Bohol Tribune
Opinion

Stare Decisis

By Atty. Julius Gregory B. Delgado

AN ELEGY FOR FR. JOAQUIN G. BERNAS, CONSTITUTIONALIST, BAR TOPNOTCHER, TEACHER, PRIEST

Yesterday, the Society of Jesus in the country announced the passing of one of their most illustrious priests, Fr. Joaquin G. Bernas. Born in Baao, Camarines Sur on 07 July 1932, Fr. Bernas became a lawyer in 1962 by placing 9th in the Bar Examinations that year. He finished his Masters of Law and Doctor of Juridical Science in New York University. Aside from becoming Father Superior of the Jesuits in the Philippines and President of the Ateneo De Manila University, Fr. Bernas is best remembered as a member of the 1986 Constitutional Commission which drafted the 1987 Philippine Constitution.

I had the privilege of becoming his student in Constitutional Law when I was still studying at the Ateneo Law School. It was at that year that he ended his second tenure as Dean of the ALS. He previously served as Dean from 1972 to 1976. Like his homiliesduring his masses, Fr. Bernas was erudite in his teaching and went straight to the crux of the controversy and what the law or the case wants to elicit. As he passed on today, I wish Fr. B a safe and enjoyable journey home to God Almighty. To him, I offer this elegy coming from my heart:

Mr. Delgado, are you wrong or are you wrong?

I am wrong, Fr.

Why are you wrong, then?

It is not enough that you realize you are wrong

You must examine why you were wrong, where did you go wrong

In times of chaos and discord

A lawyer taught in the majesty of the law

Must not fly high mighty with sense of entitlement and infallibility

Self-examination and deep reflection, to know the right direction

It is easy to be submissive to the status quo

It is easy to bend to the mighty and sway with the wind

But the rustling of leaves are howls of the weak and the poor

The wails of the marginalized and the oppressed

A document you co-wrote almost 35 years ago

Reminds us to cherish our freedoms and defend our hard-fought liberties

Article III, 22 sections define the rights of the citizens

More than collection of letters, this is the sum of our ideals

It is in this night of uncertainty that we must toil

To ensure that what you taught will be applied into practice

Lurking in our midst is an evil axis

We must use the might of the paper scroll to fight until the battle is won

The best way to honor you is to live each day asking, “What have I done to protect the freedom of others? What have I done to liberate them from injustice and oppression? What have I done to defend the poor and the weak?” For you have not only taught us to become great men and women of the law, but more importantly, you have made us lawyers for others. Thank you and rest in peace, Fr. Joaquin G. Bernas, Constitutionalist, Bar Topnotcher, Teacher, Priest.

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