Marcos v.

Manglapus
G.R. No. 88211
September 15, 1989
(Executive Power of the President)

Facts: President Ferdinand Marcos was overthrown in the 1986 Revolution and was forced into
exile.

Issue: Whether President Corazon Aquino may prohibit the Marcoses from returning to the
Philippines.

Held: Yes. Under the principle of separation of powers, the executive, legislative, and judicial
powers of government are vested in the President, the Congress, and the Judiciary respectively.
The view that the President's powers are limited to those specifically enumerated in the 1987
Constitution is untenable. Although the 1987 Constitution imposes limitations on the exercise
of specific powers of the President, it maintains intact what is traditionally considered as within
the scope of "executive power." Executive power is more than the sum of specific powers so
enumerated. It would not be accurate to state that "executive power" is the power to enforce the
laws, for the President is head of state as well as head of government and whatever powers
integral in such positions pertain to the office unless the Constitution itself withholds it.  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. Thus, whatever power inherent in the government that is neither
legislative nor judicial must be executive. The power to prevent the Marcoses from returning to
the country in the interest of national security is one such residual power.

Rafael Ian L. Andal

Administrative & Election Law with Public Officers
Case Digests