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Chief Justice

Chief Justice Enrique M. Fernando


Tenure: July 02, 1979 - July 24, 1985
Appointed by: Marcos

Birthdate: July 25, 1915
Died: October 13, 2004

Place of Birth: Malate, Manila

Children: Fernando, Estela Anna, Enrique, Jr., Emmanuel Ramon, Emma Luz Ester, and Enrico Fausto.

Name of Spouse :
Emma Quisumbing

Name of Parents :
German Fernando and Honoraria Medina

Education:
  1. Secondary: Araullo High School
  2. Bachelor of Laws, University of the Philippines, magna cum laude, 1938
  3. Passed the Bar Exam, 13th place, 1938
  4. Master of Laws, Yale, 1948
  5. LL.D., honoris causa, Centro Escolar University
  6. LL.D., honoris causa, Sungyukwan University, Seoul, Korea


Professional Career:
  1. Assistant and later Associate, Revilla and Yulo Law Firm
  2. Junior Partner, Padilla, Carlos, and Fernando Law Firm
  3. Partner, with his wife, Emma Quisumbing-Fernando Law Firm
  4. Professor, College of Law, University of the Philippines, 1941 – 1951
  5. Associate Commissioner, Code Commission, 1954 – 1963
  6. Advisory, Staff of President Ramon Magsaysay
  7. Adviser on constitutional matters, President Carlos P. Garcia
  8. Presidential Counsel, President Ferdinand E. Marcos
  9. Associate Justice in the Supreme Court in 1967
  10. Chief Justice, Supreme Court, 1979


Awards:


Professional and Civil Organizations:
  1. Philippine participant, United Nations Human Rights Seminars, Baguio, 1958; in Kandy, Ceylon, 1959; Tokyo, 1960
  2. Represented the Philippines, international law conferences, Singapore, 1952; Hongkong, 1967.
  3. Co-Chairman, Philippine Delegation to the Conference on the Law of Treaties, Vienna, 1968


Books:
  1. Academic Freedom as a Constitutional Right. 25p.
  2. The Accomplishment of the Past and the Promise of the Future. 9p.
  3. Address on the Test of Liberty : Restraints on Property. 21p.
  4. Administrative Law Including Law of Public Officers and Election Law by E.M. Fernando and Emma Quisumbing Fernando.
  5. American Constitutional Influence in Asia: Its Impact on the Philippine Legal System. Manila: Supreme Court, 1976. 168p.
  6. The Asean Community of Legal Scholarship : The Role of the Judiciary in Developing Societies. 27p.
  7. The Asean Community of Legal Scholarship: A Comparative Approach. 27p.
  8. An Asian Perspective on the American Constitutional Influence in Asia : its Impact on the Philippine Legal System. 338p.
  9. Bill of Rights. QC: Central Lawbook Pub. Co., 1970. 338p.
  10. Bill of Rights. 2nd ed. Q.C.:CLPCI, 1972. 369p.
  11. Bill of Rights and the Revised Constitution. Manila, 1973. 256p.
  12. Brief Remarks on the Occasion of the Conferment of Honorary Membership to Circulo Romano Filipino. 6p.
  13. Brief Remarks on the Occasion of the Oath Taking of Chief Justice Enrique M. Fernando. 7p.
  14. Brief Survey of Administrative Law Including Public Officers and Election Law by E.M.. Fernando and Emma Quisumbing Fernando. Manila: MNS Pub., 1950. 156p.
  15. Cases and Text in Constitutional Law. Tentative ed. Manila, 1984.
  16. Cases on the Bill of Rights. 1981. 568p.
  17. A Century of Constitutionalism: The Mission as per Malcolm, G., J. and Its Fulfillment as per Laurel, C.J. Manila: Supreme Court, 2001. 38p.
  18. The Challenge Social Justice. 17p.
  19. The Challenge Social Justice. 27p.
  20. Chances for Survival of Democracy in the Philippines. Manila: Philippine Council Institute of Pacific Relations, 1950. 45p.
  21. Commencement Speech Delivered at the 4th Mid-Year Commencement Exercises, Manuel L. Quezon University, Manila, November 22, 1969. 19p.
  22. The Constitution as the Standard of Validity : Judicial Activism in Times of Emergency. 54p.
  23. The Constitution as the Standard of Validity : Judicial Activism in Times of Emergency, in 3 International Conference of Appellate Magistrates, Philippine International Convention Center, Manila, January 9 to 15, 1977, p. 91.
  24. The Constitution of the Philippines. QC: Central Lawbook Pub. Co., 1974. 739p.
  25. The Constitution of the Philippines. 2nd ed. QC: Central Lawbook Pub. Co., 1977. 1056p.
  26. Constitution of the Philippines by Lorenzo M. Tanada and E. M. Fernando. 4th ed. Manila: Citizens Pub., 1952-1953. 2vols.
  27. Constitutional Government of the Philippines.*
  28. The Constitutional Philosophy of Justice Jose P. Laurel." Malcolm Hall, University of the Philippines, Diliman, Quezon City, November 29, 1991, in Jose P. Laurel 1891-1959; Centennial Lectures and Tributes. Manila: Jose P. Laurel Memorial Corp., 1995. p.921-120.
  29. Constitutionalism and National Security. 19p.
  30. The Diversity of Asean Legal Systems: The Lawyer’s Role in Times of Development and Transition. 12p.
  31. Economic Security and Property as Affected by Police Power, Taxation, and Eminent Domain and Protected by Due Process , Equal Protection and Non-impairment. 52p.
  32. The Enduring Contributions of Justice Malcolm to the Laws on Habeas Corpus. 445p.
  33. Foreword, in Ferdinand E. Marcos on Law, Development and Human Rights. QC: UP Law Center, 1978. p. iii-v.
  34. Foreword, in JBL Selected Speeches by and Essays in Honor of Justice Jose B.L. Reyes, edited by Alterto Cacnio & Guillermo Pablo. Manila: Cacnio & Pablo, 1972. 150p.
  35. Four Recent Decisions in Philippine Constitutional Law. 187p.
  36. Governmental Powers and Human Rights. Q.C.: Romita Pub., 1980. 149p.
  37. Governmental Powers and Human Rights: A Brief Survey of Malaysia and Philippines. Manila: Supreme Court, 1978. 149p.
  38. Handbook on Municipal Corporations by E.M. Fernando and Emma Quisumbing Fernando. Manila: Quisumbing Pub., 1951. 88p
  39. Human Rights According to Pacem in Terris and the Constitution of the Philippines: A Life of Dignity for All. 17p.
  40. Implementation of Internationally Protected Human Rights Within Nations: the Philippine Situation. Q.C.: UP Law Center, 1978. 73p.
  41. An Inquiry Into the Constitutional Right to Liberty. Reprinted from the Philippine Law Journal, vol. XXVI, no. 3, October 1951. 9p.
  42. An International Bill of Human Rights. Manila: PLF Pub., 1948. 72p.
  43. Introduction to Legal History. Manila: PC Pub., 1950.
  44. Jose P. Laurel on the Constitution. Manila: Lahi Inc., 1972. 123p.
  45. Judicial and Other Remedies Against the Illegal Exercise of Administrative Authority. 101p.
  46. Judicial Enforcement of Human Rights Law in Times of Emergency. 7p.
  47. Judicial Process in the Philippines in an Era of Development. 44p.
  48. Judicial Supremacy. Reprinted from Philippine Law Journal, vol. XXIII, no. 4, August 1948. 28p.
  49. The Judiciary in an Era of Development; the Philippine Situation. 83p.
  50. Labor and Social Legislation by Gil R. Carlos and Enrique M. Fernando. Manila: PCF Pub., 1951. 544p.
  51. Labor and Social Legislation by Gil R. Carlos and Enrique M. Fernando. Manila: PCF Pub., 1953. 194p.
  52. Labor and Social Legislation by Gil R. Carlos and Enrique M. Fernando. Manila: PCF Pub., 1964. 691p.
  53. Laurel, the Constitutionalist, in Jose P. Laurel Fourth Memorial Volume. Manila: Jose P. Laurel Memorial (Charitable & Cultural), 1991. p. 27-46.
  54. Law of Public Administration by E.M. Fernando and Emma Quisumbing Fernando. Manila: Ramon Quisumbing Books, 1954. 208p.
  55. The Law's Response to the Challenge of the Times: Development of Human Rights. 15p.
  56. Libel Law. Excerpts From the Lecture of Atty. Enrique M. Fernando, NPC Legal Counsel. 11p.
  57. Magsaysay and the Human Rights (Delivered at the UNESCO Conference on Human Rights, May 5, 1957). 12p.
  58. Malcolm on habeas corpus. Manila: Supreme Court, 1975. 120p.
  59. Malcolm on Judicial Review: Its Relevance Under a Parliamentary Regime, in 3 International Conference of Appellate Magistrates, Philippine International Convention Center, Manila, January 9 to 15, 1977, p. 72.
  60. Malcolm on Judicial Review: Its Relevance Under a Parliamentary Regime. QC: UP Press, 1975.
  61. The 1973 Constitution as Fundamental Law: As to Government, Change & Continuity, in 3 International Conference of Appellate Magistrates, Philippine International Convention Center, Manila, January 9 to 15, 1977, p. 637.
  62. The 1973 Constitution as Fundamental Law: As to Rights, Reaffirmation and Rededication. 88p.
  63. The 1973 Constitution as Fundamental Law: As to Rights, Reaffirmation and Rededication, in 3 International Conference of Appellate Magistrates, Philippine International Convention Center, Manila, January 9 to 15, 1977, p. 594.
  64. Notes on Administrative Law. Manila: PCF Pub., 1947.
  65. Outlines on Constitutional Law. Manila: PCF Pub., 1950
  66. Perspectives on Human Rights: the Philippines in a Period of Crisis and Transition. 55p.
  67. Perspectives on Human Rights: the Philippines in a Period of Crisis and Transition. E.M. Fernando, assisted by Enrique Fernando Jr. 1979. 216p.
  68. Perspectives on Human Rights: the Philippines in a Period of Crisis and Transition. E.M. Fernando, assisted by Enrique Fernando Jr. 1979. 83p.
  69. The Philippine Judiciary. 15p.
  70. The Philippine Judiciary. 113p.
  71. Philippine Political Law. Manila: PCF Pub., 1948. 642p.
  72. Political Law. Manila: PCF Pub., 1953. 2vol.s
  73. The Power of Judicial Review. Q.C.: EQF Press, 1968. 152p.
  74. The President and the Vice-President. 189p.
  75. Pres. Ferdinand E. Marcos on Law, Development and Human Rights.
  76. Profiles of Participants in the International Conference of Appellate Magistrates, Philippine International Convention Center, Manila, January 9 to 15, 1977, p. 47.
  77. Readings in Jurisprudence. 2nd ed. Manila: PCF Pub., 19- . 427p.
  78. Reflections on the Revised Constitution. Q.C.: Aklatan Pietla, 1973. 63p.
  79. Remarks, in Introduction: ASEAN Judicial systems; 1980 ASEAN Comparative Law Series. QC: ASEAN Law Association of the Philippines, Inc., 1982. p.43.
  80. Report to His Excellency President & Prime Minister Ferdinand E. Marcos by The Committee on Judicial Reorganization. 28p.
  81. The Revised Constitution: Progress in Stability. SEA Spectrum, vol. 2:3 April 1974.
  82. The Revised Constitution as Fundamental Law: As to Government, Change and Continuity, in Perspectives on the new constitution. Edited by V.V Mendoza. QC: UP Law Center, 1974. p.141..
  83. The Revised Constitution as Fundamental Law: As to Rights, Reaffirmation and Dedication, in Perspectives on the new constitution. Edited by V.V. Mendoza. QC: UP Law Center, 1974. p.95.
  84. Revised Election Code (part of administrative law). Manila: PCF Pub., 19-
  85. The Right to Dissent: The Rule of Law. Commencement Speech Delivered at the 4th Mid-Year Commencement Exercises, Manuel L. Quezon University, Manila, November 22, 1969. 19p.
  86. The Rule of Law Under Martial Rule: the Philippine Experience. 47p.
  87. The Rule of Law Under Martial Rule, in Philconsa Reader on Constitutional and Policy Issues; An Anthology of Writings From the Official Publication of the Philippine Constitution Association Concerning the National Polity. QC: UP Law Center, 1979. p. 665-712.
  88. Separation of Powers: The Three Departments of the Philippine Government. Manila: Supreme Court, 1980. 233p.
  89. Separation of Powers: The Three Departments of the Philippine Government. 2nd ed. Manila: Supreme Court, 1985. 454p.
  90. State Policy on Labor Relations Law: the Constitutional Aspect, in Aspects of Philippine Labor Relations Law, 1971. QC: UP Law Center, 1971. p.212-268.
  91. The Success of a Mission; the First Phase. 8p.
  92. Supremacy of the Constitution: Constitutionalism and Judicial Review. 141p.
  93. The Supreme Court, Judicial Review, and Human Rights: Reflections on the Constitutional Philosophy of Justice Malcolm. 21p.
  94. The United Way: the Challenge and the Response. 8p.
  95. Universal Declaration of Human Rights: Role of State Constitutions by E. M. Fernando and Enrique Q. Fernando Jr. 38p.
  96. The Ways of the Law: On Schools of Juristic Thought. 111p
  97. The Ways of the Law: Random Thoughts of a Neophyte on the Bench. Manila: MNS Pub., 1968. 111p.
  98. The Writ of Liberty Under Martial Law: Malcolm on Habeas Corpus Revisited, in 3 International Conference of Appellate Magistrates, Philippine International Convention Center, Manila, January 9 to 15, 1977, p. 43.
  99. A Year of Accomplishment: 1983 Annual Report of the Supreme Court. Manila: Supreme Court, 1983. 62p.
  100. A Year of Anticipation and Preparation: 1982 Annual Report of the Supreme Court. Manila: Supreme Court, 1982. 91p.
  101. A Year of Determined Effort: 1981 Annual Report of the Supreme Court. Manila: Supreme Court, 1981. 208p.
  102. A Year of Endeavor for the Philippine Judiciary: 1980 Annual Report of the Supreme Court. Manila: Supreme Court, 1980. 66p.
  103. A Year of Transitions for the Philippine Judiciary: 1979 Annual Report of the Supreme Court. Manila: Supreme Court, 1979. 34p.


Periodicals:
  1. Chief Justice Claudio Teehankee : His Views on Human Rights and the Rule of Law. 6 CJJ No. 1, 43 (Jan.-April 1986)
  2. Farrales, Stella Dadivas. Justice Claudio Teehankee. Benchmark 11 (Jan. 1975)
  3. Fernan, Chief Justice Marcelo R. A Tribute to Chief Justice Teehankee. 3 Lawyers Rev 12, 46 (Dec. 31, 1989)
  4. Justice Claudio Teehankee. 2 Lawyers D No. 1, 1 (Oct. 15, 1984)
  5. Liwag, Senator Juan R. The President and his Secretary of Justice. 33 Lawyers J 38 (Feb. 28, 1968)
  6. Manglapus, Hon. Raul S. Chief Justice Teehankee : A Filipino Name. 3 Lawyers Rev No. 12, 45 (Dec. 31, 1989)
  7. Paño, Judge Ernani Cruz and Prof. Daniel T. Martinez. The Supreme Court Story. 1 Barrister Bul No. 3, 6 (June 1989)
  8. Presidential Cronies and the Judiciary. (editorial). 34 Lawyers J No. 1, 1 (Jan. 31, 1969)
  9. Teehankee, Hon. Claudio. A Case Without Parallel and Precedent. 31 ALJ No. 1, 11 (Feb. 1987)
  10. The Edifice of Justice. 2 Lawyers Rev No. 4, 1 (April 30, 1988)
  11. JBL : Paladin of the Philippine Judiciary. 3 JIBP No. 2, 83 (1975).
  12. Law in Development. (alternative law). 1 Alternative No. 4, 25 (Oct. 1987)
  13. A Lifetime Dedication to the Rule of Law. (tribute to Chief Justice Roberto Concepcion) 15 JIBP 142, 153 (Mar.-June 1987)
  14. A New Regime of Justice. Fookien Times Yearbook 1966. p. 190.
  15. A New Wave of Hope for the Speedy Administration of Justice. Fookien Times Yearbook 1967. p. 230.
  16. The Problem of Congestion and Delay Revisited. Fookien Times Yearbook 1968. p. 254.
  17. Right to Silence and Counsel Existed Before 1973 Constitution. 1 Judicature News No. 8, 1 (July 9 - Aug. 4, 1986)
  18. Roberto Concepcion : Champion of the Rule of Law. 24 UST Law Rev No. 2, 3 (Sept.- Oct. 1973).
  19. The Role of the Prosecutor. 7 CJJ No. 2, 22 (May-Aug. 1987)
  20. A Word More on Presidential Cronies in the Judiciary. 34 Lawyers J No. 2, 41 (Feb. 28, 1969)

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