The Philippines has got a lot of shaping up to do if it wants investor confidence to improve.
According to the World Justice Project’s Rule of Law Index 2012 report, our country has problems with respect to protection of fundamental rights (ranking 59th overall), particularly in regard to violations against the right to life and security of the person; police abuses; due process violations; and harsh conditions at correctional facilities.
Our civil court system scored poorly (ranking 84th globally) due to deficient enforcement mechanisms, corruption among judges and law enforcement officers, and the lengthy duration of cases.
Weaknesses in security, protection of fundamental rights and civil justice were also identified.
Released this week in Washington, D.C., the report ranks countries across eight areas impacting on the rule of law: limits on government power, corruption, security, fundamental rights, open government, regulatory enforcement, civil justice, and criminal justice. The report is the product of interviewing 97,000 members of the general public and more than 2,500 experts in 97 countries.
But there’s good news too. The Philippines ranked high, particularly fifth among 23 lower-middle income countries in terms of effective regulatory enforcement and sixth in terms of limited government powers,
According to the report, “The Philippines stands out among lower-middle income countries for having reasonably effective checks on government power (ranking sixth among its income group), including a vibrant civil society, a free media, and an independent judiciary. The Philippines ranks fifth among lower- middle income countries in effective regulatory enforcement. Civil conflict and political violence are significant challenges.”
The Philippines’ rankings are as follows: limited government powers (global ranking 46/97; regional ranking 9/14, income group ranking 6/23); absence of corruption (GR 63/97, RR 10/14, IGR 8/23); order and security (GR 77/97. RR 14/14, IGR 16/23); fundamental rights (GR 59/97, RR 9/14, IGR 9/23); open government (GR 10/14, RR10/14, IGR 9/23); regulatory enforcement (GR 52/97, RR 8/14, IGR 5/23); civil justice (GR 84/97, RR 13/14, IGR 17/23); and criminal justice (GR 72/97, RR 13/14, IGR 10/23). The Philippines is classified as lower-middle income in the East Asia and Pacific region.
Australia, Japan, New Zealand and Singapore lead the East Asia and Pacific region in most dimensions of the rule of law.
“Achieving the rule of law is a constant challenge and a work in progress in all countries. The WJP’s Rule of Law Index is not designed to shame or blame, but to provide useful reference points for countries in the same regions, with comparable legal cultures and similar income levels,” according to World Justice Project founder William H. Neukom.
As used by the World Justice Project, the rule of law refers to a system in which the following four universal principles are upheld: first, that the government, its officials, and agents are accountable under the law; second, that the laws are clear, publicized, stable, and fair, and protect fundamental rights, including the security of persons and property; third, the process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient; and fourth, justice is delivered by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
It explained that the rule of law is important even in the business environment as follows: “Imagine an investor seeking to commit resources abroad. She would probably think twice before investing in a country where corruption is rampant, property rights are ill-defined, and contracts are difficult to enforce. Uneven enforcement of regulation, corruption, insecure property rights, and ineffective means to settle disputes undermine legitimate business and drive away both domestic and foreign investment.”
Civil justice is as important to business as to the marginalized sectors of our country. It has been sometime since Chief Justice Lourdes Sereno assumed office. We want to see what the President saw in her.
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