When P-Noy banned the use of wang-wang on all streets, his real message was that no one is above the law. When he said that his “boss†is the Filipino people, he was advocating a society where the government would treat everyone – the powerful and the powerless, the rich and the poor, the educated and the illiterate — equally in terms of government programs and the dispensing of justice.
From the very beginning of his term, P-Noy was envisioning a society where the Rule of Law is institutionalized. It is important for people to appreciate that the rule of law is an extremely critical foundation for economic progress and has an impact on the lives and work of all people.
Imagine a Philippines where the physical infrastructure — roads, bridges, airports, sewage — are safe and in first class condition because corruption in the government construction process has finally been eliminated. Honest and efficient practitioners are now encouraged to bid for government projects because prohibitive bribery and kickback costs have been removed. Finally, roads and bridges that have been budgeted for construction really do exist unlike in some previous administrations. Also, higher quality materials are used to build safe structures.
Imagine a Philippines where public safety is a major government concern — where the police, military and judicial officials are equally responsive to the safety concerns of everyone without consideration of that person’s influence or power and where these same officials are not affiliated with criminal gangs. Imagine if there are effective crime detection, investigation and resolution mechanisms in place throughout the country.
Imagine a Philippines where there is a dynamic private sector – so necessary for economic growth — because there is a level playing field in the enactment and enforcement of laws and regulations that affect business. A nation without crony capitalism means there is an effective and transparent means to settle disputes, property rights are secure, and laws and government regulations are minimized and are clear.
Imagine a Philippines where government, educators, business and civil society leaders sincerely believe that education is the single, most critical pathway to providing even the poorest among us, the opportunity to improve the quality of their lives. Quality education for everyone leads to social stability, economic growth and eliminates dependence on politicians for economic survival. However, corruption and disregard for laws that regulate education standards lead to a failing school system which ultimately results in poorly educated students, except for the children of the elite who can afford to be educated in a few high quality schools here and in foreign countries.
Imagine a Philippines where an effective system of regulation and its enforcement will resolve the threats to the environment such as pollution, deforestation due to illegal logging, loss of biodiversity, and poor waste management.
Imagine a Philippines where there is equitable access to an effective health care system and public health service is considered, not just a public good, but a fundamental human right. It is a nation where public health interventions and services ensure that we have safe, reliable, and affordable medicines, medical treatment and health care delivery systems including clean drinking water. A healthy population is essential for a prosperous and stable society. That is why it is so important to break the cycle of poverty that has been present for so many generations among the Filipino poor.
Imagine a Philippines where the fundamental right to religion is respected. But this right must balance mainstream beliefs with local tradition and promote harmonious linkages between formal and traditional structures of justices. Thus, the rights of indigenous tribes must always be respected and not contravened by any law.
Imagine a Philippines where freedom of expression through the arts is protected as an acknowledgment of how the arts can effectively convey and document the truth about political and social and human conditions. The rule of law must assure artists of their right to expression as well as protect their intellectual property rights.
Imagine a Philippines where there is both a free and responsible press – free from restrictive laws, fear of harassment and violent persecution. Media can provide accurate and informative information that can educate the public about their rights and responsibilities and serve as a platform for responsible citizenship.
Imagine a Philippines where human rights are an integral part of the judicial system. The rule of law protects and enforces the fundamental human rights – the right to life and security of people; freedom of thought, religion, expression and assembly; fundamental labor rights; right to privacy; equal protection of the law; and, due process of law.
Many lawyers and legal scholars believe that the rule of law is an end in itself. But for most citizens, it is a means to an end. According to the 2012-13 World Justice Project which was also the basis of the scenarios described above, “The rule of law is the underlying framework that makes prosperous and fair societies possible.â€
But there will be many obstacles to institutionalizing the rule of law in our nation. The presence of systemic corruption in all branches of government — executive, legislative, judiciary – and in many parts of the private sector – business, media, social groups — is the biggest obstacle.
The second challenge is that the Rule of Law will change the balance of political power, giving more power to the ordinary people at the expense of the rich and the powerful.
Institutionalizing Rule of Law requires, not only institutional changes, but also political and cultural changes. This vision is possible because in P-Noy we have not just a political leader but a transformative leader. We also need to have Filipinos believe in their own strengths and commitment. We need to forget the cynicism of those who preach that the Filipino people is not destined for greatness.
Transforming Philippine society can be the enduring legacy of this administration. Just as eternal vigilance is the price of liberty, a society built on the rule of law will be a continuing crusade.
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I would like to thank the Philippine STAR for the opportunity to write this column. I look forward to a journey with my readers in our shared aspiration of a nation where everyone will have the opportunity to benefit from the rule of law.
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Email: elfrencruz@gmail.com