ROLEDA, DANIEL

CONSTITUTIONAL LAW 1
DE LEON v ESGUERRA

Alfred De Leon PETITIONER

Hon. Benjamin Esguerra (governor) RESPONDENT
En Banc
Action for Prohibition
FACTS:

1) In 1982, Alfredo M. De Leon was elected as Baranggay Captain

along with the other petitioners as Barangay Councilmen of
Baranggay Dolores, Taytay, Rizal.
2) On February 9, 1987, he received a Memorandum antedated

December 1, 1986 and signed on February 8, 1987 by OIC Gov.

Benjamin B. Esguerra designating Florentino Magno as new
Barangay Captain.
*A separate Memorandum with the same dates was also issued by Hon.

Esguerra replacing the Barangay Councilmen.

3) De Leon along with the other petitioners filed a petition to declare

the subject Memorandum null and void and prevent the

respondents from taking over their positions in the Barangay.
4) The petitioners maintained that OIC Gov. Esguerra no longer has

the authority to replace them under the 1987 Constitution

* Respondents contend that the terms of office of elective and appointive officials
were abolished and that petitioners continued in office by virtue of Sec. 2, Art. 3
of the Provisional Constitution and not because their term of six years had not yet
expired;
And that the provision in the Barangay Election Act of 1982 (BP blg 222) fixing
the term of office of Barangay officials to six (6) years must be deemed to have
been repealed for being inconsistent with Sec. 2, Art. 3 of the Provisional
Constitution. (see below**)

ISSUE:
Whether or not designation of respondents to replace petitioners was
valid.
HELD:
Supreme Court declared that the Memoranda issued by respondent
(Office in Charge) Governor on Feb 8, 1987 designating respondents
as Barangay Captain and Barangay Councilmen of Barangay
Dolores, Taytay, Rizal has no legal force and effect.
The 1987 Constitution was ratified in a plebiscite on Feb 2, 1987,
therefore, the Provisional Constitution (1986) must be deemed to
have been superseded. Having become inoperative, respondent OIC
Governor could no longer rely on Sec 2, Art 3, thereof to designate
respondents to the elective positions occupied by petitioners.
Section 8, Article 1 of the 1987 Constitution states that terms of
local officials is 3 years, except of barangay officials.
Which means that the 6-year terms as stated in the Barangay
Election Act of 1982 is still in effect unless otherwise stated by law.
_______________________________________________________
Respondents contend that.
** Section 2, Article III of the 1986 Provisional Constitution,
promulgated on March 25, 1986:
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.