De Leon vs.

Esguerra
152 SCRA 602

Facts: In 1982, Alfredo M. De Leon was elected Barangay Captain along with the other
petitioners as Barangay Councilmen of Barangay Dolores, Taytay, Rizal. On February
9, 1987, he received a Memorandum antedated December 1, 1986, signed on February
8, 1987 by OIC Gov. Benhamin Esguerra designating Florentino Magno as new
Barangay Captain. A separate Memorandum with the same dates was also issued by
Hon. Esguerra replacing the Barangay Councilmen. De Leon along with the other
petitioners filed a petition to declare the subject Memorandum null and void and prevent
the respondents from taking over their positions in the Barangay. The petitioners
maintained that Hon. Esguerra no longer have the authority to replace them under the
1987 Constitution and that they shall serve a term of 6 years in pursuant to Section 3 of
the Barangay Election Act of 1982.

Issue: Was the designation of the new Barangay Officials valid?

Ruling: No, the Memorandum has no effect. The effectivity of the Memorandum should
be based on the date when it was signed; meaning on February 8, 1987 and not
December 1, 1986. The former date is within the prescribed period. But the provisional
Constitution was no longer in effect because the 1987 Constitution has been ratified and
it’s Transitory Provision, Article XVIII, Sec. 27 states that all previous Constitutions were
suspended. The 1987 Constitution took effect on February 2, 1987, the day of the
ratification, that is, the day on which the votes of the people were cast to signify their
acceptance of the draft. Petitioners now acquired security of tenure until fixed term of
office for Barangay officials has been fixed.