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SCRA 668) Case Digest

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.


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


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

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.