Joaquin Bernas, SJ, Constitutionalist, scholar, man for others 


PAGBABAGO

Dr. Florangel Rosario Braid

Among the many tributes given to Joaquin Bernas were his invaluable contribution in building the country's constitutional democracy by interpreting the intent of the 1987 Constitution during the many times it had been challenged. But he was a man of many virtues and talents, best remembered according to former fellow framers of the Constitution who joined  Fr. Ruben Orbeta (who presided at a virtual wake), former students, professors, officials, and staff at the Ateneo Law School, as  the most outstanding in constitutional law and jurisprudence, and "extraordinary" according to former Supreme Court Chief Justice Hilario Davide; the "encyclopedia" of the Constitutional Commission, says Chris Monsod, a "beautiful mind" according to Ed Garcia , and a "balancing force" who provided harmony during the deliberations, according to Wifrido Villacorta.

I remember how he showed the fine distinctions among the various rights - civil liberties, political, and economic freedoms when he steered discussion of the committee's draft Bill of Rights at the plenary. When I asked him about people's right to access to information and right to communicate in order to serve their basic needs, as the present provision merely granted rights to civil liberties, his reply was that  the Bill of Rights merely deals with rights that are operative by themselves and do not need implementing action, meaning that claims or demands that are not self-executory like social and economic rights which are not traditional rights and therefore fall under Social Justice. They cannot be enforced against anybody by judicial action, he said. But he noted that in recent years, through the influence of socialism and help from the teaching of Popes, there had arisen these concerns for social and economic rights such as those  that would protect citizens -  good working conditions, rights, employment, protection from poverty and disease, and yes, right to access to information that they need.

I further recall the time, a week after completing the final draft, after 111 days of daily sessions, when I invited Fr. Bernas to write a column.  I had then returned to the Inquirer where I had taken a leave of absence as president . He gave his famous chuckle and self-deprecatory remarks but he gladly obliged. I left the paper shortly after it ceased to be a cooperative but he  stayed on for several years. He said he enjoyed the feedback and was receiving but he did quit after a few years.  He did  however return in 2000.and had been regularly writing until he became bedridden.  Later, our small ConCom alumni group would meet at the Bernas Room at Rockwell to discuss issues - federalism, Bangsamoro, among others.

Even before the  EDSA  People Power  revolution, we were already much involved in the many socio-political concerns of the country through Manindigan, an organization of businessmen, academics, civil society activists, among them Mon del Rosario, Peter Garrucho, Narz Lim, Tattie Licuanan, Bertie Lim, Ching Escaler and Fr. B, who carried on the advocacy of  the "parliament of the streets." I recall that memorable Saturday afternoon when at a meeting at the San Miguel office of  a member, the late Jimmy Ongpin, we heard rumors of people gathering at EDSA. The rumors were true and the rest is history.

We continued to meet in the succeeding years - at the Asian Institute of Management, Mon's  or Ching's place, and other places. Fr. B, as we know had  been a source of wisdom and courage and idealism through his participation in the Convenors; Group that advised President Cory and several other initiatives in nation-building.

Even the number of superlatives are inadequate to describe this "man who became a Jesuit as he wanted to be a priest and something else because he did not want to be confined in the sacristy:. Thus, he became "all things to men - a priest, teacher, law dean, university president, scholar, Inquirer columnist, framer of the Constitution, amicus curiae of the Supreme Court", according to Ed Garcia who further noted now he mentored many and acted as companion and counselor, and who, in all his actions was "unafraid to speak the truth and to share his wisdom."  In the Bill of Rights, we note how he championed the right to life, and to prevent any return to authoritarianism and abuses of executive authority.

Among the accolades used by his Ateneo colleagues were these phrases describing his "peerless reputation" as being "larger than life"  and his deep  spirituality. Many find his humor and wit disarming; He reached out, he listened, and always acted with kindness and humility.

We now say farewell to a friend and colleague who had helped us discover the best of our selves, and  inspired us to reach to the stars.

My e-mail, [email protected]