legacies that
found form in the unitary state would be
institutionalized in the 1935 Constitution, and later
revived in the 1987 Constitution (Anastacio 2016)
(Id., pp. 9-11).
13. Was Federalism discussed in the 1986
Constitutional Commission that drafted
the 1987 Constitution?
Ans. Yes. But the 1986 Constitutional
Commission adopted local autonomy or in the
words of Commissioner Blas F. Ople, “a kind of max-
imum decentralization” (Bernas, 1995, pp. 723-
724).
22
Ans. Congress shall pass a resolution for the
convening of the constitutional convention whose
members shall be elected by the people.
21. What is Executive Order No. 10, December 7,
2016, issued by Pres. Rodrigo R. Duterte, in
relation to Federalism?
Ans. It created a Consultative Committee
tasked to study, conduct consultations and review
the provisions of the 1987 Constitution including,
but not limited to, the provisions on the structure
and powers of the government, local governance
and economic policies.
22. What is the timetable of the Committee to
complete its work?
Ans. The Committee shall endeavor to
complete its work on or before the lapse of six (6)
months from the date it is convened. The written
report and recommendations will be submitted to
Pres. Rodrigo R. Duterte who will then forward it to
Congress for adoption or rejection.
23. Were Members of the Committee already
named?
Ans. Yes. On January 24, 2018, Pres. Duterte
appointed 19 of the 25 members of the Consultative
27
nation through tests of fire: the Filipino-American
War (1898-1902), World War II against Japan
(1941-1944), rebellion, coup attempts and war in
Marawi (Maggay-Inciong, 2018, A15).
17. How can we adopt a Federal government?
Ans. The 1987 Constitution has to be
changed by way of revision. Revision is a major
change in the 1987 Constitution. The structure of
government will be changed.
18. What are the two modes to revise the 1987
Constitution?
Ans. First, is by Congress convening itself in-
to a constituent assembly. Second, by a con-
stitutional convention called by Congress.
19. How is the 1987 Constitution revised
through a constituent assembly?
Ans. Three-fourths (3/4) vote of all the
members of Congress as a constituent assembly
is required to propose changes in the 1987
Constitution.
20. How is the Constitution revised through a
constitutional convention?
26
14. Was the adoption of local autonomy in the
1987 Constitution, especially the creation of
autonomous regions in Muslim Mindanao
and the Cordilleras, a rejection of federal
ism?
Ans. No. Commissioner Jose N. Nolledo,
Chairman of the Committee on Local Governments
of the 1986 Constitutional Commission, expressed
in his sponsorship speech that the creation of au-
tonomous regions in Muslim Mindanao and the Cor-
dilleras, is “opening an avenue towards federaliza-
tion of the Republic of the Philippines should Con-
gress decide to do so in the future” (Id., p. 664).
15. What are the advantages of Federalism?
Ans. The advantages are as follows:
(a) The sharing of powers in a federal
system will ensure that the federal states will have
ample powers to develop their own social,
economic, and political potentials. With adequate
powers vested in them, the federal states will be
able to modernize themselves. As they modernize,
the political stability of the whole country will be
strengthened (Pimentel, 2016, pp. 445-446).
(b) The creation of a BangsaMoro Federal
State is the only constitutional and legal means of
dissipating the causes of Muslim rebellions and of
laying the foundations of a just and lasting peace in
23
Mindanao. The adoption of the federal system of
government will enable the BangsaMoro a fuller
opportunity to promote their own identity and
culture and their own economic development at
their own pace without the need of seceding or
declaring their independence from the republic
(Pimentel, 2016, p. 478).
Federalism can help temper the risk of
armed conflict and help mitigate risks of secession
(Mendoza, 2017, p. 46).
(c) The concentration of power and
resources in the President of the Philippines over
fiscal resources and appointments in the
bureaucracy can be used to secure economic rents
and accumulate wealth which can be easily abused,
ushering in corruption. When corruption reaches
intolerable limits, political conflicts intensify and
instability emerge (Miral, 2017, p. 128).
(d) The Philippine experience under a
unitary system of government limits the space for
local governments to take initiatives and become
self-reliant (Teehankee, 2017, p. 11).
(e) In a unitary government, the people are
ruled by dynasties, run by economic elite,
threatened by criminal syndicates. Far more
difficult to capture powers of government in a
federal state than a unitary state (Puno, 2016).
24
16. What are the disadvantages of Federalism?
Ans. The disadvantages of Federalism are
as follows:
(a) Establishing a multilayer of government
structure consisting of central and regional govern-
ments will be costly, creating an enlarged and bloat-
ed bureaucracy (Davide, 2018, p. B4).
The Philippine Institute for Develop-
ment Studies (PIDS) puts the additional cost in the
range of P44-72 billion, not even counting changes
in the judiciary, if there is a shift to a federal system
(Habito, 2018, p. A12).
(b) Federalism will strengthen political
dynasties in the regional governments, perpetrate
themselves in power and amass vast wealth thru
corruption (Butuyan, 2018, p. A12).
(c) Federalism will make the poor poorer
because they will be burdened with taxes of all
kinds to support and maintain the Federal central
government and regional governments (Davide,
2018, p. B4).
(d) The principle of federalism – local au-
tonomy, subsidiarity and decentralization – are al-
ready in the 1987 Constitution. What needs to be
done is to operationalize these principles of
federalism (Lina, 2018, p. 9).
(e) The unitary system has carried this
25