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Aquino assumed office, have yet to show concrete results in alleviating the poverty of

the masses, while the recovery of the ill-gotten wealth of the Marcoses has remained
Now, Mr. Marcos, in his deathbed, has signified his wish to return to the Philippines to
die. But Mrs. Aquino, considering the dire consequences to the nation of his return at a time
when the stability of government is threatened from various directions and the economy is
just beginning to rise and move forward, has stood firmly on the decision to bar the return of
Mr. Marcos and his family.
The Petition
This case is unique. It should not create a precedent, for the case of a dictator forced
out of office and into exile after causing twenty years of political, economic and social havoc
in the country and who within the short space of three years seeks to return, is in a class by
This petition for mandamus and prohibition asks the Court to order the respondents
to issue travel documents to Mr. Marcos and the immediate members of his family and to
enjoin the implementation of the President's decision to bar their return to the Philippines.
The Issue
The issue is basically one of power: whether or not, in the exercise of the powers
granted by the Constitution, the President may prohibit the Marcoses from returning to the
According to the petitioners, the resolution of the case would depend on the
resolution of the following issues:
Does the President have the power to bar the return of former President
Marcos and his family to the Philippines?
Is this a political question?
Assuming that the President has the power to bar former President Marcos
and his family from returning to the Philippines, in the interest of "national security, public
safety or public health"
Has the President made a finding that the return of former President Marcos
and his family to the Philippines is a clear and present danger to national security, public
safety or public health?
Assuming that she has made that finding,