ALFREDO M. DE LEON, ANGEL S. SALAMAT, MARIO C. STA. ANA, JOSE C.

TOLENTINO, ROGELIO J. DE LA ROSA and JOSE M. RESURRECCION vs. HON.

BENJAMIN B. ESGUERRA, in his capacity as OIC Governor of the Province of
Rizal, HON. ROMEO C. DE LEON, in his capacity as OIC Mayor of the Municipality
of Taytay, Rizal, FLORENTINO G. MAGNO, REMIGIO M. TIGAS, RICARDO Z.
LACANIENTA, TEODORO V. MEDINA, ROSENDO S. PAZ, and TERESITA L.
TOLENTINO
G.R. No. 78059 August 31, 1987
Ponente: Justice MELENCIO-HERRERA
Facts:
In the Barangay elections held on May 17, 1982, petitioner Alfredo M. De Leon
was elected Barangay Captain and the other petitioners Angel S. Salamat, Mario C. Sta.
Ana, Jose C. Tolentino, Rogelio J. de la Rosa and Jose M. Resurreccion, as Barangay
Councilmen of Barangay Dolores, Taytay, Rizal under Batas Pambansa Blg. 222,
otherwise known as the Barangay Election Act of 1982.
On February 9, 1987, petitioner Alfredo M, 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, Taytay, Rizal. The designation made by the
OIC Governor was "by authority of the Minister of Local Government."
Issue:
Whether or not the subject Memoranda of February 8, 1987 is null and void and
that respondents be prohibited from taking over their positions as Barangay Captain and
Barangay Councilmen, respectively.
Ratio:
Yes, the Memorandum is null and void. 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must be deemed to have been superseded.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
respondents to the elective positions occupied by petitioners.
The Court's decision, holds that by virtue of the provision of Article XVIII, Section
27 of the 1987 Constitution that it "shall take effect immediately upon its ratification by a
majority of the votes cast in a plebiscite held for the purpose," the 1987 Constitution

took effect on February 2, 1987, the date of its ratification in the plebiscite held on that
same date.
Petitioners must now be held to have acquired security of tenure especially
considering that the Barangay Election Act of 1982 declares it "a policy of the State to
guarantee and promote the autonomy of the barangays to ensure their fullest
development as self-reliant communities. Similarly, the 1987 Constitution ensures the
autonomy of local governments and of political subdivisions of which the barangays
form a part, and limits the President's power to "general supervision" over local
governments. Relevantly, Section 8, Article X of the same 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 ...
Until the term of office of barangay officials has been determined by law,
therefore, the term of office of six (6) years provided for in the Barangay Election Act of
1982 5 should still govern.
Contrary to the stand of respondents, we find nothing inconsistent between the
term of six (6) years for elective Barangay officials and the 1987 Constitution, and the
same should, therefore, be considered as still operative, pursuant to Section 3, Article
XVIII of the 1987 Constitution, reading:
Sec. 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.