Wednesday, November 22, 2017

Sovereign will basis for People's RevGov - Lawyer

Reprint of FB Posts by Atty. Antonio B. Arellano (human rights lawyer jailed during Martial Law, law school professor, retired Regional Sate Prosecutor serving in Regions X, VII and XI and Davao Datu Bago Awardee)

When Corazon Aquino took her oath as President under a revolutionary Government on February 25, 1986, she did so under Proclamation No. 1 she issued on the same day wherein she proclaimed:
“Sovereignty resides in the People and all Government Authority emanates from them.
On the basis of the peoples’ mandate clearly manifested last February 7, 
I and Salvador H. Laurel are taking power in the name and by the will of the Filipino People as President and Vice President respectively.”
—————-
Note that she did not assume power and took her oath under the Philippine Constitution and the existing laws. She did “in the name and by the will of the Filipino people.”
In “Lawyers’ League vs. Corazon Aquino (May 21, 1986) where the legitimacy of the Aquino Government was questioned, the Court ruled:
“The legitimacy of the Aquino Government is not a justiciable question. 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 Aquino Government which is in effective control of the entire country so that it is not merely a de facto Government but is in fact and law a de jure Government.”

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