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11 Marcos vs. Manglapus PDF
11 Marcos vs. Manglapus PDF
*
G.R. No. 88211. October 27, 1989
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11/5/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 178
_______________
* EN BANC.
761
abuses under the regime of Mr. Marcos, for the result was a
limitation of specific powers of the President, particularly those
relating to the commander-in-chief clause, but not a diminution
of the general grant of executive power.
762
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RESOLUTION
EN BANC:
In the interest of the safety of those who will take the death of
Mr. Marcos in widely and passionately conflicting ways, and for
the tranquility of the state and order of society, the remains of
Ferdinand E. Marcos will not be allowed to be brought to our
country until such time as the government, be it under this
administration or the succeeding one, shall otherwise decide.
[Motion for Reconsideration, p. 1; Rollo, p. 443.]
763
764
765
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11/5/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 178
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11/5/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 178
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768
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11/5/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 178
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The case has curious trappings of a deja vu, the shoe being
on the other foot, yet, as I stated before, I can not allow
personal emotions to soften my “hardened impartiality”
and deny, as a consequence, the rights of the ex-
President’s bereaved to bury his remains in his homeland,
and for them to return from exile. As I had, then, voted to
grant the petition, so do I vote to grant reconsideration.
I have gone to lengths to locate in the four corners of the
Constitution, by direct grant or by implication, the
President’s supposed “residual” power to forbid citizens
from entering the motherland reiterated in the resolution
of the majority. I have found none.
I am not agreed, that:
770
——o0o——
772
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