FACTS LAND MARK CAE FO RTHE EFFECTIVITY OF THE 1987 CONSTI ( 2 FEB 1987 )
Petitioners De Leon and others hold position for Barangay Captain and Barangay Councilmen of Barangay
Dolores in Taytay, Rizal made effective with the Barangay elections held 17 May 1982.
Respondent Esguerra in his capacity as OIC Governor, designation replacement of the subject Barangay
officials on 8 Feb 1987 although ante date dec 1 1986, which petitioners received as a Memorandum 9
Feb 1987.
Petitioners seeks the declaration of such Memoranda to eb null and void, contending that pursuant to
Section 3 of the Barangay Election Act of 1982 (BP Blg. 222), their terms of office "shall be six (6) years
which shall commence on June 7, 1982 and shall continue until their successors shall have elected and
shall have qualified," or up to June 7, 1988. Further, that thru ratification of the 1987 Constitution,
Respondent OIC GFovernor should no longer have the authority to replace and designate such
successors.
Respondent, in turn contends Sec 2 of Article 3 of the Provisional Constitution promulgate on 25 Mar
1986, which provides that the petitioner term ended as the designation and appointment of their
succesors were made within a period of one year from 25 Feb 1986
. 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 one
year from February 25,1986.
ISSUE
Whether the designation of respondents to replace petitioners was validly made during the one-year
period which ended on February 25, 1987
RULING
The court ruled in favor of the petitioner, pointing out the ratification of the 1987 Constitution on 2
Feb 1987. Hence at the time being, has already superseded the Provisional Constitution, leaving the
PIC Governor no authority in designating and appointing successors of the officials. The court
posited that the same term of office shall be operative pursuant to Sec 2 Art 18 of the 1987
Constitution.
the Barangay Election Act of 1982 declares it "a policy of the State to guarantee and promote the
autonomy of the barangays to ensure their fullest development as self-reliant communities.2 thus with
this in consideration it must be held that the petitioner already acquired secutiy of tenure.
nothing inconsistent between the term of six (6) years for elective Barangay officials and the 1987
Constitution, and the same should, therefore, be considered as still operative, pursuant to Section 3,
Article XVIII of the 1987 Constitution, reading:
Sec. 3. All existing laws, decrees, executive orders, proclamations letters of instructions, and other
executive issuances not inconsistent, with this Constitution shall remain operative until amended,
repealed or revoked.