J. B. L. Reyes
Encyclopedia
Jose Benedicto Luna Reyes (August 19, 1902 – December 27, 1994) was a noted Filipino
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...

 jurist who served as Associate Justice
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...

 of the Philippine Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

 from 1954 until 1972. Widely known by the initials "JBL", his reputation for erudition and fearlessness was such that the popular rumor took hold that President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...

 Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...

 awaited Reyes's retirement from the Court in August 1972 before imposing martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...

 a few weeks later.

After his retirement, Reyes became the first president of the Integrated Bar of the Philippines
Integrated Bar of the Philippines
The Integrated Bar of the Philippines is the national organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers.-History:...

. He was also a highly regarded legal scholar in the field of civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

.

Early life

Reyes was born in Manila
Manila
Manila is the capital of the Philippines. It is one of the sixteen cities forming Metro Manila.Manila is located on the eastern shores of Manila Bay and is bordered by Navotas and Caloocan to the north, Quezon City to the northeast, San Juan and Mandaluyong to the east, Makati on the southeast,...

 to Dr. Ricardo A. Reyes and Marcia C. Luna. By the age of 15, he had earned his Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 degree, magna cum laude, at the Ateneo de Manila University
Ateneo de Manila University
The Ateneo de Manila University is a private teaching and research university run by the Society of Jesus in the Philippines. It began in 1859 when the City of Manila handed control of the Escuela Municipal de Manila in Intramuros, Manila, to the Jesuits...

. He obtained his law degree
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...

 from the University of the Philippines
University of the Philippines College of Law
University of the Philippines College of Law or UP Law is the law school of the University of the Philippines. Since 1948, it has been located at the University of the Philippines Diliman in Quezon City, the flagship campus of UP's seven constituent universities. Until the 1970s, night classes of...

 in 1922, and passed the bar examinations
Philippine Bar Examination
The Philippine Bar Examination is the professional licensure examination for lawyers in the Philippines.It is the only professional licensure exam in the country that is not supervised by the Professional Regulation Commission...

 of that year, placing 6th. He was not allowed admission to the Philippine Bar until the following year, when he reached his 21st birthday. Reyes would later pursue masteral and doctoral
Doctor of law
Doctor of Law or Doctor of Laws is a doctoral degree in law. The application of the term varies from country to country, and includes degrees such as the LL.D., Ph.D., J.D., J.S.D., and Dr. iur.-Argentina:...

 studies in law at the Complutense University of Madrid
Complutense University of Madrid
The Complutense University of Madrid is a university in Madrid, and one of the oldest universities in the world. It is located on a sprawling campus that occupies the entirety of the Ciudad Universitaria district of Madrid, with annexes in the district of Somosaguas in the neighboring city of...

 and the University of Santo Tomas
University of Santo Tomas
The Pontifical and Royal University of Santo Tomas, The Catholic University of the Philippines , is a private Roman Catholic university run by the Order of Preachers in Manila. Founded on April 28, 1611 by archbishop of Manila Miguel de Benavides, it has the oldest extant university charter in the...

.

In the 1930s, Reyes was a law professor at the University of the Philippines and at the Far Eastern University
Far Eastern University
Far Eastern University in the University Belt area, West Sampaloc, City of Manila, is a nonsectarian, private university in the Philippines. Created by the merger of Far Eastern College and the Institute of Accounts, Business and Finance, FEU became a university in 1934 under the guidance of...

. As early as then, he was earning esteem in the legal academe, and even abroad, particularly in the field of civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

. His Dean at the U.P. College of Law, Jorge Bocobo, remarked that Reyes was among of two Filipinos rated as outstanding civilists in Spain.

As a private practitioner, Reyes was among the founders of the Civil Liberties Union in 1937. His association with that group helped foster his life-long reputation as a civil libertarian
Civil libertarianism
Civil libertarianism is a strain of political thought that supports civil liberties, or who emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority...

 and an ardent nationalist
Nationalism
Nationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...

. Within weeks after the Japanese invasion in 1941, Reyes helped organize the underground Free Philippines movement. His involvement with the resistance was soon exposed, and he was imprisoned by the Japanese in Fort Santiago
Fort Santiago
Fort Santiago is a defense fortress built for Spanish conquistador, Miguel López de Legazpi. The fort is part of the structures of the walled city of Intramuros, in Manila, Philippines. José Rizal, the Philippines' national hero, was imprisoned in the fort before his execution in 1896...

 in 1944. Unlike some of the other founders of the Free Philippines movement, such as Rafael Roces, Jr. and Antonio Bautista, Reyes was spared execution, though not torture.

After the war, Reyes was appointed to the Court of Appeals
Philippine Court of Appeals
The Court of Appeals of the Philippines is the Philippines' second highest judicial court, just after the Supreme Court. The court consists of 68 Associate Justices and 1 Presiding Justice...

. He also helped found in 1947 the Manuel L. Quezon University
Manuel L. Quezon University
The Manuel L. Quezon University is a private university in Quiapo, Manila, Philippines. It is a member of the Colleges and Universities Sports Association . It offers academic programs at the pre-school, elementary, high school, tertiary, and graduate levels. It is named for Philippine president...

, and joined its law faculty. When the Civil Code
Civil Code of the Philippines
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines...

 was enacted, Reyes, who had briefly served on the Code Commission before the war, published widely read article outlining his criticisms of several articles. That article has since been cited favorably in a number of Supreme Court decisions.

Supreme Court service

After nine years with the Court of Appeals, Reyes was appointed to the Supreme Court in 1954 by President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...

 Ramon Magsaysay
Ramon Magsaysay
Ramón del Fierro Magsaysay was the third President of the Republic of the Philippines from December 30, 1953 until his death in a plane crash in 1957. He was elected President under the banner of the Nacionalista Party.-Early life:Ramon F...

. At 52, he was among the youngest justices appointed to the Court. However, Reyes would never get to serve as Chief Justice. This was in part because his close friend Roberto Concepcion
Roberto Concepcion
Roberto Concepción was the Chief Justice of the Philippines from June 17, 1966, until April 18, 1973. Apparently, he took a leave 50 days earlier from his scheduled mandatory retirement...

, several months his junior, was appointed to the Court a few months before Reyes. Concepcion was named Chief Justice in 1966.

During his tenure on the Court, Reyes and Claro M. Recto
Claro M. Recto
Claro Mayo Recto, Jr. , was a Filipino politician, jurist, poet and one of the foremost statesmen of his generation...

 were unsuccessfully nominated to the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

.

In his 18 years on the Court, Reyes grew in prominence unlike few other Supreme Court magistrates before and since. His gruff voice and inscrutable stare, which had terrorized his students years before, similarly intimidated lawyers who argued in hearings before the Court. Often, especially on matters relating to his specialty, civil law, his opinions proved to be the final word. In some quarters, he was called "the Court", in tribute to the considerable influence he wielded over his colleagues. Upon his retirement in 1972, one of his colleagues, the future Chief Justice Felix Makasiar
Felix Makasiar
Felix V. Makasiar was the 14th Chief Justice of the Philippines, serving in that capacity for four months in 1985. His 85-day stint as Chief Justice, abbreviated only because of the rule requiring mandatory retirement upon reaching the age of 70, was the second-shortest such tenure in Philippine...

, said of Reyes that "[n]o jurist within living memory has commanded during the last quarter of a century, the deep respect and admiration of the bench and bar, of dilettantes and scholars, of professors and students."

Jurisprudence

As expected, Reyes penned many leading decisions in civil law that remain widely studied today, including Tenchavez v. Escaño, 122 Phil. 765 (1966), on the recognition of foreign divorces in the Philippines; Republic v. Luzon Stevedoring, 128 Phil. 313 (1967), which defined force majeure
Force majeure
Force majeure or vis major "superior force", also known as cas fortuit or casus fortuitus "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of...

; and Medina v. Makabali, 137 Phil. 329 (1969), affirming the best interest of the child
Best interests
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children. The most important of these issues concern questions that arise upon the divorce or separation of the children's parents...

 as the paramount rule in custody cases. His dissenting opinion in Exconde v. Capuno, 101 Phil. 843 (1957), on the tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

 liability of schools for damages caused by their students, was eventually adopted by the Court in Amadora v. Court of Appeals, 160 SCRA 315 (1988).

Reyes weaved his strong nationalist views to an interpretation of the 1935 Constitution
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...

 that emphasized its nationalistic thrust. He notably dissented in Moy Ya Lim Yao v. Commissioner of Immigration, 41 SCRA 292 (1971), where the Court had relaxed the requisites for a foreigner to acquire Filipino citizenship through marriage. Reyes opined that unlike perhaps in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, the Philippine constitution disfavored the absorption of immigrants and thus the citizenship laws should be interpreted with that view in mind. In similar fashion was Reyes's most famous opinion, among his last, in Republic v. Quasha, 46 SCRA 160(1972). The Court, through Reyes, insisted on a restrictive interpretation of the expiring Parity Amendments occasioned by the Bell Trade Act
Bell Trade Act
The Bell Trade Act of 1946, also known as the Philippine Trade Act was an act passed by the United States Congress specifying the economic conditions governing the independence of the Philippines from the United States....

, towards the end of prohibiting the ownership by foreigners of residential lands. At the end of his opinion, he criticized the earlier enactment of the Parity Amendments to the Constitution, saying:

That Filipinos should be placed under the so-called Parity in a more disadvantageous position than United States citizens in the disposition, exploitation, development and utilization of the public lands, forests, mines, oils and other natural resources of their own country is certainly rank injustice and inequity that warrants a most strict interpretation of the "Parity Amendment", in order that the dishonorable inferiority in which Filipinos find themselves at present in the land of their ancestors should not be prolonged more than is absolutely necessary.

IBP presidency and later activism

Shortly after his retirement from the Court, Reyes was elected as the first president of the Integrated Bar of the Philippines
Integrated Bar of the Philippines
The Integrated Bar of the Philippines is the national organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers.-History:...

. During his years on the Court, he had been one of the most active proponents of bar integration in the Philippines. He served as IBP President until 1975, and was President emeritus
Emeritus
Emeritus is a post-positive adjective that is used to designate a retired professor, bishop, or other professional or as a title. The female equivalent emerita is also sometimes used.-History:...

 from then on until his death.

Unburdened by his judicial role, Reyes became an active member in the political opposition against the martial law rule of Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...

. Together with Lorenzo Tañada
Lorenzo Tañada
Lorenzo Martinez Tañada was a Filipino politician. Elected to the first Philippine Senate in 1947, he was the longest-serving senator in Philippine history. He served as a Philippine senator for 24 years.-Early life:...

 and José Diokno
José Diokno
Jose "Pepe" Wright Diokno was a Filipino nationalist. He served as Senator of the Philippines, Secretary of Justice, founding chair of the Commission on Human Rights, and founder of the Free Legal Assistance Group....

, Reyes helped organize the Anti-Bases Coalition, which sought the removal of the American military bases in Clark
Clark Air Base
Clark Air Base is a former United States Air Force base on Luzon Island in the Philippines, located 3 miles west of Angeles City, about 40 miles northwest of Metro Manila. Clark Air Base was an American military facility from 1903 to 1991...

 and U.S. Naval Base Subic Bay
U.S. Naval Base Subic Bay
U.S. Naval Base Subic Bay was a major ship-repair, supply, and rest and recreation facility of the United States Navy located in Zambales, Philippines. It was the largest U.S...

. He was the lead petitioner
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

 in the landmark Supreme Court case of Reyes v. Bagatsing, 125 SCRA 553 (1983), where he successfully sought injunctive relief
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...

 against the mayor of Manila, who had wanted to prohibit demonstrations in front of the United States embassy.

After the ouster of Marcos following the 1986 EDSA Revolution
1986 EDSA Revolution
The People Power Revolution was a series of popular demonstrations in the Philippines that occurred in 1983-86. The methods used amounted to a sustained campaign of civil resistance against regime violence and electoral fraud...

, Reyes was named by President Corazon Aquino
Corazon Aquino
Maria Corazon Sumulong Cojuangco-Aquino was the 11th President of the Philippines and the first woman to hold that office in Philippine history. She is best remembered for leading the 1986 People Power Revolution, which toppled Ferdinand Marcos and restored democracy in the Philippines...

 as Vice-Chairman of the newly created Commission on Human Rights
Commission on Human Rights (Philippines)
The Commission on Human Rights is an independent office created by the Constitution of the Philippines, with the primary function of investigating all forms of human rights violations involving civil and political rights in the Philippines....

. However, he resigned from that post in January 1987 in protest of the murder of several unarmed farmers
Mendiola massacre
The Mendiola massacre, also called Black Thursday by some Filipino journalists, was an incident that took place in Mendiola Street, San Miguel, Manila, Philippines on January 22, 1987, in which state security forces violently dispersed a farmers' march on Malacañang Palace...

 by policemen in Mendiola
Mendiola Street
Mendiola Street is a short thoroughfare in the district of San Miguel in Manila, Metro Manila National Capital Region, the Philippines. It is named after Enrique Mendiola, an educator, textbook author and a member of the first Board of Regents of the University of the Philippines, and being close...

. Reyes then retired to private life and died aged 92 in 1994. He is buried at the Loyola Memorial Cemetery in Marikina.

Personal life and legacy

Reyes was married to Rosario L. Reyes, a distant relative who predeceased him by nearly forty years. They had three children.

Reyes had many proteges in the Philippine legal academe, especially in the field of civil law. Among the most prominent were Philippine Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

 Associate Justice
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...

 Jose Vitug (who clerked
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...

 for Reyes in the Court), and Ruben Balane.

Following his retirement from the Court, Reyes was named as the head of the Civil Code Revision Committee of the UP Law Center
University of the Philippines College of Law
University of the Philippines College of Law or UP Law is the law school of the University of the Philippines. Since 1948, it has been located at the University of the Philippines Diliman in Quezon City, the flagship campus of UP's seven constituent universities. Until the 1970s, night classes of...

. This Committee was instrumental in the drafting of the Family Code which took effect in 1987. In this capacity, Reyes advocated the equal treatment of wives and husbands under family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...

, and many substantial changes to the Civil Code were enacted to that effect. While Reyes himself was in favor of allowing divorce, this was not adopted by the Family Code.

A more notorious component of Reyes's legacy was his role in the increased difficulty of the bar examinations
Philippine Bar Examination
The Philippine Bar Examination is the professional licensure examination for lawyers in the Philippines.It is the only professional licensure exam in the country that is not supervised by the Professional Regulation Commission...

. Since the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, the passing rate of the bar examinations had ranged from 56 to 72% percent. However, when Reyes chaired the Bar Examinations Committee in 1955, the passing rate dropped dramatically to 26.8%, with a mortality rate of 73.2%. That ratio has been invariably maintained in the 50+ years since.

Reyes was an enthusiastic amateur photographer and painter. He was also among the first prominent Filipino practitioners of yoga
Yoga
Yoga is a physical, mental, and spiritual discipline, originating in ancient India. The goal of yoga, or of the person practicing yoga, is the attainment of a state of perfect spiritual insight and tranquility while meditating on Supersoul...

.

In 2006, the Integrated Bar of the Philippines dedicated the multi-purpose hall in its main offices as the "Jose B.L. Reyes Hall".

Some notable opinions


Selected books

  • An Outline of Philippines Civil Law (with Ricardo C. Puno, 1964)
  • The Making of a Subversive: a Memoir (1984)

Selected articles

  • Observations on the New Civil Code on Points Not Covered By Amendments Already Proposed, series of articles published in the Lawyer's Journal, Vols. XV-XVI (1950–1951)

External links

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