Adolfo Azcuna
Encyclopedia
Adolfo S. Azcuna is a Filipino
jurist who served as an Associate Justice
of the Supreme Court of the Philippines
from 2002 to 2009. He was appointed to the Court by President
Gloria Macapagal-Arroyo
on October 24, 2002. He is the current Chancellor of the Philippine Judicial Academy (PHILJA), having been appointed to that position by the Supreme Court of the Philippines on June 1, 2009.
Justice Azcuna taught International Law at his alma mater, Ateneo de Manila, from 1967 to 1986. In 1982, he completed post-graduate studies in International Law and Jurisprudence at the Salzburg University in Austria.
Representing Zamboanga del Norte, he was elected as member of the 1971 Constitutional Convention. Subsequently, he was appointed as a member of the 1986 Constitutional Commission. He held several government posts during the term of President Corazon C. Aquino, first as Presidential Legal Counsel, then as Press Secretary and subsequently as Presidential Spokesman. In 1991, he was appointed Chairman of the Philippine National Bank. On October 17, 2002, he was appointed Associate Justice of the Supreme Court by President Gloria Macapagal-Arroyo.
Justice Azcuna’s major publications include “International Sales of Goods,” “Transnational Law Practice,” “International Law Teaching in the Philippines,” “Doing Business in the Philippines,” “Foreign Judgment [Monetary] Enforcements in the Philippines,” “Piercing the Veil of Corporate Entity: From Willets to Santos,” “ASEAN Conflict of Law,” and “The Supreme Court and Public International Law.”
Justice Azcuna is married to Maria Asuncion Aunario, a professor of St. Scholastica’s College. They have four children: Anna Maria, Ma. Beatriz, Ma. Margarita and Miguel Enrique.
Source: SC Public Information Office
’s appointment over the citizenship issue. Azcuna wrote that Ong would be unable to join them on the bench "until he had proven in court that he was a natural-born Filipino citizen and corrected the records of his birth and citizenship". The court declared its decision to be final and effective immediately.
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
jurist who served as an Associate Justice
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
of the Supreme Court of the Philippines
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...
from 2002 to 2009. He was appointed to the Court by President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
on October 24, 2002. He is the current Chancellor of the Philippine Judicial Academy (PHILJA), having been appointed to that position by the Supreme Court of the Philippines on June 1, 2009.
Profile
Azcuna was born in Katipunan, Zamboanga del Norte on February 16, 1939. He received the degree of Bachelor of Arts, with academic honors, at the Ateneo de Manila in 1959 and the degree of Bachelor of Laws, cum laude, at the same institution in 1962. He was admitted to the Philippine Bar in 1963, placing 4th in the 1962 bar examinations. He forthwith embarked on a government career as Assistant Private Secretary of then Presiding Justice Jose P. Bengzon of the Court of Appeals in 1963 and, thereafter, upon the appointment of the latter to the Supreme Court in 1964, as his Private SecretaryJustice Azcuna taught International Law at his alma mater, Ateneo de Manila, from 1967 to 1986. In 1982, he completed post-graduate studies in International Law and Jurisprudence at the Salzburg University in Austria.
Representing Zamboanga del Norte, he was elected as member of the 1971 Constitutional Convention. Subsequently, he was appointed as a member of the 1986 Constitutional Commission. He held several government posts during the term of President Corazon C. Aquino, first as Presidential Legal Counsel, then as Press Secretary and subsequently as Presidential Spokesman. In 1991, he was appointed Chairman of the Philippine National Bank. On October 17, 2002, he was appointed Associate Justice of the Supreme Court by President Gloria Macapagal-Arroyo.
Justice Azcuna’s major publications include “International Sales of Goods,” “Transnational Law Practice,” “International Law Teaching in the Philippines,” “Doing Business in the Philippines,” “Foreign Judgment [Monetary] Enforcements in the Philippines,” “Piercing the Veil of Corporate Entity: From Willets to Santos,” “ASEAN Conflict of Law,” and “The Supreme Court and Public International Law.”
Justice Azcuna is married to Maria Asuncion Aunario, a professor of St. Scholastica’s College. They have four children: Anna Maria, Ma. Beatriz, Ma. Margarita and Miguel Enrique.
Source: SC Public Information Office
Gregory Santos Ong Unprecedented Case
Since the creation of the Philippine Supreme Court in 1901, no presidential appointment of a Supreme Court Associate had ever been nullified by the High Tribunal. But on July 3, 2007 Azcuna's judgment made history. The Court granted the petition of two foundations that sought to block Gregory S. OngGregory S. Ong
Gregory Santos Ong is a Filipino jurist and an incumbent Justice of the Sandiganbayan. He was initially appointed as an Associate Justice of the Supreme Court of the Philippines by President Gloria Macapagal-Arroyo on May 16, 2007, but his appointment was subsequently withdrawn after questions...
’s appointment over the citizenship issue. Azcuna wrote that Ong would be unable to join them on the bench "until he had proven in court that he was a natural-born Filipino citizen and corrected the records of his birth and citizenship". The court declared its decision to be final and effective immediately.
Some notable opinions
- Republic of Indonesia v. Vinzon (2003) — on a foreign state's immunity from suitSovereign immunitySovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
- Tecson v. COMELEC (2004) - Separate Opinion — on the nationality of presidentialPresident of the PhilippinesThe President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
candidate Fernando Poe, Jr.Fernando Poe, Jr.Ronald Allan Poe y Kelley , better known as Fernando Poe, Jr. and colloquially known as FPJ and Da King, was a Filipino actor and cultural icon. From the 1950s, Poe played steadfast film heroes who fight for the common man, which won him respect and admiration... - MWSS v. Hon. Daway (2004) — on corporate rehabilitation of MWSS
- Chavez v. COMELEC (2004) — on scope of advertisement ban covering candidates for senatorialSenate of the PhilippinesThe Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
candidates - Abello v. CIR (2005) — on taxability of political contributionsCampaign financeCampaign finance refers to all funds that are raised and spent in order to promote candidates, parties or policies in some sort of electoral contest. In modern democracies such funds are not necessarily devoted to election campaigns. Issue campaigns in referendums, party activities and party...
for donor's taxGift taxA gift tax is a tax imposed on the gratuitous transfer of ownership of property. The United States Internal Revenue Service says a gift is "Any transfer to an individual, either directly or indirectly, where full consideration is not received in return."When a taxable gift in the form of cash,... - ABAKADA v. Ermita (2005) - Concurring and Dissenting — on constitutionalityConstitutionalityConstitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of 2005 Expanded Value Added Tax LawValue added taxA value added tax or value-added tax is a form of consumption tax. From the perspective of the buyer, it is a tax on the purchase price. From that of the seller, it is a tax only on the "value added" to a product, material or service, from an accounting point of view, by this stage of its... - BAYAN v. Ermita (2006) — on constitutionality of rally permit requirement and policy of calibrated preemptive response
- Lambino v. COMELEC (2006) - Separate Opinion — on people's initiativePeople's InitiativePeople’s Initiative or "PI" is one of the modes in which the 1987 Constitution of the Philippines could be amended. The other two modes are via Constituent Assembly or "Con-Ass" and Constitutional Convention or "Con-Con"; which also allow revisions....
as a mode to amend the ConstitutionConstitution of the PhilippinesThe 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"...