G.R. No.

88211 October 27, 1989

MARCOS v. MANGLAPUS

FACTS

Former President Marcos was deposed from the presidency through people power revolution which
resulted to his and is familys forced exile. Marcos, in his deathbed, sought to return to the Philippines to
die, after spending three years of exile in Hawaii, USA. However, President Corazon Aquino averred that
allowing the return of Marcos and his family might result to dire consequences to the nation as the
governments stability had been threatened from various events that transpired one of which is the failed
Manila Hotel coup in 1986 led by Marcos staunch leaders. Marcos filed a petition for mandamus and
prohibition to grant them their travel documents and questioned President Cory Aquinos power ti bar his
return in the country. Additionally, Marcos invoked their basic rights and that Presidents decision to bar
them deprives them of their right to life, liberty, property without due process and equal protection of the
laws.

The court decided (8-7) that President Aquinos disapproval to issue travel documents to Marcoses is
within her power as the president on the ground that Marcos return poses threat to national security and
has not in any way decided on it with grave abuse of discretion on September 15, 1989. Marcos died in
Hawaii on September 29, 1989 and President Aquino declared his remains will not be allowed to be
brought in the country until such time as the government, under Corys or succeeding administration
decide otherwise. This was done to prevent any tranquility of the state and order of society which might
arise from those who will take the death of Marcos passionately.

ISSUE

Whether or not Ferdinand Marcos, in deathbed, can still claim a basic right, legally demandable and
enforceable

HELD

Article 42 of the Civil Code of the Philippines states that:

Civil personality is extinguished by death. The effect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will.

In the case at bar, it is then within the discretion of President Cory Aquino, resting in her executive power
to allow or deny Marcos return in the country. Marcos, by death, has extinguished his civil personality.
The Court ruled that President Aquino did not act arbitrarily or 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 poses a serious threat to national interest and welfare and in prohibiting their return
to the Philippines. Hence, petition is DISMISSED.