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News News Excerpts RP leaders pay respect to
Fernan Fernan brought 'home' to Supreme
Court Justices bid Fernan, a 'great' man,
good-bye Supreme Court pays final tribute to former
Chief Justice Fernan Marcelo Briones Fernan, Noy Celing, died at 4:10 pm
Sunday, July 11, 1999 in the Makati Medical Center. He was
71 years old. Former Chief Justice Fernan was honoured by his
colleagues in the judiciary on July 12 at the Supreme Court
building which he built during his term as chief magistrate.
Chief Justice Hilario Davide Jr. led members of the
judiciary in honoring Noy Celing. Also present were former
Chief Justices Enrique Fernando and Andres Narvasa, and
former President Corazon Aquino. On July 13, President Estrada and Congress leaders led by
acting Senate President Blas Ople will pay their respects to
the late Senate President. The Senate suspended its sessions
to July 14 in deference to Noy Celing's passing away. In Cebu, all national flags in all towns and cities in
the province were raised at half-mast from July 13 until Noy
Celing's burial on Friday, July 16. His remains were flown home to Cebu on the morning of
Wednesday, July 14 aboard a Philippine Air Force C-130 and
were taken directly to his Nivel Hills residence. A wake was
held there until Friday morning. A necrological service was
held Friday at the Redemptorist Church prior to the burial
at 2:00 pm in the Cebu Memorial Park.
The Freeman. July 12, 1999 By FLEUR C. LUNTAO CEBU yesterday lost one of its most illustrious sons.
Senator Marcelo B. Fernan is dead. He died at a Makati
hospital of the same lingering illness that forced him to
give up the Senate presidency. He was 71. Fernan had been battling cancer and diabetes since last
year. The official cause of his death was, however,
attributed to cardiac arrest. He held the Senate presidency for 11 months but gave up
the position only last June 28, making good a promise to
step down when his health begins to stand in the way of his
performance. He had, in a statement upon resignation, hoped
to win the "most difficult personal battle" of his life. The senator quietly passed away at about 4:20 p.m. at the
Makati Medical Center where he had been confined since June
13. His wife Eloisa and their nine children were at his
bedside. A medical staff said Fernan's blood pressure had
gone down on Saturday. He was still responding to medication
early yesterday but fell unconscious later. He remained that
way until his death. Fernan's remains lies in state at the Sanctuario de San
Antonio Chapel at Forbes Park in Makati City. His body will
be flown home on Wednesday. His burial is scheduled on
Friday, July 16, after a funeral mass at the Redemptorist
Church here. Fernan's health started to falter after he underwent an
operation to remove a benign lesion in his right lung last
September. Fernan continued to report to the Senate in a
wheelchair. He was scheduled for another operation to
correct a fractured hip but this was called off because of
his weakened condition. He chose to ignore his health and
kept on with the pressing work of legislation until his
resignation last month. President Estrada, upon learning of Fernan's death, said
Fernan had "set standards of public service which some
public officials will find difficult to emulate." Fernan was
Estrada's personal choice for Senate president against
formidable opponents like Senators Blas Ople, Franklin
Drilon and Aquilino Pimentel. When he stepped down as Senate president, Fernan left his
partymates squabbling over who should succeed him. The
scenario forced Estrada to step in and arbitrate as titular
head of the ruling LAMP. His colleagues were, however, one
in grieving over the loss of a true leader. Ople said the nation lost "a statesman and a patriot of
the first order." "The Senate has lost an able leader and
beloved guide. I have also lost a very good friend," Ople
said. Drilon, for his part, said the Senate will miss Fernan's
wisdom, leadership and integrity. "The country and the
Filipino people shall be poorer morally and intellectually
with the passing of The Chief," Drilon said. He added that
"it will take a long time for the country to witness another
national leader in the mold of Mr. Fernan. His devotion to
the public interest, his eminent contributions in the
judiciary and legislature as well as his unblemished public
record are his legacy to the nation he served so well,"
Drilon said. Fernan was the first Filipino to hold the top positions
in the judiciary and the legislature. He had served as chief
justice before giving it up for a failed bid for the vice
presidency in 1995. His passing away ended 40 years of dedicated public
service. (With TODAY News Service and PNA)
RP leaders
pay respect to Fernan The Freeman. July 13, 1999 By FLEUR C. LUNTAO Staff Member NATIONAL and local leaders yesterday paid respect to
former Senate President Marcelo B. Fernan, who died Sunday
of a lingering lung cancer. His colleagues in the Senate suspended their special
session yesterday after a brief opening ceremony in
deference to their former chief. The chamber will also suspend its session today to give
way to necrological services for Fernan at the session
hall. Senators will take turns paying tribute to Fernan.
Afterwards, the body will be returned to the Santuario de
San Antonio in Forbes Park. The House of Representatives, for its part, set aside its
agenda for the opening of the five-day special session and
cut short the plenary proceedings. The congressmen unanimously adopted a resolution,
principally authored by Speaker Manuel Villar, expressing
the chamber's "condolences and deepest sympathy to the
family of a great Filipino statesman." Necrological rites were also held at the Supreme Court
yesterday. Fernan was the country's Chief Justice from 1988
to 1992. In Cebu, all national flags in all towns and cities in
the province will be raised at half mast beginning today
until Fernan's burial on Friday. Gov. Pablo Garcia yesterday ordered all local government
units to raise their flags at half mast in deference to the
death of Fernan. At Villamor Air Base, Fernan will be given military
honors before his body will be flown home in a private plane
tomorrow morning. He will be on the 16th, Friday. Cebu officials are expected to meet the remains of Fernan
at the airport which they will escort to his residence at
Nivel Hills for the funeral wake. He will be laid to rest at the Cebu Memorial Park. News of his passing away was initially met with shock,
then later a feeling of terrible loss, by the Cebuanos. Already weakened by cancer, his colleagues were still
hoping to see Fernan recover. The Provincial Board opened its regular session with a
silent prayer for the late Chief Justice and Senate
President. It cancelled all matters up for discussions except a
resolution, approved in mass motion, extending their
condolences to the bereaved family. The board members said they join the Cebuanos in the
outpouring of grief, gratitude and kind words for an
illustrious leader. "The honorable life he led is itself the column that
rises to veer towards the heaven, the evidence of his
nobility writ in inscriptions more durable in remembrance
than that on his epitaph," the board said. The board members said the Cebuanos declare to the whole
nation to "See a sight worthy of God - a good man who
struggled with adversity and was measured superior to
it." The provincial government is also asking the Fernans if
they are considering a funeral wake at the Capitol. Fernan was a board member in 1962. Fernan was to be awarded as one of the outstanding
Cebuanos during its 430th founding anniversary this
August. The governor said the awarding rites will proceed as
planned with Fernan to be posthumously honored for his
invaluable contributions. The late senator was earlier bestowed a lifetime
achievement award by a 32-member multisectoral council in
Cebu. Kind words in memory of Fernan kept on coming. Garcia said it will take Cebu "another century to produce
another Celing." Wherever Fernan went, he established good rapport, Garcia
said. "He wanted to be a friend to all. He wanted to be fair to
everybody," the governor added. Fernan's greatest feat, according to Garcia, was his
ability to cross political lines without meeting enemies
along the way. Fernan is the first Filipino to have held the top
positions of two co-equal branches in government - the
judiciary and the legislature. At the City Hall, officials said Cebu lost a great leader
equal that of Don Sergio Osmena. For his part, incoming Senate President Blas Ople said
his predecessor lived an exemplary life and excelled in
everything he did and "at the same time he set standards of
competence, civility, and patriotism that will be difficult
to match. We in the Senate shall carry on and be true and
faithful to his ideals." Vice President and Social Welfare Secretary Gloria
Macapagal said the death of Fernan is "an irreplaceable loss
in public service." " [He] will be fondly remembered for putting
public interest over and above everything else throughout
his unmatched government service. His dedication to truth
and justice will be sadly missed," Arroyo said. The opposition Lakas-NUCD-UMDP-Kampi issued a statement
saying it "shares the nation's grief." "The death of Celing Fernan leaves a vacuum that will
take a long time to fill," the party said. Fernan died of lung cancer at 4:20 pm Sunday at the
Makati Medical Center. He was 71. He had, even until his resignation as Senate President
last June 28, tried to conceal his state of health. With TODAY News Service
Sun.Star Daily Cebu, July 13, 1999 LOCAL governments in Cebu are displaying the Philippine
flag at half-staff to mourn the passing of a favorite son,
Sen. Marcelo Fernan. The flags will remain at half-staff until Fernan is
buried on Friday at the Cebu Memorial Park in Banilad, Cebu
city, Gov. Pablo Garcia said in his order to all the
municipalities. In Manila, President Estrada and Senate
leaders paid their last respects yesterday to the late
Senate president at a necrological service at the
Senate. Vice President and Social Welfare Secretary Gloria
Macapagal-Arroyo described Fernan's demise as an
irreplaceable loss to public service. "Former Senate president and Supreme Court chief justice
Fernan will be fondly remembered for putting public interest
over and above everything else throughout his unmatched
government service," she said. The Senate suspended yesterday and today its special
session in deference to Fernan. Senators belonging to the majority and minority blocs
also adopted Senate Resolution 499 recognizing Fernan's
outstanding performance as a public servant, particularly
during his nearly one-year stint as Senate president. House move At the House of Representatives, congressmen joined the
Filipino nation in mourning Fernan, who succumbed to lung
cancer last Sunday. In a resolution sponsored by Speaker
Manuel Villar, lawmakers expressed their grief over the
untimely death of Fernan, who in his 40 years of public
service, repeatedly showed his "principled voice." At Cebu City Hall, acting Mayor Renato Osme¤a said
he can follow the Capitol and have the flag displayed at
half-staff. Mandaue City already had its flag hoisted at half-staff
since noon yesterday. The Cebu Provincial Board, to express their sorrow and
sympathy over Fernan's death, decided not to discuss or pass
any resolution or ordinance during yesterday's session,
except for one expressing condolences to the Fernan
family. "In life, he proved his virtues by deed and in its
conclusion, so shall he, by deed, be honored for it -such as
our outpouring of grief, gratitude and kind words by a
grateful people that in the future will exalt his name even
as they mourn his passing now," the resolution said. The Province will be coordinating with Fernan's family
for the holding of the senator's necrological services in
Cebu, although Garcia said this may not necessarily be held
at the Provincial Capitol. Garcia said the Province will
still grant Fernan the "Great Cebuano Leader Award"
posthumously during its 430th founding anniversary on Aug.
6. Resolutions Meanwhile, acting Cebu City Vice Mayor Michael Rama said
the Council will pass a resolution honoring Fernan at the
session tomorrow. He wants Councilor Manuel Legaspi to file
the resolution since Legaspi, like Fernan, also served as
president of the Cebu city chapter of the Integrated Bar of
the Philippines. In a separate interview, Legaspi said he will deliver a
privilege speech at the session. "A resolution is too short. A privilege speech could
better emphasize Senator Fernan's achievements," Legaspi
said. The Mandaue City Council will adopt a resolution today
expressing the Mandauehanons' deepest sympathy and profound
condolences to the bereaved family. The Mandaue City Council
described the late senator as "an epitome of a true public
servant whose work and performance was unequalled in terms
of dedication, competence, probity, humility and
integrity." Lapu-Lapu City Vice Mayor Norma Patalinjug also said the
City Council will pass a resolution tomorrow expressing deep
regret for Fernan's passing. She spoke in behalf of Mayor Ernest Weigel Jr. who left
for Manila yesterday morning on official business. Other
reactions: Acting Mayor Osmena said Fernan's death is a "great loss"
not only to Cebu city but to the country. Fernan is a close
family friend of the Osme¤as. He worked with Renato's
uncle, Ramon, in a law firm and was legal counsel to
Renato's grandfather, Don Sergio. Both IBP Cebu city president Pedro Rosito and Cebu
province acting president Alice Morada said the IBP members
will join the necrological rites on July 16 as their way of
expressing their respects to a former IBP official. Fernan was a president of the IBP Cebu city chapter and
the national office before he was appointed chief justice of
the Supreme Court. "He enjoyed the admiration and highest
respect of his colleagues in the IBP and was revered by all
justices, judges and personnel of the judicial branch," said
Rosito. Rosito said he will ask National IBP President Arthur Lim
to give the eulogy on behalf of the IBP members
nationwide. Regional Trial Court Executive Judge Galicano Arriesgado
expressed shock over Fernan's death. "I thought he could
recover. He is a great loss not only to Cebuanos but also to
the nation as a whole," he said. Judges and prosecutors will meet today to decide what
they will do to honor Fernan. Arriesgado said the Cebu courts may not be able to give a
necrological service because of the very limited number of
judges, but City Prosecutor Primo Miro said they may able to
do this if all prosecutors agree to do so. Governor Garcia and his elder brother Jesus Garcia Sr.,
in separate interviews, said they consider Fernan's demise a
great loss to the country. Both agree that it will take long
before any Cebuano could surpass his feat of being the only
Filipino who has ever occupied top seats in the Supreme
Court and in the Senate. "It will take us a long, long time, perhaps another
century, to produce another Celing," said the governor.
Former congressman Celestino Martinez Jr. of Bogo, Cebu said
Fernan is considered "the father of Bogo and we, his people,
are saddened by his untimely death." Mandaue Councilor Carlo
Fortuna, whose mother is a third-degree cousin of Fernan,
described the late senator as a statesman and not a
politician. "A politician only thinks of the next elections
while a statesman thinks of the next generation," said
Fortuna. Mandaue Councilor Wenceslao Gakit said the death of
Senator Fernan is a great loss not only to the Cebuanos but
also to the Filipinos. Fernan partly funded the construction
of several schoolbuildings in the city. One of his last
deeds was to fund the establishment of the Bakilid National
High School. Lapu-Lapu City Councilor Eugenio Espedido said
Fernan united the Cebuanos when he headed two of the three
branches of government. "It is difficult for a Filipino to become chief justice
and then Senate president," he said. Fernan was chief justice from 1988 to 1991 during the
time of then president Corazon Aquino. He ran for vice
president in 1992 but lost to Joseph Estrada. He was elected
senator in 1995. He was Senate president from last year
until last June 28, when he stepped down due to his
deteriorating health. Fernan was also a delegate to the 1971 Constitutional
Convention and assistant minority floor leader of the
Batasang Pambansa in 1982. His remains will be given military honors on Wednesday at
Villamor Air Base, after which he will be flown to his
residence in Nivel Hills, Lahug in Cebu city. He will be
buried Friday at Cempark.
Fernan brought
'home' to Supreme Court Philippine Daily Inquirer, July 13, 1999. By Lynda T. Jumilla, Cathy Cañares-Yamsuan and
Donna S. Cueto THE LATE Senate President Marcelo Fernan yesterday came
back ''home'' in a shower of white roses and sampaguita to
the Supreme Court, of which he was once chief justice, and
was borne in a bed of tributes from a former President,
justices and other government officials. His colleagues at the Senate tried to give back as much
as they received from him and devoted yesterday's session to
fond remembrances of the ''Chief.'' His provincemates in Cebu are flying the Philippine flag
at half-mast until Friday when their ''Manong Celing'' will
be buried in Cebu City. Former President Corazon Aquino was among those who paid
their last respects to Fernan in the stately Supreme Court
building, which he helped construct when he was the 19th
chief justice from 1988 to 1991. Ms Aquino called him a ''perfect gentleman.'' ''He really honored me with his excellent performance at
the Supreme Court,'' she told reporters. It was Ms Aquino who appointed Fernan associate justice
in April 1986. In 1991, Fernan wrote the Supreme Court
decision barring dual and multiple positions for Cabinet
officials. Chief Justice Hilario Davide Jr. and two other former
chief justices, Andres Narvasa and Enrique Fernando, also
paid homage to Fernan. Flowers and a flag Court employees showered Fernan's gleaming casket with
white rose petals and sampaguita when navy soldiers in white
carried it into the grand session hall at 1:50 p.m. The casket itself was decked with white orchids and the
Philippine flag. White wreaths were hanging on the walls of
the tribunal. Justices who were waiting for him on the building stairs
walked to the gate to welcome their returning colleague. ''Even at his weakest, he was driven by the desire to
serve his country,'' said Davide in his eulogy. ''It's not very often that a man becomes chief justice
and Senate president,'' said Narvasa, who had succeeded
Fernan as chief justice. Fernan was one of the kindest souls he had ever known,
said Narvasa. Fernan's remains will be brought to the Senate this
morning. Hail to the Chief Up to his last breath, the Senate that he led and loved
was foremost in his mind. It was only fitting then that the
Senate give back as much as it got by devoting yesterday,
the first of five days of a special session, to fond
remembrances of him. Led by acting Senate President Blas Ople, the 22
remaining senators adopted a resolution in praise of the
soft-spoken, mild-mannered man they called ''Chief.'' ''The country had the good fortune of having been served
by a leader with unparalleled wisdom, untainted public
record and great devotion to public interest,'' the senators
said in the resolution. ''Under his able stewardship, the Senate adopted vital
legislative measures such as the concurrence to the Visiting
Forces Agreement, the Clean Air Act, the Y2K Compliance Act,
and amendments to the Philippine Export Zone Authority
law.'' Fernan, 71, passed away Sunday afternoon after a brief
but burdensome bout with lung cancer. What he had called
''the most difficult battle of my life'' proved to be as
long--or short--as his 10-month stint as Senate
president. Final choice Before he stepped down, he made sure the chamber's
affairs were in order. These included the Senate leadership,
the object of a fierce rivalry between Ople who was then
president pro tempore, and majority leader Franklin
Drilon. On the night of June 23, President Estrada paid Fernan a
visit at the Makati Medical Center, on the request of the
ailing Senate chief. A source in Fernan's family said that during his visit,
Mr. Estrada asked Fernan who his choice was for Senate
president. Fernan said his choice was Ople, the source said, and the
family believes this helped the latter clinch the
President's ''endorsement.'' On June 28, Fernan stepped down from the Senate
presidency. Barely two weeks later, he was dead. Home burial Today, Fernan will be honored by the Senate in
necrological services to be attended by President Estrada
and past Senate presidents and former senators. Tomorrow, Fernan's body will be flown to his Cebu City
residence in Nivel Hills, Barangay Lahug. He will be buried at the Cebu Memorial Park (Cempark),
after a 2 p.m. requiem Mass on Friday at the Redemptorist
Church along Elizabeth Pond, Cebu City. The Philippine flag was flown at half-mast starting
yesterday at all public offices and buildings in the four
component cities and 48 towns of Cebu province. This is ''a tribute to an able leader and respected
statesman,'' said Resolution No. 2495-99 passed yesterday by
the Cebu provincial board. To the mountain top Individually, the senators also paid tribute to
Fernan. Sen. Juan Ponce Enrile, Fernan's fraternity brother,
said: ''He continued to serve and lead the Senate even while
suffering under severe physical conditions brought about by
his illness, for which I believe he will always be
remembered with utmost respect and admiration.'' Sen. Francisco Tatad remembered Fernan as ''a quiet,
dignified and kindly Christian gentleman who rose to the
mountain top without shouting to those down below.'' Sen. Raul Roco remembered Fernan for keeping his pain to
himself while carrying on with his duties. ''He gave the last golden days of his life to the Senate
when the hours and minutes must have meant so much,'' Roco
said. Power imbalance Apart from leaving a leadership vacuum, Fernan's death
also changes the balance of power in the Senate. With him gone, the Senate membership is now evenly
divided into 11 senators from the Laban ng Masang Pilipino
(LAMP) and 11 others from minority political parties. Tatad warns that this one-on-one ratio will bring little
comfort to LAMP because ''it no longer has an automatic
majority.'' The non-LAMP senators consist of five from Lakas-NUCD
headed by minority floor leader Teofisto Guingona and six
others collectively known as ''OTHERS'' based on the first
letters of their surnames: Sergio Osmeña III, Tatad,
Gregorio Honasan, Juan Ponce Enrile, Raul Roco and Miriam
Defensor Santiago. According to Drilon, the OTHERS senators remain LAMP
allies. But Honasan and Enrile yesterday said they will join LAMP
as soon as the second regular session of Congress opens on
July 26. The LAMP and OTHERS senators are all expected to vote for
acting Ople when he formally seeks the chamber's highest
post on that same day. Whoever loses to the one who becomes Senate president is
automatically designated minority leader. House homage Tatad, however, said that even if the majority bloc is
assured of the cooperation of OTHERS, LAMP can do better by
actively including them in decisions ''with respect to the
other positions'' in the chamber. He was referring to all appointed positions below the
Senate presidency, including president pro tempore and
majority leader, which Ople has already agreed to assign to
Sen. John Osmeña and Drilon, respectively. At the House of Representatives, the 150 members in
attendance last night adopted a resolution expressing
condolences to the family of ''a great nationalist and
statesman.'' But, contrary to expectations, House members chose to
proceed with the day's business, unlike their Senate
counterparts who suspended their own session shortly after
the roll call. The resolution, authored by Speaker Manuel Villar,
particularly took note of Fernan's accomplishments as a
lawmaker before his Senate years: He was a delegate to the
1971 Constitutional Convention and of the Batasang Pambansa
in 1982 where he rose to become assistant minority
leader. The Volunteers Against Crime and Corruption said Fernan's
passing is also a big loss for anti-crime crusaders. VACC president and chair Dante Jimenez said his group
will give Fernan a posthumous award for his services as
chief justice. ''Victims of crimes and other forms of violence recognize
him for this and hope his character and vision will be
emulated by all public servants,'' said a VACC
statement. With a report by Cynthia A. Borgueta and Doris
Bongcac, PDI Visayas Bureau; Jerome Aning, Volt
Contreras
Justices bid
Fernan, a 'great' man, good-bye Manila Times. July 13, 1999 By Nes Barrameda and Aries Rufo,
Reporters THE judiciary yesterday paid its last respects to former
Chief Justice Marcelo Fernan, who was described in a eulogy
by incumbent Chief Justice Hilario Davide Jr. as a "noble
soul." Fernan, the only chief jurist who became Senate
President, died of lung cancer Sunday at the Makati Medical
Center. He was 71. "Celing," as Davide and his peers at the high bench
fondly called Fernan, "was truly a great man, a noble soul,"
Davide said. "For us in the Supreme Court, he has a special place in
our hearts. We remember him not only as the 19th Chief
Justice of the Court. We remember him for his legacies." Fernan is credited for writing the Supreme Court decision
in early 1991 that barred dual and multiple positions for
Cabinet officials. He also authored the policy requiring a 90-day speedy
trial for criminal cases and designated special criminal
courts for cases involving heinous crimes. Davide said Fernan "was a man of outstanding achievement
and advocate of freedom, a jurist par excellence, a model
public servant, a great Filipino." He was appointed to the bench by former President Corazon
Aquino shortly after the February 1986 EDSA revolution. He
became chief justice on July 1, 1988. He hung his black robe on Dec. 8, 1991 to run for the
position of vice president in the 1992 elections. He lost to
then Vice President Joseph Estrada. He won a Senate seat in
1995 and became Senate President last year. Last political act At the Senate, it was learned that Fernan wanted Sen.
Blas Ople to be his successor. This, he intimated to
President Estrada, who visited him at the Makati Medical
Center days before he formally resigned as Senate chief. A member of the Fernan family, who requested anonymity,
said that during the visit, Estrada asked the ailing Fernan
who his personal choice for the Senate presidency was. Fernan clasped Estrada's hand and said, "Kung pwede si
Ople na lang." The President merely nodded his head in
reply. This emotional appeal of the late senator apparently
swayed Estrada, who was still then undecided about who to
endorse for the coveted post. When Estrada backed Ople over contender Sen. Franklin
Drilon, Fernan urged his colleagues to give their
unqualified support to Ople. Tribute Yesterday, in a tribute to the deceased Senate leader,
senators set aside their usual business and adjourned
immediately after a minute of prayer for Fernan's soul. Colleagues from the ruling Laban ng Masang Pilipino
(Lamp) and the opposition said Fernan's death was a "great
loss" for the Senate and the nation. Vice President and Social Welfare Secretary Gloria
Macapagal-Arroyo said in a statement that Fernan will be
"fondly remembered for putting public interest over and
above everything else throughout his unmatched government
service." Sen. Raul Roco said the former Senate president gave the
"last golden days of his life to the Senate when hours and
minutes must have meant so much. He kept his pain within the
bosom of his family as though as Senate President he could
treat his life as a private matter when others would prefer
to talk of their ailment as though the public deserves to
share in their illness." House resolution At the House of Representatives, Speaker Manuel Villar
sponsored a resolution expressing "condolences and deep
sympathy" to the Fernan family. With his passing away, the resolution said, "the country
has lost one of its most distinguished, dedicated and
selfless leaders." Fernan was a delegate to the 1971 Constitutional
Convention and was elected to the Batasang Pambansa in 1982.
He was a staunch opposition leader as the legislative
chamber's assistant minority floorleader. The opposition Lakas-NUCD-UMDP-Kampi, through spokesman
Hernando Perez, said in a statement that it shares the
nation's grief over the death of Fernan. "The death of Celing Fernan leaves a vacuum that will
take a long time to fill. A gentleman who remained honorable
up to his death, Celing Fernan is a tough act that we fear
no one can follow," Perez said. The Volunteers Against Crime and Corruption, through
Dante Jimenez, will be giving the former Senate president a
posthumous award for his services rendered as chief
justice. Necrological services Yesterday, Fernan's remains were brought for necrological
services to the Supreme Court at 1:50 pm. Eulogies were
recited in the court session hall at 4:30 pm. Fernan was transferred to the Santuario de San Antonio in
Forbes Park at 6 pm. Another necrological service was held
there at 8 pm. At the high court session hall, the past and the present
in the judiciary merged. Former Chief Justices Enrique Fernando, who headed the
Martial Law Supreme Court, and Andres Narvasa joined Davide
in bidding goodbye to Fernan. "In a very real sense, this is not a moment to bid
goodbye to him; it is a time for us in the court to express
once more our everlasting gratitude to Chief Justice Fernan.
Our lives may be poorer with his departure, but surely
richer with his touch," Davide said. Today, Fernan will be honored at the Senate. To give way to the mass and necrological service for
Fernan, the Senate will again not hold any session today. On
Friday, some senators will be flying to Cebu where Fernan
will be laid to rest. This means the Senate will have only two days to tackle
the four priority bills submitted by MalacaÒang for
the special sessions this week. Ruling party Fernan's death will unlikely affect Lamp's hold on the
Senate leadership because of the entry of Senators Juan
Ponce Enrile and Gregorio Honasan into the ruling party. Both senators confirmed yesterday that they are joining
Lamp apparently to boost their reelection bid in the
senatorial elections in 2001. Honasan said he is joining Lamp because the party
represents "the ideals which I am fighting for--pro-people
and pro-environment." Enrile, who is Honasan's political
mentor, merely said: "Hayaan na lang natin sa magagaling
'yung opposition." [Let's leave the opposition to the
good senators.] The entry of the two senators will raise Lamp's
membership in the chamber to 13, enough to continue the
party's dominance. Two other senators, Sen. Miriam Defensor-Santiago and
Francisco Tatad, are also reportedly joining Lamp. Tatad has however denied he is joining the party, while
Santiago is presently in the US for a scholarship.
Manila Bulletin. July 13, 1999 By REY G. PANALIGAN Former Chief Justice and Senate President Marcelo
Briones Fernan was honored by his colleagues in the
judiciary in necrological services yesterday at the Supreme
Court building which he built during his term as chief
magistrate. Chief Justice Hilario G. Davide Jr. led members of the
judiciary in honoring Fernan who passed away last Sunday at
the Makati Medical Center. Former President Corazon C. Aquino, who was present in
the necrological services, described Fernan as "a perfect
gentleman who honored me with his sterling performance as
Chief Justice." Today in the Senate, President Joseph Estrada, members of
the Senate, and leaders of Congress will pay their last
respects to Fernan. Fernan was appointed associate justice of the Supreme
Court by then President Aquino in 1986. Two years later, he
was appointed by Mrs. Aquino as Chief Justice, a position he
held until 1991 when he retired to run for the Senate. In his eulogy, Davide said it was impossible to fill the
void left by Fernan, not only in the Supreme Court but also
in the Senate. "He was truly a great man, a noble soul," he
said. "In a very real sense, this is not a moment to bid
goodbye to him; it is a time for us in the Court to express
once more our everlasting gratitude to Chief Justice Fernan.
Our lives may be poorer with his departure, but surely
richer with his touch," Davide said. it was during Fernan's tenure as Chief Justice that the
Tribunal adopted the system of continuous trial in the lower
courts, the updating of the Code of Judicial Conduct, and
the implementation of the judicial orientation and career
enrichment program for judges, particularly for the new
appointees. Davide said Fernan's love for the judiciary did not end
with his tenure in the Senate. He said it was Fernan who
authored the Court of Appeals reorganization law which would
make the second highest court of the land more accessible to
litigants, the Speedy Trial Act, and the Philippine Judicial
Academy Law. It was Fernan who sponsored the Family Courts Act of
1997, Davide said. "Chief Justice Fernan led the entire judiciary through
trying times, as the nation was then reeling from the
effects of being suddenly awakened to democracy," he
added. Former Chief Justice Andres R. Narvasa who succeeded
Fernan as chief magistrate said it was hard for him to think
that his close friend had passed away. "He was usually very alive, always smiling, and was
energetically going around," Narvasa said. He added that Fernan "was one of the kindest persons I
ever knew, he always had a good word to all he had been in
contact with." "Fernan was a very well-organized person, conscientious
and dedicated. We were close friends," Narvasa added. Ombudsman Aniano A. Desierto said that "Fernan's career
was a difficult path to follow." "To me, he was a model family man and an exemplary public
servant," Desierto said. Many Supreme Court officials and employes shed their
"tears of joy." "We know that Chief Justice Fernan will not
receive his reward from the Heavenly Father." President Estrada and Congress leaders will pay their
last homage to the late Senate president Marcelo B. Fernan
in a necrological service at the Senate today as Senate
suspends its session until Wednesday in deference to
Fernan's demise. Sen. Blas Ople, who presided at yesterday's opening of
the four-day special session, made the announcement as he
led other senators in expressing their sincerest sympathy
and condolences to the surviving families of Fernan. Senators belonging to the Senate majority and minority
blocs also adopted Senate Resolution No. 499 recognizing
Fernan's outstanding performance as a public servant,
particularly during his almost oneyear stint as Senate
chief. "He has demonstrated to the highest degree the true
meaning of leadership and the virtue of impartiality,
integrity, competence and dedication in the discharge of his
duties, endearing him to his peers and constituents," the
resolution said. "The country had the good fortune of having been served
by a leader with unparalled wisdom, untainted public record
and great devotion to public interest, this august chamber
endeavors to continue his legacy," it added. Fernan's remains shall be given military honors on
Wednesday at Villamor Air Base before it will be flown to
his native residence in Nivel Hills, Lahug, Cebu City where
he will be eventually interned at Cebu Memorial park. Senate Majority Leader Franklin Drilon announced that the
22-member Senate will temporarily suspend its special
session today in order to give way to the necrological
service to be rendered in honor of Fernan. The Senate will hold instead morning and afternoon
sessions on Wednesday and Thursday to deliberate on five
administration-espoused measures which President Estrada
wanted to be passed soon. Ople, who is expected to succeed Fernan, expressed
apprehension that the two bills pertaining to the 1995 peace
agreement in Mindanao may remain "unacted upon" unless the
House leadership act with dispatch on these measures. "Unless the reported deadlock at the House committee
level on the two measures is broken, the Senate will have
nothing to discuss and pass during the special session," he
said in an official statement. However, he also expressed commitment that the Senate
will act on the two measures expeditiously until the impasse
is resolved to avoid "going back to square one" the peace
accord between the government and Muslim insurgents. These two measures include the proposed New Organic Act
for the Southern Philippines and the proposed deferment of
the September 13 Autonomous Region of Muslim Mindanao (ARMM)
election. (Ferdie J. Maglalang) Following is the schedule of today's activities in the
Senate: -9 a.m. - Arrival of the body of the late Senate
President Marcelo B. Fernan -2 p.m. - Mass at the session hall -3 p.m. - Necrological services, session hall, Senate of
the Philippines The necrological rites will begin with an invocation by
Sen. Nikki Coseteng, followed by orations by Sen. John
Osmena, Minority Leader Teofisto Guingona Jr., Majority
Leader Franklin M. Drilon, former President of the Senate
Neptali A. Gonzales, acting Senate President Blas F. Ople,
and President Joseph Ejercito Estrada. The response will be given by Marcel Fernan, Jr. Speaker Manuel B. Villar said yesterday: "It is with deep sadness that we learned about the
passing away of one of the most dedicated and selfless
leaders the country ever had. "Sen. Marcelo Fernan's demise is as much of a loss for
his family as it is for the Filipino people. "He was a principled leader, who until his final days,
dedicated his life to serving the Filipino people. "His exemplary leadership, manifested when he led two of
the three branches of government, as chief justice of the
Supreme Court and Senate president, showed us a new kind of
untainted leadership marked by integrity and a deep
commitment to public service. "I join the entire nation in mourning the loss of a great
leader and public servant." Manila Mayor Jose Atienza Jr. said yesterday: "One of the country's most revered leaders has passed
away. This is a big loss not only for the Senate but for the
Filipino people as well. In behalf of the City of Manila, I
would like to extend our deepest condolences to the loves
ones of Senator Celing Fernan." Atienza said that Fernan will be remembered with fondness
by a people grateful for his contributions to the cause of
freedom and democracy as well as his legacy of honest and
dedicated public service. "He was one of those who staunchly fought to liberate the
Filipino people from the clutches of tyranny, long before it
becams fashionable. After the restoration of democracy in
1986, he had a distinguished career in public service, first
as Chief Justice of the Supreme Court, where he instituted
much needed judicial reforms, and later on as a member of
the Senate, where he capped his stint as one of the most
respected presidents of that august chamber," Atienza
said. "His courage as a freedom fighter will forever be etched
in our collective memory, and I am also confident that he
will be regarded in history as the epitome of an honest and
dedicated public servant. In behalf of all ManileÒos,
we would like to say - Paalam, Ka Celing." Sigma Rho Council president Ed Escueta called on all of
his brother Sigma Rhoans to be at Sanctuario de San Antonio
Parish, Forbes Park, Makati at 7 p.m. today, July 13, to pay
their final respects to their recently departed Brother
Senate President Marcelo B. Fernan. "We request all Sigma Rhoans to be present so we can all
pay our last respects to a great man whom we can all be
proud of as a brother," Esceuta said. Fernan, a former Surpeme Court chief justice and
president of the Senate when he died, belonged to Batch '48
of the Sigma Rho.
Congress adjourns
special meet in deference to Fernan The Philippine Star. July 13, 1999 By Efren Danao Congress adjourned its special session yesterday to pay
tribute to former Senate President Marcelo "Celing" Fernan,
who succumbed to cancer last Sunday. The Senate and the House of Representatives also adopted
separate resolutions expressing the chambers' sympathy and
condolences following the death of Fernan. "As the highest official of this august chamber, he has
demonstrated to the highest degree the true meaning of
leadership and the virtue of impartiality, integrity,
competence and dedication in the discharge of his duties,
thereby endearing him to his peers, constituents and the
people working under him," read Resolution 499, authored by
acting Senate President Blas Ople. It also stated that during a brief stint as Senate
president, Fernan left the "indelible mark of his
statesmanship and leadership." "The country had the good fortune of having been served
by a leader with unparalleled wisdom, untainted public
record and great devotion to public interest," the
resolution added. For his part, Speaker Manuel Villar Jr. said in a House
resolution that the country "lost one of its most
distinguished, dedicated and selfless leaders." "We express deep sadness on his passing away and we join
the family and the nation in mourning the death of this
great nationalist and statesman," the House resolution
said. Senate Majority Leader Franklin Drilon said he and his
colleagues would miss Fernan's wisdom, leadership and
integrity. Drilon described these traits displayed by Fernan as "so
rare today." "The country and the Filipino people shall be poorer
morally and intellectually with the passing of the `Chief,'"
he added. Sen. Raul Roco cited Fernan's devotion to his duties. "He gave the last golden days of his life to the Senate
when hours and minutes must have meant so much. He kept his
pain within the bosom of his family as though as Senate
president he could treat his life as a private matter when
others would prefer to talk of their ailment as though the
public deserves to share in their illness," Roco said. Senate Minority Leader Teofisto Guingona Jr. said that
Fernan's humility, dedication and integrity are his lasting
legacy to his family, friends, the Senate and the
nation. Sen. Robert Barbers said that he would always admire
Fernan's "remarkable humility and quiet strength." "Despite his painful condition, the late Manong Celing
endeavored to maintain stability within the upper chamber
and continued performing his duties as Senate President,"
Barbers said. Sen. Juan Ponce Enrile, a Sigma Rho fraternity brother of
Fernan, said he had always held Fernan in the highest esteem
and respect "throughout his brilliant career." "He continued to serve and lead the Senate even while
suffering under severe physical conditions. He will always
be remembered with utmost respect and admiration," Enrile
said. The opposition Lakas-NUCD party also expressed its grief
over Fernan's passing. "His death leaves a vacuum that will take a long time to
fill. A gentleman who remained honorable up to his death,
Celing Fernan is a tough act that we fear no one can
follow," said party spokesman Hernando Perez. Fernan's body will be brought to the Senate this morning.
Necrological ceremonies at the chamber will be held in the
afternoon, shortly before it resumes its special
session. Earlier yesterday afternoon, the Supreme Court held its
own necrological rites for Fernan, a former Chief Justice.
He is the only Filipino to have held the posts of Senate
president and chief justice successively. Fernan's stint in public service started 40 years ago,
when he joined the planning board of Cebu City. Three years
later, he won a seat in the Cebu provincial board. In 1986, Fernan was appointed associate justice of the
Supreme Court. After three years, he became the 19th Chief
Justice. In 1992, he resigned from the post and ran for vice
president. He lost in that election but ran again and won as
senator in 1995. He became Senate chief in 1998. His body will be taken back to the Sanctuario de San
Antonio in Forbes Park tonight, then it will be flown to
Cebu City, his hometown, tomorrow morning. He will be buried at the Cebu Memorial Park on Friday
afternoon after a memorial mass at the Redemptorist
Church. "He died peacefully" Fernan's children said their father died peacefully and
with full acceptance of his fate. Daughter Maur Ledesma said the late Senate chief was fed
intravenously last Wednesday when he could no longer take
any solid food. "Last Monday, he even talked with (House Majority Leader)
Mar Roxas who visited him at the Makati Medical Center," she
said. Son Mike said his father suffered no prolonged pain
during his final days. "We heard no moaning during the three weeks that he was
at the hospital, and this is surprising because he was
suffering from cancer," he said. Maur said her father had a healthy heart when he
died. "The only problem was that his blood pressure was going
down," she added. The former Senate chief had already indicated his
readiness to accept his "greatest battle" when colleagues
and friends expressed fears that he might get infected with
chicken pox from another senator. "I hope I won't, but if that is the will of the Above, I
am ready to accept my fate," he said. Fernan also demonstrated that he gave greater priority to
his duties and responsibilities than his personal health. He
was determined to preside over the sessions, even though his
mobility was already limited by an injured hip. Fernan presided over the sessions in a wheelchair. He was
so weak that he could not stand up during the singing of the
national anthem. His aides would wheel him toward the flag,
and he would respectfully place his right hand over his
breast. His example put other senators to shame, many of whom,
even while perfectly healthy, shied away from the session
hall a number of times. Many things had been said of Fernan, but very few have
mentioned that he was an accomplished singer. This writer
noted his musical inclination during the Batasan days. In
1984, he had already had a karaoke-type one-man band in
which he sang with gusto. "We all sing in the family. Some play the piano and the
organ. But my father was the best singer," recalled his son
Marcel. This writer heard the Visayan song "Usahay" for
the first time from the late Fernan. This was in 1985 during
a pilgrimage to the Our Lady of Peñafrancia in Naga
City with other Batasan members and former Vice President
Salvador Laurel, then president of the united opposition
party UNIDO and a UP College of Law classmate of Fernan. He was also among the most humble of government
officials. Even as a chief justice, and later a senator, he did not
use his power and influence in an overbearing manner. This reporter remembers an instance in which Fernan
complained of the construction of a house that obscured the
view of the city from his own residence. Fernan, however, never used his considerable influence to
stop the construction of that house. "A perfect gentleman" Former President Corazon Aquino described the late Senate
chief as a "perfect gentleman." "He really honored me with his excellent performance at
the Supreme Court. I hope there will be more like him," she
said in an interview with reporters during the necrological
services at the Supreme Court along Padre Faura Street in
Manila. Fernan became associate justice in April 1986 and was
appointed Chief Justice in July 1988 until he retired on
December 1991 to run for public office. "He was a very kind person, a model father, a model
citizen and an exemplary public servant above all," said
Chief Justice Hilario Davide Jr. "He was a modern lawyer. He
was a very good friend of mine." Davide said he and Fernan were in the opposition during
the martial law years. They were also together as delegates
in the 1971 Constitutional Convention. One of the landmark decisions that Fernan wrote was the
Neptali Gonzalez vs Catalino case, in which he wrote
in 1991 that "Cabinet members are barred from holding dual
positions in government," according to Davide. "In a real sense, this is not a moment to bid good-bye to
him. It is a time for us in the Supreme Court to express
once more our everlasting gratitude to Chief Justice Fernan.
Our lives may be poorer with his departure, but surely
richer with his touch," Davide said. He added: "Throughout his later years, unknown to the
public, Celing was waging a war with his own body. Yet he
fought back, and for a time was winning the war, until human
frailty caught up with him. Clearly, even at his weakest, he
was driven by the desire to serve his country." For his part, retired Chief Justice Andres Narvasa, who
is Fernan's successor, expressed disbelief over Fernan's
death because "he was usually very alive, always smiling and
was energetically going around." "I think his real vocation was (as) a legislator, a
parliamentarian at first. It's not very often that a man
becomes chief justice and Senate president. He is a very
accomplished individual. It is a great loss to the country,"
Narvasa said. Ombudsman Aniano Desierto said the
justice-turned-senator's career was a difficult path to
follow. "To me, he was a model family man and an exemplary
public servant." No special polls to replace Fernan In other developments yesterday, Ople and Sen. Francisco
Tatad said there would be no special elections to fill two
vacancies in the Senate. Under the law, special elections should be held once the
House of Representatives or the Senate, through a
resolution, informs the Commission on Elections of the
vacancies. The vacancies in the Senate were created by the election
of then Sen. Gloria Macapagal Arroyo as vice president in
May 1998 and the death of Fernan. Ople said that filling the vacancy in the House or the
Senate is merely advisory, so there is no constitutional
obligation for either chamber to call a special poll. "There (have been) five vacant seats in the House for
some time now after the death of the occupants, but there
has been no move to hold special elections there," Ople
said. He said that the cost of holding a special election now
is another factor. Ople estimated that the government would
spend at least P800 million to hold such an election for two
senators. For his part, Tatad said there is no need for this poll
because those who win would only serve the unexpired terms
of Arroyo and Fernan, which last only up to June 30,
2001. "The period is too short to entail special elections. I
don't believe there would be anybody there who would be
willing to organize a political machinery nationwide and
spend so much money to vie for a seat with a term ending on
June 30, 2001," Tatad said. Meanwhile, Senators Juan Ponce Enrile and Gregorio
Honasan said they would join the administration party Laban
ng Masang Pilipino (LAMP) if invited. "If they want me, why not?" Enrile said. Enrile, an independent, is a member of the Senate
majority coalition and has been supporting the Estrada
administration. "There is no quid pro quo, no negotiation. I'm
just working for the welfare of the country," he said. He was elected to the Senate in 1995 under the Liberal
Party (LP). But when that party chose former Manila Mayor
Alfredo Lim as its standard-bearer in the 1998 elections, he
quit the LP and ran for president as an independent. Honasan said he would consider joining LAMP if offered.
He said he could accomplish more as a senator under the
ruling party. -- With Liberty Dones, Delon Porcalla,
wire reports
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