DE LEON VS.

ESGUERRA
G.R. NO. 78059 AUGUST 31, 1987
FACTS

• Alfredo M. De Leon (petitioner)

• Petition for Prohibition
• OIC Governor Benjamin Esguerra (respondent)
• Barangay Captain and Barangay Councilmen of Barangay Dolores, Municipality of Taytay, Province
of Rizal.
• May 17, 1982 Barangay Elections.
• February 9, 1987 – Petitioner received a Memorandum antedated December 1, 1986 signed by the
Respondent on February 8, 1987.
• Taking over of the positions of the incumbent Barangay Officials.
FACTS

• Petitioners’ claim:
• Sec. 3 of the Barangay Election Act of 1982 (BP Blg. 222).
• Ratification of 1987 Constitution.

• Respondents’ claim:
• Sec. 2, Article III of the Provisional Constitution, promulgated on March 25, 1986.
ISSUE

• Whether or not the designation of respondents to replace petitioners was

validly made during the one-year period which ended on February 25,
1987.
HELD

• NO. The court held that the Memoranda issued by respondent OIC Governor
on February 8, 1987 designating respondents as the Barangay Captain and
Barangay Councilmen, respectively, of Barangay Dolores, Taytay, Rizal, has
no legal force and effect due to the ratification of the 1987 Constitution,
respondent OIC Governor no longer has the authority to replace the
petitioners and to designate their successors; and the Writ of Prohibition was
granted enjoining respondents perpetually from proceeding with the
ouster/take-over of petitioners' positions subject of this Petition.