(G.R. No. 73748 - May 22, 1986)
(There is no "Full-Text" of this case. This is a Minute
Resolution made by the SC.)
Minute Resolutions
EN BANC
LAWYERS LEAGUE FOR A BETTER
PHILIPPINES AND/OR OLIVER A. LOZANO VS.
PRESIDENT CORAZON C. AQUINO, ET AL.
SIRS/MADAMS:
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
CONSTITUTIONAL LAW 1
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.