Pimentel’s Federalism Proposal

I am reproducing below the speech of Sen. Nene Pimentel explaining his decision to file a resolution in the Senate calling for a shift to a federal system of government. This is, of course, not the first advocacy for federalism. But its significance lies in its timing and its messenger.

The issue of federalism is raised by Sen Pimentel amidst the continuing crisis in Philippine politics that has resulted in the people losing confidence in their government. The renewed call for federalism is also made two years before the next presidential elections of 2010 which different groups see as a potential watershed in terms of significant political reforms in the country.

Recent efforts to establish a federal Philippines have of course been derailed and hijacked by politicians who, at the last moment, dropped the federal agenda in favor of a shift to parliamentary system. Sen. Pimentel, although a veteran of Philippine politics, is increasingly seen as a statesman and therefore devoid of the unscrupulous motivations of past messengers.

Days after its filing, opponents of federalism have raised the usual arguments against it. Which is good. I hope this starts a genuine and impassioned debate on federalism. I will write a separate piece defending federalism against those arguments. But for now, here is Sen. Nene’s speech:

Federalizing the Philippines:The Final Solution within Reason

[Keynote address of Sen. Nene Pimentel at the seminar on Federalism in Carmona, Cavite on April 23, 2008]

First my thanks to Dr. Alex Brillantes, Dr. Simeon Ilago and Klaus Preschle and their organizations, the UP CLRG/NCPAG and the Konrad Adenauer Foundation for inviting me to share my thoughts on the proposal to federalize our country.

To save time, let me go straight to the proposal to adopt the federal system.

Seminal in ‘82

Our formal espousal of the proposal started when the PDP-Laban was organized in 1982 to provide our people a third way of getting out of the mess the country was in. Or, if you please, give them an alternative to both the dictatorship of President Marcos and the armed rebellions that opposed it.

The federal idea that we espoused was seminal in many respects.

We did not like the dictatorship and the concentration of government power that was implicit in it. Neither did we want to spill so much Filipino blood in the undertaking to oust Marcos from power.

Disperse power

We thought that the solution was to disperse power – political and economic – throughout the nation.

The most concrete way of doing it in our mind was to convert the country into a federal republic.

I will now take up with you the most recent form of our federal advocacy.

Invasive surgery

This advocacy is contained in a resolution that I prepared upon request by some of our colleagues in the Senate and in the House, some local government officials and friends from the NGO sector.

The 63-page resolution requires the revision of 14 of the existing 18 Articles of the Constitution and the addition of two new Articles.

To use the more picturesque terms of surgeons, the revision requires an invasive surgery into the constitutional structure of our body politic.

The surgical operation will create 11 Federal States out of the existing political subdivisions of the country and one federal administrative region.

Luzon States

Luzon will have four States, namely:

1. The Federal State of Northern Luzon;

2. The Federal State of Central Luzon;

3. The Federal State of Bicol, and

4. The Federal State of Southern Tagalog.

Metro-Manila will be converted into a Federal Administrative Region along the lines of a Washington, D.C., a New Delhi or a Kuala Lumpur.

Visayas States

The Visayas will have four federal States, namely:

1. The Federal State of Minparom;

2. Federal State of Eastern Visayas;

3. The Federal State of Central Visayas, and

4. The Federal State of Western Visayas.

Mindanao States

Mindanao will have three Federal States, namely:

1. The Federal State of Northern Mindanao;

2. The Federal State of Southern Mindanao, and

3. The Federal State of the BangsaMoro.

Briefly, the State boundaries will cut across the present regional boundaries.

We recommend that the States be constituted out of bigger political territories to provide the environment for competitiveness and sustainability rather than create States out provinces that in many instances might simply be too small to survive as a State.

For easy reference as to how the States are constituted, we have appended a copy of the Resolution to this discussion paper.

National Territory, defined

Please note that the Resolution defines the territory of the Federal Republic and unequivocally includes two previously ambiguously claimed islands, reefs or shoals.

Embraced as parts of the Federal State of Central Luzon are the Scarborough shoals and as parts of Minparom, the Kalayaan islands.

Seats of power, dispersed

The Resolution also disperses the seats of power of the major branches of government.

The executive department will hold offices in the Federal Administrative Region of Metro-Manila.

The legislative department will hold office in the Federal State of Central Visayas.

The judicial department will hold office in the Federal State of Northern Mindanao.

By so doing, the two other major geographical regions of the country, the Visayas and Mindanao will now fully appreciate that they are important parts – not merely appendices – of the Republic.

Legislative powers, shared

The legislative powers of the Republic are shared mainly by the law-making powers of the Federal Republic and the States. But the provincial, city, municipal and barangay powers and structures are basically left intact.

LGU revenue shares, increased

In terms of allocating the resources of the Republic, a formula is provided in the Resolution: 30% will go to the Federal Government and 70% to the States. Of the 70% accruing to the States, 30% will go the State governments, and 70% to the provinces, cities, municipalities and barangays.

In this formula, the shares of the provinces, cities, municipalities and barangays will be bigger than what is currently provided for under the local government code.


Equalization Fund

There are many other new directions and opportunities provided for in the move to federalize the Republic.

To address the reality that not all the Federal States are born equal in terms of resources and opportunities, the Resolution provides for an equalization fund that will administered by the Federal Government to assist States in dire need of development funds.

Political & economic objectives

For purposes of our discussion and to enable our participants to air their concerns, let me begin to conclude this statement. Let me just add that as we had explained time and again, the federal system is meant to accomplish two major things:

1. Cause the speedy development of the entire country by unleashing the forces of competitiveness among the States, and

2. Dissipate the causes of rebellion in the country and particularly in Mindanao.

Allow me to underscore the fact that the move to federalize the country is not simply a ‘political’ undertaking it is also an economic effort. By creating 11 Federal States and by converting Metro-Manila as a federal administrative region, we immediately establish 12 centers of power, finance and development throughout the country.

Under the unitary system that has characterized the government for centuries we only had one center of power, finance and development: Metro-Manila.

Just & lasting redress

The federal proposal will hopefully provide a just and lasting redress of the grievances of the powerless and the neglected sectors of society, like the Moro peoples of Mindanao.

By federalizing the Republic, the States will hopefully be able to address the needs of their component sectors more readily.

And in the case of the Moro peoples, their own federal state would conceivably enable them to run their state government according to their customs and traditions subject of course to the norms of modern democratic governments.

Thank you for your kind indulgence.

22 Responses to “Pimentel’s Federalism Proposal”

  1. Nice writing style. I will come back to read more posts from you.

    Susan Kishner

  2. [...] the thinking behind Pimentel’s proposal, blogger reytrillana reproduces a recent speech in which Pimentel explains why he supports Federalism. Blogger A Simple [...]

  3. I was always for federalism..Now I wonder. The Middlebury Institute has been created by groups in the US and Canada who are interested in secceeding from the Union. What do you guys think of that idea? Peoplepowergranny discusses the benefits and problems if such actions took place in her post tonight.

  4. sir rey, carlo masajo here. kaDEKADA. i strongly believe that federalism is a viable political system for the country in terms of administration. unitary government we have today is too centralized and constricts the development potential of other regions of the country.

    but the pimentel proposal needs further fine tuning, and this is where the relevance of public debates enter. now, we all can divulge into the federalism plans and become an active participant in changing this nation.

    http://akosijcmasajo.wordpress.com

  5. Tax Joven Says:

    The road to federalism is fraught with danger. One is a cliff leading to beyond 2010 for Gloria. Is it worth it? No! Sen. Pimentel was well on the right track until derailed by I know not what. I think if reminded of his Local Autonomy he would retrace his steps. What is there in federalism which LA cannot do? Let’s get away from the clutches of Gloria and Imperial Manila. Let’s decentralize NOW. Not through federalism but through greater local autonomy for our LGU’s.

  6. Juanito Delgado Says:

    We are now talking of federalism to resolve the so-called Problem in Mindanao.

    As proposed by Senator Pimentel there will be three states for Mindanao.

    The Bangsamoro, Northern Mindanao and Southern Mindanao.

    We doubt if the Bangsamoro State will persist for long because of tribal animosities between those from the Sulu Archipelago (Tausogs, Samals and Yakans) and those from Central Mindanao (Maranaos and Maguindanaos) Just look at how the leaderships in the ARMM sways from leaders in the Sulu Archipelago and Central Mindanao.

    In which case, in addition to the two states, Southern Mindanao and Northern Mindanao, let us create a separate state for the Sulu Archipelago (Basilan, Sulu and Tawi-Tawi) and another state for Central Mindanao for the Maranaos and the Maguindanaos)

    We now have enought leaders from these two proposed regions and states to lead the people out of poverty and bondage from the central government in Manila.

    Under the Pimentel proposal, Luzon will have four states, Viasayas will have four states but why should the second biggest island in the archipelago with all its resources and its people be divided into only three States.

    Is this to deny Mindanao equal voices in the central government?

  7. reytrillana Says:

    I understand Tax Joven’s point when he asked, “what federalism can do that autonomy cannot achieve?” In theory, both autonomy and federalism (as well as decentralization, devolution and deconcentration) are intended to do the same thing: disperse powers from the center to the periphery; from the national to the local units. Seen this way, there seems to be no need for federalism. But as I explained in another blog entry (The Dilemma of Federalists), there is an important distinction between the two. While the mandate to provide autonomy was provided for in the 1987 Constitution, its implementing legislation was crafted by Congress. In the case of the Autonomous Region in Muslim Mindanao, it was through RA 6734 and later the 1996 Peace Agreement with the Moro National Liberation Front (MNLF) and EO 125. The point I am making is this: the extent to which autonomy did not work is caused by the inability and unwillingness to the central government to let go of its powers. Autonomy in a centralized set-up such as ours is bound to fail. The virtue of federalism in this regard is that the power arrangements are enshrined in the constitution. Local units acquire their powers not from the central government (through decentralization) but from the basic law itself. It will truly make the national government irrelevant!

    I also share the distrust expressed by many over the recent overtures of GMA for charter change by riding on Sen. Pimentel’s proposal. I agree, and I urge everyone to be very cautious in dealing with this recent move by the palace. Simply put, GMA cannot be trusted. But I also believe that federalism is an important political reform for our nation. It is possible, I think, to continue our national discourse on the merits of federalism culminating in a Constitutional Convention (not Con Ass), even with the opportunistic GMA and her lackeys lurking in the background. We should not allow GMA to hijack an excellent idea in federalism. We should not allow her to paralyze us.

  8. reytrillana Says:

    The comments of Mr Delgado illustrates why the proposed shift to federalism has to be done through a Constitutional Convention. The people’s representatives must be given the opportunity to design the kind of federalism we need in this country (how many states, how it will be divided politically, geographically, fiscal divisions, etc). Sen Pimentel’s proposal should be seen as just that, a proposal that hopefully sets the course for a reasoned debate. Federalism is a sort of consensual agreement among the many components of a nation regarding the distribution of power between them and the federal/central government.

    Mr. Delgado also asks whether Muslim Mindanao will have an equal voice in the central government. In a federal structure, that wouldn’t really matter because decisions that concern a particular state will have to be made by the state itself. Under a unitary system, we always look to Congress or the Palace for decisions; not in a federal structure. States are left alone (rightly so!) to deal with their own problems (including tribal divisions and the like).

  9. Tax Joven Says:

    reytrillana, “…the extent to which autonomy did not work is caused by the inability and unwillingness to the central government to let go of its powers.” I agree. But let us be more specific, please. Congress, of which Sen. Pimentel has been almost a permanent fixture, is the culprit. Was the good Senator ever as passionate in pushing for more Local Autonomy as he is now with federalism?

    As I see it he had been too busy with mundane things to be able to attend to a very important piece of legislation. Now he wants to make up for lost time, and comes up with a proposal that would eventually be beyond his control. Yet, even if a con-ass or a con-con, it would still be not as good as LA. In fact, it would just be like jumping from the fire pan into the fire.

    But since I am not one who would cry over spilled milk, let me join the debate. Mr. Delgado proposes 12 States as opposed to the Senator’s 11. I say let us have as many “States” as there are Provinces and Cities. Why not? Anything a proposed State can do, Provinces and Cities can do better! For this, we do not need a cha-cha. We need a revolution, no less. And the best person to lead this is Sen. Nene Pimentel himself.

  10. Tax Joven Says:

    Juanito Delgado: We doubt if the Bangsamoro State will persist for long because of tribal animosities between those from the Sulu Archipelago (Tausogs, Samals and Yakans) and those from Central Mindanao (Maranaos and Maguindanaos) Just look at how the leaderships in the ARMM sways from leaders in the Sulu Archipelago and Central Mindanao.
    x-x-x-x-x-x-x

    A very astute observation indeed. But you failed to consider that there are also Christians in the area! My point is this: howsoever you divide the country into states, intra-regional regional conflict will always arise. You think the Bicol region is cohesive and cordial enough? Try making it a State, and see them fight among themselves for favors from the State! Same thing will happen in all other Regions. Think about it.

    Amendment to previous post: A sentence in paragraph two should read, Yet, even if a con-ass or a con-con goes for federalism, it would still be not as good as plain and simple LA.

  11. Tax Joven: Congress, of which Sen. Pimentel has been almost a permanent fixture, is the culprit. Was the good Senator ever as passionate in pushing for more Local Autonomy as he is now with federalism?
    ========
    Well, blame Sen. Pimentel, blame everybody if you like but that simply proves the point that local autonomy can never genuinely succeed in a governmental structure that is patently centralized. The system, its culture, simply resists autonomy. You have the IRA for example that is supposed to be the lifeblood of autonomous units but is instead being used by the cnetral government to guarantee subservience. If one has some beef with the messenger don’t shoot down the message.

    And I agree that we need a revolution. The kind that federalism can potentially usher in.

  12. if it is true that intra-regional conflict is a permanent fixture in the Philippines, then really is a need for a political arrangement that can best mitigate that. You think the unitary system can accommodate competing claims within regions?

  13. Tax Joven Says:

    How is it that the central government can withhold the IRA at will? Isn’t its release supposed to be automatic or mandatory? A law is apparently being violated. Instead of exacting compliance or strenghtening it, what do you propose? A change in the System!

    It is not the fault of the Charter that we are highly centralized. It is a problem of legislation. Congress simply doesn’t wasnt to give more powers to LGU’s. What makes you think it will have a change of heart if constituted as a con-ass?

    There is virtually no conflict within regions now. There will be serious ones if funds are released through it. What’s wrong with giving funds directly to the LGU’s? Why amend the Constitution just to create new offices and sources of red tape? And, a State can and may secede. An LGU can’t.

    I certainly would not hesitate to shoot down a pigeon that bears a message of destruction to our country. We can hardly move because of a bloated bureaucracy, yet Sen. Pimentel wants to create more of it! I would rather vote for zero Senators and Congressmen than vote for more of them!

    I have no beef with a man who holds the vital formula and the expertise that can bring us out of the mess we are in now. He alone can lead us towards decentralization NOW, not after a cha-cha.

  14. Tax Joven Says:

    I am tired of Gloria bashing. It does nothing but fan hatred against her. Hatred for her will not lead to a rebellion, not because we are a nation of cowards, but simply because a change in leadership will not necessarily bring relief. EDSA 1 and 2 taught us that this is so. Unfortunately, this is also true with elections no matter how clean and credible it may be. However, we need not bury our heads in despair. I see a solution at hand.

    The formula is held by Sen. Nene Pimentel, numerically expressed as 20/80. If used to decentralize our country NOW, it could lead to our salvation. However, if used in federalism as envisioned by him, it would be disastrous for our country. I cannot understand why he wants to go through a circuitous and dangerous route when all he has to do is introduce amendments that would incorporate the formula to his Local Government Code.

    It may be argued that Congress is not inclined to pass such a proposal or bill. But what makes him think that it would have a change of heart if convened as a con-ass? It would take a revolution, no less, for Congress to grant that much power to LGU’s! Sen. Pimentel goes around the Country pushing for federalism. This is an exercise in futility. Cha-cha is dead for now. Instead he should instigate a revolt or people power lead by the LGU’s to force Congress to decentralize NOW. It’s our way out.

    This sentiment does not reflect my judgment on the performance of most LGU’s. But then that is another story

  15. reytrillana Says:

    I guess we both want the same thing Tax Joven; just different routes to be taken. IF you’re kind of revolution is possible under this set-up can happen then I pose no objection. Spain is not technically a federal country but nit operates as one through a successful policy of autonomy. I just don’t think it will happen in our country. I guess you have the same sentiment with regard to federalism.

  16. reytrillana Says:

    If you are tired of Gloria-bashing; I think we don’t have enough of it! Really. Not enough rage out there, I think.

  17. Rage will bring us nowhere, as in EDSA 1 & 2. The most difficult bar to hurdle is a question. For whom shall we fill the streets this time? This is why no coup would ever gain mass support, despite the massive discontent. Elections keep our hopes alive. False ones, mostly. Decentralization could keep Gloria in check. Also her successors.

    Yours is a circuitous and uncertain route. Federalism is a senseless idea. It would free us of Imperial Manila, by strangling us with several States! I see decentralization as doable, compared to federalism. If only my idol, Senator Nene Pimentel, would regain his senses! The country needs him now.

  18. reytrillana Says:

    “Rage will bring us nowhere, as in EDSA 1 & 2. The most difficult bar to hurdle is a question. For whom shall we fill the streets this time? This is why no coup would ever gain mass support, despite the massive discontent. Elections keep our hopes alive. False ones, mostly. Decentralization could keep Gloria in check. Also her successors.”

    The problem with many people is that they look at EDSA 1 and 2 as simply people going to the streets. This is wrong. Rallies, demonstrations, etc are just expressions. EDSA 1 in particular is an expression of the soul of a nation, an expression of its rage. The absence of rage simply shows a resigned and disempowered people.

    Yours is a circuitous and uncertain route. Federalism is a senseless idea. It would free us of Imperial Manila, by strangling us with several States! I see decentralization as doable, compared to federalism. If only my idol, Senator Nene Pimentel, would regain his senses! The country needs him now. Circuitous and uncertain..yeah…but as opposed to what we have now? Why are people so afraid of sweeping changes? Strangling us with several states? As I wrote in my other reply, federalsim will make imperial Manila irrelevant. and even assuming your state (for example) become imperious then mechanisms for resistance are readily accessible. You fight your state then in an arena that you know.

  19. EDSA 1 was an expression of the soul of a nation, an expression of rage. So is silence. In EDSA 1 & 2 we leaped from the frying pan into the fire. Why should we leap again?

    Our system is working despite flaws in implementation. It can be dramatically improved under the present charter, but nobody is making any move to do it. Congress promises to give it through a cha-cha powers that it withholds now. It’s senseless. If we have funds for Pangasinan, why don’t we give it directly to the province? Why do we have to course it through Tuguegarao? Why can’t you just allows lgu’s to operate without states hovering over their heads?

  20. “You fight your state then in an arena you know.” Would an Ilocano or Igorot consider Northern Luzon as an area he knows? All I am asking for are amendments to the local government code which even federalist Dr. Jose Abueva proposes. Why go for sweeping changes when we can’t even fully implement and amend a simple law?

  21. [...] carlomasajo Says: May 12, 2008 at 10:24 pm [...]

  22. Juan "Suan" Macabalen Says:

    I disagree with the organization of the states. In particular, the Kapampangan Region should not be part of Central Luzon. The following news item explains some of the reasons:

    Separate state for Kapampangans

    DURING its general meeting on November 21 (its first in over 20 years) held at the Mayor’s Office Conference Hall, City of San Fernando, the Aguman ding Talasulat Capampangan (Agtaca), a League of Kapampangan writers, overwhelmingly passed a resolution supporting the establishment of a Kapampangan State separate from Central Luzon in the event of a shift to the federal system.

    The writers expressed alarm that the growing shift to Tagalog, especially among the younger generation, will accelerate and become irreversible under a Tagalog-majority Central Luzon state.

    There is an ongoing revival of the Kapampangan language and culture, which has seen the entry of the language into television, film, rock music, and the Internet, and gained the support of various sectors, and of local governments and the academe.

    But writers fear that this cannot be sustained in a federal state where Kapampangans will be a minority (about 28 percent of Central Luzon, in contrast to the present Pampanga Province, where Kapampangan is the majority language).

    Without state support (since Tagalog would almost certainly be the state language of Central Luzon, aside from being the national language of the Philippines), the steep decline that Kapampangan is experiencing could end in extinction of the language, and the disappearance of the Kapampangans as a people.

    The resolution noted that Kapampangan is one of the eight major language groups in the Philippines (and only one of only two major groups which do not form the majority in any state in Senate Resolution 10 authored by Senator Aquilino Pimentel), and that Kapampangans have played a key role in Philippine history (the only non-Tagalog group represented in the eight rays of the flag, they have given the country two presidents, the first Catholic cardinal, and members of the Cabinet in each administration).

    The proposed Kapampangan State is of sufficient size (it is larger in area and population than at least 26 independent countries, and in population than another 26), and can support itself financially, Pampanga being one of the most economically progressive provinces (it is third out of 80 provinces and 137 cities of the Philippines in assets, according to the latest COA report).

    The state would be composed of the province of Pampanga, including the component city of San Fernando, as well as the highly-urbanized city of Angeles, as well as the city of Tarlac, and the Kapampangan-majority Tarlac towns of Bamban, Capas and Concepcion, and possibly adjoining Kapampangan areas of other provinces.

    It would have an international airport (the Diosdado Macapagal International Airport in Clark), and access to the sea in Macabebe, Masantol and Sasmuan. At present, the Tarlac towns of Bamban and Capas are part of the Clark Special Economic Zone along with Angeles City and the Pampanga towns of Mabalacat and Porac. (Press Release)

    (November 24, 2008 issue)

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