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Facts: In its decision dated September 15, 1989, the Court by a vote of eight to seven, dismissed the petition, after finding that the President did not act arbitrarily or with grave abuse of discretion in determining that the return of former President Marcos and his family pose a threat to national interest and welfare and in prohibiting their return to the Philippines. On September 28, 1989, Marcos died in Honolulu, Hawaii. President Corazon Aquino issued a statement saying that in the interest of the safety of those who will take the death of Marcos in widely and passionately conflicting ways, and for the tranquility and order of the state and society, she did not allow the remains of Marcos to be brought back in the Philippines. A motion for Reconsideration was filed by the petitioners raising the following arguments: Barring their return would deny them their inherent right as citizens to return to their country of birth and all other rights guaranteed by the Constitution to all Filipinos. The President has no power to bar a Filipino from his own country; if she has, she had exercised it arbitrarily. There is no basis for barring the return of the family of former President Marcos. Issue: Whether or not the motion for reconsideration that the Marcoses be allowed to return in the Philippines be granted. Decision: No. The Marcoses were not allowed to return. Motion for Reconsideration denied because of lack of merit. Petitioners failed to show any compelling reason to warrant reconsideration. Factual scenario during the time Court rendered its decision has not changed. The threats to the government, to which the return of the Marcoses has been viewed to provide a catalytic effect, have not been shown to have ceased. Imelda Marcos also called President Aquino illegal claiming that it is Ferdinand Marcos who is the legal president. President has unstated residual powers implied from grant of executive power. Enumerations are merely for specifying principal articles implied in the definition; leaving the rest to flow from general grant that power, interpreted in conformity with other parts of the Constitution (Hamilton). Executive unlike Congress can exercise power from sources not enumerates so long as not forbidden by constitutional text (Myers vs. US). This does not amount to dictatorship. Amendment No. 6 expressly granted Marcos power of legislation whereas 1987 Constitution granted Aquino with implied powers. It is within Aquinos power to protect & promote interest & welfare of the people. She bound to comply w/ that duty and there is no proof that she acted arbitrarily

G.R. No. 88211, October 27, 1989 Marcos, petitioner VS. Manglapus, respondent (Part 2)

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