Alfredo M. de Leon vs
Benjamin Esguera
GR. No. 78059, August
31 1987
Facts:
In the barangay elections held in May 17, 1982 petitioner Alfredo M. de Leon was
elected Barangay Captain and other petitioners Angel S. Salamat, Mario C. Sta Ana, Jose C. Tolentino,
Rogelito J. de la Rosa, and Jose Ressurreccion, as a Barangay Councilmen of
Barangay Dolores, Tagaytay Rizal under Batas Pambasa Blg, 22, otherknown as the
Baramgay Election Act of 1982. On
February 9, 1987, petitioner Alfredo M. de Leaon received a memorandum
antedated Decemeber 1, 1986 but signed by respondent OIC Governor Benjamin
Esquerra on February 8 1987 designating respondent Florentino G. Magno as Brgy.
Captain of the said place. It was contended that the designation made was “by
authority of the Minister of Local Government”. Also in the memorandum the OIC
Governor designated Remigio M. Tigas, Ricardo Z. Lacanieta, Teodoro V. Medina,
Roberto S. Paz,a nd Teresita Tolentino as Memebers of Barangay Council.
The petitioners pray
that the subject Memoranda of February 8, 1987 be declared null and void and
that to prohibit the respondents from taking over the positions. Petitioners
maintain that pursuant to the Sec.3 of the BP Blg. 222, their term of office
shall be 6 years which shall commence on June 7 1982 and shall continue until
their successors shall have elected and shall have qualified, “or upto June 7
1988. It is also in their position that with the ratification of the 1987
Constitution, the OIC Governor nolonger has the authority to replace them and
to designate their successors. On the otherhand the respondents rely on
Section2, Article III of the Provisional Constitution promulgated on March 25
1986, which provided [All elective and appointed officials under 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 a year from
February 25 1986.
Issue
1. Whether or
not the designation of respondents to replace petitioners was validly made
during the one year period which ended on Feb. 25 1987.
2. Whether
the 1987 Constitution took effect on Feb. 2 1987 the date of plebecite for its
for its ratification was held or whether it took effect on Feb. 11, 1987, the
date its ratification was proclaimed.
Ruling:
The 1987 Constitution was
ratified in a plebesite February 2, 1987. By that date, therefore, the
provisional Constitution must be deemed superseded. Having become inoperative,
respondent OIC Governor could no longer rely on Sec. 2, Art 111, therefore to
designate respondents to the elective position occupied by petitioners. Until
Office of the barangay officials has been determined by law, therefore the term
of office of six years provided in the Barangay Election Act of 1982 should
still govern.
The Supreme Court also
find nothing inconsistent between the term of six years for elective Barangay
Officials and the 1987 Constitution.
The memoranda issued
by the OIC Governor, therefore be declared null and void and the Writ of
Prohibition is granted which bar the respondents from taking over petitioners
position in Barangay Council.