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    CASE DIGEST - de Leon Vs Esguerra

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    Ek Payte

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    CASE DIGEST - de Leon Vs Esguerra

    Uploaded by

    Ek Payte
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    CASE-DIGEST_-De-Leon-vs-Esguerra

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    10 views2 pages

    CASE DIGEST - de Leon Vs Esguerra

    Uploaded by

    Ek Payte

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    © All Rights Reserved
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    TITLE OF THE CASE: De Leon vs Esguerra

    CITATION: G.R. No. 78059


    RESPONDENTS: Hon. Benjamin B. Esguerra Et al..
    PETITIONERS: ALFREDO M. DE LEON Et al.
    PONENTE: Justice Ameurfina Melencio-Herrera

    FACTS
    Petitioner Alfredo M. De Leon was elected Barangay Captain, along with other petitioners, in the
    Barangay Elections conducted on May 17, 1982 in Barangay Dolores, Taytay, Rizal. Following
    that, respondent OIC Governor Benjamin Esguerra signed on February 8, 1987 a Memorandum
    preceding December 1, 1986 designating respondent Florentino G. Magno as Barangay Captain
    of Barangay Dolores, and another Memorandum designating respondents Remigio M. Tigas,
    Ricardo Z. Lacanienta, Teodoro V. Medina, Roberto S. Paz, and Teresita L. Tolentino as
    members of the Barangay Council of the same Barangay and Municipality ; As a result, in
    accordance with Section 2, Article III of the Provisional Constitution, 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 one year of February
    25,1986. The 1987 Constitution, on the other hand, was ratified in a plebiscite on February 2,
    1987.

    Consequently, petitioners argued that the Memorandum shall be declared null and void, and be
    prohibited from taking over their positions, in which they contended that with the ratification of
    the 1987 Constitution, respondent OIC Governor no longer has the authority to replace them and
    to designate their successors.

    ISSUE(S)
    Whether or not the designation of respondents to replace petitioners was validly made during the
    one-year period which ended on February 25, 1987

    Whether or not the 1987 Constitution superseded the Provisional Constitution to designate
    respondents to the elective positions occupied by petitioners.

    RULING
    While the effective date of replacement is on February 8, 1977, rather than December 1, 1986,
    since it was antedated, February 8, 1987 remains within the one-year period. However, The
    1987 Constitution has superseded the Provisional Constitution since it was ratified in a plebiscite
    on February 2, 1987. Having become inoperative, respondent OIC Governor could no longer rely
    on Section 2, Article III, to designate respondents to the elective positions occupied by
    petitioners. Moreover, there is nothing inconsistent between the term of six (6) years for elective
    Barangay officials and the 1987 Constitution, thus, the term of office of six (6) years provided
    for in the Barangay Election Act of 1982 should still govern.

    Thus, Memoranda issued by respondent OIC Governor are both declared to be of no legal force
    and effect.

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