Consuelo Ynares-Santiago
Encyclopedia
Consuelo Ynares-Santiago (born October 5, 1939) is an incumbent Associate Justice
of the Supreme Court of the Philippines
. She was appointed to the Court by President
Joseph Estrada
.
A product of the UP College of Law where she graduated in 1962, Justice Santiago started her career in the judiciary in 1973 when she was appointed Municipal Judge of Cainta, Rizal, a position she held for thirteen years. In November 1986, she was appointed Regional Trial Court Judge of Makati where she remained until her appointment to the Court of Appeals in 1990.
, where she was born on October 5, 1939, Justice Santiago received from that city in 1994 the Pambayang Gawad Palosebo, the highest municipal award given to outstanding citizens of Binangonan who have excelled in their professions and are role models for the youth.
), supervised the removal of one of her kidneys at the Philippine Kidney Center.
Macasaet alleged that the bribes were related to decisions on two cases before the judiciary, and that Cecilia was fired for having mistakenly opened them. Ynares-Santiago denied all the charges, and was supported in that denial by Delis. Delis said she never opened a box containing money intended for Ynares-Santiago, and that she had simply retired from her position. Others, including Senator Miriam Defensor Santiago (no relation) have suggested that the charges are unfounded and intended to smear Ynares-Santiago and the entire judiciary in the interest of influencing other cases. Many others in and out of the judiciary have come to Ynares-Santiago’s defense, calling her a “model of probity and integrity.
An investigation into the allegations was started in late 2007. But its efforts were complicated when two of the three members of the investigation (both retired justices) left the investigation in Nov 2007, citing personal issues. Macasaet was asked to reveal his sources by the investigation, and in August 2008 was convicted of contempt of court for refusing. He cited free speech and the right not to reveal a journalist’s source.
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...
. 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...
Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
.
Profile
Appointed on April 6, 1999, Justice Ynares-Santiago is the first female member of the Supreme Court who rose from the ranks, having begun her career as a Municipal Judge.A product of the UP College of Law where she graduated in 1962, Justice Santiago started her career in the judiciary in 1973 when she was appointed Municipal Judge of Cainta, Rizal, a position she held for thirteen years. In November 1986, she was appointed Regional Trial Court Judge of Makati where she remained until her appointment to the Court of Appeals in 1990.
Private life
A native of Binangonan, RizalBinangonan, Rizal
The Municipality of Binangonan is a first class urban municipality in the province of Rizal, Philippines. According to the 2007 census, it has a population of 238,931 inhabitants in 38,488 households in census. It has a land area of 64.38 km²....
, where she was born on October 5, 1939, Justice Santiago received from that city in 1994 the Pambayang Gawad Palosebo, the highest municipal award given to outstanding citizens of Binangonan who have excelled in their professions and are role models for the youth.
Family
Consuelo is the daughter of Casimiro Ynares, Sr, and Consolacion Y. Martin (both deceased). She was married to Atty. Francisco B. Santiago (founder of law firm, "FB Santiago, Nalus and Associates") until his death in July 1996 from a heart attack. Her daughter, Atty. Pura Angelica Y. Santiago is the managing partner of the Santiago, Cruz, and Sarte Law Offices. Her other children are Dr. Jonas Francisco, Regina Carmela and Jennylind Allison. Early in 2003, her son Dr. Jonas Santiago (of St. Luke's Hospital, Quezon CityQuezon City
Quezon City is the former capital and the most populous city in the Philippines. Located on the island of Luzon, Quezon City is one of the cities and municipalities that make up Metro Manila, the National Capital Region. The city was named after Manuel L...
), supervised the removal of one of her kidneys at the Philippine Kidney Center.
Bribery allegations
A still unresolved controversy over alleged bribery of Ynares-Santiago began in September 2007 when Amado “Jake” Macasaet wrote a story in his column for Malaya newspaper. He wrote that P10 million was delivered to a female supreme court justice and mistakenly opened by one of her staff members named Cecilia. There were five female supreme court justices at the time, but the circumstances (notably that she was the only one with a staff member named Cecilia—Daisy Cecilia Muñoz Delis) quickly made it clear that Ynares-Santiago was the target of Macasaet’s column.Macasaet alleged that the bribes were related to decisions on two cases before the judiciary, and that Cecilia was fired for having mistakenly opened them. Ynares-Santiago denied all the charges, and was supported in that denial by Delis. Delis said she never opened a box containing money intended for Ynares-Santiago, and that she had simply retired from her position. Others, including Senator Miriam Defensor Santiago (no relation) have suggested that the charges are unfounded and intended to smear Ynares-Santiago and the entire judiciary in the interest of influencing other cases. Many others in and out of the judiciary have come to Ynares-Santiago’s defense, calling her a “model of probity and integrity.
An investigation into the allegations was started in late 2007. But its efforts were complicated when two of the three members of the investigation (both retired justices) left the investigation in Nov 2007, citing personal issues. Macasaet was asked to reveal his sources by the investigation, and in August 2008 was convicted of contempt of court for refusing. He cited free speech and the right not to reveal a journalist’s source.
Some notable opinions
- Gamboa v. Aguirre (1999) — on right of a provincial Vice-Governor to preside over local council meetings while concurrently Acting Governor.
- Garcia v. Corona (1999) — on constitutionality of Oil Deregulation Law
- Estrada v. Desierto (2001) - Separate Opinion — on the validity of assumption to the presidency of Gloria Macapagal-ArroyoGloria Macapagal-ArroyoGloria 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...
- People v. Lacson (2003) - Dissenting Opinion — on reinstitution of criminal cases for murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
against SenatorSenate of the PhilippinesThe Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
Panfilo LacsonPanfilo LacsonPanfilo "Ping" Morena Lacson, Sr. is a Filipino politician. He was Director-General of the Philippine National Police from 1999 to 2001 and has been a member of the Philippine Senate since 2001.-Early life and education:... - People v. Genosa (2004) - Dissenting Opinion — on “battered women syndromeBattered woman defenceThe battered woman defense is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife...
" as a defense in trial for spousal parricideParricideParricide is defined as:*the act of murdering one's father , mother or other close relative, but usually not children ....
(joined by C.J. Davide, J. Sandoval-GutierrezAngelina Sandoval-GutierrezAngelina Sandoval-Gutierrez is a Filipino jurist who served as an Associate Justice of the Supreme Court of the Philippines from 2000 to 2008. She was the last appointment to the Court made by President Joseph Estrada.-Profile:...
and Austria-MartinezAlicia Austria-MartinezMa. Alicia Austria-Martinez is a Filipino jurist who served as an Associate Justice of the Supreme Court of the Philippines from 2002 to 2009...
).
- Tenebro v. CA (2004) — on whether the annulmentAnnulmentAnnulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
of the second marriage affects criminal liability for bigamyBigamyIn cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other... - People v. Mojello (2004) — on right of an accusedIndictmentAn indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
to an independent counselRight to counselRight to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
of his own choice - Agabon v. CA (2004) — on noticeNoticeNotice is the legal concept in which a party is made aware of a legal process affecting their rights, obligations or duties. There are several types of notice: public notice , actual notice, constructive notice, and implied notice....
requirement for dismissals of employees for "just causes" - In re: Habeas Corpus for Reynaldo de Villa (2004) — on propriety of writ of habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
as a means to collect DNADNADeoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
evidence from a detained prisoner - Ledesma v. CA (2005) - on authority of OmbudsmanPhilippine OmbudsmanThe Ombudsman of the Philippines is an ombudsman responsible for investigating and prosecuting Philippine government officials accused of crimes....
to dismiss local government officials - HENRY T. GO vs. 5th Div. Sandiganbayan - on RA 3019, Sec. 3(g) applies only to public officers.