Enrique Fernando: Philippines’ Constitutional Law Champion
Enrique Fausto Medina Fernando Sr. (25 July 1915 – 13 October 2004) was a Filipino jurist and constitutionalist. He served as the 13th Chief Justice of the Supreme Court of the Philippines and was recognized as one of the country’s leading authorities on constitutional law.
Early Life and Education
Fernando was born in Malate, Manila. He earned his Bachelor of Laws degree from the University of the Philippines College of Law, graduating magna cum laude in 1938. He was a member of the Upsilon Sigma Phi fraternity. In 1947, Yale Law School admitted him as the first Filipino Sterling Fellow, and he completed his Master of Law degree in 1948.
Career and Achievements
Shortly after his bar admission, Fernando joined the faculty of the University of the Philippines College of Law as a full-time member until 1953, then continued as a professorial lecturer for decades. He was appointed the George A. Malcolm Professor of Constitutional Law and also taught constitutional law at the Lyceum of the Philippines. His classroom manner was notably strict, yet many of his students went on to become Supreme Court justices or prominent legal practitioners.
From 1953 to 1964, Fernando served as a Code Commissioner. During the 1950s, he advised Presidents Ramon Magsaysay and Carlos P. Garcia. He maintained an extensive private practice and partnered with Senator Lorenzo Tañada, with whom he co-authored a popular hornbook on constitutional law. He authored several books on constitutional and administrative law throughout his lifetime.
Notable Events and Milestones
In 1966, Ferdinand Marcos appointed Fernando as Presidential Legal Counsel. The following year, Marcos appointed him Associate Justice of the Supreme Court. When Chief Justice Fred Ruiz Castro died suddenly of a heart attack on April 19, 1979, Fernando, as the most senior Associate Justice, was promoted to Chief Justice by Marcos.
Fernando’s judicial work emphasized civil liberties and American jurisprudence on republicanism and individual rights. In Morfe v. Mutuc (1968), he wrote the Court’s opinion upholding an anti-graft law requiring public officials to submit asset statements, and notably recognized the constitutional right to privacy for the first time in Philippine jurisprudence. He was a consistent advocate of the clear and present danger test as the proper limitation on free expression, as shown in his opinions in Gonzales v. COMELEC (1969) and his dissent in Badoy v. Ferrer (1970).
Awards and Honors
Fernando was recognized as an ardent civil libertarian and active member of the Civil Liberties Union. His appointment as the first Filipino Sterling Fellow by Yale Law School in 1947 marked a significant honor in his early career.
Additional Resources
Enrique Fernando’s extensive contributions to Philippine constitutional law and his complex judicial legacy during the Marcos era remain subjects of scholarly examination. Readers seeking deeper insight into his jurisprudence, his role in landmark cases, and the controversies surrounding his tenure can find additional information through Wikipedia and other biographical archives dedicated to Philippine legal history.
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