Professional Documents
Culture Documents
Saturnino Bermudes GR No. 76180 Case Digest
Saturnino Bermudes GR No. 76180 Case Digest
76180
FACTS:
Bermudez filed a petition for declaratory relief before the SC, asking the same Court to
clarify exactly who were being referred to in Section 5, Art. XVIII of the proposed 1986
Constitution. Said provision reads in part: "The six-year term of the incumbent President
and Vice-President elected in the February 7, 1986 election is, for the purposes of
synchronization of elections, hereby extended to noon of June 30, 1992."
ISSUE:
Does Section 5, Art. XVIII of the proposed 1986 Constitution pertain to incumbent
President Corazon Aquino and Vice-President Salvador Laurel or to elected President
Ferdinand Marcos and Vice-President Arturo Tolentino?
HELD:
Petition has no merit and should be dismissed outright for the following reasons:
petitions for declaratory relief do not fall within the jurisdiction of the SC;
petitioner does not have the legal standing to sue;
although no respondent is impleaded, the instant petition amounts to a suit
against incumbent President Corazon Aquino, who is immune from suits
during her incumbency;
it should be fairly obvious -- mutatis mutandis, there should be no question --
that the
aforecited provision pertains to incumbent President Corazon Aquino and
Vice-President Salvador Laurel. The Aquino administration is legitimately
recognized by other nations, and all eleven members of the SC have
sworn to uphold the fundamental law of the land under her government;
and
the people of the Philippines have accepted her government as the one in
effective
control of the country, such that it is not merely a de facto government but
in fact and law a de jure government.