DE LEON v.

ESGUERRA

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 or not the designation was valid

RULING:

NO. Though the designation was within the one year period which ended on Feb. 25, 1987, however, it
was cut short when the 1987 Constitution took effect on Feb. 2, 1987. When the 1987 Constitution was
in effect, the governor 1987 Constitution was in effect, the governor no longer had the authority to
designate successors nger had the authority to designate successors under the Provisional Constitution
which was deemed to have been superseded. There has been no proclamation or executive order
terminating the term of elective Barangay officials; and the Barangay Election Act is not inconsistent
with the Constitution. The Constitution. The writ of prohibition was writ of prohibition was granted and
the petitioners have acquired the security of tenure