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By Rowena Nievesa A. Tan Reprint| |
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Sep 15 2016 - The ascendancy of law, at its many basic, method that the law uses to anyone equally. It method that nobody is over the law. That is likewise popularly taken as “a government of law, not of men.” And, if the law may it is in harsh, the is the law. Dura lex, sed lex.

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Rowena Nieves A. Tan


One the the nations with a solid rule of legislation is Singapore. The Singaporeans monitor the law, not due to the fact that Singaporeans space good, follow to Dean Kishore Mahbubani of the Lee Kuan Yew college of Public plan (LKYSPP), but since the laws are implemented. Over there are after-effects if you break the law. “We don’t run the queue. We autumn in line.” – to be how another professor in ~ the LKYSPP portrayed equality before the law in Singapore. They have actually no padrinos and there is no palakasan. Anyone stands an equal chance of getting hired or supported or meted out a just sentence, among other things. And also because the laws are strictly enforced in Singapore, anyone can walk alone in any part of the nation at anytime the the job or night without getting mugged, raped or killed. Businesses, both local and also foreign, thrive. The Singapore federal government ranks height 6 in the people for the very least corruption in the economy and as the most transparent country in the world. That ranks second to Switzerland in the world Competitiveness Ranking. That is rated as the No. 1 most organization friendly place in the world. It additionally ranks for finest quality the life, according to data of the Singapore Economic breakthrough Board. The allude is, if you have a solid rule the law, you’ll have actually a booming economy and also a safe country where the quality of life is high. The ascendancy of legislation results in meritocracy, safety and progress, or, to quote the starting father that Singapore, Mr. Lee Kuan Yew, “from 3rd World to First.”

Admittedly, the dominance of law in the Philippines is weak. Kung makakalusot, lulusot. And also why not? If the regulation is not used equally to all, why should Juan or Juana dela Cruz follow it? “Catch me if friend can” appears to be the perspective of numerous Filipinos who room wont come disobey a simple traffic rule, the payment of correct taxes and a organize of various other laws. But does this median that Filipinos execute not desire the dominance of law? If the historic win of currently President Rodrigo Roa Duterte is any indication, Filipinos are sick and also tired that the laws not gift followed. They desire change. And also they desire the regulations observed. The is why 16 million Filipinos catapulted DU30 to the presidency in a historic and also phenomenal win. 3 months into the presidency, that is tho too early on to say whether the Philippines now has actually a strong rule of law that will transform it from “Third world to First.” majority of Filipinos are confident though. Ninety-one percent of Filipinos trust the the President will indeed carry the Philippines come a much better place.

There’s one wrinkle, however. The fight versus illegal drugs, which is the centerpiece of the Duterte administration, shows two opposing faces: one face shows strict adherence come the law against drugs, nevertheless of the who stature – general, congressman, mayor, judge or an simple citizen; the other confront shows ignore of the due process of law where drug suspects are killed without providing them your day in court. Our policemen and also other legislation enforcers enjoy the presumption that regularity in the performance of their official functions and also the President, that enjoys immunity from suit, has actually made himself clear the it is just in extreme situations where the life of the arresting officer is jeopardized, or placed in peril, that he/she need to shoot earlier at the suspect. The president has also put to task our regulation enforcers and also ordered the dismissal that erring and also abusive policemen. Hence, it will certainly not be correct to attribute the extrajudicial killings of medicine suspects come the police authorities and also to the president without offering them any type of opportunity to describe their side. They, too, space entitled come the due procedure of law.

The police have actually presented data in the Senate examination on extrajudicial killings that out of the an ext than 3,000 deaths (still rising), only about half of them to be committed by police authorities whereby the suspects opened fire at them. Castle attribute the large part the the killings to medicine cartels. This looks logical after the relentless hit of the management against drugs that will certainly result, if it has actually not resulted yet, in the ns of billions that dollars come these drug cartels. The is a big loss. One assassin or a mercenary is constantly readily accessible to death for as low as P5,000.00 to P10,000.00. Perform the math. In the meantime, stays are lost.

The ascendancy of regulation will be below to remain in the Philippines if both the suspect and also the accuser are given their job in court prior to they room judged “by the lawful judgment of peers” or according to “the law of the land,” together enshrined in article 39 the the Magna Carta and in ar 1, post III of the bill of civil liberties of the 1987 Philippine Constitution, i m sorry states: “No human shall be deprived of life, liberty or building without due process of law, nor shall any kind of person be refuse the equal defense of the law.” until then, a solid rule of law remains an ideal that all Filipinos should strive for.

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* * *Rowena Nieves A. Tan is an alumna the Harvard Kennedy college of Government and also is the Presiding referee of the regional Trial Court, Branch 118 of Pasay City (Metro Manila).