Calixto Oriola Zaldivar (September 13, 1904 – October 13, 1979) was a Filipino lawyer and politician who was a

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

Justice from 1964 to 1974 best known in Philippine history for being one of only four dissenting voices against the constitutionality of the Philippines' 1973 constitution in the 1973 case known as

Javellana v. Executive Secretary The Ratification Cases, officially titled as ''Javellana v. Executive Secretary'' (G.R. No. L-36142, March 31, 1973; 50 SCRA 30), was a 1973 Supreme Court of the Philippines case that allowed the 1973 Philippine Constitution to come into full ...

, despite pressure by the authoritarian government of Ferdinand Marcos to vote in the constitution's favor. He is honored by having his name inscribed on the wall of remembrance at the Philippines'

Bantayog ng mga Bayani The Bantayog ng mga Bayani (), sometimes simply referred to as the Bantayog, is a monument, museum, and historical research center in Quezon City, Philippines, which honors the martyrs and heroes of the struggle against the dictatorship of fo ...

, which honors "the heroes and martyrs who fought against the Marcos dictatorship."

Early life and education

Zaldivar was born in Pandan,

Antique An antique ( la, antiquus; 'old', 'ancient') is an item perceived as having value because of its aesthetic or historical significance, and often defined as at least 100 years old (or some other limit), although the term is often used loosely ...

to Pedro Telmo Gella Zaldivar, a former Justice of the Peace in Pandan and Manuela Palacios Ledesma of Culasi. But he later was adopted by his father's sister Salvacion and her husband Enrique Gella Oriola (who's also his father's cousin). According to his descendants, he retained his original surname then used the adoptive (Oriola) as his middle name, in honor of his foster parents. He graduated in law from the

University of the Philippines The University of the Philippines (UP; fil, Pamantasan ng Pilipinas Unibersidad ng Pilipinas) is a state university system in the Philippines. It is the country's national university, as mandated by Republic Act No. 9500 (UP Charter of 200 ...

in 1928 and was the third placer in that year's bar examination.

Career

Zaldivar's career in Philippine government was unusual in that he held positions in all branches of the government. In the

Legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

, he was elected as a municipal councilor of Pandan from 1928 to 1934 and served as a Representative of Antique from 1934 to 1941; in the

Executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems b ...

, as Governor of

from 1951 to 1955 and as assistant and then acting

Executive Secretary Secretary is a title often used in organizations to indicate a person having a certain amount of authority, power, or importance in the organization. Secretaries announce important events and communicate to the organization. The term is derived ...

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 f ...

Diosdado Macapagal Diosdado Pangan Macapagal Sr. (; September 28, 1910 – April 21, 1997) was a Filipino lawyer, poet and politician who served as the ninth president of the Philippines, serving from 1961 to 1965, and the sixth vice president, serving from ...

in 1964; and in the judiciary, as

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 ...

the Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions ...

from 1964 to 1974.

Dissenting opinion against Martial Law

Zaldivar, along with Chief Justice

Roberto Concepcion Roberto Reyes Concepcion (June 7, 1903 – May 3, 1987) was the Chief Justice of the Supreme Court of the Philippines from June 17, 1966 until April 18, 1973. He is remembered in the history of the Philippine Supreme Court for protecting the in ...

, were the dissenting voices during the deliberations on the issues arising out of the declaration of the

Martial Law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

and the validity of the 1973 Constitution. They argued that the 1973 Constitution was not in force and effect because it was not validly ratified by the Filipino people. Despite pressure to agree to a ruling which would legitimize the Martial law government of Ferdinand Marcos and his ideology of constitutional authoritarianism, Zaldivar and Concepcion persisted in their dissent. His positions as part of the Philippine Supreme court emphasized civil and political liberties at a time when their value were being questioned, and he was known for being a proponent of the

social sciences Social science is one of the branches of science, devoted to the study of society, societies and the Social relation, relationships among individuals within those societies. The term was formerly used to refer to the field of sociology, the o ...

, religion, law, government and statesmanship.

References

{{DEFAULTSORT:Zaldivar, Calixto 1904 births Karay-a people Members of the House of Representatives of the Philippines from Antique (province) Central Philippine University alumni University of the Philippines alumni 20th-century Filipino lawyers Governors of Antique (province) Associate Justices of the Supreme Court of the Philippines Members of the Philippine Legislature Members of the National Assembly of the Philippines Executive Secretaries of the Philippines Macapagal administration cabinet members Individuals honored at the Bantayog ng mga Bayani Judges and justices honored at the Bantayog ng mga Bayani Filipino Freemasons Marcos martial law victims Members of the Philippine Independent Church 1979 deaths