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Updated 22nd March 2025
De Leon vs. Esguerra
Barangay officials challenged their replacement by designees of a provincial OIC Governor after the 1987 Constitution’s ratification. The Supreme Court ruled that the 1987 Constitution invalidated the replacements, as the officials’ six-year terms under Batas Pambansa Blg. 222 remained valid.

Primary Holding

The Supreme Court declared the replacements void, holding that the 1987 Constitution superseded the Provisional Constitution on February 2, 1987, and barred the OIC Governor’s post-ratification designations.

Background

Petitioners, elected barangay officials in 1982, faced replacement through memoranda issued by the OIC Governor in February 1987. The Court determined the memoranda were antedated and issued after the 1987 Constitution’s ratification.

History

  • May 17, 1982: Petitioners elected under BP Blg. 222.

  • February 8–9, 1987: OIC Governor issued antedated memoranda replacing petitioners.

  • August 31, 1987: Supreme Court granted prohibition, nullifying the replacements.

Facts

  • 1. Petitioners were elected in 1982 to six-year terms. In February 1987, the OIC Governor designated successors via memoranda backdated to December 1, 1986. The Court found the effective date was February 8, 1987.

Arguments of the Petitioners

  • 1. Their terms under BP Blg. 222 lasted until June 7, 1988. The 1987 Constitution invalidated the OIC Governor’s authority to replace them.

Arguments of the Respondents

  • 1. The Provisional Constitution allowed replacements within one year (until February 25, 1987), and BP Blg. 222’s six-year term was repealed.

Issues

  • 1. Whether the February 8, 1987 replacements complied with the Provisional Constitution.
  • 2. Whether BP Blg. 222’s six-year term remained valid under the 1987 Constitution.

Ruling

  • 1. The 1987 Constitution took effect on February 2, 1987, superseding the Provisional Constitution.
  • 2. Replacements on February 8, 1987, were invalid as the OIC Governor’s authority expired post-ratification.
  • 3. BP Blg. 222’s six-year term remained operative under the 1987 Constitution’s transitory provisions.

Doctrines

  • 1. Security of tenure for barangay officials: Elected local officials retain terms unless altered by law.
  • 2. Immediate effect of constitutional ratification: A constitution takes effect upon plebiscite ratification, not proclamation.

Precedents Cited

  • 1. Topacio, Jr. v. Pimentel (G.R. No. 73770, April 10, 1986): Cited on transitional governance but limited discussion in provided text.

Statutory and Constitutional Provisions

  • 1. 1987 Constitution: Art. XVIII, Sec. 27 (effectivity); Art. X, Sec. 8 (local official terms).
  • 2. BP Blg. 222: Sec. 3 (six-year barangay terms).
  • 3. Provisional Constitution (1986): Sec. 2 (one-year replacement window).