Finding Federalism in the Philippines

Finding Federalism in the Philippines
Steven Rood
Philippine Country Representative, The Asia Foundation
Philippine Update Conference
2-3 September, 2016
Australian National University
House of Representatives:
What’s “Party” got to do with it?
Two Main
Party Groupings
Election Results
Congress Organized
May 1998
July 1998
LAKAS-NUCD-UMDP
110
39
LAMMP
56
142
May 2010
July 2010*
Lakas
105
89
Liberal Party
45
73
May 2016
August 2016
Liberal Party
115
35
PDP-Laban
3
97
* By the time of the next elections (May 2013), LAKAS members were down to 27
and LP were up to 90.
OUTLINE
Evolution of the Debate 1986-2014
Public Opinion on the issue: labile
Dutertismo, Populism, Federalism
Federalism and the Bangsamoro
1986 Constitutional Commission



University of the Philippines draft enfranchised any
region to be “autonomous”
• Rejected by the Con Comm due to fear of
“fragmentation”
Federalism overwhelmingly rejected
So, “autonomy” was granted only to those regions
(Muslim Mindanao, Cordillera) which were lobbying
2005 Constitutional Commission



55 members but only 3 from Citizen’s Movement for
Federal Philippines (Abueva, Lorenzana, Teves)
federalism: “to equate it at first to regional governance
then to autonomous territories and eventually to the
creation of federal states. … The former local governors
and the business persons sitting in the ConCom
compelled the compromise.”
“Federalism, its nuances and the other proposals may be
clear to the ConCom members, political technocrats, the
academe and old time proponents. The [405] AdCom
sorties found out that this was not the case with the
ordinary Filipino and the leaders nearest to them – the
barangay officials and the local executives.
Public Administration view:
on Federalism


Former UP NCPAG dean Alex Brillantes:
“Federalism is really, as I used to say a long time
ago, the next logical step to the evolution”
• “[o]ne major reason why we are where we are is
precisely because our local governments haven’t
sufficiently been empowered.”
Ronald May: “the advantages claimed for federal
over unitary systems read more like statements of
faith than reasoned arguments.”
• “there is little evidence that those espousing it
have referred to the literature on failed federalism
in the second half on the twentieth century”
Recent Statements
• “Only 9% of the RDC initiated proposals find their way to
the MTPIP or NEP. Ergo, for social inclusion, economic
empowerment through the creation of another layer of
political subdivision called regions with significant powers
and countervailing forces.” Rep. Joey Salceda (Albay)
• Mindanao Business Conference “also expressed support to
the proposed shift to a federal system of government.” (26
Aug 2016)
• Other businessmen express worries about more red tape, etc.
SWS Surveys of
Constitutional
Amendments
(2002-2006)
LEVEL OF KNOWLEDGE OF THE PHILIPPINE
CONSTITUTION, MAY 2002 TO MAY 2005
Q. How would you describe your knowledge of the Philippine Constitution?
May 2002
Nov 2002
Jun 2003
May 2005
Extensive knowledge
3%
4%
8%
4%
Partial but sufficient knowledge
21
20
32
23
Little knowledge
60
54
43
44
Almost no knowledge
16
21
17
29
Q: Paano po ninyo ilalarawan ang inyong kaalaman tungkol sa Konstitusyon ng Pilipinas?
(MALAWAK ANG KAALAMAN, BAHAGYA NGUNIT SAPAT ANG KAALAMAN, KAUNTING
KAALAMAN, HALOS WALANG KAALAMAN)
OPINION ON WHETHER THERE ARE CONSTITUTIONAL
PROVISIONS THAT NEED TO BE AMENDED,
JUNE 1999 TO MAY 2005
Q. In your opinion, are there Constitutional provisions which
need to be changed now or none? IF YES: Please identify the
Constitutional matters you would want to have changed? What
else? (MULTIPLE RESPONSE ALLOWED)
Jun 1999
Nov 2002
Jun 2003
May 2005
Yes
14%
21%
20%
30%
None
86
79
80
70
Q: Sa inyong palagay, may probisyon po ba ang ating Konstitusyon na dapat baguhin sa ngayon o
wala? KUNG MAYROON: Pakitukoy po kung ano ang mga bagay-bagay na gusto ninyong mabago sa
Konstitusyon? Ano pa po? (MULTIPLE RESPONSE ALLOWED)
CONSTITUTIONAL PROVISIONS THAT NEED TO BE
AMENDED, MAY 2005
Base: Total who said there are Constitutional provisions that
need to be amended
Top 10 Answers Only
Corruption
2.0%
Marami
1.9
Pamamalakad sa gobyerno. Kahit
1.1
ano tungkol dito
Pababaan ang mga presyo ng bilihin
1.0
Ayaw nilang payagan ang divorce
1.0
dito sa Pilipinas. Dapat payagan
Bilihin—ibaba ang presyo
0.9
Ang pagpapalakad ng gobyerno. Ang
0.6
karapatan ng mga mahihirap
Tungkol sa VAT o tax
0.6
Pagtaas ng presyo ng bilihin
0.6
Pababain ang presyo ng mga
0.6
pangunahing bilihin
Don’t know/Can’t say
18
Probability Respondent
1
OPINION ON WHETHER TO MAINTAIN OR CHANGE THE
PRESENT SYSTEM OF GOVERNMENT, MAY 28 – JUNE 14, 2003
In the present system of government, executive power and legislative power are
separate. The first is under the President of the Philippines and the second is
with Congress. All the executive departments are under the President. She/he is
the Commander-in-Chief of the Armed Forces, and appoints court judges, the
commissioners of Comelec, Civil Service, and Audit, and other officials. All bills
done by Congress need her/his approval to become law.
In the Parliamentary system on the other hand, a large part, if not all, of the
present powers of the President would go to the head of the party in control of the
legislature, called the Prime Minister. There are many kinds of parliamentary
systems, depending on what powers remain with the president. For any of these
kinds to happen, some provisions in the Constitution need to be changed.
PR1, Q63. Would you like THE PRESENT SYSTEM OF
GOVERNMENT TO CONTINUE, or would you like TO
SHIFT TO SOME KIND OF PARLIAMENTARY SYSTEM?
Like the present system of government to continue 72%
Like to shift to some kind of Parliamentary system 28%
PREFERRED SYSTEM OF GOVERNMENT: PARLIAMENTARY OR
PRESIDENTIAL FORM, PHILIPPINES, AUG 1994-SEP 2005
Presidential
Parliamentary
Aug 1994
80
19
Sep 1995
81
18
Jun 1998
87
13
Mar 1999
79
21
Mar 2002
77
23
Sep 2005
69
28
Note: Don’t know/Refused/Can’t say responses not shown.
Q:
Alin po sa dalawang sistema ng gobyernong ito, ang presidensyal o parliyamentaryo, ang
inyong higit na nagugustuhan?
AGREEMENT ON FEDERATING THE REGIONAL
GOVERNMENTS, MAY 17-JUN 3, 2002
PR, Q104. In case there would be regional governments throughout the country, do
you… (Strongly agree, Somewhat agree, Undecided if agree or disagree, Somewhat
disagree, Strongly disagree)… that the system of government in the Philippines
should be made FEDERAL, or don’t you know enough about the FEDERAL system?
Agree
Strongly agree
Somewhat agree
Undecided if agree or disagree
Disagree
Somewhat disagree
Strongly disagree
20%
6
14
20
20
7
13
Don’t know enough about
the Federal system
40
* Net agree
+1
* For greater precision, % Agree minus % Disagree are first computed before being rounded off.
“THE SYSTEM OF GOVERNMENT SHOULD BE
CHANGED TO FEDERAL AS SOON AS POSSIBLE”,
BY AREA, JANUARY 2004
RP
NCR
BAL.
LUZON
VISAYAS MINDANAO
AGREE
Strongly agree
Somewhat agree
33%
11
22
30%
11
19
32%
10
22
28%
8
20
UNDECIDED
33
36
32
37
28
DISAGREE
Somewhat disagree
Strongly disagree
27
14
13
26
17
10
26
14
12
30
15
15
26
12
14
NET*
+7
+4
+6
-2
+17
*NET equals %Agree minus %Disagree correctly rounded
Note: Don’t Know and Refused figures are not shown.
Q46. Dapat gawin Federal ang sistema ng gobyerno sa lalong madaling
panahon. [LUBOS NA SUMASANG-AYON, MEDYO SUMASANG-AYON,
HINDI TIYAK KUNG SUMASANG-AYON O HINDI, MEDYO HINDI
SUMASANG-AYON, LUBOS NA HINDI SUMASANG-AYON, O HINDI
SAPAT ANG KAALAMAN TUNGKOL DITO]
43%
16
28
OPINION ON THE PROPOSAL TO CREATE
REGIONAL GOVERNMENTS, PHILIPPINES,
NOV 2002 TO MAR 2006
FOR NCR:
At present, the highest local governments in Metro Manila are the city and municipal governments, whose power
compared to the national government is very small. Thus some are proposing to create a regional government for
Metro Manila, and then there would be elections for the officials who would administer and make laws for Metro
Manila as a region. For you, would this proposal be ______ for our country?
FOR OUTSIDE NCR:
At present, the highest local government is that of the province; under it are the city and municipal governments.
Since there are many provinces, the power of a provincial government compared to the national government is very
small. Thus some are proposing to create a regional government for (R’s region) to replace the provincial
governments. Therefore there would be elections for the officials of (R’s region) who would administer and make
laws for the whole region. For you, would this proposal be _____ for our country?
Nov ‘02
Good
Definitely good
Probably good
Undecided
Not good
Probably not good
Definitely not good
NET
Jun ‘03
May ‘05
Aug ‘05
Dec ‘05
42%
15
27
36
22
12
10
50%
12
39
40
10
7
3
37%
12
25
34
28
13
15
39%
12
27
40
20
11
9
38%
13
24
46
16
8
8
20
40
19
22
9
Mar ’06
41%
12
29
38
20
13
8
21
OPINION ON REGIONAL GOVERNMENTS,
BY AREA, NOVEMBER 2002 TO MARCH
2006
RP
NCR
BAL
LUZ
VIS
MIN
November 2002
NET POSITIVE
20
7
21
9
37
June 2003
NET
40
34
44
53
29
May 2005
NET
19
-7
14
-1 20
August 2005
NET
19
21
23
8
December 2005
NET
32
26
33
3
16
March 2006
NET
21
14
30
9
16
20
DUTERTE’S FEDERALISM BEGINS



11 September 2014 – Mindanao Council of Leaders -Bukidnon Governor Jose Maria Zubiri, former Cagayan de
Oro Mayors Reuben Canoy & Vicente Emano, former
Congressman Romeo Jalosjos from Zamboanga del Norte
and former Davao del Norte Representative Pantaleon
Alvarez.
5 October 2014 – Cebu – Lito Osmena – Federal
Movement for a Better Philippines
1 December 2014 “Once they open it (Constitution), we’ll
start (a determined push for federalism),” Duterte at the
Mindanao leaders’ summit on federalism.
POPULISM




an antagonism between the people and the elite, as
well as the primacy of popular sovereignty
thin-centered ideologies do not provide answers to all
major socio-political questions; compatible with other,
more extensively developed political belief systems,
such as socialism [“I am a leftist”]
a Manichaean discourse that assigns a binary moral
dimension to political conflicts: “Us” and “Them”
[victims versus druggies]
populist leader casts himself as an outsider who gains
political prominence in association with new or newly
competitive parties [read: PDP-Laban]
Urban Vote for Duterte (Putzel)
Populism






Federalism as populism: “Duterte said he’s more
partial to the federal parliamentary style seen in
Singapore and Malaysia. He adds, however, that the
country can also look into adopting the federalism
model used by the US or France.”
Dismantling the oligarchy (Roberto Ongpin)
Human rights cannot be used as a shield (SONA)
Free irrigation
“Contractualization” Endo (business worries)
Demonization of shabu “shrinks the brain” (drug
addicts are not human; all drug users are pushers)
Thank you
@StevenRoodPH