MARCOS, F. E., et al vs MANGLAPUS, R.

et al

G.R. No. 88211 October 27, 1989 

he Court, by a vote of eight (8) to seven (7), dismissed the petition, after finding that the President did not act arbitrarily or with grave abuse of
discretion in determining that the return of former President Marcos and his family. On September 28, 1989, former President Marcos died in Honolulu,
Hawaii. On October 2, 1989, a Motion for Reconsideration was filed by petitioners,

the Solicitor General asserts that "the 'formal' rights being invoked by the Marcoses under the label 'right to return', including the label 'return of Marcos'
remains, is in reality or substance a 'right' to destabilize the country, a 'right' to hide the Marcoses' incessant shadowy orchestrated efforts at
destabilization."

ISSUE:

Whether or not, in the exercise of the powers granted by the Constitution, the President may prohibit the Marcoses from returning to the Philippines.

RULING:

Yes

According to Section 1, Article VII of the 1987 Constitution: "The executive power shall be vested in the President of the Philippines." The phrase,
however, does not define what is meant by executive power although the same article tackles on exercises of certain powers by the President such as
appointing power during recess of the Congress (S.16), control of all the executive departments, bureaus, and offices (Section 17), power to grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment (Section 19), treaty making power (Section
21), borrowing power (Section 20), budgetary power (Section 22), informing power (Section 23).

The Constitution may have grant powers to the President, it cannot be said to be limited only to the specific powers enumerated in the Constitution.
Whatever power inherent in the government that is neither legislative nor judicial has to be executive.

the Court resolved to DENY the Motion for Reconsideration for lack of merit