De Leon v. Esguerra
153 SCRA 602
FACTS:
Alfredo De Leon was elected Barangay Captain in the elections on May 17, 1982. On February 9,
1987, petitioner received a Memorandum antedated December 1, 1986, but signed by OIC Governor
Esguerra on February 8, 1987, designating Florentino Magno as Barangay Captain of Barangay
Dolores Taytay, Rizal. Petitioners pray that the memorandum is null and void in accordance with
Section 3 of Barangay Election Act of 1982. Petitioner further that with the ratification of the 1987
Constitution, respondent OIC governor no longer has authority to designate successors and replace
them.
ISSUE:
Is the dismissal order of De Leon et. Al. by respondent OIC Governor valid?
HELD:
The constitution was ratified in a plebiscite on February 2, 1987. By that date, the Provisional
Constitution has been superseded. As such, respondent OIC Governor could no longer rely on
Section 2 Article III of said Constitution. The Memoranda was declared to be of no legal force and
the writ of prohibition enjoining respondents from proceeding with the take-over was granted.