DON MANUEL CLEMENTE FERNANDEZ

Requiem for a Kagay-anon Lawyer, Public Servant and Statesman

CAGAYAN DE ORO CITY – It’s fascinating how something as catastrophic as the global pandemic can lead to a tribute to a Pioneer Kagay-anon Lawyer, Public Servant, and Statesman who most present-day Kagay-anons know so little about.

Which is quite a pity, given how Don Manuel Clemente Fernandez (1895-1971) gave so much of himself in service to the people of not only to the town of Cagayan de Misamis (now Cagayan de Oro City) and Misamis Oriental province, but perhaps most of all, to the citizens of the Philippines as one of the country’s foremost and vigorous advocate of constitutionalism.

During the July 30 book launch of his book “MicroHistories: Essays from the Lock-Down Years”, author Roberto Luis F. de la Fuente, who is Don Manuel’s grandson, paid tribute to his late forebear.

“Don Manuel C. Fernandez, or “Manolo” to his kin and close friends, is unquestionably one of northern Mindanao’s most estimable and note-worthy sons: not only was he an accomplished lawyer, but more importantly, a committed public servant and consummate statesman. As a government official, he exemplified probity, strength of character, and love of country. His extraordinary life and enduring legacy thus deserve to be remembered and celebrated not only by us, his descendants, but also by the good people of Cagayan de Oro and Misamis Oriental, whom he had selflessly served in various capacities during his lifetime,” de la Fuente said.

Aside from serving as provincial fiscal of Misamis Oriental, Don Manuel was also elected municipal councilor of Cagayan de Misamis for several terms: from 1922 to 1925, then 1925 to 1928; again re-elected from 1931 to 1934. Most importantly, on March 24, 1934 he was elected as one of the 202 delegates to the 1934 Constitutional Convention (representing the province of Misamis Oriental) which drafted the 1935 Philippine Constitution that was duly ratified by the Filipino people in a plebiscite that same year.

As delegate, Don Manuel was a member of five committees: Sponsorship (the most powerful, also known as the Comité de Ponencia); Official Language (Lenguaje Oficial); Civil Service (Servicio Civil); Impeachment (Juicio de Residencia); and, Nationalization and Conservation of Land and Natural Resources (Nacionalización y Conservación de Terrenos y Recursos Naturales).

Coincidentally, July 30 was also the same date in 1934 when the Constitutional Convention to draft the Constitution of the Commonwealth of the Philippines convened for the first time at the Legislative Building (now the National Museum for Fine Arts) in Manila where Don Manuel represented the province of Misamis Oriental.

The records of the Proceedings of the 1934 Constitutional Convention would likewise bear out that Don Manuel also contributed to the drafting of the Bill of Rights, more particularly the provision that guarantees freedom of religion, and upholds the principle of separation of church and state. Don Manuel was all of 39 years old and in the prime of his life, when he endeavored to carry out the mandate he received from his constituents. Based on what may be gleaned from records extant, it is beyond cavil that Don Manuel had proven himself worthy of the trust reposed on him by the people of Cagayan de Oro and Misamis Oriental.

In his keynote address, Judge Vincent Bautista Rosales, the son of Henrietta “Tita” Bautista Rosales whose father was the bosom friend of Don Manuel, stressed the importance of his contributions to the Constitution.

“A constitution serves as a cornerstone for a functioning democracy, ensuring the protection of individual rights and promoting good governance. By respecting the constitution, citizens can ensure that their rights are protected and the government remains accountable and responsive to our people,” Rosales emphasized.

He stressed how the 1935 Constitution was drafted ‘by a constitutional convention representing a cross section of Philippine Society. Notable personalities during that, convention were Elpidio Quirino, Jose Laurel, Claro Recto…’

Being a colony of the United States, the United States Congress passed a series of laws known as organic acts beginning with the Phil Organic Act of 1902, and later the Tydings-Mcduffie Act of 1934 which led to the 1935 Constitution…The 1935 Constitution provided the legal basis of the Commonwealth Government which was considered a transition government before the granting of the Philippine independence with the American inspired constitution; the Philippine government would eventually pattern its government system after the American government. It has been said that the 1935 Constitution was the best written Phil Charter ever as later constitutions copied/amended some of its provisions.

Rosales further digressed on why a country needs a constitution: To establish fundamental rights: Protect individual freedoms, such as freedom of speech, assembly and equality; Define Government Structure by outlining the framework of government, including separation of powers and checks and balances; Promote Stability and Order, by providing a foundation for laws and governance, ensuring predictability and consistency; Limit Government power, by preventing abuse of authority and protecting citizens from arbitrary actions; and not the least, Foster National Identity by reflecting a nation’s values, principles and history by promoting unity and shared citizenship.

“To Don Manuel, we owe him the ‘Non establishment Clause and Free Exercise Clause on Religion’ of the 1935 Constitution which traces to the Sept 7, 1934 constitutional precept authored jointly with Jose Artadi entitled “Proyecto De Precepto Constitucional Prohibiendo A  La Legislatura Establecer O Prohibir Religion Cualquiera” (Draft constitutional precept prohibiting the legislature from establishing or prohibiting any religion),” Rosales added.

He was an earlier proponent of a bicameral legislature, which became a reality when in 1940 the Constitution was amended abolishing the unicameral legislature originally intended by the 1935 Constitution. This change involved Resolution No. 73, which created the Senate and an electoral tribunal. The amendment effectively reversed the original design of the 1935 Constitution, which had established a unicameral National Assembly.

Not the least, he actively sponsored several constitutional precepts. His invaluable contributions to the 1935 Constitution did not go unnoticed by the good people of Cagayan de Oro. In gratitude and recognition of its beloved son, Dolores St was renamed as Manuel Clemente Fernandez St. pursuant to a City Ordinance in July 26, 1985.

Philanthropist & Humanitarian

Not so well-known is the fact that during his lifetime, Don Manuel was a philanthropist and civic-minded benefactor who generously donated to worthy causes, and mentored law students as well as new lawyers. After he left government service, he took on numerous pro bono cases, extending legal assistance to indigents and those who otherwise could not afford to hire lawyers to represent them.

“There was always a queue of indigent people lining up at his office even when he was already retired,” de la Fuente shared. “He would not only render free legal advise to them, but also fed them and bought slippers for those who were barefoot.”

On July 26, 1985, the Sangguniang Panlungsod of Cagayan de Oro City enacted Ordinance No. 1845 entitled “An Ordinance Renaming Dolores Street To Manuel Clemente Fernandez Street and For This Purpose, Directing the City Engineer To Install Appropriate Signs Thereat,” authored and sponsored by the late Kagawad Lourdes M. La Viña.

De la Fuente remarked how it has been forty (40) years since the said ordinance was passed. “For those of you who find numerology fascinating, ’40’ is a biblically-significant number, recurring no less than 159 times throughout both the Old and New Testaments. The number ’40’ purportedly symbolizes “completion” and “fulfillment”, as well as the number of years comprising a generation,” he noted.

Although the book can be purchased at the Ortigas Foundation Library gift shop in Greenhills Shopping Center in San Juan City, Metro Manila (above Unimart), the first print run has been sold out  and will soon be replenished by the author.

The book launch was graced by Cagayan de Oro City Vice Mayor Jocelyn “Bebot” B. Rodriguez, Judge Tess Rana-Bernales and Judge Corazon Gaite-Llanderal, the author’s schoolmates and members of the UP College of Law Class of 1991; Atty. Greg Pallugna, president of the Integrated Bar of the Philippines – Cagayan de Oro chapter; Ms Richel I. Pajara, chief librarian of the Misamis Oriental Provincial Library; Mary Jean Burias, Misamis Oriental Provincial Board Secretary representing Vice-Governor Jeremy G. Pelaez, Ms. Bianca Malbas, the book’s editor, and Ms. Kate del Rosario, the book designer.

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