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.
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 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”
Sometime in 1986 also, the Lawyers League for a Better Philippines filed a petition questioning
the legitimacy of the proposed government. On April 10, 1986, this Court (The Court was
composed of Teehankee, C.J. and Abad Santos., Melencio-Herrera, Plana, Escolin, Gutierrez, Jr.,
Cuevas, Alampay and Patajo.) voted to dismiss the petition.
On April 17, 1986, Atty. Lozano as the counsel for the petitioners withdrew the petitions and
manifested that they would pursue the question by extra-judicial methods. The withdrawal is
functus officio.
ISSUE:
Whether or not the government of Corazon Aquino is legitimate.
RULING: Yes. The government of Corazon Aquino is legitimate. 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 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.
There are two types of government that is De facto and De jure. First, a De facto
government is a government that is not supported by the Constitution or it is not based on the
Constitution itself thus it is not considered as a legitimate type of government but it exercises its
power which means the people practices this type of government. Second, a De Jure government
is a government that has a legitimacy thus supported by the Constitution but is not exercised by
many people. But in the case at bar, the government of Aquino 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. Since the power lies on the people and they
accepted this type of government, the government of Aquino became effective and legitimate.