PDP Laban's Proposed Amendment To THR 1987 Philippine Constitution Under Duterte Administration

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The government of the Philippines had always been unitary due

to the foreign colonizers who saw that the fastest way to subjugate the
natives was to set-up a highly-centralized system in an imperial
capital which happens to be Manila. In 1946 the archipelago consisting
of diverse cultures finally gained its independence, thus carrying over
the unitary system leading the Philippines to become a Republic.
Due to the passing of time, the disadvantages of the unitary
system became visible in the country. Power was being concentrated in
the "center" alone limiting the development in other regions. There has
been an imbalance of the distribution of resources among regions and
LGUs in the country that leads to social unrest with various groups
arming themselves to fight against the system. The PDP Laban Party
list - the president's party saw that there is a need for change, thus,
they have proposed an amendment to the 1987 Constitution.
The party list believes that having a highly
centralized form of government is the reason of the
economic deterioration of the country and that the only
way to bring about equitable and widespread
development in the Philippines is for the central
government to share power, political and economic, with
the regions and LGUs - a federal type of government.
qA system of governance that is adopted by many nations
such as the US, Germany, Australia, and Malaysia to keep
their state strong and progressive while allowing different
communities within their countries to collaborate for the
common good.

qIn July 2018, President Rodrigo Duterte in his State of the


Nation address endorsed a draft federal constitution,
prepared by a Consultative Committee, to the Philippine
Congress. The PDP Laban Party list - the President's party
preferred to convene Congress into a constituent assembly
and start with the work of revising the 1987 Constitution
immediately. On July 3, 2018, the final draft of a proposed
federal charter was approved unanimously and it was
submitted to Duterte on July 9. The
Create a regional level government that will
allow provinces and HUC’s to work together
Accelerate the economic development of the
regions
Activate the regions’ participation in national
decision making
Achieve “Peace in Mindanao”
Allow the preservation of the culture and
language of the various ethno-linguistic groups.
ØThrough Federalism, we foresee the
achievement of a Philippine society which
is:
vJust and Fair
vSaves and Shares
vScientific and Objective
vPeaceful and Democratic
vEducated and Healthy
vHappy and Free
vwith overflowing Love of God and
country.
A shift to a Federal Government with a Semi-
Presidential System or a Hybrid Parliamentary System
similar to the governments in Taiwan, South Korea,
Portugal and to a certain extent, France.
FEDERALISM
ØThere shall be two (2) established
orders of government, each of which
is primarily accountable to its
respective electorates:
vFederal Government
vRegional Government
ØEach level of government will have
their particular jurisdiction.
ØCreation of more
politically and
economically effective
administrative structure
based on 12 regions
with its own Regional
Government.
Concerns the entire nation
ØDefense
ØNational Security
ØForeign Policy
ØCurrency, Banking, and
Monetary Policy
ØCustoms and national taxation
ØInternational Trade
Basic service to the people
ØResponsible for the development of
the regions and for providing basic
services to its constituents such as:
vRegional planning, land use and
development
vGeneral supervision of local
governments
vHousing
vWater supply, sanitation and
sewage
vWaste management
vFire protection
vRoad traffic management
vIrrigation
vHospitals, clinics and day care
centers
vEducation infrastructure
Basic service that is best provided
under a national standard.
ØLaw and Order, and Police
Administration of Justice
ØEducation (Basic, Higher, and
Technical)
ØEnergy
ØSustainable Use and Management
of Natural Resources
Ø Labor Relations, Benefits, and
Standards
ØSocial Security
ØHealth Policy and
Standards
ØPrice Control and Product
Standards
ØSocial Welfare and
Development
ØAnd many more
All residual powers are retained by the
Federal Government but may be
delegated to the regional governments
Semi-Presidential
System
Semi-Presidential ØPDP Laban proposes a hybrid
or Parliamentary system for the Executive-Legislative
System Set-Up
ØThey adopt the advantages of the
parliamentary system while
respecting our preference for a
president at the helm
ØUnder this system, the Philippines
will have a President and a Prime
Minister.
vHead of state
vDirectly elected by the
people
vSymbol of unity of the
nation
vResponsible for nation
defense and foreign affairs
vCommander in Chief of the
armed forces
vChief Diplomat
The President can:
üVeto acts of parliament
üAppoint members of the judiciary
üAppoint Prime Minister
üDissolve the federal assembly
depending on certain conditions
üCall for new elections
ØHead of Government
ØElected by the House of
Representative/National Assembly, and
formally appointed by the President
ØHe “runs the government” and is
responsible for domestic and
economic policy
ØAppoints the members of the Cabinet
and all other officials not within the
powers of the President
ØThere is no need for the position of
Vice President but the position can
be retained if this is the wish of the
Filipino people
ØIf the position of VP is retained the
following is proposed
vThe vote for the President is
also a vote for his VP
vThe VP shall have real work, as
Presiding Officer of the
Senate
ØPDP Laban proposed a bicameral
legislature with a Senate and a House
of Representatives/National Assembly
ØThe Senate shall represent the Regions
while the lower house represents the
population.
ØThe number of senators per region can
be from 3 to 7
ØReview all legislation coming from the Federal
Assembly. 1 reading only. Senate may not
initiate legislation.
ØConcur in treaties and international agreements
and share with the President the responsibility
of conducting our Foreign Affairs
ØConfirm appointments made by the President
and by the Prime Minister which under the
Constitution or law need confirmation
ØAct as an impeachment court for impeachable
officials
ØPropose amendments to the Federal
Constitution
ØThe tax system shall follow widely held
principles of an efficient tax system
ØThe taxing powers of the national and
local governments will not change
ØRegional Governments should get a
constitutionally guaranteed allocation of
budgets that allows them to funds their
responsibilities
ØIncreased powers and resources to the
Regional and Local Governments should
be balanced by greater accountability
ØFederalism requires credible fiscal
controls
ØEach level of government shall be
vested within sufficient revenue powers
that will enable them to perform their
respective responsibilities
ØIncrease the revenue share of the
regional/local governments from 17% to 60%
and decrease that of the National Government
from 83% to 40%
ØThe Federal Government shall allocate 20% of
the total public budget to the “Equalization
Program” to fund:
vUnconditional General-Purpose Grants
(IRA);
vConditional and Matching Grants tied to
national priorities
ØIncrease local share of revenues from the
national wealth from the current 40% to 50%
The Package of Reforms to make
Federalism succeed:
vMake the anti-dynasty provision in
the Constitution self-executing
vSupport the development of strong
and cohesive political parties by
penalizing political butterflies
vProvide budget support to political
parties just like in mature
democracies
vInstitute a system of proportional
representation
vRaise the requirements for presidential
candidates
vStrengthen the powers of the COMELEC,
CSC, COA, Ombudsman and
Sandiganbayan and ensure their strong
presence in every region
Transition For federalism to success a
three-step transition process was
Mechanism proposed. This is necessary to
to a Federal guarantee that Regional Governments
System and their component Local
Government Units are capable and
ready to assume the devolved
authorities and responsibilities from
the Federal Government.
Step 1
Regional and Local Government Code (RLGC) - eighteen
months from the ratification of the amendments to the 1987
Constitution
vThe RLGC shall define the powers, functions, and
responsibilities of Regional Governments and their
constituent LGUs.
vProvides the taxing powers and other sources of funds
of the Regional and Local Governments.
vShall provide an Equalization Fund which shall replace
the Internal Revenue Allotment (IRA).
Step 2
Regional Commissions – Regional and Local Government Code
is passed.
vRegional Governments in the interim shall be governed
through Regional Commissions.
vRegional Commission shall be composed of the
incumbent Governors of Provinces and Mayors of Highly
Urbanized Cities and Independent Component Cities
within the Region.
vChairmanship of each commission shall be by rotation
among its members for a term of one-year term.
Step 3
Regional Organic Act - within 5-10 years from the establishment of the
Regional Government
vRegional Commission shall submit to Parliament for approval
a proposed Regional Organic Act more responsive to the needs,
culture, and aspirations of the region.
vThe basic structure of government for the region consisting of
an Executive Department headed by a Chief Minister and a
Regional Assembly composed of elected representatives from
each province and city. Chief Minister shall be elected by the
Regional Assembly from among its members.
vWhen the Regional Organic Act is approved by Parliament, the
Regional Commission shall transfer its powers and functions
to the Regular Regional Government.
Conclusion
Conclusively speaking, the PDP Laban’s amendment
proposal of the 1987 constitution is viewed as the last hope of
the PDP Laban and of course, the President. Their firm belief is
that the adoption of a federal system of government is the next
logical, and perhaps the only peaceful, legal and constitutional
avenue left open to those who wish to lay the foundations for a
just and lasting peace and development not only in Mindanao
but throughout the country. It is not seen as a cure-all to all our
nation’s ill. It is not a perfect system; however, it may be the
answer to the country’s lingering problems rooted in our
country’s multi-cultural federal nature according to the
President and the PDP Laban Party list.

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