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6.17.2012

LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. AQUINO

(G.R. No. 73748 - May 22, 1986)
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(There is no "Full-Text" of this case. This is a Minute Resolution made by the SC.)

Minute Resolutions

EN BANC

[G.R. No. 73748, May 22, 1986]

LAWYERS LEAGUE FOR A BETTER PHILIPPINES AND/OR OLIVER A. LOZANO VS. PRESIDENT CORAZON C. AQUINO, ET AL.

SIRS/MESDAMES:

Quoted hereunder, for your information, is a resolution of this Court MAY 22, 1986.

In G.R. No. 73748, Lawyers League for a Better Philippines vs. President Corazon C. Aquino, et al.; G.R. No. 73972, People's Crusade for Supremacy of the Constitution vs. Mrs. Cory Aquino, et al., and G.R. No. 73990, Councilor Clifton U. Ganay vs. Corazon C. Aquino, et al., the legitimacy of the government of President Aquino is questioned. It is claimed that her government is illegal because it was not established pursuant to the 1973 Constitution.

As early as April 10, 1986, this Court* had already voted to dismiss the petitions for the reasons to be stated below. On April 17, 1986, Atty. Lozano as counsel for the petitioners in G.R. Nos. 73748 and 73972 withdrew the petitions and manifested that they would pursue the question by extra-judicial methods. The withdrawal is functus oficio.

The three petitions obviously are not impressed with merit. Petitioners have no personality to sue and their petitions state no cause of action. For the legitimacy of the Aquino government is not a justiciable matter. It belongs to the realm of politics where only the people of the Philippines are the judge. And the people have made the judgment; they have accepted the government of President Corazon C. Aquino which is in effective control of the entire country so that it is not merely a de factogovernment but is in fact and law a de jure government. Moreover, the community of nations has recognized the legitimacy of the present government. All the eleven members of this Court, as reorganized, have sworn to uphold the fundamental law of the Republic under her government.

In view of the foregoing, the petitions are hereby dismissed.


Very truly yours,

(Sgd.) GLORIA C. PARAS
Clerk of Court


* The Court was then composed of Teehankee, C.J. and Abad Santos., Melencio-Herrera, Plana, Escolin, Gutierrez, Jr., Cuevas, Alampay and Patajo, JJ.------------------------------------------
DIGEST

FACTS:
On February 25, 1986, President Corazon Aquino issued Proclamation No. 1 announcing that she and Vice President Laurel were taking power.
On March 25, 1986, proclamation No.3 was issued providing the basis of the Aquino government assumption of power by stating that the "new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines."

ISSUE:
Whether or not the government of Corazon Aquino is legitimate.

HELD:
Yes. The legitimacy of the Aquino government is not a justiciable matter but belongs to the realm of politics where only the people are the judge.

  • The Court further held that:
  • The people have accepted the Aquino government which is in effective control of the entire country;
  • It is not merely a de facto government but in fact and law a de jure government; and
  • The community of nations has recognized the legitimacy of the new government.


3 comments:

  1. hi! do you have the full text? thanks

    ReplyDelete
  2. Hello Hershey. Thanks for visiting my blog. With regard to your request, I too have been trying to look for the full text. Been through all the sites that provides full text cases but to no avail. I will still try to look for it and post it here when available. Again thanks.

    ReplyDelete
  3. The full text of this case is very hard to find. Its already 2014, but I still have not found a full text of this case. What's the SCRA number of this? Do you know?

    ReplyDelete