Alrick Anthony R.

Gonzalez
1 – BGC Day

CRIM LAW 1 – Reflection Paper on heroes of martial law.

Among the heroes of martial law, it is the actions of the Claudio Teehankee that struck
me the most. Teehankee is among the few Supreme Court Justices who resisted influence from
President Ferdinand Marcos, the very person who put him in his position, and upheld the
independence of the court when everyone else around him has already succumbed. Even prior
to his career in the judiciary, Teehankee had been a distinguished lawyer and civil libertarian.
Together with Claro M. Recto and Lorenzo Tanada, he cofounded the Nationalist Citizens’ Party
which advocated neutrality in foreign relations and economic independence from U.S. interests.
In 1968, Teehankee was appointed by President Ferdinand Marcos to the Supreme Court in
anticipation of his cooperation in the event of a presidential election protest the following year.
Little did President Marcos know that the loyalty of Claudio Teehankee laid not with him but
with the people. During martial law, Teehankee courageously upheld constitutional democracy
in defiance or Marcos’s dictatorial regime. He defended civilian supremacy over the military, and
the right of citizens to liberty and due process. He even went as far as challenging the validity of
various amendments to the 1973 Constitution that extended Marcos’ term. His dissenting
opinions stripped away the shroud of legality that Marcos sought to drape over his abuses. As a
student of law, I continually search for a sense of legitimacy in our legal system. On a daily basis,
I hear news which involves bending the law to advance the personal and political interests of
people in power. Much to my dismay, even the judiciary, whom I look up to as a novice of the
law, is not spared from such controversies. It is with the likes of former Justice Claudio
Teehankee from whom I obtain this sense of legitimacy for the law. His fearless stance in
defending the rule of law and his loyalty to the citizens whom he swore to serve help me find
meaning in my daily struggle to learn the law.

Application of Crim Law principle:

Generality:
Justice Claudio Teehankee affirmed the right of citizens, even under martial law, to be tried by
civilian courts rather than military tribunals.