Citizens' Petition for Change

Citizens' Petition for Change

Thursday, September 25, 2014

Federalism: The Change Process Series #1


On the Justice System

1.     Each independent state shall have one Superior Court, and for the Federal Government there shall be a Federal Supreme Court.

 What is the distinction between the Superior Court and Federal Supreme Court?

Answer:

The distinction between the two is that the former, in matter of case decisions,  shall be the Final Arbiter among all lower courts within the State, and shall interpret all laws and ordinances that the state have enacted. That all case decisions therefrom shall be final and irrevocable, except in case decisions contrary to the Federal Constitution that the Federal Supreme Court shall intervene. The latter shall hear, decide and try concerning the conflict among the states, e.g., breach between the states' jurisdiction that cannot be settled within the contending parties themselves, and any decision shall be final and irrevocable concerning the general welfare of justice system.

How do we get our Federal Supreme Court justices and the Chief Justice?

Answer:
            
The Federal Government shall make list of nominees of Justices from each independent state, and the President, with the best of his choice, competence and knowledge, has the exclusive power to appoint the chief justice. State justices shall have an exclusive power to appoint judges of its own. Further, each independent state has the power to set rules and procedures for the organization and structure of their respective justice system.

The Judiciary in each independent state shall be composed of the following:


  • One Commercial Court: which hears, try, and decide concerning all commercial discrepancies.


  • One Civil Courts: which hears, try, and decide concerning properties, relation of persons, religious conflicts, and all similiar cases that may fall under civil suits and the like.


  • Criminal Courts: which hears, try, and decide concerning criminal cases wherein the State is the complainant or the plaintiff.


  • Court of Appeals: which hears, try and decide all cases from lower courts





    10 Reasons Why Philippines Should Go Federal

    Why do we really need to change the unitary system to decentralized federal system? 

    1) Unlike the present unitary system, in the federal system, we will have a transformation or decentralization of regions to local states or independent state with a national or federal government.
    2) States will have devolution of economic revenue i.e., 80% retention of internal revenue with 20% would be contributed to national government.
    3) States shall have constitution and bylaws of its own in concurrent to the federal government but residual powers shall be reserved.
    4) States shall have state congress of their own and having equal representation to national congress or federal congress elected from each state.
    5) States shall enjoy full autonomy on trade, commerce, education, state security, industries and local economic measures.
    6) State shall have state supreme court of justice and justices and having a national federal supreme court as appellate court.
    7) States shall have constitutional independent commissions and inter-state relation agencies to establish cooperative actions.
    8) States may have access support to national guard in the pursuit of peace and order maintaining security against internal or outside threat.
    9) States shall be protected from cessation, separation, rebellion, and entitled therefrom a tender support of the Federal government in cases of these as part of the Federal Government.
    10) States are responsible for creating appropriate measures, development plan under state constitution.


    FEDERALISM for Philippines


    Revenue Allocation and Responsible Fiscal Federalism


    A big government is a lucrative breeding ground for corruption. This makes the government less capable of being disciplined by the governed. This only strengthens the case for pushing a smaller central government whose focus should be shifted away from micro-management tasks. Instead, the national government needs to refocus its functions on issues of truly national and international concerns such as interstate commerce, national defense, federal policing of certain interstate crimes that threaten the stability of the whole country, diplomacy, and other affairs of similar kind.
    Advocating for Federalized Revenue Sharing and Allocation
    Taxation is perhaps the most important function of the government. Decentralizing the power to tax helps minimize countless problems associated with centralized fiscal arrangement. Under the current fiscal setup, the national government takes the lion's share of all taxes collected and retains the right to allocate the budgets to the LGUs (Local Government Units) according to certain requirements. However, reversing the revenue allocation by giving the national government 20% of the total taxes collected while allowing the local governments to retain 80% of the share, can mitigate so many issues arising from government inefficiency and ineffectiveness. More often than not, when LGUs face criticisms of being less responsive, they are most likely to attribute this problem to lack or insufficiency of funds. Below are some arguments supporting for a reverse revenue allocation in a proposed Federal setup.
    1. In a reverse revenue sharing arrangement analogous to the foregoing, political influence of questionable interest groups such as some fake NGOs or other organizations lobbying for government largesse can be reduced. Under this setup, the national government would be forced to confine its roles and responsibilities to national concerns which it can better manage. This makes pork barrel projects less politically attractive which has been the source of contention. This would even incentivize the local governments to be more particularly selective when coming up with projects and the means to concretize them.
    2. Placing the power of taxation more to the local governments could mean greater accountability because it would make the political costs of project and budgetary proposals in line with the social costs. In the current fiscal arrangement, the national government is less discriminatory because of its innate ability of figure out what's best for a certain locality to which the projects are intended for. If the peso tax raised by a local government could be spent on the local taxpayers themselves, the government would have the tendency to avoid wasteful spending. Why? Reverse revenue sharing motivates local taxpayers to oppose any projects that may adversely affect their interest. This would even force the local governments to be wiser in managing their local coffers since the issue of taxation is much closer to home. Transferring the bulk of tax revenues from local coffers to the national treasury would only result to underfunding or worst, non-funding at all because the organized interest groups in the Congress would then be motivated to lobby for funds which will not necessarily benefit everyone nationwide.
    3. When local governments obtain financial grants or budget allocations from the central government, the peso tax they capture will be directed to finance projects elsewhere. This is the reason why Imperial Manila gets the chunk of development funds while the rest of the country suffers from underfunding.
    4. If reverse revenue sharing would be pursued in a Federal setup, vested interests in the national level would not undermine the only source of revenue that local governments have. Right now, we have seen the futility of many local government officials lobbying for funds, no matter how urgent, which are often turned down by national officials citing the limits of budgetary provisions.
    5. The 80-20 share can help promote efficiency in government's fiscal activities by encouraging competition among local government units. Quality tax-related decision-making and the ability to spur vibrant economic activities would become a necessity since self-reliance would force local voters to re-evaluate their voting behavior. This would make them re-think of selecting leaders who would best tailor their interests in the context of fiscal reality and discipline.
    A reverse revenue-sharing according to 80-20 setup is not only morally fair and economically responsible but also pragmatic in bringing a healthy form of fiscal federalism that is currently absent in the unitary form of government. With all these arguments in mind, I certainly hope that change will be in sight in our lifetime.

    SYSTEM REVOLUTION: THE FEDERAL SOLUTION


    DEVELOPMENT THROUGH ECONOMIC DECENTRALIZATION

    NATIONAL DEVELOPMENT IS LOCAL!
    Through Region-based Economic Decentralization, the regions will be empowered to make their own economic and business-related decisions so that they themselves can decide how they want to attract investors to come over and set up companies in the regions.


    Instead of a centralized unitary economic management by Imperial Manila, we end up with empowered autonomous Regions who can compete with each other in trying to best attract investors and businesses. Whether it be by providing lower taxes or creating better policies, or it could even be by simply improving the efficiency of their own regional governments, the simple point here is that by making the empowered Regions compete with each other, they are forced to improve themselves in order to attract economic opportunities and businesses because in turn, the more businesses go to regions, the higher their revenues, the better the region’s infrastructure, and the more respectable the region’s leaders become.


    If certain regions succeed in making themselves richer by successfully attracting so many investors and multinational companies as well as national companies originally headquartered in Manila, since they are autonomous and empowered to keep a bigger share of the tax revenue that they collect and are also empowered to make their own regional decisions, they may even decide to raise the salaries of their own government employees and leaders, thus making it unnecessary to resort to graft and scraping little kickbacks just to decently raise families. Regions will compete against each other and thus try to lessen their inefficiencies, lessen corruption, lower taxes, improve infrastructure, etc.

    State-based Education: Solving the Underfunding Problem of Public Education

    Fight the underfunding of public education! 
    State-based education in a Federal system of government provides a wide array of compelling reasons for change. Public education should be the sole concern of local governments not the national government. Why? For the following reasons:


    1. Decentralizing public education has resulted in downsizing an overgrown and overstretched bureaucracy which is not very effective in responding to the specific demands of education in a particular locality. DepEd’s attention is mostly confined in urban areas where people are highly concentrated. This leaves all other regions underfunded and undermanned.

    2. Devolving the power to allocate educational budget in the hands of the local government would allow them to experiment and innovate schooling techniques without being constrained by bureaucratic regulations from the top.

    3. A state-based education system is better suited to develop the innate potential of the people in a particular locality. Each Federal state has specific demands for education that may not be true elsewhere. Educational policies should be developed along regional lines. It is only logical to make an education system tailored to a state's specific needs and demands.
    4. Tackling the problem of bureaucratic corruption in education can be addressed more effectively and efficiently in the state level because of less red tape.

    5. State-based education can be more inclusive to the cultural sensitivities to places of heterogeneous cultural mix. This makes assimilation of all peoples from different ethnic communities, cultural, and religious backgrounds more effective.

    Why CHANGE from Unitary to Federal form of government?


    BUWIS NG MINDANAO PARA SA MINDANAO!

    Fight for 80-20 Revenue Share!
    Only a small fraction that people in Mindanao pay for their taxes goes back to them. Approximately, 54-60% of the taxes that the government collects come from Mindanao. But even so, Mindanao is lagging behind Luzon and Visayas in terms of overall economic development and even in literacy rate.


    Advocating for Federalized Revenue Sharing


    Under the current fiscal setup, the national government takes the largest share of all taxes collected and retains the right to allocate the budgets to the LGUs (Local Government Units) according to certain requirements. However, reversing the revenue allocation by giving the national government 20% of the total taxes collected while allowing the local governments to retain 80% of the share, can prevent so many issues arising from government inefficiency and ineffectiveness.


    Placing the power of taxation more to the local governments could mean greater accountability because it would make the political costs of project and budgetary proposals in line with the social costs. Local government units are in the best position to determine what’s best for them. The 80-20 share can help promote efficiency in government's fiscal activities by encouraging competition among local government units. Quality tax-related decision-making and the ability to spur vibrant economic activities would become a necessity since self-reliance would force local voters to re-evaluate their voting behavior. This would make them re-think of selecting leaders who would best articulate their interests in the context of financial reality and discipline.

    Davao City Mayor Duterte on Federalism


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