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In Re: Bermudez d.

All members of the SC, as reorganized, have sworn to uphold the


G.R. No. 76180 fundamental law of the Republic under her government.
24 October 1986| Per Curiam | Revolutionary government 6. Under these circumstances, there can be no question that Pres. Aquino and VP
Laurel are the incumbent and legitimate Pres. and VP of the PH.
DOCTRINE: 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 PH are the DISPOSITIVE PORTION:
judge. And the people have made the judgment; they have accepted the government
of Pres. Aquino which is in effective control of the entire country so that it is not ACCORDINGLY, the petition is hereby dismissed.
merely a de facto government but 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.

FACTS:

1. In a petition for declaratory relief impleading no respondents, Bermudez claims that


Art. XVIII of proposed 1986 Constitution “is not clear” as to whether the present
incumbent Pres. Aquino and VP Laurel or the elected Pres. Marcos and VP
Tolentino are being referred to under said section. He asks the court to construe and
define it.

ISSUE w/ HOLDING:

WON the petition for declaratory relief may be granted. – NO.

1. Petitioner lacks personality to sue or bring the action.


2. Court assumes no jurisdiction over petitions for declaratory relief.
3. Petition amounts in effect to a suit against incumbent Pres. Aquino – elementary
that incumbent presidents are immune from suit or from being brought to court
during their incumbency or tenure.
4. It’s a matter of public record and knowledge that the ConCom refers to the
incumbent Pres. Aquino and VP Laurel and provides for their extension of term to
noon of June 30, 1992 for purposes of synchronization of elections. (LIKE DUHH)
5. In pervious cases, the legitimacy of the gov. of Pres. Aquino was also questioned
w/ the claim that it wasn’t established pursuant to the 1973 Constitution. However,
the court outrightly dismissed those cases on the ground that:
a. To question the legitimacy of the Aquino government is not a justiciable
matter and belongs to the realm of politics where only the people are the
judge.
b. Since the people made the judgement, they accepted the said government
which is in effective control of the entire country (de jure government).
c. The community of nations has recognized the legitimacy of the present
gov.