President Rodrigo Roa Duterte is tagged as the Federalist of our time because his ultimate mission is to federalize the Philippines. This move for federalism is to eliminate the causes of inequalities, injustices and internal imperialism. This seems like a dream to those who experience some form of discrimination and neglect from the very government that is supposed to look out for the well-being of its people. However, majority of Filipinos ask what is federalism? How can this abstract concept of government help the poor whose main concern is where to get their next meal?
To shed light on this complicated topic, DILG (Department of Interior and Local Government) and MRRD – NECC (Mayor Rodrigo Roa Duterte – National Executive Coordinating Committee) distributed a 48-page primer. It is called DILG and MRRD – NECC People’s National Movement for Federalism (PENAMFED) Federal – Parliamentary for the Philippines. It is an educational material that contains what every Filipino should know regarding federalism.
This entry is the second of a two-part feature. This one focuses on the three branches of the federal government. To read the previous entry, please proceed here.
I reiterate that the content of this entry is mainly from the primer made by DILG and MRRD – NECC People’s National Movement for Federalism (PENAMFED) Federal – Parliamentary for the Philippines. I edited some for brevity and order.
What are the branches of the government under federal – parliamentary system?
The branches of the government under federal – parliamentary system are executive, legislative and judicial.
Who are the leaders of the executive branch?
The executive powers are vested in the President, Vice President, Prime Minister, and the Cabinet.
What are the duties, powers and functions of the federal president?
- Acts as figure and ceremonial head of the Federal Republic
- Receives heads of states visiting the country.
- Nominates the Prime Minister from among the members of the Federal Parliament subject to the latter’s confirmation.
- Dissolves the parliament, when on his opinion, the people have lose trust and confidence in the Parliament, and only upon proper consultations with the federal states.
- Declares war against any hostile country subject to the ratification of the parliament.
- Recommends the enactment of necessary laws and the formulation of policies to the parliament.
- Appoints Ambassadors, Consuls and the Officers of the Arm Forces of the Philippines, National Guards and the State Police from the ranks of Coronels to Generals for confirmation of the Federal Parliament.
What are the duties, powers and functions of the federal vice president?
- Acts as presiding officer of the parliament
- Except the power to dissolve the parliament, exercises the powers and perform the duties and functions of the president when the latter is outside of the country
- Exercises the powers and perform the duties and functions of the president when the latter is physically and mentally unfit as maybe declared by competent authority
- Conducts consultation meetings in the various states on matters related to the affairs of the central government in aid of policy formulation
What are the duties, powers and functions of the Prime Minister?
- The Prime Minister is the head of the federal government
- The Prime Minister shall be assisted by three deputies, one for Luzon, one for Visayas and one for Mindanao, whom the President shall appoint from among the highly qualified Filipino intellectuals
- The Prime Minister serves at the pleasure of the parliament
- The Prime Minister heads the cabinet ministers
What are the duties, powers and functions of the Cabinet Members?
- Majority of the cabinet members are chosen by the Prime Minister from among the members of the parliament
- Members of the cabinet should be chosen proportionately from the states
Who are the leaders of the legislative branch?
The legislative powers are vested in the federal and state parliaments.
How long is one term of the members of the Parliament?
The term of the members of the parliament is five years.
How are the members of the Parliament elected and what are the requirements to be a member of the Parliament?
There shall be sectoral members of the parliament who shall be elected from among the members of sectors that they seek to represent. The sector shall be the marginalized sectors such as the labor, youth, women, farmers, OFWs, indigenous peoples and the elderly. Every sector is entitled to only three (3) members of the parliament and each of them should come from Luzon, Visayas and Mindanao.
Each and every member of the parliament shall be holder of at least college degree and should also possess those qualifications for members of the present Congress of the Philippines as provided by existing laws. (The college degree holder part is one of my favorite provisions. This part will not ensure a less corrupt parliament member, but at least we will have leaders who went to school like the rest of the Filipinos).
What are the duties, powers and functions of the Federal Parliament?
- Enacts laws of national application
- Ratifies international treaties entered into by the federal government.
- Approves the budget of the federal government
- Ratifies a declaration of war made by the President
- Confirms the nomination of Prime Minister and his Deputies
What are the different states?
What is the State Parliament?
What are the duties, powers and functions of the State Parliament?
Among others, the state government looks after the following:
Social, economic, cultural and political well-being of its constituents.
Maintenance of peace and order.
Enforcement of national and state laws.
Development of the local government units.
Regional competitiveness.
Who are the leaders of the states?
What are the duties, powers and functions of the Local Government Units (LGUs)?
The officials and structures of the local government as presently constituted shall be the same in the New Constitution. However, it is proposed that the structure as much as possible and the election of the officials of the state government should be adopted down to the local government units to finally put to rest the culture of vote-buying, terrorism and intimidation.
Who are the leaders of the judicial branch?
The judicial powers are vested in one Federal Supreme Court and in the State Supreme Court.
What are the duties, powers and functions of the Federal Supreme Court?
- Exercise original jurisdiction over cases affecting ambassadors, other public ministers, and consuls.
- Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus involving issues under federal laws.
- Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
- All cases in which the constitutionality or validity of any treaty, international or executive agreement, federal law, executive issuances, proclamation, order and instruction.
- All cases involving the legality of any tax, impost, assessment, or toll, as may be imposed by federal law.
- All cases in which the jurisdiction of any lower court is in issue.
- All criminal cases in which the penalty imposed is reclusion perpetua, life imprisonment or higher.
- All cases in which only an error or question of federal law is involved.
4. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six (6) months without the consent of the judge concerned
5. Order a change of venue or place of trial involving federal laws to avoid a miscarriage of justice.
6. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law and legal assistance to the underprivileged. Such rules shall provide a simplified, inexpensive and uniformed procedure for the speedy disposition of cases.
7. Appoint and administer all other officials and employees of the federal judiciary in accordance with the Civil Service Law.
What are the duties, powers and functions of the State Supreme Court?
- Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus involving issues about state laws.
- Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts.
- Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six (6) months without the consent of the judge concerned.
- Order a change of venue or place of trial involving state laws to avoid a miscarriage of justice.
- Appoint and administer all other officials and employees of the state judiciary in accordance with the Civil Service Law.
- All decisions of the State Supreme Court are final and executory except those appealable cases to the Federal Supreme Court.
Who composes the Federal and State Supreme Courts?
The Federal Supreme Court shall be composed of a Chief Justice and fourteen (14) Associate Justices, while the State Supreme Court shall be composed of a Chief Justice and six (6) Associate Justices.
Who safeguards human rights?
For related entries, please read DILG and MRRD – NECC PENAMFED’s Federal – Parliamentary for the Philippines, My MRRD – NECC Experience, My Guiling “Gene” Mamondiong Experience, Mayor Duterte at MRRD – NECC, and The People’s Call – Year One.
The proposed federal form of government could change the course of governance. should lessen expenses for the personalitites to govern. If we retan the present regions they are now but no more district representative for every district. Is it necessary to have as many district representatives to made laws, when there are plenty of laws inacted yet the politicians were the first to violate? Why not pick or elect just 5-8 persons to represent the region in the Parliament (maybe 1 is to 1 million, which the Parliament will have 85 the least members in the Parliament ) since their duty is to legislate or make laws, which can be made or sponsored by one and others to four persons or members of the Legislative, to suport or co-sponsor. So that, less persons to budget (less expenses for salaries, wages and bonuses)
Also, why there will be Regional Ministers, if so then the provincial governors of each region shall elect or choose (by the people or among the governors, just in the RDC today) who will be the deputy ministers to the Prime Minister.
Then if possible, no more party system. the person can stand by himself. his duty is to execute, legislate and defend the Constitution as it is, not the Party he belongs. The integraity of the person is needed and the voting citizens will shoose this kind of person, who has the capabilty and capacity not because he or she is a member of the ruling party or a scion of a rich family.
there are more [points in the proposed form of federalism tobe discussed publicly in the public forum. So that, we Filipinos, will not a laughing stock, due to change then falter in implementation. LET THIS BE PUT IN A PUBLIC FORUM. Because this is made for the good of the Filipinos not for the Chosen Few.
Mr. Teves, thank you for your insights on federalism.
GO FERALISM