De Leon vs. Esguerra

The 1987 Constitution took effect immediately upon its ratification by a majority of votes cast in the February 2, 1987 plebiscite, not on the date of presidential proclamation (February 11, 1987). Consequently, the Provisional Constitution was superseded on February 2, 1987, and the OIC Governor's power to replace barangay officials under Section 2, Article III thereof ceased to exist after that date.

Following the 1986 EDSA Revolution, President Aquino promulgated the Provisional Constitution on March 25, 1986, which authorized the replacement of incumbent officials within one year from February 25, 1986. Meanwhile, barangay officials elected in 1982 under Batas Pambansa Blg. 222 enjoyed 6-year terms until June 7, 1988. The 1987 Constitution was ratified in a plebiscite on February 2, 1987, and proclaimed by the President on February 11, 1987.

N/A (Original action for Prohibition filed directly with the SC).

• Petitioners were elected Barangay Captain (Alfredo M. De Leon) and Barangay Councilmen (Angel S. Salamat, Mario C. Sta. Ana, Jose C. Tolentino, Rogelio J. de la Rosa, and Jose M. Resurreccion) of Barangay Dolores, Taytay, Rizal on May 17, 1982 under Batas Pambansa Blg. 222 (Barangay Election Act of 1982).
• Section 3 of BP Blg. 222 fixed their term at six (6) years, commencing June 7, 1982 and expiring on June 7, 1988.
• On February 8, 1987, respondent OIC Governor Benjamin Esguerra signed unnumbered memoranda (antedated December 1, 1986) designating respondents Florentino G. Magno (as Barangay Captain) and Remigio M. Tigas, et al. (as Councilmen) to replace petitioners, purportedly by authority of the Minister of Local Government under the Provisional Constitution.
• Respondent OIC Governor admitted in his March 23, 1987 affidavit that he signed the memoranda on February 8, 1987, not December 1, 1986, and disseminated them on February 9, 1987.
• The 1987 Constitution was ratified in a plebiscite held on February 2, 1987, and proclaimed by the President as ratified on February 11, 1987.

• Their term of office under BP Blg. 222 was fixed at six years, expiring on June 7, 1988.
• With the ratification of the 1987 Constitution, the OIC Governor no longer possessed authority to replace them or designate successors.
• The 1987 Constitution guarantees local autonomy and security of tenure for elective officials, limiting presidential power to general supervision.

• Section 2, Article III of the Provisional Constitution permitted replacement of officials within one year from February 25, 1986 (i.e., until February 25, 1987).
• The fixed term under BP Blg. 222 was deemed repealed for inconsistency with the Provisional Constitution.
• The designation on February 8, 1987 fell within the one-year period, rendering it valid.

• Procedural Issues: N/A
• Substantive Issues:
  • Whether the 1987 Constitution took effect on February 2, 1987 (plebiscite date) or February 11, 1987 (proclamation date).
  • Whether the OIC Governor's designation of replacement barangay officials on February 8, 1987 was valid.

• Procedural: N/A
• Substantive:
  • Effectivity Date: The 1987 Constitution took effect on February 2, 1987, the date of its ratification in the plebiscite, pursuant to Section 27, Article XVIII. The Provisional Constitution was superseded on this date.
  • Validity of Replacement: The OIC Governor's designation of respondents on February 8, 1987 was void. The authority to replace officials under the Provisional Constitution expired when the 1987 Constitution took effect on February 2, 1987. The antedating to December 1, 1986 was ineffective; the true date of February 8, 1987 was already after the Constitution's effectivity.
  • Security of Tenure: Petitioners acquired security of tenure under the 1987 Constitution, which guarantees local autonomy (Article II, Section 25; Article X) and limits presidential power to general supervision over local governments (Article X, Section 4).
  • Continued Operation of BP Blg. 222: The 6-year term under BP Blg. 222 remains operative until amended by law, as it is not inconsistent with the 1987 Constitution (Section 3, Article XVIII).

• Effectivity of Constitution upon Ratification — A constitution takes effect immediately upon ratification by majority vote in a plebiscite, not upon proclamation of results. Ratification is the act of the people casting their votes; canvassing and proclamation are merely mathematical and official confirmations of that act.
• Supersession of Prior Constitutions — The 1987 Constitution expressly superseded all previous constitutions upon its ratification (Section 27, Article XVIII).
• Security of Tenure for Local Officials — Elective local officials, including barangay officials, enjoy security of tenure under the 1987 Constitution's guarantee of local autonomy.
• Savings Clause — Existing laws not inconsistent with the new Constitution remain operative until amended or repealed (Section 3, Article XVIII).

• "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."
• "Ratification is the act of saying 'yes' and the act of saying 'yes' is done when one casts his ballot." (From Constitutional Commission deliberations cited in Teehankee's concurrence)
• "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."

• Topacio, Jr. vs. Pimentel — Cited for the rule that elective officials under the 1973 Constitution may continue in office but must vacate upon designation of successors within the one-year period under the Provisional Constitution.

• Section 27, Article XVIII of the 1987 Constitution — Provides that the Constitution takes effect immediately upon ratification by majority votes cast in a plebiscite.
• Section 3, Article XVIII of the 1987 Constitution — Savings clause preserving existing laws not inconsistent with the Constitution.
• Section 2, Article III of the Provisional Constitution — Allowed continuation of officials until replaced within one year from February 25, 1986.
• Section 3 of Batas Pambansa Blg. 222 — Fixed the 6-year term of barangay officials.
• Article II, Section 25 and Article X of the 1987 Constitution — Guarantee local autonomy and limit presidential supervision over local governments.

• Cruz, J. — Concurred but noted his previous dissents in De la Serna, Zamora, Duquing, and Bayas where he argued that local OICs acquired security of tenure on February 25, 1987 (end of one-year period). He yielded to the majority's "better view" that effectivity commenced on February 2, 1987.
• Teehankee, C.J. — Detailed the Constitutional Commission deliberations showing the "clear, unequivocal and express intent" that ratification occurs on the date of the plebiscite (February 2, 1987), not the proclamation date. Clarified that appointments to the judiciary reported as made on February 2, 1987 were actually transmitted on February 1 and signed on or before January 31, 1987, thus avoiding constitutional infirmity.

• Sarmiento, J. — Argued that the Constitution took effect on February 11, 1987, the date of proclamation under Proclamation No. 58, not February 2, 1987. Relied on historical precedent from the 1973 Constitution and Marcos-era amendments where effectivity was consistently tied to proclamation dates, not plebiscite dates. Contended that ratification requires ascertainment of results, not merely casting of votes, and that the one-year period under the Provisional Constitution remained valid until February 25, 1987.