Minute Resolutions

EN BANC

[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.
SIRS/MESDAMES:

Quoted hereunder, for your information, is a resolution of this

Court MAY 22, 1986.

In G.R. No. 73748, Lawyers League for a Better Philippines vs.

President Corazon C. Aquino, et al.; G.R. No. 73972, People's
Crusade for Supremacy of the Constitution vs. Mrs. Cory Aquino,
et al., and G.R. No. 73990, Councilor Clifton U. Ganay vs. Corazon
C. Aquino, et al., the legitimacy of the government of President
Aquino is questioned. It is claimed that her government is illegal
because it was not established pursuant to the 1973 Constitution.

As early as April 10, 1986, this Court* had already voted to

dismiss the petitions for the reasons to be stated below. On April
17, 1986, Atty. Lozano as counsel for the petitioners in G.R. Nos.
73748 and 73972 withdrew the petitions and manifested that
they would pursue the question by extra-judicial methods. The
withdrawal is functus oficio.

The three petitions obviously are not impressed with merit.

Petitioners have no personality to sue and their petitions state no
cause of action. 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 Philippines are the judge. And the people
have made the judgment; they have accepted the government of
President Corazon C. Aquino which is in effective control of the
entire country so that it is not merely a de factogovernment but is
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.

In view of the foregoing, the petitions are hereby dismissed.

Very truly yours,

(Sgd.) GLORIA C. PARAS

Clerk of Court

* The Court was then composed of Teehankee, C.J. and Abad

Santos., Melencio-Herrera, Plana, Escolin, Gutierrez, Jr., Cuevas,
Alampay and Patajo, JJ.------------------------------------------
DIGEST

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
that 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."

ISSUE:
Whether or not the government of Corazon Aquino is legitimate.

HELD:
Yes. 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 Court further held that:
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.