G.R. No.

76180 October 24, 1986

IN RE: SATURNINO V. BERMUE!, petitioner.
R E S O L U T IO N

"ER #URIAM:
In a petition for declaratory relief impleading no respondents, petitioner, as a lawyer, quotes te first paragrap of
Section ! "not Section # as erroneously stated$ of %rticle &'III of te proposed ()*+ ,onstitution, wic pro-ides in
full as follows.
Sec. !. Te si/0year term of te incum1ent 2resident and 'ice02resident elected in te 3e1ruary #, ()*+ election is,
for purposes of syncroni4ation of elections, ere1y e/tended to noon of 5une 67, ())8.
Te first regular elections for te 2resident and 'ice02resident under tis ,onstitution sall 1e eld on te second
9onday of 9ay, ())8.
,laiming tat te said pro-ision :is not clear: as to wom it refers, e ten as;s te ,ourt :to declare and answer te
question of te construction and definiteness as to wo, among te present incum1ent 2resident ,ora4on %quino and
'ice02resident Sal-ador Laurel and te elected 2resident 3erdinand E. 9arcos and 'ice02resident %rturo 9.
Tolentino 1eing referred to under te said Section # "sic$ of %RTI,LE &'III of te TR%NSITOR< 2RO'ISIONS of
te proposed ()*+ ,onstitution refers to, . ...
Te petition is dismissed outrigt for lac; of =urisdiction and for lac; for cause of action.
2rescinding from petitioner>s lac; of personality to sue or to 1ring tis action, "Tan -s. 9acapagal, ?6 S,R% +##$, it is
elementary tat tis ,ourt assumes no =urisdiction o-er petitions for declaratory relief. 9ore importantly, te petition
amounts in effect to a suit against te incum1ent 2resident of te Repu1lic, 2resident ,ora4on ,. %quino, and it is
equally elementary tat incum1ent 2residents are immune from suit or from 1eing 1rougt to court during te period
of teir incum1ency and tenure.
Te petition furtermore states no cause of action. 2etitioner>s allegation of am1iguity or -agueness of te aforequoted
pro-ision is manifestly gratuitous, it 1eing a matter of pu1lic record and common pu1lic ;nowledge tat te
,onstitutional ,ommission refers terein to incum1ent 2resident ,ora4on ,. %quino and 'ice02resident Sal-ador @.
Laurel, and to no oter persons, and pro-ides for te e/tension of teir term to noon of 5une 67, ())8 for purposes of
syncroni4ation of elections. @ence, te second paragrap of te cited section pro-ides for te olding on te second
9onday of 9ay, ())8 of te first regular elections for te 2resident and 'ice02resident under said ()*+ ,onstitution.
In pre-ious cases, te legitimacy of te go-ernment of 2resident ,ora4on ,. %quino was li;ewise sougt to 1e
questioned wit te claim tat it was not esta1lised pursuant to te ()#6 ,onstitution. Te said cases were dismissed
outrigt 1y tis court wic eld tat.
2etitioners a-e no personality to sue and teir petitions state no cause of action. 3or te legitimacy of te %quino
go-ernment is not a =usticia1le matter. It 1elongs to te realm of politics were only te people of te 2ilippines are
te =udge. %nd te people a-e made te =udgmentA tey a-e accepted te go-ernment of 2resident ,ora4on ,.
%quino wic is in effecti-e control of te entire country so tat it is not merely a de facto go-ernment 1ut in fact and
law a de =ure go-ernment. 9oreo-er, te community of nations as recogni4ed te legitimacy of tlie present
go-ernment. %ll te ele-en mem1ers of tis ,ourt, as reorgani4ed, a-e sworn to upold te fundamental law of te
Repu1lic under er go-ernment. "5oint Resolution of 9ay 88, ()*+ in B.R. No. #6#?* CLawyers League for a Detter
2ilippines, etc. -s. 2resident ,ora4on ,. %quino, et al.EA B.R. No. #6)#8 C2eople>s ,rusade for Supremacy of te
,onstitution. etc. -s. 9rs. ,ory %quino, et al.EA and B.R. No. #6))7 C,ouncilor ,lifton U. Banay -s. ,ora4on ,.
%quino, et al.E$
3or te a1o-e0quoted reason, wic are fully applica1le to te petition at 1ar, mutatis mutandis, tere can 1e no
question tat 2resident ,ora4on ,. %quino and 'ice02resident Sal-ador @. Laurel are te incum1ent and legitimate
2resident and 'ice02resident of te Repu1lic of te 2ilippines.or te a1o-e0quoted reasons, wic are fully
applica1le to te petition at 1ar,
%,,ORFINBL<, te petition is ere1y dismissed.
Teean;ee, ,.5., 3eria, <ap, 3ernan, Nar-asa, %lampay and 2aras, 55., concur.
9ELEN,IO0@ERRER%, J., co$c%rr&$':
BUTIERREG, 5r., J., co$c%rr&$':
3ELI,I%NO, JJ., co$c%rr&$'.
Te petitioner as;s te ,ourt to declare wo are :te incum1ent 2resident and 'ice 2resident elected in te 3e1ruary
#, ()*+ elections: as stated in %rticle &'III, Section ! of te Fraft ,onstitution adopted 1y te ,onstitutional
,ommission of ()*+.
He agree tat te petition deser-es outrigt dismissal as tis ,ourt as no original =urisdiction o-er petitions for
declaratory relief.
%s to lac; of cause of action, te petitioner>s prayer for a declaration as to wo were elected 2resident and 'ice
2resident in te 3e1ruary #, ()*+ elections sould 1e addressed not to tis ,ourt 1ut to oter departments of
go-ernment constitutionally 1urdened wit te tas; of ma;ing tat declaration.
Te ()6! ,onstitution, te ()(6 ,onstitution as amended, and te ()*+ Fraft ,onstitution uniformly pro-ide >tat
1oards of can-assers in eac pro-ince and city sall certified wo were elected 2resident and 'ice 2resident in teir
respecti-e areas. Te certified returns are transmitted to te legislature wic proclaims, troug te designated
2residing @ead, wo were duty elected.
,opies of te certified returns from te pro-incial and city 1oards of can-assers a-e not 1een furnised tis ,ourt
nor is tere any need to do so. In te a1sence of a legislature, we cannot assume te function of stating, and neiter do
we a-e any factual or legal capacity to officially declare, wo were elected 2resident and 'ice 2resident in te
3e1ruary #, ()*+ elections.
%s to wo are te incumbent 2resident and 'ice 2resident referred to in te ()*+ Fraft ,onstitution, we agree tat
tere is no dou1t te ()*+ ,onstitutional ,ommission referred to 2resident ,ora4on ,. %quino and 'ice 2resident
Sal-ador @. Laurel.
3inally, we agree wit te Resolution of te ,ourt in B.R. Nos. #6#?*, #6)#8, and #6))7.
3or te foregoing reasons, we -ote to FIS9ISS te instant petition.
,RUG, J., co$c%rr&$':
I -ote to dismiss tis petition on te ground tat te ,onstitution we are as;ed to interpret as not yet 1een ratified and
is terefore not yet effecti-e. I see ere no actual conflict of legal rigts suscepti1le of =udicial determination at tis
time. "%etna Life Insurance ,o. -s. @awort, 677 U.S. 88#A 2%,U -s. Secretary of Education, )# 2il. *7+.$