POLITICAL LAW REVIEW
Issue: W/N the designation made by Esguerra valid.
KA-POLI NOTES
Held: No. The 1987 Constitution took effect on February 2,
1987. The Supreme Court stated that while February 8, 1987
is still within the one year deadline, the Provincial Constitution
must be deemed to have been overtaken by Section 27, Article
XVIII of the 1987 Constitution, which states that this
Constitution shall take effect immediately upon its ratification
by a majority of the votes cast in a plebiscite held for the
purpose and shall supersede all previous Constitutions. The
1987 Constitution was ratified in a plebiscite on February 2,
1987. By that date, therefore, the Provincial Constitution must
be deemed to have been superseded. Having become
inoperative, the respondent OIC Governor could no longer
rely on such to designate respondents to the elective
positions occupied by the petitioners.
Important dates in De Leon vs. Esguerra
➔ February 2, 1987 - The 1987 Constitution took effect.
There was a plebiscite, to which the people voted.
➔ February 8, 1987 - When the respondent OIC Governor
Esguerra signed the memorandum, which was antedated
December 1, 1986.
➔ February 11, 1987 – President Cory Aquino issued
Proclamation No. 58, stating that the 1987 Constitution
was ratified.
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The Constitution of the Philippines
When did the 1987 Constitution take effect?
According to the case of De Leon vs. Esguerra, the 1987
Constitution took effect on February 2, 1987.
Why is it important to know the effectivity of the Constitution?
The 1987 Constitution was ratified in a plebiscite on February
2, 1987. By that date, therefore, the Provincial Constitution
must be deemed to have been superseded. Having become
inoperative, the respondent OIC Governor could no longer
rely on such to designate respondents to the elective
positions occupied by the petitioners.
De Leon vs. Esguerra
G.R. No. 78059, August 31, 1987
Facts:
➔ Petitioner De Leon was elected Barangay Captain and the
other petitioners as Barangay Councilmen on February 9,
1987.
➔ De Leon received a memorandum antedated December
1, 1986, which was signed by respondent OIC Governor
Esguerra on February 8, 1987, designating respondents
as Barangay Captain and Barangay Councilmen.
➔ The authority of Esguerra emanated from the authority
of the Minister of Local Government.
➔ Petitioners prayed that such memorandums be declared
null and void, and that respondents be prohibited from
taking over their positions on the ground that since the
ratification of the 1987 Constitution, the OIC Governor
no longer has the authority to replace them.
➔ Respondents averred, grounding their reply on Section
2, Article III of the Provincial Constitution which states
that “all elective and appointive officials and employees
under the 1973 Constitution shall continue in office until
otherwise provided by proclamation or executive order,
or upon the designation or appointment and
qualification of their successors IF SUCH APPOINTMENT
IS MADE WITHIN A PERIOD OF 1 YEAR FROM FEBRUARY
25, 1986.
Is there a codal provision for the effectivity date of the 1987
Constitution?
Section 27, Article XVIII - This Constitution SHALL TAKE
EFFECT IMMEDIATELY upon its ratification by a majority of the
votes cast in a plebiscite held for the purpose and shall
supersede all previous Constitutions.
What is the operative fact of the ratification?
When the people voted and not the announcement. The
proclamation was JUST A CONFIRMATION.
Supposing there is no provision in the Constitution. Will our
conclusion change?
The proclamation is merely the MATHEMATICAL
COMPUTATION. If it would be dependent on the
proclamation of the president, then it will only delay the
effectivity of the Constitution. It would be CATACLISMIC. It
would empower the president to defeat the will of the
majority.
1
POLI RECIT Qs / THE CONSTITUTION OF THE PHILIPPINES
KA-POLI NOTES 2020-2021
Dione Maghirang / Lara Murallos / Tin Narne-Pedralvez / Fergie Villanueva
POLITICAL LAW REVIEW
Why is it important to determine the effectivity of the 1987
Constitution?
According to Justice Teehankee’s concurring opinion in the
above-mentioned case, the clear, unequivocal, and express
intent of the Constitutional Commission in approving Article
XVIII, Section 27 was that the act of ratification is the act of
voting by the people. So that is the date of the ratification and
that 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 in adopting the Constitution when
they cast their votes on the date of the plebiscite.
Take note of the term “functus officio”
Functus officio refers to an officer or agency whose mandate
has expired, due to either the arrival of an expiry date or an
agency having accomplished the purpose for which it was
created.
2
POLI RECIT Qs / THE CONSTITUTION OF THE PHILIPPINES
KA-POLI NOTES 2020-2021
Dione Maghirang / Lara Murallos / Tin Narne-Pedralvez / Fergie Villanueva