A STRUCTURAL APPROACH TO

THE RULE OF LAW

AS A TOOL TO NATIONAL DEVELOPMENT

SUBMITTED UNDER THE PSEUDONYM

Eunomia

-i-

Eunomia
In Greek mythology, Eunomia was the goddess of law and legislation, of good order and lawful conduct. She was associated with the internal stability of a state, including the enactment of good laws and the maintenance of civil order. In present day Greek language, the word eunomia developed a meaning associated with the goddess virtues and high moral standards and the word was adopted to mean good order, governance according to good laws. The present legal system of Greece designates the Ombudsman to intervene in controversies involving individuals or legal entities against the public administration. The mediation process serves to protect the rights of the former and to ensure the compliance of the latter to the rule of law, operating as a measure to triumph over maladministration. To demonstrate the significance of good laws and civil order in the Greek culture, the Ombudsmans current international activities include a Eunomia project, an action plan tasked to establish Ombudsman-type of mediation institutions in Southeast Europe, run under the auspices of the Council of Europe.

____________________
REFERENCES : http://www.greekembassy.nl/press http://en.wikipedia.orgwiki/Horae

- ii -

Prologue
The rule of law is of great consequence to national development because the Constitution and the system of codes, laws and rules define the legal framework and the government structure within which socio-economic and political activities that lead to national development can take place. A treatment of the rule of law and its role in national development is covered in the succeeding pages in the context of its operation within a governmental framework. The function of the rule of law within a structural process flows from the sovereign power, through a set of laws, over a network of institutions, directed at the growth forces of development and on to the subjects who are expected to act and perform in accordance with defined rules. The function of the rule of law is reliant on the balance of two powers: the degree of good governance as administered by the sovereign power and the degree of citizen participation, termed as citizenry power. These are the two active powers that will determine the respect for rule of law in a country. Thus, in this aspect, rule of law comprises the system of laws by which the legislative, executive and judicial branches of government contribute to the prevention of the arbitrary exercise of their respective powers upon the citizens, through the preservation of citizens rights in order to advance compliance, sustainability and predictability of laws for the purpose of generating a well-ordered society that shall be susceptible to growth forces that create and influence the conditions for national development.

Eunomia

- iii -

TABLE OF CONTENTS
I. II. III. Prelude The Practical Concepts of Rule of Law The Philosophical and Legalistic Concepts of Rule of Law IV. V. VI. VII. The Basis of Rule of Law The Philippines as a Democratic Government The Concept of National Development Framework of Laws & National Development 4 6 7 9 10 13 16 18 21 25 1 3

VIII. Role of the Legislative Power IX. X. XI. XII. Role of the Executive Power Role of the Judiciary Summary Conclusion

References

- iv -

A STRUCTURAL APPROACH TO

THE RULE OF LAW

AS A TOOL TO NATIONAL DEVELOPMENT

The Constitution defines who shall make the law . . . who shall execute the law . . . who shall interpret the law . . . The rule of law to prevail requires good country management with a well-governed economy where laws are sound and stable and where the legal interpretation and enforcement of contractual and statutory obligations are reliable. These require effective collaboration of who shall make the law . . . who shall execute the law . . . who shall interpret the law . . .

I. PRELUDE On May 1, 2001, thousands of supporters of deposed President Joseph Ejercito Estrada amassed before the

Presidential Palace to protest his incarceration, attempting to dethrone the sitting President in order to restore the deposed President. The office of President Gloria Macapagal-Arroyo appealed before the public and declared: "Let the rule of law prevail."

-1-

Six years later, on September 12, 2007, after a decision was handed down by the Sandiganbayan anti-graft court finding the former President guilty of the crime of plunder, the Presidential Spokesman issued the following statement: We hope and pray that the rule of law will prevail. Meantime, we have a country to run, an economy to grow and a peace to win. After the verdict was read, Mr. Estrada proclaimed before members of media: I submitted myself to the rule of law when I allowed the impeachment proceedings against me to take its course. I did not resort to influence." The above state of affairs imparted a limited application of the concept of rule of law in three separate but related historical episodes, that the rule of law is a concept equated with the rule of the many or the rule of the popular will. Prior to these almost exclusive historic events, the concept of the rule of law was rather obscure in Philippine politics. From these momentous occurrences, the concept

became a buzzword and gave birth to different perceptions.

-2-

The concept is now heavily used in official and diplomatic addresses, congressional arguments and media communications. Out on the streets, in coffee shop politics, barbershop scuttlebutt and neighborhood chatter, much is said, little is understood and, often than not, the term is misconstrued.

II.

THE PRACTICAL CONCEPT OF RULE OF LAW A man-on-the-streets perception of the rule of law operates within a narrow context that the rule of law is a regime that is not governed by the law of the jungle, or the law of the streets or the rule of the mob. He identifies rule of law with law and order and ultimately associates the same with the competence and effectiveness of the law enforcers, peacemakers or even the courts. The newspaper and tabloid headlines scream and the average man in society gets excited when a controversial figure like Jalosjos gets embroiled in a rape scandal, when a political fugitive like Gringo Honasan is able to elude the authorities under the guise of a woman or when Trillanes fails
-3-

in his attempt to lead a pseudo Pied Piper march from the Makati RTC to the famed Peninsula Hotel. When political or highly controversial figures are made to stand before the law, it is undeniable that the integrity of the judicial process is itself put to judgment by the law of public opinion and the law of the streets. Broadly conceived, under the rule of law - no politician, public official or private citizen - no one stands above or beyond the control of the law. Both the citizenry and the government are mandated to submit to its supremacy. The relationships between the government and the citizens are bound by a set of rules, with the key element that disputes arising therefrom are decided in accordance with laws that are known, stable, and with equal application to all. This is a simple and practical workable understanding of the rule of law.

III.

THE PHILOSOPHICAL AND LEGALISTIC CONCEPTS OF RULE OF LAW The United Nations definition of rule of law refers to a principle of governance in which all persons, public and private

-4-

institutions and entities, including

the

State

itself,

are

accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and which are consistent with international human rights, norms and standards.1 A World Bank definition of rule of law is that it is a legal-political regime under which the law restrains the government by promoting certain liberties and creating order and predictability regarding how a country functions. In the most basic sense, the rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive use of government power.2 A careful reading of both definitions finds a parallel ground lying between two sectors. We have the government in the exercise of its powers and the citizens in the exercise of their rights, with the law having dominion on both sectors. The United Nations definition focuses on accountability before the law, while the World Bank definition centers on the protection of citizens against abusive government power.

1 2

The Rule of Law and Transitional Justice, Report of the Secretary-General, 23 August 2004. Yu, Helen and Alison Guernsey, University of Iowa, What is the Rule of Law?

-5-

Numerous works of jurists describe the rule of law as a power regulator, where the government in all its actions is bound by rules which are known and fixed. Equally, the public is informed of the authoritys coercive powers so that citizens may act on the basis of this knowledge. The rule of law is therefore a system by which it serves as a power regulator on the government and a controlling power on the citizens. Within the context of democratic governance as that prevailing in our country, the practical and philosophical concepts of rule of law meet at a common point: the rule of law prevails when a government is limited by law for the benefit of its citizens.

IV.

THE BASIS OF RULE OF LAW One aspect of rule of law is the requirement of an existing set of good laws. The concept of rule of law is not rulemaking nor law-making. Lying in its core is the principle that good laws make good governance which, in turn, uses the rule of law as one of its arms in reaching out to the citizenry as a key ingredient towards national development.
-6-

Rule of law and good governance require an effective institutional infrastructure where the factors of accountability, transparency and security apply horizontally to the three government powers and which devolve vertically to the

commissions, the cabinet consisting of departments, bureaus and other institutions, ultimately delivering efficient service to the public according to constitutional and statutory mandates. The influence and power of rule of law is initiated by the enactment of good laws by Congress, effective execution of such laws by the various institutions and the equitable interpretation of those laws by the courts. Such functions

should be carried out in a manner that is strong enough to stimulate citizen participation.

V.

THE PHILIPPINES AS A DEMOCRATIC GOVERNMENT The Executive, Legislative and Judicial branches of the government, functioning in defined areas of responsibility through independent institutions and agencies, draw their legal and political powers from the Constitution, which is drawn up

-7-

by the people and sets the limits and defines the framework within which the branches can properly function. The rule of law varies in different countries as it derives its powers from the states respective Constitutions, laws, customs and traditions. When we say that the rule of law has prevailed, it virtually means that the constitution has been upheld and its directives espoused in accordance with its principles and state policies. As such, there is a direct corelationship between law and constitutionalism. By virtue of our democratic government, the legal mechanisms of checks and balances constricting the powers of the three branches are also shared by the citizenry, exercised by the people over the government in what we may term citizenry power. Thus we have the electoral process, initiative and

referendum and recall election as devices allowing citizen participation in the system of checks and balance. Hence, the Government and the Constitution, both created by the people, exist to serve the people. Respect for the principle of democracy is an aspect of the rule of law.

-8-

VI. THE CONCEPT OF NATIONAL DEVELOPMENT National development involves a forward change in the different sectors of a country, basically carried out through socio-economic and political reforms. Its objectives are

primarily set at providing an overall enrichment to the lives of the people and delivering to them a higher quality of life. National development entails more than a single action. It requires fresh inputs and reforms into its natural resources in order to preserve its environment. It needs social reforms to enhance quality education, housing, health, alleviate poverty, provide security against terrorism and extrajudicial killings, quality education, preserve human dignity and equality to the highest standards and protection against administrative and high-level corruption. It needs economic reforms to attract

foreign investments and remove trade barriers. The Philippines population of more than 80 million inhabitants sets the greatest incentive to induce social reforms and implement economic diversification to target the progress and development of human resources as the single most powerful component required for national development, i.e.,
-9-

human capital. The development dimension is horizontal thus addressed to the actions of the three branches of government. VII. FRAMEWORK OF LAWS & NATIONAL DEVELOPMENT Laws alone do not create national development. Laws are instruments that could be utilized to create an enabling environment for the establishment of communal order. It also establishes conditions that influence and smooth the progress of revenue-generating activities needed to improve the quality of life of the citizenry and ultimately attain national development. The three principal drivers for growth are: (1) the

environment system (2) the socio-economic system and (3) the political system. In the passage of laws, Congress should

assess conditions existing in each system as to their access and susceptibility to development and the degree to which they can be expanded to attain national growth. The environment system requires control over the conditions and resources of the countrys natural environment where laws need to be passed for protection against environmental degeneration, optimization of agro-ecological

- 10 -

conditions and management and control of the spatial aspects in the interactions between humans and natural resources, all with the end in view towards sustainability. Applied to our society, this includes controls affecting mining, fishing, farming and land use, among others, with responsibilities shared by the Bureau of Forestry, Bureau of Lands, Bureau of Fisheries and Bureau of Mines, all of which fall under the Department of Environment and Natural Resources. The socio-economic system includes the development of the countrys human resources, human rights, property rights, tourism, trade and industry, security, infrastructure and the private sector. Laws should advance economic freedom by

removing barriers that allow trade to flourish and open the economy to the beneficial forces of globalization while preventing excesses, laws that stimulate and develop human and capital productivity. This includes acceleration of

educational and skills training, agrarian reform, liberalization of foreign investments, protection for overseas foreign workers, eradication of corruption and elimination of terrorism, to name a few, falling under the shared responsibilities of the

- 11 -

Departments of Education, Labor and Employment, Public Works, National Defense, Trade and Industry, Tourism, Agrarian Reform and Foreign Affairs. The political and legal systems oversee and regulate the activities of the two aforementioned systems through political institutions and public administration. The court structure and its institutions safeguard civil and political liberties. At the top-most level, the conceptual framework is headed by the three powers of government which enact, execute and defend a system of laws and rules, within their respective jurisdictions. The second level consists of the institutions, in form of departments and bureaus, to which powers devolve for enforcement. The third level depicts the system of law and rules and regulations to be enforced, implemented and interpreted. This system of rules, when applied on the fourth level of the growth system - composed of a network of environment, socio-economic and political and legal forces develops a growth mosaic which forms the essential parts of national development.

- 12 -

National development cannot be attained without the influence of forces derived from external sources lying beyond our territorial boundaries. These come in the form of foreign investments, treaties, overseas development assistance, and foreign technology including the inputs of development and financial organizations and our partners in development such as the United Nations, World Bank, Asian Development Bank and the ASEAN. Thus the framework essentially includes the fifth level, representing the foreign forces that evolve a reciprocal exchange with our national market forces. Summarily, the structural process describes the flow of government authority through a system of laws over a network of institutions, applied to a growth system of environment, socio-economic and political and legal institutions, including the foreign forces operating thereon, and on to the subject citizenry for their ultimate benefit. VIII. ROLE OF THE LEGISLATIVE POWER The legislative branch, as the law-making body of the government, should enact laws articulating citizen interests and public need, address the demands of the economy, and
- 13 -

stimulate growth and create civil order. A policy of stability will attract and stimulate investments and provide the continuity and time horizons that investors need in planning out project forecasts. When laws are relevant and responsive to the requirements of the intended beneficiaries, they effectively connect people to the government and good governance results as a consequence. Designed to address social, economic and political needs, laws should build capacity to address any situation that must be reformed and integrated with an ideal guarantee for compliance. Reforms that cause resistance aggravate corruption, terrorism and abuse of power in their implementation. Ineffective laws are detrimental to good governance and consequently undermine respect for the rule of law. Ultimately, they negate economic development. Resistance is demonstrated in the recently enacted antiterror law under R. A. 9372 Human Security Act which fueled domestic opposition and international concern on allegations that its vague language invites the misuse of such law.
- 14 -

The Foreign Investment Act, Omnibus Investments Code, Retail Trade Liberalization Act, Special Zone Act, BuildOperate-Transfer Law and the concurrence to the World Trade Organization Treaty are acts of legislation on reforms that spur economic development and respond to global demands that bring to life the constitutional mandate to develop a self-reliant and independent national economy. The Labor Code, the Migrant Workers and Overseas Filipinos Act and the proposal to negotiate for bilateral labor agreements with countries hosting Filipino workers are pieces of legislation that serve the constitutional mandate to protect rights of workers and promote their welfare. There are several proposed amendments to existing laws and bills relating to the Tourism Act, quality affordable medicines, the intellectual property code and human rights. The need to amend the Government Procurement Reform Act under Senate Bill No. 1793 for better policies on full public disclosure of all government transactions involving public interest demonstrates legislative response to demands for transparency and accountability.
- 15 -

These legislative mechanisms regulate and control the environment. They establish an order that provides the smooth interaction of the forces of man, rules, programs and capital. They comply with constitutional mandates while inducing individual growth and national development. conditions exist, the rule of law is said to prevail. When these

IX.

ROLE OF THE EXECUTIVE The Executive power includes the implementation of the acts of Congress, enforced and executed through various institutions. Being a large bureaucracy, it consists of departments which are created by the legislature to exercise legally defined regulatory powers and which, in turn, form several institutions which execute the laws in accordance with the mandate of Congress, through policies and implementing rules and regulations. Good governance is an extension of the principle of the rule of law. Kofi Annan, former Secretary General of the

United Nations, had declared that "Good governance is perhaps

- 16 -

the single most important factor in eradicating poverty and promoting development." Good governance is best described by the United Nations Development Program (UNDP) and defines it as the exercise of economic, political, and administrative authority to manage a countrys affairs at all levels. It comprises mechanisms, processes, and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations, and mediate their differences. The definition imparts the structural process describing the flow of government authority over a network of institutions and on to the subjects who act and operate, in accordance with defined rules. Investors are attracted to economies where there are proper functioning institutions that promote stability and legal certainty. Investors prefer to go where governance is good. They go where the rules are stable and where laws do not change overnight and wipe out a business by a mere change of legislation.

- 17 -

The creation of the Presidential Anti-Graft Commission to strengthen institutionalized measures against graft and corruption, special economic zones, tax reforms, election reforms, the creation of the barangay justice system and the mediation system at the Departments of Agrarian Reform and Environment and Natural Resources to resolve controversies closer to the grass roots - these are but few cases where executive acts, based on legislative mandates, open our markets to more investments, establish social order, and enhance human capital. A capacity for law enforcement must be developed. Due process must be implemented and respect for human rights must be enhanced. A secure and prosperous environment for public order must be created. Foreign policies must be

designed to promote national growth. Such a system can only exist where rule of law prevails.

X.

THE ROLE OF THE JUDICIARY Without a vigorous rule of law, defended by an

- 18 -

independent judiciary, rights are not safe and the equality and dignity of all citizens are at risk. Only when the rule of law bolsters the democratic dimensions of rights, equality, and accountability will the responsiveness of government to the interests and needs of the greatest number of citizens be achieved. 3 Sound laws protect the citizens from consequences of their infringement and serve as a shield against abuses of the authorities. The primary role of the judiciary is the

administration of justice, in accordance with laws enacted by legislature and to safeguard civil liberty by defending these laws. A strong and independent judiciary is vital to the

economic and social development of the nation since a strong legal system and adherence to the rule of law are components of national development. The concept of rule of law puts the weight of its effectiveness on how the legal system sustains the laws in resolving conflicts, applying them equally to all its citizens and consistently over time.
3

ODonnell, Guillermo A., Why the Rule of Law Matters, Journal of Democracy Vol. 15, No. 4, October 2004, pp. 32-46

- 19 -

Several recent

judgments

have

demonstrated

the

sensitivity of the courts to promoting the rule of law in the pursuit of national development. By declaring the Mining Law under R. A. 79424 as constitutional, the Supreme Court participated in the

advancement of economic development through increased mining activities that translated to billions worth of investments and created more job opportunities, which was the goal of this legislation. The Court upheld the Senates concurrence to the WTO5 membership by recognizing the free market espoused by the WTO and its status as the only viable structure for multilateral trading. The Supreme Court defended the peoples rights when it struck down the calibrated pre-emptive response 6 embodied in Presidential Proclamation No. 1017 which was used as basis for violent dispersals of peaceful assemblies.

4 5

La Bugal vs Ramos, G. R. 127882, 1 December 2004. Tanada vs Angara, G. R. No. 118295, 2 May 1997 6 David vs Arroyo, G. R. 171396, 3 May 2006

- 20 -

A significant test of the force of the rule of law in the Philippines took place when the Supreme Court upheld the constitutional power of a co-equal branch to conduct legislative inquiries in aid of legislation and invalidated an act of another co-equal branch when it declared certain provisions of Executive Order No. 464 7 as unconstitutional. It upheld the right of lawmakers to compel the appearance of officials of the executive branch in legislative inquires so as not to frustrate legislative investigations and serve the peoples right to take part in government affairs. The above cases, brought to the Supreme Court for resolution, are manifestations of its mandate to uphold the supremacy of the law and maintain equality before the law, which are the basic precepts of the principle of rule of law.

XI.

SUMMARY All three powers of government utilize laws and rules as mechanisms to achieve good governance, which is a precondition to achieve national development.

Senate vs Ermita, G. R. No. 169777, 20 April 2006

- 21 -

The force of rule of law commands civil order and requires such order as a condition for rule of law to prevail. To be operative, it mandates a set of laws, the primacy of such laws and the adherence of society to such laws. Congress determines the laws that go into the system and bears the responsibility to formulate good, sound and strong laws, articulating citizen preference and public need. Laws are good when they create rights, stimulate opportunities for growth, facilitate the management of national economy and protect people and investments. They are sound when they involve legal certainty, contain no infirmities, are consistent with international standards and are predictable and enduring. They are strong when they are stable, but not stagnant, and can break down trade barriers to allow foreign investments to come in. Effective laws are good laws. Good laws stimulate

compliance. Compliance to laws is respect for the rule of law. The rule of law contributes to national development. The Executive bears the responsibility to enforce the law, through its bureaucracy, by way of orders, proclamations and implementing rules and regulations in accordance with the
- 22 -

spirit intended by Congress and is mandated to bring out the effect of such laws pursuant to the objectives they were set out for. The onus of law enforcement is addressing laws to their intended beneficiaries, balancing the various interests in society in order to form the synergy required for progressive-oriented actions. Good law enforcement optimizes the pieces of

legislation as instruments to license, protect, regulate, generate or to charge. Proper use of laws on the appropriate subjects will induce obedience to laws and regulations. Building capacity and

developing an attitude for ensuring compliance to laws is an order for the Executive, with a duty to close gaps between legal pronouncements and enforcement while infusing transparency and accountability into the enforcement process. compliance, laws and regulations are Without

inconsequential.

Disregard of the law undermines the rule of law. The absence of the rule of law is absence of public order and closes the doors to foreign investments. In an age of globalization, lack of foreign capital will impede national development.

- 23 -

While the Legislative and the Executive participate indispensably in establishing the force of rule of law upon society, a point in fact is that the heaviest burden of upholding the principle is loaded on the shoulders of the Judiciary as the guardian of the rule of law. While a system of checks and balances aligns and delineates the respective jurisdictions of the three powers, judicial reach covers not only civil society but extends even over their co-equal branches through judicial reviews in order to determine whether or not legislative and executive acts lie within the bounds of the Constitution, to which

pronouncements Congress and the President must defer. Rule of law prevails where laws exist, where laws are observed and where laws are upheld. Investors go where the legal system provides recourse when their rights are denied by private parties or by public administration. Legal systems that provide strong legal protection for offended parties and investors will allow the implementation of reforms and marketoriented programs executed and protected under legal basis, thus making risks predictable and calculable.
- 24 -

XII. CONCLUSION The reins of the government are held by the Legislative, Executive and the Judiciary. Whether the exertions to reach the goal are evenly balanced or not, the horses that pull the carriage will reach their target destination all at the same time. Following the wisdom of an aphorism, it does not matter which horse had brought the carriage to the finish line. We must admit that the common man on the street, the average Filipino belonging to the majority of the population below the poverty line, does not probably think of national development. He will not monitor the countrys economic

indicators. He gives no importance if we can attain our 7% economic growth target for 2007. Claims for one million jobs are irrelevant to him if he is employed. He even complains of a strong peso because the overseas remittance he receives from the Middle East had become less. The expressions of a

prosperous economy, the guarantee of his civil liberty . . . these are abstract ideologies to his mind and too complicated for him to appreciate. What then is relevant to him?

- 25 -

The average Filipino rates the government in accordance with the improvement of his standard of living on a day-to-day basis. To him the government is doing well if he himself

receives a regular salary increase. He is happy if the price of pandesal can be maintained at P2.00 apiece, if his electricity bill does not fluctuate significantly, if the cost of his LPG stays constant from one purchase to the other, if he still has money left to put aside for savings, if he is secure in his home and his neighbor does not steal his chickens, most important, if he can provide his children a better education and give them a better life than what he had. These are his economic indicators. With priority over all other resources, the Philippines should invest more in its most potent asset, that is, human capital. This for the most part involves reforms and programs that intensify the ability to subject the peoples attitudes (referring to mental facilities) and behavior (referring to physical actions) under the supremacy of laws. Where the law is supreme, there is order. Where there is order, investors find their way in the markets with facility because all forces take their own course. Where the economy is
- 26 -

market-oriented, there is national development. When all these happen, rule of law prevails. Laws build civil order, civil order builds industries, industries build economies, economies build a nation. All said, the rule of law as a tool to national development may be summarized in the following conceptual structural framework.

- 27 -

Conceptual Structural Framework

POWERS
LEGISLATIVE EXECUTIVE JUDICIARY

Committees:

SC D AR De pEd DFA D IL G DO LE DPWH DN D D oT D oTC Me TC CA RT C M TC SB CTA SDC M CT C SCC

INSTITUTIONS

Blue Ribbon Economic Affairs Ethics Finance Foreign Relations Education Energy Justice Rules W ays & Means Others

D BM DSW D D TI

DoE

D oH

DoJ

NE DA

D oST

LAW & RULES

- Constitution - Revised Penal Code - Civil Code - Code of Commerce - Other Legislations

- Implementing Rules & Regulations - Executive Orders - Proclamations - Policies - Other issuances

Rules - Procedure - Pleadings - Practice - Legal Profession - Protection & Enforcement of Constitutional Rights

Socio-Economic

GROWTH SYSTEM
Environment Political
&

Legal

International Treaties

World Bank

FOREIGN FORCES
Foreign Investments ASEAN

UN Overseas Development Assistance

NATIONAL DEVELOPMENT

CITIZENRY
- 28 -

Thus, we can sufficiently conclude that the operation of the rule of law is effective when it follows an orderly structural process which recognizes authorities and symbiotic

relationships existing in all levels of government that adequately influence the creation of conditions susceptible to national development. Conformably, we may revisit the message embodied in the Prologue of this piece of writing which had attributed a structural approach to the rule of law as a tool in national development.

The rule of law is of great consequence to national development because the Constitution and the system of codes, laws and rules define the legal framework and the government structure within which socio-economic and political activities that lead to national development can take place.

- 29 -

REFERENCES

Dobriansky, Paula, U.S.A. Under Secretary of State for Global Affairs. Principles of Good Governance, located at http://www.usinfo.state.gov/journalsites0303/ijee/dobriansky.htm Bo Li, What is Rule of Law?, Perspectives, Vol. 1, No. 5, located at http://www.oycf.org/Perspectives/5_043000/what_is_ rule_of_law.htm. Resnick, Danielle and Birner, Regina, Does Good Governance Contribute to Pro-Poor Growth? located at http://www.ifpri.org/divs/ dsgd/papers/dsgdp30.pdf World Bank, Yu, Helen and Alison Guernsey, What is the Rule of Law?, located at http://www.uiowa.edu/ifdebook/faq/ Rule_of_Law.shtml Websites of Malacanang, Senate, Supreme Court, NEDA.