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 ( 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 cu ...

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 1973 ...

from 1978 to 1984.

Early life

Makalintal was born on December 22, 1910, in

San Jose, Batangas San Jose, officially the Municipality of San Jose ( tgl, Bayan ng San Jose), is a 1st class municipality in the province of Batangas, Philippines. According to the 2020 census, it has a population of 79,868 people. The municipality is bounded ...

. 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; 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 20 ...

, where he was a member of the

Upsilon Sigma Phi The Upsilon Sigma Phi () is the oldest Greek-letter organization and fraternity in Asia. Founded in 1918, it is also the oldest student organization in continuous existence in the University of the Philippines. It has two chapters — a single ch ...

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

Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...

. 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 ninth president of the Philippines, serving from 1961 to 1965, and the sixth vice president, serving from 1 ...

. 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 politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...

. 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 Fred Ruiz Castro (September 2, 1914 – April 19, 1979) was the Chief Justice of the Supreme Court of the Philippines from January 5, 1976, until his death on April 19, 1979, while on an official trip to India. Personal life He was born to Dr. ...

, was the "swing vote" in the

Ratification Cases 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 ful ...

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. Benigno "Ninoy" Simeon Aquino Jr., (; November 27, 1932 – August 21, 1983) was a Filipino politician who served as a senator of the Philippines (1967–1972) and governor of the province of Tarlac. Aquino was the husband of Corazon Aqui ...

of his privilege of the

writ of habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

, 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.

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 People 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