Consuelo Ynares-Santiago
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| Consuelo Ynares-Santiago | |
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| Incumbent | |
| Assumed office April 6, 1999 |
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| Appointed by | Joseph Estrada |
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| Preceded by | Antonio M. Martinez |
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| Born | October 5, 1939 Binangonan, Rizal |
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.
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[edit] 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. Justice Santiago, during the Marcos regime, acquitted former Education Secretary Alejandro Roces on charges of the violation of the Election Code when he boycotted the April 7, 1981 plebiscite. As a Regional Trial Court Judge of Makati designated by the Supreme Court as Hearing Commissioner, she also recommended the opening of Banco Filipino.
[edit] Private life
A native of Binangonan, Rizal, 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.
Consuelo is the daughter of Casimiro Ynares, Sr, and Consolacion Y. Martin (both deceased). She is married to Atty. Francisco B. Santiago (founder of law firm, "FB Santiago, Nalus and Associates") who died of heart attack (Myocardial infarction) at Baguio City, on July 1996. Her daughter, Atty. Pura Angelica Y. Santiago is the managing partner of the Santiago, Cruz, and Sarte Law Offices. As corporate secretary (of PRIMEX, PJB Pacific Securities (Phils.), Manila Luxury Condominium Association, Champagne Edition Condominium Association, YS Properties, Inc., Nippon Credit, Inc. and others), she is the trustee or title holder of the vast Philippine/Ynares-Santiago family real estate empire.[1][2] [3] Her other children are Dr. Jonas Francisco, Regina Carmela and Jennylind Allison. On the first quarter of 2003, her son Dr. Jonas Santiago (St. Luke's Hospital, Quezon City), supervised the surgery removal of one of her kidneys at the Philippine Kidney Center.[4]
[edit] P 10 million bribery controversy
On September 24, 2007, Ynares-Santiago denied charges that she received P10-million (US $ 224,000) bribe money (as published by The Daily Tribune, Malaya newspaper's Amado Macasaet and Newsbreak, the previous week). Santiago declared: “At the outset, let me underscore that these are blatant lies clearly aimed at smearing and maligning my character and person, and the integrity of the Judiciary, which I have been faithfully serving for 34 years now.” Santiago asked Chief Justice Reynato Puno for an investigation. Macasaet’s column alleged that the P 10-million money was put in 1 of 5 gift boxes and left at the court's guardhouse. Santiago's staff Daisy Cecilia Muñoz Delis (niece of the late Associate Justice Cecilia Munoz-Palma) personally got and opened the package and delivered it to Ynares-Santiago. Delis was dismissed (but she denied, stating she resigned on March 15), gave Justice Santiago her affidavit and Macasaet's letter.[5] [6] [7]
Newsbreak online published that the payoff dealt with 2 lawsuits which Santiago decided: "HENRY T. GO vs. 5th Div. Sandiganbayan", G.R. No. 172602, SPECIAL THIRD DIVISION , September 3, 2007, [8][9] and the Maysilo estate. Supreme Court of the Philippines Reynato Puno was forced to include this bribery matter for deliberation (in the September 25 en banc session) based on petition of 4 other incumbent lady justices.[10] [11][12] [13] Senator Miriam Defensor-Santiago accused another Supreme Court of the Philippines justice of smear campaign against Consuelo Ynares-Santiago (to urge her to inhibit from a multi-billion peso 34-hectare Maysilo-Araneta University land case). Ynares-Santiago's decision awarded the land to Homer Barque, represented by counsel Felix Carao Jr. [14] The Court issued an indirect contempt indictment directing Macasaet to substantiate his published claims.[15]
[edit] A.M. No. 07-09-13-SC
In the promulgated resolution dated September 26, 2007, the court ruled: "Upon evaluation of the column ‘Business Circuit,’ of Amado Macasaet in the September 18, 19, 20, and 21, 2007 issues of Malaya, it appears that certain statements and innuendoes therein tend, directly or indirectly, to impede, obstruct, or degrade the administration of justice within the purview of Section 3(d), Rule 71 of the 1997 Rules of Civil Procedure." Macasaet was ordered "to shed light on his claim against Santiago because the accusations have degraded the high court, and to explain where he obtained his information that Santiago was allegedly offered a P10-million bribe." [16] [17] [18] [19]
On October 1, 2007, Macasaet filed a 28-page reply-explanation to the contempt charges. Macasaet stated that he wrote his column to call for an investigation and to preserve the integrity of the Court: "the investigation on his alleged liabilities is not only unsettling but signals a chilling effect on free speech; Yet, without that call (for an investigation), truth would be not exposed to the scalding light of public inquiry." [20]
On November 13, 2007, the Court accepted both the resignation and inhibition / disqualification of retired Supreme Court Justices Vicente V. Mendoza and Romeo J. Callejo, Sr., as members of the Investigating Committee, leaving Justice Carolina Grino-Aquino as lone member / Chair (as the trial was set for November 8 and 29). The Aquino team asked Macasaet to name his source on the alleged payoff, but the publisher refused and invoked Republic Act 1477 or “the right not to reveal a journalist’s source unless national security is at stake,” and further alleged that the Santiago case pertains to bribery, a criminal issue. Consuelo Ynares-Santiago allegedly made “enemies” in the High Court, starting with retired Chief Justice Artemio Panganiban, as a result of Macasaet’s allegation.[21][22]
(Source: SC Public Information Office)
[edit] 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-Arroyo
- People v. Lacson (2003) - Dissenting Opinion — on reinstitution of criminal cases for murder against Senator Panfilo Lacson
- People v. Genosa (2004) - Dissenting Opinion — on “battered women syndrome" as a defense in trial for spousal parricide (joined by C.J. Davide, J. Sandoval-Gutierrez and Austria-Martinez).
- Tenebro v. CA (2004) — on whether the annulment of the second marriage affects criminal liability for bigamy
- People v. Mojello (2004) — on right of an accused to an independent counsel of his own choice
- Agabon v. CA (2004) — on notice requirement for dismissals of employees for "just causes"
- In re: Habeas Corpus for Reynaldo de Villa (2004) — on propriety of writ of habeas corpus as a means to collect DNA evidence from a detained prisoner
- Ledesma v. CA (2005) - on authority of Ombudsman to dismiss local government officials
- HENRY T. GO vs. 5th Div. Sandiganbayan - on RA 3019, Sec. 3(g) applies only to public officers.
[edit] External links
- Justice Consuelo Ynares-Santiago (Official Supreme Court Webpage)
- Passion for Justice
- Database, Personal Information
[edit] References
- ^ berkley.com.ph, Atty. Miguel Nalus, A Lawyerful Life
- ^ Newsbreak, Book Excerpts, From the Academe to the Supreme Court, By Justice Jose C. Campos Jr.Inside the Secret World of the Judiciary (Pages 300 to 304), 18 January 2008
- ^ Profile, Pura Angelica Santiago
- ^ Profile, Justice Ynares-Santiago
- ^ Abs-Cbn Interactive, Payoff allegation hounds Supreme Court
- ^ High Court takes up reports linking member to payoff
- ^ Inquirer.net, SC to investigate bribery allegations vs one of its justices
- ^ Supremecourt.gov.ph, HENRY T. GO vs. 5th Div. Sandiganbayan, G.R. No. 172602
- ^ Inquirer.net, SC orders Sandiganbayan to drop criminal raps vs PIATCo head
- ^ High Court takes up reports linking member to payoff
- ^ Inquirer.net, SC to investigate bribery allegations vs one of its justices
- ^ ManilaStandardToday, Justices to probe bribe try on official
- ^ Inquirer.net, SC to look into P10-M ‘bribe’ to magistrate
- ^ Inquirer.net, SC justice behind smear campaign vs Santiago -- senator
- ^ ManilaStandardToday, Justices hale publisher on bribery story
- ^ Abs-Cbn Interactive, SC to Jake Macasaet: Explain write-up vs magistrate
- ^ Inquirer.net, SC asks publisher to explain allegation against justice
- ^ Malaya, SC threatens Malaya publisher with contempt over bribery report
- ^ Newsbreak, Supreme Court Justice Suspected of Accepting Payoff
- ^ GMA NEWS.TV, Malaya publisher defends self from possible contempt raps
- ^ Manila Times, Ex-justices resign from bribe probe
- ^ photobucket.com, Supreme Court Resolution, November 13, 1007
| Preceded by Antonio M. Martinez |
Associate Justice of the Supreme Court of the Philippines April 6, 1999–present |
Incumbent |
| The Puno Court |  |
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|---|---|---|
| Reynato S. Puno (2006-present) | ||
| March 17, 2008– present: | L. Quisumbing | C. Ynares-Santiago | A. Carpio | A. Austria-Martinez | R. Corona | C. Carpio-Morales | A. Azcuna | D. Tinga | M. Chico-Nazario | P. Velasco, Jr. | A. Nachura| R. Reyes | T. Leonardo-de Castro | A. Brion | |
