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Marcos vs. Manglapus (Final Digest)

This case summary discusses Marcos vs. Manglapus, a 1989 Supreme Court of the Philippines case regarding President Corazon Aquino's ban on former President Ferdinand Marcos returning to the Philippines from exile in Hawaii. The summary notes that Aquino banned Marcos's return due to threats he still posed to national security and the fragile economy from the plunder attributed to his regime. The Supreme Court upheld the ban, finding that Aquino was well within her powers as President to protect national interests and security.

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Gabrielle Santos
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675 views1 page

Marcos vs. Manglapus (Final Digest)

This case summary discusses Marcos vs. Manglapus, a 1989 Supreme Court of the Philippines case regarding President Corazon Aquino's ban on former President Ferdinand Marcos returning to the Philippines from exile in Hawaii. The summary notes that Aquino banned Marcos's return due to threats he still posed to national security and the fragile economy from the plunder attributed to his regime. The Supreme Court upheld the ban, finding that Aquino was well within her powers as President to protect national interests and security.

Uploaded by

Gabrielle Santos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Santos, Gabrielle Adine D.

JD 104 – Introduction to Law


August 17, 2017

MARCOS VS. MANGLAPUS


GR No. 88211 | September 15, 1989

FACTS: 2. W/N THE PRESIDENT HAS MADE A FINDING THAT THE


RETURN OF MARCOS WOULD IS A CLEAR, PRESENT, DANGER
1. The transition from having a president who is a disctator to a president de TO NATIONAL SECURITY, PUBLIC SAFETY, PUBLIC HEALTH?
jure is not easy. As Marcos and his family was forced into exile in Hawaii, YES
President Aquino’s rule ascention to power under a revolutionary
government have not been unchallenged. The history of the efforts of the Marcose's and their followers to destabilize the
Among the challenges they faced: country, concludes that the return of the Marcoses at this time would only
a. Failed Manila Hotel coup let by political leaders of Mr. Marcos exacerbate and intensify the violence directed against the State and instigate
b. The take over of TV Channel 7 by Col. Canlas with the support of more chaos.
“Marcos loyalists”
c. Unsucessful plot of the Marcos spouses to return to the PH with The President did not act without jurisdiction in determining that the return of
mercaniries aboard an aircraft chartered by a Lebanese arms dealer the Marcoses poses a serious threat to the national interest and welfare and in
This shows that even if the Marcoses are far-off, they are capable of stirring prohibiting their return.
trouble.
2. Nor are the trials of the Republic political. The accumulated foreign debt SC held that the country is only now beginning to recover from the hardships
and the plunder of nation attributed to Mr. Marcos and his cronies left the brought about by the plunder of the economy attributed to the Marcoses.The
economy devastated. President has determined that the destabilization caused by the return of the
3. Marcos, in his deathbed, has signified his wish to return to the PH. Aquino, Marcoses would wipe away the gains achieved during the past few years and
considering the dire consequences of his return at a time where the lead to total economic collapse. The SC agrees with the actions of the President.
government is threatened from various directions and the economy is just
beginning to rise from plunder, has stood firmly on banning his return to the
Philippines.

ISSUES:
1. W/N THE PRESIDENT HAS THE POWER TO BAR THE RETURN
OF MARCOS AND HIS FAMILY? YES

The President has an obligation under the Constitution to protect the people,
promote their welfare, and advance the national interest. The President is
not only clothed with extraordinary powers in times of emergency, but is
also tasked with attending to the day-to-day problems of maintaining peace
and order and ensuring domestic tranquility in times when no foreign foe
appears on the horizon.

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