Marvic Leonen
Mario Victor "Marvic" Famorca Leonen is a Filipino jurist who 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 justice in the court's history. Since the retirement of Estela Perlas-Bernabe in 2022, he has served as the Court's Senior Associate Justice.
Mario previously served as the chief peace negotiator for the Republic of the Philippines in peace talks with the Moro Islamic Liberation Front.
Leonen served as dean of the University of the Philippines College of Law from 2008 to 2011. He has also 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 and Adrelina Famorca. His parents were married in Vigan, Ilocos Sur and later settled in Baguio, Benguet, where he was born. 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.Leonen decided to pursue a legal career while he was in the second grade.
Education and early career
After attending St. Theresa's College for elementary school and graduating as valedictorian from Saint Louis University–Boys' High School, Leonen completed a Bachelor of Arts in economics magna cum laude at the University of the Philippines Diliman in 1983. During the 1982–1983 academic year, he chaired Economics Toward Consciousness, a student organization at the University of the Philippines School of Economics. He obtained his Bachelor of Laws degree from the UP College of Law in 1987, ranking fourth in his class. In 2004, Leonen earned a Master of Laws from Columbia Law School.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, a legal and policy research and advocacy institution that provides legal services to the upland rural poor and indigenous peoples’ communities. He served as the center’s executive director for 15 years. In 1988, Leonen joined the Free Legal Assistance Group, an organization of Philippine human rights lawyers, and remained a member until his appointment to the Supreme Court in 2012.
Academic career
Leonen joined the faculty of the University of the Philippines College of Law in 1989 as a professorial lecturer specializing in Philippine Indigenous Law. During Dean Pacifico Agabin’s tenure, he transitioned to the role of assistant professor. Later, under Dean Merlin M. Magallona, he served as an academic administrator. In 2000, he was appointed as the University General Counsel for the UP System. In 2005, he was appointed as the first Vice President for Legal Affairs of the UP System. Throughout his tenure, Leonen has taught a diverse range of 20 different subjects within the law school.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.
In 2008, the UP Board of Regents appointed him as dean of the University of the Philippines College of Law. He served in this role until June 2011, when Danilo L. Concepcion was appointed as his successor.
Leonen has provided legal commentary for television networks such as ABS-CBN and GMA Network, including during the 2000–2001 impeachment trial of President Joseph Estrada.
Government chief peace negotiator (2010–2012)
In July 2010, President Benigno Aquino III named Leonen as the Philippine government's chief negotiator with the Moro Islamic Liberation Front. During his tenure, the government created an agreement with the MILF to establish the Bangsamoro political entity, replacing the Autonomous Region for Muslim Mindanao.Associate Justice of the Philippines (since 2012)
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.In Belgica v. Executive Secretary, in which the Court declared the Priority Development Assistance Fund unconstitutional, Leonen wrote a separate concurring opinion supporting this. 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."
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.
Dissents
Leonen has frequently issued dissenting opinions in Supreme Court cases. In an interview with Rappler, he stated that while his point of view might often be "before its time," he is not frustrated by dissenting, as the reasoning in his dissent might be relied upon by the majority in the future, citing Holmes' dissent in Abrams v. United States as an example.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. He is also noted for his dissent in Republic v. Sereno, where he called the majority's decision a 'legal abomination." In , 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, but his term was extended to the 2021 batch due to the COVID-19 pandemic.While the exam date was pending, the Supreme Court kept examinees informed by posting instructions in Bar Bulletins, and Leonen regularly posted updates 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. 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" and 14 "excellent passers". Leonen replaced the word "fail" with "did not pass" or "did not finish" for those who did not score 75% or higher.
The New Lawyer's Oath
The Supreme Court En Banc approved the Code of Professional Responsibility and Accountability 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. The event included the introduction of the New Lawyer's Oath, authored by Senior Associate Justice Leonen.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 and protect their human and legal rights. The World Prison Brief ranks the Philippines third in prison occupancy. The Commission on Audit's 2022 review revealed that 323 of 478 jails are congested. 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, RA 11928, and the Department of Justice's 5-year Development and Modernization Plan 2023–2028.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 Associate Justice 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 for 15 years.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, 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.
On May 27, 2021, the House panel began its hearing; 44 lawmakers immediately found the complaint lacked sufficient evidence.
"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.' The supporting documents were photocopies or newspaper articles that did not demonstrate personal knowledge or authentic records, leading to the finding that the complaint lacked sufficient evidence."
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 “ 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.”