Alicia Austria-Martinez
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Maria Alicia Austria-Martinez (born Maria Alicia Austria; December 19, 1940) is a Filipino jurist who served as an
Associate Justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...
of the Supreme Court of the Philippines from 2002 to 2009. She was appointed to the Court by
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Gloria Macapagal Arroyo Maria Gloria Macaraeg Macapagal Arroyo (, born April 5, 1947), often referred to by her initials GMA, is a Filipino academic and politician serving as one of the House Deputy Speakers since 2022, and previously from 2016 to 2017. She previously ...
on April 12, 2002.


Profile

Justice Austria-Martinez started working in the government as a clerk in the Office of the Insurance Commissioner (February 1962 - December 1962). Later, she became Legal Officer I in the same Office (January 1963 - October 1964). Her brief stint in the Office of the Insurance Commissioner was cut short when she became a legal researcher in the Court of First Instance of Rizal (October 1964 - July 1969), thus, starting her long and illustrious career in the judiciary. From being a researcher, she gradually worked her way up in the ladder of judicial hierarchy and, in the process, held various positions such as Attorney Researcher (July 1969 - December 1975), Senior Attorney (January 1976 - October 20, 1976), and eventually Division Clerk of Court of the Court of Appeals (October 21, 1976 - January 17, 1983). On January 18, 1983, she was appointed as the Presiding Judge of the Regional Trial Court (Branch XXXVI) of Calamba, Laguna. On November 4, 1986, she became the Presiding Judge of the Regional Trial Court (Branch CLIX) of Pasig. From 1990 to 1992, she concurrently held the position of Executive Judge of the Regional Trial Court of Pasig. She also served in different capacities as an officer of the Philippines Judges’ Association and the Philippine Women Judges’ Association from 1987 to 1992. On March 5, 1992, she went back to the Court of Appeals, this time as an Associate Justice. She served in this capacity until July 27, 2001, when she was appointed as the Presiding Justice of the Court of Appeals. However, her occupation of the Office of the Presiding Justice proved to be short-lived because on April 9, 2002, she was named Associate Justice of the High Tribunal. Her curriculum vitae includes: Examiner in Commercial Law in the 1994 Bar Examinations and Examiner in Remedial Law in the 2000 Bar Examinations; member of the Supreme Court's Committee on Formulation of Rules of Procedure in Family Courts which includes the drafting of the Rules on Examination of a Child Witness, on Domestic Adoption, on Commitment of Children, and on Annulment and Declaration of Nullity of Marriage; lecturer and resource person in various programs and seminars conducted under the auspices of the Supreme Court, the Philippine Judicial Academy and the U.P. Law Center. Justice Austria-Martinez graduated from the University of the Philippines in 1962, earning the degree of Bachelor Laws (LLB). She passed the Bar Examinations given in 1962. She also obtained a master's degree in National Security Administration in 1980 from the National Defense College of the Philippines where she eventually became the Chairman of the Panel of Examiners for Oral Defense in 1987, 1988 and 1991. She also served as a member of the Board of Admission in the same College for the School Years 1991–1993. Justice Austria-Martinez also attended the 31st Program of Instruction for Lawyers held at the Harvard Law School in
Cambridge, Massachusetts Cambridge ( ) is a city in Middlesex County, Massachusetts, United States. As part of the Boston metropolitan area, the cities population of the 2020 U.S. census was 118,403, making it the fourth most populous city in the state, behind Boston ...
in 1999.


Resignation

On September, 2008, Austria-Martinez, citing health reasons, filed a letter to the Supreme Court of the Philippines through
Reynato Puno Reynato Puno y Serrano, KGCR (Filipino: ''Reynato Serrano Puno''; born May 17, 1940) is a Filipino jurist. He served as the 22nd Chief Justice of the Supreme Court of the Philippines from December 8, 2006 by President Gloria Macapagal Arroyo unt ...
, tendering her resignation effective April 30, 2009, or 15 months before her compulsory retirement on December 19, 2010. In the October 1
Judicial and Bar Council The Judicial and Bar Council (JBC; fil, Sangguniang Panghukuman at Pang-abogasya) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition ...
's
en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...
deliberations,
Reynato Puno Reynato Puno y Serrano, KGCR (Filipino: ''Reynato Serrano Puno''; born May 17, 1940) is a Filipino jurist. He served as the 22nd Chief Justice of the Supreme Court of the Philippines from December 8, 2006 by President Gloria Macapagal Arroyo unt ...
ruled: “The court merely noted it. We don’t have to approve it... it is her right.” During the JBC hearing, a JBC member said "Austria-Martinez had wanted to retire earlier because of health reasons. We were told she had health problems even when she was in the CA.” Retired
Chief Justice of the Supreme Court of the Philippines The chief justice of the Philippines ( fil, Punong Mahistrado ng Pilipinas) presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines. As of April 5, 2021, the position is cur ...
Artemio Panganiban Artemio Villaseñor Panganiban Jr. (born December 7, 1936) is a Filipino jurist. He served as the 21st Supreme Court Chief Justice of the Philippines from 2005 to 2006. Early life and education Panganiban was born on December 7, 1936, in Mani ...
stated: "I am saddened that Justice Ma. Alicia Austria-Martinez has opted to retire early from the Supreme Court due to 'health reasons.' She is not bedridden. Neither is she physically or mentally incapacitated, but she has chosen to retire on April 30, 2009 because she felt she could no longer cope with the heavy caseload." The 1987 Constitution of the Philippines provides that: "Section 11, Article VIII. The Members of the Supreme Court xxx shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office


Family

Born as Ma. Alicia Austria in Manila on December 19, 1940, Justice Austria-Martinez was introduced early to the intricacies of the law. Both her parents were lawyers. Her father, Retired Colonel Benjamin A. Austria, served in the Philippine Air Force while her mother, Remedios M. Austria, was a Doctor of Civil Law and served as a consultant in the Graduate School of the University of Santo Tomas (UST). Justice Austria-Martinez is the widow of Atty. Daniel T. Martinez who once served as the Clerk of Court of the Supreme Court. Justice Austria-Martinez has two sons, Michael and Bryan. Source: SC Public Information Office


Other Work

Justice Austria-Martinez also served as dean of Adamson University College of Law from 2012 to 2015.


Some notable opinions


''Macalintal v. COMELEC (2003)''
— ''on
constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of the Overseas Absentee Voting Act''
''Tecson v. COMELEC (2004) - Separate Opinion''
— ''on the nationality of presidential candidate
Fernando Poe Jr. Ronald Allan Kelley Poe (August 20, 1939 – December 14, 2004), known professionally as Fernando Poe Jr., and often referred to by his initials FPJ, was a Filipino actor, film director, producer, screenwriter, and politician. His long and s ...
''
''Honasan v. Panel of Investigators (2004)''
— ''on authority of the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
to conduct preliminary investigations on a Senator charged with the crime of coup d'état.''
''Freedom from Debt Coalition v. MERALCO (2004) - Concurring and Dissenting''
— ''on the requisite of notice prior to approval of electricity rate increases.''

— ''on the power grant of provisional authorities by the government to operate
telecommunications Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that fe ...
services.''
''People v. Tomaquin (2004)''
— ''on admissibility in evidence of extrajudicial
confession A confession is a statement – made by a person or by a group of persons – acknowledging some personal fact that the person (or the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information th ...
executed with assistance of a
barangay A barangay (; abbreviated as Brgy. or Bgy.), historically referred to as barrio (abbreviated as Bo.), is the smallest administrative division in the Philippines and is the native Filipino term for a village, district, or ward. In metropolita ...
captain/lawyer.''
''Olivares v. Marquez (2004)''
— ''on procedure for challenging municipal tax assessments.''

— ''on admissibility in evidence of confidential birth records''
''ABAKADA v. Ermita (2005)''
— ''on
constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of 2005 Expanded Value Added Tax Law''


References


External links


Justice Alicia Austria-Martinez (Official Supreme Court Webpage)
{{DEFAULTSORT:Austria-Martinez, Alicia 1940 births Living people Harvard Law School alumni 20th-century Filipino judges 21st-century Filipino judges People from Manila Associate Justices of the Supreme Court of the Philippines University of the Philippines alumni Justices of the Court of Appeals of the Philippines Filipino women judges Presiding Justices of the Court of Appeals of the Philippines 21st-century women judges 20th-century women judges