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John Dexter A.

Fuentes

MARCOS v. MANGLAPUS
G.R. No. 88211, October 27, 1989, EN BANC, (Cortes, J.)

Facts:
After the EDSA Revolution of 1986 former President Marcos and
family was forced into exile. He was sent to Hawaii and he stayed there up
to his death.
Nearing the death of Ferdinand Marcos, petitioners filed for a
petition of mandamus and prohibition to order the respondents to issue
them their travel documents and prevent the implementation of President
Aquino’s decision to bar Marcos from returning in the Philippines.
The supervening events that gave reason to President Aquino to bar
the family from returning are:
a. Failed Manila Hotel coup in 1986 led by Marcos’ leaders
b. Channel 7 was taken over by rebels and loyalists
c. Plan of the Marcoses to return with mercenaries abroad a chartered
plane of a Lebanese arms dealer
d. Honasan’s failed coup
e. Communist insurgency movements
f. Secessionist movements of Mindanao
In September 15, 1989, the Supreme Court, by vote of 8 to 7,
dismissed the petition, that President Aquino did not act arbitrary or with
grave abuse of discretion in determining that the return of former
President Marcos and his family pose a threat on national security.
On September 28, 1989, Ferdinand Marcos died in Honolulu, Hawaii.
In a statement, President Aquino did not allow the return of the
remains of Ferdinand Marcos.
ISSUE:
May the President bar the return of the remains of Mr. Ferdinand
Marcos for his burial in the Philippines?
RULING:
Yes. Even though it is not one of the President’s express powers, the
President still possess unstated residual powers which are implied from the
grant of the executive powers and which are necessary for her to comply
with her duties under the Constitution.
Among the duties of the President under the Constitution, in
compliance with his oath of office, is to protect and promote the interest
and welfare of the people.