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Constitutional Law Case Digests
Constitutional Law Case Digests
Constitutional Law Case Digests
FACTS:
Petitioner was elected as Barangay Captain together with other petitioners as Barangay
Councilmen of Barangay Dolores, Municipality of Taytay, Pronice of Rizal in a Barangay
election held under Barangay Election Act of 1982.
Petitioner received a Memorandum from OIC Governor Benjamin Esguerra which provided the
designation of respondent Florentino Magno as Barangay Captain of the same barangay and the
other respondents as members of the barangay Council of the same barangay and municipality.
Petitioners maintain that Sec 3 of the Barangay Election Act of 1982 provides that the terms of
office shall be six (6) years which shall continue until their successors shall have elected and
qualified. Also, in accordance with the recent ratification of the 1987 Constitution, it seems that
respondent OIC Governor no longer had the authority to replace them as well as designate
successors.
Petitioner prayed that the Memorandum be declared null and void and that respondents be
prohibited from taking over their positions.
ISSUE:
Whether the designation of successors is valid.
HELD:
No, memoranda has no legal effect. The Court ruled in the negative. SC declared that the
Memorandum issued by respondent OIC Governor designating respondents as Barangay Captain
and Councilmen of Barangay Dolores has no legal force and effect.
February 8, 1987, is within the prescribed period. But provisional constitution was no longer in
effect then because 1987 constitution has been ratified and its transitory provision, Article XVIII,
sec. 27 states that all previous constitution were suspended.
The 1987 Constitution was ratified in a plebiscite on February 2, 1987. By that date therefore,
the provisional constitution must be deemed to have been superseded. Effectivity of the
Constitution is also immediately upon its ratification.
When did the 1987 Constitution take effect?
The Supreme Court, with only one dissent, ruled in De leon vs. Esguerra that the 1987
Constitution took effect on February 2, 1987 which is the date of its ratification in the plebiscite,
by virtue of its provision under Article XVIII, Section 27 that it “shall take effect immediately
upon its ratification by a majority of the votes cast in a plebiscite held for the purpose.” (This
provision was unanimously approved by thirty-five votes in favor and none against in the Con
Com of 1986)
The effectivity of the Constitution should commence on the date of the ratification that is the
date the people have cast their votes in favor of the Constitution. The act of voting by the people
is the act of ratification. It should not be on the date of the proclamation of the President since it
is the act of the people. In fact, there should be no need to wait for any proclamation on the part
of the President, if there is, it is merely the official confirmatory declaration of an act done by the
people. The COMELEC, on the other hand, should make the official announcement that the
votes show that the Constitution was ratified, but the canvass is merely a mathematical
confirmation of what was done during the plebiscite.