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FEDERAL-PARLIAMENTARY FOR THE PHILIPPINES

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PRESIDENT RODRIGO ROA DUTERTE

 

THE FEDERALIST of our TIME A MAN of PEACE and INTEGRITY "A visionary and missionary President"

 

His mission is to save our country from being a Narco - State, criminality, corruption and poverty, His ultimate mission is to federalize our country to eliminate the causes of inequalities and injustices and internal imperialism.

 

Federalism

    Federalism refers to the mixed or compound mode of government, combining a general government (the central or ‘federal’ government) with regional governments (provincial, state, territorial or other sub-unit governments) in a single political system. It 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. (Source: Wikipedia .com)

    The Leading examples of very successful and legally developed federation or federal state includes Canada, the United States, Mexico, Brazil, Germany, Switzerland, Australia, Austria and India. Some also today characterize the European Unions as the pioneering example of federalism in a multi-state setting, in a concept termed the federal union of states. 

    Federalism is more than a political system, it is a socio-economic system where powers are devolved, resources are shared and development ¡s dispersed to all. 

 

 

 

FEDERAL GOVERNMENT


    Under the federal form of government, lahat ng rehiyon ay sabay-sabay na magkakaroon ng pagkakataon para sa kanilang kaunlaran, lahat ng mamayang Pilipino ay sabay-sabay na tataas ang antas ng kabuhayan. Sa Federalismo, magkakaroon ang bawat rehiyon ng sariling pamamahala sa bob ng isang Saligang Batas. Mawawala ang konsentrasyon ng kapangyarihan sa Manila at sa iilan lamang. Every state (region), every local government unit, is empowered. Powers are transferred and shared. Every state is on its own with the support of the Federal government which unifies the states. The Philippines is socially, economically, culturally and politically diverse due to its geographical archipelagic landscape. It is composed of Seven Thousand and One Hundred Seven islands (7, 107) with One hundred fifty-four (154) dialects making the federal-parliamentary system as the most appropriate form of government for the Philippine Republic.

 

 

ADVANTAGES OF FEDERAL-PARLIAMENTARY SYSTEM

OVER UNITARY PRESIDENTIAL SYSTEM

  • Unleashes the spirit of friendly and constructive competition for social, economic, cultural and political development among the federal states (regions).
  • Ends the dependence of the states (regions) on the national government for solicited funding support.
  • Empowers the federal states (regions) to exploit and utilize their natural resources for their own development without undue interference from the national government.
  • Hastens the development of the federal states (regions).
  • Dissipates the cause of armed uprising and insurgency and lays down the basis for just and lasting peace in every state (region) and the country as a whole.
  • Facilitates the enactment of laws and the formulation of policies to immediately respond to the needs of the time.
  • Promotes self-reliance, self-sufficiency and self-governance by the federal states with continued and unsevered allegiance to the national government.

 

 

FEDERAL-PARLlAMENTARY

PHILIPPINE MODEL

 

  • The executive branch of government ¡s somehow fused with the legislative branch of government to have unity of purpose. Why? Because the Prime Minister who exercises executive power is a member of the Parliament and majority of the cabinet members are chosen from the parliament. 
  • The legislature is unicameral. There are no upper and lower houses of congress anymore. It is simply called “Parliament”, one and only legislative body of the Federal government. 
  • The members of the parliament are focused on legislative works, although, some of its members who may be appointed members of the cabinet exercise executive duties and functions. 
  • The positions of the President and Vice President shall be retained. Both of whom are elected at large. A vote for the President is a vote for his Vice President. 
  • The President is the figure and ceremonial head of the Federal government with certain prerogatives. 
  • The President and his Vice President can be removed from office by impeachment. 
  • The Prime Minister who is nominated by the President from among the members of the parliament and confirmed as such by majority vote of its members. He is assisted by deputy prime ministers who are appointed by the President. He is also assisted by cabinet ministers, majority of whom, are chosen by the Prime Minister from among the members of the parliament.
  • The Prime Minister can be removed from office by Two-Thirds vote of “No Confidence” by the members of the parliament, or when the parliament is dissolved by the President. In both instances, his deputies and cabinet ministers are deemed resigned but shall remain in office until their successors shall have been duly appointed. 
  • The Federal government attends to the social and economic development of the entire Filipino people as a nation. 
  • The Philippines is divided into several regional political units called “States”. Each state is empowered to become self-sufficient, self- reliant and autonomous. There is a transfer of substantive powers of the national government. 
  • Each state government collects the national taxes, fees and other charges and automatically retains its share. 
  • Secession of any state from the federal government is outlawed and the Federal government is mandated to keep the Philippine territorial integrity and sovereignty intact and undivided at all times.

 

 

THE FEDERAL GOVERNMENT OPERATES UNDER:

ONE FEDERAL CONSTITUTION
ONE FLAG
ONE ARMED FORCES
ONE NATIONAL GUARD
ONE MONETARY SYSTEM
ONE FOREIGN POLICY
ONE EMBLEM
ONE CENTRAL BANK

 

 

SEAT OF POWER

Metro Manila shall be the Federal Administrative state similar to Washington D.C. of USA, New Delhi of India and Kuala Lumpur of Malaysia.

The seat of powers shall be dispersed. The Executive Department shall hold office in the federal Administrative region of Metro Manila while the Legislative department shall hold office in Davao City and the Judiciary in Cebu City.

 

 

 How Does Federalism Differ From  Unitary-Presidential System?

In a UNITARY- PRESIDENTIAL system of government, powers and resources are under the control of the central government In FEDERALISM, the powers and resources of the government are devolved and shared by the federal government and the state government

 

 

UNITARY & FEDERAL COUNTRIES

Examples:

Unitary Countries
LEBANON
BANGLADESH
PHILIPPINES
AEHANISTAN
KHAZAKSTAN
Federal Countries
AUSTRIA
GERMANY
CANADA
UNITED STATES
AUSTRALIA

It is notable that most stable and progressive countries have federal forms of government.

 

 

LEAST & MOST CORRUPT COUNTRIES
per Transparency International

Most Corrupt Countries:

NORTH KOREA
SOMALIA
AFHANISTAN
SOUTH SUDAN
IRAQ
LIBYA
VENEZUELA
ERITREA
SYRIA

Least Corrupt Countries:

DENMARK
FINLAND
SWEDEN
NORWAY
SWITZERLAND
SINGAPORE
LUXEMBOURG
UNITED KINGDOM
AUSTRALIA

Majority of corrupt countries have unitary form of government while the least corrupt are mostly federal.

 

 

THE NATIONAL TERRITORY

The definition of our National Territory under the 1987 constitution shall be retained. However, the New Constitution should provide all the necessary protection and assistance to its citizens claiming ownership over any piece of land or property anywhere in the world by virtue of legal or historic title.

 

 

PRINCIPLES AND STATE POLICIES
The principles and state policies found in the 1987 Constitution shoul be adopted in the New Constitution.

 

BILL OF RIGHTS
The bill of right provided for under the 1987 Contitution shall be retained in toto except the imposition of the death penalty.

 

DEATH PENALTY
The capital punishment maybe imposed in States with the beliefs, customs and traditions of its constituents allows it to keep peace and order among themselves and live harmooniously with each other.

 

CITIZENSHIP
The citizens of the Philippines as enumerated under the 1987 Contitution shall be adopted in the New Constitution

 

SUFFRAGE
The substantive provisions of suffrage under the 1987 Contitution shall be retained in the New Constitution.

 

 

 

 

Political Structure of Federal System

Federal   

Federal Constitution is Supreme over the State Constitution

State   

Each State has its own Constitution

Local   

Each Local Government unit operates in accordance with the State Organic Law

 

 

 

POWER SHARING

 

Federal (AMONG OTHER)

  • JUDICIARY (FEDERAL SUPREME COURT)
  • CITIZENSHIP
  • NATIONAL SECURITY
  • FOREIGN RELATIONS
  • NATIONAL ELECTIONS
  • PEACE AND ORDER .
  • POLITICAL RIGHTS
  • INTELLECTUAL PROPERTY RIGHTS 
  • MONETARY SYSTEM
  • IMMIGRATION, EMMIGRATION AND EXTRADITION
  • FOREIGN TRADE
  • PUBLIC TRANSPORT AND COMMUNICATION

Shared (AMONG OTHERS)

  • HEALTH
  • EDUCATION
  • ENVIRONMENT
  • SOCIAL WELFARE
  • ENERGY
  • TOURISM
  • PEACE AND ORDER
  • LAW ENFORCEMENT
  • PUBLIC SAFETY AND NATIONAL DISASTERS
  • NATIONAL HIGHWAYS AND RAILWAYS
  • CIVIL RIGHTS

State (AMONG OTHERS)

  • JUDICIARY (STATE SUPREME AND LOCAL COURTS)
  • CRIMINAL JUSTICE SYSTEM (EXCEPT THOSE CASES INVOLVING NATIONAL SECURETY)
  • PUBLIC UTILITIES
  • ENFORCEMENT OF NATIONAL AND STATE LAWS
  • SOCIO-ECONOMIC PLANNING AND DEVELOPMENT
  • FINANCE
  • INFRASTRUCTURE
  • ANCESTRAL DOMAIN

 

 

 

POWERS OF THE FEDERAL PARLIAMENT

Among others, the federal parliament shall have the following powers:

  • Enact laws of National application.
  • Ratify international treaties entered into by the federal government.
  • Approve the budget of the federal government.
  • Ratify a declaration of war made by the President.
  • Confirm the nomination of Prime Minister and his Deputies.

 

DISSOLUTION OF THE PARLIAMENT

  • The President may dissolve the Federal Parliament when, on his opinion, the people loses trust and confidence in the members of the Federal Parliament and only upon proper consultations with the Federal states.
  • The President can only dissolve the Federal Parliament one (1) year after or before any election. He can only dissolve the Federal Parliament once a year. 

 

EXECUTIVE

The executive powers are vested ¡n the President, Prime Minister and the Cabinet.

 

FEDERAL PRESIDENT AND VICE PRESIDENT

  • Figure and ceremonial head of the Federal Republic
  • Receives heads of states visiting the country.
  • Nominates the Prime Minister from among the members of the Federal Parliament subject to the latter’s confirmation.
  • Nominates the Deputy Prime Ministers from among the most qualified Filipino intellectuals to the Federal Parliament for its confirmation.
  • Dissolve the parliament, when on his opinion, the people loses trust and confidence in the Parliament, and only upon proper consultations with the federal states.
  • Declare war against any hostile country subject to the ratification of the parliament.
  • Recommend the enactment of necessary laws and the formulation of policies to the parliament.
  • Appoint Ambassadors, Consuls and the Officers of the Arm Forces of the Philippines, National Guards and the State Police from the ranks of Coronels to Generals for confirmation of the Federal Parliament. POWERS, DUTIES AND FUNCTIONS OF THE VICE PRESIDENT

POWERS, DUTIES AND FUNCTIONS OF THE PRESIDENT

  • Acts as presiding officer of the parliament.
  • Except the power to dissolve the parliament, exercises the powers and perform the duties and functions of the president when the latter is outside of the country.
  • Exercises the powers and perform the duties and functions of the president when the latter is physically and mentally unfit as maybe declared by competent authority.
  • Conducts consultation meetings in the various states on matters related to the affairs of the central , government in aid of policy formulation

 


PRIME MINISTER AND HIS DEPUTIES

  • The Prime Minister is the head of the federal government.
  • The Prime Minister shall be assisted by three deputies, one for Luzon, one for Visayas and one for Mindanao, whom the President shall appoint from among the highly qualified Filipino intellectuals.
  • The Prime Minister serves at the pleasure of the parliament.
  • The Prime Minister heads the cabinet ministers.

 

CABINET MEMBERS

  • Majority of the cabinet members are chosen by the Prime Minister from among the members of the parliament.
  • Members of the cabinet should be chosen proportionately from the states.

 

REMOVAL FROM OFFICE OF THE PRIME MINISTER

  • The Prime Minister can be removed from office by Two-Thirds vote of “No Confidence” by the members of parliaments.
  • When the President dissolves the parliament.

 

ELECTION OF THE NEW MEMBERS OF THE PARLIAMENT

Immediately after the dissolution of the parliament, the Commission on Elections shall set the election of the new members of the parliament not later than ninety (90) days after the dissolution.

 

CONTINUED OPERATION OF THE FEDERAL GOVERNMENT


The period of dissolution of the Parliament shall not be more than ninety (90) days.


During the dissolution period, the prime minister, his deputies and cabinet members shall continue to function as such until their successors shall have been duly nominated and confirmed or appointed as the case maybe.


The members of the new Parliament as a result of the dissolution shall convene within fifteen (15) days after the election.

 

JUDICIARY

The judicial powers are vested in one Federal Supreme Court and in the State Supreme Court

The Federal Supreme Court shall have the following powers:

  1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers, and consuls.
  2. Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus involving issues under federal laws.
  3. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
    1. All cases in which the constitutionality or validity of any treaty, international or executive agreement, federal law, executive issuances, proclamation, order and instruction.
    2. All cases involving the legality of any tax, impost, assessment, or toll, as may be imposed by federal law.
    3. All cases in which the jurisdiction of any lower court is in issue.
    4. All criminal cases in which the penalty imposed is reclusion perpetua, life imprisonment or higher.
    5. All cases in which only an error or question of federal law is involved.
  4. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six (6) months without the consent of the judge concerned.
  5. Order a change of venue or place of trial involving federal laws to avoid a miscarriage of justice.
  6. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law and legal assistance to the underprivileged. Such rules shall provide a simplified, inexpensive and uniformed procedure for the speedy disposition of cases.
  7. Appoint and administer all other officials and employees of the federal judiciary in accordance with the Civil Service Law.

 

The State Supreme Court shall have the following powers:

  1. Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus involving issues about state laws.
  2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts.
  3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six (6) months without the consent of the judge concerned.
  4. Order a change of venue or place of trial involving state laws to avoid a miscarriage of justice.
  5. Appoint and administer all other officials and employees of the state judiciary in accordance with the Civil Service Law.
  6. All decisions of the State Supreme Court are final and executory except those appealable cases to the Federal Supreme Court.

 

BUDGETARY SUPPORT

The Judiciary shall receive all the necessary budgetary support from the Federal and State Governments to ensure its independence and integrity. In no case shall the previous appropriations fo the Judiciary shall be reduced in the succeeding General Appropriations Act.

 

COMPOSITION OF THE FEDERAL AND STATE SUPREME COURTS
The Federal Supreme Court shall be composed of a Chief Justice and 14 Associate Justices, while the State Supreme Court shall be composed of a Chief Justice and 6 Associate Justices.

 

QUALIFICATIONS OF THE MEMBERS OF THE FEDERAL SUPREME COURT AND STATE SUPREME COURTS

  1. Natural born citizen of the Philippines
  2. Member of the Integrated Bar of the Philippines
  3. 40 years of age and above
  4. Must have been a Judge or engaged in the practice of law in the Philippines for 15 years
  5. Must have good moral character, of known probity and unbridled honesty and integrity

QUALIFICATIONS OF JUDGES

  1. Natural born citizen of the Philippines
  2. Member of the Integrated Bar of the Philippines
  3. 35 years of age and above
  4. Must have been ¡n the practice of law in the Philippines for 7 years
  5. Must have good moral character, of known probity and unbridled honesty and integrity

JUDICIAL BAR COUNCIL

There shall be Judicial Bar Councils in the Federal and the State Supreme Courts composed of the following:


The Federal Judicial Bar Council and each of the State Bar Councils shall be composed of 7 members from the Integrated Bar of the Philippines, Academe, Business, Women, Farmers, Labor and Youth Sectors, all of whom shall be appointed by the President.

 

DUTIES AND RESPONSIBILITIES OF THE JUDICIAL BAR COUNCIL

  1. Conduct screening of nominees for appointment to the Federal and State Supreme Courts and to the various lower courts
  2. Nominate to the President at least three names for each vacant position in the Supreme Courts and the lower courts.

 

 

SPECIAL COURTS
All Special Courts shall remain as provided for in the 1987 Constitution.


ADMINISTRATIVE SUPERVISION
The Federal Supreme Court and the State Supreme Court shall have administrative supervision over all Lower Courts under them. They appoint their staff and personnel subject to the Civil Service rules and regulations.

CONSTITUTIONAL COMMISSIONS
The Civil Service Commission, Commission on Elections, Commission on Audit and the Human Rights Commission ¡n the 1987 Constitution shall be retained ¡n the New Constitution.
The Human Rights Commission shall now have the power to initiate prosecution against the offenders.

The new constitution should so consider the rights of the victims of the violators of human rights including the social and economic protection and assistance for the victims of human rights violators and for their dependents.

 

 

THE FEDERAL STATES
There shall be as many federal states as there are regions in the Philippines considering that the regions as presently constituted are culturally, environmentally and politically distinct from each other. The provinces of Sulu, Basilan and Tawi-tawi shall be considered as one State.
Autonomous region may be created within the State in the interest of national peace.

 

STATE PARLIAMENT

  • There shall be parliament in every state (Region) whose members are elected by the registered voters of every congressional district except the sectoral members who shall be elected by the members of the sectors which they seek to represent.
  • Every congressional district shall have three (3) members in every state parliament.
  • The term of the members of the state parliament shall be five (5) years and shall be limited to one re-election.
  • The qualifications of the members of the state parliament shall be the same with those of the Federal Parliament.

STATE CHIEF MINISTER, DEPUTIES AND STATE MINISTERS

  • There shall be Chief Minister, who is the head government in every state, is elected from among the members of the state parliament.
  • The Chief Minister shall be assisted by at least two deputies whom he appoints from highly qualified Filipino intellectuals in the state.
  • Majority of the state cabinet ministers shall be members of the state parliament.

DUTIES AND RESPONSIBILITIES OF THE STATE GOVERNMENT

Among others, the state government looks after the following:

  • Social, economic, cultural and political well being of its constituents.
  • Maintenance of peace and order.
  • Enforcement of national and state laws.
  • Development of the local government units.
  • Regional competitiveness.

LOCAL GOVERNMENT UNITS (LGUs)

Federalism allows states to exercise the right to self-determination and self-governance. The officials and structures of the local government as presently constituted shall be the same in the New Constitution. However, it is proposed that the structure as much as possible and the election of the officials of the state government should be adopted down to the local government units to finally put to rest the culture of vote-buying, terrorism and intimidation.

 

TERM OF OFFICE

The term of office of the local elective official shall be five (5) years with re-election.

QUALIFICATIONS OF LOCAL ELECTIVE OFFICIALS:

Barangay level - able to read and write. Natural born citizen of the Philippines.

Municipal level - completed at least second year college.

TAXES SHARING 

COLLECTION OF TAXES AND SHARING OF REVENUES FOR DEVELOPMENT

In the present system of government, local government units collect real estate taxes and business permit fees.

In Federalism, they can collect national taxes except custom duties, fees and other charges.
The LGUs shall retain their share of the revenues.

The LGUs spend their taxes and revenues for their own projects and programs.
 

EQUALIZATION FUND

There shall be an equalization fund to provide financial marginalized states to assist in the acceleration of their development.

The funds shall be taken from the top five affluent (5) states of the country in terms of revenues.

ACCOUNTABILITY OF PUBLIC OFFICERS 

The provisions of the 1987 Constitution concerning the accountability of public officers shall be adopted in the New Constitution.

NATIONAL ECONOMY AND PATRIMONY

The provisions of the 1987 constitution relative to National Economy and patrimony shall be adopted. However, our proposal should be to adopt a “balanced agro-industrial and Export Oriented economy. Our economic system is capitalism with strong social responsibility. Our national patrimony should never be the subject of the commerce of man.

 

OTHER PROVISIONS

The provision of the 1987 constitution regarding Agrarian and Natural Resources Reform, Urban Land Reform and Housing, Health, Women, Role and Rights of people’s organizations, Education, Science and technology, Arts, Culture and Sports, Language, Family, should be adopted.

GENERAL PROVISIONS

The general provision in the 1987 Constitution shall be retained in the New Constitution.

AMENDMENT

The modes of amending or revising the Constitution shall be the same with those in the 1987 Constitution.

REDRESSING THE CENTURIES-OLD GRIEVANCES

The proposed Federal-parliamentary system of government will certainly provide just and lasting redress to the grievances of the powerless and the neglected regions of our country and the various sectors of our society.

By federalizing the Philippine Republic, the states (regions) will be able to address the development needs of their component local government units and, above all, its respective constituents.

The state government shall run its affairs according to the customs and traditions of its people, subject to democratic process.

 

TRANSITORY PROVISIONS

  1. The incumbent President shall still be president of the Philippines until his term expires in June, 2022.
  2. The incumbent President shall convene the Parliament with all the members of both Houses of Congress who are elected as such in accordance with the existing Constitution and applicable laws.
  3. Upon the convening of the Federal Parliament and the election of the Speaker ¡n accordance with law and for a term of three (3) years, the incumbent President shall nominate the Prime Minister for confirmation by the parliament.
  4. The Prime Minister shall act as head of the Cabinet subject to the oversight power of the incumbent President. The incumbent Vice President who has a six (6) year term shall continue to act as such until 2022. The new Vice President to be elected as such in the 15t Parliamentary elections in May 2022, will be the presiding officer of the parliament.
  5. The President shall organize the states by appointing the Chief Minister of each state and his deputies pursuant to its structure in accordance with the New Constitution whose term shall end upon the election of the elected officials of each state in May 2022 Parliamentary election.
  6. The Chief Minister shall appoint his state ministers and deputy ministers and such other officials as may be authorized by the President who shall in term appoint their staff and personnel as maybe authorized by the Department of Budget and Management.
  7. The structure of the bureaucracy of each state shall be similar to that in the Regional government of the Autonomous Region in Muslim. Mindanao (ARMM).
  8. The state parliament shall be those elected in the congressional districts in every chartered city and/or urban center and in every province.
  9. The President shall also appoint the speaker of the state parliament and his three (3) deputies.

APPEAL

We appeal to the Filipino people to go for Constitutional Convention so your voice can be heard loud and clear!

"The voice of the people is the voice of God”
-listen to the voice of God-

 

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