8/12/2019 De Leon vs Esguerra GR No 78059 August 31, 1987, 153 SCRA 602 Case Digest

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Case Digest: De Leon vs Esguerra

G.R. No. 78059

153 SCRA 602

August 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 as Barangay

Councilmen of Barangay Dolores, Municipality of Taytay, Pronice of Rizal in a Barangay election held

under Barangay Election Act of 1982.

Petitioner received a Memorandum from OIC Governor Benjamin Esguerra which provided the

designation of respondent Florentino Magno as Barangay Captain of the same barangay and the other

respondents as members of the barangay Council of the same barangay and municipality. Petitioners

maintain that Sec 3 of the Barangay Election Act of 1982 provides that the terms of office shall be six (6)

years which shall continue until their successors shall have elected and qualified. Also, in accordance

with the recent ratification of the 1987 Constitution, it seems that respindent OIC Governor no longer had

the authority to replace them as well as designate successors.

Petitioner prayed that the Memorandum be declared null and void and that respondents be prohibited

from taking over their positions.

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

HELD: The Court ruled in the negative. SC declared that the Memorandum issued by respondent OIC

Governor designating respondents as Barangay Captain and Councilmen of Barangay Dolores has no

legal force and effect.

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provisional constitution must be deemed to have been superseded. Effectivity of the Constitution is also

immediately upon its ratification.