Professional Documents
Culture Documents
LocGov Digests First Session
LocGov Digests First Session
Esguerra
- Petitioners are incumbent barangay officials. Respondents are
governors who filed a memorandum replacing petitioners.
- Petitioners argue that under the BP222 (Barangay Election Code),
their term was for 6 years and therefore the memorandum is null
and void.
- Respondents argue that under provisional Constitution, all
officials under the 1973 Consti are subject to any subsequent
appointments that are made 1 year from Feb. 25, 1986.
- PROBLEM = memorandum made Feb. 8, 1987 >> which is
within 1 year deadline
- ISSUE: WoN the memorandum was a valid proclamation to
appoint new officials.
- RULING: Respondents cannot replace petitioners
- with the passing and ratification of 1987 Consti on FEB. 2,
the provisional Consti is deemed superceded and therefore
Respondent cannot rely on it to replace petitioners.
- This means that petitioners now have security of tenure because
the 1987 consti ensures autonomy of locgovs >>> under Sec. 8
of Art. X, terms of barangay officials are 3 years >>> before any
law is passed fixing the length of term of office, the original 6
year term should still govern.
- There is no inconsistency with the 3 year and 6 year terms. >>>
Sec. 3 of Art. 18 = 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operative until amended, repealed or revoked.
- DISSENT: 1987 consti was ratified on Feb. 11 when it was
proclaimed ratified, and not on the day of ratification itself.