FERDINAND MARCOS V. HON.

RAUL MANGLAPUS

G.R. No. 88211

Date: 1989-10-27

FACTS:

The Court casted a ballot 8-7 to dismiss the request of the Marcos family to
permit the arrival of previous President Ferdinand Marcos from Honolulu, Hawaii to the
Philippines On September 15, 1989. In addition, the Court held that President Aquino
haven’t acted discretionarily with grave abuse of discretion upon knowing that the arrival
of previous President Marcos and his family represent a danger to public interest. This
then confirmed the constitutionality of President Corazon Aquino's refusal, dreading the
threats that may emerge once the Marcos’ remains were to be taken back to the
country.

ISSUES:

(1) Whether or not President Aquino has the power to refuse Marcos’ return to the
country.
(2) Whether or not President Aquino’s refusal could be equated to dictatorship.

RULING:

(1) YES, President Aquino has the power to refuse Marcos’ return to the country.
(2) NO, President Aquino’s refusal could not be equated to dictatorship.

RATIO DECIDENDI:

The President definitely possess implicit residual forces which are inferred from
the executive power vested within her. These are essential for her to conform to her
obligations under the Constitution. Her powers are not limited in the bounds of the
executive and the Constitution.

The President’s residual powers under the Constitution should not be confused
with the ones under the 1973 Constitution to administer as per Amendment No. 6 which
refers to an “express grant of power.”