Ex-Chief Justice Fernando dies, 89

Former chief justice Enrique Fernando died from a lingering illness yesterday while confined at the Philippine Heart Center in Quezon City. He was 89.

Fernando presided over the Supreme Court during the martial law years — a time when the law was said to have been set aside for the political expediency of the ruling powers.

Born to German Fernando and Honoraria Median on June 25, 1915 in Malate, Manila, Fernando believed that "the Constitution is not primarily a lawyer’s document, it being essential for the Rule of Law to obtain that it should ever be present in the people’s consciousness, its language as much as possible should be understood in the sense they have common use."

Fernando joined the Supreme Court as associate justice on June 29, 1967 and became the chairman of its Second Division on Sept. 14, 1974. He was appointed Chief Justice on June 29, 1979 by then President Ferdinand Marcos. He retired on July 25, 1985.

Despite the turbulent martial law years, Fernando as chief magistrate managed to come up with landmark decisions on constitutional issues, due process, equal protection, freedom of speech and assembly, rights of the accused, social justice and tenancy laws.

A news bulletin from the Supreme Court said Fernando’s court opinions were "clear and elegant and peppered with footnotes, reflecting his meticulous researches."

Fernando was internationally recognized as a legal scholar and has the distinction of being one of the Asian jurists to be invited by the US State Department to participate in the Bicentennial Celebration of the American Declaration of Independence in 1976. He was also an international lecturer.

Before his appointment to the Supreme Court, Fernando served as legal adviser to former President Ramon Magsaysay. He was also associate code commissioner of the Department of Justice, and adviser on constitutional matters to former President Carlos Garcia and presidential counsel to Marcos.

Fernando became a lawyer in December 1938 after placing 13th in that year’s Bar. He graduated magna cum laude and valedictorian of his class at the University of the Philippines College of Law.

He earned his masters in law degree from Yale Law School in 1948 as the First Filipino Sterling Fellow. He was also a recipient of a doctor of laws degree honoris causa from Central Escolar University and Sungyukwan University in Seoul, South Korea.

Fernando authored various law books in constitutional law and human rights. Though giving the impression that he was stern and aloof, he was actually a favorite emcee at court dinners in his time. — With Aurea Calica