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The success of public administration is usually based on the policies passed

and enforced by the government. Congress as the primary source of measures

that eventually forms part of the public policy is also the first to be blamed for

the inept of our officials to run governmental affairs. Congress has become a

convenient excuse for the failure of the government to address social concerns.

Where lies the aberration? Is it the inadequacy of laws that adds up to our

country·s present economic and political problem or the failure of the

government to enforce the law? I believe it is the latter. While it is true that

certain laws needs to be updated in order to keep abreast with the changing

times yet there are laws that while they may have been passed decades ago are

still good laws.

For instance Republic Act No. 166 otherwise known as the Trade Mark Law

was passed on June 20, 1947. This law provides protection to trademarks and

trade names. But if we go to Greenhills and other similar shopping centers, the

whole stretch of an alley serves as the market place for fake bags, shoes like

Loui Vitton, Gucci, Burberry. Isn·t this a clear and glaring violation of Republic

Act No. 166? But how come this practice is allowed to go on. Again it all boils

down to one thing and that is corruption.

VV

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Bills are drafted and enacted into law to serve a purpose and that is to prevent,

abate and eliminate chaos in the administration of public affairs. Without laws

it would be catastrophic. No matter how intricate the laws maybe yet we need it

if only to make us feel secure.

In cases of penal laws, too often we question the wisdom for the passage of the

law. This is particularly true in crimes that impose death as a capital

punishment. During the Aquino administration, lethal injection was used as

replacement to the electric chair which was perceived by many human rights

advocates as inhumane. The first and the last convicted rapist to be put to

death by lethal injection was Leo Echegaray who was found guilty by the trial

court for raping his daughter or step daughter as some claims. The execution

of Leo Echegaray stirred different reactions. Some found the punishment

imposed as too harsh, others deemed it just fitting considering that a heinous

crime was committed. Our jurisprudence adhere to the maxims of ´dura lex

sed lexµ and ´ignorancia legis non excusatµ in the interpretation and

application of the law. Thus, we are duty bound to observe the law no matter

how harsh it may be.

VV