FERDINAND E. MARCOS vs. HON.

RAUL MANGLAPUS (177 SCRA 668)

Facts:

After Ferdinand Marcos was deposed from the presidency, he and his family fled to Hawaii. Now in his
deathbed, petitioners are asking the court to order the respondents to issue their travel documents and
enjoin the implementation of the Presidents decision to bar their return to the Philippines. Petitioners
contend under the provision of the Bill of Rights that the President is without power to impair their liberty
of abode because only a court may do so within the limits prescribed by law. Nor, according to the
petitioners, may the President impair their right to travel because no law has authorized her to do so.

Issue:

Does the president have the power to bar the Marcoses from returning to the Philippines?

Ruling:

The President has the obligation, under the Constitution to protect the people, promote their welfare and
advance national interest.

This case calls for the exercise of the Presidents power as protector of the peace. The president is not
only clothed with extraordinary powers in times of emergency, but is also tasked with day-to-day problems
of maintaining peace and order and ensuring domestic tranquility in times when no foreign foe appears on
the horizon.

The documented history of the efforts of the Marcoses and their followers to destabilize the country
bolsters the conclusion that their return at this time would only exacerbate and intensify the violence
directed against the state and instigate more chaos.

The State, acting through the Government, is not precluded from taking preemptive actions against
threats to its existence if, though still nascent they are perceived as apt to become serious and direct
protection of the people is the essence of the duty of the government.

The Supreme Court held that the President did not act arbitrarily or with grave abuse of discretion in
determining the return of the petitioners at the present time and under present circumstances poses a
serious threat to national interest and welfare prohibiting their return to the Philippines. The petition is
DISMISSED.