Dateline Ibalon

The Life and Legacy of Fr. Joaquin G. Bernas, SJ

Father Joaquin G. Bernas SJ was born on July 7, 1932, in Baao, Camarines Sur to Jose Bernas, a doctor, and Amparo Barlin Guevara. He was the second of twelve children in a devout Catholic family. His early life in Baao was marked by a strong sense of community and faith, which would later shape his vocation and career. Unfortunately, his father died when he was about to enter the seminary, and his mother had to raise her 12 children by herself.

Father Bernas as a young Jesuit priest (credit: Pasada Rinconada Camarines Sur)

He graduated as Salutatorian at the Ateneo de Naga High School, Class of 1950. He played basketball and was an avid reader, preferring westerns and detective books. By the time he was in his last year of high school, he was already giving priesthood some serious thought. Early on, the most significant influence on him was his Ateneo education and the spirituality of the Jesuits that proved to be an inspiration for him.

Bernas entered the Society of Jesus in 1950 at the age of 17. His Jesuit formation was rigorous and comprehensive, encompassing both spiritual and academic training. He earned his Bachelor of Arts degree in English, Latin, and Greek Classics from Berchmans College in 1956, followed by a Master of Arts degree in Philosophy in 1957. In 1962, he received his Bachelor of Laws degree from Ateneo de Manila Law School. He placed 9th in the bar examinations.

He was ordained as a priest in 1965 and later obtained a Licentiate of Sacred Theology from Woodstock College in 1966. He furthered his legal education with a Master of Laws and Doctor of Juridical Science from New York University in 1965 and 1968, respectively. He began teaching at the Ateneo de Manila Law School in 1966.  

Later, he held leadership positions with the Ateneo de Manila and the Philippine Jesuit community, including Dean of the Law School (for two separate terms, 1974-1976 and 2000-2004); Dean of the College of Arts and Sciences (1970–1971), Provincial Superior of the Society of Jesus (1976–1982), and President of Ateneo de Manila University (1984–1993). During his tenure, he contributed in shaping the university’s academic programs and fostering a culture of excellence and social responsibility. He is credited for initiating the policy that all Boards of Trustees of Ateneo schools in the country shall include lay persons as members, preferably alumni, and chaired by the same.

Contributions to constitutional law and legal education

Father Bernas had a profound impact on modern Philippine law, particularly through his contributions to constitutional law and legal education. These are some key aspects of his influence:

  1. 1987 Philippine Constitution – As a member of the 1986 Constitutional Commission, Father Bernas played a crucial role in drafting the 1987 Philippine Constitution. Appointed by President Corazon Aquino, he brought his extensive legal expertise and deep understanding of constitutional law to the commission. His expertise in constitutional law helped shape the document, ensuring the protection of fundamental liberties and human rights. His work on the Bill of Rights and the system of checks and balances was particularly significant.
  2. Legal Education – He was a dedicated educator at the Ateneo de Manila University, where he served as dean of the Ateneo Law School and president of the university. He influenced generations of law students with his profound knowledge and dedication to teaching constitutional law and public international law.
  3. Publications – He authored several influential books and articles on constitutional law, including “The 1987 Constitution of the Republic of the Philippines: A Commentary” and “Constitutional Structure and Powers of Government: Notes and Cases”. These works continue to be essential references for legal scholars, practitioners, and students.
  4. Advocacy for Human Rights and Social Justice – Beyond his academic work, he actively supported programs and initiatives aimed at helping marginalized and disadvantaged communities. His commitment to social justice and human rights extended to his involvement in various legal and civic organizations.
Father Bernas, a Jesuit priest, educator, and constitutionalist (credit: CMFR Philippines)

To elaborate further, Fr. Bernas’ contributions were instrumental in shaping the 1987 Constitution of the Republic of the Philippines, particularly in the following areas:

  1. Bill of Rights – Fr. Bernas was a key advocate for the protection of fundamental liberties and human rights. He emphasized the importance of safeguarding individual freedoms against potential abuses by the state. His work on the Bill of Rights ensured that these principles were enshrined in the new constitution.
  2. System of Checks and Balances – He played a significant role in designing the system of checks and balances within the government. This framework aimed to prevent the concentration of power in any one branch of government and to ensure accountability and transparency.
  3. Human Rights and Social Justice – His deep commitment to social justice and human rights was reflected in his contributions to the constitution. He advocated for provisions that would protect the rights of marginalized and disadvantaged communities, ensuring that the constitution would serve as a foundation for a just and equitable society.
  4. Legal Expertise – As a renowned constitutional expert, he provided valuable insights and guidance throughout the drafting process. His extensive knowledge of constitutional law helped shape the final document, making it a robust and comprehensive framework for governance.

Quotable Comments by Fr. Bernas

On the need for checks and balances:

“The purpose of separation of powers and ‘checks and balances’ is to prevent concentration of powers in one department and thereby avoid tyranny. But it comes with a price, and it is the risk of a degree of inefficiency and even the danger of gridlock.”

On the creation of autonomous regions in the Cordilleras and Muslim Mindanao:

“One of the riches of the Filipino nation is the diversity of cultures found in it. These diverse cultures, as matter of right, must be allowed to flourish. No one culture should be allowed to crush any other. Thus, the basis for the establishment of autonomous regions is homogeneity of the culture and distinctiveness from other cultures, and not just geographic incident.”

Books on constitutional law authored by Fr. Bernas SJ

Fr. Bernas served as a friend of the court (amicus curiae) and as a resource person in media. He wrote an opinion column “Sounding Board” for the Philippine Daily Inquirer. He weighed in on Charter change discussions, the divisive Reproductive Health Law where he stated a legal position that some critics thought was contradictory to that of the Catholic Church, and other contentious issues of the day — simplifying legal jargon into everyday language. On the multi-party system as provided by the 1987 Constitution, he made this observation:

While the system was designed to foster political parties based on vision and principles, the reality has been quite different. Instead of principled parties, the political landscape has been dominated by parties of convenience, political butterflies, and a lack of serious political thought. He highlighted that the multi-party system was intended to encourage a more democratic and representative political environment. However, what evolved were parties that often shifted alliances and lacked a coherent ideological foundation. He concluded that this has led to a fragmented political landscape where personal interests and short-term gains often take precedence over long-term vision and principles.

His latter years

Fr. Bernas is affectionately nicknamed “Bernie” by his fellow Jesuits and “Father B” by his students. Among his relatives, he was known as “Quining.” In 2007, his family and friends, including students past and present, and classmates from the Ateneo Law School Class of 1962 gathered to celebrate his 75th birthday. The Bernas clan prepared a video titled “My Brother, The Priest”– the highlight of the special occasion. It showed the celebrant as a young boy, a Jesuit novice and a lawyer, along with clips of testimonials and greetings from well-wishers. It recounted the time when his father died six months after he entered the seminary. He asked to leave the priesthood to help his mother care for his eleven siblings, but was prevailed upon by his superiors to stay. He was not the only religious in the family; his two sisters were Benedictine nuns. The late Sister Bernardita served as the President of St. Agnes College in Albay. Sister Bellarmine was the former President of St. Scholastica’s College in Manila and also served as Superior of the Order of St. Benedict (OSB) in the Philippines.

After his retirement from active work, one would by chance see Fr. Bernas strolling on the Ateneo grounds in Rockwell or Loyola with his rosary on hand. His health however began to fail during his latter years. He passed away on March 6, 2021, at the age of 88. His contributions to the fields of law, education, and constitutional governance have left a lasting impact on the Philippines. His legacy as a Jesuit priest, educator, and constitutional expert continues to inspire and guide future generations.

The header image was featured in Our Brew’s article “The Constitution Explained by a Man for Others” written by Joey Salgado, March 8, 2021. This piece was written by Jojo De Jesus for Dateline Ibalon based on material published by the Ateneo de Manila University and the Philippine Province of the Society of Jesus, including the references listed below. He also thanks Vicente Ll. Ramirez, Jr. for his valuable input. He is one of our business advisors and a key figure in the Baao Historical and Cultural Society.

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