Cacatian, Genelyn A.

JD104
2018073051

Ferdinand E. Marcos vs. Raul Manglapus

G.R No. 88211

Facts:

After the death of former President Marcos in Honolulu, Hawaii, his family
petitioned to return to the Philippines which was dismissed by the Court and
denied by then President Aquino.

Issues:

1. Whether or not the President has the power, under the Constitution, to bar the
Marcoses from returning to the Philippines.
2. Whether or not the President acted arbitrarily or with grave abuse of discretion
amounting to lack or excess of jurisdiction when she determined that the return of
the Marcoses to the Philippines poses a serious threat to national interest and
welfare and decided to bar their return.

Ruling:

1. The Court ruled that the President, upon whom executive power is vested, has
unstated residual powers which are implied from the grant of executive power
which are necessary for her to comply with her duties. One of the duties of the
President under the Constitution is to protect and promote the interest and
welfare of the people. The return of the Marcoses will cause destabilization and a
threat to the government.

2. The documented history of the efforts of the Marcoses and their followers to
destabilize the country bolsters the conclusion that their return at this time would
only exacerbate and intensify the violence directed against the state and instigate
more chaos.

The State, acting through the Government, is not precluded from taking
preemptive actions against threats to its existence if, though still nascent they are
perceived as apt to become serious and direct protection of the people is the
essence of the duty of the government.

The Court ruled that the President did not act arbitrarily or with grave abuse of
discretion in determining the return of the petitioners at the present time and
under present circumstances poses a serious threat to national interest and
welfare prohibiting their return to the Philippines.