MARCOS, et al vs.

HONORABLE RAUL MANGLAPUS

G.R. No. 88211
September 15, 1989

FACTS:

In 1986, Ferdinand E. Marcos was deposed from the presidency via the non-violent "people power"
revolution and forced into exile. In his stead, Corazon C. Aquino was declared President of the Republic
under a revolutionary government.

Mr. Marcos, in his deathbed, has signified his wish to return to the Philipppines to die. But Mrs. Aquino,
considering the dire consequences to the nation of his return at a time when the stability of government
is threatened from various directions and the economy is just beginning to rise and move forward, has
stood firmly on the decision to bar the return of Mr. Marcos and his family.

ISSUES:

WON in the exercise of the powers granted by the Constitution, the President may prohibit the
Marcoses from returning to the Philippines

HELD:

Yes. Contrary to petitioners' view, it cannot be denied that the President, upon whom executive power
is vested, has unstated residual powers which are implied from the grant of executive power and which
are necessary for her to comply with her duties under the Constitution. The powers of the President are
not limited to what are expressly enumerated in the article on the Executive Department and in
scattered provisions of the Constitution.
 TAWANG MULTI-PURPOSE COOPERATIVE vs. LA TRINIDAD WATER DISTRICT
G.R. No. 166471
March 22, 2011

FACTS:

Tawang Multi-Purpose Cooperative (TMPC) is a cooperative, organized to provide domestic water

services in Barangay Tawang, La Trinidad, Benguet. La Trinidad Water District (LTWD) is a local water
utility created under Section 47 of Presidential Decree (PD) No. 198, as amended. It is authorized to
supply water for domestic, industrial and commercial purposes within the municipality of La Trinidad,
Benguet.

TMPC filed with the National Water Resources Board (NWRB) an application for a certificate of public
convenience (CPC) to operate and maintain a waterworks system in Barangay Tawang. LTWD opposed
TMPCs application, arguing that its franchise is exclusive as provided under PD 198. A CPC is however
granted. LTWD filed a motion for reconsideration but the same was denied by NWRB. LTWD then
appealed to the RTC where it court set aside the NWRB decision. Hence, this petition.

ISSUE:

WON PD 198 prevails over Constitutional provisions in granting franchise to TMPC.

HELD:

NO. In case of conflict between the Constitution and a statute, the Constitution always prevails because
the Constitution is the basic law to which all other laws must conform to. The duty of the Court is to
uphold the Constitution and to declare void all laws that do not conform to it.

1987 Constitution, Article XII, Sec. 11

No franchise, certificate, or any other form of authorization for the operation of a public utility shall be
granted except to citizens of the Philippines or to corporations or associations organized under the laws
of the Philippines, at least sixty per centum of whose capital is owned by such citizens, nor shall such
franchise, certificate or authorization be exclusive in character or for a longer period than fifty years.

PD 198, Sec. 47.

Exclusive Franchise. No franchise shall be granted to any other person or agency for domestic, industrial
or commercial water service within the district or any portion thereof unless and except to the extent
that the board of directors of said district consents thereto by resolution duly adopted, such resolution,
however, shall be subject to review by the Administration.
 RESIDENT MARINE MAMMALS vs. SECRETARY REYES, ET AL
G.R. No. 180771
April 21, 2015

FACTS:

The Government, acting through the DOE, entered into a Geophysical Survey and Exploration Contract-I
02 (GSEC-102) with JAPEX. This contract involved geological and geophysical studies of the Tañon Strait.
The studies included surface geology, sample analysis, and reprocessing of seismic and magnetic data.
JAPEX, assisted by DOE, also conducted geophysical and satellite surveys, as well as oil and gas sampling
in Tañon Strait.

"Resident Marine Mammals" in the petition, are the toothed whales, dolphins, porpoises, and other
cetacean species, which inhabit the waters in and around the Tañon Strait. They are joined by Gloria
Estenzo Ramos (Ramos) and Rose-Liza Eisma-Osorio (Eisma-Osorio) as their legal guardians and as
friends (to be collectively known as "the Stewards") who allegedly empathize with, and seek the
protection of, the aforementioned marine species in connection with the Geophysical Survey and
Exploration Contract entered into by the government with JAPEX.

ISSUES:

WON Service Contract No. 46 is unlawful and unconstitutional.

HELD:

No. Paragraph 4, Section 2, Article XII, they were actually referring to service contracts as understood in
the 1973 Constitution, albeit with safety measures to eliminate or minimize the abuses prevalent during
the martial law regime.