G.R. No. 78059 August 31, 1987
De Leon (petitioner) Vs. Esguerra (Respondent)
Facts of the Case:
- De Leon was the Brgy. Captain of Dolores Taytay Rizal during that time. His term
was to end in 1988 under the brgy. Election act of 1982 since he started his term
last May 17, 1982. Petitioner Received a memorandum last Feb 9, 1987 which was
signed by OIC Governor Benjamine Esguerra about designating respondent
Florentino G. Magno as Barangay Captain of Barangay Dolores, Taytay, Rizal.
(Drafted in dec. 1, 1986). Prior to that day, the Governor also signed another
memorandum stating that they are to replace petitioner’s current council
members in light of this action. Due to this action, petitioners prayed to the court
that the memoranda given on February 8, 1986 be null and void since the
respondents are still prohibited to assume positions brgy. Captain and brgy.
Councilmen respectively under the section 2, Article III of the 1973 Provisional
Constitution. Respondents however, relied on the Provisional Constitution which
states that “all elective officials under the 1973 Constitution shall continue in
office until designation of their successors if such appointment is made within
one year from February 25, 1986.
Issues:
- - Was the placement of the respondents to replace the petitioner in his position a
valid action under the time period which the Philippine Constitution gave?
Decisions (Holdings):
- No.
- The memorandum filed by the respondent has no legal force and effect because of
the constitution which was recently erected therefore the 6 year term that
currently is in position shall prevail.
Reasoning (Rationale):
- The moment the new constitution was written, Section 27, Article XVIII of the
1987 Constitution overtook all of the previous constitutions and therefore deems
the respondents defense as powerless in this time. Regarding position, the same
should still be kept since Section 3, Article XVIII of the 1987 Constitution
governs.