Alicia Austria-Martinez
Encyclopedia
Ma. Alicia Austria-Martinez (born Ma. Alicia Austria, December 19, 1940, Manila
) is a Filipino jurist who served as an Associate Justice
of the Supreme Court of the Philippines
from 2002 to 2009. She was appointed to the Court by President
Gloria Macapagal-Arroyo
on April 12, 2002.
Her brief stint in the Office of the Insurance Commissioner was cut short when she became a legal researcher in the Court of First Instance of Rizal (October 1964 - July 1969), thus, starting her long and illustrious career in the judiciary. From being a researcher, she gradually worked her way up in the ladder of judicial hierarchy and, in the process, held various positions such as Attorney Researcher (July 1969 - December 1975), Senior Attorney (January 1976 - October 20, 1976), and eventually Division Clerk of Court of the Court of Appeals (October 21, 1976 - January 17, 1983).
On January 18, 1983, she was appointed as the Presiding Judge of the Regional Trial Court (Branch XXXVI) of Calamba, Laguna. On November 4, 1986, she became the Presiding Judge of the Regional Trial Court (Branch CLIX) of Pasig City. From 1990 to 1992, she concurrently held the position of Executive Judge of the Regional Trial Court of Pasig City. She also served in different capacities as an officer of the Philippines Judges’ Association and the Philippine Women Judges’ Association from 1987 to 1992.
On March 5, 1992, she went back to the Court of Appeals, this time as an Associate Justice. She served in this capacity until July 27, 2001, when she was appointed as the Presiding Justice of the Court of Appeals. However, her occupation of the Office of the Presiding Justice proved to be short-lived because on April 12, 2002 she was named Associate Justice of the High Tribunal.
Her curriculum vitae includes: Examiner in Commercial Law in the 1994 Bar Examinations and Examiner in Remedial Law in the 2000 Bar Examinations; member of the Supreme Court’s Committee on Formulation of Rules of Procedure in Family Courts which includes the drafting of the Rules on Examination of a Child Witness, on Domestic Adoption, on Commitment of Children, and on Annulment and Declaration of Nullity of Marriage; lecturer and resource person in various programs and seminars conducted under the auspices of the Supreme Court, the Philippine Judicial Academy and the U.P. Law Center.
Justice Austria-Martinez graduated from the University of the Philippines in 1962, earning the degree of Bachelor Laws (LLB). She passed the Bar Examinations given in 1962. She also obtained a Master’s degree in National Security Administration in 1980 from the National Defense College of the Philippines where she eventually became the Chairman of the Panel of Examiners for Oral Defense in 1987, 1988 and 1991. She also served as a member of the Board of Admission in the same College for the School Years 1991-1993. Justice Austria-Martinez also attended the 31st Program of Instruction for Lawyers held at the Harvard Law School in Cambridge, Massachusetts
in 1999.
thru Reynato Puno
, tendering her resignation effective April 30, 2009, or 15 months before her compulsory retirement on December 19, 2010. In the October 1 Judicial and Bar Council
's en banc
deliberations, Reynato Puno
ruled: “The court merely noted it. We don’t have to approve it... it is her right.” During the JBC hearing, a JBC member said "Austria-Martinez had wanted to retire earlier because of health reasons. We were told she had health problems even when she was in the CA.” Retired Chief Justice of the Philippines
Artemio Panganiban
stated: "I am saddened that Justice Ma. Alicia Austria-Martinez has opted to retire early from the Supreme Court due to 'health reasons.' She is not bedridden. Neither is she physically or mentally incapacitated, but she has chosen to retire on April 30, 2009 because she felt she could no longer cope with the heavy caseload." The 1987 Constitution of the Philippines
provides that: "Section 11, Article VIII. The Members of the Supreme Court xxx shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office."http://www.chanrobles.com/article8.htm
Source: SC Public Information Office
Manila
Manila is the capital of the Philippines. It is one of the sixteen cities forming Metro Manila.Manila is located on the eastern shores of Manila Bay and is bordered by Navotas and Caloocan to the north, Quezon City to the northeast, San Juan and Mandaluyong to the east, Makati on the southeast,...
) is a Filipino jurist who served as an Associate Justice
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
of the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
from 2002 to 2009. She was appointed to the Court by President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
on April 12, 2002.
Profile
Justice Austria-Martinez started working in the government as a clerk in the Office of the Insurance Commissioner (February 1962 - December 1962). Later, she became Legal Officer I in the same Office (January 1963 - October 1964).Her brief stint in the Office of the Insurance Commissioner was cut short when she became a legal researcher in the Court of First Instance of Rizal (October 1964 - July 1969), thus, starting her long and illustrious career in the judiciary. From being a researcher, she gradually worked her way up in the ladder of judicial hierarchy and, in the process, held various positions such as Attorney Researcher (July 1969 - December 1975), Senior Attorney (January 1976 - October 20, 1976), and eventually Division Clerk of Court of the Court of Appeals (October 21, 1976 - January 17, 1983).
On January 18, 1983, she was appointed as the Presiding Judge of the Regional Trial Court (Branch XXXVI) of Calamba, Laguna. On November 4, 1986, she became the Presiding Judge of the Regional Trial Court (Branch CLIX) of Pasig City. From 1990 to 1992, she concurrently held the position of Executive Judge of the Regional Trial Court of Pasig City. She also served in different capacities as an officer of the Philippines Judges’ Association and the Philippine Women Judges’ Association from 1987 to 1992.
On March 5, 1992, she went back to the Court of Appeals, this time as an Associate Justice. She served in this capacity until July 27, 2001, when she was appointed as the Presiding Justice of the Court of Appeals. However, her occupation of the Office of the Presiding Justice proved to be short-lived because on April 12, 2002 she was named Associate Justice of the High Tribunal.
Her curriculum vitae includes: Examiner in Commercial Law in the 1994 Bar Examinations and Examiner in Remedial Law in the 2000 Bar Examinations; member of the Supreme Court’s Committee on Formulation of Rules of Procedure in Family Courts which includes the drafting of the Rules on Examination of a Child Witness, on Domestic Adoption, on Commitment of Children, and on Annulment and Declaration of Nullity of Marriage; lecturer and resource person in various programs and seminars conducted under the auspices of the Supreme Court, the Philippine Judicial Academy and the U.P. Law Center.
Justice Austria-Martinez graduated from the University of the Philippines in 1962, earning the degree of Bachelor Laws (LLB). She passed the Bar Examinations given in 1962. She also obtained a Master’s degree in National Security Administration in 1980 from the National Defense College of the Philippines where she eventually became the Chairman of the Panel of Examiners for Oral Defense in 1987, 1988 and 1991. She also served as a member of the Board of Admission in the same College for the School Years 1991-1993. Justice Austria-Martinez also attended the 31st Program of Instruction for Lawyers held at the Harvard Law School in Cambridge, Massachusetts
Cambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...
in 1999.
Resignation
On September, 2008, Austria-Martinez, citing health reasons, filed a letter to the Supreme Court of the PhilippinesSupreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
thru Reynato Puno
Reynato Puno
Reynato Puno y Serrano was the 22nd Chief Justice of the Supreme Court of the Philippines. Appointed on December 8, 2006 by President Gloria Macapagal-Arroyo, he was the 22nd person to serve as Chief Justice...
, tendering her resignation effective April 30, 2009, or 15 months before her compulsory retirement on December 19, 2010. In the October 1 Judicial and Bar Council
Judicial and Bar Council
The Judicial and Bar Council of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.-Composition:...
's en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
deliberations, Reynato Puno
Reynato Puno
Reynato Puno y Serrano was the 22nd Chief Justice of the Supreme Court of the Philippines. Appointed on December 8, 2006 by President Gloria Macapagal-Arroyo, he was the 22nd person to serve as Chief Justice...
ruled: “The court merely noted it. We don’t have to approve it... it is her right.” During the JBC hearing, a JBC member said "Austria-Martinez had wanted to retire earlier because of health reasons. We were told she had health problems even when she was in the CA.” Retired Chief Justice of the Philippines
Chief Justice of the Philippines
The Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...
Artemio Panganiban
Artemio Panganiban
Artemio V. Panganiban , "The Renaissance Jurist of the 21st Century" was the 21st Supreme Court Chief Justice of the Philippines.-Early life and education:...
stated: "I am saddened that Justice Ma. Alicia Austria-Martinez has opted to retire early from the Supreme Court due to 'health reasons.' She is not bedridden. Neither is she physically or mentally incapacitated, but she has chosen to retire on April 30, 2009 because she felt she could no longer cope with the heavy caseload." The 1987 Constitution of the Philippines
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
provides that: "Section 11, Article VIII. The Members of the Supreme Court xxx shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office."http://www.chanrobles.com/article8.htm
Family
Born as Ma. Alicia Austria in Manila on December 19, 1940, Justice Austria-Martinez was introduced early to the intricacies of the law. Both her parents were lawyers. Her father, Retired Colonel Benjamin A. Austria, served in the Philippine Air Force while her mother, Remedios M. Austria, was a Doctor of Civil Law and served as a consultant in the Graduate School of the University of Santo Tomas (UST). Justice Austria-Martinez is the widow of Atty. Daniel T. Martinez who once served as the Clerk of Court of the Supreme Court. Justice Austria-Martinez has two sons, Michael and Bryan.Source: SC Public Information Office
Some notable opinions
- Macalintal v. COMELEC (2003) — on constitutionalityConstitutionalityConstitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the Overseas Absentee Voting Act - Tecson v. COMELEC (2004) - Separate Opinion — on the nationality of presidentialPresident of the PhilippinesThe President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
candidate Fernando Poe, Jr.Fernando Poe, Jr.Ronald Allan Poe y Kelley , better known as Fernando Poe, Jr. and colloquially known as FPJ and Da King, was a Filipino actor and cultural icon. From the 1950s, Poe played steadfast film heroes who fight for the common man, which won him respect and admiration... - Honasan v. Panel of Investigators (2004) — on authority of the Department of JusticeDepartment of Justice (Philippines)The Department of Justice , abbreviated as DOJ, is the executive department of the Philippine government responsible for upholding the rule of law in the Philippines...
to conduct preliminary investigations on a SenatorSenate of the PhilippinesThe Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
charged with the crime of coup d'état. - Freedom from Debt Coalition v. MERALCO (2004) - Concurring and Dissenting — on the requisite of notice prior to approval of electricity rate increases.
- ETPI v. ICC (2004) — on the power grant of provisional authorities by the government to operate telecommunications services.
- People v. Tomaquin (2004) — on admissibility in evidence of extrajudicial confessionConfession (legal)In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g...
executed with assistance of a barangayBarangayA barangay is the smallest administrative division in the Philippines and is the native Filipino term for a village, district or ward...
captain/lawyer. - Olivares v. Marquez (2004) — on procedure for challenging municipal tax assessments.
- Tolentino v. Mendoza (2004) — on admissibility in evidenceAdmissible evidenceAdmissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—in order to establish or to bolster a point put forth by a party to the proceeding...
of confidential birth records - ABAKADA v. Ermita (2005) — on constitutionalityConstitutionalityConstitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of 2005 Expanded Value Added Tax LawValue added taxA value added tax or value-added tax is a form of consumption tax. From the perspective of the buyer, it is a tax on the purchase price. From that of the seller, it is a tax only on the "value added" to a product, material or service, from an accounting point of view, by this stage of its...