“IT IS high time to take a no-nonsense look at how our unitary government has ineffectively addressed our recurring problems of improper allocation of power between the National Government and the local government units; the capture of government power by the political dynasties and the economic elite; the corruption that it has bred; the impoverishment of the masses it has caused; the breakdown of the rule of law; the threats of narco-politics and the rebellion it has fomented from our Muslim brothers and the NPAs in the countryside.” –Chief Justice Reynato S. Puno (Ret.).
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The information this author got was that former Chief Justice Puno is for federalization while former Supreme Court Justice Vicente V. Mendoza is for decentralization to resolve the over-concentraton of power in our national government.
Former Justice Mendoza is against federalization for many reasons. I will cite his reasons one by one and give my comments on these also one by one.
Justice Mendoza: “For us, this reverse process (top to bottom federalization) can only mean the fragmentation, if not disintegration of what was once a nation.”
My comment: The top to bottom approach in federalizing a country was successfully done in Spain, Belgium and Pakistan. Said countries did not experience fragmentation nor disintegration The top to bottom approach in federalizing the Philippines, if done properly, will not result to fragmentation or disintegration of our nation.
Justice Mendoza: “Should the venture (federalizing our country via top to bottom approach) fail, there will be no turning back to the old system.”
My comment: If Congress sitting jointly as a Constituent Assembly follows the Kilos Pederal sa Pagbabago’s Manuel titled “How to Federalize the Philippines,” our shift to a Federal System is assured of success.
Justice Mendoza: “The change will intensify existing regional differences or encourage if not create them where there are none. Past efforts of national unity will be rendered naught.”
My comment: Federalizing the Philippines will be designed to promote UNITY IN DIVERSITY in our nation. For instance, the rebellion of our Muslim brothers and of the NPA will be effectively addressed and resolved. Admittedly, constructive competition between Federal States or Regions will also be unleashed for the good of our country and people. Fast efforts at national unity were anemic, hence, no effect.
Justice Mendoza: “The rise of village tyrants and village despots will be more probable that the rise of a national dictator.”
My comment: Federalizing our nation will lead to real people empowerment. Trust our truly empowered Filipinos to fight the rise of village tyrants and despots. With bigger Federal States or Regions and effective anti-dynasty provision in our mew Federal Constitution, said fear will be allayed.
Justice Mendoza: “And how long will it take for the present administration to develop into autonomous states? Take for example Bicol Region, no one can say it is ready for statehood.”
My comment: Again, if Congress sitting as Constituent Assembly follows the Kilos Pederal sa Pagbabago’s manual on how to create Federal States or Regions proposed in the Incremental Strategy, the first Five Federal States or Regions as proposed are already politically and economically viable at the time of their creation.
Justice Mendoza: “The states will have their own constitution. This is necessary to give them a sense that they are the directors of their own political will and political destiny. At least three years should be devoted to write and adopt a good state constitution.”
My comment: Each Federal State or Region that will be created will be governed by a Basic Statute not a Constitution per Kilos sa Pagbabago proposal using the Basic Bangsamoro Basic Law as a model. It will take about only a year to write and adopt a good Basic Statute.
Justice Mendoza: “The development of the regions into states is likely to take more than nine years.. For hand in hand with the amendment of the Constitution should be amendments of man’s nature, which is likely to take a much longer period to accomplish, not just years but perhaps generations.”
My comment: Justice Mendoza here is referring to a proposal of creating all our present administrative regions into Federal States or Regions. In the Kilos Pederal sa Pagbabago’s recommendations, only five big and rich Federal States or Regions will initially, I repeat, initially be created . See my earlier comment on this. Regarding “amendment of men’s nature,” the Kilos Pederal sa Pagbabago will soon propose to President Duterte to adopt a People Reform Program titled “Bagong Filipino.” We agree that this will take a longer period than System Reform.
Justice Mendoza: “The issue is not over-concentration of power in the national government by over means of dispensing such; whether by changing to a Federal System or by decentralization. Decentralization is the way (our country should go.)”
My comment: Decentralization, per Webster, is “the breaking up of the centralization of authority, as in government, and distribute to local authorities.” This is done usually by Congress through the passage of a local government code. Thus, what Congress can decentralize, Congress can easily recentralize again. Decentralization is a lower form of autonomy still under a Unitary System of government. This is not what our people want!
Our people have a bigger aspiration of pursuing the highest form of autonomy and a moral organizational set-up which is a Federal System. Our Unitary System does not follow the Principles of Subsidiarity. Real Solidarity and Equitable Distribution of Goods of the Catholic Social Doctrine. Thus, it is an immoral system of government. Our proposed Federal System will faithfully follow all the above principles. That makes
A Federal System a moral organization. CBCP (Catholic Bishops Conference of the Philippines), please take note of this.
Our national hero, Dr. Jose P. Rizal, the first Filipino advocate of Federal System in our country, called it the “Freest Government.” Hence, our shift to a Federal System is the pursuit of our unfinished revolution to full democracy in the Philippines.
Recently, President Duterte stressed that “no less than a Federal System will resolve the problem of peace and order and poverty in Mindanao.” What’s good in Mindanao will be good for our nation, too.
Klaus Preschle and Prof. Edmond Tayao said “Fderalism is not only an idea whose time has come. It is a mechanism that has become a necessity given today’s entirely new political, social and economic climate brought about by the end of the Cold War, (the advent of) globalization and the fast pace of technological advancement … We can look at this condition as our opportunity to rebuild this country. Federalism when adopted appropriately will without doubt result to significant improvements in governance and representation.. The more important point now is to adopt the right plan to make it a reality.” To this, we say, “Amen.”
