LAWYERS LEAGUE V AQUINO G.R. No. 73748 - May counsel for the petitioners in G.R. Nos.
in G.R. Nos. 73748 and DIGEST
22, 1986
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
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.-----------
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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.