Abraham Sarmiento

Infobox Philippine Supreme Court Associate Justice|small

name=Abraham Sarmiento, Sr.
order=
term start= January 26, 1987
term end= October 7, 1991
predecessor= Vicente Abad Santos
successor= Flerida Ruth Romero
appointer=Corazon Aquino
date of birth= Birth date and age|1921|10|8|mf=y
place of birth=Santa Cruz, Ilocos Sur, Philippines
date of death=
place of death=

Abraham F. Sarmiento, Sr. (born October 8, 1921) is a Filipino jurist who served as an Associate Justice of the Supreme Court of the Philippines from 1987 to 1991. An active figure in the political opposition against the martial law government of President Ferdinand Marcos, he was appointed to the Court by Marcos' successor, President Corazon Aquino.

Early life and education

Sarmiento was born in Santa Cruz, Ilocos Sur. He completed his primary and secondary education in Laoag City, Ilocos Norte, graduating as the valedictorian of his high school class. Upon the Japanese invasion of the Philippines during World War II, Sarmiento joined the USAFFE and the underground guerilla resistance against the Imperial Japanese Army.

After the war, Sarmiento completed his law studies at the University of the Philippines College of Law. He was a member of the Alpha Phi Beta fraternity. Sarmiento earned his Bachelor of Laws degree in 1949. In that year, he authored a biography on the murdered Chief Justice of the Philippine Supreme Court, Jose Abad Santos, entitled "Jose Abad Santos: An Apotheosis".cite book| title=The Supreme Court of the Philippines (1987 Informational Brochure, 2nd ed.) |author=Supreme Court of the Philippines |location=Manila |date=1987 |pages=17 ]

Professional career

Upon his admission to the Philippine Bar, Sarmiento entered into private practice. In the 1950s, he formed a law partnership with Senators Gerardo Roxas and Justiniano Montano, maintaining his partnership with Roxas until 1967, when he established the Abraham F. Sarmiento Law Office.

Sarmiento successfully ran for a seat to the 1971 Constitutional Convention as a delegate from Cavite. He was elected Vice-President of the Convention, which was tasked with the drafting of a new Constitution.

Martial law years

President Ferdinand Marcos declared martial law in September of 1972. During this time, Sarmiento’s eldest son, Ditto, was a student at the University of the Philippines. Ditto became the editor-in-chief of the official university newspaper, the "Philippine Collegian", and under his leadership, the paper began publishing editorials critical of Marcos and martial law. When Ditto was arrested in 1976, Sarmiento spent months negotiating with government officials to obtain his son’s release. Ditto was released after seven months, but died within a year after his health was aggravated by the conditions of his imprisonment. [cite book |title=Living and Dying: In Memory of 11 Ateneo de Manila Martial Law Activists |last=Montiel |first=Cristina Jayme |year=2007 |publisher=Ateneo de Manila University Press |location=Quezon City |isbn=978-971-550-508-6 |pages=96-100 ]

After the death of his son, Sarmiento was visibly active in human rights and anti-Marcos groups. He co-founded the National Union for Democracy and Freedom, the Philippine Organization for Human Rights, and the National Union for Liberation. He was among the founders of the United Nationalists Democratic Organizations (UNIDO), and served as its secretary-general from 1981 to 1983. From 1985 to 1987, Sarmiento served as the Chief Legal Counsel and Member of the Governing Council of the Lakas ng Bayan (LABAN).cite web |title=Associate Justice Abraham F. Sarmiento - Memorabilia Room|url=http://elibrary.supremecourt.gov.ph/index3.php?justicetype=Associate%20Justice&justiceid=a45475a11ec72b843d74959b60fd7bd64564dff87d31a |work=Supreme Court E-Library |publisher=Supreme Court of the Philippines |accessdate=2008-04-29 ] It would be under the auspices of UNIDO and LABAN that Corazon Aquino and Salvador Laurel would form their presidential ticket that challenged Marcos in the 1986 presidential elections. Sarmiento was also a member of the Executive Committee and National Council of the Bagong Alyansang Makabayan (BAYAN) from 1985 to 1987.

In 1979, Sarmiento co-authored a book, "The Road Back to Democracy", with former Philippine President Diosdado Macapagal and three others. Later that year, he and Manuel Concordia published a book, "Ang Demokrasya sa Pilipinas", which led to their arrest on charges of subversion and inciting to sedition. They were later placed under house arrest.

Appointment to the Supreme Court

Upon the assumption to the presidency of Corazon Aquino, following the 1986 People Power Revolution, Sarmiento was appointed to the Board of Directors of San Miguel Corporation, which was then under government sequestration. In January of 1987, President Aquino appointed Sarmiento as an Associate Justice of the Philippine Supreme Court. He would serve on the High Court until he reached the compulsory retirement age of 70 in 1991.

During his stint on the Court, Sarmiento held staunch civil libertarian views. In "People v. Nazario", 165 SCRA 186, the Court through Sarmiento acknowledged the void for vagueness rule as able to invalidate criminal statutes. [ [http://www.lawphil.net/judjuris/juri1988/aug1988/gr_l_44143_1988.html "People v. Nazario", at "The Lawphil Project: Arellano Law Foundation" (Last visited, 2008-04-30)] ] In "Pita v. Court of Appeals", G.R. No. 80806, 5 October 1989, 163 SCRA 386, he wrote for the Court that any restraint on the publication of purportedly obscene materials must satisfy the clear and present danger test. [ [http://www.lawphil.net/judjuris/juri1989/oct1989/gr_80806_1989.html "Pita v. Court of Appeals", at "The Lawphil Project: Arellano Law Foundation" (Last visited, 2008-04-30)] ] In "Salaw v. NLRC", G.R. No. 90786, 27 September 1991, 202 SCRA 7, Sarmiento's opinion for the Court held that the dismissal of an employee in the private sector must be attended with procedural due process [ [http://www.lawphil.net/judjuris/juri1991/sep1991/gr_90786_1991.html "Salaw v. NLRC", at "The Lawphil Project: Arellano Law Foundation" (Last visited, 2008-04-30)] ] , a ruling which has since been reversed by the Court. At the same time, in "PASE v. Drilon", G.R. No. L-81958, 30 June 1988, 178 SCRA 362, Sarmiento's opinion for the Court upheld as a valid police power measure, the Philippine government's right to temporarily ban the deployment abroad of Filipino domestics and household workers. [ [http://www.lawphil.net/judjuris/juri1988/jun1988/gr_81958_1988.html "Philippine Association of Service Exporters v. Drilon", at "The Lawphil Project: Arellano Law Foundation" (Last visited, 2008-04-30)] ]

At the same time, Sarmiento dissented from the majority in some high-profile cases. In "Marcos v. Manglapus", 178 SCRA 760, Sarmiento dissented from the majority which affirmed President Aquino's ban on the re-entry to the Philippines of Ferdinand Marcos. [ [http://www.lawphil.net/judjuris/juri1989/sep1989/gr_88211_1989.html "Marcos v. Manglapus", at "The Lawphil Project: Arellano Law Foundation" (Last visited, 2008-04-30)] ] In "Umil v. Ramos", 187 SCRA 311, Sarmiento published a strongly-worded dissenting opinion to the majority opinion, which had held that there was no need to procure an arrest warrant to detain persons charged with the crimes of rebellion or subversion. Sarmiento invoked the diminution of civil liberties during the Marcos administration, writing:

The apprehensions in question chronicle in my mind the increasing pattern of arrests and detention in the country without the sanction of a judicial decree. Four years ago at "EDSA", and many years before it, although with much fewer of us, we valiantly challenged a dictator and all the evils his regime had stood for: repression of civil liberties and trampling on of human rights. We set up a popular government, restored its honored institutions, and crafted a democratic constitution that rests on the guideposts of peace and freedom. I feel that with this Court's ruling, we have frittered away, by a stroke of the pen, what we had so painstakingly built in four years of democracy, and almost twenty years of struggle against tyranny. [ [http://www.lawphil.net/judjuris/juri1990/jul1990/gr_81567_1990.html "Umil v. Ramos", at "The Lawphil Project: Arellano Law Foundation" (Last visited, 2008-04-30)] ]

Later years

Since 2002, Sarmiento has served as a member of the Board of Regents of the University of the Philippines. [cite web |title=New Members of the Board of Regents |url=http://www.up.edu.ph/oldforum/2002/Mar02/officials.html |work=UP Forum Online |publisher=University of the Philippines |date-2002-04-17 |accessdate=2008-04-29 ] In 2004, he was among the candidates for appointment as President of the University of the Philippines. [cite news |author=Max Soliven |title=Not Enough |url=http://www.newsflash.org/2004/02/ht/ht004650.htm |work=By The Way |publisher=Philippine Star & Philippine Headline News Online |date=2004-10-07 |accessdate=2008-04-29 ]

ee also

*Abraham Sarmiento, Jr.

References

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Notes