3 Easy Steps for FEDERALISM to Succeed
For federalism to succeed there must be serious consideration to a smooth transition mechanism. We should learn from the painful experience we had with the devolution of health services et. al. under the 1991 Local Government Code where no smooth transition mechanism was put in place. Since the shift to a federal system will impact on practically all government agencies and levels of government, the transition must be slow, deliberate and purposeful.
It is proposed that there be a three-step process in the transition process. This is important to ensure the capability and readiness of the Regional Governments and their constituent Local Government Units to take on the devolved powers and responsibilities from the Federal Government. The transition mechanism will also give Parliament the time needed to amend national laws as well as enact complementing legislation.
Step 1: Regional and Local Government Code (RLGC).
Step 3. Regional Organic Act.
It is proposed that there be a three-step process in the transition process. This is important to ensure the capability and readiness of the Regional Governments and their constituent Local Government Units to take on the devolved powers and responsibilities from the Federal Government. The transition mechanism will also give Parliament the time needed to amend national laws as well as enact complementing legislation.
Step 1: Regional and Local Government Code (RLGC).
Eighteen months from the ratification of the amendments to the 1987 Constitution, a Regional and Local Government Code shall be enacted by Parliament to replace the 1991 Local Government Code. The RLGC shall define the powers, functions, and responsibilities of Regional Governments and their constituent LGUs. The Code shall also provide the taxing powers and other sources of funds of the Regional and Local Governments. And it shall provide for the creation of an Equalization Fund which shall replace the Internal Revenue Allotment (IRA).
Step 2: Regional Commissions.
Step 2: Regional Commissions.
Once the Regional and Local Government Code is passed, the Regional Governments are deemed created. But in order to save on government resources and do away with the need for new elections for Regional positions, the Regional Governments in the interim shall be governed through Regional Commissions. Each Regional Commission shall be composed of the incumbent Governors of Provinces and Mayors of Highly Urbanized Cities and Independent Component Cities within the Region. The chairmanship of each commission shall be by rotation among its members for a term of one-year term. The organizational structure and operations of the commissions shall be defined by the Regional and Local Government Code.
The Regional Commissions shall serve as the interim Regional Government acting as a collegial body with both executive and legislative Powers. A Regional Chief Administrator who is a professional manager appointed by the Commission En Banc shall act as the Chief Executive Official tasked with running the day-to-day operations of the Regional Government. The Commission shall create and organize the government offices necessary for the effective and efficient functioning of the Regional Government.
The rationale behind the establishment of a Regional Commission as the Interim Regional Government are as follows: Firstly, it will reduce the cost of establishing the regional government as the commissioners are already receiving their salaries from their respective LGUs; Secondly, the regional government can operate right away without the need for new elections which takes time and entails cost to government; Thirdly, it allows the constituent units to determine the agenda of the regional governments until such time that region can transition to a regular regional government through an Organic Act.
The Regional Commissions shall serve as the interim Regional Government acting as a collegial body with both executive and legislative Powers. A Regional Chief Administrator who is a professional manager appointed by the Commission En Banc shall act as the Chief Executive Official tasked with running the day-to-day operations of the Regional Government. The Commission shall create and organize the government offices necessary for the effective and efficient functioning of the Regional Government.
The rationale behind the establishment of a Regional Commission as the Interim Regional Government are as follows: Firstly, it will reduce the cost of establishing the regional government as the commissioners are already receiving their salaries from their respective LGUs; Secondly, the regional government can operate right away without the need for new elections which takes time and entails cost to government; Thirdly, it allows the constituent units to determine the agenda of the regional governments until such time that region can transition to a regular regional government through an Organic Act.
Step 3. Regional Organic Act.
Within 5-10 years from the establishment of the Regional Government, the Regional Commission shall submit to Parliament for approval a proposed Regional Organic Act more responsive to the needs, culture, and aspirations of the region. The Act shall define the basic structure of government for the region consisting of an Executive Department headed by a Chief Minister and a Regional Assembly composed of elected representatives from each province and city. The regional chief executive called Chief Minister shall be elected by the Regional Assembly from among its members. Once the Regional Organic Act is approved by Parliament, the Regional Commission shall transfer its powers and functions to the Regular Regional Government. (Executive summary of PDP-Laban's proposed amendments to 1987 Constitution; Jam Sisante and Erwin Colcol/ALG, GMA News; Published January 14, 2018 5:22pm; Photo source: http://apocea.org/gford/federalism-and-duterte/) [Direct Source]
