Republic of the Philippines SUPREME COURT Manila G.R. No. 76180 October 24, 1986 IN RE: SATURNINO . !

ERMU"E#, petitioner. R E S O L U T IO N PER CURIAM: In a petition for declaratory relief impleadin no respondents! petitioner! as a la"yer! #uotes the first para raph of Section $ %not Section & as erroneously stated' of (rticle )*III of the proposed +,-. /onstitution! "hich pro0ides in full as follo"s1 Sec. $. The si23year term of the incumbent President and *ice3President elected in the 4ebruary &! +,-. election is! for purposes of synchroni5ation of elections! hereby e2tended to noon of 6une 78! +,,9. The first re ular elections for the President and *ice3President under this /onstitution shall be held on the second Monday of May! +,,9. /laimin that the said pro0ision :is not clear: as to "hom it refers! he then as;s the /ourt :to declare and ans"er the #uestion of the construction and definiteness as to "ho! amon the present incumbent President /ora5on (#uino and *ice3President Sal0ador Laurel and the elected President 4erdinand E. Marcos and *ice3President (rturo M. Tolentino bein referred to under the said Section & %sic' of (RTI/LE )*III of the TR(NSITOR< PRO*ISIONS of the proposed +,-. /onstitution refers to! . ... The petition is dismissed outri ht for lac; of =urisdiction and for lac; for cause of action. Prescindin from petitioner>s lac; of personality to sue or to brin this action! %Tan 0s. Macapa al! ?7 S/R( .&&'! it is elementary that this /ourt assumes no =urisdiction o0er petitions for declaratory relief. More importantly! the petition amounts in effect to a suit a ainst the incumbent President of the Republic! President /ora5on /. (#uino! and it is e#ually elementary that incumbent Presidents are immune from suit or from bein brou ht to court durin the period of their incumbency and tenure. The petition furthermore states no cause of action. Petitioner>s alle ation of ambi uity or 0a ueness of the afore#uoted pro0ision is manifestly ratuitous! it bein a matter of public record and common public ;no"led e that the /onstitutional /ommission refers therein to incumbent President /ora5on /. (#uino and *ice3President Sal0ador @. Laurel! and to no other persons! and pro0ides for the e2tension of their term to noon of 6une 78! +,,9 for purposes of synchroni5ation of elections. @ence! the second para raph of the cited section pro0ides for the holdin on the second Monday of May! +,,9 of the first re ular elections for the President and *ice3President under said +,-. /onstitution. In pre0ious cases! the le itimacy of the o0ernment of President /ora5on /. (#uino "as li;e"ise sou ht to be #uestioned "ith the claim that it "as not established pursuant to the +,&7 /onstitution. The said cases "ere dismissed outri ht by this court "hich held that1 Petitioners ha0e no personality to sue and their petitions state no cause of action. 4or the le itimacy of the (#uino o0ernment is not a =usticiable matter. It belon s to the realm of politics "here only the people of the Philippines are the =ud e. (nd the people ha0e made the =ud mentA they ha0e accepted the o0ernment of President /ora5on /. (#uino "hich is in effecti0e control of the entire country so that it is not merely a de facto o0ernment but in fact and la" a de =ure o0ernment. Moreo0er! the community of nations has reco ni5ed the le itimacy of tlie present o0ernment. (ll the ele0en members of this /ourt! as reor ani5ed! ha0e s"orn to uphold the fundamental la" of the Republic under her o0ernment. %6oint Resolution of May 99! +,-. in B.R. No. &7&?- CLa"yers Lea ue for a Detter Philippines! etc. 0s. President /ora5on /. (#uino! et al.EA B.R. No. &7,&9 CPeople>s /rusade for Supremacy of the /onstitution. etc. 0s. Mrs. /ory (#uino! et al.EA and B.R. No. &7,,8 C/ouncilor /lifton U. Banay 0s. /ora5on /. (#uino! et al.E' 4or the abo0e3#uoted reason! "hich are fully applicable to the petition at bar! mutatis mutandis, there can be no #uestion that President /ora5on /. (#uino and *ice3President Sal0ador @. Laurel are the incumbent

and le itimate President and *ice3President of the Republic of the Philippines.or the abo0e3#uoted reasons! "hich are fully applicable to the petition at bar! (//ORFINBL<! the petition is hereby dismissed. Teehan;ee! /.6.! 4eria! <ap! 4ernan! Nar0asa! (lampay and Paras! 66.! concur. MELEN/IO3@ERRER(! J., co$c%rr&$': BUTIERREG! 6r.! J.! co$c%rr&$': 4ELI/I(NO! JJ., co$c%rr&$'. The petitioner as;s the /ourt to declare "ho are :the incumbent President and *ice President elected in the 4ebruary &! +,-. elections: as stated in (rticle )*III! Section $ of the Fraft /onstitution adopted by the /onstitutional /ommission of +,-.. He a ree that the petition deser0es outri ht dismissal as this /ourt has no ori inal =urisdiction o0er petitions for declaratory relief. (s to lac; of cause of action! the petitioner>s prayer for a declaration as to "ho "ere elected President and *ice President in the 4ebruary &! +,-. elections should be addressed not to this /ourt but to other departments of o0ernment constitutionally burdened "ith the tas; of ma;in that declaration. The +,7$ /onstitution! the +,+7 /onstitution as amended! and the +,-. Fraft /onstitution uniformly pro0ide >that boards of can0assers in each pro0ince and city shall certified "ho "ere elected President and *ice President in their respecti0e areas. The certified returns are transmitted to the le islature "hich proclaims! throu h the desi nated Presidin @ead! "ho "ere duty elected. /opies of the certified returns from the pro0incial and city boards of can0assers ha0e not been furnished this /ourt nor is there any need to do so. In the absence of a le islature! "e cannot assume the function of statin ! and neither do "e ha0e any factual or le al capacity to officially declare! "ho "ere elected President and *ice President in the 4ebruary &! +,-. elections. (s to "ho are the incumbent President and *ice President referred to in the +,-. Fraft /onstitution! "e a ree that there is no doubt the +,-. /onstitutional /ommission referred to President /ora5on /. (#uino and *ice President Sal0ador @. Laurel. 4inally! "e a ree "ith the Resolution of the /ourt in B.R. Nos. &7&?-! &7,&9! and &7,,8. 4or the fore oin reasons! "e 0ote to FISMISS the instant petition. /RUG! J., co$c%rr&$': I 0ote to dismiss this petition on the round that the /onstitution "e are as;ed to interpret has not yet been ratified and is therefore not yet effecti0e. I see here no actual conflict of le al ri hts susceptible of =udicial determination at this time. %(etna Life Insurance /o. 0s. @a"orth! 788 U.S. 99&A P(/U 0s. Secretary of Education! ,& Phil. -8..'