De Leon v. Esguerra
REITERATIONFacts
1. The Antecedents: Petitioners were elected Barangay Captain and Barangay Councilmen of Barangay Dolores, Taytay, Rizal, in the May 17, 1982 elections under Batas Pambansa Blg. 222, the Barangay Election Act of 1982. This act stipulated a six-year term of office for barangay officials, commencing June 7, 1982, and continuing until their successors were elected and qualified, thus extending their term to June 7, 1988. 2. Procedural History: On February 9, 1987, petitioners received Memoranda, antedated December 1, 1986, but signed by the OIC Governor of Rizal on February 8, 1987. These Memoranda designated respondent Florentino G. Magno as Barangay Captain and respondents Remigio M. Tigas, Ricardo Z. Lacanienta, Teodoro V. Medina, Roberto S. Paz, and Teresita L. Tolentino as members of the Barangay Council, replacing the petitioners. The OIC Governor's affidavit confirmed these Memoranda were signed on February 8, 1987, and disseminated the following day. 3. The Petition: Petitioners filed an original action for Prohibition, seeking to nullify the subject Memoranda and to prevent respondents from replacing them. They argued that their six-year term, as established by BP Blg. 222, was still in effect until June 7, 1988. Furthermore, they contended that with the ratification of the 1987 Constitution, the OIC Governor lacked the authority to replace them. Respondents countered by citing Section 2, Article III of the Provisional Constitution, which allowed for the replacement of officials within one year of February 25, 1986. The Supreme Court considered the effective date of the Memoranda and the superseding effect of the 1987 Constitution, ultimately ruling that the OIC Governor could no longer rely on the Provisional Constitution to make the designations after the 1987 Constitution's ratification on February 2, 1987.
Issue(s)
Whether the Memoranda issued by the OIC Governor, antedated to December 1, 1986, but signed and disseminated in February 1987, are valid. Whether the OIC Governor had the authority to replace elected barangay officials after the ratification of the 1987 Constitution. Whether the term of office of barangay officials as provided in BP Blg. 222 is still operative.
Ruling
The Court granted the petition, declaring the Memoranda null and void and issuing a Writ of Prohibition enjoining respondents from ousting the petitioners. The Court held that the designations were invalid as they were made after the 1987 Constitution took effect, superseding the Provisional Constitution upon which the OIC Governor relied.
Ratio Decidendi
On the validity of the Memoranda: The Court noted the OIC Governor's candid affidavit admitting the Memoranda were signed on February 8, 1987, despite being antedated to December 1, 1986. While February 8, 1987, was within the one-year period provided by the Provisional Constitution, the Court found that this provision was overtaken by the 1987 Constitution. Therefore, the OIC Governor could no longer rely on the Provisional Constitution to make such designations. On the authority of the OIC Governor: The Court emphasized that the 1987 Constitution, ratified on February 2, 1987, superseded the Provisional Constitution. Consequently, the OIC Governor's authority to appoint or designate successors based on Section 2, Article III of the Provisional Constitution ceased to be operative. The Court affirmed that petitioners, as elective officials, possessed security of tenure. On the operative term of office: The Court held that the six-year term of office for barangay officials provided in Batas Pambansa Blg. 222 remained operative. This is because Section 3, Article XVIII of the 1987 Constitution mandates that existing laws not inconsistent with the new Constitution shall remain in force until amended, repealed, or revoked. The Court found no inconsistency between the six-year term and the 1987 Constitution, which also ensures the autonomy of local governments, including barangays.
Main Doctrine
Designations made by an OIC Governor relying on the Provisional Constitution are invalid if made after the ratification of the 1987 Constitution, which superseded the Provisional Constitution and affirmed the security of tenure of barangay officials whose terms are governed by existing laws not inconsistent with the new Constitution.