MARCOS vs MANGLAPUS

This case is about the Marcos familys MOTION FOR RECONSIDERATION to allow them to return to their home
country after their exile in response to the dismissal of their original petition.
FACTS:
On Sep 15, 1989, the Marcos familys first petition to allow them to return to their country was dismissed by a vote of 8 against 7,
after the Court declared that President Aquino did not act with grave abuse of discretion in barring the Marcoses from returning as the
same will pose a threat to national interest and welfare.

On Sep 28, 1989, Marcos died in Honolulu, Hawaii. In light of this, President Aquino proclaimed that for the order of society, the
remains of the former president will not be allowed to return to the country until such time as the government shall otherwise decide.

The Marcoses filed a motion for reconsideration on Oct 2, 1989 raising the following arguments against the respondents:

1. To bar the Marcoses is to deny them the inherent right of citizens to return to their country and protection of the rights
guaranteed to them as Filipinos under the Constitution
2. President Aquino has no power to bar a Filipino from his own country, if she has, she exercised it arbitrarily
3. Imelda reinforced that President Aquino is not the legal president of the Philippines

The Solicitor-General prays for the motion to be denied for lack of merit as it is already moot and academic as to the deceased former
President Marcos.

ISSUE: Does President Aquino have the power and legal basis to bar the return of the Marcos family to their home country?
With the former presidents death, will barring the Marcos Family, who claim to have inherent rights, from returning to the country
constitute a grave abuse of discretion?

HELD: The Court resolved to DENY the Motion for Reconsideration for lack of merit.
1. There were no compelling reasons established by the petitioners to allow a reconsideration
2. The death of Ferdinand Marcos did not change the factual scenario as threats to the government, to which the return of the
Marcoses may provide catalytic effect, have not shown to be ceased.
3.
a. The President has unstated residual powers from the grant of executive power; she can exercise power from sources
not enumerated so long as not explicitly forbidden by the constitutional text, which are needed for her to comply
with her duties under the current Constitution.
b. The present (1987) Constitutions residual powers are distinct from that of 1973s pursuant to Amendment 6, which
allowed Marcos to stage the Martial Law in that the latter allowed the President an express grant of power as well
as a specific power of legislation (Meaning he himself can pass/amend/revise laws of any kind at any time
immediately)
4. President Aquino in barring the Marcoses is acting within her jurisdiction to protect and promote the interest and welfare of
the people as latters right as a Filipino to return, incites a right to destabilize the country and also a right to hide their
incessant orchestrated efforts at destabilization.

Dissenting Opinions

CRUZ: The security threat already died with Marcos, as he has been reduced to a non-person.

PARAS: Though dead, the former president is still entitled to some rights and the human rights of his widow and family members still
subsist. Alleged threats to national security remained unproved.

Our AFP can easily control any possible uprising or military destabilization. In fact, if we do not allow the remains to return,
more trouble may be expected.o

To grant the petition may soften the hearts of the oppositionists, making way for a united citizenry.

PADILLA: Constitution applies to all Filipinos, thus it is irrelevant to say that the Constitution and human right to be buried in this
country would apply to all Filipinos except Mr. Marcos, because he was a dictator and plunderer. Marcos supporters pose a greater
threat to peace and order with Marcos deprived of his right to burial in the country.

SARMIENTO: President Aquinos residual power to forbid citizens from entering their country cant be found in the Constitution.
President gives assurances to foreign investors of the stability of the nation and the governments capacity to quell forces.