Digest by Clarisse P. Marquez
Graphics by John Mark D. Cariรฑo
FACTS: When Former President Ferdinand Marcos Sr. died in Honolulu, Hawaii, his remains, and his family were barred from returning home to the Philippines by then President Corazon Aquino in consideration of the paramount public safety and interest of the people which may be prejudiced by their return. The threats to the Government, to which the return of the Marcoses has been viewed to provide a catalytic effect, have not been shown to have ceased several years after their exile.
ISSUE: Does the President have the power to bar the Marcoses from returning to the Philippines?
RULING: YES. The powers of the President cannot be said to be limited only to those enumerated in the Constitution. It cannot be denied that the President, upon whom executive power is vested, has unstated residual powers which are implied from the grant of executive power, and which are necessary for her to comply with her duties under the Constitution. The powers of the President are not limited to what are expressly enumerated in the articles on the Executive Department and in scattered provisions of the Constitution. Among the duties of the President under the Constitution, in compliance with his (or her) oath of office, is to protect and promote the interest and welfare of the people. Her decision to bar the return of the Marcoses and subsequently, the remains of Mr. Marcos at the present time and under present circumstances follows this bounden duty.
THE BARRISTER 