DE LEON VS ESGUERRA G.R. NO.

78059153 SCRA 602AUGUST 31, 1987

Petitioner: Alfredo M. De Leon, et al.Respondents: Hon. Benjamin B. Esguerra in his capacity as
OIC Governor in the province of Rizal, et al.

FACTS: Petitioner was elected as Barangay Captain together with other petitioners asBarangay
Councilmen of Barangay Dolores, Municipality of Taytay, Pronice of Rizal in aBarangay
election held under Barangay Election Act of 1982. Petitioner received a Memorandum from
OIC Governor Benjamin Esguerra which providedthe designation of respondent Florentino
Magno as Barangay Captain of the same barangayand the other respondents as members of the
barangay Council of the same barangay andmunicipality. Petitioners maintain that Sec 3 of the
Barangay Election Act of 1982 providesthat the terms of office shall be six (6) years which shall
continue until their successorsshall have elected and qualified. Also, in accordance with the
recent ratification of the 1987Constitution, it seems that respindent OIC Governor no longer had
the authority to replacethem as well as designate successors. Petitioner prayed that the
Memorandum be declared null and void and that respondents beprohibited from taking over their
positions.

ISSUE: Whether or not designation of respondents to replace petitioners was valid.

RULING: The Court ruled in the negative. SC declared that the Memorandum issued
byrespondent OIC Governor designating respondents as Barangay Captain and Councilmen
ofBarangay Dolores has no legal force and effect. The 1987 Constitution was ratified in a
plebiscite on February 2, 1987. By that datetherefore, the provisional constitution must be
deemed to have been superseded. Effectivityof the Constitution is also immediately upon its
ratification