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  • Saturnino Bermudes GR No. 76180 Case Digest

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    Virgilio N. Mendoza
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    The petitioner asked the Supreme Court to clarify which president and vice president were referred to in Section 5 of Article XVIII of the proposed 1986 Constitution regarding the extension of their six-year term. The Court dismissed the petition, holding that it did not have jurisdiction over declaratory relief petitions, the petitioner lacked standing to sue, and it was obvious that the provision applied to incumbent President Corazon Aquino and Vice President Salvador Laurel, as her administration was legitimately recognized domestically and internationally as the ruling government.

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    SATURNINO BERMUDES GR NO. 76180 CASE DIGEST

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    The petitioner asked the Supreme Court to clarify which president and vice president were referred to in Section 5 of Article XVIII of the proposed 1986 Constitution regarding the extension of their six-year term. The Court dismissed the petition, holding that it did not have jurisdiction over declaratory relief petitions, the petitioner lacked standing to sue, and it was obvious that the provision applied to incumbent President Corazon Aquino and Vice President Salvador Laurel, as her administration was legitimately recognized domestically and internationally as the ruling government.

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    48 views1 page

    Saturnino Bermudes GR No. 76180 Case Digest

    Uploaded by

    Virgilio N. Mendoza
    The petitioner asked the Supreme Court to clarify which president and vice president were referred to in Section 5 of Article XVIII of the proposed 1986 Constitution regarding the extension of their six-year term. The Court dismissed the petition, holding that it did not have jurisdiction over declaratory relief petitions, the petitioner lacked standing to sue, and it was obvious that the provision applied to incumbent President Corazon Aquino and Vice President Salvador Laurel, as her administration was legitimately recognized domestically and internationally as the ruling government.

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    © All Rights Reserved
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    October 24, 1986 | G.R. No.

    76180

    Saturnino Bermudez, petitioner

    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. 

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