Hilario Davide Jr.

Hilario Gelbolingo Davide Jr. (born December 20, 1935) is a Filipino lawyer, professor, diplomat, constitutionalist and former politician, who served as the 20th Chief Justice of the Supreme Court of the Philippines and Permanent Representative of the Permanent Mission of the Republic of the Philippines to the United Nations. As constitutionalist, Davide led the creation of the Legislative branch, and also wrote the most resolutions and the bulk of the 1987 Constitution of the Philippines, becoming its father and primary author.

On June 30, 2010, President Noynoy Aquino announced that Davide will head a truth commission that will investigate important issues in the country.

Early life and career

The sixth of seven siblings, Davide was born in Barangay Colawin, in Argao, Cebu to Hilario P. Davide Sr. (1904–2006), a retired Schools Division Superintendent, and Josefa L. Gelbolingo, a former public school teacher.

He completed his primary education at Argao Central Elementary School and secondary education at Abellana Vocational High School. In college, he went to the country's premier state university, the University of the Philippines Diliman, Quezon City where he earned his Associate in Arts in 1955, his Bachelor of Science in Jurisprudence in 1958, and his Bachelor of Laws degree in 1959. He took and passed the bar examinations given that same year.

From 1959 to 1963, Davide worked as private secretary to the vice-governor and later governor of the province of Cebu.

From 1962 to 1968, he was a faculty member of the College of Law of Southwestern University in Cebu City. This university, three decades later, would confer on him a degree of Doctor of Laws (Honoris Causa) in 1999.

Legislator and constitutionalist

Davide's first opportunity to get into the national scene was when he was elected as Delegate of the 4th District of Cebu to the 1971 Constitutional Convention (CONCON). He became Chairman of the Committee on Duties and Obligations of Citizens and Ethics of Public Officials. He was among three delegates who introduced the most number of reform proposals. The reforms adopted under the Constitutional Convention were, however, short-lived. Public unrest over deteriorating economic conditions and the suppression of political rights, as well as the desire of then-President Ferdinand Marcos to perpetuate himself in power, heralded the declaration of martial law in 1972.

In 1978, he was elected assemblyman for Cebu in the Interim Batasang Pambansa under the opposition party Pusyon Bisaya and became one of martial law's staunch critics. As an oppositionist in the ruling party-dominated legislative body, he was its first Minority Floor Leader. He filed the most number of bills of national significance, as well as resolutions to lift martial law. He also sought legislative investigations of graft and corruption in government and reported violations of human rights.

After the overthrow of the Marcos regime through the People Power revolt in February 1986, then-President Corazon C. Aquino convened the Philippine Constitutional Commission of 1986 and appointed Davide as one of its 50 Commissioners. He led the legislative branch article as chairman and filed the most resolutions including Resolution No. 9 which added legislative approval on martial law and a limited period on its validity, an impact which is still felt today.

COMELEC and the 1989 coup

In February 1988, President Aquino appointed Davide as Chairman of the Commission on Elections (COMELEC). He was the principal sponsor of the COMELEC's Rules of Procedure.

However, his stint in the COMELEC was cut short when President Aquino appointed him as Chairman of the Presidential Fact-Finding Commission to investigate the December 1, 1989 coup attempt in which military rebels meant to oust President Aquino. This presidential commission was tasked to conduct an investigation on the rebellion and the possible involvement of military and civilian officials and private persons. Furthermore, Congress passed Republic Act No. 6832 that enhanced the presidential commission's power through a broader Fact-Finding Commission to conduct a thorough investigation of the failed coup d'état and recommend measures to prevent the occurrence of similar attempts at a violent seizure of power.

Supreme Court

Associate Justice

On January 24, 1991, Davide was appointed by then-President Aquino as Associate Justice of the Supreme Court. From January 2, 1996, to August 30, 1997, he sat as a member of the Senate Electoral Tribunal. He was also the Working Chairman of the Court's Third Division from January 2, 1996, to September 7, 1997, and Chairman of the House of Representative Electoral Tribunal from September 1, 1997, to November 30, 1998.

Chief Justice

On November 30, 1998, he was appointed by President Joseph Estrada as the 20th Chief Justice of the Supreme Court of the Philippines. He took his oath of office at the new Bonifacio Shrine in the City of Manila. He became known as the Centennial and Millennial Chief Justice.

He was the presiding judge in the impeachment trial against then-President Estrada in December 2000. When the popular protests spilled into the streets, his timely intervention on behalf of "the welfare and will of the people" by administering the oath of office as president to then-Vice-President Gloria Macapagal Arroyo. By declaring her the constitutional successor it averted potential violence and military takeover of power, and brought the crisis to an end. Although the moral authority of the Supreme Court carried the day, Davide's action was further bolstered by a precedent setting Supreme Court decision, effectively putting an end to the question of the legitimacy of Vice-President Arroyo's succession to power.

Retirement

Davide retired as chief magistrate on December 20, 2005, after he reached the mandatory retirement age of 70.

However, on January 24, 2006, President Arroyo appointed him as Senior Presidential Adviser on Electoral Reforms during a Council of State meeting convened by the President. He recommended measures and policies to the President that would help reform the country's electoral system.

United Nations

Davide served as Ambassador/Permanent Representative of the Permanent Mission of the Philippines to the