De Leon v. EsguerraFacts:On May 17, 1982, Alfredo De Leon was elected Barangay Captain together with theother petitioners who elected as councilmen of Barangay Dolores in the muncipalityof Taytay, Rizal held under Batas Pambansa Blg. 222, or the Barangay Election Act of 1982.On February 9, 1987, De Leon received a Memorandum antedated December 1, 1986but signed by the OIC Governor Benjamin Esguerra on February 8, 1987 designatingFlorentino Magno as Barangay Captain and the other respondents as members of Barangay Council of the same Barangay and Municipality.Petitoners then filed a case, praying that the subject Memoranda be declared null andvoid and that respondents be prohibited by taking over the said positions. Theymaintained that pursuant to Section 3 of BP Blg. 222, their terms of office shall be sixyears which shall commence on June 7, 1982 and shall continue until their successorsshall have elected and shall have qualified. They also asserted that with theratification of the 1987 Philippine Constitution, OIC Governor no longer has theauthority to replace them and to designate their successors.Respondents contended that the terms of office of elective officials were abolishedand that petitioners continued in office by virtue of Sec. 2, Art. 3 of the ProvisionalConstitution and not because their term of six years had not yet expired. They saidthat the provision in the Barangay Election Act fixing the term of office of Barangayofficials to six years must be deemed to have been repealed for being inconsistentwith Sec. 2, Art. 3 of the Provisional Constitution.Issue:Whether or not the designation of respondents to replace petitioners was validlymade during the one-year period which ended on Feb 25, 1987.Ruling:No. It was held that the memoranda had no legal force and effect. The 1987Constitution was ratified in a plebiscite on Feb 2, 1987, therefore, the ProvisionalConstitution must be deemed to have superseded. Having become inoperative,respondent OIC Gov could no longer rely on Sec 2, Art 3, thereof to designaterespondents to the elective positions occupied by petitioners. Relevantly, Sec 8, Art 1of the 1987 Constitution further provides in part:"Sec. 8. The term of office of elective local officials, except barangay officials, whichshall be determined by law, shall be three years x x x."Until the term of office of barangay officials has been determined by aw, therefore,the term of office of 6 years provided for in the Barangay Election Act of 1982 shouldstill govern.