G.R. No. 88211
15 September 1989
En Banc
FACTS:
After President Marcos was deposed from presidency via the People Power Revolution, he and his family was forced into exile. Now in his deathbed, the former President has signified his wish to return to the Philippines to die. But President Aquino, considering the dire consequences on the nation on the return at a time when the stability of the government is threatened from various directions, stood firmly on the decision to bar the return of Mr. Marcos and his family.
ISSUE:
Whether, in the exercise of the powers granted by the Constitution, the President may prohibit the Marcoses from returning to the Philippines insofar as the powers enumerated under scope of the Executive are concerned.
RULING:
Although the 1987 Constitution imposes limitation on the exercise of the specific powers of the President, it maintains intact what is traditionally considered as within the scope of the “executive power.” Corollarily, the powers of the President cannot be said to be limited only to the specific powers enumerated in the Constitution. Having sword to defend and uphold the Constitution, the President has the obligation under the Constitution to protect the people, promote their welfare and advance the national interest. It must be borne in mind that the Constitution, aside from being an allocation of power is also a social contract whereby the people have surrendered their sovereign powers to the State for common good. The State, through the Government, is not precluded from taking pre-emptive action against threats to its existence if, though still nascent, they are perceived as apt to become serious and direct.
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