Marcelo Fernan Explained

Honorific-Prefix:The Honourable
Marcelo Fernan
Order:16th
Office:President of the Senate of the Philippines
Term Start:July 27, 1998
Term End:June 28, 1999
President:Joseph Estrada
Predecessor:Neptali Gonzales
Successor:Blas Ople
Order2:18th
Office2:Chief Justice of the Philippines
Term Start2:July 1, 1988
Term End2:December 6, 1991
Predecessor2:Pedro Yap
Successor2:Andres Narvasa
Nominator2:Corazon Aquino
Office3:111th Associate Justice of the Supreme Court of the Philippines
Term Start3:April 9, 1986
Term End3:June 30, 1988
Predecessor3:Lorenzo Relova
Successor3:Florenz Regalado
Nominator3:Corazon Aquino
Office4:Senator of the Philippines
Term Start4:June 30, 1995
Term End4:July 11, 1999
Office5:Member of Regular Batasang Pambansa from Cebu City
Term Start5:June 30, 1984
Term End5:March 25, 1986
Alongside5:Antonio Cuenco
Office6:Member of the Cebu Provincial Board
Term Start6:December 30, 1959
Term End6:December 30, 1961
Birth Name:Marcelo Briones Fernan
Birth Date:October 24, 1927
Birth Place:Cebu, Cebu, Philippine Islands
Death Place:Manila, Philippines
Party:LDP (1991–1999)
UNIDO (until 1986)
Alma Mater:University of the Philippines Diliman (LL.B)
Harvard University (LL.M)

Marcelo "Celing" Briones Fernan (October 24, 1927  - July 11, 1999) was a Filipino lawyer and political figure. He is the only Filipino to have served as both Chief Justice of the Supreme Court and as Senate President. He is also the third Filipino to have headed both the judicial and legislative branches of government, after Querube Makalintal who served as Chief Justice and Speaker of the Batasang Pambansa in the 1970s, and José Yulo, who served as Chief Justice and Speaker of the House of Representatives before 1946.

Early life

Fernan was born in Cebu, Cebu in 1927. In 1953, he graduated with a degree in law from the University of the Philippines. He went to Harvard University in United States to obtain his master's degree. He returned to the Philippines soon after to finally serve his profession as a lawyer, particularly in his home province. Soon, he became a litigator, a trial court lawyer.

Career

Early legislative career

In 1959, he was elected to the Cebu Provincial Board and served until 1961. He was also elected to the 1971 Constitutional Convention as a delegate from his home province and actively participated in its sessions, and committee meetings/hearings for the formulation of a new Constitution for the country then. In 1984, during the Marcos regime, he was elected to the Regular Batasang Pambansa, then the country's unicameral parliament with Antonio Cuenco, representing the at-large district of Cebu City under the banner of the opposition UNIDO party and actively scrutinized the bills presented by the administration lawmakers and delivered privilege speeches against the Marcos regime. On 1986, after the snap elections, he was the one of the opposition lawmakers who walked out when the administration lawmakers after a canvassing session that was then filled with debates and tensions, proclaimed then President Ferdinand E. Marcos and his running mate, then former Senator Arturo Tolentino as the winners of that year's snap presidential and vice presidential polls in which the opposition claimed was marred with fraud.

Judicial

In 1977, he was elected national president of the Integrated Bar of the Philippines, the country's national organization of lawyers.

After the People Power Revolution and the dissolution of the Batasang Pambansa, he was appointed by President Corazon Aquino as an Associate Justice of the Supreme Court and served until 1988 and acted also as Chairman of the Supreme Court Committee on the Revision of the Rules of Court and Chairman of the House Electoral Tribunal.

He was then promoted in 1988 as Chief Justice, the highest position of leadership in the Supreme Court and the judiciary and was Chairman of the Judicial and Bar Council, the country's screening body of the potential judges and justices and the Judiciary Planning and Implementation Office. During his term as Chief Justice, several bold judicial reforms were instituted, among them the judicial orientation and career enrichment program, updating of the Code of Judicial Conduct and the continuous trial program.

Presidential bid

He resigned as Chief Justice in 1991 to run as president of the country. He later accepted the offer of House Speaker Ramon Mitra as his vice presidential candidate of the Laban ng Demokratikong Pilipino. He was the first former Chief Justice to run for vice president. In the 1992 elections, however both lost to Fidel Ramos and Joseph Estrada, respectively.

Senate (As Senator, 1995-99 and Senate President, 1998-99)

In the 1995 elections, Fernan ran for the Senate under the Lakas- Laban coalition and was elected, his fourth time entrance in politics and was named as the Assistant Majority Leader and Chairman of the Senate Committee on Justice and Human Rights as well as the Chairman of the Senate Committee on Labor, Employment and Human Resources Development for the Tenth Congress (1995-1998) and authored several significant bills that became laws of the country, among these are: Republic Act 8246 or the Court of Appeals Regionalization Act, RA 8493 or the Speedy Trial Act of 1998, RA 8557 of the Philippine Judicial Academy, RA 8525 or the Adopt-a-School Act of 1997 and RA 8558 or the Underground Mine Workers Act.

He also sponsored RA 8247 or the Alien Social Integration Act of 1995. RA 8282 or the Social Security Act of 1997, and RA 8369 or the Family Courts Acts of 1997.

Fernan was elected Senate President, the top post of leadership in the Senate, and concurrently, the Chairman of the Commission on Appointments, a congressional body tasked to scrutinize and confirm presidential appointments at the opening of the 11th Congress in 1998. Under his leadership as Senate President, the Senate passed the Clean Air Act, the Visiting Force Agreement and the General Appropriations Act of 1999 and other various laws.

Death

Fernan resigned the Senate presidency on June 28, 1999, due to failing health. He was succeeded in his position by Senate President pro tempore, Blas Ople. Fernan became an ordinary senator and attended committee hearings and meetings and plenary sessions even in a wheelchair but died of cancer days later, on July 11 in Manila. He was buried in Cebu City. The Marcelo Fernan Bridge, the second bridge that connects Mandaue City to Mactan Island, was named after him.

Personal life

He was married to Eloisa Nolasco in 1955, having 9 children and 18 grandchildren. One daughter, Milagros Fernan-Cayosa became a member of the Judicial and Bar Council[1] from 2011 to 2019. He is also a grand-uncle to TV and movie personality Matteo Guidicelli.

Trivia

He is the only Filipino who has headed both the Judiciary as Chief Justice and Legislative Branch as Senate President. For weekends, he loved bringing his family to the beaches in Mactan, Cebu and Bogo to snorkel or to ride a pump boat to visit nearby islands. Marcelo Fernan loved to sing and among his favourite songs were "Feelings" and "Matud Nila".

See also

External links

Notes and References

  1. Web site: Aquino reappoints Fernan-Cayosa to JBC. September 28, 2022 . Inquirer.net. August 9, 2015.