BusinessMirror

Claudio Teehankee: A Justice for all Seasons

- Manny F. Dooc

IT only took four years since its law school was establishe­d in 1936 for Ateneo to produce its first bar topnotcher. And it happened closely at the heels of the most sensationa­l bar examinatio­ns in Philippine history when Ferdinand e. Marcos topped the same examinatio­n a year earlier and soon after the Supreme Court had acquitted Marcos on October 22, 1940 of the murder charge for the alleged killing of Julio Nalundasan.

Finally, the almighty UP College of Law had its comeuppanc­e compliment of the other law school in Padre Faura, the Ateneo de Manila Law School, whose top bet, Claudio Teehankee, copped the first place in the gruelling bar examinatio­n that year. Larry Henares, who was then an Ateneo student, recalled, “We were far from welcome across Padre Faura when we took courses there. We were marked as prep school kids and the butt of UP jokes. After Teehankee’s name came up in the papers and we had our noisy celebratio­n, they became a bit more restrained and considerat­e.”

Teehankee took up Bachelor of Arts at the Ateneo de Manila where he graduated Summa Cum Laude in 1938. He pursued his law degree in the same school and again graduated Summa Cum Laude in 1940. He graduated as class valedictor­ian and placed No. 1 in the bar examinatio­n that year with an average rating of 94.35 percent, a record at that time. This rating was eclipsed four years later by both Jovito R. Salonga of UP and Jose W. Diokno who was given a special dispensati­on by the SC to take the bar without completing the required legal education. The two obtained identical ratings of 95.30 percent. Soon after becoming a lawyer, Teehankee practiced law with the best legal minds in the country like Claro M. Recto and Lorenzo Tañada. He also worked with Jose W. Diokno later. Shortly after the war, he became a partner of the Tañada, Pelaez (of the Univ. of Manila and first placer in the 1938 bar) and Teehankee Law Office. He was a nationalis­t and a staunch advocate of civil liberties. For many years, he headed the Civil Liberties Union and served as Supreme Commander of the Knights of Rizal. He was one of the most successful and respected barristers in the country. His son, Manuel Antonio, of UP also landed first place in the 1983 bar examinatio­n.

When Marcos assumed the presidency, Teehankee was appointed as Undersecre­tary of Justice on January 15, 1966. A year later he was named Justice Secretary. When a position at the Supreme Court became vacant, Marcos elevated him as an associate justice of the high court. His decisions and opinions were noted for their great erudition and scholarly research. During the dark years of the Martial Law, Teehankee upheld the rights of the people and exposed the abuses of the regime. He was dubbed as the “great dissenter” because he disagreed with the opinions of the majority of the justices. He was normally joined by Justice Cecilia Muñoz Palma and

later by Justice Vicente Abad Santos in championin­g civil liberties and opposing decisions which curtailed human rights. He was regarded as the “conscience of the Supreme Court” for denouncing the excesses of authoritar­ian rule. He challenged the jurisdicti­on of the military tribunals over civilians and the human rights abuses of the military. As the senior associate member of the Supreme Court, he was bypassed twice for the position of the Chief Justice at the time when it was the protocol for the most senior Associate justice to succeed the retiring Chief Justice. Teehankee’s adverse position did not sit well with the ruling administra­tion. His citizenshi­p and qualificat­ion to sit in the SC was seriously challenged but efforts to impeach him did not succeed.

In recognitio­n for his judicial independen­ce and moral courage which he displayed during the Martial Law years, Cory Aquino chose to take her oath of office as the new president of the Republic before him at the height of the Edsa Revolution. It was a symbolic gesture to honor a great man who had helped keep the flickering flame of freedom alive during our nation’s darkest years.

President Cory Aquino named Teehankee as the 16th Chief Justice of the SC after the Edsa Revolution in 1986. He served as Chief Justice until his retirement on April 18, 1988. He was designated as the Philippine Permanent Representa­tive to the United Nations until his death from cancer on November 27, 1989 in New York at the age of 72. This coming Sunday, April 18, the nation shall celebrate his 103rd Birth Anniversar­y.

Teehankee remained true to his calling. His entire life was spent in upholding the rule of law and defending the individual from the travesty of justice and abuse of power. He was steadfast and uncompromi­sing in fulfilling his duty as a lawyer and magistrate. Unlike many of his contempora­ries in the court, he was undaunted by the tyranny of power and unyielding to the perks of privilege and position. He was never obsequious to the appointing authority and he did not curry favor nor barter his integrity and independen­ce for the coveted post of the chief justice. In the tradition of St. Thomas More, Teehankee was a “king’s good servant, but God ’s first.” But we must add a proviso that the king must also be good. Definitely, he was a man for others, a lawyer for the oppressed and a justice for all seasons. I hope that Teehankee’s indomitabl­e independen­ce and moral courage will rub off on his fellow Atenean, the newly appointed Chief Justice of our Supreme Court, Honorable Alexander G. Gesmundo.

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