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    Marcos v. Manglapus 177 SCRA 668 178 SCRA 760

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    Maan Laspinas
    The Supreme Court ruled that the President has the power under the Constitution to bar Ferdinand Marcos and his family from returning to the Philippines. The preservation of the State and people's sovereignty is the President's highest obligation. While the Constitution limits some of the President's specific powers, executive power encompasses more than those enumerated. This residual power allows the President to protect the general welfare and national interest, such as preventing threats to the government's stability and economic recovery. The Court found that the President did not act arbitrarily or abuse her discretion in determining that Marcos' return posed a serious risk.

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    Marcos v. Manglapus 177 SCRA 668 178 SCRA 760

    Uploaded by

    Maan Laspinas
    43 views1 page
    The Supreme Court ruled that the President has the power under the Constitution to bar Ferdinand Marcos and his family from returning to the Philippines. The preservation of the State and people's sovereignty is the President's highest obligation. While the Constitution limits some of the President's specific powers, executive power encompasses more than those enumerated. This residual power allows the President to protect the general welfare and national interest, such as preventing threats to the government's stability and economic recovery. The Court found that the President did not act arbitrarily or abuse her discretion in determining that Marcos' return posed a serious risk.

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    1. Marcos v. Manglapus 177 SCRA 668 178 SCRA 760

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    The Supreme Court ruled that the President has the power under the Constitution to bar Ferdinand Marcos and his family from returning to the Philippines. The preservation of the State and people's sovereignty is the President's highest obligation. While the Constitution limits some of the President's specific powers, executive power encompasses more than those enumerated. This residual power allows the President to protect the general welfare and national interest, such as preventing threats to the government's stability and economic recovery. The Court found that the President did not act arbitrarily or abuse her discretion in determining that Marcos' return posed a serious risk.

    Copyright:

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

    Marcos v. Manglapus 177 SCRA 668 178 SCRA 760

    Uploaded by

    Maan Laspinas
    The Supreme Court ruled that the President has the power under the Constitution to bar Ferdinand Marcos and his family from returning to the Philippines. The preservation of the State and people's sovereignty is the President's highest obligation. While the Constitution limits some of the President's specific powers, executive power encompasses more than those enumerated. This residual power allows the President to protect the general welfare and national interest, such as preventing threats to the government's stability and economic recovery. The Court found that the President did not act arbitrarily or abuse her discretion in determining that Marcos' return posed a serious risk.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    FERDINAND E. MARCOS, et.al., petitioners, vs.

    HONORABLE RAUL MANGLAPUS, et.al., respondents.


    177 SCRA 668; 178 SCRA 760 (G.R. No. 88211 September 15, 1989)

    Facts

    1. Ferdinand E. Marcos was deposed from the presidency via the non-violent "people
    power" revolution and forced into exile.

    2. Mr. Marcos has signified his wish to return to the Philippines to die. But Pres.
    Aquino, considering the dire consequences to the nation of his return at a time when the
    stability of government is threatened from various directions and the economy is just
    beginning to rise and move forward, has stood firmly on the decision to bar the return of
    Mr. Marcos and his family.

    3. The petition for mandamus and prohibition asks the Courts to order the respondents
    to issue travel documents to Mr. Marcos and the immediate members of his family and
    to enjoin the implementation of the President's decision to bar their return to the
    Philippines.

    Issue:

    1. Whether the President has the power under the Constitution, to bar the Marcoses
    from returning to the Philippines.

    2. Whether 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. Yes. 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." Corollary, the powers of the President cannot be said to be
    limited only to the specific powers enumerated in the Constitution. In other words,
    executive power is more than the sum of specific powers so enumerated.

    To the President, the problem is one of balancing the general welfare and the common
    good against the exercise of rights of certain individuals. The power involved is the
    President's residual power to protect the general welfare of the people. It is founded on
    the duty of the President, as steward of the people.

    2. No. The preservation of the State of the people's sovereignty is an obligation in the
    highest order. The President, sworn to preserve and defend the Constitution and to see
    the faithful execution the laws, cannot shirk from that responsibility. It will not do to
    argue that if the return of the Marcoses to the Philippines will cause the escalation of
    violence against the State,that would be the time for the President to step in and
    exercise the commander-in-chief powers granted her by the Constitution to suppress or
    stamp out such violence. The State, acting through the Government, is not precluded
    from taking pre-emptive action 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 government.

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