Mario Victor "Marvic" Famorca Leonen (born December 29,1962) is a Filipino jurist who has served as an associate Justice of the Supreme Court of the Philippines since 2012. President Benigno Aquino III appointed Leonen to the position at the age of 49,making him the second-youngest jurist in the court's history. Since the retirement of Estela Perlas-Bernabe in 2022,he has been the court's senior associate justice.
Before joining the Supreme Court,he served as the chief peace negotiator for the Republic of the Philippines in peace talks with the Moro Islamic Liberation Front. Leonen is sometimes referred to as "The Great Dissenter" for his liberal and human rights-oriented decisions,which often contrast with those of more conservative justices aligned with Rodrigo Duterte.[2]
Leonen has served as dean of the University of the Philippines College of Law from 2008 to 2011. He has been involved in environmental legal advocacy and community-based legal work.
Early life
Mario Victor Famorca Leonen was born on December 29,1962,to Mauro Leonen (d. 1970) and Adrelina Famorca. His parents were married in Vigan,Ilocos Sur,and later settled in Baguio,Benguet,where he was born.[3] He is the second of six children and is of Ilocano descent. His mother is a pharmacist. His father was a human rights lawyer who represented the indigenous Ibaloi people in land title disputes. Mauro died in a car accident in San Manuel,Tarlac,on June 26,1970.[4]
Leonen decided to pursue a legal career in the second grade.[5]
Education and early career
Leonen as a human rights lawyer performing pro bono services in Northern Luzon
In December 1987,Leonen co‑founded the Philippines chapter of Friends of the Earth,the Legal Rights and Natural Resources Center,Inc.–Kasama sa Kalikasan,[7] a legal and policy research and advocacy institution that provides legal services to upland rural poor and indigenous peoples’communities.[8] He served as the center’s executive director for 15 years.[8] In 1988,Leonen joined the Free Legal Assistance Group (FLAG),an organization of Philippine human rights lawyers,and remained a member until his appointment to the Supreme Court in 2012.[9]
Academic career
Leonen joined the faculty of the University of the Philippines College of Law in 1989 as a professorial lecturer in Philippine Indigenous Law. He became an assistant professor during Dean Pacifico Agabin’s tenure and later served as an academic administrator under Dean Merlin M. Magallona. In 2000,he was appointed University General Counsel for the UP System,and in 2005,he became the first Vice President for Legal Affairs of the UP System. Leonen has taught 20 different subjects in the law school.[10]
He also worked within the college’s clinical legal education program and lectured as a resource speaker at national and international forums in Hong Kong,Thailand,Malaysia,Indonesia,Japan,Spain,the Netherlands,Australia,Estonia,and the United Kingdom.[11]
Leonen has also provided legal commentary for television networks such as ABS-CBN and GMA Network,including during the 2000–2001 impeachment trial of President Joseph Estrada.
On November 21,2012,President Benigno Aquino III appointed Leonen as the 172nd Associate Justice of the Supreme Court of the Philippines at the age of 49,making him the youngest justice named to the Court since 1938.[14]
In Belgica v. Executive Secretary,the landmark case where the Court declared the Priority Development Assistance Fund unconstitutional,Leonen wrote a separate concurring opinion demonstrating a command of logic and the law to support the unconstitutionality of pork barrel.[15] He stated,"A member of the House of Representatives or a Senator is not an automated teller machine from which the public can withdraw funds for sundry private purposes."[16]
In civil law,Leonen penned,Tan-Andal v. Andal,which removed the requirement of medical or expert witnesses for declaring a marriage null due to psychological incapacity under the Family Code. The new rule requires only totally antagonistic personality structures,resulting in the inevitable breakdown of the marriage. The incapacity to fulfill essential marital obligations need only be manifest specifically toward that spouse to declare the marriage void ab initio.[17]
Dissents
Marvic Leonen
@marvicleonen
Even if the Chief Justice has failed our expectations, quo warranto, as a process to oust an impeachable officer and a sitting member of the Supreme Court, is a legal abomination. It creates a precedent that gravely diminishes judicial independence and threatens the ability of this Court to assert the fundamental rights of our people.[18]
Leonen is known for his frequent dissents. In an interview with Rappler, he stated that while his point of view might often be "before its time,"[19]:@47:50 he is not frustrated by dissenting, as the reasoning in his dissent might be relied upon by the majority in the future,[19]:@49:00 citing Holmes' dissent in Abrams v. United States as an example.[19]:@34:00
Among Leonen's notable dissents is his argument in Disini v. Secretary of Justice that criminal libel and cyberlibel are unconstitutional vestiges of American and Spanish colonialism.[20] He is also noted for his dissent in Republic v. Sereno, calling the majority's decision a "legal abomination."[18] In Lagman vs. Pimentel III, a case addressing the legality of extending martial law and suspending the privilege of the writ of habeas corpus in Mindanao, Leonen explained that Congress had abused its discretion because there was no proper presentation of facts, no examination of the allegations by the military, and no ascertainment of why a longer extension was needed despite the continued declaration of military victory.
As Bar Chairperson of the 2020-2021 Bar Examination
In the Philippines, the Supreme Court administers the Bar Examinations and each year, a Supreme Court Justice becomes the Bar Chairperson. Leonen was to be the chairperson for the 2020 Bar Exams (postponed), but his term was extended to the 2021 batch due to the COVID-19 pandemic.[21]
While the exam date was pending, the Supreme Court kept examinees informed by posting instructions at the Bar Bulletins, and Leonen regularly posted updates and motivations on Twitter using the hashtag "#BestBarEver2020_21".
The exam was initially scheduled for November 2021 but was moved to the four Sundays of January 16, 23, 30, and February 6, 2022. It was then held on February 4 and 6, 2022, in response to scientific recommendations and compliance with COVID-19-related orders.[22] The exam took place in 31 localized testing sites nationwide, each adhering to pandemic protocols and cooperating with local law enforcement.
This batch produced 8,241 newly licensed lawyers out of 11,402 examinees, including 761 "exemplary passers" (grades from 85 to 90%) and 14 "excellent passers" (grades above 90%). Leonen replaced the word "fail" with "did not pass" or "did not finish" for those who did not score 75% or higher.[23]
The New Lawyer's Oath
The Supreme Court En Banc approved the Code of Professional Responsibility and Accountability (CPRA) on April 11, 2023, after a nationwide caravan with members of the legal community and the public. The new CPRA was launched on April 13, 2023, at the Manila Hotel before members of the legal community.[24] The event included the introduction of the New Lawyer's Oath, authored by Senior Associate Justice Leonen.[25]
Proposed Writ of Kalayaan
On May 25, 2024, Leonen announced at his Integrated Bar of the Philippines Caloocan-Malabon-Navotas Chapter lecture at the Manila Hotel that the Supreme Court of the Philippines was drafting the "Writ of Kalayaan," a writ and constitutional remedy to address prison overcrowding of detention suspects (PDLs) and protect their human and legal rights. The World Prison Brief ranks the Philippines third in prison occupancy (362%).[26] The Commission on Audit's 2022 review revealed that 323 of 478 jails are congested.[27] However, on October 19, 2023, Bureau of Corrections's Gregorio Catapang Jr. contradicted the legal remedy recommended by the SC's judicial panel "Committee on Human Rights and International Humanitarian Law" on December 19, 2022, citing Republic Act 10575 (Bureau of Corrections Act of 2013), RA 11928, and the Department of Justice's 5-year Development and Modernization Plan 2023–2028.[28]
Impeachment complaint
In December 2020, Edwin Cordevilla, who identified himself as the secretary general of the Filipino League of Advocates for Good Government and was represented by lawyer Larry Gadon, filed an impeachment complaint against AJ Marvic Leonen. The complaint alleged that Leonen was “incompetent and negligent” for failing to resolve 37 cases within the required period and that he lacked integrity for not filing his Statement of Assets, Liabilities and Net Worth (SALN) for 15 years.[29]
Under the 1987 Constitution of the Philippines, grounds for impeachment include culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. The complaint accused Leonen of culpable violation of the Constitution for failing to resolve cases in a timely manner and of betrayal of public trust for not filing his SALN.
Amid discussion of a possible trial, Leonen received public support, particularly from the legal and academic community. On December 10, 2020, the UP College of Law released a statement urging dismissal of the complaint,[30] praising Leonen’s record and character and calling the complaint “a latest assault” at a time when the pandemic threatened the country. Senator Risa Hontiveros likewise described the impeachment as unnecessary and counterproductive, a “distraction that will only drag lawmakers and the public into a pointless political fiasco” during the pandemic.[31]
On May 27, 2021, the House panel began its hearing; 44 lawmakers immediately found the complaint lacked sufficient evidence.[32]
Under the Philippine Rules of Court, “a witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules (Section 36 of Rule 130).” The supporting documents were photocopies or newspaper articles that did not demonstrate personal knowledge or authentic records, leading to the finding that the case was groundless.
Leonen issued a statement through his Chambers, posted on his Twitter account, expressing gratitude for the support of lawyers, professors, and other members of the Judiciary, adding that “[we] must courageously focus on the essentials: do what is right at the right time in the right way, serve our people and serve them well.”[33]
Personal life
Leonen is divorced and has one daughter, Lian Laya (nicknamed "Malaya" or "free").[34] Leonen and his former spouse have been actively co-parenting Lian Laya since 2004. In a 2013 interview with Ces Drilon, he revealed that he would trade his job to be a full-time father.[35] Leonen has a following among law students and the youth, often posting jokes on love and beliefs based on his favorite books on Twitter and in graduation speeches and socio-political forums.[36]
Leonen has been a vegan since 2017, advocating for plant-based diets as an ethical and ecological choice[37] and opposing animal-sourced products due to their contribution to global warming and ecological destruction.[38]
Leonen is also a fountain pen aficionado and advocate, supporting local pen enterprises and attending fountain pen events in Manila.[39] He enjoys photography (often street photography) as a hobby and maintains an Instagram account to showcase his work.[40] He is fluent in Filipino, English, and Ilocano. He has a Cordilleran-inspired tattoo depicting a lizard around his right wrist, with designs featuring combinations of snake and centipede symbolisms (called "tinulipao", "tab-whad", "inang-oo" and "gayaman").[citation needed]
↑ Leonen, Marvic. "About Marvic M.V.F. Leonen". The Wayback Machine. Archived from the original on 2009-10-03. Retrieved 2023-04-29.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
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