ALFREDO M. DE LEON, et al. v. HON. BENJAMIN B. ESGUERRA, et al.

G.R. No. 78059, August 31, 1987, EN BANC, (Melencio-Herrera,J)

Security of tenure of barangay officials. A policy of the State to guarantee and promote the
autonomy of the barangays to ensure their fullest development as self-reliant communities

Term of office of local elective officials. Sec. 8 Art. X of 1987 Constitution provides that the
term of office of elective local officials, except barangay officials which shall be determined by
law, shall be three years. – Until the term of office of barangay of officials has been determined
by law, therefore, the term of office of six (6) years provided for in the Barangay Election Act of
2982 should still govern

Contrary to the stand of respondents, we find nothing inconsistent between the term of six (6)
years for elective Barangay officials and the 1987 Constitution, and the same should, therefore,
be considered as still operative, pursuant to Section 3, Article XVIII of the 1987 Constitution

FACTS

In the Barangay election held on May 17, 1982, petitioner Alfredo De Leon, et al. were elected
as barangay officials of Barangay Dolores, Taytay. Rizal under the Barangay Election Act of
1982. On February 8, 1987, respondent Benjamin Esguerra issued Memoranda ordering the
replacement of all the barangay officials of all the barangay(s) in the Municipality of Taytay,
Rizal.

De Leon, et al. filed a Writ of Prohibition seeking to enjoin Governor Esguerra, et al., from
replacing them from their respective positions, and prayed for the aforementioned memoranda be
declared null and void. The former maintained that pursuant to Section 3 of
the Barangay Election Act of 1982, the terms of their office shall be six (6) years starting June 7,
1982, and posited that with the ratification of the 1987 Constitution, the latter no longer has the
authority to replace them and to designate their successors. On the other hand, Governor
Esguerra, contented that the provision in the Barangay Election Act for the term of office must
be deemed to have been repealed for being inconsistent with Section 2, Article III of the
Provisional Constitution.

ISSUES

Whether or not the designation of Governor Esguerra to replace petitioners was validly made

during the one-year period which ended on February 25, 1987

RULING

Petition GRANTED. The Memoranda issued has no legal force and effect. The Supreme Court
held that The 1987 Constitution was ratified in a plebiscite on February 2, 1987.  By that date,
therefore, the Provisional Constitution must be deemed to have been superseded.  Having
become inoperative, respondent OIC Governor could no longer rely on Section 2, Article III,
thereof to designate respondents to the elective positions occupied by petitioners.
De Leon, et al. must now be held to have acquired security of tenure especially 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.