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 The chief justice of the Philippines () presides over the Supreme Court of the Philippines, Supreme Court and is the highest judicial officer of the government of the Philippines. As of April 5, 2021, the position is currently held by Alexander ...

and Permanent Representative of the Permanent Mission of the Republic of the

Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...

to the

United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...

. 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.

Early life and career

The sixth of seven siblings, Davide was born in

Barangay The barangay (; abbreviated as Brgy. or Bgy.), historically referred to as ''barrio'', is the smallest Administrative divisions of the Philippines, administrative division in the Philippines. Named after the Precolonial barangay, precolonial po ...

Colawin, in Argao, Cebu to Hilario Panerio Davide Sr. (1904–2006), a retired Schools Division Superintendent, and Josefa Lopez Gelbolingo, a former public school teacher. Davide Sr. though lacking in funds ensured all his children finished college. The children were disciplined from the beginning, and the boys had to learn how to gather ''tubo'' (

sugarcane Sugarcane or sugar cane is a species of tall, Perennial plant, perennial grass (in the genus ''Saccharum'', tribe Andropogoneae) that is used for sugar Sugar industry, production. The plants are 2–6 m (6–20 ft) tall with stout, jointed, fib ...

). The young ''dodong'' (boy) Jun enjoyed riding on a sledge harnessed by a carabao to gather ''tubo''. No leisure was allowed until schoolwork and house chores were completed. 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 The University of the Philippines Diliman (also called UPD; ), also referred to as UP Diliman, is a State university and college (Philippines), public, coeducational, Research university, research university located in Diliman, Quezon City, Ph ...

, 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. In his first year of law he joined the honor society, "Order of the Purple Feather", then in his last year was a member of two honor societies called Phi Kappa Phi and Pi Gamma Mu. In addition, Davide edited for the school journal, the Philippine Law Journal. 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 Cebu ( ; ), officially the Province of Cebu (; ), is a province of the Philippines located in the Central Visayas region, and consists of a main island and 167 surrounding islands and islets. The coastal zone of Cebu is identified as a ...

. From 1962 to 1968, he was a faculty member of the College of Law of

Southwestern University Southwestern University (Southwestern or SU) is a Private college, private Liberal arts colleges in the United States, liberal arts college in Georgetown, Texas. Formed in 1873 from a revival of collegiate charters granted in 1840, Southwester ...

Cebu City Cebu City, officially the City of Cebu, is a Cities of the Philippines#Legal classification, highly urbanized city in the Central Visayas region of the Philippines. According to the 2020 census, it has a population of 964,169 people, making ...

. This university, three decades later, would confer on him a degree of

Doctor of Laws A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...

(

Honoris Causa An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...

) in 1999.

Legislator and 1971 Constitutionalist

Davide's first opportunity to get into the national scene was when he was elected as Delegate of the 4th District of

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 Ferdinand Emmanuel Edralin Marcos Sr. (September 11, 1917 – September 28, 1989) was a Filipino lawyer, politician, dictator, and Kleptocracy, kleptocrat who served as the tenth president of the Philippines from 1965 to 1986. He ruled the c ...

to perpetuate himself in power, heralded the declaration of

martial law Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...

in 1972. In 1978, he was elected assemblyman for Cebu in the

Interim Batasang Pambansa The Interim Batasang Pambansa ( English: Interim National Assembly) was the legislature of the Republic of the Philippines from its inauguration on June 12, 1978, to June 5, 1984. It served as a transitional legislative body mandated by the 1 ...

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.

1986 Constitutionalist

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 An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...

(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 In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

. 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 Maria Gloria Macaraeg Macapagal-Arroyo (; born April 5, 1947), often referred to as PGMA or GMA, is a Filipino academic and politician who served as the 14th president of the Philippines from Presidency of Gloria Macapagal-Arroyo, 2001 to 2010 ...

. 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 Moral authority is authority premised on principles, or fundamental truths, which are independent of written, or positive laws. As such, moral authority necessitates the existence of and adherence to truth. Because truth does not change the princip ...

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.

Post-Judicial career

Davide retired as

chief magistrate A chief magistrate is a public official, executive or judicial, whose office is the highest in its class. Historically, the two different meanings of magistrate have often overlapped and refer to, as the case may be, to a major political and admi ...

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 An ambassador is an official envoy, especially a high-ranking diplomat who represents a state and is usually accredited to another sovereign state or to an international organization as the resident representative of their own government or so ...

and permanent representative of the Permanent Mission of the Philippines to the

in New York City. He assumed this post in February 2007. Shortly after his assumption, he was elected vice chairman of the Economic and Social Council (ECOSOC), one of the main organs of the United Nations. He resigned his post on April 1, 2010.

Truth Commission

On June 30, 2010, President Noynoy Aquino announced that Davide will head a truth commission that will investigate important issues in the country. However in December 7, 2010, the Truth Commission was struck down in Biraogo v. Philippine Truth Commission. The court stated that the president had the power to create the commission and that it would aid the ombudsman's power to investigate anomalies in the government. However, it violated the equal protection clause for allowing Davide to only lead in the investigation of the anomalies of the Macapagal Arroyo administration, which just recently ended at that time.

Post-political career

Davide is the independent director of the

Manila Bulletin The ''Manila Bulletin'' () (also known as the ''Bulletin'' and previously known as the ''Manila Daily Bulletin'' from 1906 to September 23, 1972, and the ''Bulletin Today'' from November 22, 1972, to March 10, 1986) is the Philippines' largest ...

since March 31, 2011. He also serves as trustee at the University of San Carlos, and independent director of Megawide Corporation and Philtrust Bank.

Awards

In 2011 Davide was awarded one of the highest honours of the

Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...

- the Knight Grand Cross of the Pontifical Order of St. Sylvester by decree of Pope

Benedict XVI Pope BenedictXVI (born Joseph Alois Ratzinger; 16 April 1927 – 31 December 2022) was head of the Catholic Church and sovereign of the Vatican City State from 19 April 2005 until resignation of Pope Benedict XVI, his resignation on 28 Februar ...

. Hilario Davide is the recipient of many awards. In 2002, he was conferred the Ramon Magsaysay Award for Government Service—a singular honor that is the Asian equivalent of the Nobel Prize. He was recognized for his life of principled citizenship and his profound service to democracy and the rule of law in the Philippines. Apart from the Magsaysay Award, he is also the recipient of the 2005 Most Distinguished Alumnus Award given by the University of the Philippines Alumni Association; the 2003 Man of the Year Award by the Philippine Free Press; the 2000 Filipino of the Year Award by the Philippine Daily Inquirer; the 2001 Rule of Law Award; the 1999 The Outstanding Filipino Award in Environmental Law; the 2003 Chief Justice Roberto Concepcion Award for Legal Aid by the Integrated Bar of the Philippines; and 13 honorary degrees in doctoral in law and humanities. In August 2006, he was conferred the ABA International Rule of Law Award in recognition of his extraordinary leadership in advancing the Rule of Law by the American Bar Association (ABA) Rule of Law Initiative on the occasion of the ABA's 2006 Annual Convention. Hilario G. Davide Jr. was also the Supreme Commander of the

Order of the Knights of Rizal The Knights of Rizal (Spanish language, Spanish: ''Orden de Caballeros de Rizál''; Filipino language, Filipino: ''Mga Maginoo ni Rizal''; sometimes abbreviated as KOR) is an order of chivalry of the Philippines, created to honor and uphold the ...

and was conferred the highest rank, Knight Grand Cross of Rizal.

World Justice Project

Hilario G. Davide Jr. serves as an honorary co-chair for the World Justice Project. The World Justice Project works to lead a global, multidisciplinary effort to strengthen the

Rule of Law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...

for the development of communities of opportunity and equity.

Personal life

Davide's father and namesake Hilario Sr. built such a reputation in Argao that the whole immediate family was named the

ABS-CBN ABS-CBN is a leading Philippine media and content company. It serves as the flagship media brand of ABS-CBN Corporation, a subsidiary of Lopez Holdings Corporation. Once the country's largest free-to-air television network, ABS-CBN has since ...

Bayaning Pamilyang Pilipino of the Year in 1997. Hilario Jr.'s brother Romulo Davide (born March 1932) is a Magsaysay Awardee and was hailed by the same foundation as the Father of Plant Nematology. On August 8, 2024, Romulo was proclaimed as a National Scientist of the Philippines for his work in nematology and

plant pathology Plant pathology or phytopathology is the scientific study of plant diseases caused by pathogens (infectious organisms) and environmental conditions (physiological factors). Plant pathology involves the study of pathogen identification, disease ...

. Jun, as many call him, is married to Surigao native Virginia (Gigi) Jimenea Perez. They met while working for Governor Francisco Remotigue. They have five children, namely: Hilario III (a lawyer, former city councilor of

and Governor of

); Joseph Bryan Hilary (a law graduate), Sheryl Ann (a doctor), Noreen (a Master in SPED graduate), and Delster Emmanuel (an architect) and fourteen grandchildren including namesake Hilario Jose IV, son of Joseph Bryan. Davide maintains a gardening hobby. As he stated:

Plants are better than people, they bloom for you, adorn your surroundings and give you peace and quiet. nlike plants,people argue with you and sometimes make life miserable for you .

Notes

References

External links