De Leon vs Esguerra

Facts:
In the Barangay elections held on May 17, 1982, petitioner Alfredo M. De Leon was elected
Barangay Captain and the other petitioners Angel S. Salamat, Mario C. Sta. Ana, Jose C.
Tolentino, Rogelio J. de la Rosa and Jose M. Resurreccion, as Barangay Councilmen of
Barangay Dolores, Taytay, Rizal under Batas Pambansa Blg. 222, otherwise known as the
Barangay Election Act of 1982.
On February 9, 1987, petitioner Alfredo M, de Leon received a Memorandum antedated
December 1, 1986 but signed by respondent OIC Governor Benjamin Esguerra on February
8, 1987 designating respondent Florentino G. Magno as Barangay Captain of Barangay
Dolores, Taytay, Rizal. The designation made by the OIC Governor was "by authority of the
Minister of Local Government.
Also on February 8, 1987, respondent OIC Governor signed a Memorandum, antedated
December 1, 1986 designating respondents Remigio M. Tigas, Ricardo Z. Lacanienta
Teodoro V. Medina, Roberto S. Paz and Teresita L. Tolentino as members of the Barangay
Council of the same Barangay and Municipality.ch
Issue:
Whether the memoranda of Feb 8, 1987 is null and void, thus prohibiting respondents from
taking over the appointed positions?
Ruling:
Considering Section 2, Article III of the Provisional Constitution which states that All
elective and appointive officials and employees under the 1973 Constitution shall continue in
office until otherwise provided by proclamation or executive order or upon the designation
or appointment and qualification of their successors, if such appointment is made within a
period of one year from February 25,1986, it would seem that the appointment was valid
on Feb 8, 1987 since the term of the elective officials would end in Feb 25, 1987. However,
since the new constitution was ratified on Feb 2, 1987 and section 27 states that effectivity
is immediate, thereby superseding the Provisional Constitution. Furthermore, the 1987
Constitution under ensures the autonomy of the barangays to ensure their fullest
development and the the Presidents power is for general supervision only which is in line
with the barangay election act of 1982.
Relevantly, on Section 8 states that terms of local officials is 3 years, except of barangay
officials, which means that the 6-year terms as stated in the Barangay Election Act of 1982
is still in effect unless otherwise stated by law.