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Marcos Vs Manglapus

The document discusses a case between former Philippine President Marcos and President Manglapus regarding President Aquino barring Marcos from returning to the Philippines after being exiled in Hawaii. It provides background facts on events after Marcos was exiled that gave reason for Aquino to bar his return. The Supreme Court ultimately ruled that Aquino did not act arbitrarily in barring Marcos' return for national security reasons. When Marcos died, Aquino also did not allow his remains to return to the Philippines for burial.

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159 views15 pages

Marcos Vs Manglapus

The document discusses a case between former Philippine President Marcos and President Manglapus regarding President Aquino barring Marcos from returning to the Philippines after being exiled in Hawaii. It provides background facts on events after Marcos was exiled that gave reason for Aquino to bar his return. The Supreme Court ultimately ruled that Aquino did not act arbitrarily in barring Marcos' return for national security reasons. When Marcos died, Aquino also did not allow his remains to return to the Philippines for burial.

Uploaded by

Thea Barte
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

MARCOS

vs.
MANGLAPUS
Prepared by: John Dexter Fuentes, Ll.B. 1-F
FACTS
After the EDSA Revolution of 1986,
former President Marcos and his family was
forced into exile.

He was sent to Hawaii and he stayed


there up to his death.
Nearing the death of Ferdinand Marcos,
petitioners filed for a petition of mandamus
and prohibition to order the respondents to
issue them their travel documents and
prevent the implementation of President
Aquino’s decision to bar Marcos from
returning to the Philippines.
The supervening events that gave
reason to President Aquino to bar the
family from returning are:

a. Failed Manila Hotel coup in 1986 led by


Marcos’ leaders
b. Channel 7 was taken over by rebels and
loyalist
c. Plan of the Marcoses to return with
mercenaries aboard a chartered plane of a
Lebanese arms dealer

d. Honasan’s failed coup

e. Communist insurgency movements

f. Secessionist movements in Mindanao


In September 15, 1989, the Supreme
Court, by a vote of 8 to 7, dismissed the
petition 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 pose a
threat on national security.
On September 28, 1989, Ferdinand
Marcos died in Honolulu, Hawaii.

In a statement, President Aquino did


not allow the return of the remains of
Ferdinand Marcos.
ISSUE
May the President bar the return of the remains of
Ferdinand Marcos for his burial in the Philippines?
HELD
Yes. Even though it is not one of the
President’s expressed powers, the President’s
unstated powers which are implied from the
grant of the the executive powers and which are
necessary for her to comply with her duties under
the Constitution.
Among the duties of the President under the
Constitution, in compliance with his oath of office,
is to protect and promote the interest and welfare
of the people.
“I do solemnly swear [or affirm] that I will
faithfully and conscientiously fulfill my duties as
President [or Vice-President or Acting President] of
the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every
man, and consecrate myself to the service of the
Nation. So help me God.”

(Section 5, Article VII of the 1987 Constitution)


THANK YOU.

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