FRDC Minutes 20 August 2003

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Transcript of FRDC Minutes 20 August 2003

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    MINUTES OF THE MEETING AND WORKSHOP OF THE FEDERATION OF

    REGIONAL DEVELOPMENT COUNCILS OF THE REPUBLIC OF THE

    PHILIPPINES, HELD AT SANTAN 1 & 2 ROOMS, EDSA SHANGRILA PLAZA

    HOTEL, MANDALUYONG CITY ON 20 AUGUST 2003, 9 AM-2 PM

    Present:

    Governor Isagani S- Amatong -Chairman, RDC IX

    Governor Hermilando I. Mandanas -Chairman, RDC IV-AGovernor Eleandro F. Madrona -Chairman, RDC IV-B

    Mayor Muslimin G. Sema -Chairman, RDC XII

    Chairman Bayani Fernando -Chairman, MMDAMs. Paulina L. Nayra -RDC VIII

    OIC Roberto Montelibano -RDC VI

    Also Present:

    AGM Corazon Cruz -MMDAGov. Erineo S. Maliksi -RDC IV-A

    Ms. Paulina L. Nayra -RDC VIII

    Mr. Mario T. Pagulayan -RDC II

    Mr. Manuel R. Moje -Exec. Officer & Asst. Secretary, FRDCAtty. Joaquin E. San Diego -Legal Counsel, FRDC

    Ms. Lynnette Y. Bautista -ARD-NEDA III

    Mr. Oskar D. Balbastro -RD, NEDA IV-BMs. Marlene C.P. Rodriguez -RD, NEDA V

    Mr. Truman T. Cainglet -RD, NEDA VIMr. Jose Romeo C. Escandor -RD, NEDA VII

    Mr. Buenaventura C. Go-Soco, Jr. -RD, NEDA VIII

    Mr. Rafael G. Evangelista -RD, NEDA IXMs. Carmencita S. Cochingco -RD, NEDA XIII

    Mr. Leonilo B. Lariosa -RD, DILG IV

    Ms. Josefina E. Castilla-Go -RD, DILG VMs. Aida Laruda -ARD, DILG VIII

    Mr. Rodolfo Z. Razul -RD, DILG X

    Mr. Carlos T. Derecho -RD, DILG XIII

    Ms. Everdina E. Doctor -RD, DILG CAR

    Ms. Liberty Abellon -NEDA IV-A

    Guests:

    Mr. Klaus Preschle -Konrad Adenauer FoundationAmb. Jose V. Romero, Jr. -Asian Center for the Study of DemocracyDr. Gaudioso Sosmea -Local Government Development FoundationMr. Manuel C. Yoingco -Local Water Utilities Administration

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    Welcome Remarks and Preliminary Comments

    Gov. Hermilando I. Mandanas noted in his welcome remarks that the context of theworkshop is the upcoming election in May 2004. He pointed out that there is wide consensus on

    the need for decentralization, while there are proposals from certain sectors to go further by

    changing the Constitution and adopting a federal form of government.

    Gov. Amatong commented that there is indeed a strong push toward federalism and that

    the birth of a federal Philippines is being hindered. Mayor Sema observed that there is over

    centralization of government, and that the creation of autonomous regions like the ARMM is notenough. There is a need to change the mechanism of government; otherwise, few RDC-

    endorsed development programs will be actually implemented.

    Chairman Fernando outlined the conditions that need to be fulfilled if there would be a

    shift to a federal system and said that any shift should be done with caution. In a sense, the tribal

    situation previous to the establishment of the Philippines as one nation was somewhat federal.

    He gave the following further comments on the proposal:

    1) The economic viability of regions proposed to be made into autonomous states mustbe considered. Right now many local communities are very much dependent on their IRA. In

    many cases only 10% of their budget is internally generated. The data should be analyzed in

    order to gauge the viability of the proposal.

    2) The proposed regions need to have undergone previous training for independence and

    development.

    3) The advantages that a large pool of talents80 million peoplebrings with it must

    be given due weight.

    4) Federalism certainly serves local interest but one should ask to what extent it will

    serve the entire country and whether it is timely.

    5) There is an ongoing process of devolution which has not been completed. Theexperience with devolution can provide lessons as a sort of test case for federalism.

    Some Notes on the Genesis Evolution of the German Federal System

    Mr. Klaus Preschle, Country Representative of the Konrad Adenauer Foundation, which

    is sponsoring the workshop, greeted and thanks the participants for their attendance. He gave abrief history and description of the German Federal System. (See power point presentation.) He

    observed that Germany and the Philippines have many similarities, such as the size of

    population.

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    Evaluation of Charter Proposals Toward a Philippine Federal Svstem

    Ambassador Romero stated Congress had passed two bills proposing a shift to a

    unicameral system and to a federalist system, but that these bills remain unacted upon by the

    Senate. He emphasized the need for integrated area planning to support the shift in the form of

    government. There would be a need for a shift in mindset since those who are now localexecutives will become national executives. It is important to proceed with caution while at the

    same time trying to accelerate capability building at the local and regional levels.

    Gov. Amatong emphasized that a change of structure is called for, given the inefficiencyof the current system of government. This change will require constitutional amendments and,

    as a matter of strategy, everyone should remain focused on this goal. In the new structure,

    among other things, the allocation of funds must be demand-driven instead of being supply-

    driven, as is happening now.

    Chairman Fernando pointed out that the label "Imperial Manila" can be somewhat

    misleading and unfair, implying as it does that changes ought to disfavor Manila. In the firstplace, Manila became what it is now because it was built by its own people and less because of

    being favored by government. Other communities will have their time, as conditions become

    more attractive for investments there. Businessmen cannot just be forced to go anywhere. In

    this connection, one must now also take into account the changing scenarios in the differentcommunities because of globalization, e.g., Mindanao is becoming less and less the main source

    of rice for the country. Whatever the form of government, what is most important is the strength

    of the bureaucracy, especially in times of change.

    Chairman Fernando suggested that one change that he finds more important has to do

    with the funding of elections. Government ought to spend for the election of its rulers. This can

    be the solution to the persistent problem of conflict between congressmen and mayors, forexample. In the past, government paid for the party inspectors. The 1987 Constitution changed

    this and made this election-related problem worse. Change in the form of government is not the

    priority because even devolution has taken time to implement.

    Gov. Amatong maintained that from his prospective devolution will not suffice.

    Gov. Mandanas summarized the discussion by saying that (a) regardless of whether the

    label "imperial" given to Metro Manila is appropriate or not, the really relevant issue has to do

    with the reform of the system of central government; (b) within the present Constitution andLocal Government Code much can be done before 2004 and the LGUs should not limit

    themselves to waiting for constitutional change and speculations.

    Assessment of LGU Readiness for Federalism and Re!!ionalization

    Dr. Gaudioso Sosmefia of the Local Government Development Foundation stated thatmaking an assessment of LGU preparedness for federalism will require an extensive data-

    gathering effort. He said that indeed a lot of work needs to be done and a great deal of

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    overhauling and transition is required to prepare LGUs and regions for federalism. What is

    useful is to outline the objectives toward which all the preparatory work must be directed. Theseobjectives, in turn, must have in view the changes that a shift to a federal system will bring

    about, namely:

    1) Change in central-local relations: Under the federal system, state governments will bethe center of government activities instead of the central government. The procedure followed in

    the relation between state governments and the central government will be either standardized or

    by negotiation, depending on what each state constitution will specify.

    2) Downward transfer of government functions: in the listing of functions belonging to

    the state, the federal government, and concurrent functions, most will belong to the stategovernments.

    3) Changes in tax structure: The tax structure will be stratified more in favor of stategovernments.

    4) Introduction of the concept of "state" or "region": The "regions" in the federal system

    are independent states and not the administrative regions under the present system. Ethnic originswill be emphasized move and there will be greater competition among the region.

    5) Empowerment process: Citizens will identify themselves more with their state orregion.

    Dr. Sosmea encouraged the body to go over Senate Bill 2111 filed by Senator JohnOsmea which proposes a new Code of Local Governance. Some salient features of the

    proposed Code are the creation of a local government bank for LGUs, the establishment of anautonomous salary administration for LGUs as an exception to the Salary Standardization Law,

    the provision for tax-free bond flotation, an increase in the IRA, and the mandate to LGUs to

    establish performance standards.

    Dr. Sosmea concluded his presentation by saying that with the exception of the US

    which has a presidential-federal system, the more stable countries have a parliamentary-federal

    system of government.

    Chairman Fernando suggested that a deeper study of the issues be made and that the

    order of priority among the objectives be established, that is, whether it is political stability oreconomic development or more efficient administration that must come first. He stated that

    fragmentation will not be advantageous.

    Mayor Sema said that problems of peace and order are better solved by locals. From the

    economic perspective, it is a fact that Manila is often given preference over Visayas and

    Mindanao. For example, Cebu's shipping sector is often left at a disadvantage, ODA forCotabato's own fish port is not given priority, etc.

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    Chairman Fernando pointed out that foreign funding decisions are backed up by studies

    based on economic viability. As far as shipping is concerned, Manila has no control over thedecisions. Manila's ports are actually very bad while those of Cebu are good. In general, Manila

    has suffered since the time of Marcos as a result of the dispersal of industries. The existence of

    flyovers is not a sign of advantage since they just had to be built out of necessity, given the

    circumstances.

    Ambassador Romero commented that the present situation is not sustainable. Pressure to

    change ought to be brought about by the national and local governments creating and supportinggrowth centers. On the other hand, it is natural that local officials will advocate change more

    than central officials.

    Gov. Mandanas pointed out that the regions and LGUs can do much right now without

    waiting for the central government to act. For example, now that private parties are not

    investing, the LGUs can try to prime local economies by taking the lead with public investment.The national government is already giving some support for this type of public investment, for

    example, LGUs are allowed to use ODA funds.

    Chairman Fernando added that LGUs should try to attract investments to the countrysideby building the necessary infrastructures. One cannot legislate that industries should not set

    themselves up in Metro Manila. Again the problem is not with imperial Manila but with the

    system of central government. Activating the RDCs is crucial and could work but experienceshows that a lot still depend on the persons who exercise national leadership.

    Co-Chairman Montelibano pointed out that in the shipping sector there is a real problem,shown in the fact that it comes out more expensive to ship from Bacolod to Manila than from

    Manila to Japan because of the high cost of freight and arrastre services. The solution to theproblem is in the hands of PPA, a national government agency. He urged the body to choose

    legislators who understand business well.

    Gov. Mandanas urged the RDCs to be pro-active. The LGUs should not blame the

    central government for everything but should assert their rights. For example, he has sued the

    PPA because the latter did not bid out the cargo-handling contract at Batangas Port and

    proceeded with port development without an Environmental Clearance Certificate. He also has apending case against the National Government because of the latter's failure to release the IRA of

    Batangas Province. He urged everyone to see to it that the law is followed because without order

    there can be no development.

    Chairman Fernando added that there are provisions of law that can be utilized more. For

    example, LGUs can impose more taxes such as imposing higher taxes on unproductive land in toavoid speculation, as Marikina is doing. Now Metro Manila is using its power to revalue land

    every 3 years. Oftentimes LGUs do not tax enough for fear of political backlash. The result is

    that LGUs continue to depend heavily on IRA for survival and feel no urgency to promotebusiness and industry in their own localities. Federalism may be advantageous in this sense as it

    will force LGUs to fend for themselves.

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