Felix Makasiar
Encyclopedia
Felix V. Makasiar was the 14th Chief Justice of the Philippines
, serving in that capacity for four months in 1985. His 85-day stint as Chief Justice, abbreviated only because of the rule requiring mandatory retirement upon reaching the age of 70, was the second-shortest such tenure in Philippine history. Prior to his promotion as Chief Justice, Makasiar had served for 15 years as an Associate Justice
.
and finished his primary and secondary education in his home province. He completed his undergraduate studies at the Far Eastern University
, and enrolled at the University of the Philippines College of Law
, where he obtained his Bachelor of Laws
degree, cum laude, in 1939. He later obtained a Master of Laws
degree from the University of Santo Tomas
.
Upon passing the bar
in 1939, Makasiar joined the government service as an attorney with the Department of Justice
. He would not leave the government service until his retirement from the Supreme Court in 1985. Makasiar rose in the ranks, beginning with a stint with the Office of the Solicitor General, then as a trial court judge beginning in 1954. He was appointed Solicitor-General and Undersecretary of the Department of Justice from 1968 to 1970, and as Secretary of Justice from May until August 1970, at which time he was appointed as Associate Justice to the Supreme Court.
Prior to his appointment to the High Court, Makasiar also worked as a law professor in several universities, including the Manuel L. Quezon University
and the San Beda College
.
Makasiar retired from the Supreme Court upon reaching the age of 70 in November 1985. He died 7 years later, on February 19, 1992.
Ferdinand E. Marcos. He became chairman of the Judiciary Code Committee, the Vice-Chairman of the Committee on the Revised Rules of Court, and the first chairman of the Sharia
bar examinations inaugurated in 1984.
, 50 SCRA 33 (1973). More prominently, in Aquino v. COMELEC, 62 SCRA 33 (1975), Makasiar wrote for the Court as it denied petitions for prohibition
which maintained that Marcos, whose original term as President expired 2 years earlier, held no legal office nor lawful authority. Relying on Javellana and Aquino v. Ponce-Enrile
(which affirmed the validity of the 1972 proclamation of martial law), Makasiar wrote that Marcos was the de jure
incumbent President of the Philippines.
In questions concerning labor law and social justice
, Makasiar's opinions for the Court reflected sympathies to the common man, and would sometimes resort in rebuke to injustices as reflected by the facts of the case. For example, in Carbonell v. CA, 69 SCRA 99(1976), Makasiar wrote:
In Menez v. ECC, G.R. L-48488, April 25, 1980, a case involving the upholding of a teacher’s compensation due to occupational disease, Makasiar expounded at length on the plight of public school teachers:
, was deemed as controversial. Had the tradition of seniority been observed by Marcos, Claudio Teehankee, who was appointed to the Court nearly two years prior to Makasiar, would have been elevated as Chief Justice. However, Teehankee had constantly voted to nullify the actions of the martial law regime, in contrast to the more favorable positions of Makasiar.
During Makasiar's brief tenure as Chief Justice, the Supreme Court issued two notable rulings favorable to the Marcos government. In Galman v. Pamaran, 138 SCRA 294 (1985), the Court ruled in favor of the defendants in the pending murder trial of Benigno Aquino, Jr.
after they sought the exclusion
of their earlier testimonies before the Agrava Fact-Finding Commission previously tasked with investigating the Aquino assassination. In Ilagan v. Enrile, 139 SCRA 349(1985), the Court refused to act on petitions for habeas corpus
filed in behalf of 3 lawyers who had been arrested and detained without warrants of arrest, ruling that the petitions were mooted by the subsequent filing of criminal informations for rebellion against the lawyers.
Chief Justice of the Philippines
The Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...
, serving in that capacity for four months in 1985. His 85-day stint as Chief Justice, abbreviated only because of the rule requiring mandatory retirement upon reaching the age of 70, was the second-shortest such tenure in Philippine history. Prior to his promotion as Chief Justice, Makasiar had served for 15 years as an Associate Justice
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
.
Profile
Makasiar was born in Siaton, Negros OrientalSiaton, Negros Oriental
Siaton is a 1st class municipality in the province of Negros Oriental, Philippines. According to the 2000 census, it has a population of 64,258 people in 12,767 households.-Barangays:Siaton is politically subdivided into 26 barangays.* Albiga* Apoloy...
and finished his primary and secondary education in his home province. He completed his undergraduate studies at the Far Eastern University
Far Eastern University
Far Eastern University in the University Belt area, West Sampaloc, City of Manila, is a nonsectarian, private university in the Philippines. Created by the merger of Far Eastern College and the Institute of Accounts, Business and Finance, FEU became a university in 1934 under the guidance of...
, and enrolled at the University of the Philippines College of Law
University of the Philippines College of Law
University of the Philippines College of Law or UP Law is the law school of the University of the Philippines. Since 1948, it has been located at the University of the Philippines Diliman in Quezon City, the flagship campus of UP's seven constituent universities. Until the 1970s, night classes of...
, where he obtained his Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
degree, cum laude, in 1939. He later obtained a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
degree from the University of Santo Tomas
University of Santo Tomas
The Pontifical and Royal University of Santo Tomas, The Catholic University of the Philippines , is a private Roman Catholic university run by the Order of Preachers in Manila. Founded on April 28, 1611 by archbishop of Manila Miguel de Benavides, it has the oldest extant university charter in the...
.
Upon passing the bar
Philippine Bar Examination
The Philippine Bar Examination is the professional licensure examination for lawyers in the Philippines.It is the only professional licensure exam in the country that is not supervised by the Professional Regulation Commission...
in 1939, Makasiar joined the government service as an attorney with the Department of Justice
Department of Justice (Philippines)
The Department of Justice , abbreviated as DOJ, is the executive department of the Philippine government responsible for upholding the rule of law in the Philippines...
. He would not leave the government service until his retirement from the Supreme Court in 1985. Makasiar rose in the ranks, beginning with a stint with the Office of the Solicitor General, then as a trial court judge beginning in 1954. He was appointed Solicitor-General and Undersecretary of the Department of Justice from 1968 to 1970, and as Secretary of Justice from May until August 1970, at which time he was appointed as Associate Justice to the Supreme Court.
Prior to his appointment to the High Court, Makasiar also worked as a law professor in several universities, including the Manuel L. Quezon University
Manuel L. Quezon University
The Manuel L. Quezon University is a private university in Quiapo, Manila, Philippines. It is a member of the Colleges and Universities Sports Association . It offers academic programs at the pre-school, elementary, high school, tertiary, and graduate levels. It is named for Philippine president...
and the San Beda College
San Beda College
San Beda College or Dalubhasaan ng San Beda in Filipino is a Private Benedictine college run by the Benedictine monks in the Philippines. It is located on Mendiola Street in San Miguel, Manila...
.
Makasiar retired from the Supreme Court upon reaching the age of 70 in November 1985. He died 7 years later, on February 19, 1992.
Supreme Court service
Makasiar served a total of 15 years on the Court, all within the term of his appointer and law school classmate PresidentPresident of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Ferdinand E. Marcos. He became chairman of the Judiciary Code Committee, the Vice-Chairman of the Committee on the Revised Rules of Court, and the first chairman of the Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
bar examinations inaugurated in 1984.
Jurisprudence
The most prominent issues during Makasiar's tenure on the Court concerned the validity of the acts of the martial law regime began by Marcos in 1972. On those issues, Makasiar had been described as a loyal ally of Marcos and a consistent supporter of the President's New Society policies. He was among the Justices who voted to affirm the validity of the 1973 Constitution in the seminal case of Javellana v. Executive SecretaryRatification Cases
Ratification Cases, officially titled as Javellana v. Executive Secretary was a case decided by the Philippine Supreme Court in 1973, said decision becoming the legal basis for the 1973 Philippine Constitution to be of full force and effect, and paving the way for the extension of the term of...
, 50 SCRA 33 (1973). More prominently, in Aquino v. COMELEC, 62 SCRA 33 (1975), Makasiar wrote for the Court as it denied petitions for prohibition
Prohibition (writ)
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In practice, the Court directs the Clerk to issue the Writ, and directs the Sheriff to serve it on the subordinate, and the Clerk prepares the Writ and gives it to the Sheriff, who serves it.This...
which maintained that Marcos, whose original term as President expired 2 years earlier, held no legal office nor lawful authority. Relying on Javellana and Aquino v. Ponce-Enrile
Philippine Habeas Corpus Cases
Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, concerning the writ of habeas corpus.The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be...
(which affirmed the validity of the 1972 proclamation of martial law), Makasiar wrote that Marcos was the de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
incumbent President of the Philippines.
In questions concerning labor law and social justice
Social justice
Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...
, Makasiar's opinions for the Court reflected sympathies to the common man, and would sometimes resort in rebuke to injustices as reflected by the facts of the case. For example, in Carbonell v. CA, 69 SCRA 99(1976), Makasiar wrote:
Hence, Carbonell's prior purchase of the land was made in good faith. Her good faith subsisted and continued to exist when she recorded her adverse claim four (4) days prior to the registration of Infante's deed of sale. Carbonell's good faith did not cease after Poncio told her on January 31, 1955 of his second sale of the same lot to Infante, Because of that information, Carbonell wanted an audience with Infante, which desire underscores Carbonell's good faith. With an aristocratic disdain unworthy of the good breeding of a good Christian and good neighbor, Infante snubbed Carbonell like a leper and refused to see her. So Carbonell did the next best thing to protect her right — she registered her adverse claim on February 8, 1955. Under the circumstances, this recording of her adverse claim should be deemed to have been done in good faith and should emphasize Infante's bad faith when she registered her deed of sale four (4) days later on February 12, 1955.
In Menez v. ECC, G.R. L-48488, April 25, 1980, a case involving the upholding of a teacher’s compensation due to occupational disease, Makasiar expounded at length on the plight of public school teachers:
... Rheumatoid arthritis and pneumonitis can be considered as such occupational diseases. All public high school teachers, like herein petitioner, admittedly the most underpaid but overworked employees of the government, are subject to emotional strains and stresses, dealing as they do with intractable teenagers especially young boys, and harassed as they are by various extra-curricular or non- academic assignments, aside from preparing lesson plans until late at night, if they are not badgered by very demanding superiors. In the case of the petitioner, her emotional tension is heightened by the fact that the high school in which she teaches is situated in a tough area - Binondo district, which is inhabited by thugs and other criminal elements and further aggravated by the heavy pollution and congestion therein as well as the stinking smell of the dirty Estero de la Reina nearby. Women, like herein petitioner, are most vulnerable to such unhealthy conditions. The pitiful situation of all public school teachers is further accentuated by poor diet for they can ill-afford nutritious food. xxx In her work, petitioner also has to contend with the natural elements, like the inclement weather — heavy rains, typhoons — as well as dust — and disease-ridden surroundings peculiar to an insanitary slum area. xxx These unwholesome conditions are "normal and consistently present in" or are the "hazards peculiar to" the occupation of a public high school teacher. It is therefore evident that rheumatoid arthritis and pneumonitis are the "natural incidents" of petitioner's occupation as such public high school teacher. xxx It must be borne in mind that petitioner was a teacher of the Raja Soliman High School which is located in the heart of Binondo District. She was constantly exposed to the heavily polluted air and congestion (squatter's area) characteristic of the area. She was not only exposed to the elements - varying degrees of temperature throughout the day and night - but also had to withstand long hours of standing while performing her teaching job. Likewise, she had to regularly negotiate long trips from her home in Project 2, Quirino District, Quezon City (her residence) to said high school in Binondo, scampering from one ride to another, rain or shine, and sweating in the process.
Promotion to Chief Justice
Makasiar's appointment as Chief Justice by President Marcos on July 25, 1985, replacing Enrique FernandoEnrique Fernando
Enrique M. Fernando was the 13th Chief Justice of the Supreme Court of the Philippines. A noted constitutionalist and law professor, he served in the Supreme Court for 18 years, including 6 years as Chief Justice....
, was deemed as controversial. Had the tradition of seniority been observed by Marcos, Claudio Teehankee, who was appointed to the Court nearly two years prior to Makasiar, would have been elevated as Chief Justice. However, Teehankee had constantly voted to nullify the actions of the martial law regime, in contrast to the more favorable positions of Makasiar.
During Makasiar's brief tenure as Chief Justice, the Supreme Court issued two notable rulings favorable to the Marcos government. In Galman v. Pamaran, 138 SCRA 294 (1985), the Court ruled in favor of the defendants in the pending murder trial of Benigno Aquino, Jr.
Benigno Aquino, Jr.
Benigno Simeon "Ninoy" Aquino, Jr. was a Filipino Senator and a former Governor of Tarlac. Aquino, together with Gerry Roxas and Jovito Salonga, formed the leadership of the opposition to the Marcos regime in the years leading to the imposition of martial law in the Philippines...
after they sought the exclusion
Exclusionary rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
of their earlier testimonies before the Agrava Fact-Finding Commission previously tasked with investigating the Aquino assassination. In Ilagan v. Enrile, 139 SCRA 349(1985), the Court refused to act on petitions for habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
filed in behalf of 3 lawyers who had been arrested and detained without warrants of arrest, ruling that the petitions were mooted by the subsequent filing of criminal informations for rebellion against the lawyers.