George A. Malcolm
Associate Justice of the Philippine Supreme Court
In office October 11, 1917 – February 1, 1936
Appointed by	Woodrow Wilson
Preceded by	Grant T. Trent
Succeeded by	Jose P. Laurel
Born	November 5, 1881 Concord, Michigan
Died	May 16, 1961 Los Angeles, California

George A. Malcolm (November 5, 1881 — May 16, 1961) was an American lawyer who emerged as an influential figure in the development of the practice of law in the Philippines in the 20th century. At age 35, he was appointed Associate Justice of the Supreme Court of the Philippines, where he would serve for 19 years. His most enduring legacy perhaps lies in his role in the establishment of the College of Law at the University 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. ... October 11 is the 284th day of the year (285th in leap years) in the Gregorian calendar. ... 1917 (MCMXVII) was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the 13-day slower Julian calendar (see: 1917 Julian calendar). ... February 1 is the 32nd day of the year in the Gregorian calendar. ... 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will take you to calendar). ... The President of the Philippines is the head of state and government of the Republic of the Philippines. ... Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924), was the 28th President of the United States. ... PRESIDENT OF THE PHILIPPINES Jose P. Laurel José Paciano Laurel y García (March 9, 1891 - November 6, 1959) was the president of the Japanese-sponsored Republic of the Philippines from 1943 to 1945. ... November 5 is the 309th day of the year (310th in leap years) in the Gregorian calendar, with 56 days remaining. ... Year 1881 (MDCCCLXXXI) was a common year starting on Saturday (link will display the full calendar). ... Concord is a village in Jackson County in the U.S. state of Michigan. ... May 16 is the 136th day of the year (137th in leap years) in the Gregorian calendar. ... 1961 (MCMLXI) was a common year starting on Sunday (the link is to a full 1961 calendar). ... Nickname: Location within Los Angeles County in the state of California Coordinates: , State California County Los Angeles County Settled 1781 Incorporated April 4, 1850 Government  - Type Mayor-Council  - Mayor Antonio Villaraigosa  - City Attorney Rocky Delgadillo  - Governing body City Council Area  - City  498. ... November 5 is the 309th day of the year (310th in leap years) in the Gregorian calendar, with 56 days remaining. ... Year 1881 (MDCCCLXXXI) was a common year starting on Saturday (link will display the full calendar). ... May 16 is the 136th day of the year (137th in leap years) in the Gregorian calendar. ... 1961 (MCMLXI) was a common year starting on Sunday (the link is to a full 1961 calendar). ... A lawyer, according to Blacks Law Dictionary, is a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999... 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 Oblation UP Diliman, the flagship campus of the U.P. System UP Baguio UP Extension Program in Pampanga Temporary Campus UP Los Baños UP Manila This article is about the University of the Philippines System. ...

Background

Born in Concord, Michigan, Malcolm obtained his degree in law from the University of Michigan in 1906. While at the university, he was among the founding members of the Acacia Fraternity. Following his graduation, Malcolm proceeded to the Philippines, which was then a colony of the United States. Malcolm served in several minor positions in the colonial government, starting as a clerk in the Bureau of Health, then subsequently in the Bureau of Justice. He rose quickly in rank, and by 1911, he was acting attorney-general for the Philippines.^[1] Concord is a village in Jackson County in the U.S. state of Michigan. ... The University of Michigan, Ann Arbor (UM, U of M or U-M) is a coeducational public research university in the state of Michigan. ... 1906 (MCMVI) was a common year starting on Monday (see link for calendar). ... This article does not cite any references or sources. ... Year 1911 (MCMXI) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 13-day-slower Julian calendar). ...

Establishment of the U.P. College of Law

It was through Malcolm's efforts that the first English language law classes was established in the Philippines. The Board of Regents of the University of the Philippines had initially resisted Malcolm's proposal for the establishment of a law college within the University. Malcolm thus arranged for the Manila YMCA to offer law courses, which commenced in 1910. Malcolm acted as the Secretary of these law courses. Within a year, the Board of Regents relented and the University of the Philippines adopted these classes by formally establishing the College of Law on January 12, 1911. ^[2] The Oblation UP Diliman, the flagship campus of the U.P. System UP Baguio UP Extension Program in Pampanga Temporary Campus UP Los Baños UP Manila This article is about the University of the Philippines System. ... This article is about the association. ... January 12 is the 12th day of the year in the Gregorian calendar. ... Year 1911 (MCMXI) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 13-day-slower Julian calendar). ...

Supreme Court Associate Justice Sherman Moreland had initially been designated as the acting dean of the college, while Malcolm was appointed as the College Secretary. Almost immediately, Moreland turned over his office to Malcolm, who served as acting dean while the University tried in vain to recruit American law professors to become the permanent dean of the college.^[3] While there was some resistance in the idea of appointing Malcolm as the first permanent Dean of the College of Law ^[4], Malcolm was finally appointed to the post on October 11, 1911. [1] Judiciary Supreme Court Chief Justice Reynato Puno Court of Appeals · Sandiganbayan Court of Tax Appeals · Ombudsman Elections Commission on Elections 2007 | 2004 | 2001 | 1998 1995 | 1992 | 1986 | All Foreign relations Human rights Other countries Politics Portal      The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas) is the... October 11 is the 284th day of the year (285th in leap years) in the Gregorian calendar. ... Year 1911 (MCMXI) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 13-day-slower Julian calendar). ...

Malcolm served as dean for the next six years. He also taught courses in constitutional law and in legal ethics. Three students who graduated during his deanship would eventually become Presidents of the Philippines — Jose P. Laurel, Manuel A. Roxas, and Elpidio R. Quirino. Several other of Malcolm's students would later serve in the Supreme Court, including also Laurel, who would actually succeed to Malcolm's seat on the Supreme Court in 1936. Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ... Legal ethics refers to an ethical code governing those in the practice of law. ... The President of the Philippines is the head of state and government of the Republic of the Philippines. ... PRESIDENT OF THE PHILIPPINES Jose P. Laurel José Paciano Laurel y García (March 9, 1891 - November 6, 1959) was the president of the Japanese-sponsored Republic of the Philippines from 1943 to 1945. ... Manuel Acuña Roxas (January 1, 1892 – April 15, 1948) was the first president of the independent Republic of the Philippines. ... Elpidio Rivera Quirino (November 16, 1890 – February 29, 1956) was the sixth President of the Philippines. ... Judiciary Supreme Court Chief Justice Reynato Puno Court of Appeals · Sandiganbayan Court of Tax Appeals · Ombudsman Elections Commission on Elections 2007 | 2004 | 2001 | 1998 1995 | 1992 | 1986 | All Foreign relations Human rights Other countries Politics Portal      The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas) is the... 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will take you to calendar). ...

Following the relocation of the university campus to Diliman, Quezon City after World War II, the building that housed the College of Law was named "Malcolm Hall" after Malcolm, a name that is carried as of 2006. Quezon City P (Filipino: Lungsod Quezon), is the former capital (1948-1976) and the most populous city in the Philippines. ...

Supreme Court Justice

In 1917, U.S. President Woodrow Wilson appointed Malcolm to sit on the Philippine Supreme Court. At age 35, he was the youngest person ever appointed as Justice to the High Court. He would serve in the Court until 1936, when he was forced to retire upon the enactment of the 1935 Constitution, which limited Supreme Court membership to Filipinos. Upon his retirement after 19 years, Malcolm had written 3,340 opinions for the Court. ^[5] 1917 (MCMXVII) was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the 13-day slower Julian calendar (see: 1917 Julian calendar). ... The presidential seal is a well-known symbol of the presidency. ... Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924), was the 28th President of the United States. ... Judiciary Supreme Court Chief Justice Reynato Puno Court of Appeals · Sandiganbayan Court of Tax Appeals · Ombudsman Elections Commission on Elections 2007 | 2004 | 2001 | 1998 1995 | 1992 | 1986 | All Foreign relations Human rights Other countries Politics Portal      The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas) is the... 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will take you to calendar). ...

Several of Malcolm's opinions for the Court remain influential to date. In Villavicencio v. Lukban, 39 Phil. 778 (1919), he spoke for the Court in granting the writ of habeas corpus to counter the deportation of prostitutes to Mindanao as ordered by Manila mayor Justo Lukban. In Villaflor v. Summers, 41 Phil. 62 (1920), Malcolm wrote that a judicial order compelling a woman to submit to a physical examination to determine if she was pregnant did not violate the constitutional proscription against self-incrimination. In Borromeo v. Mariano, 41 Phil. 329 (1921), and Concepcion v. Paredes, 42 Phil. 499 (1921), Malcolm authored opinions that shielded the members of the judiciary from the diminution of their powers by legislative action. In Alejandrino v. Quezon, 46 Phil. 83 (1924), the Court through Malcolm ruled it had no power to reverse the suspension of a senator by his colleagues in the Senate. In Government v. Springer, Malcolm refused to affirm the law that granted the Senate President and Speaker of the House the right to vote shares in a government corporation, citing that such authority did not fall within the functions of the legislature. Malcolm's opinion would be affirmed by the Supreme Court of the United States upon appellate review, 277 U.S. 189 (1928), though the dissent therein of Justice Oliver Wendell Holmes, Jr. proved more memorable in time, with its eloquent pronouncement that "[t]he great ordinances of the Constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to the other." // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... In common law, habeas corpus (/heɪbiÉ™s kɔɹpÉ™s/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... Mindanao is the second largest and easternmost island in the Philippines. ... Nickname: Map of Metro Manila showing the location of Manila Coordinates: 14°35 N 121° E Country Philippines Region National Capital Region Districts 1st to 6th districts of Manila Barangays 897 Incorporated (city) June 10, 1574 Government  - Mayor Alfredo S. Lim (GO)  - Vice Mayor Isko Moreno (independent) Area  - City 38. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Judiciary Supreme Court Chief Justice: Reynato Puno Ombudsman Elections Commission on Elections 2007 | 2004 | 2001 | 1998 1995 | 1992 | 1986 | 1984 1981 | 1978 | 1969 | 1965 1961 | 1957 | 1953 | 1949 1946 | 1941 | 1935 Foreign relations Human rights Other countries â€¢ Politics Portal      The President of the Senate of the Philippines is the presiding... Jose de Venecia is the current Speaker of the House of Representatives The Speaker of the Philippine House of Representatives is the presiding officer of the lower house of Congress, the House of Representatives. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... Oliver Wendell Holmes, Jr. ...

Malcolm's majority opinion in Rubi v. Provincial Board, 33 Phil. 660 (1919), remains controversial to date. The Court therein affirmed a provincial government resolution directed at the Mangyan ethnic minority, requiring the confinement of members of "non-Christian tribes" to a specially created reservation. Likening the plight of the Mangyan to that of Native Americans, the Court classified the Mangyan as "wards of the Filipino". "By the fostering care of a wise Government, may not these unfortunates advance in the "habits and arts of civilization?" Would it be advisable for the courts to intrude upon a plan, carefully formulated, and apparently working out for the ultimate good of these people?"[2] // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... This article does not cite any references or sources. ... Chief Quanah Parker of the Quahadi Comanche Native Americans in the United States (also Indians, American Indians, First Americans, Indigenous Peoples, Aboriginal Peoples, Aboriginal Americans, Amerindians, Amerinds, or Original Americans) are those indigenous peoples within the territory which is now encompassed by the continental United States, and their descendants in...

Later years

After his retirement from the Philippine Supreme Court, Malcolm was appointed as a legal adviser to U.S. High Commissioners Frank Murphy and Paul V. McNutt. In 1939, he was appointed as Attorney-General of Puerto Rico. However, he would later fall into dispute with Governor Rexford Tugwell, and he ended up being fired in 1942 ^[6] High Commissioner to the Philippines was the title of the personal representative of the President of the United States to the Commonwealth of the Philippines during the period 1935-1946. ... For the Australian rules footballer, see Frank Murphy (footballer). ... Paul V. McNutt in his Washington office, 1941. ... Year 1939 (MCMXXXIX) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ... The Government of Puerto Rico is a commonwealth within the United States consisting of a national and state government and 78 administrative sub-divisions called municipalities. ... Seal of the Governor of Puerto Rico The Governor of Puerto Rico is the Head of Government of the Commonwealth of Puerto Rico. ... Rexford Guy Tugwell (July 10, 1891 - July 21, 1979) was an agricultural economist who became part of Franklin D. Roosevelts Brains Trust, a group of Columbia academics who helped develop policy recommendations leading up to Roosevelts 1932 election as President. ... 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ...

Malcolm later settled back in the United States, though he would make occasional visits to the Philippines and to the law school housed in the building named after him. He died aged 79 in Los Angeles on May 16, 1961. ^[7] Flag Seal Nickname: City of Angels Location Location within Los Angeles County in the state of California Coordinates , Government State County California Los Angeles County Mayor Antonio Villaraigosa (D) Geographical characteristics Area     City 1,290. ... May 16 is the 136th day of the year (137th in leap years) in the Gregorian calendar. ... 1961 (MCMLXI) was a common year starting on Sunday (the link is to a full 1961 calendar). ...

Trivia

Malcolm was a godfather to Ameurfina Melencio Herrera who, in 1979, became the second woman to be appointed to the Supreme Court. ^[8] A godparent, in many denominations of Christianity, is someone who sponsors a childs baptism. ... Also: 1979 by Smashing Pumpkins. ... Judiciary Supreme Court Chief Justice Reynato Puno Court of Appeals · Sandiganbayan Court of Tax Appeals · Ombudsman Elections Commission on Elections 2007 | 2004 | 2001 | 1998 1995 | 1992 | 1986 | All Foreign relations Human rights Other countries Politics Portal      The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas) is the...

Some notable opinions

• US v. Salaveria (1917)
• Rubi v. Provincial Government (1919)
• Villavicencio v. Lukban (1919)
• Villaflor v. Summers (1920)
• Alejandrino v. Quezon (1924)
• Government v. Springer (1927)
• Government v. Agoncillo (1927)

References

• Sevilla, Victor J. (1985). Justices of the Supreme Court of the Philippines Vol. I. Quezon City, Philippines: New Day Publishers, pp. 84-92. ISBN 971-10-0134-9. 
• Malcolm, George A. (1957). American Colonial Careerist. United States of America: Christopher Publishing House, pp. 79, 96-97, 139, 249-251. 

Notes