De Leon vs.

Esguerra
153 SCRA 602 No. L-78059, August 31, 1987 FACTS: On May 17, 1982, Alfredo De Leon won as Brgy. Captain and other petitioners won as Councilmen of Brgy. Dolores, Taytay, Rizal. Under the Barangay Election Act of 1982, their terms of office shall be six years, which commenced on June 7, 1982 up to June 7, 1988. On Feb. 8, 1987, while the petitioners still have one year and four months, Gov. Benjamin Esguerra of Rizal Province, issued a memorandum designating Florentino Magno as the new Brgy. Captain and other respondents as the new Councilmen of the said barrangay. The respondents relied on the Provisional Constitution of 1986, which grants the governor to appoint or designate new successors within the one year period which ended on Feb. 25 1987. They also contended that the terms of office of the petitioners were already been abolished and that they continued in office simply because no new successors were appointed yet; and that the provision in the Barangay Election Act fixing the term of office of Barangay officials up to six years must have been deemed repealed for being inconsistent with the Provisional Constitution. Petitioners instituted an original action for prohibition to review the order of the governor. ISSUE: Whether the designation was valid? HELD: The Supreme Court held that the memoranda issued by Gov. Esguerra has no legal effect. Though the designation was within the one year period which ended on Feb. 25, 1987, however, it was cut short when the 1987 Constitution took effect on Feb. 2, 1987. When the 1987 Constitution was in effect, the governor no longer had the authority to designate successors under the Provisional Constitution which was deemed to have been superseded. There has been no proclamation or executive order terminating the term of elective Barangay officials; and the Barangay Election Act is not inconsistent with the Constitution. The writ of prohibition was granted and the petitioners have acquired the security of tenure.
Notes: When did the 1987 Constitution take effect?

- The Supreme Court, with only one dissent, ruled in De leon vs. Esguerra that the 1987 Constitution took effect on February 2, 1987 which is the date of its ratification in the plebiscite, by virtue of its provision under Article XVIII, Section 27 that it shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose. (This provision was unanimously approved by thirty-five votes in favor and none against in the Con Com of 1986) - The effectivity of the Constitution should commence on the date of the ratification that is the date the people have cast their votes in favor of the Constitution. The act of voting by the people is the act of ratification. It should not be on the date of the proclamation of the President since it is the act of the people. In fact, there should be no need to wait for any proclamation on the part of the President, if there is, it is merely the official confirmatory declaration of an act done by the people. The COMELEC, on the other hand, should make the official announcement that the votes show that the Constitution was ratified, but the canvass is merely a mathematical confirmation of what was done during the plebiscite.