Reyes v. Ferrer
REITERATIONFacts
The Antecedents: Petitioner Rafael A. Reyes, Jr. was appointed member of the Sangguniang Panlungsod of Davao City on November 25, 1985, representing the Kabataang Barangay (KB) Federation, for a three-year term. On February 23, 1987, respondent Jaime N. Ferrer, Secretary of Local Government, designated Nemesio L. Rasgo, Jr. to replace Reyes. Procedural History: Reyes filed a petition for declaratory relief, prohibition, quo warranto, and injunction with the Regional Trial Court (RTC) of Davao City, asserting his right to hold office until 1988. The RTC denied his prayer for preliminary injunction, effectively disposing of the quo warranto petition, on the ground that Reyes had no cause of action. The Petition: Reyes filed a special civil action for certiorari with injunction and/or temporary restraining order before the Supreme Court, challenging the RTC's denial of his injunction and its ruling on his cause of action.
Issue(s)
Whether the designation of respondent Nemesio L. Rasgo, Jr. to replace petitioner Rafael A. Reyes, Jr. as member of the Sangguniang Panlungsod of Davao City was valid. Whether petitioner Rafael A. Reyes, Jr. was entitled to hold office until 1988.
Ruling
The petition is GRANTED. The order of the respondent Judge denying the prayer for a writ of preliminary injunction is SET ASIDE. Respondent Nemesio L. Rasgo, Jr. is ENJOINED from continuing to perform the functions of the office of the member of the Sangguniang Panlungsod representing the youth of Davao City. Petitioner Rafael L. Reyes, Jr. is ordered immediately REINSTATED to such office.
Ratio Decidendi
On the validity of the designation of respondent Nemesio L. Rasgo, Jr.: The Supreme Court ruled that the designation was invalid. While the designation on February 23, 1987, was within the one-year limitation period set by the Provisional Constitution (Proclamation No. 3), the 1987 Constitution had already taken effect upon its ratification on February 2, 1987. Section 27, Article XVIII of the 1987 Constitution explicitly states that it supersedes all previous constitutions. Therefore, public respondent could no longer rely on the Provisional Constitution to make the designation. Furthermore, even assuming the designation could have been made, the appointing power was bound by Batas Pambansa Blg. 337 (The Local Government Code) to observe the qualifications for the position. Section 173(1) of the Local Government Code mandates that the KB city federation president is an ex officio member of the Sangguniang Panlungsod representing the youth sector. Private respondent Rasgo was not the president of the KB city federation, thus lacking the required qualification. Consequently, Rasgo's appointment was not valid, and Reyes' tenure could not be terminated on this basis. The Court also found no merit in the Solicitor General's claim that the KB organization had become extinct, citing a Memorandum Circular from the Ministry of Local Government in April 1987 that suspended appointments pending a decision on the KB's status, indicating its continued existence. On petitioner's entitlement to hold office until 1988: The Court found that petitioner Reyes' tenure was not validly terminated. His original term was for three years from November 25, 1985, which would extend to 1988. Since the designation of his replacement was invalid due to the supersession of the Provisional Constitution by the 1987 Constitution and the failure of the appointee to meet the statutory qualifications, Reyes remained entitled to hold his office. The Court applied by analogy the ruling in Alfredo de Leon, et al. v. Hon. Benjamin Esguerra, et al., G.R. No. 78059, August 31, 1987, which held that once the 1987 Constitution was ratified, public officials could no longer rely on provisions of the Provisional Constitution that were superseded. The 1987 Constitution ensures local government autonomy and security of tenure, limiting the President's power to general supervision.
Main Doctrine
The ratification of the 1987 Constitution on February 2, 1987, superseded the Provisional Constitution, rendering any subsequent appointments or designations made under the latter invalid if they are inconsistent with the new Constitution. Furthermore, an appointee to the Sangguniang Panlungsod representing the youth sector must possess the specific qualification of being the president of the Kabataang Barangay city federation as mandated by law.