Ratification Cases
Encyclopedia
Ratification Cases, officially titled as Javellana v. Executive Secretary (G.R. No. L-36142, March 31, 1973; 50 SCRA 30) was a case decided by the Philippine Supreme Court
in 1973, said decision becoming the legal basis for the 1973 Philippine Constitution
to be of full force and effect, and paving the way for the extension of the term of President Ferdinand Marcos
and rule by absolute force and decree until his ouster by the People Power Revolution in 1986. The said decision also became the cornerstone of subsequent decisions whenever the question of the validity of the 1973 Constitution is put into question.
on September 21, 1972. Upon its declaration, Congress
was padlocked, and full legislative authority was vested upon Marcos via rule of decree. Many prominent members of the opposition, notably Benigno Aquino, Jr.
and Jose W. Diokno
, among others, was arrested and placed in military stockades.
It was also during that time that the proceedings of the 1971 Constitutional Convention were still continuing despite the declaration of martial law. Eventually, on November 29, 1972, the Convention approved the new constitution. The next day, Marcos issued Presidential Decree 73, "submitting to the Filipino people for ratification or rejection the Constitution of the Republic of the Philippines proposed by the 1971 Constitutional Convention, and appropriating funds therefore," as well as setting the plebiscite for said ratification or rejection of the Proposed Constitution on January 15, 1973. At this instance, Charito Planas (a staunch critic and later vice-mayor of Quezon City
) filed a case (known as the Plebiscite Cases, Planas v. COMELEC (1973)) before with the Supreme Court calling the stop the proposed ratification upon the grounds, among others, that the Presidential Decree "has no force and effect as law because the calling... of such plebiscite, the setting of guidelines for the conduct of the same, the prescription of the ballots to be used and the question to be answered by the voters, and the appropriation of public funds for the purpose, are, by the Constitution, lodged exclusively in Congress..." and "there is no proper submission to the people there being no freedom of speech, press and assembly, and there being no sufficient time to inform the people of the contents thereof."
On January 15, 1973, while the Plebiscite Cases were being heard in the Supreme Court, the president signed Proclamation 1102, which states that the 1973 Constitution was supposedly "ratified by an overwhelming majority of all the votes cast by the members of all the Barangay
s (Citizens Assemblies) throughout the Philippines..."
By virtue of the said decree, the Supreme Court dismissed the case for being moot and academic, without prejudice to the filing of a case questioning the validity of Proclamation 1102. Thus, the Ratification cases came into being for the purpose of questioning such Proclamation.
, Manuel Crudo, Antonio U. Miranda, Emilio de Peralta and Lorenzo M. Tañada on January 23, 1973; on February 3, 1973, by Eddie Monteclaro, (as President of the National Press Club of the Philippines); and on February 12, 1973, by Napoleon V. Dilag, Alfredo Salapantan, Jr., Leonardo Asodisen, Jr. and Raul M. Gonzalez
. Likewise, on January 23, 1973, several senators
filed a case against the Executive Secretary, as well as Senate President Gil J. Puyat
and Senate President Pro Tempore Jose Roy, alleging that Congress must still hold session, and that they are being prevented to do so by agents of the Government, invoking Proclamation 1102, and that said Proclamation has a shadow of doubt as to its validity.
The lawyers representing the petitioners included Ramon A. Gonzales, Lorenzo Tañada
, Jovito Salonga
, Sedfrey Ordoñez, Francisco ’Soc’ Rodrigo, Pablo Sanidad, Joker Arroyo
and Rogelio B. Padilla, and Raul M. Gonzalez.
Solicitor General Estelito P. Mendoza, Solicitor Vicente V. Mendoza and Solicitor Reynato S. Puno represented the government, as well as Arturo Tolentino
for Gil J. Puyat and Jose Roy.
Morning and afternoon hearings were held by the Supreme Court from February 12–16, 1973. During the deliberations, former Senator Lorenzo Tañada occasionally rebuked the justices. After the deliberations, the parties were allowed to submit their notes and other arguments.
, and Associate Justices Querube Makalintal
, Calixto Zaldivar
, Fred Ruiz Castro
, Enrique Fernando
, Claudio Teehankee, Antonio Barredo, Felix Makasiar
, Felix Antonio and Salvador Esguerra. Of the members of the court, Concepcion, Makalintal and Zaldivar were the justices not initially appointed by Marcos, Concepcion being appointed in 1954 (he was later appointed Chief Justice in 1966), Makalintal in 1962 and Zaldivar in 1964.
The decision of the Plebiscite Cases by the court showed the diverse opinions placed individually by the members of the court. It turned out that the said case would be a precursor to the decision of the Ratification Cases.
, similarly in the Plebiscite Cases, wrote the decision. In the said decision, he wrote the summary of facts, then his own dissenting opinion of the case (which he said that the 1973 Constitution has not been properly ratified according to law), then proceeded to make the summary of votes by the members of the court.
The issues raised would be as follows:
The court was severely divided on the following issues raised in the petition: but when the crucial question of whether the petitioners are entitled to relief, six members of the court (Justices Makalintal, Castro, Barredo, Makasiar, Antonio and Esguerra) voted to dismiss the petition. Concepcion, together Justices Zaldivar, Fernando and Teehankee, voted to grant the relief being sought, thus upholding the 1973 Constitution and made legitimate the rule of Marcos.
and Fred Ruiz Castro
voted to dismiss the petitions. Makalintal and Castro, in a joint opinion, justified their non-granting of relief on the basis of a case in relation to Luther v. Borden
(48 U.S. (7 Harv.) 1; 12 L.Ed. 581, 1849). It said that the inquiry was indeed a political determination and not a judicial one.
It was speculated that the two Justices, being next in line for the position of Chief Justice, voted as such so as not to lose favor with Marcos. Such speculation was seen as Makalintal was subsequently appointed Speaker of the Interim Batasang Pambansa, and Castro evidently showing his support of the Marcos regime through his court decisions and public statements.
The last sentence of the decision contained the following last words:
"This being the vote of the majority, there is no further judicial obstacle to the new Constitution being considered in force and effect"
It is disputed as to whether or not Concepcion placed the said sentence intentionally, or that someone intercalated the said words after he signed the decision.
Chief Justice Concepcion took leave 18 days after the decision became public (50 days from his scheduled retirement) supposedly because he was disappointed on the outcome of the decision. He would later become a member of the Constitutional commission that drafted the 1987 Philippine Constitution, Drawing from his experiences in the martial law years, he introduced several new innovations designed to assure the independence of the Supreme Court, such as the Judicial and Bar Council and the express conferment on the Court the power to review any acts of government.
In The Conjugal Dictatorship of Ferdinand and Imelda Marcos, It was aptly observed by Primitivo Mijares in the Chapter "Spineless Judiciary: Legitimizing A Pretender" that, while the Ratification Cases was resolved in a matter of months, the other cases involving Marcos’ imprisoned critics were not decided until a year or two later. In fact, some of the critics withdraw their petitions, mostly for writ of habeas corpus, due to the lack of confidence that the Supreme Court would grant their relief.
Makalintal, when he became Chief Justice, also took a similar approach of Concepcion in deciding the case of the Habeas Corpus Cases
of Benigno Aquino, Jr.
(Aquino, Jr. v. Enrile (1973)) by summarizing the diverse votes of the members of the court. He explained the reason why there was no collegial opinion by the Court, among others, that the justices of the Supreme Court are conscious of "the future verdict of history".
At the time of Chief Justices Castro and Fernando, the Supreme Court, using the ‘legitimizing’ power, affirmed the legality of the Ratification Cases through several cases (see Sanidad v. COMELEC (1976) and Occena v. COMELEC (1981)).
Of the four justices who voted to grant relief, Concepcion and Calixto Zaldivar left the court due to retirement. Justices Teehankee, first identified with the regime, began to show his independence by consistently dissenting on several decisions made by the court. He was accompanied by Justice Cecilia Muñoz-Palma
, and later, by Vicente Abad Santos
, in such dissents. Fernando, though expected that he would be one to oppose the excesses of the Marcos’ regime, became its supporter. Fernando was later caught on camera holding an umbrella to First Lady Imelda Marcos
, an act many considered inappropriate for a Chief Justice.
It also shows that the Supreme Court are composed of human beings susceptible of error, in the words of Justice Isagani Cruz, "...is not an ivory tower occupied by demigods but not an infallible institution composed of persons slightly higher than their fellowmen, perhaps, but also showing their foibles and failings."
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...
in 1973, said decision becoming the legal basis for the 1973 Philippine Constitution
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"...
to be of full force and effect, and paving the way for the extension of the term of President Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...
and rule by absolute force and decree until his ouster by the People Power Revolution in 1986. The said decision also became the cornerstone of subsequent decisions whenever the question of the validity of the 1973 Constitution is put into question.
Factual Milieu
Marcos declared the Philippines under martial lawMartial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
on September 21, 1972. Upon its declaration, Congress
Congress of the Philippines
The Congress of the Philippines is the national legislature of the Republic of the Philippines. It is a bicameral body consisting of the Senate , and the House of Representatives although commonly in the Philippines the term congress refers to the latter.The Senate is composed of 24 senators half...
was padlocked, and full legislative authority was vested upon Marcos via rule of decree. Many prominent members of the opposition, notably Benigno Aquino, Jr.
Benigno Aquino, Jr.
Benigno Simeon "Ninoy" Aquino, Jr. was a Filipino Senator and a former Governor of Tarlac. Aquino, together with Gerry Roxas and Jovito Salonga, formed the leadership of the opposition to the Marcos regime in the years leading to the imposition of martial law in the Philippines...
and Jose W. Diokno
José Diokno
Jose "Pepe" Wright Diokno was a Filipino nationalist. He served as Senator of the Philippines, Secretary of Justice, founding chair of the Commission on Human Rights, and founder of the Free Legal Assistance Group....
, among others, was arrested and placed in military stockades.
It was also during that time that the proceedings of the 1971 Constitutional Convention were still continuing despite the declaration of martial law. Eventually, on November 29, 1972, the Convention approved the new constitution. The next day, Marcos issued Presidential Decree 73, "submitting to the Filipino people for ratification or rejection the Constitution of the Republic of the Philippines proposed by the 1971 Constitutional Convention, and appropriating funds therefore," as well as setting the plebiscite for said ratification or rejection of the Proposed Constitution on January 15, 1973. At this instance, Charito Planas (a staunch critic and later vice-mayor of Quezon City
Quezon 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...
) filed a case (known as the Plebiscite Cases, Planas v. COMELEC (1973)) before with the Supreme Court calling the stop the proposed ratification upon the grounds, among others, that the Presidential Decree "has no force and effect as law because the calling... of such plebiscite, the setting of guidelines for the conduct of the same, the prescription of the ballots to be used and the question to be answered by the voters, and the appropriation of public funds for the purpose, are, by the Constitution, lodged exclusively in Congress..." and "there is no proper submission to the people there being no freedom of speech, press and assembly, and there being no sufficient time to inform the people of the contents thereof."
On January 15, 1973, while the Plebiscite Cases were being heard in the Supreme Court, the president signed Proclamation 1102, which states that the 1973 Constitution was supposedly "ratified by an overwhelming majority of all the votes cast by the members of all the Barangay
Barangay
A barangay is the smallest administrative division in the Philippines and is the native Filipino term for a village, district or ward...
s (Citizens Assemblies) throughout the Philippines..."
By virtue of the said decree, the Supreme Court dismissed the case for being moot and academic, without prejudice to the filing of a case questioning the validity of Proclamation 1102. Thus, the Ratification cases came into being for the purpose of questioning such Proclamation.
The Parties
On January 20, 1973, Josue Javellana initially filed the case questioning the said Proclamation. Similar petitions followed suit, among others, by Vidal Tan, J. Antonio Araneta, Alejandro RocesAlejandro Roces
Alejandro Reyes Roces was a Filipino author, essayist, dramatist and a National Artist of the Philippines for literature...
, Manuel Crudo, Antonio U. Miranda, Emilio de Peralta and Lorenzo M. Tañada on January 23, 1973; on February 3, 1973, by Eddie Monteclaro, (as President of the National Press Club of the Philippines); and on February 12, 1973, by Napoleon V. Dilag, Alfredo Salapantan, Jr., Leonardo Asodisen, Jr. and Raul M. Gonzalez
Raul M. Gonzalez
Raúl Maravilla González, was the Chief Presidential Legal Counsel and was the Former Secretary of Justice of the Philippines. He was replaced by Agnes Devanadera in 2009 from the orders of Gloria Macapagal Arroyo.-External links:****...
. Likewise, on January 23, 1973, several senators
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
filed a case against the Executive Secretary, as well as Senate President Gil J. Puyat
Gil Puyat
Gil J. Puyat was a Filipino businessman and politician who served as a Senator of the Philippines from 1951, and as Senate President from 1967 to 1972.-Education:...
and Senate President Pro Tempore Jose Roy, alleging that Congress must still hold session, and that they are being prevented to do so by agents of the Government, invoking Proclamation 1102, and that said Proclamation has a shadow of doubt as to its validity.
The lawyers representing the petitioners included Ramon A. Gonzales, Lorenzo Tañada
Lorenzo Tañada
Lorenzo Martinez Tañada was a Filipino politician. Elected to the first Philippine Senate in 1947, he was the longest-serving senator in Philippine history. He served as a Philippine senator for 24 years.-Early life:...
, Jovito Salonga
Jovito Salonga
Jovito "Jovy" Reyes Salonga is a Filipino nationalist politician and lawyer, as well as a leading opposition leader during the Marcos regime from 1972, when Ferdinand Marcos declared martial law, until 1986, when Marcos was deposed as a result of a bloodless revolution...
, Sedfrey Ordoñez, Francisco ’Soc’ Rodrigo, Pablo Sanidad, Joker Arroyo
Joker Arroyo
Joker Paz Arroyo is a Filipino lawyer, politician and Senator of the Republic of the Philippines. He has no direct relation with former Presidential spouse Jose Miguel Arroyo.-Early life and career:...
and Rogelio B. Padilla, and Raul M. Gonzalez.
Solicitor General Estelito P. Mendoza, Solicitor Vicente V. Mendoza and Solicitor Reynato S. Puno represented the government, as well as Arturo Tolentino
Arturo Tolentino
Arturo Modesto Tolentino was a prominent political figure in the Philippines who briefly held the position of vice president in 1986. He is more well known as the father of the Philippine “archipelagic doctrine” and expert on the Law of the Sea.-Early career:Arturo M. Tolentino was born in Manila...
for Gil J. Puyat and Jose Roy.
Morning and afternoon hearings were held by the Supreme Court from February 12–16, 1973. During the deliberations, former Senator Lorenzo Tañada occasionally rebuked the justices. After the deliberations, the parties were allowed to submit their notes and other arguments.
The Composition of the Court
The Supreme Court at that time consisted of Chief Justice Roberto ConcepcionRoberto Concepcion
Roberto Concepción was the Chief Justice of the Philippines from June 17, 1966, until April 18, 1973. Apparently, he took a leave 50 days earlier from his scheduled mandatory retirement...
, and Associate Justices Querube Makalintal
Querube Makalintal
Querube C. Makalintal was the Chief Justice of the Philippines from Oct. 31, 1973 until December 22, 1975 and Speaker of the Interim Batasang Pambansa from June 12, 1978 to June 30, 1984.-Career:...
, Calixto Zaldivar
Calixto Zaldivar
Calixto O. Zaldivar. . Was Born in Pandan, Antique, Philippines. He graduated his law at the University of the Philippines and a third placer in the Bar Exam. He uniquely held positions in all branches of the government...
, Fred Ruiz Castro
Fred Ruiz Castro
Fred Ruiz Castro was the Chief Justice of the Philippines from January 5, 1976 until his death on April 19, 1979 while on an official trip to India.-Personal life:...
, Enrique Fernando
Enrique Fernando
Enrique M. Fernando was the 13th Chief Justice of the Supreme Court of the Philippines. A noted constitutionalist and law professor, he served in the Supreme Court for 18 years, including 6 years as Chief Justice....
, Claudio Teehankee, Antonio Barredo, Felix Makasiar
Felix Makasiar
Felix V. Makasiar was the 14th Chief Justice of the Philippines, serving in that capacity for four months in 1985. His 85-day stint as Chief Justice, abbreviated only because of the rule requiring mandatory retirement upon reaching the age of 70, was the second-shortest such tenure in Philippine...
, Felix Antonio and Salvador Esguerra. Of the members of the court, Concepcion, Makalintal and Zaldivar were the justices not initially appointed by Marcos, Concepcion being appointed in 1954 (he was later appointed Chief Justice in 1966), Makalintal in 1962 and Zaldivar in 1964.
The decision of the Plebiscite Cases by the court showed the diverse opinions placed individually by the members of the court. It turned out that the said case would be a precursor to the decision of the Ratification Cases.
The Decision
Chief Justice Roberto ConcepcionRoberto Concepcion
Roberto Concepción was the Chief Justice of the Philippines from June 17, 1966, until April 18, 1973. Apparently, he took a leave 50 days earlier from his scheduled mandatory retirement...
, similarly in the Plebiscite Cases, wrote the decision. In the said decision, he wrote the summary of facts, then his own dissenting opinion of the case (which he said that the 1973 Constitution has not been properly ratified according to law), then proceeded to make the summary of votes by the members of the court.
The issues raised would be as follows:
- Is the issue of the validity of Proclamation No. 1102 a (political) question?
- Has the 1973 Constitution been ratified validly?
- Has the aforementioned proposed Constitution been acquiesced in (with or without valid ratification) by the people?
- Are petitioners entitled to relief? And
- Is the aforementioned proposed Constitution in force?
The court was severely divided on the following issues raised in the petition: but when the crucial question of whether the petitioners are entitled to relief, six members of the court (Justices Makalintal, Castro, Barredo, Makasiar, Antonio and Esguerra) voted to dismiss the petition. Concepcion, together Justices Zaldivar, Fernando and Teehankee, voted to grant the relief being sought, thus upholding the 1973 Constitution and made legitimate the rule of Marcos.
Unusual Circumstances
In the issue of whether or not the 1973 Constitution has been ratified validly, six members of the court (the Chief Justice, and Justices Makalintal, Zaldivar, Castro, Fernando and Teehankee), answered that the said Constitution was not validly ratified. (Barredo’s opinion was equivocal in its nature according to Cruz, but Joaquin Bernas, in his book on the Constitution, annotates that his opinion would be counted as concurring with the six justices). But it is unusual that of those who said that the Constitution was not validly ratified, Querube MakalintalQuerube Makalintal
Querube C. Makalintal was the Chief Justice of the Philippines from Oct. 31, 1973 until December 22, 1975 and Speaker of the Interim Batasang Pambansa from June 12, 1978 to June 30, 1984.-Career:...
and Fred Ruiz Castro
Fred Ruiz Castro
Fred Ruiz Castro was the Chief Justice of the Philippines from January 5, 1976 until his death on April 19, 1979 while on an official trip to India.-Personal life:...
voted to dismiss the petitions. Makalintal and Castro, in a joint opinion, justified their non-granting of relief on the basis of a case in relation to Luther v. Borden
Luther v. Borden
Luther v. Borden, 48 U.S. 1 , was a case in which the Supreme Court of the United States established the political question doctrine in controversies arising under the Guarantee Clause of Article Four of the United States Constitution Luther v. Borden, 48 U.S. 1 (1849), was a case in which the...
(48 U.S. (7 Harv.) 1; 12 L.Ed. 581, 1849). It said that the inquiry was indeed a political determination and not a judicial one.
It was speculated that the two Justices, being next in line for the position of Chief Justice, voted as such so as not to lose favor with Marcos. Such speculation was seen as Makalintal was subsequently appointed Speaker of the Interim Batasang Pambansa, and Castro evidently showing his support of the Marcos regime through his court decisions and public statements.
The last sentence of the decision contained the following last words:
"This being the vote of the majority, there is no further judicial obstacle to the new Constitution being considered in force and effect"
It is disputed as to whether or not Concepcion placed the said sentence intentionally, or that someone intercalated the said words after he signed the decision.
Aftermath
The Ratification Cases erased any doubt as to the legality of the Marcos regime, thus he had absolute power as President of the Philippines until he was forced out of power in 1986. It also showed that his acts cannot be questioned, proof of such absolute power is shown by a rubber-stamp legislature and a Supreme Court, which virtually under his thumb, is there to affirm or consent any government act being questioned.Chief Justice Concepcion took leave 18 days after the decision became public (50 days from his scheduled retirement) supposedly because he was disappointed on the outcome of the decision. He would later become a member of the Constitutional commission that drafted the 1987 Philippine Constitution, Drawing from his experiences in the martial law years, he introduced several new innovations designed to assure the independence of the Supreme Court, such as the Judicial and Bar Council and the express conferment on the Court the power to review any acts of government.
In The Conjugal Dictatorship of Ferdinand and Imelda Marcos, It was aptly observed by Primitivo Mijares in the Chapter "Spineless Judiciary: Legitimizing A Pretender" that, while the Ratification Cases was resolved in a matter of months, the other cases involving Marcos’ imprisoned critics were not decided until a year or two later. In fact, some of the critics withdraw their petitions, mostly for writ of habeas corpus, due to the lack of confidence that the Supreme Court would grant their relief.
Makalintal, when he became Chief Justice, also took a similar approach of Concepcion in deciding the case of the Habeas Corpus Cases
Philippine Habeas Corpus Cases
Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, concerning the writ of habeas corpus.The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be...
of Benigno Aquino, Jr.
Benigno Aquino, Jr.
Benigno Simeon "Ninoy" Aquino, Jr. was a Filipino Senator and a former Governor of Tarlac. Aquino, together with Gerry Roxas and Jovito Salonga, formed the leadership of the opposition to the Marcos regime in the years leading to the imposition of martial law in the Philippines...
(Aquino, Jr. v. Enrile (1973)) by summarizing the diverse votes of the members of the court. He explained the reason why there was no collegial opinion by the Court, among others, that the justices of the Supreme Court are conscious of "the future verdict of history".
At the time of Chief Justices Castro and Fernando, the Supreme Court, using the ‘legitimizing’ power, affirmed the legality of the Ratification Cases through several cases (see Sanidad v. COMELEC (1976) and Occena v. COMELEC (1981)).
Of the four justices who voted to grant relief, Concepcion and Calixto Zaldivar left the court due to retirement. Justices Teehankee, first identified with the regime, began to show his independence by consistently dissenting on several decisions made by the court. He was accompanied by Justice Cecilia Muñoz-Palma
Cecilia Muñoz-Palma
Cecilia Muñoz-Palma was a Filipino jurist and the first woman appointed to the Supreme Court of the Philippines...
, and later, by Vicente Abad Santos
Vicente Abad Santos
Vicente Abad Santos was an Associate Justice of the Supreme Court of the Philippines.-Profile:He was born in San Fernando, in Pampanga province of central Luzon...
, in such dissents. Fernando, though expected that he would be one to oppose the excesses of the Marcos’ regime, became its supporter. Fernando was later caught on camera holding an umbrella to First Lady Imelda Marcos
Imelda Marcos
Imelda R. Marcos is a Filipino politician and widow of 10th Philippine President Ferdinand Marcos. Upon the ascension of her husband to political power, she held various positions to the government until 1986...
, an act many considered inappropriate for a Chief Justice.
Legacy
The decision in the Ratification Cases are still studied by students of Philippine Law with respect to the proper ratification and approval of a new Constitution. It also gave a lesson and reminder of the Marcos regime and its effects to the Filipino people.It also shows that the Supreme Court are composed of human beings susceptible of error, in the words of Justice Isagani Cruz, "...is not an ivory tower occupied by demigods but not an infallible institution composed of persons slightly higher than their fellowmen, perhaps, but also showing their foibles and failings."