Marcos v Manglapus GR 88211 October 27, 1989 Ponente: Cortes Facts: In February 1986, Ferdinand Marcos was removed

from his position as President and was forced to exile through the people power revolution. Thereafter, Cory Aquino was declared the President. This ascension to the said position was challenged by many events and controversies like the failed Manila Hotel coup by the political leaders of Marcos, the takeover of Channel 7 TV station with the support of Marcos loyalist and the failed return of the Marcos spouses from Hawaii. These were just some of the events that happened under the presidency of Cory Aquino. In addition, Marcos and his cronies left the economy greatly devastated. With all these things that happened, the Aquino administration worked hard to stabilize the condition of the Philippines. In the case at bar, former President Marcos wishes to return to the Philippines to die. However, Aquino stood on her decision not to allow the Marcos family to return in the Philippines considering the abovementioned events that challenged the Aquino administration. Hence, this petition. Issue: Whether or not President Aquino may prohibit the Marcos family to return to the Philippines Held: Yes. President Cory Aquino may prohibit the Marcos family to return to the Philippines. Under Section 1 of Art VII of the Constitution, the executive power shall be vested in the President of the Philippines. This executive power merely means the power to execute or enforce the law. However, this is not only the power of the President. And, it would be inaccurate for the head of the State if his power would be limited only to the execution of laws. The power of the President is not only to execute laws but to make sure that he does his duties and he makes decisions taking into consideration the welfare and the national interest of the people as this is under the Constitution. In the case at bar, the problem was the balancing of the rights of a person and the welfare of the people. However, with the Presidents decision of prohibiting the Marcos family to return to the Philippines, President Aquino upheld his duty to serve and protect the people by considering the national interest. As explained by the Court, this power of the President to protect the general welfare of the people is founded on the residual power the duty to do anything not forbidden by the Constitution or the laws that the needs of the nation demand. In the case at bar, the President exercised her power as protector of the peace as this power is not limited to cases of emergency. This power must be exercised in day-to-day problems. Even though the violence was not yet present then, the President should not wait for it to happen. Also, the president did not act arbitrarily as she gave factual basis to her decision. With the foregoing violence in attempt to destablilize the country, the return of the Marcos would exacerbate the violence as it was described be the proverbial final straw that would break the camels back.