Wednesday, November 26, 2014

Are we ready for a federal government?

NOT VERY MANY political leaders know Mindanao as a whole -- and not just the Bangsamoro territories -- like the Guingona family does. So, it is not totally unexpected for Senator Teofisto “TG” Guingona III -- a third-generation Mindanao leader -- to push for the relatively radical proposal of a “Mindanao Commonwealth.” This is in reaction to the proposed Bangsamoro Basic Law (BBL).

As quoted in a news report, he said the national government was giving “too much concession” to the Bangsamoro under the proposed BBL. And this move may be unfair to three-fourths of Mindanao’s population, with the majority composed of Christian settlers and Indigenous Peoples (IPs).

He noted that Lumad and Christian settlers have just as much rights as the Bangsamoro people as stipulated in the BBL, where the latter will have 75% of resources within its territory like marine, agriculture and minerals, while the other 25% will go to the national coffers. If the national government can ensure a fair sharing system with the Bangsamoro, then it has no reason not to grant the same concession to Lumads and Christians, he added.

He appears to suggest that what may be deemed good for Muslims in Mindanao should be deemed good for everybody else on the island. Thus, any law on the use of Mindanao resources should also apply to everybody in Mindanao, sans special accommodation for any particular ethnic group.

To even the playing field, Guingona wants to file a bill proposing the establishment of the Commonwealth of Mindanao. He had told reporters that “we must start to push for federalism now for the time is ripe,” and that he would “continue to push for it even after the present dispensation.”

In my opinion, Guingona has a point. Under a federal setup, all states or provinces can enjoy similar privileges like the Bangsamoro with respect to the use of and benefit from resources within their respective territories. This can minimize the situation where localities rely too much on the national government for support.

Mindanao, of course, holds a special place in Guingona’s heart. His grandfather, Teofisto Guingona Sr., was governor of Agusan from 1913 to 1917; acting governor of the Department of Mindanao and Sulu from 1918 to 1920; first director of the Bureau of Non-Christian Tribes from 1920 to 1921; senator for the 12th Senatorial District comprising Mindanao and Sulu; and again director of the Bureau of Non-Christian Tribes until its abolition in 1935.

His father, Teofisto Guingona Jr., was the 13th Vice-President of the Philippines, from 2001 to 2004. But when he was a senator from 1987 until 1992, he also served as the director and chairman of the Mindanao Development Authority as well as the Mindanao Labor Management Advisory Council.

His mother, Ruth De Lara Guingona, is a former governor of Misamis Oriental and mayor of Gingoog City. TG himself had also served in Mindanao, locally. Prior to his election as senator in 2010, he was the duly elected congressman of the second legislative district of Bukidnon for two terms.

My concern, however, is that Guingona is now a senator of the republic, and not just of Mindanao. He should thus consider any federal proposal in totality, and not just as a way of leveling the playing field, particularly in Mindanao. A federal structure may yet prove to be the necessary catalyst to finally get the country out of the political doldrums.

Any proposal for a federal structure needs extensive study, of course. But offhand, I believe the Philippines can ill afford “selective federalism,” where only Mindanao stands to benefit from structural change, as opposed to considering a federal structure for the system of government nationwide.

All localities should be given the chance to enjoy greater self-government, autonomy, and the greater use of their resources. However, there is nothing worse than granting independence and autonomy to localities that are simply not ready for it. The federal proposal thus begs the question: Is the Philippines ready for it, either in a limited way or nationwide?

I look back to my recent discussions with Herminio “Meniong” Teves, former governor and congressman of Negros Oriental, regarding his concern over how local governments were seemingly being deprived of their “fair share” in taxes collected by the national government, or the so-called Internal Revenue Allotments (IRA).

In discussing this problem in his letter to Senate President Frankin Drilon and House Speaker Sonny Belmonte, Meniong said the budgets of most local government units or LGUs were still largely dependent on IRA or the LGUs’ share in national taxes. Through the years, he claimed, LGUs have been short-changed by at least P67 billion.

Meniong pointed to Article X, Section 6 of the 1987 Philippine Constitution, which required that LGUs be given their “just share” in “national taxes,” and that this should be “automatically released to them.” But under Republic Act 7160 or the Local Government Code, he said this was adjusted to cover only “Internal Revenue Taxes” as opposed to all national taxes.

As such, LGUs have been receiving only about 40% of all taxes collected by the national Government, instead of what he believed to be their “fair” share. He thus questioned how the Local Government Code could “supersede a constitutional mandate.”

Meniong also questioned how devolution could benefit LGUs if only functions were devolved and not the funds or the budget to pay for these services.

Any federal proposal should also be seen in light of Meniong’s valid concerns. Devolution and local government autonomy have already resulted in a myriad of problems with respect to funding and delivering basic services. It remains uncertain whether these present problems can be mitigated by a federal structure.

Moreover, it needs to be ascertained whether a federal system will further push Guingona’s own advocacy for greater transparency, accountability and clarity in how the government manages public funds. At the end of the day, it must answer two concerns: Will it pave the way for better government and more effective and efficient delivery of public service? Will it make people’s lives easier if not better?

Marvin Tort is a former managing editor of BusinessWorld, and former chairman of the Philippine Press Council.


source:  Businessworld

matort@yahoo.com

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