DEVOLUTION, AUTONOMY, AND FEDERALISM
IN THE PHILIPPINES:
Political Implications & Challenges

J. PROSPERO E. DE VERA III, PhD
U.P. Center for Leadership,
Citizenship, and Democracy

HISTORICALLY:
"Human settlements in the Philippines were formed as part of the trade and migration flow In Asia. A range of human settlements were formed along riverbanks, coastal areas, and deltas (sa ilud sa raya) in the north and central parts of the archipelago and more advanced sultanates in the southern part of the Islands
A tradition of local autonomy and federalism was observable in the Philippines prior to the colonial period through the barangays and sultanates."

UNDER THE COLONIAL PERIOD:

Centralization became a weapon of the Spaniards in colonizing the country. Parcels of land (encomiendas) were awarded to favored persons who assisted in the pacification of the islands
These encomiendas became the basis for creating provincias (provinces), cabildos (cities), and pueblos (municipalities)
A pattern of forced relocation (reduccion) was imposed to create land-based communities.

The Philippine Republic organized by Aguinaldo and Mabini in 1898 could not support local autonomy or federalism due to the requirements of fighting a war.

The Americans (1901-1946) retained the Manila-controlled centralized local government structure within a presidential system.

The post-war Philippine Republics (1946-1972) kept centralism intact and a process of fragmentation started
There were 50 provinces in 1946, there are now 79 provinces in 2002Under the period of authoritarianism (1972-1986) attempts to promote local autonomy, decentralization, and autonomous regions (Mindanao) gave way to the authoritarian requirements of control. Demands for federalism was strong in Mindanao from the 1960s-1980s.

Demand for local autonomy and federalism was very strong after the People Power revolution of 1986. The 1987 Constitution provided for autonomous regions (Cordilleras and Muslim Mindanao) and guaranteed local autonomy but not federalismLocal Government Code (R.A. 7160) in 1991 transferred responsibility for the provision and delivery of basic services and regulatory functions in health, social welfare, environment and agriculture to local government units.

RA 7160 also broadened the taxing powers of local governments
Under the "General Welfare" clause of the Code, local governments exercise responsibilities over the whole range of human activities.

Additional national laws have increased responsibilities of local officials.

Ten Years After The Code

• Transitory problems (absorption of devolved personnel, facilities) have been addressed
  
• Wide range of Innovative projects and innovative leaders have emerged and been recognized
  
• Active participation and advocacy of CSOs through open and accessible decision making processes
  
• Financial decentralization is high in the consciousness of local officials
  
• LGUs are more entrepreneurial and link up with private sector and CSOs
  
• Autonomous Region of Muslim Mindanao (ARMM) has been created by law and is functioning. Cordillera Autonomous Region rejected in plebiscite
  
• Leagues of local government units are active and organized under the Union of Local Authorities of the Philippines (ULAP)
  
• Proposed amendments (SBN 846) call for more devolution
  
• New problems (conversion and/or creation of municipalities to cities, provinces) have emerged [79 provinces, 114 cities, 1495 municipalities, 41,940 barangays]
  
• Continuing enactment of national laws increasing responsibilities of LGUs
  
• Unfunded mandates and automatic IRA release
  
• Improving horizontal and vertical Inter-governmental relations and cooperation
  

IT IS CLEAR THAT THE FUTURE OF DEVOLUTION AND AUTONOMY IN THE PHILIPPINES IS SECURE… BUT THE PROSPECTS FOR FEDERALISM REMAIN PROBLEMATIC DEVOLUTION, AUTONOMY, AND FEDERALISM IN THE PHILIPPINES
CHALLENGES.

1.Shift to federal system will require constitutional amendment

2. How to separate the federalism proposal from other charter change issues [term limits]

3. Past attempts at federalism were done in abnormal context -development of models of federalism to enhance debate and discussion

These models must incorporate:

• Politically acceptable central-federal-provincial-municipal/city division of powers that will not significantly dilute powers given under the LGC
  
• Protection of the rights of minorities - Muslims and Indigenous Peoples
  
• Clear and equitable resource-sharing arrangements/fiscal relations
  
• Rationalize existing political subdivisions by consolidation, amalgamation, etc.
  
• Be written as amendments to the existing Constitution
  
• Be framed to accompany proposals for a shift to the parliamentary or a modified presidential form of government

4.Answer persisting questions raised against federalism, such as:

• Fragment or dismember the country
• Strengthen ethnic regionalism
• Result in uneven developments across regions
• Encourage & strengthen local warlords and corrupt politicians
• Increase the size of bureaucracy

5.Make advocacy for federalism a national rather than a regional (Mindanao) movement

6.Identify and develop Luzon-based federalism "champions" in addition to Pimentel, Osmena, etc.

7. Make federalism an election issue in 2004 and move for constitutional change after the elections.

About the Author

Dr. Prospero "Popoy" de Vera is an Associate Professor at the National College of Public Administration and governance, University of the Philippines, Director of the U. P. Center for Leadership, Citizenship and Democracy (CLCD), Legislative Liaison of the UP System to the Senate, and currently serves as Senior Consultant for Agriculture, Environment and Agrarian Reform in the Office of Senator Aquilino Q. Pimentel, Jr. Dr. de Vera has had extensive experience in the legislative branch of government in the Philippines and the United States. He served as Chief of Research and Technical Assistant to Senate President Protempore Sotero Laurel in the 8th Congress, moved over to become the Chief of Staff of Congresswoman Baby Puyat-Reyes, and has been consultant for Senators Leticia Ramos-Shahani, Gregorio Honasan, Juan Flavier, andRamon Magsaysay, Jr. He left the Philippines in 1990 as a Fulbright-Hays visiting scholar to the University of Southern California in Los Angeles and the California State University In Sacramento. While in the U.S., he served as Senior Consultant of the Committee on Revenue and Taxation of the California State Legislature where he wrote several bills on recycling, tax incentives for waste minimization and hate crimes. Dr. de Vera was the first Filipino' recipient of a California State Assembly Resolution [Res. No.7 given by Speaker Willie Brown] commending his work at the California Legislature in 1992. He served as Executive Director of the Congressional Commission on Agricultural Modernization (AGRICOM) that drafted the Agriculture and Fisheries Modernization Act (AFMA). In recognition of his expertise in the legislative branch, he was designated by Presidents Ramos and Macapagal-Arroyo as member or adviser to the Philippine delegations to the 1994 UN International Conference on Population and Development held in Cairo, Egypt, the 1995 UN World Summit on Social Development held in Copenhagen, the 1996 UN World Food Summit in Rome, and the recently concluded 2002 UN Special Session on Children in New York. As Senior Consultant of Senate President Pimentel, Popoy was part of the team that drafted the Omnibus Amendments to the Local Government Code that was filed as Senate Bill 2064 in the 11th Congress. He has served as consultant to UNICEF, UNDP, ADB, Congressional Commission on Labor, the Congressional Oversight Committee on Labor and Employment, and several executive departments.