Marcos v. Manglapus

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Marcos vs.

Manglapus
G.R No. 88211

Facts:
The petition for mandamus and prohibition was filed before the Supreme Court by the petitioner (former President Marcos and his Family), asking the Court to issue travel documents to him and to his family and to enjoin the Presidents decision to bar their return to the Country. The case for the petitioners were founded on the assertion that their right to return in the Country was guaranteed under Section 1 and 6 of the Bill of Rights as well as in Section 13 of the Universal Declaration of Human Rights under International Law. Likewise, such right was within the International Covenant of Civil and Political right, which was ratified in the country. Respondent argued that the case involved political question which was non-justiciable. Consequently, the Court came out with a well-debated Resolution clarifying the substance of the legal issue. First was to determine the power of the President under the Constitution, to bar the Marcoss from returning the country. Then, to determine if the President acted arbitrarily or with abuse of discretion on barring the return of the Marcoss to the country pursuant to her Executive Power as provided in the provisions of the Constitution.

Issue:
Whether or not it is lawful for the President to bar return of Marcoss in the Country pursuant to the Executive Powers vested in her by the 1987 Constitution

Held:
The Members of the Court dismissed the petition filed by Marcoss for they found no abuse of discretion on the part of the President in barring the return of the former President and his family to the country. T he Court

could not close its eyes in the present realities and pretend that the country was not snowed under by well-organized groups--the documented efforts of the petitioner and his followers to destabilized the government, which made the Court conclude that the return of the Marcoss would only exacerbate and intensify violence against the State and instigate chaos. Accordingly, the Presidents decision was based on the pleadings and oral argument filed by the parties concerned.

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