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    Marcos v. Manglapus, 178 SCRA 760 1

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    The Supreme Court of the Philippines ruled 8-7 to dismiss former President Ferdinand Marcos' petition allowing him and his family to return from Honolulu, Hawaii to the Philippines. The Court held that current President Corazon Aquino did not abuse her discretion in determining that their return at this time could threaten national interests and welfare. Marcos later died in Hawaii on September 28, 1989. President Aquino then stated that Marcos' remains would not be allowed in the Philippines for now due to concerns about public safety over reactions to his death. The Court affirmed that the President has implied executive powers to protect national interests and welfare as part of her constitutional duties.

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    Marcos v. Manglapus, 178 SCRA 760 1

    Uploaded by

    Multi Purpose
    47 views1 page
    The Supreme Court of the Philippines ruled 8-7 to dismiss former President Ferdinand Marcos' petition allowing him and his family to return from Honolulu, Hawaii to the Philippines. The Court held that current President Corazon Aquino did not abuse her discretion in determining that their return at this time could threaten national interests and welfare. Marcos later died in Hawaii on September 28, 1989. President Aquino then stated that Marcos' remains would not be allowed in the Philippines for now due to concerns about public safety over reactions to his death. The Court affirmed that the President has implied executive powers to protect national interests and welfare as part of her constitutional duties.

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    The Supreme Court of the Philippines ruled 8-7 to dismiss former President Ferdinand Marcos' petition allowing him and his family to return from Honolulu, Hawaii to the Philippines. The Court held that current President Corazon Aquino did not abuse her discretion in determining that their return at this time could threaten national interests and welfare. Marcos later died in Hawaii on September 28, 1989. President Aquino then stated that Marcos' remains would not be allowed in the Philippines for now due to concerns about public safety over reactions to his death. The Court affirmed that the President has implied executive powers to protect national interests and welfare as part of her constitutional duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views1 page

    Marcos v. Manglapus, 178 SCRA 760 1

    Uploaded by

    Multi Purpose
    The Supreme Court of the Philippines ruled 8-7 to dismiss former President Ferdinand Marcos' petition allowing him and his family to return from Honolulu, Hawaii to the Philippines. The Court held that current President Corazon Aquino did not abuse her discretion in determining that their return at this time could threaten national interests and welfare. Marcos later died in Hawaii on September 28, 1989. President Aquino then stated that Marcos' remains would not be allowed in the Philippines for now due to concerns about public safety over reactions to his death. The Court affirmed that the President has implied executive powers to protect national interests and welfare as part of her constitutional duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. NO.

    88211 SEPTEMBER 15, 1989

    FERDINAND E. MARCOS, ET. AL

    VS.

    HON. RAUL MANGLAPUS, ET. AL

    FACTS:

    On September 15, 1989, the court by a vote if eight (8) to seven (7), dismissed the petition
    allowing the former president Marcos and his family to return to the Philippines from Honolulu, Hawaii.
    The Court held that President Corazon Aquino did not act arbitrarily with grave abuse of discretion in
    determining that the return of former President Marcos and his family at the present time and under
    present circumstances pose a threat to national interest and welfare. Former Marcos Died in Honolulu,
    Hawaii on September 28, 1989. In a statement, President Aquino said:

    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,
    theremains 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.

    ISSUE:

    Whether or not President Aquino has the power to deny the return of Marcos’ remains and his
    family to the Philippines

    RULING:

    YES, Contrary to petitioners' view, it cannot be denied that 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. The powers of the
    President are not limited to what are expressly enumerated in the article on the Executive Department
    and in scattered provisions of the Constitution. This is so, notwithstanding the avowed intent of the
    members of the Constitutional Commission of 1986 to limit the powers of the President as a reaction to
    the abuses under the regime of Mr. Marcos, for the result was a limitation of specific power of the
    President, particularly those relating to the commander-in-chief clause, but not a diminution of the
    general grant of executive power.

    Among the duties of the President under the Constitution, in compliance with his (or her) oath
    of office, is to protect and promote the interest and welfare of the people. Her decision to bar the return
    of the Marcoses and subsequently, the remains of Mr. Marcos at the present time and under present
    circumstances is in compliance with this bounden duty. In the absence of a clear showing that she had
    acted with arbitrariness or with grave abuse of discretion in arriving at this decision, the Court willnot
    enjoin the implementation of this decision.

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