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Jose Benedicto Luis Luna "J.B.L." Reyes (August 19, 1902 – December 27, 1994) was a noted Filipino jurist who served as
Associate Justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
of the
Philippine Supreme Court The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on Ju ...
from 1954 until 1972. After his retirement, Reyes became the first president of the
Integrated Bar of the Philippines The Integrated Bar of the Philippines ( fil, Pinagsamang mga Abogasya ng Pilipinas abbreviated as IBP) is the national organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers. History The IBP was estab ...
. He was also a highly regarded legal scholar in the field of civil law.


Early life

Reyes was born in
Manila Manila ( , ; fil, Maynila, ), officially the City of Manila ( fil, Lungsod ng Maynila, ), is the capital of the Philippines, and its second-most populous city. It is highly urbanized and, as of 2019, was the world's most densely populated ...
to Dr. Ricardo Albino Reyes and Marcia Concepcion Luna. By the age of 15, he had earned his Bachelor of Arts degree, magna cum laude, at the
Ateneo de Manila University , mottoeng = Light in the Lord , type = Private, research, non-profit, coeducational basic and higher education institution , established = December 10, 1859 , religious_affiliation = Roman Catholic (Jesuits) , academic_aff ...
. He obtained his
law degree A law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers. But while their curricula may be reviewed by legal authority, they do not confer a license themselves. A legal license is gr ...
from the
University of the Philippines The University of the Philippines (UP; fil, Pamantasan ng Pilipinas Unibersidad ng Pilipinas) is a state university system in the Philippines. It is the country's national university, as mandated by Republic Act No. 9500 (UP Charter of 2008) ...
in 1922, and passed the
bar examinations Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (un ...
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 A doctorate (from Latin ''docere'', "to teach"), doctor's degree (from Latin ''doctor'', "teacher"), or doctoral degree is an academic degree awarded by universities and some other educational institutions, derived from the ancient formalism ''li ...
studies in law at the
Complutense University of Madrid The Complutense University of Madrid ( es, Universidad Complutense de Madrid; UCM, links=no, ''Universidad de Madrid'', ''Universidad Central de Madrid''; la, Universitas Complutensis Matritensis, links=no) is a public research university loca ...
and the
University of Santo Tomas The University of Santo Tomas (also known as UST and officially as the Pontifical and Royal University of Santo Tomas, Manila) is a private, Catholic research university in Manila, Philippines. Founded on April 28, 1611, by Spanish friar Migu ...
. In the 1930s, Reyes was a law professor at the University of the Philippines and at the
Far Eastern University Far Eastern University ( Filipino: ''Pamantasan ng Malayong Silanganan''), also referred to by its acronym FEU, is a private non-sectarian liberal arts university in Manila, Philippines. Created by the merger of Far Eastern College and the Inst ...
. As early as then, he was earning esteem in the legal academe, and even abroad, particularly in the field of civil law. 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 lifelong reputation as a
civil libertarian Civil libertarianism is a strain of political thought that supports civil liberties, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority (such as a state, a corporation, social nor ...
and an ardent
nationalist Nationalism is an idea and movement that holds that the nation should be congruent with the State (polity), state. As a movement, nationalism tends to promote the interests of a particular nation (as in a in-group and out-group, group of peo ...
. 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 ( es, Fuerte de Santiago; fil, Kutà ng Santiago), built in 1571, is a citadel built by Spanish navigator and governor Miguel López de Legazpi for the newly established city of Manila in the Philippines. The defense fortress is lo ...
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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
. He also helped found in 1947 the Manuel L. Quezon University, and joined its law faculty. When the
Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core are ...
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 most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Ramon Magsaysay Ramon del Fierro Magsaysay Sr. (August 31, 1907 – March 17, 1957) was a Filipino statesman who served as the seventh president of the Philippines, from December 30, 1953, until his death in an aircraft disaster on March 17, 1957. An automo ...
. 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 Reyes Concepcion (June 7, 1903 – May 3, 1987) was the Chief Justice of the Supreme Court of the Philippines from June 17, 1966 until April 18, 1973. He is remembered in the history of the Philippine Supreme Court for protecting the in ...
, 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 were unsuccessfully nominated to the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
. In his 18 years on the Court, Reyes grew in prominence unlike few other Supreme Court magistrates before and since. 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, said of Reyes that "'' 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 In contract law, (from Law French: 'overwhelming force', ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such ...
; and ''Medina v. Makabali'', 137 Phil. 329 (1969), affirming the best interest of the child as the paramount rule in custody cases. His dissenting opinion in ''Exconde v. Capuno'', 101 Phil. 843 (1957), on the
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princi ...
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 The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
, 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 The Bell Trade Act of 1946, also known as the Philippine Trade Act, was an act passed by the United States Congress specifying policy governing trade between the Philippines and the United States following independence of the Philippines from the ...
, 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 The Integrated Bar of the Philippines ( fil, Pinagsamang mga Abogasya ng Pilipinas abbreviated as IBP) is the national organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers. History The IBP was estab ...
. 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'' (; female: ''emerita'') is an adjective used to designate a retired chair, professor, pastor, bishop, pope, director, president, prime minister, rabbi, emperor, or other person who has been "permitted to retain as an honorary title ...
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 Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...
. Together with the two main co-chairmen
Lorenzo Tañada Lorenzo "Ka Tanny" Martinez Tañada Sr. CCLH (, born Lorenzo Tañada y Martínez; August 10, 1898 – May 28, 1992) was a Filipino nationalist, lawyer, solicitor general, senator, national athlete, and human and civil rights defender best known ...
and
Jose W. Diokno Jose Wright Diokno (February 26, 1922 – February 27, 1987), also known as "''Ka Pepe''", was a Filipino nationalist, lawyer, and politician. Regarded as the "Father of Human Rights Advocacy in the Philippines", he served as Senator of th ...
, Reyes helped organize the Anti-Bases Coalition, which sought the removal of the American military bases in
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and
U.S. Naval Base Subic Bay Naval Base Subic Bay was a major ship-repair, supply, and rest and recreation facility of the Spanish Navy and subsequently the United States Navy located in Zambales, Philippines. The base was 262 square miles, about the size of Singapore. T ...
.Filipinos in History Vol. IV, p. 272 He also joined the Regional Council on Human Rights in Asia, set up and chaired by his friend Diokno, which framed the very first Asian human rights declaration. He was the lead
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in the landmark Supreme Court case of ''Reyes v. Bagatsing'', 125 SCRA 553 (1983), where he successfully sought
injunctive relief An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
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 The People Power Revolution, also known as the EDSA Revolution or the February Revolution, was a series of popular demonstrations in the Philippines, mostly in Metro Manila, from February 22 to 25, 1986. There was a sustained campaign of c ...
, Reyes once more joined his friend and was named by President Cory Aquino as vice-chair under Diokno, who was the chairman of the newly created
Commission on Human Rights A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights. The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
or what was called the Diokno commission. However, they resigned in January 1987 after the murder of several unarmed farmers by policemen at
Mendiola Street Mendiola Street (simply known as "Mendiola") is a short thoroughfare in Manila, Philippines. The street is named after Enrique Mendiola, an educator, textbook author, and member of the first Board of Regents of the University of the Philippi ...
. Reyes then retired to private life and died aged 92 in 1994. He is buried at Loyola Memorial Cemetery in
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.


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 protégés in the Philippine legal academe, especially in the field of civil law. Among the most prominent were
Philippine Supreme Court The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on Ju ...
Associate Justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
Jose Vitug (who clerked 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. This committee was instrumental in the drafting of the Family Code that took effect in 1987. In this capacity, Reyes advocated the equal treatment of wives and husbands under
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
, 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 contentious component of Reyes's legacy was his role in the increased difficulty of the
bar examinations Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (un ...
. Since the end of World War II, 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 (; sa, योग, lit=yoke' or 'union ) is a group of physical, mental, and spiritual practices or disciplines which originated in ancient India and aim to control (yoke) and still the mind, recognizing a detached witness-consciou ...
. In 2006, the Integrated Bar of the Philippines dedicated the multipurpose hall in its main offices as the "Jose B.L. Reyes Hall". Reyes's name is on the
Bantayog ng mga Bayani The Bantayog ng mga Bayani (), sometimes simply referred to as the Bantayog, is a monument, museum, and historical research center in Quezon City, Philippines, which honors the martyrs and heroes of the struggle against the dictatorship of for ...
Wall of Remembrance, which recognizes heroes who fought against martial law in the Philippines under Ferdinand E. Marcos.


Some notable opinions


''Exconde v. Capuno (1957), dissenting''








* ttp://www.lawphil.net/judjuris/juri1972/aug1972/gr_l_30299_1972.html ''Republic v. Quasha (1972)''


Bibliography


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)


Notes


References

* * * * *


External links


Memorabilia Page, Supreme Court of the Philippines E-Library
{{DEFAULTSORT:Reyes, J.B.L. Ateneo de Manila University alumni Associate Justices of the Supreme Court of the Philippines Filipino judges Filipino educators Filipino democracy activists People from Manila 1902 births 1994 deaths University of the Philippines Manila alumni Manuel L. Quezon University 20th-century Filipino lawyers Justices of the Court of Appeals of the Philippines Burials at the Loyola Memorial Park Individuals honored at the Bantayog ng mga Bayani History of the Philippines (1965–1986)