Marcus vs Manglapus

Here are some digested cases from the Jurisprudence regarding issues related to the Executive Department. I know, I digested it differently but this is how I remember things easily. You still have to read the whole Jurisprudence. You will never understand the things I wrote below, maybe some but perhaps most of the things I jot down are only the important ones and I might even forgot some important key factors, unless you have read the original text. Do not rely too much ion this. These digested cases will just help you remember things out during oral recitations. God bless future lawyers!

Marcos vs Manglapus

GR No. 88211

October 27, 1989

Marcos’s filed a motion for reconsideration after the Court denied their petition through vote of 7-8 in favor of disbarring the Marcos’s to return to the Philippines after the death of Ferdinand Marcos due to threat to national interest and welfare.

Arguments by Marcos’s:

1.    Inherent right to return

2.    Protection of Constitution (all rights vested of Filipinos)

3.    President has no power to bar a Filipino

4.    No basis for barring

Arguments by Solicitor General: praying for the Motion of Reconsideration to be denied

1.    The right to return is in reality giving the Marcos’s the right to destabilize the country and right to hide the Marcos’s incessant shadowy orchestrated efforts to destabilization

Rules of Court: Denied the Motion for Reconsideration

1.    Burden is upon the movant

2.    Although F. Marcos already died, still it has not change the factual event that would lead to threats to government

3.    President has residual powers; not limited to what it is expressed in Constitution. The limitations of the Executive does not mean lessening of the general grant of executive power

4.    President’s duty to promote the interest and welfare of People

Stare Decisis:

Meyer vs US

Federal Executive could exercisenpower from sources not enumerated, so long as not forbidden in Constitution.

Executive Power – the authority is implied unless expressly given

1.    Given in general terms

2.    Strengthened by specific terms where emphasis is regarded

3.    Limited by direct expressions

Inherent Power is not synonym for power without limit. It suggests that not all powers grant in the Constitution are exhausted internally.