De Leon v. Esguerra Case Digest
De Leon v. Esguerra, 153 SCRA 602, August, 31, 1987 (En Banc), J.
Melencio-Herrera
Facts: On May 17, 1982, petitioner Alfredo M. De Leon was elected
Barangay Captain together with the other petitioners as Barangay Councilmen of
Barangay Dolores, Muncipality of Taytay, Province of Rizal in a Barangay
election held under Batas Pambansa Blg. 222, otherwise known as Barangay
Election Act of 1982.
On February 9, 1987, petitioner De Leon received a Memorandum antedated
December 1, 1986 but signed by respondent OIC Governor Benjamin Esguerra on
February 8, 1987 designating respondent Florentino G. Magno as Barangay Captain
of Barangay Dolores and the other respondents as members of Barangay Council of
the same Barangay and Municipality.
Petitoners prayed to the Supreme Court that the subject Memoranda of
February 8, 1987 be declared null and void and that respondents be prohibited
by taking over their positions of Barangay Captain and Barangay Councilmen.
Petitioners maintain that pursuant to Section 3 of the Barangay
Election Act of 1982 (BP Blg. 222), their terms of office shall be six years which
shall commence on June 7, 1988 and shall continue until their successors shall
have elected and shall have qualified. It was also their position that with the
ratification of the 1987 Philippine Constitution, respondent OIC Governor no
longer has the authority to replace them and to designate their successors.
On the other hand, 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 fixing the term of office of Barangay officials to
six years must be deemed to have been repealed for being inconsistent with Sec.
2, Art. 3 of the Provisional Constitution.
Issue: Whether or not the
designation of respondents to replace petitioners was validly made during the
one-year period which ended on Feb 25, 1987.
Ruling: Supreme Court declared that the Memoranda issued by respondent
OIC Gov 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therefore, the Provisional Constitution must be deemed to have superseded.
Having become inoperative, respondent OIC Gov could no longer rely on Sec 2,
Art 3, thereof to designate respondents to the elective positions occupied by
petitioners. Relevantly, Sec 8, Art 1 of the 1987 Constitution further provides
in part:
"Sec. 8. The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall be three years x x
x."
Until the term of office of barangay officials has been determined by
aw, therefore, the term of office of 6 years provided for in the Barangay
Election Act of 1982 should still govern.