Federalism Concepts Q&A

1. What type of federalism will we discuss in this presentation?
Answer:
The type of federalism that we will discuss is mostly about the federal system of the United States of America.


2. In federalism, is there a difference between the terms the “national government” and “federal government”?
Answer:
There is no difference, they mean the same, they refer to the same entity, and it is only a matter of terminology. The term national government refers to the federal government.

3. Why is it that we will not discuss all types of federalism?
Answer:
The purpose herein is to educate the people about this system and if we will discuss all types of federalism, it would entail lengthy and varied topics, and may result to confusion on the part of the readers, which may only defeat its purpose of guiding the people understand the system.

4. What is federalism mainly about?
Answer:
Federalism is mainly about the division of powers of the government.

5. Is the concept of division of powers of the government prevailing and existing to all kinds of federalism?
Answer:
Yes. The main feature in federalism, and in any form of government, is the division of governmental powers. Such is true in the United States (US), Germany, Canada, or in any other countries having federal system of government.

6. What is our present system in so far as the separation of powers is concerned?
Answer:
We are presently under a unitary form of government, which we refer as the centralized form of government.

7. Is our present system similar with the US system?
Answer:
No. Our system is not the same with the US. It appears the same because we name our head of state as President. We also have Senators and Congressmen. We also have Supreme Court and lower courts. We are similar only as far as how we name, call, or address our public officials but our system is opposite to their system. We are under a unitary and centralized form of government. On the other hand, they have a federal system of government.

8. What is the fundamental difference between the unitary form of government and a federal form of government?
Answer:
The fundamental difference between our present unitary form of government and the federal system is that in our present system our constitution does not enumerate the limitation of the subject matters of legislation of the national government because it is plenary in nature and it covers all subject matters of legislation. Moreover, there is no division of legislative power between the national government and the states because the latter do not even exist.
On the other hand, in federalism, which would legally bring about the existence of states, there would be division of the legislative power between the national government and the states.

9. What division of governmental powers would federalism legally bring about to our government?
Answer:
First is that federalism would legally bring about the creation of states. Second is that it would also legally bring about the division of powers between the national government and the states.
In this system, the legislative power would be divided between the Federal Congress and the State Congresses, the executive power would be divided between the President and the State Governors, and the judicial power would be divided between the Federal Courts and the State Courts.
In such division of powers, in theory, none is superior over the other, and they are superior only on matters within their jurisdiction.

10. Can you cite an illustration of the division of powers between the national government and the states?
Answer:
The following subject matters are within the jurisdiction of the national government:
Regulation of commerce, insurance, communication, transportation, entertainment industries, and banking system, intellectual property and copyrights, national defense, monetary policy, punishment of piracy and economic sabotage, citizenship, and immigration.
The following subject matters are within the jurisdiction of the states:
Regulation of local governments under its jurisdiction, maintenance of public safety, regulation of weapons and explosives, protection of ancestral domain, environment, forestry, and natural resources, regulation of mining industries, regulation of prices of public utilities, labor standards and relations, family and marital relations.
The proposed guideline in the division of powers is that on matters that we are the same, such should be within the jurisdiction of the national government. On the other hand, on matters that we differ, such should be within the jurisdiction of the states.

11. In relation to Question & Answer No. 10, is the division of powers the heart and soul of federalism?
Answer:
Yes. The definition itself of federalism is about the division of powers between the national government and the states.

12. Is it necessary that the division of powers between the national government and the states should follow the same enumeration in Question & Answer No. 10?
Answer:
The enumeration in Question & Answer No. 10 is only an illustration of the division of powers between the national government and the states. It may vary, depending on the wisdom of those who would write the constitution, as to what powers should stay in the national government and what powers should devolve to the states.
In a US type form of federalism, the national government has power over national issues and the states have power over domestic concerns.

13. In a federal form of government, how many states should we create?
Answer:
The number of states may vary. Some advocates propose 14 states. In the Senate Resolution No. 10, it proposes 11 states, namely:
The Administrative Region of Metro Manila where the Capital is in Manila; Northern Luzon State where the Capital is in Tuguegarao; State of Central Luzon where the Capital is in Tarlac City; State of Southern Tagalog where the Capital is in Tagaytay; State of Mimaropa where the Capital is in Mamburao; State of Bicol where the Capital is in Legazpi; Eastern Visayas State where the Capital is in Catbalogan; Central Visayas State where the Capital in Toledo; Western Visayas State where the Capital is in Iloilo City; Northern Mindanao State where the Capital is in Cagayan de Oro; Southern Mindanao State where the Capital is in Davao City; and Bangsamoro State where the Capital is in Marawi.
The groupings as much as possible, as suggested, should be strategic enough not to group entirely poor provinces into one state. A state should be a mixture of poor and rich provinces, and poor and rich cities.

14. What is the governmental structure of the national government (otherwise known as the federal government)?
Answer:
The national government has its chief executive who is the President. It has its congress composed of the Senate and the House of Representatives. It has its Trial Courts, Court of Appeals, and Supreme Court. The decision of its Supreme Court is final.

15. What is the governmental structure of states?
Answer:
In federalism, every state is a mirror of the national government. If you could picture out what a national government is, you could also picture out what a state government is. They have the same structure of government. A state has its chief executive who is the State Governor. It also has its congress composed of Senate and House of Representatives. It also has its Trial Courts, Court of Appeals, and Supreme Court. As a general rule, the decision of its Supreme Court is final.

16. Would federalism legally result into the transfer of some powers of the national government to the local governments?
Answer:
No. Upon the taking effect of a federal system in the Philippines, it would legally result into the transfer of some highest governmental powers of the national government to the states and not to the local governments. The latter would be in a status quo. As a matter of fact, it is the states that would define the powers of the local governments under their territory. Each state is empowered to amend the existing local government code. There would be in effect a different version of local government code for each state.

17. Does the national government have the power to pass laws and is there a limitation?
Answer:
Yes. The national government has the power to pass laws on matters under its jurisdiction based on the enumeration in the constitution. (You may refer again to Question & Answer No. 10). In other words, on matters outside its jurisdiction, it is the states and not the federal government that has the authority to pass laws.

18. Do the states have the power to pass laws and is there a limitation?
Answer:
Yes. Any state has the power to pass laws on matters under its jurisdiction based on the enumeration in the constitution. (You may refer again to Question & Answer No. 10). In other words, on matters outside its jurisdiction, it is the federal government and not the states that have the authority to pass laws.

19. In relation to Question & Answer No. 10, could the national government in that case pass a law penalizing homicide?
Answer:
The national government could not legislate on that subject matter because the constitution vested the power to maintain public safety to the states. The crime of homicide is a matter of public safety. It is the states and not the federal government that should pass such law.

20. In relation also to Question & Answer No. 10, could a particular state pass a law penalizing banking frauds committed in their area of jurisdiction?
Answer:
Such a particular state or any state could not pass on that subject matter because the regulation of banks is within the jurisdiction of the national government. It is the federal government and not the states that should pass such law.

21. What is the purpose of questions No. 19 and 20?
Answer:
The purpose of those questions is to explain and clarify the division of powers between the national government and the states. They are both supreme on matters within their respective jurisdiction. In the first illustration, it explains that the national government could not encroach on matters within the jurisdiction of the states. In the second example, in the same manner, the states could not also encroach on matters within the jurisdiction of the national government. It is to illustrate that none is supreme over the other. It exemplifies that federalism is the beacon of the limitation of the government’s powers.

22. In relation to Question & Answer No. 19, is it proper to file a criminal case for homicide in the federal court?
Answer:
Considering that homicide is a violation of a state law, they should file such case before a state court and not before the federal court.

23. In relation also to Question & Answer No. 19, is it proper to file a banking fraud case in a state court?
Answer:
Considering that banking fraud is penalized by the national law (otherwise known as federal law), the case should be filed in the federal court and not before a state court.

24. What is the purpose of questions No. 22 and 23?
Answer:
The purpose of those questions is to clarify the division of jurisdictions between the federal courts and state courts.
When it involves national laws, they should file the cases before the federal courts. On the other hand, when it involved state laws, they should file the cases before the state courts. As a general rule, therefore, federal courts have jurisdiction on federal laws and state courts have jurisdictions on state laws.

25. Are the decisions of state Supreme Courts reviewable by the national or federal Supreme Court?
Answer:
Except on cases involving the constitution and federal laws, the federal Supreme Court may not review the decisions of the state Supreme Courts.

26. Who is the approving authority of the laws passed by the federal congress?
Answer:
It is the President. In order for the proposed laws passed by federal congress to become effective, it shall require the approval of the president.

27. Who is the approving authority of the laws passed by a state congress?
Answer:
It is the State Governor. In order for the proposed laws passed by a state congress to become laws, they shall require the approval of its State Governor.

28. What is the extent of the taxing power of the national government?
Answer:
In a federal system, the constitution would state on what income, entities, and business activities that the federal government may impose taxes. In other words, outside of those enumerated in the constitution, the federal government has no authority to tax. Its taxing authority is limited to what is enumerated in the constitution. On the other hand, the scope of taxing power of the federal government is the entire Philippines.

29. What is the extent of the taxing power of a state?
Answer:
A state may impose taxes on income, entities, or businesses as allowed in the constitution. The scope of taxing power of a state is generally within its state territory.

30. What is the legal procedure in order that the federal system would take effect in our country Philippines?
Answer:
It would be through the changes of some provisions of our existing Constitution.