rely on Sec. 2, Art.

3 of the Provisional Constitution to designate respondents to

CONSTITUTION
the elective positions occupied by petitioners.
I. The Constitution of the Philippines
Petition is GRANTED.
 DE LEON VS ESGUERRA GR No. 78059, Aug. 31, 1987

DOCTRINE: The 1987 Constitution was ratified in a plebiscite on February 2,  MANILA PRINCE HOTEL vs GSIS GR 122156, Feb 1, 1997

1987. By that date, the Provisional Constitution must be deemed to have been DOCTRINE:
superseded.
BRIEF FACTS: The petitioners, De Leon et al, who were the elected as
Barangay Officials of Brgy. Dolores in Taytay, Rizal on May 17, 1982, received
a Memorandum from OIC Gov. Esguerra signed on Feb. 8, 1987 which
designates the respondents, Magno et al, as the new Barangay Officials of such
barangay.
Petitioners pray that the memoranda be declared null and void and the
respondents be prohibited from taking over their positions. Petitioners maintain
that with the ratification of the 1987 Constitution, respondent OIC Governor no
longer has the authority to replace them and to designate their successors.
Respondents rely on Sec. 2, Art. 3 of the Provisional Constitution,
promulgated on March 25, 1986, which provided:
Sec. 2 All elective and appointive officials and employees under 1973 Constitution shall
continue in office until otherwise provided by proclamation or executive order or upon the
designation or appointment and qualification of their succesors, if such appointment is made within
a period of one year from February 25, 1986.
ISSUE: WON the designation of respondents to replace the petitioners was
validly made during the one-year period which ended on February 25, 1987.
HELD: NO.
While February 2, 1987 is ostensibly still within the one-year deadline, the
provision in the Provisional Constitution must be deemed to have been
overtaken by Sec. 27, Art. 18 of the 1987 Constitution:
Sec. 27. This Constitution shall take effect immediately upon its ratification by a majority of the
votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions.

The 1987 Constitution was ratified in a plebiscite on February 2, 1987. By

that date, the Provisional Constitution must be deemed to have been
superseded. Having become inoperative, respondent OIC Gov could no longer