Marcos v. Manglapus
G.R. No.
88211 October 27, 1989
En Banc
Held:
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. This is
so, notwithstanding the avowed intent of the members of the Constitutional Commission
of 1986 to limit the powers of the President as a reaction to the abuses under the
regime of Mr. Marcos, for the result was a limitation of specific power of the President,
particularly those relating to the commander-in-chief clause, but not a diminution of the general grant of
executive power.
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