Local Government Units in the Constitution

[FedMan]

Essentially, the largest Local Government Units, save for ARMM and CAR, being Provinces and Cities is defined in Section 10 of the Constitution. Congress, even if it wanted to, cannot create a State or Regional Government or even merge Provinces because of this constitutional provision.

But what if Sec 10 could be amended allowing LGUs to merge and to create subsidiary units should they so desire. Thus, units that share a language or culture or just want to create a more viably sized governance unit from the ground up can do so?

It may be, that since the Supreme Court has recently recoginzed the validity of the law on People's Initiative for Charter Change as long as it is merely an Amendment, and not a revision, and that there is only 1 question at a time, then wouldn't it be strategic to get just this provision amended by a genuine initiative so that if there is indeed a groundswell for federalism or State governments, the people themselves in certain agreeable areas can just go ahead and do it.

[lihok]

Spanish Model: Federal Constitution and structure of the subnational units.
 
Title VIII of the 1978 Spanish Constitution (on the territorial organization of the State)
provided for any number of Comunidades Autonomas to be self-governing,
depending on the will expressed by either the inhabitants, or their political
representatives. The Constitution also made it possible for the degree of self-
government to be wider or restricted, according to the wishes of the nationality
or and region.
 
The Autonomous Communities assumed competences and powers listed in
the Constitution (art. 148). Other  competences remained within the exclusive
competence of the central State, although the central State may transfer
or delegate to the Autonomous Communities, through an organic act passed
in Parliament, some of its powers which can be transferred or delegated (150.2).

[taxj]

Fedman, provinces and cities are lean and mean fighting machines, so to speak. It has established operational and financial procedures and accountabilities. Can you say the same of states? Merger of provinces also involve dissolution. Only one governor and a set of provincial officials will remain. Is this sensible? Is this practicable? Who will make the initiative? Aren't provinces viably-sized enough. Making it bigger would make it less so.

Lihok, we can learn a lot from the Spanish Model. It has strong autonomous states or sub-national units and yet, it has provisions for Parliament to transfer or delegate more powers through an organic act. This is similar to the Philippine setting, except that we have LGU’s instead of states. Congress may and can give more autonomy and fiscal federalization, but it doesn’t. If it does, we would be reaping the fruits promised by federalism. What we need is not federalism but some kind of a revolution to convince or force Congress to do its job. Federalism stands in the way.

[FedMan]

Taxj, Provinces are 88% dependent on IRA. They have lots of collectibles on what is due them by law. Seems like weak political will to collect local revenues and they prefer to sit and wait for the manna from the palace.

Most provinces also only have 2 opposing families for political power.

This is pretty far from being "lean and mean". I think they are fat and mean. :-)

For an understanding of the Federalist Forum of the Philippines vision on federalism please read and comment (if you want) on the 1-inch Federalism proposal contained in the System of Government topic.

Thank you

[bangde92]

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[szykg]

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[xiaoni990]

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