Two Republics, Diverging Realities: Constitutional Contrasts and Systemic Fault Lines

by Crispin Fernandez, MD

Congress of the Philippines | Photo via Wikimedia Commons

The United States and the Philippines share a constitutional lineage shaped by American tutelage, yet their democratic architectures diverge in ways that expose deep fractures in representation, equity, and enforcement. From electoral design to fiscal distribution, and from health access to corruption law, the Philippine system reveals inherited flaws and urgent reform gaps.

Electoral Design: The Illusion of Parity
The U.S. Constitution enshrines a federal Electoral College, in which states cast weighted votes in presidential elections. This system, while controversial, reflects a negotiated balance between population and territory. In contrast, the Philippines elects its president via direct popular vote, a seemingly more democratic mechanism—but one that often amplifies celebrity, regional patronage, and vote-buying.

Senatorial elections further expose the asymmetry. In the U.S., each state elects two senators, regardless of population, ensuring territorial equity. The Philippine Senate, however, is elected at-large, meaning the national electorate chooses all 24 senators. It dilutes regional representation and favors candidates with national name recall, media access, or dynastic machinery.

Fiscal Concentration: Population Over Territory
The Philippine tax code, shaped by the National Internal Revenue Code of 1997 and amended by laws like TRAIN and CREATE, centralizes revenue collection and allocates funding based on population density and economic activity. This model disadvantages rural and underdeveloped regions, which receive less funding despite vast territorial needs.

Unlike federal systems that allow states or provinces to retain a share of locally generated taxes, the Philippines operates a unitary system where LGUs depend on the Internal Revenue Allotment (IRA)—now the National Tax Allotment (NTA)—which remains skewed toward populous urban centers. The result: a fiscal architecture that deepens regional inequality and stifles local innovation.

Health Segregation: A Tale of Two Systems
Healthcare in the Philippines is bifurcated by class. Wealthier Filipinos access private hospitals with modern facilities, while the poor are relegated to underfunded public hospitals, often lacking medicine, specialists, or basic equipment. This segregation by income is not merely logistical—it’s constitutional neglect.

“The goal is not mimicry—but moral clarity and institutional courage. Two republics, one shared aspiration: a democracy that works for all, not just the few.”

Studies show that 55% of Filipinos lack access to essential health care, with rural areas suffering the most. The pandemic exposed this divide, as urban elites secured ICU beds and vaccines while provincial patients were turned away or forced into debt. The Constitution promises equal protection—but the health system delivers stratified survival.

In the U.S., patients of all income levels are admitted to the same hospitals and the same beds, even beds fit for a princess. The poorest patients on Medicaid —Americans with less than $2,000 to their name —have the least to worry about.

Whistleblower Protections: Toothless by Design
The Philippines has no comprehensive whistleblower law. Existing frameworks—such as RA 6713 and scattered agency policies—provide fragmented and weak protections, often failing to shield whistleblowers from retaliation, harassment, or worse.

Recent cases, like the assassination of NIA whistleblower Niruh Kyle Antatico, underscore the peril. Despite exposing corruption in irrigation contracts, Antatico was gunned down in broad daylight. Investigations remain inconclusive, and protections remain theoretical.

Even with UNODC-supported draft policies and GOCC reforms, enforcement is sporadic and politicized. In contrast, the U.S. has robust federal statutes, such as the Whistleblower Protection Act and the False Claims Act, that incentivize disclosures and penalize retaliation.

Toward Constitutional Renewal
The Philippine Constitution, while modeled on American ideals, has calcified into a system that centralizes power, fiscal control, and elite access. Electoral reform must address senatorial equity and campaign finance. Budgetary reform must decentralize funding and empower LGUs. Health reform must dismantle class-based segregation. And corruption law must protect the brave, not bury them.

The goal is not mimicry—but moral clarity and institutional courage. Two republics, one shared aspiration: a democracy that works for all, not just the few.

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