De Leon v.
Esguerra
[TOPIC FROM OUTLINE]
1987 Constitution
August 31, 1987 G.R. No. 78059 Justice Melencio-Herrera
Recit Ready Synopsis
De Leon was elected on 1982 as Barangay Captain of Barangay Dolores, Taytay, Rizal whose term will
end in 1988. However, in 1987, De Leon received a memorandum signed by the OIC Governor Esguerra
designating respondents as Barangay Captain and members of the Barangay Council replacing De Leon
et al. Esguerra relied on Section 2, Article III of the Provisional Constitution which provided that “all
elective officials xxx under the 1973 Constitution shall continue in office until designation xxx of their
successors if such appointment is made within one year from February 25, 1986.”
Relevant Provisions/Concepts/Doctrines
1987 CONSTITUTION
ARTICLE XVIII, SECTION 27. This Constitution shall take effect immediately upon its ratification by a
majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous
Constitutions.
ARTICLE X, SECTION 8. The term of office of elective local officials, except barangay officials, which
shall be determined by law, shall be three years…
ARTICLE XVIII, SECTION 3. All existing laws, decrees, executive orders, proclamations letters of
instructions, and other executive issuances not inconsistent, with this Constitution shall remain operative
until amended, repealed or revoked.
FACTS
De Leon was elected as Barangay Captain and other petitioners Salamat, Sta. Ana, Tolentino, de la
Rosa, and Resurrecion as Barangay Councilmen on 1982 in Barangay Dolores, Taytay, Rizal Pursuant
to Section 3 of the Barangay Election Act of 1982, their term was supposed to last for six(6) years.
However, in 1987, OIC Governor Esguerra “by authority of the Minister of Local Government” signed a
Memorandum designating respondents as Barangay Captain and Baragangay Council of the same
Barangay and Municipality. Esguerra relied on Section 2, Article III of the Provisional Constitution which
provided that
SECTION 2. 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 a period of one
year from February 25, 1986.
De Leon et al prayed for the said Memoranda be declared null and void and that respondents be
prohibited from taking over their positions. It is also their position that with the ratification of the 1987
Constitution, OIC Governor no longer has the authority to replace them and to designate their
successors.
ISSUE
Whether or not the designation was validly made during the one-year period contemplated in the
Provisional Constitution
RULING
No. Article III Sec 2 of the Provisional Constitution must be deemed to have been overtaken by Article
XVIII Section 27 of the 1987 Constitution. The 1987 Constitution was ratified in a plebiscite on February
2, 1987. By that date, therefore, the Provisional Constitution must be deemed to have been superseded.
Having become inoperative, respondent OIC Governor could no longer rely on Section 2, Article III,
thereof to designate respondent to the elective positions occupied by petitioners.
Additional Notes
De Leon et al have acquired security of tenure and pursuant to Article X Section 8, until the term of office
of barangay officials has been determined by law, the term of office of six(6) years provided for in the
Barangay Election Act of 1982 should still govern.
Whether the 1987 Constitution took effect on February 2, 1987, the date that the plebiscite for its
ratification was held or whether it took effect on February 11, 1987, the date its ratification was
proclaimed…
Clear, unequivocal and express intent of the Constitutional Commission in unanimously approving the
Section 27 of Transitory Article XVIII of the 1987 Constitution was that “the act of ratification is the act of
voting by the people. So that is the date of the ratification” and that “the canvass thereafter is merely the
mathematical confirmation of what was done during the date of the plebiscite and the proclamation of the
President is merely the official confirmatory declaration of an act which was actually done by the Filipino
people in adopting the Constitution when they cast their votes on the date of the plebiscite.”
