And if someone has shown just how far one can go in making a difference while garbed in clerical attire, go no further than Fr. Bernas. He turned seventy in early July and while maintaining his post as Dean of the Ateneo Law School, he’s also on the Board of the Philippine Stock Exchange and on the board of a new hospice group that’s headed by Dra. Magno and Susan Reyes. And for those not steeped in the legal tradition, it’s worth noting that for at least three decades now, his book on Philippine Constitutional Law has been the Bible of law students on constitutional matters–and yes, even the law students of the University of the Philippines will have to admit to perusing his book. That’s quite a heady resume for one theoretically cloistered personage.
"The involvement with the Philippine Stock Exchange was done in typical Vivian fashion (Vivian Yuchengco is the current Chair of the Exchange). She called me one day, explaining how she’d like me to join them on the Board and would I think about it. Next thing I know, it’s being announced how I’m one of the non-stock brokers who are on the Board." At this point, Fr. Bernas dissolves into laughter and a naughty smile.
He continues, "Some people may find it strange, a priest on the Exchange Board; but others may know of the reforms that have been going on. There’s a new law on security and one of the cornerstones of reform that’s embodied in the law is the introduction of non-stock brokers onto the Board. In fact, these non-brokers will comprise the majority of the Board. It’s something that has not been totally accepted yet by a number of those who work in the Exchange. And bear in mind, their cooperation is essential. Even if they now may be the minority on the Board, the brokers still have a big role to play. There are several issues and concerns that require one be a broker to fully understand the situation. For example, the other day we were discussing the merits of trading in the afternoon.
"I would speculate that I was invited on the basis of my knowledge on matters legal and because, coupled with my status as a priest, I would hopefully be a force encouraging peaceful compromise and moral turpitude, a factor that could appease conflicting forces, that I could have some bearing on the human relations aspect." Fr. Bernas was, in fact, the first non-broker director approached by the group of directors contesting the results of the recent election for chairman. Unfortunately, that controversy was resolved not by "peaceful compromise" but by the courts.
"Naturally, I had to talk to my superiors and get clearance before accepting the post. Fortunately, Jesuit philosophy includes a postulate that stipulates we can be concerned and involved with almost any aspect of laity life."
Fr. Bernas does admit though, that it’s really another world altogether. The constant talking about money is something he was not trained for and he had to bone up on a lot of things so as to better contribute to the proceedings. Caught in the maelstrom of the recent elections and the contesting that went on afterwards, Fr. Bernas can only hope that that particular conflict is truly over and all concerned can buckle down to the monumental task still ahead–that of instilling investor confidence in the stock exchange.
With the ubiquitous problems besetting our nation and the perennial use of the Constitution as scapegoat for what are perceived as institutional changes that have to be effected to begin resolving the problems, Fr. Bernas believes "that the problem with the Philippines is not so much the quality of the Constitution, but our ability to carry it out. Whenever we face some seemingly insurmountable problem in government or society, some sectors always resort to calling for amendments in the Constitution. But the roots of the problem lie elsewhere; it’s in the implementation of the law, or lack thereof and it’s on account of the predominance of self-interest. And this culture of self-interest is seen in various branches of Government.
"I hate to say this, but in my lifetime, I’ve not seen the quality of our legislature and the judiciary go down as much as it has in the present day. Some blame the quality of our legislators on the lifting of the literacy requirement, but given the high rate of literacy here, I don’t think that’s the problem. It’s more deep-rooted than that, having to do with both the quality of people who are running and the manner in which the electorate chooses. With the judiciary, it’s the role of political influence in the appointment of justices and judges. Justice Concepcion’s solution was to create a Judicial and Bar Council that would supplant the role of the Commission on Appointments; but this Council has failed, it’s still heavily influenced by politics and what’s worse, there is no longer any public examination of candidates. While we do require some system for screening, the need for it to be transparent and above board is just as important. The last thing we need is reverting to the system under Marcos, when he appointed and dismissed on his own whim!"
We joke if there is in fact some clerical conspiracy afoot to take over the Philippine corporate world, with Fr. Bernas on the Philippine Stock Exchange Board, Fr. Ben Nebres on the Board of pldt and Fr. Noel Vasquez in Bacnotan. Perhaps the Vatican is now the premier global business school, albeit in disguise. Is the progression now, enter the seminary, take your vows, excel in your assignation and if you don’t make Bishop or Cardinal, there’s always board member of one of the Top 1000 Corporations?
He laughs, "I know, it does seem strange, all this happening at the same time. Some even make comments, reminding us about our vow of poverty. But you know, the vow doesn’t have to be reconciled with what we’re doing. What it means is that if there are things we do from which some income is derived, it’s not our personal income but that of the order. Our poverty is one of dependence, to the order."
This dependence is complete, but it does not prohibit Fr. Bernas from enjoying life in his own way. He’s an avid film buff, and while it’s the substantial dramas that he normally goes for, it’s not rare that he’ll choose the "escapist fare that allows one to just sit and watch without having to ponder about what it all means. The James Bond films are fine examples of what I’ll sometimes be in the mood for." Similarly, when it comes to bedside reading, don’t be surprised to find John Grisham novels beside the religious tomes and Annotated Supreme Court Reports.
While, in most quarters, seventy would more than suffice for mandatory retirement, a Jesuit enjoys no such luxury. If there are changes, a mellowing so to speak, in Fr. Bernas’ life, it comes in a different guise.
"I continue to be involved in legal education, writing and giving opinions on various constitutional matters. What has happened though is I’m now giving more retreats to professionals and fellow Jesuits. The standing joke is that as I’m getting older, I’m becoming more priestly!" And there’s a very subtle smile that slowly creeps across his visage.