PHL fell four spots on the Human Development Index ranking

The Philippines fell four spots on the Human Development Index (HDI) rankings, coming in at 117th in the 2023 evaluation, despite posting improving scores, the United Nations Development Program (UNDP) said.

In a statement, the UNDP said the Philippine score improved to 0.720, up from 0.714 in 2022 and 0.690 in 2019.

The index gauges a country’s health, education and standard of living.

“The Philippines’ HDI value for the year 2023 climbed to 0.720, reflecting an increase of 1.4% from the 2022 level; however, it remains below the average HDI for the East Asia and Pacific region,” the UNDP said in a statement on Tuesday.

The Philippines scored below East Asia and the Pacific’s average of 0.775 and the global average of 0.756.

Among neighboring countries, human development levels were “very high” in Hong Kong (8th), Singapore (13th), and Brunei Darussalam (60th).

Scores for Philippines, Singapore and China

The Philippines had a “high” human development level, as did Malaysia (67th), Thailand (76th), Vietnam (93rd), Indonesia (113rd) and Timor-Leste (142nd).

On the other hand, human development was classified as “medium” in Laos (147th), Myanmar (150th), and Cambodia (151st).

“Instead of seeing sustained recovery following the period of exceptional crises of 2020-2021, the report reveals unexpectedly weak progress. Excluding those crisis years, the meagre rise in global human development projected in this year’s report is the smallest increase since 1990,” the UNDP said.

The report also found that while global development is decelerating at an alarming rate, inequalities continue to widen between rich and poor countries.

“As traditional paths to development are squeezed by global pressures, decisive action is needed to move the world away from prolonged stagnation,” it said.

Life expectancy at birth is at 69.8 years in the Philippines, according to the Human Development Index. The expected years of schooling for Filipinos is 12.8, with the mean years of school is 10.

The Philippines also ranked 92nd in the gender inequality index with a score of 0.351, while its gender development score stood at 0.966.

The report also found that half of respondents worldwide think their jobs can be automated.

“An even larger share — six in ten — expect AI to impact their employment positively, creating opportunities in jobs that may not even exist today,” she said.

Around 13% of survey respondents fear artificial intelligence (AI) could lead to job losses while in low- and medium-HDI countries, 70% expect AI to increase their productivity.

Two-thirds anticipate using AI in education, health, or work within the next year.

“The choices we make in the coming years will define the legacy of this technological transition for human development,” Pedro Conceição, director of UNDP’s Human Development Report Office, said.

“With the right policies and focus on people, AI can be a crucial bridge to new knowledge, skills, and ideas that can empower everyone from farmers to small business owners.”

Source: Business World

Philippines trails regional peers in UNCTAD’s Inclusive Growth Index

The Philippines was among the laggards in the East and Southeast Asian region after it scored 34.3 out of 100 in the latest edition of the Inclusive Growth Index (IGI), released by the United Nations Conference on Trade and Development (UNCTAD). Using 2023 data, the index assesses an economy’s well-being and inclusivity through its gross domestic product (GDP) with other data on living conditions, equality, and environmental sustainability.

Source: Business World

Nuisance Per Accidens Cannot Be Summarily Abated

Legal Framework and Application

In the realm of property and environmental law, the concept of "nuisance" plays a crucial role in balancing individual rights with public welfare. One of the key distinctions in nuisance law is between nuisance per se and nuisance per accidens. While nuisance per se—an act or condition inherently illegal or harmful—can be summarily abated by authorities, nuisance per accidens (or nuisance in fact) cannot be removed without due process. This blog post explores the legal framework governing nuisance per accidens and its practical applications.

Understanding Nuisance Per Accidens

A nuisance per accidens is an act, structure, or use of property that becomes a nuisance due to its circumstances or effects rather than its inherent nature. For instance, a factory producing loud noise and pollution might not be illegal in itself but can be deemed a nuisance based on its impact on the surrounding community.

Because the classification of nuisance per accidens depends on factual determinations, it requires judicial evaluation before any enforcement action can be taken. Unlike nuisance per se, which can be summarily abated due to its inherent unlawfulness, nuisance per accidens necessitates proper legal proceedings to ensure fairness and prevent arbitrary government actions.

Legal Framework: Due Process and Judicial Determination

1. Constitutional Protections

The principle that nuisance per accidens cannot be summarily abated stems from constitutional due process rights. In the Philippines, the right to property is protected under the 1987 Constitution, specifically under Article III, Section 1, which states that "No person shall be deprived of life, liberty, or property without due process of law." Similar protections exist in other jurisdictions, ensuring that government actions affecting property rights follow legal procedures.

2. Judicial Precedents

Philippine jurisprudence has consistently held that a nuisance per accidens must be determined by a competent court before any abatement measures are undertaken. Courts evaluate factors such as the nature of the alleged nuisance, its impact on public welfare, and potential remedies. In contrast, nuisance per se, such as illegal structures blocking public roads, may be abated without court intervention.

3. Legislative and Local Government Authority

Under the Local Government Code (Republic Act No. 7160), local governments are empowered to regulate nuisances within their jurisdictions. However, this authority does not extend to summarily abating nuisance per accidens without a proper hearing. Any attempt to do so may be challenged as a violation of due process.

Practical Applications: How Courts Handle Nuisance Per Accidens Cases

Given the need for judicial determination, parties affected by a nuisance per accidens must file a complaint before the courts. The process typically involves:

1. Filing a Case – Affected parties must present evidence demonstrating that a specific activity or property use constitutes a nuisance based on its effects.

2. Court Evaluation – The court examines whether the nuisance claim is valid, taking into account expert testimony, environmental studies, and community impact.

3. Remedies and Enforcement – If the court determines that a nuisance exists, it may order remedies such as fines, restrictions, or even closure of operations, depending on the severity of the nuisance.

Conclusion

The distinction between nuisance per se and nuisance per accidens is crucial in protecting property rights while maintaining public order. While authorities can summarily abate nuisance per se, they must follow due process in addressing nuisance per accidens. This ensures that actions taken against property owners are justified and legally sound, preventing arbitrary government interference. Understanding these legal principles is essential for property owners, businesses, and local government units navigating nuisance-related disputes.

Source: Ziggurat Real Estate