Alfredo M.

de Leon vs Benjamin Esguera

GR. No. 78059, August 31 1987

Facts:

In the barangay elections held in May 17, 1982 petitioner Alfredo M. de Leon was elected Barangay
Captain and other petitioners Angel S. Salamat, Mario C. Sta Ana, Jose C. Tolentino, Rogelito J. de
la Rosa, and Jose Ressurreccion, as a Barangay Councilmen of Barangay Dolores, Tagaytay Rizal
under Batas Pambasa Blg, 22, otherknown as the Baramgay Election Act of 1982. On February 9,
1987, petitioner Alfredo M. de Leaon received a memorandum antedated Decemeber 1, 1986 but
signed by respondent OIC Governor Benjamin Esquerra on February 8 1987 designating respondent
Florentino G. Magno as Brgy. Captain of the said place. It was contended that the designation made
was “by authority of the Minister of Local Government”. Also in the memorandum the OIC Governor
designated Remigio M. Tigas, Ricardo Z. Lacanieta, Teodoro V. Medina, Roberto S. Paz,a nd
Teresita Tolentino as Memebers of Barangay Council.

The petitioners pray that the subject Memoranda of February 8, 1987 be declared null and void and
that to prohibit the respondents from taking over the positions. Petitioners maintain that pursuant to
the Sec.3 of the BP Blg. 222, their term of office shall be 6 years which shall commence on June 7
1982 and shall continue until their successors shall have elected and shall have qualified, “or upto
June 7 1988. It is also in their position that with the ratification of the 1987 Constitution, the OIC
Governor nolonger has the authority to replace them and to designate their successors. On the
otherhand the respondents rely on Section2, Article III of the Provisional Constitution promulgated
on March 25 1986, which provided [All elective and appointed officials 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 successors, if such appointment is made within
a period of a year from February 25 1986.

Issue
1. Whether or not the designation of respondents to replace petitioners was validly made during the
one year period which ended on Feb. 25 1987.
2. Whether the 1987 Constitution took effect on Feb. 2 1987 the date of plebecite for its for its
ratification was held or whether it took effect on Feb. 11, 1987, the date its ratification was
proclaimed.

Ruling:
The 1987 Constitution was ratified in a plebesite February 2, 1987. By that date, therefore,
the provisional Constitution must be deemed superseded. Having become inoperative, respondent
OIC Governor could no longer rely on Sec. 2, Art 111, therefore to designate respondents to the
elective position occupied by petitioners. Until Office of the barangay officials has been determined
by law, therefore the term of office of six years provided in the Barangay Election Act of 1982 should
still govern.
The Supreme Court also find nothing inconsistent between the term of six years for elective
Barangay Officials and the 1987 Constitution.
 The memoranda issued by the OIC Governor, therefore be declared null and void and the
Writ of Prohibition is granted which bar the respondents from taking over petitioners position in
Barangay Council.