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  • In Re Bermudez, 145 SCRA 160 (1986) Case Digest

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    Ace Lawrence Antazo
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    The petitioner asked the Supreme Court to declare who the transitory provisions of Section 5 of Article XVIII of the 1986 Constitution referred to as the incumbent President and Vice-President whose terms were being extended. The Supreme Court dismissed the petition, ruling that it did not have jurisdiction as the petition amounted to a suit against the incumbent president Corazon Aquino, who is immune from suit during incumbency. The Court also stated it was clear the Constitutional Commission was referring to President Aquino and Vice-President Laurel as the incumbents whose terms were being extended, and that the legitimacy of the Aquino government was a non-justiciable political question where the people are the ultimate judge.

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    The petitioner asked the Supreme Court to declare who the transitory provisions of Section 5 of Article XVIII of the 1986 Constitution referred to as the incumbent President and Vice-President whose terms were being extended. The Supreme Court dismissed the petition, ruling that it did not have jurisdiction as the petition amounted to a suit against the incumbent president Corazon Aquino, who is immune from suit during incumbency. The Court also stated it was clear the Constitutional Commission was referring to President Aquino and Vice-President Laurel as the incumbents whose terms were being extended, and that the legitimacy of the Aquino government was a non-justiciable political question where the people are the ultimate judge.

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    In Re Bermudez, 145 SCRA 160 (1986) Case Digest

    Uploaded by

    Ace Lawrence Antazo
    The petitioner asked the Supreme Court to declare who the transitory provisions of Section 5 of Article XVIII of the 1986 Constitution referred to as the incumbent President and Vice-President whose terms were being extended. The Supreme Court dismissed the petition, ruling that it did not have jurisdiction as the petition amounted to a suit against the incumbent president Corazon Aquino, who is immune from suit during incumbency. The Court also stated it was clear the Constitutional Commission was referring to President Aquino and Vice-President Laurel as the incumbents whose terms were being extended, and that the legitimacy of the Aquino government was a non-justiciable political question where the people are the ultimate judge.

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    In Re. Saturnino v. Bermudez, G.R. No.

    76180, October 24, 1986

    FACTS:

    Petitioner is asking the court to declare as to who among: incumbent President


    Corazon, Vice-President Salvador Laurel, elected President Ferdinand E. Marcos and
    Vice-President Arturo M. Tolentino, the transitory provisions of Section 5 of Article
    XVIII of the 1986 Constitution was referring to Section 5 of Article XVIII of the 1986
    Constitution reads in full:

    Sec. The six-year term of the incumbent President and Vice-President elected in the
    February 7, 1986 election is, for purposes of synchronization of elections, hereby
    extended to noon of June 30, 1992.

    ISSUES:

    Does the Supreme Court have the authority to declare who were being referred to as
    the incumbent President and Vice-President whose terms are being extended by the
    transitory provisions of Section 5 of Article XVIII of the 1986 Constitution?

    RATIO:

    The Supreme Court ruled that the petition should be dismissed outright for lack of
    jurisdiction. The Court said the petition amounted to a suit against the incumbent
    president of the Republic, Corazon Aquino, and that incumbent Presidents are immune
    from suit during the period of their incumbency.

    The Court said that petition stated no cause of action as there was no ambiguity left
    from the fact it is a matter of public record and common knowledge that the
    Constitutional Commission was referring to President Aquino and Vice-President Laurel
    as whose terms are being extended to noon of June 30, 1992 for purposes of
    synchronization of elections.

    The Court also said that the legitimacy of the Aquino government is not a justiciable
    matter, it belongs to the realm of politics where the people are the judge. The people
    accepted the government of President Aquino, which assumed effective control of the
    entire country, making it the de jure government. Aside from the fact that the community
    of nations already recognized the legitimacy of the present Republic, all 11 members of
    the Supreme Court also pledged to uphold the fundamental law under it. There can be no
    question that President Corazon Quino and Vice-President Salvador Laurel were then the
    incumbent and legitimate President and Vice-President of the Republic of the Philippines.

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