G.R. No. 88211 September
15 1989
FACTS:
Former President Marcos, after his and his family spent three
year exile in Hawaii, USA, sought to return to the Philippines. The call is
about to request of Marcos family to order the respondents to issue travel
order to them and to enjoin the petition of the President's decision to bar
their return to the Philippines.
ISSUE:
Whether or not, in the exercise of the powers granted by the Constitution, the President may prohibit the Marcoses from returning to the Philippines.
RULING:
Yes
According to Section 1, Article VII of the 1987 Constitution: "The executive power shall be vested in the President of the Philippines." The phrase, however, does not define what is meant by executive power although the same article tackles on exercises of certain powers by the President such as appointing power during recess of the Congress (S.16), control of all the executive departments, bureaus, and offices (Section 17), power to grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment (Section 19), treaty making power (Section 21), borrowing power (Section 20), budgetary power (Section 22), informing power (Section 23).
The Constitution may have grant powers to the President, it cannot be said to be limited only to the specific powers enumerated in the Constitution. Whatever power inherent in the government that is neither legislative nor judicial has to be executive.
ISSUE:
Whether or not, in the exercise of the powers granted by the Constitution, the President may prohibit the Marcoses from returning to the Philippines.
RULING:
Yes
According to Section 1, Article VII of the 1987 Constitution: "The executive power shall be vested in the President of the Philippines." The phrase, however, does not define what is meant by executive power although the same article tackles on exercises of certain powers by the President such as appointing power during recess of the Congress (S.16), control of all the executive departments, bureaus, and offices (Section 17), power to grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment (Section 19), treaty making power (Section 21), borrowing power (Section 20), budgetary power (Section 22), informing power (Section 23).
The Constitution may have grant powers to the President, it cannot be said to be limited only to the specific powers enumerated in the Constitution. Whatever power inherent in the government that is neither legislative nor judicial has to be executive.
