GR NO.

78059 August 31, 1987

DE LEON, petitioners
vs
HON. ESGUERRA, respondents

TOPIC
The 1987 Constitution
Effectivity of the 1987 Constitution

Facts:
Petitioner was elected as Barangay Captain and the other petitioners as Brgy.
Councilmen of Barangay Dolores, Municipality of taytay, Province of Rizal. Elections
was held on May 17, 1982, under Batas Pambansa BLG. 222, known as the Barangay
Election Act of 1982.

Petitioner de leon (Won)

On Feb. 9, 1987 Petitioner de leon received a Memorandum from OIC Governor
Benjamin Esguerra, which designated Respondents Florentino Magno as Barangay
Captain of the same Barangay as the petitioners and the other petitioners be replaced
by the respondents as Councilmen.
Petitioners prayed that the that the subject memoranda be null and void and the
respondents be prohibited from taking over their positions In conformity with

Section 3 of the Barangay Election Act of 1982 . Term of

office. The term of office of the barangay officials elected
under this Act shall be six years, which shall commence on
June 7, 1982 and shall continue until their successors shall
have been elected and shall have qualified
Respondent Esguerra (Lost)
Responds relied on Section 2, Article of the Provisional Constitution
SECTION 2. 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.

Respondents contend that the terms of office of elective and appointive officials were
abolished and that petitioners continued in office by virtue of the aforequoted provision
and not because their term of six years had not yet expired; and that the provision in the
Barangay Election Act fixing the term of office of Barangay officials to six (6) years must
be deemed to have been repealed for being inconsistent with the aforequoted provision
of the Provisional Constitution.
ISSUE: Whether or not replacing the petitioners with the respondents was valid

Findings of the court:

Appointing the respondents Barangay Captain and other respondents as councilmen
has no legal force and effect

Rule:
Petitioners must now be held to have acquired security of tenure specially considering
that the Barangay Election Act of 1982 declares it "a policy of the State to guarantee
and promote the autonomy of the barangays to ensure their fullest development as self-
reliant communities. Similarly, the 1987 Constitution ensures the autonomy of local
governments and of political subdivisions of which the barangays form a part, and limits
the President's power to "general supervision" over local governments. Relevantly,
Section 8, Article X of the same 1987 Constitution further provides in part:

Application:
Barangay Election Act of 1982 promotes the autonomy of barangays, to develop it’s self
reliance thus the intervention from the respondents

Conclusion
Memorandum Issued by OIC Governor appointing respondents as Barangay Captain
and Counclimen bares no legal force and effect