Marcos vs. Manglapus, G.R. no. 88211, September 15, 1989

Facts : In February 1986, Ferdinand E. Marcos was deposed from presidency via people power and forced into exile in Hawaii. Nearly three years after, in his deathbed seeks return to the Philippines to die.

Thus, this petition for mandamus and prohibition asks the Court to order the respondent to issue travel documents to Mr. Marcos and the immediate members of his family and to enjoin the the implementation of President Aquino’s decision to bar their return to the Philippines.

Petitioners contend that the right of the Marcoses to return to the Philippines is guaranteed under the Bill of Rights. That the President is without power to impair the liberty of abode of the Marcoses because only the court may do so “within the limits prescribed by law.” The President has enumerated powers and what is not enumerated is impliedly denied to her.

Issues : Whether or not the President has the power under the Constitution, to bar Marcoses from returning to the Philippines

Whether or not the President acted arbitrarily or with grave abuse of discretion amounting to lack or excess of jurisdiction upon determining that the Marcoses’s return poses a serious threat to national interest and welfare and decided to bar their return

Held : The executive power of the President under the Constitution is more than the sum of specific powers enumerated under the Constitution. In 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. Presidential power is a wide discretion, within the bounds of laws and extraordinary in times of emergency.

The President did not act arbitrarily or with grave abuse of discretion in determining that the return of former President Marcos and his family poses a serious threat to national interest and welfare. There exist factual bases in the President’s decision in the pleadings, oral arguments and facts filed by the parties during the briefing in chambers by the Chief of Staff of the Armed of the Philppines and National Security Adviser.

That the President has the power under the Constitution to bar the Macrose’s from returning has been recognized by the members of the Legislature. Through a Resolution proposed in the House of Representative, signed by 103 members urging the President to allow Mr. Marcos to return to the Philippines –an act of true national reconciliation. The Resolution does not question the President’s power but was an appeal to allow a man to come home and to die in his country. Such request submit to the exercise of a broader discretion on the part of the President to determine whether it must be granted or not.

The case is not a political question and for such, the court exercised its judicial power involving the determination whether there has been a grave abuse of discretion on the part of any branch or instrumnetality of the government.

Petition is hereby DISMISSED.