MARCOS vs MANGLAPUS

G.R. No. 88211 Sept. 15, 1989 J. Cortes

Petitioners Respondents
Marcoses(Ferdinand, Imelda, et.al.) Raul Manglapus
FACTS OF THE CASE:

Ferdinand Marcos, now in exile in Hawaii, is requesting to return to the Philippines.

President Aquino has barred Marcos and his family from returning to the Philippines.
Marcos filed a petition for mandamus and prohibition praying for the respondents to issues
travel documents to him and his family and to enjoin the implementation of the President’s
decision to bar him and his family from returning.

ISSUES: Ruling

1. Whether or not the President has the power under the Constitution, to bar Yes
the Marcoses from returning to the Philippines

RULING/RATIONALE:
The constitution lays down a number of powers vested in the president. However, the
powers of the President cannot be said to be limited only to the specific powers
enumerated in the Constitution. In other words, executive power is more than the sum of
specific powers so enumerated. It has been advanced that whatever power inherent in the
government that is neither legislative nor judicial has to be executive.
The power involved is the President's residual power to protect the general welfare of the
people. It is founded on the duty of the President, as steward of the people. The power of
the President to keep the peace is not limited merely to exercising the commander-in-chief
powers in times of emergency or to leading the State against external and internal threats
to its existence.
DISPOSITION: Petition for mandamus and prohibition is DISMISSED

SEPARATE RULINGS:
 MARCOS vs MANGLAPUS
G.R. No. 88211 October 27, 1989 EN BANC
Petitioners Respondents
Marcoses(Ferdinand, Imelda, et.al.) Raul Manglapus
FACTS OF THE CASE:

The Sept. 15 Decision dismissed the petition by a vote of eight (8) to seven (7), after
finding that the President did not act arbitrarily or with grave abuse of discretion in
determining that the return of Marcos and his family poses a threat to the national interest
and welfare of the country. In the interregnum between the Sept. 15 Decision and this Oct.
27 Reso, Marcos died on Sept. 28 1989 in Honolulu, Hawaii. President Aquino again
denied the request for the return of Marcos’ remains.

ISSUES: Ruling

1. Whether or not the President has the power under the Constitution, to Yes
bar the Marcoses from returning to the Philippines

RULING/RATIONALE:
The death of Mr. Marcos, although it may be viewed as a supervening event, has not
changed the factual scenario under which the Court's decision was rendered. The threats
to the government, to which the return of the Marcoses has been viewed to provide a
catalytic effect, have not been shown to have ceased.

The President, upon whom executive power is vested, has unstated residual powers which
are implied from the grant of executive power and which are necessary for her to comply
with her duties under the Constitution. The powers of the President are not limited to what
are expressly enumerated in the article on the Executive Department and in scattered
provisions of the Constitution.

Among the duties of the President under the Constitution, in compliance with his (or her)
oath of office, is to protect and promote the interest and welfare of the people. Her decision
to bar the return of the Marcoses and subsequently, the remains of Mr. Marcos at the
present time and under present circumstances is in compliance with this bounden duty. In
the absence of a clear showing that she had acted with arbitrariness or with grave abuse of
discretion in arriving at this decision, the Court will not enjoin the implementation of this
decision.

DISPOSITION: Motion for reconsideration is DENIED

SEPARATE RULINGS: