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De Leon Vs.

Esguerra

FACTS:

An action for prohibition was filed by petitioner herein Alfredo M. De Leon, and his co-petitioners to enjoin
the respondents herein from replacing them from being Captain and Councilmen of Barangay Dolores,
municipality of Taytay.

Petitioners were elected as Barangay Officials on 17 May 1982.

On 08 February 1987, the OIC Governor by virtue of his authority issued an ante-dated
memorandum 01 December 1986, designating new members of Barangay council and captain
replacing the petitioners herein.

Petitioner contends that the memorandum shall be null and void considering that under the Barangay
Election of 1982 their term of office shall be six years until their successors are elected. They further
contends that with the ratification of the 1987 Constitution, the OIC Governor no longer has
the authority to designate their successors.

On the other hand respondent contends that they rely on the Section 2 Article III of Provisional
Constitution promulgated on 1986 which provides that elective officials under the 1973 constitution
shall continue to hold office unless otherwise provided that there is a proclamation or executive order or
upon designation or appointment made within a period of one year from 25 February 1986.

ISSUE:

1. Whether or Not the OIC Governor has the power to designate or appoint elective positions occupied
by petitioner.

RULING:

NO. Considering the Candid Affidavit of respondent OIC Governor we hold that February 8,
1987 should be considered as the effective date of replacement and not December 1 1986 to
which it was ante-dated, in keeping with the dictates of justice. But while it is ostensibly still within the one
year deadline under the Provisional Constitution, it must be deemed to have been overtaken by
Section 27, Article XVIII of the 1987 Constitution reading:

“Sec 27. This Constitution shall take effect immediately upon its ratification by majority of the votes of the
plebiscite held for the purpose and shall supersede all previous Constitutions”.

The 1987 Constitution was ratified in plebiscite on February 2 1987. By the date therefore,
the Provisional Constitution must be deemed to have superseded. Having become operative,
respondent OIC Governor could no longer rely on Section 2 Article III thereof, to designate
respondents to the elective positions occupied by petitioners.

Wherefore, the memorandum issued by the respondent OIC Governor on 08 February 1987
designating the respondents are both declared no legal force and effect.

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