Querube Makalintal

Infobox Philippine Supreme Court Chief Justice
name=Querube C. Makalintal
order=11th
term start=October 31, 1973
term end= December 22, 1975
predecessor= Roberto Concepcion
successor=Fred Ruiz Castro
nominator=Ferdinand Marcos
date of birth= birth date|1910|12|22|mf=y
place of birth= Manila
date of death= death date and age|2002|11|8|1910|12|22|mf=y
place of death=

Querube C. Makalintal (December 22, 1910 - November 8, 2002) was the Chief Justice of the Philippines from Oct. 31, 1973 until December 22, 1975.

Career

Makalintal served as Solicitor General, before being appointed as associate justice by President Diosdado Macapagal in 1962.

After reaching the compulsory retirement age of 65 onder the 1973 Constitution, he served as Speaker of the Interim Batasang Pambansa.

The Martial Law Years

Makalintal, together with Justice Fred Ruiz Castro, was the ‘swing vote’ in the Ratification Cases which upheld the 1973 Constitution, which paved the way of extending Marcos’ regime. When the question of whether the petitioners are entitled to relief, the two justices answered ‘No’, thus upholding the 1973 Constitution and made legitimate the rule of Marcos and his power.

In the cases denying Benigno Aquino, Jr. of his privilege of the writ of habeas corpus, the decision of the High Court was not a traditional sense of consensus on both the conclusions and the reasons for the conclusions. Makalintal, as Chief Justice, delivered the summary of votes, and explained the reason why there was no collegial opinion by the Court. He said, among others, that the justices of the Supreme Court are conscious of "the future verdict of history" upon their stand.

It must be noted that Benigno Aquino, Jr. warned of such verdict of history, as he aptly said, "Today, you are my judges. Tomorrow, history will judge you."

References

* Aquino v. Enrile, G.R. No. L-35546, September 17, 1974. "Supreme Court Reports Annotated", Volume 59, pp.183. Central Law Book Publishing, Manila
* Bernas, Joaquin (2003). "The 1987 Constitution of the Republic of the Philippines: a Commentary". Rex Book Store, Manila
* Cruz, Isagani A. (2000). "Res Gestae: A Brief History of the Supreme Court". Rex Book Store, Manila
* Mijares, Primitivo(1976). "The Conjugal Dictatorship of Ferdinand and Imelda Marcos", Union Square Publications, San Francisco, U.S.A.