Letter to the Editor - Some important facts about states' rights in a federal form of government

When we speak of the rights of individual states in a presidential form of government, we mean "exclusive" rights that may not be shared with the national government.

I've chosen the "presidential-federal" form of government because the "parliamentary form" of government is just not within the reach of our current legislators and the temperament of the Filipino, people. Why ask for two "alien" changes that we don't have any experience when we can try with one that is intelligible?

In a "federal form" of government, the misunderstood "Comelec" is removed from the scene. This is because the setting up of voting rights or suffrage is exclusively handled by each State of the republic. Elections are mandated by the Federal State and not by the national government. Thus, a Federal State can determine the age of majority, i.e., 17, 18, or 19 in Federal State elections or the legal age of drinking, etc.

In national or presidential elections, the national government determines the voting age and the date of election but only the Federal State can determine when or in what manner the election may be held. This State right definitely abolishes the sort of communication such as the "Hello Garci" tape.

A very important States' right is the establishment of public education. This is no longer within the purview of the national government. Each Federal State has an exclusive right to make laws that are consistent with their own cultural mores and sociological background. Imperial Manila no longer determines education policy. Its "new role" is to assist the Federal States as a "coordinating agency" of the government but not to set up policy and decision-making process.

Each Federal State may have varied educational policies that are consistent with its social milieu. An educational policy in a Muslim State will surely vary from a Christian State or from one Christian State to another.

Marriage laws as well as divorce are inherently and exclusively the rights of the Federal States. If the current Constitution provides these laws as belonging to the national government, it should be amended to be a Federal State's rights. Because of the many different cultural backgrounds in the Philippines the new marriage and divorce laws may be different altogether. Thus, in "Federal State A," the age for marrying may be 16 years while in "Federal State B,' it could be 18. Likewise, if there are a total of 100 Federal States and only two States opted to legislate a "divorce law," it remains valid. For example, because ARMM and the Sultanate of Sulu are professed "Muslim" States, they could have a "divorce" law based on "Shariah" law. Or if a Christian Federal State opted to pass a divorce law, it could do it as it is its right. In other words, it's not the business of the national government to meddle in the affairs of the Federal State.

Corporation laws and traffic laws are now under the jurisdiction of the Federal State. Imperial Manila has limited rights. Commerce between or among the Federal States of the new Republic of the Philippines are governed by interstate laws; commerce that involves foreign trade and currency exchange are regulated by the national government as they're rights reserved to it. Intra-state commerce is the sole prerogative of the Federal State because it's commerce that takes place "within" the Federal State.

The establishment of a "Federal State" in the new presidential form of government in the Philippines creates a "ladder of laws." Each Federal State is now required to legislate into law a Federal State court system that has jurisdiction exclusively over their own borders. The court system includes the Federal State Supreme Court to the Justice of the Court. The laws used by this court system should be consistent with the national government. Thus, under the "power of review," the decisions of the State Federal court may go before the Supreme Court of the national government.
Dr. Jose Lucero Bonpua
President, CEO
The Museum of Sacred Art, Inc.
888 Calle San Jose, Oslob
Cebu 6025