Querube Cortinas Makalintal (December 22, 1910 – November 8, 2002) was the

Chief Justice of the Supreme Court of the Philippines The chief justice of the Philippines () presides over the Supreme Court of the Philippines, Supreme Court and is the highest judicial officer of the government of the Philippines. As of April 5, 2021, the position is currently held by Alexander ...

from 1973 to 1975 and Speaker of the

Interim Batasang Pambansa The Interim Batasang Pambansa ( English: Interim National Assembly) was the legislature of the Republic of the Philippines from its inauguration on June 12, 1978, to June 5, 1984. It served as a transitional legislative body mandated by the 1 ...

from 1978 to 1984.

Early life

Makalintal was born on December 22, 1910, in San Jose, Batangas. He was born to Ambrosio Makalintal and Rufina Cortinas. He finished his Associate in Arts and Bachelor of Law at the

University of the Philippines The University of the Philippines (UP; ) is a Higher education in the Philippines#State universities and colleges, state university system in the Philippines. It is the country's national university, as mandated by List of Philippine laws, Re ...

, where he was a member of the Upsilon Sigma Phi fraternity. He placed 7th in the 1933 Bar Examinations and 3rd in the 1934 Law Clerk Examinations by Civil Service.

Career

Makalintal was appointed

Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...

in 1952. He then served as Associate Justice and Presiding Justice of the

Court of Appeals An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellat ...

. On May 23, 1962, he was appointed Associate Justice of the Supreme Court by President

Diosdado Macapagal Diosdado Pangan Macapagal Sr. (; September 28, 1910 – April 21, 1997) was a Filipino lawyer, poet and politician who served as the 9th President of the Philippines, serving from 1961 to 1965, and the 5th Vice President of the Philippines, V ...

. On October 24, 1973, he was appointed Chief Justice of the Supreme Court under President

Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. (September 11, 1917 – September 28, 1989) was a Filipino lawyer, politician, dictator, and Kleptocracy, kleptocrat who served as the tenth president of the Philippines from 1965 to 1986. He ruled the c ...

. After reaching the compulsory retirement age of 65 under the 1973 Constitution, he served as Speaker of the

from 1978 to 1984.

Martial law years

Makalintal, together with Justice Fred Ruiz Castro, was the "swing vote" in the Ratification Cases which upheld the 1973 Constitution, which paved the way of extending Marcos' regime. When the question of whether the petitioners are entitled to relief, the two justices answered "No", thus upholding the 1973 Constitution and made legitimate the rule of Marcos and his power. In the cases denying Benigno Aquino Jr. of his privilege of the

writ of habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...

, the decision of the High Court was not a traditional sense of consensus on both the conclusions and the reasons for the conclusions. Makalintal, as Chief Justice, delivered the summary of votes, and explained the reason why there was no collegial opinion by the Court. He said, among others, that the justices of the Supreme Court are conscious of "the future verdict of history" upon their stand. Benigno Aquino Jr. warned of such verdict of history, as he aptly said, "Today, you are my judges. Tomorrow, history will judge you."

Death

Makalintal died on November 8, 2002, in Manila, Philippines. He was 91. He is survived by his children Eduardo, Maria Socorro, and Ambrosio.

References

* Aquino v. Enrile, G.R. No. L-35546, September 17, 1974. ''Supreme Court Reports Annotated'', Volume 59, pp. 183. Central Law Book Publishing, Manila * Bernas, Joaquin (2003). ''The 1987 Constitution of the Republic of the Philippines: a Commentary''. Rex Book Store, Manila * Cruz, Isagani A. (2000). ''Res Gestae: A Brief History of the Supreme Court''. Rex Book Store, Manila * Mijares, Primitivo(1976). ''The Conjugal Dictatorship of Ferdinand and Imelda Marcos'', Union Square Publications, San Francisco, U.S.A. {{DEFAULTSORT:Makalintal, Querube 1910 births 2002 deaths Chief justices of the Supreme Court of the Philippines Associate justices of the Supreme Court of the Philippines Solicitors general of the Philippines University of the Philippines alumni 20th-century Filipino judges Filipino educators Lawyers from Manila Kilusang Bagong Lipunan politicians Speakers of the House of Representatives of the Philippines Members of the House of Representatives of the Philippines from Metro Manila Magsaysay administration personnel Members of the Batasang Pambansa Justices of the Court of Appeals of the Philippines