IN RE: SATURNINO V. BERMUDEZ

9 11 2011

Read case digest here.

Republic of the Philippines
SUPREME COURT
Manila

G.R. No. 76180 October 24, 1986

IN RE: SATURNINO V. BERMUDEZ, petitioner.

R E S O L U T IO N

 

PER CURIAM:

In a petition for declaratory relief impleading no respondents, petitioner, as a lawyer, quotes the first paragraph of Section 5 (not Section 7 as erroneously stated) of Article XVIII of the proposed 1986 Constitution, which provides in full as follows:

Sec. 5. 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.

The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May, 1992.

Claiming that the said provision “is not clear” as to whom it refers, he then asks the Court “to declare and answer the question of the construction and definiteness as to who, among the present incumbent President Corazon Aquino and Vice-President Salvador Laurel and the elected President Ferdinand E. Marcos and Vice-President Arturo M. Tolentino being referred to under the said Section 7 (sic) of ARTICLE XVIII of the TRANSITORY PROVISIONS of the proposed 1986 Constitution refers to, . …

The petition is dismissed outright for lack of jurisdiction and for lack for cause of action.

Prescinding from petitioner’s lack of personality to sue or to bring this action, (Tan vs. Macapagal, 43 SCRA 677), it is elementary that this Court assumes no jurisdiction over petitions for declaratory relief. More importantly, the petition amounts in effect to a suit against the incumbent President of the Republic, President Corazon C. Aquino, and it is equally elementary that incumbent Presidents are immune from suit or from being brought to court during the period of their incumbency and tenure.

READ THE REST OF THE CASE HERE

About these ads

Actions

Information

One response

9 11 2011
In Re: Saturnino Bermudez |

[...] Read full text here. nuffnang_bid = "ae5b4752a881366abcb1ed17b359ab76"; document.write('' ); Related PostsBenigno Aquino vs COMELECJoseph Estrada vs Macapagal & DesiertoCabañas vs Pilapil Tagged with: 145 SCRA 160 • case brief • case digest • constitutional law • de facto government • de jure government • De Jure vs De Facto Government • G.R. No. 76180 • In Re: Saturnino Bermudez • Jurisprudence • political law • Saturnino Bermudez  Share this digest to your classmates! [...]

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




Follow

Get every new post delivered to your Inbox.

Join 138 other followers

%d bloggers like this: