Enrique M. Fernando
13th Chief Justice of the Supreme Court of the Philippines
In office July 2, 1979 – July 24, 1985
Appointed by	Ferdinand E. Marcos
Preceded by	Fred Ruiz Castro
Succeeded by	Felix Makasiar
Associate Justice of the Supreme Court of the Philippines
In office June 30, 1967 – July 1, 1979
Preceded by	Jesus Barrera
Succeeded by	Efren Plana
Born	July 24, 1915(1915-07-24) Malate, Manila
Died	October 13, 2004 (aged 89) Manila
Spouse	Emma Quisumbing-Fernando

Enrique M. The Chief Justice of the Philippine Supreme Court presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Events 310 - Pope Miltiades is elected 626 - In fear of assassination Li Shimin ambushes and kills his rival Year 1979 ( MCMLXXIX) was a Common year starting on Monday (link displays the 1979 Gregorian calendar) Events 1132 - Battle of Nocera between Ranulf II of Alife and Roger II of Sicily. Year 1985 ( MCMLXXXV) was a Common year starting on Tuesday (link displays 1985 Gregorian calendar) Ferdinand Emmanuel Edralín Marcos ( September 11, 1917 &ndash September 28, 1989) was President of the Philippines from 1965 to 1986 Fred Ruiz Castro ( September 2, 1914 - April 19, 1979) was the Chief Justice of the Philippines from January 5 1976 until his death Felix V Makasiar ( November 20, 1915 - February 19, 1992) was the 14th Chief Justice of the Philippines, serving in that capacity 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. Events 350 - Roman usurper Nepotianus, of the Constantinian dynasty, is defeated and killed by troops of the Usurper Year 1967 ( MCMLXVII) was a Common year starting on Sunday (link will display full calendar of the 1967 Gregorian calendar. "July 1st" redirects here For the Ayumi Hamasaki song see H (song. Year 1979 ( MCMLXXIX) was a Common year starting on Monday (link displays the 1979 Gregorian calendar) Events 1132 - Battle of Nocera between Ranulf II of Alife and Roger II of Sicily. Year 1915 ( MCMXV) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year Origin of the name The word Malate is believed to have stemmed from the corruption of the Tagalog word "ma-alat" meaning "salty Events 54 - Nero ascends to the Roman throne 409 - Vandals and Alans crossed the Pyrenees "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " The City of Manila Fernando (July 24, 1915 - October 13, 2004) was the 13th Chief Justice of the Supreme Court of the Philippines. Events 1132 - Battle of Nocera between Ranulf II of Alife and Roger II of Sicily. Year 1915 ( MCMXV) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year Events 54 - Nero ascends to the Roman throne 409 - Vandals and Alans crossed the Pyrenees "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " The Chief Justice of the Philippine Supreme Court presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the A noted constitutionalist and law professor, he served in the Supreme Court for 18 years, including 6 years as Chief Justice. For the revolt in Brazil, see Constitutionalist Revolution. The term Constitutionalism is a word with a variety of meanings Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end either related to law The Supreme Court of the Philippines ( Filipino: Kataas-taasang Hukuman ng Pilipinas or Korte Suprema) is the country's highest judicial court as well

Early career

Fernando was born in Malate, Manila. Origin of the name The word Malate is believed to have stemmed from the corruption of the Tagalog word "ma-alat" meaning "salty He obtained his Bachelor of Laws degree at the University of the Philippines College of Law, graduating magna cum laude in 1938. The Bachelor of Laws (abbreviated LLB, LLB or rarely LlB) is an undergraduate or bachelor degree in law offered in most Common law The University of the Philippines College of Law or UP Law is the law college of the University of the Philippines System the National University of the ^[1] Shortly after admission to the bar, he joined the faculty of his alma mater, where he taught as a full-time member of the faculty until 1953, and as a professorial lecturer for decades afterwards. He was eventually appointed as the George A. Malcolm Professor of Constitutional Law. George A Malcolm ( November 5, 1881 — May 16, 1961) was an American Lawyer who emerged as an influential figure Constitutional law is the study of foundational or basic Laws of nation states and other political organizations Later, he would also teach constitutional law at the Lyceum of the Philippines. The Lyceum of the Philippines University (LPU is an institute of higher education located in Intramuros, Manila. ^[2] Fernando was feared for his rather tyrannical manner in the classroom,^[3] yet many of his law students would emerge as Supreme Court justices or prominent practitioners in their own right.

In 1947, he was admitted by the Yale Law School as the first Filipino Sterling Fellow, earning his Master of Law degree the following year. Yale Law School, or YLS, is the Law school of Yale University in New Haven Connecticut. Filipinos or the Filipino people are the citizens of the Philippines. The Master of Laws is an advanced Academic degree, or research degree and is commonly abbreviated LL ^[1]

Fernando was appointed as a Code Commissioner in 1953 and served in that capacity until 1964. In the 1950s, he served as a Presidential adviser to Presidents Ramon Magsaysay and Carlos P. Garcia. The President of the Philippines is the head of state and government of the Republic of the Philippines. Ramon del Fierro Magsaysay ( August 31, 1907 - March 17, 1957) was the third President of the Third Republic of the Philippines Carlos Polistico Garcia ( November 4, 1896 – June He likewise engaged in an extensive private practice prior to his appointment to the Supreme Court. Among his law partners was Senator Lorenzo Tañada, with whom he would co-author a popular hornbook on constitutional law. The Senate of the Philippines ( Filipino: Senádo ng Pilipínas) is the upper chamber of the bicameral Legislature of the Philippines, the Early life Tañada was born in Gumaca Quezon on August 10, 1898. A hornbook is a book that serves as primer for study The hornbook originated in England in 1450 (Huey Edmund Burke In his lifetime, Fernando would author several books on constitutional and administrative law. Administrative law is the body of Law that governs the activities of administrative agencies of Government. ^[4]

Supreme Court years

In 1966, Fernando was appointed as Presidential Legal Counsel by Ferdinand Marcos. Ferdinand Emmanuel Edralín Marcos ( September 11, 1917 &ndash September 28, 1989) was President of the Philippines from 1965 to 1986 The following year, he was named as an Associate Justice of the Supreme Court by Marcos appointed. 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.

If not for the untimely death of Chief Justice Fred Ruiz Castro in 1979, Fernando would have had the opportunity to become the Chief Justice only in 1984, after Castro reached the mandatory retirement age of 70, and serving for only 1 year until his own retirement. Fred Ruiz Castro ( September 2, 1914 - April 19, 1979) was the Chief Justice of the Philippines from January 5 1976 until his death However, Castro died suddenly of a heart attack on April 19, 1979, and Fernando, by then the most senior of the Associate Justices, was promoted by Marcos as Chief Justice. Myocardial infarction ( MI or AMI for acute myocardial infarction) also known as a heart attack, occurs when the blood supply Events 1012 - Martyrdom of Alphege in Greenwich London. 1529 - At the Second Diet of Speyer Year 1979 ( MCMLXXIX) was a Common year starting on Monday (link displays the 1979 Gregorian calendar)

Jurisprudence

At the time of his appointment to the Court, Fernando was already recognized as one of the country's leading authorities on constitutional law, and as an ardent civil libertarian and active member of the Civil Liberties Union founded by his colleague on the Court, J.B.L. Reyes. Civil libertarianism is a strain of political thought that supports Civil liberties, or who emphasizes the supremacy of Individual rights and Personal freedoms Jose BL Reyes ( August 19, 1902 – December 27, 1994) was a noted Filipino jurist who served as Associate Justice He was especially noted for his mastery of American jurisprudence on republicanism and individual rights. Republicanism is the Ideology of governing a nation as a Republic, with an emphasis on Liberty, Rule of law, Popular sovereignty Individual rights refer to the Rights of Individuals in contrast with Group rights. ^[5] He would have ample opportunity to expound on these subjects during his 17-year tenure on the Court.

In Morfe v. Mutuc,130 Phil. 415 (1968), Fernando wrote for the Court that an anti-graft law requiring the periodic submission by public officials of their statements of assets and liabilities did not infringe on the officer's right to liberty under the due process clause, or on the right to privacy. Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively Nonetheless, Morfe marked the first time the Philippine Supreme Court recognized the existence of a constitutional right to privacy as "accorded recognition independently of its identification with liberty; in itself, it is fully deserving of constitutional protection. "^[6] The then-recent United States Supreme Court ruling in Griswold v. Connecticut, 381 U.S. 479 (1965) was favorably cited. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Griswold v Connecticut, 381 US 479 ( 1965) was a Landmark case in which the Supreme Court of the United States ruled that the Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters

Fernando was also a persistent proponent of the clear and present danger test as the only acceptable limitation on the right to free expression, as expressed in his ponencia in Gonzales v. Clear and present danger is a term used by Justice Oliver Wendell Holmes Jr In Law, a majority opinion is a judicial Opinion agreed to by a Majority of the members of a Court. COMELEC, 137 Phil. 471 (1969), and his dissent in Badoy v. Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters A dissenting opinion is an Opinion of one or more Judges expressing disagreement with the Majority opinion. Ferrer, 35 SCRA 285 (1970). Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters

Controversies

Along with Claudio Teehankee, Sr., Fernando was the longest serving of the Justices appointed during the 20-year rule of Ferdinand Marcos. Claudio Teehankee Sr ( April 18, 1918 - November 27, 1989) was the 16th Chief Justice of the Supreme Court of the However, unlike Teehankee who progressively became a consistent dissenter to the martial-law rule of Marcos, Fernando frequently voted to affirm challenged acts of the martial law regime. Even though Fernando often qualified his opinions to voice concerns about potential violations of the Bill of Rights, his voting record, as well as his relatively lengthy tenure as Chief Justice during martial law tied him closely with the Marcos regime, and to a Supreme Court perceived as a "lackey of Malacañang". A Bill of Rights is a list or summary of rights that are considered important and essential by a group of people Malacañan Palace, colloquially the Malacañang Palace, is the Official residence of the President of the Philippines. ^[7] This reputation was further enhanced when Fernando was photographed holding an umbrella to the then First Lady Imelda Marcos, a seeming act of chivalry many considered it inappropriate for the Chief Justice of the Supreme Court. Imelda Remedios Visitacion Romualdez-Marcos (born Imelda Remedios Visitacion Trinidad Romualdez on July 2, 1929 in Manila) is the widow ^[5] Critically, Justice Isagani Cruz observed that "as Chief Justice, Fernando emphasized that one of the important functions of the judiciary was the 'legitimizing' function. This was to be the stand-by excuse of the Court under him whenever it had to sustain the acts of President Marcos. "^[8]

In 1982, controversy arose after reports that in the bar examinations held that year, the test booklets had been rechecked in order to confer a passing grade to the son of one of the Justices who had initially flunked. The Philippine Bar Examination is the professional licensure examination for lawyers in the Philippines. The rechecking was reportedly permitted by Fernando. ^[9] Justice Ameurfina Melencio-Herrera complained of the action, and the story broke in the media. As a result, all the members of the Court, including Fernando, submitted their resignations to President Marcos, who later rejected all but two of the resignations. ^[10]

Shortly after the murder of opposition leader Benigno Aquino, Jr. in 1983, Marcos named Fernando to head a fact-finding commission tasked with investigating the assassination. Benigno Servillano Aquino Jr ( November 27, 1932 – August 21 The appointment drew controversy due to concerns that the it violated the constitutional separation of powers, and also out of concerns that a commission headed by a man so closely identified to the Marcos regime would not be sufficiently independent. Fernando promptly resigned, and retired Court of Appeals Justice Corazon Juliano-Agrava was appointed to head what became known as the Agrava Fact Finding Commission. The Philippine Court of Appeals ( Filipino: Hukumang Paghahabol ng Pilipinas) is the country's second highest judicial court just after the Supreme Court

Chief Justice Fernando is interred at the Libingan ng mga Bayani. Libingan ng mga Bayani ( Cemetery of the Heroes) is a national Cemetery within Fort Bonifacio (formerly known as Fort McKinley in Taguig City

Later years

Fernando's lengthy service in the Court ended in 1985, when he reached the compulsory retirement age of 70. Marcos would be toppled from power the following year, and Fernando's most prominent rival Teehankee would be named Chief Justice by Corazon Aquino. María Corazón Cojuangco-Aquino (born María Corazón Sumulong Cojuangco on January 25, 1933) widely known as Cory Aquino, was the 11th

Fernando remained in active practice until shortly before his death at the age 89 in 2004. His expertise as amicus curiae was sought by the Court in the controversial case of Manila Prince Hotel v. Amicus curiae or amicus curiæ (plural amici curiae) is a Legal Latin phrase literally translated as "friend of the court" GSIS, 267 SCRA 408 (1997). Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters ^[11]

Fernando is buried at the Libingan ng mga Bayani. Libingan ng mga Bayani ( Cemetery of the Heroes) is a national Cemetery within Fort Bonifacio (formerly known as Fort McKinley in Taguig City

Bibliography

Selected books

• Brief Survey of Administrative Law Including Public Officers and Election Law (with Emma Quisumbing Fernando, 1950)
• Constitution of the Philippines (with Lorenzo Tañada, 1952-1953)
• Law of Public Administration with Emma Quisumbing Fernando, 1954)
• Labor and Social Legislation (with Gil R. Early life Tañada was born in Gumaca Quezon on August 10, 1898. Carlos, 1964)
• The Power of Judicial Review (1968)
• Bill of Rights (1970)
• Jose P. Laurel on the Constitution (1972)
• Bill of Rights and the Revised Constitution (1973)
• American Constitutional Influence in Asia: Its Impact on the Philippine Legal System (1976)
• Perspectives on Human Rights: the Philippines in a Period of Crisis and Transition (1979)
• Cases on the Bill of Rights (1981)
• Cases and Text in Constitutional Law (1984)
• Separation of Powers: The Three Departments of the Philippine Government (1985)

Notes

References

• Sevilla, Victor J. (1985). Justices of the Supreme Court of the Philippines Vol. II. Quezon City, Philippines: New Day Publishers, pp. 27-29. ISBN 971-10-138-1.  
• Cruz, Isagani; Cynthia Cruz Datu (2000). Res Gestae: A Brief History of the Supreme Court from Arellano to Narvasa. Manila, Philippines: Rex Book Store, pp. 170-172. ISBN 971-23-2913-5.  

External links

• Memorabilia Page, Supreme Court of the Philippines E-Library
• Separate Opinion: Chief Justice Enrique M. Fernando, by Isagani Cruz