Samuel R. Martires
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Samuel Reyes Martires (; born January 2, 1949) is a Filipino lawyer serving as the
Ombudsman of the Philippines The Ombudsman of the Philippines, also known as Tanodbayan ng Pilipinas, is an ombudsman responsible for investigating and prosecuting Philippine government officials accused of crimes, especially graft and corruption. Functions Under the 1 ...
since 2018. He was an Associate Justice of the Supreme Court from 2017 to 2018.


Early life

Samuel Reyes Martires was born on January 2, 1949, in Palapag, Samar (now in
Northern Samar Northern Samar ( war, Amihanan Samar/Norte san Samar; tl, Hilagang Samar), officially the Province of Northern Samar, is a Provinces of the Philippines, province in the Philippines located in the Eastern Visayas Regions of the Philippines, regio ...
). His father died when he was five years old. When he was in high school, he wanted to become a priest; he sought permission from his mother to become a missionary but was denied. Some of his relatives were Catholic priests: two of his father's cousins were
Benedictines , image = Medalla San Benito.PNG , caption = Design on the obverse side of the Saint Benedict Medal , abbreviation = OSB , formation = , motto = (English: 'Pray and Work') , foun ...
while
Cardinal Cardinal or The Cardinal may refer to: Animals * Cardinal (bird) or Cardinalidae, a family of North and South American birds **''Cardinalis'', genus of cardinal in the family Cardinalidae **''Cardinalis cardinalis'', or northern cardinal, the ...
Julio Rosales, the Archbishop of Cebu, was a relative of his grandfather. According to Martires, he continued to dream of priesthood until he met his would-be wife Cecilia. Martires attended
Manuel L. Quezon University The Manuel L. Quezon University (MLQU) is a private, nonsectarian, coeducational basic and higher education institution in Diliman, Quezon City, Philippines. It is named after the second president of the Philippine Manuel L. Quezon. History ...
in Quezon City and graduated with a Bachelor of Arts in 1971. He then earned his Bachelor of Laws from San Beda College in 1975 and passed the bar exam the following year, becoming the first lawyer in his family. At San Beda, he became a brother of the Lex Talionis Fraternitas.


Judicial career

After qualifying as a lawyer, he worked as a legal officer for the Department of Public Works, Transportation and Communication until 1979. He then became an assistant department manager at the Ministry of Human Settlements until 1984. Martires was also involved in some small business ventures. After the
1986 People Power Revolution The People Power Revolution, also known as the EDSA Revolution or the February Revolution, was a series of popular Demonstration (people), demonstrations in the Philippines, mostly in Metro Manila, from February 22 to 25, 1986. There was a ...
, he received an offer to become a judge, which he declined, citing the low salary and their ill reputation of being corrupt. His mother, however, wanted him to join the judiciary. Beginning in 1987, he went into private practice as a litigator handling mostly
civil cases Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law r ...
. Martires enrolled in the Master of Laws program of the University of Santo Tomas but only earned 27 units.


Regional Trial Court

In June 1998, a month after his mother's death, he submitted his application to become a trial court judge. In July 2000, he became the presiding judge of the Regional Trial Court, Branch 32 of Agoo,
La Union La Union (), officially the Province of La Union ( ilo, Probinsia ti La Union; Kankanaey'': Probinsyan di La Union;'' Ibaloi'': Probinsya ne La Union;'' pag, Luyag/Probinsia na La Union; Tagalog'': Lalawigan ng La Union),'' is a province in th ...
. In 2002, Judge Caroline Pangan of the
Rosario, La Union Rosario, officially the Municipality of Rosario ( ilo, Ili ti Rosario; pag, Baley na Rosario; fil, Bayan ng Rosario), is a 1st class municipality in the province of La Union, Philippines. According to the 2020 census, it has a population of 60,2 ...
Municipal Trial Court filed an administrative complaint to 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 of ...
against Martires and fellow Agoo RTC judge Clifton U. Ganay. She accused the two judges of "gross ignorance of the law, incompetence, abuse of authority and dereliction of duty". Martires allegedly refused to issue a warrant of arrest for a murder suspect despite the presence of evidence and the urgings of the prosecution. The complaint was dismissed for lack of merit.


Supreme Court of the Philippines

President
Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
appointed him as associate justice of the Supreme Court of the Philippines on March 2, 2017. Prior to his appointment, he had served as associate justice of the Sandiganbayan from 2005 to 2017. On May 11, 2018, Martires was one of the eight justices who voted in favor of the '' quo warranto'' petition filed by Solicitor General Jose Calida against then-Chief Justice
Maria Lourdes Sereno Maria Lourdes "Meilou" Aranal Sereno (; born Maria Lourdes Punzalan Aranal; July 2, 1960) is a Filipina lawyer and judge who served as de facto chief justice of the Supreme Court of the Philippines from 2012 until her removal in 2018. Appoin ...
. In his
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 ...
decision acquitting two men of rape in 2018 (concurred by Associate Justices
Presbitero Velasco Jr. Presbitero Jose Velasco Jr. (born August 8, 1948) is the incumbent Governor of Marinduque and was a former Associate Justice of the Supreme Court of the Philippines. He was appointed to the Supreme Court by President Gloria Macapagal Arroyo on Ma ...
, Lucas Bersamin, Marvic Leonen, and Alexander Gesmundo), Martires rejected the application of the decades-long
María Clara doctrine The María Clara doctrine, also known as the Woman's Honor doctrine, is a legal doctrine applied by Philippine courts regarding cases that concern abuse against women. The doctrine is a presumption "that women, especially Filipinas, would not ad ...
in trial courts' decision of rape cases, saying that it "borders on the fallacy of '' non-sequitur''" and that doing so would put the accused "at an unfair disadvantage" and bring forth a "travesty of justice". Martires argued that the doctrine has become obsolete, as women over the years have become less reluctant to disclose sexual abuse committed against them.


Ombudsman of the Philippines

On July 26, 2018, he was appointed as the 6th
Ombudsman An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
by President
Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
, replacing then-outgoing Ombudsman Conchita Carpio-Morales. In 2019, media outlets reported that Martires' Statement of Assets, Liabilities and Net Worth (SALN) reflected an increase of PHP15 million over a 5-month period. To provide context, Ombudsman spent a cumulative of 17 years in the judiciary: as judge in the Regional Trial Court (Agoo, La Union), Justice of the Sandiganbayan (Anti-Graft Court) and Associate Justice of the Supreme Court of the Philippines. The said increase in the amount of his net worth in the SALN was on account of his retirement benefits. In fact, there are public records to substantiate this increase in his net worth. In September 2020, Martires issued a memorandum circular regarding the releasing of copies of the SALN of public officials. The said guidelines were criticized for adding more restrictions on who can acquire copies of the documents. Under the new guidelines, the people who can request copies of SALNs are the public officials who filed them or their representatives, a court as part of a case, and the Ombudsman's field investigators. The public, especially the media, are now required to present a notarized letter from the public official whose SALN they intend to see. The memorandum cited "The Code of Conduct for Public Officials" (Republic Act No. 6713), however, the aforementioned law allows journalists to obtain copies of officials' SALNs and report on them. He announced that his office will stop conducting lifestyle checks on public officials, reasoning that having a luxurious lifestyle does not prove that an official is corrupt. He also criticized lifestyle checks as "illogical" and "purely" based on estimates. He also claimed that the SALNs and lifestyle checks are used by the media and political rivals to "extort" government officials. In 2021, Martires proposed a bill to imprison or fine anyone reporting on a government official's statement of wealth. Congress Representative Carlos Zarate, lawyers, and journalists criticized the proposal, saying that it violates the Constitution and limits the freedom of the press and the public's right to hold public officials accountable for acts of corruption. Martires has suggested that the Office of the Ombudsman should be abolished, citing the lack of witnesses and their refusal to testify or file affidavits makes investigations more difficult and thus renders the office unnecessary. His predecessor Conchita Carpio-Morales criticized his proposal, arguing that it will "open floodgates to the commission of more corrupt activities."


References

, - {{DEFAULTSORT:Martires, Samuel R. 1949 births Living people Associate Justices of the Supreme Court of the Philippines Justices of the Sandiganbayan 20th-century Filipino lawyers San Beda University alumni Ombudsmen in the Philippines University of Santo Tomas alumni Duterte administration personnel 21st-century Filipino judges