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Abraham F. Sarmiento Sr.
119th Associate Justice of the Supreme Court of the Philippines
In office
January 26, 1987 – October 7, 1991
Appointed by Corazon Aquino
Preceded by Vicente Abad Santos
Succeeded by Flerida Ruth Romero
Personal details
Born
Abraham Florendo Sarmiento

(1921-10-08)October 8, 1921
Santa Cruz, Ilocos Sur, Philippine Islands
Died October 3, 2010(2010-10-03) (aged 88)
Prague, Czech Republic
Spouse Irene Pascual
Children 4, including Abraham Jr.
Alma mater University of the Philippines Diliman (LL.B.)

Abraham Florendo Sarmiento Sr. (born October 8, 1921 – died October 3, 2010) was an important Filipino jurist. A jurist is a person who studies or practices law. He was a judge in the highest court of the Philippines, the Supreme Court of the Philippines, from 1987 to 1991. Justice Sarmiento was known for standing up against the government of President Ferdinand Marcos during martial law. After Marcos, President Corazon Aquino appointed him to the Supreme Court.

Early Life and Education

Sarmiento was born in Santa Cruz, Ilocos Sur. He finished his primary and high school education in Laoag City, Ilocos Norte. He was the top student in his high school class.

Joining the Resistance

When World War II reached the Philippines, Sarmiento joined the USAFFE. He also became part of the secret guerrilla groups. These groups fought against the Imperial Japanese Army during the war.

Law School and Early Writings

After the war, Sarmiento studied law at the University of the Philippines. He earned his law degree in 1949. In the same year, he wrote a book about José Abad Santos. Abad Santos was a former Chief Justice who was killed during the war. Sarmiento's book was called Jose Abad Santos: An Apotheosis.

Professional Career and Public Service

After becoming a lawyer, Sarmiento started his own law practice. In the 1950s, he worked with famous politicians like Gerardo Roxas. Later, he opened his own law office in 1967.

Helping Draft the Constitution

Sarmiento was elected to the Philippine Constitutional Convention of 1971. This group was tasked with writing a new Constitution for the country. He was chosen as the vice-president of this important convention.

Standing Up During Martial Law

In September 1972, President Ferdinand Marcos declared martial law. This meant the military took control, and many freedoms were limited.

Sarmiento's oldest son, Abraham "Ditto" Sarmiento Jr., was a student at the University of the Philippines. Ditto became the editor of the university newspaper, the Philippine Collegian. Under his leadership, the newspaper started printing articles that criticized Marcos and martial law.

A Father's Fight for Freedom

In 1976, Ditto was arrested. His father, Abraham Sarmiento, spent many months trying to get his son released. After seven months, Ditto was set free. Sadly, he died within a year because his health got worse due to his time in prison.

After his son's death, Sarmiento became very active in groups that fought for human rights. These groups also opposed Marcos's rule. He helped start several organizations, including the National Union for Democracy and Freedom. He was also a founder of the United Nationalists Democratic Organizations (UNIDO). This group, along with Lakas ng Bayan (LABAN), supported Corazon Aquino in her challenge against Marcos in the 1986 presidential elections.

In 1979, Sarmiento wrote a book with former President Diosdado Macapagal. It was called The Road Back to Democracy. Later that year, he and Manuel Concordia published another book, Ang Demokrasya sa Pilipinas. Because of this book, they were arrested. They were accused of trying to overthrow the government. They were later placed under house arrest.

Appointment to the Supreme Court

After the 1986 People Power Revolution, Corazon Aquino became president. In January 1987, President Aquino appointed Sarmiento as an Associate Justice of the Philippine Supreme Court. He served on the highest court until he reached the mandatory retirement age of 70 in 1991.

Protecting Civil Liberties

During his time on the Court, Justice Sarmiento strongly believed in protecting civil liberties. These are the basic rights and freedoms of citizens.

  • In one case, People v. Nazario, he helped the Court say that laws can be invalid if they are too vague. This means laws must be clear enough for people to understand.
  • In Pita v. Court of Appeals, he wrote that any limits on publishing materials must pass a "clear and present danger" test. This means there must be a real and immediate threat to public safety.
  • In Salaw v. NLRC, he wrote that workers who are fired must be given a fair process. This is called "procedural due process."

However, Sarmiento also agreed with the government's right to temporarily ban Filipinos from working abroad in some cases. This was seen as a way to protect citizens.

Dissenting Opinions

Justice Sarmiento sometimes disagreed with the majority of the judges on the Court. When a judge disagrees, they write a "dissenting opinion."

  • In Marcos v. Manglapus, he disagreed with the Court's decision to ban Ferdinand Marcos from returning to the Philippines.
  • In Umil v. Ramos, he wrote a very strong dissenting opinion. The majority had said that people accused of rebellion could be arrested without a warrant. Sarmiento argued that this went against the freedoms that Filipinos had fought for during the Marcos era. He wrote that the ruling could undo the progress made since the People Power Revolution.

Later Years and Passing

After leaving the Supreme Court, Sarmiento continued to serve the public. Since 2002, he was a member of the Board of Regents for the University of the Philippines. This board helps manage the university.

He was even considered to become the President of the University of the Philippines in 2004.

Final Days

Justice Sarmiento passed away in Prague, Czech Republic, on October 3, 2010. His death was reported as being due to organ failure. At the time of his death, he was still serving as a Regent for the University of the Philippines.

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