Felix Makasiar

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Felix Makasiar (November 19, 1915 - February 19, 1992) was the Chief Justice of the Philippines from July 25 to November 19, 1985.

He graduated cum laude from the University of the Philippines. He started his judicial career in the Court of First Instance (now Regional Trial Courts), from which he was promoted successfully as Undersecretary, and later Secretary of Justice, and finally as an associate justice in 1970.

He was appointed Chief Justice ahead of Claudio Teehankee, who is then the Senior Associate Justice. Many conjectured that it was Teehankee's dissents from the decisions upholding the government led Marcos to by-pass him for the position as Chief Justice. After Makasiar retired, Teehankee was again by-passed in favor of Justice Ramon Aquino.

[edit] His decisions

His decisions has the characteristic of placing his dispositive / decretal portion of the decision in capital letters.

His decisions reflect the sympathies to the common man, and would sometimes resort in rebuke to injustices as reflected by the facts of the case.

In a case involving a dispute to a sale of real property:

“Hence, Carbonell's prior purchase of the land was made in good faith. Her good faith subsisted and continued to exist when she recorded her adverse claim four (4) days prior to the registration of Infante's deed of sale. Carbonell's good faith did not cease after Poncio told her on January 31, 1955 of his second sale of the same lot to Infante, Because of that information, Carbonell wanted an audience with Infante, which desire underscores Carbonell's good faith. With an aristocratic disdain unworthy of the good breeding of a good Christian and good neighbor, Infante snubbed Carbonell like a leper and refused to see her. So Carbonell did the next best thing to protect her right — she registered her adverse claim on February 8, 1955. Under the circumstances, this recording of her adverse claim should be deemed to have been done in good faith and should emphasize Infante's bad faith when she registered her deed of sale four (4) days later on February 12, 1955.” (Carbonell v. CA, G.R. No. L-29972. January 26, 1976; 69 SCRA 99)

In a case involving the upholding of a teacher’s compensation due to occupational disease, he has this to say:

“... Rheumatoid arthritis and pneumonitis can be considered as such occupational diseases. All public high school teachers, like herein petitioner, admittedly the most underpaid but overworked employees of the government, are subject to emotional strains and stresses, dealing as they do with intractable teenagers especially young boys, and harassed as they are by various extra-curricular or non- academic assignments, aside from preparing lesson plans until late at night, if they are not badgered by very demanding superiors. In the case of the petitioner, her emotional tension is heightened by the fact that the high school in which she teaches is situated in a tough area - Binondo district, which is inhabited by thugs and other criminal elements and further aggravated by the heavy pollution and congestion therein as well as the stinking smell of the dirty Estero de la Reina nearby. Women, like herein petitioner, are most vulnerable to such unhealthy conditions. The pitiful situation of all public school teachers is further accentuated by poor diet for they can ill-afford nutritious food.

In her work, petitioner also has to contend with the natural elements, like the inclement weather — heavy rains, typhoons — as well as dust — and disease-ridden surroundings peculiar to an insanitary slum area.

These unwholesome conditions are "normal and consistently present in" or are the "hazards peculiar to" the occupation of a public high school teacher. It is therefore evident that rheumatoid arthritis and pneumonitis are the "natural incidents" of petitioner's occupation as such public high school teacher.

It must be borne in mind that petitioner was a teacher of the Raja Soliman High School which is located in the heart of Binondo District. She was constantly exposed to the heavily polluted air and congestion (squatter's area) characteristic of the area. She was not only exposed to the elements - varying degrees of temperature throughout the day and night - but also had to withstand long hours of standing while performing her teaching job. Likewise, she had to regularly negotiate long trips from her home in Project 2, Quirino District, Quezon City (her residence) to said high school in Binondo, scampering from one ride to another, rain or shine, and sweating in the process.

Furthermore, judicial notice should be taken of the fact that our country is in a typhoon belt and that yearly we experience torrential rains and storms. Needless to say, in her daily rides from Quezon City to Binondo and back, she had to go through the ordeal of perspiring and getting wet from downpours or heavy rains, thus making her susceptible to contracting her ailments. Moreover, petitioner was always in contact with 250 students who might have been carriers of contagious respiratory diseases like flu and colds and who were themselves inadequately nourished, residing as they do in a depressed and congested area. And adding to the unhygienic working atmosphere was her malnutrition or undernourishment. More often than not, a teacher who has no other source of income takes to — aside from the poor man's staple diet of tuyo, daing and rice — legumes like mongo, vegetables and fruits with edible seeds which contain much uric acid.” (Menez v. ECC, G.R. L-48488, April 25, 1980)

[edit] References

• Cruz, Isagani A. (2000). Res Gestae: A Brief History of the Supreme Court. Rex Book Store, Manila
• Azucena, Cesario. (2004). Labor Code of the Philipines Annotated, Vol. 1. Rex Book Store, Manila

Preceded by Juan Ponce Enrile	Philippine Secretary of Justice February 7, 1970 – August 2, 1970	Succeeded by Vicente Abad Santos
Preceded by Enrique Fernando	Chief Justice of the Philippines July 25, 1985–November 19, 1985	Succeeded by Ramon Aquino