Federalism

and Political
Reforms
Prof. Dr. Julio C. Teehankee
Member, Consultative
Committee to Review the
1987 Constitution

Image Source: http://www.economywatch.com/files/story/philippines_buttons.jpg

Current Realities
Metro Manila, CALABARZON, and
Central Luzon account for 62% of
GDP while 14 out of 17 regions
account for only 38%

Philippine economic geography

has remained the same in the past
4 decades

Traditionally poor regions of

Western Mindanao left behind
because of protracted conflict
decentralization

Self-rule plus Shared-rule

the state is divided between a national

government and regional or subnational
governments

the powers of government are

constitutionally allocated between these
two levels of government

each level of government possesses

some autonomy from the other
 Bayanihan Federalism

• evolving • cooperative • bottom-up

Leveling the Political Playing Field

1 Anti Political Dynasty Provision

2 Strengthening Political Parties

3 Party List Reforms

4 Campaign Finance Reforms

Political Dynasties Across Regions

295
Central Calabarzon
Luzon Bicol
20 15
21

Metro
Western Mimaropa Central
Manila Visayas 11 Visayas
31 12 10

Source: Puno and Enriquez (2017)

Average Dynastic Share

Source: Ateneo School of Government Local Government Leadership Database

Dynastic Trend

By 2040, 70% of the local government officials will be

dynastic
Source: Ateneo School of Government Local Government Leadership Database
 Anti Political Dynasty Provision

The State shall prevent the concentration, consolidation, or perpetuation of

political power by persons related to one another.

a) A political dynasty exists when a family whose

members are related up to the second degree of
consanguinity or affinity whether such relations
are legitimate, illegitimate, half or full blood,
maintains or is capable of maintaining political
control by succession or by simultaneously
running for or holding elective positions.
b) No person related to an incumbent elective official
within the second civil degree of consanguinity or
affinity, as described above, can run for the same
position in the immediately following election.
c) Persons related within the second civil degree of
consanguinity or affinity, as described above, are
prohibited from running simultaneously for more
than one national and one regional or local
position. However, in the event that two or more
members of the same family are running, the
member who shall be allowed to be a candidate
shall be determined by the drawing of lots.
d) Congress may, by law, provide for additional
prohibitions.
Weak Citizen-Party Linkages
 Strengthening of Political Parties: Party Registration

The State shall ensure the development and strengthening of political parties as
mechanisms of citizen representation and democratic governance.

a) Every political party shall be registered with the
Commission on Elections which shall ensure that
the political party has duly adopted democratic
program and platform of government.
b) Religious denominations and sects shall not be
registered. Parties which seek to achieve their goals
through violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or which are
supported by any foreign government shall
likewise be refused registration.
c) Financial and other kinds of contributions
intended to directly or indirectly influence the
electoral outcome coming from foreign
governments and their agencies, and criminal
sources, and given to political parties and their
affiliated organizations, political coalitions, or
candidates are prohibited, and, when accepted,
shall be an additional ground for the cancellation
of their registration with the Commission on
Elections, without prejudice to other penalties that
may be prescribed by law.
 Strengthening of Political Parties: Party Administration

The State shall promote the development of political parties as democratic public
institutions.

a) Political parties shall be freely established and open
to all citizens who share the same party program,
adhere to the party constitution, and practice
party discipline.
b) Political parties shall develop and institutionalize
democratic system of internal decision-making
and allow for active citizen participation.
c) Political parties shall observe fair, honest, and
democratic processes in nominating and
selecting party officials and candidates for public
office that will include the marginalized and
underrepresented sectors of society.
d) Political parties shall assist in democratic public
education and promotion of democratic values in
society.

e) Political parties shall provide that proper and

proportionate representation of candidates for
every election are women.
 Strengthening of Political Parties: Party Switching Ban

The State shall assist in ensuring strong and cohesive political parties.

a) Any member of a political party elected to public
office is prohibited from changing political
parties within their term of office.
b) Any candidate for public office or any official of a
political party is prohibited from changing political
parties within two years immediately after an
election and two years before the succeeding
election.
c) Any political party is prohibited from accepting
any of the persons above referred to. Any violation
thereof shall be a ground for the cancellation of its
registration.
d) Any change in the membership of any political
party arising from a violation of the abovementioned
provisions shall be reported to the Commission
on Elections.
e) No political party shall nominate more
candidates than the number of persons required
to be voted for in an elective position nor shall
any candidate be allowed to accept nominations
from more than one registered political party,
except in cases of aggrupations or coalitions
thereof.
 Issues of the Party List System

Image Source: Rappler

Image Source: Rappler

Sectoral or Proportional Representation? Modes of Seat Distribution

Image Source: Rappler

Image Source: Rappler
Marginalized Sectors Coopted Party Lists
 Party List Reforms
(3) The remaining forty per centum (40%) of the members
(1) The House of Representatives shall be composed
of not more than four hundred (400) members
unless otherwise provided by law.
(2) Sixty per centum (60%) of the members of the
House of Representatives shall be elected by
plurality votes where each single member
legislative electoral district shall have one (1) seat
in the House of Representatives. Single member
legislative districts shall be apportioned among the
provinces, cities, and the Metropolitan Manila area
in accordance with the number of their respective
inhabitants on the basis of a uniform and
progressive ratio as may be provided by federal
law.
(4) For three consecutive terms after the ratification of
of the House of Representatives shall be comprised of
representatives elected nationally by proportional
representation where the registered voters shall be
allowed to cast a vote for a political party with a
closed-list of nominees. Proportional representation
shall mean that a political party’s closed list of
nominees shall be entitled to the number of seats in the
House of Representatives equivalent to the percentage
of the number of votes received by the political
party in proportion to the total number of votes
nationally cast for all political parties. Only political
parties that have obtained at least five per centum
(5%) of the valid votes cast nationally shall be allowed
to fill the seats with its nominees as members of the
House of Representatives in accordance with the order
of the names on the list.
this Constitution, one-half of the seats allocated for
proportional representation shall be reserved for the
nominees of political parties from economically
marginalized sectors, namely, labor, peasant, urban
poor, indigenous cultural communities, and fisher
folks.
 Issues of Money Politics

Campaign Contribution Campaign Spending

Who can contribute? How much can be spent?

How? For what?

Image Source: ABS CBN

Image Source: ABS CBN

State Subsidies Monitoring

Should the State How to promote

subsidize electoral transparency ?
campaigns? How to strengthen
How? COMELEC enforcement?

Image Source: PCIJ

Image Source: PCIJ
Source: Aceron and La Vina, 2016
 Campaign Finance Reforms

Donors
Citizens

Recipients
Candidates Government Parties

Corporations

Subsidies through tax credits

Reasonable spending regulations
Constitutional Roadmap to Political Reforms
Political Recruitment and Circulation
Sec. 26, Art. II - Anti-political Dynasty
Sec. 4, 7, Art. VI; Sec. 4, Art. VII; Sec. 8, Art. X - Term Limits
Electoral System Design
Sec. 5, Art. VI - Mixed Electoral System (Party list)
Sec. 2, Art. VI - Election of Senators
Sec 4, Art. V - Election of President/Vice President
Electoral Administration
Sec. 2, Art. IX - Commission on Election
Sec. 5, Art. VI - Census and Electoral Districts
Sec. 4, 7, 8, Art. VI; Sec. 4; Art. VIII - Schedule of Elections
Sec. 17, Art. VI; Sec. 4; Art. VII - Electoral Tribunals
Sec 2, Art. IX(C) - Campaign Finance
Sec. 1, 2, Art. V - Suffrage, Turn-out, and Secret Ballot
Strengthening of Political Parties
Sec. 6, Art. IX(C) - Free and Open Party System
Sec. 8, Art. IX(C) - Restriction to Party List Organizations
Direct Democracy
Sec. 32, Art. VI - Initiative and Referenda
 The Grand Bargain

•Great powers to be
shared with regions
•The political elites should
give a part of their
advantage
•Everyone should begin
from the same starting line
•A heroic moment