TITLE PERTINENT FACTS
1 MARCOS VS After being exiled in Hawaii as a result of the Power Power
MANGLAPUS, which ousted the Marcos Administration from power, Mr.
177 SCRA 668 Marcos, in his deathbed, has signified his wish to return to the
Philippines to die. But Mrs. Aquino has stood firmly on the
decision to bar the return of Mr. Marcos and his family.
2 EMMANUEL T. Aquino accused Pontejos and Atos of conspiring to exact
PONTEJOS vs. money in exchange for a favorable decision of a case
OFFICE OF THE against Roderick Ngo then pending in the HLURB. He
OMBUDSMAN further averred that Pontejos acted as his counsel during the
and RESTITUTO time when the latter was the hearing officer of the case.
AQUINO Moreover, Atos allegedly received P10,000 in check, which
was part of the consideration for a favorable decision.
Imperial was implicated as an alleged accomplice.
RULING
Absent a statute authorizing the President to ban the return of Mr Marcos,
the President still have the power to impose the ban. The powers of the
President cannot be said to be limited only to the specific powers enumerated
in the Constitution.
The President has the obligation under the Constitution to protect the people,
promote their welfare and advance the national interest. To the President,
the problem is one of balancing the general welfare and the common good
against the exercise of rights of certain individuals. The power involved is
the President's residual power to protect the general welfare of the
people. It is founded on the duty of the President, as steward of the people.
This case should not create a precedent. Exceptional case of a dictator
The decision on whether to prosecute and whom to indict is executive in
character. It is the prosecution that could essentially determine the strength
of pursuing a case against an accused. The power to prosecute includes
the right to determine who shall be prosecuted and the corollary right to
decide whom not to prosecute.”
It is constitutionally permissible for Congress to vest the prosecutor
with the power to determine who can qualify as a witness and be
granted immunity from prosecution.