Irene Cortes
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Irene Rian Cortes (October 20, 1921 – October 28, 1996) was 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 and a law
academician An academician is a full member of an artistic, literary, engineering, or scientific academy. In many countries, it is an honorific title used to denote a full member of an academy that has a strong influence on national scientific life. In syst ...
. She was also the first female
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of the
University of the Philippines College of Law The University of the Philippines College of Law (often referred to as UP Law) is the law school of the University of the Philippines Diliman. Formally established in 1911 in UP Manila, it is the third oldest continually-operating law school ...
. Cortes was the third woman to be appointed to the Supreme Court of the Philippines after
Cecilia Muñoz-Palma Cecilia Muñoz-Palma (November 22, 1913 – January 2, 2006) was a Filipino jurist and the first woman appointed to the Supreme Court of the Philippines. She was appointed to the Supreme Court by President Ferdinand Marcos on October 29, 1973, a ...
and
Ameurfina Melencio-Herrera Ameurfina Melencio-Herrera (born Ameurfina Aguinaldo Melencio; 11 May 1922 – 12 October 2020) was a Filipino lawyer who served as an Associate Justice of the Philippine Supreme Court from 1979 to 1992. She was the second woman appointed to the ...
.


Professor and Dean

Cortes was born in
Legazpi City Legazpi, officially the City of Legazpi ( bcl, Siyudad nin Legazpi; fil, Lungsod ng Legazpi), is a 1st class component city and capital of the province of Albay, Philippines. According to the 2020 census, it has a population of 209,533. Legazpi ...
, where she completed her intermediate studies. She studied law in the
University of the Philippines College of Law The University of the Philippines College of Law (often referred to as UP Law) is the law school of the University of the Philippines Diliman. Formally established in 1911 in UP Manila, it is the third oldest continually-operating law school ...
, where she obtained her law degree in 1948. She then pursued graduate studies in the
University of Michigan , mottoeng = "Arts, Knowledge, Truth" , former_names = Catholepistemiad, or University of Michigania (1817–1821) , budget = $10.3 billion (2021) , endowment = $17 billion (2021)As o ...
, obtaining from that university her masteral and doctoral degrees in law. Upon her return to the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
, Cortes joined the faculty of the U.P. College of Law, with which she would be associated for the rest of her life. She established herself as an expert in
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), ad ...
, among other fields. In 1970, following the appointment of Dean
Vicente Abad Santos Vicente Abad Santos (: 12 July 1916 – 30 December 1993) was a Filipino who served as an Associate Justice of the Supreme Court of the Philippines. Profile Abad Santos was born in San Fernando, Pampanga, a city in Central Luzon to a single mot ...
as Secretary of Justice, Cortes was named as Dean of the U.P. College of Law, the first woman named to that position. She would serve as Dean until 1978. During the 1970s, Cortes was also active in the Integrated Bar of the Philippines, chairing its Committee on Professional Responsibility, Discipline and Disbarment from 1977 to 1984.


Supreme Court Justice

Cortes was named
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 on February 1, 1987, 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 ...
Corazon Aquino. Cortes was the third woman named to the Court, following
Cecilia Muñoz-Palma Cecilia Muñoz-Palma (November 22, 1913 – January 2, 2006) was a Filipino jurist and the first woman appointed to the Supreme Court of the Philippines. She was appointed to the Supreme Court by President Ferdinand Marcos on October 29, 1973, a ...
and
Ameurfina Melencio-Herrera Ameurfina Melencio-Herrera (born Ameurfina Aguinaldo Melencio; 11 May 1922 – 12 October 2020) was a Filipino lawyer who served as an Associate Justice of the Philippine Supreme Court from 1979 to 1992. She was the second woman appointed to the ...
. She served on the Court until she retired in 1990. Despite her relatively brief stint on the Court, Cortes made considerable contributions to jurisprudence. Her opinion for the Court i
''Valmonte v. Belmonte (1989)''
set forth the parameters for the constitutional
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, as guaranteed under Article III, Sec. 7 of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
. More controversial was her majority opinion i
''Marcos v. Manglapus (1989)''
which carried a sharply divided 8-7 Court. Reflecting views she had previously published before she was appointed to the Court, Cortes wrote that the
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 ...
possessed "residual unstated powers" beyond those granted by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
"to protect the
general welfare In philosophy, economics, and political science, the common good (also commonwealth, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by ...
"; and that the exercise of these powers justified the presidential ban against the return to the Philippines of the deposed Ferdinand Marcos. These views on "residual powers", similar to those expressed by U.S.
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 ...
Robert H. Jackson in his concurring opinion in '' Youngstown Sheet & Tube Co. v. Sawyer'', 343 U.S. 579 (1952), remain the subject of academic debate.


Retirement and death

Cortes resumed teaching at the University of the Philippines after her retirement from the Court. She was the first female Supreme Court Justice to die, on October 28, 1996.


References

{{DEFAULTSORT:Cortes, Irene 1921 births 1996 deaths Associate Justices of the Supreme Court of the Philippines Bicolano people Centro Escolar University alumni Filipino educators Filipino women judges 20th-century Filipino judges People from Legazpi, Albay University of Michigan Law School alumni University of the Philippines alumni 20th-century women judges