De Leon v.

Esguerra Case Digest

CASE FACTS ISSUES RULING
De Leon vs. On May 17, 1982, petitioner Alfredo M. De Leon was elected Whether or not the Supreme Court declared that the
Esguerra, 153 Barangay Captain together with the other petitioners as designation of Memoranda issued by respondent
SCRA 602, Barangay Councilmen of Barangay Dolores, Muncipality of respondents to replace OIC Gov on Feb 8, 1987
August, 31, 1987 Taytay, Province of Rizal in a Barangay election held under petitioners was validly designating respondents as
(En Banc), J. Batas Pambansa Blg. 222, otherwise known as Barangay made during the one-year Barangay Captain and Barangay
Melencio-Herrera Election Act of 1982. period which ended on Councilmen of Barangay Dolores,
Feb 25, 1987. Taytay, Rizal has no legal force
On February 9, 1987, petitioner De Leon received a and effect.
Memorandum antedated December 1, 1986 but signed by
respondent OIC Governor Benjamin Esguerra on February 8, The 1987 Constitution was ratified
1987 designating respondent Florentino G. Magno as in a plebiscite on Feb 2, 1987,
Barangay Captain of Barangay Dolores and the other therefore, the Provisional
respondents as members of Barangay Council of the same Constitution must be deemed to
Barangay and Municipality. have superseded. Having become
inoperative, respondent OIC Gov
Petitoners prayed to the Supreme Court that the subject could no longer rely on Sec 2, Art
Memoranda of February 8, 1987 be declared null and void and 3, thereof to designate
that respondents be prohibited by taking over their positions of respondents to the elective
Barangay Captain and Barangay Councilmen. positions occupied by petitioners.
Relevantly, Sec 8, Art 1 of the
Petitioners maintain that pursuant to Section 3 of the Barangay 1987 Constitution further provides
Election Act of 1982 (BP Blg. 222), their terms of office shall be in part:
six years which shall commence on June 7, 1988 and shall
continue until their successors shall have elected and shall "Sec. 8. The term of office of
have qualified. It was also their position that with the ratification elective local officials, except
of the 1987 Philippine Constitution, respondent OIC Governor barangay officials, which shall
no longer has the authority to replace them and to designate be determined by law, shall be
their successors. three years"

On the other hand, respondents contend that the terms of office Until the term of office of barangay
of elective and appointive officials were abolished and that officials has been determined by
petitioners continued in office by virtue of Sec. 2, Art. 3 of the aw, therefore, the term of office of
Provisional Constitution and not because their term of six years 6 years provided for in the
had not yet expired; and that the provision in the Barangay Barangay Election Act of 1982
Election Act fixing the term of office of Barangay officials to six should still govern.
years must be deemed to have been repealed for being
inconsistent with Sec. 2, Art. 3 of the Provisional Constitution.
 De Leon v. Esguerra Case Digest
CASE FACTS ISSUES
In the Barangay elections held on May 17, 1982, petitioner Whether or not
Alfredo M. De Leon was elected Barangay Captain and the Memorandum
the other petitioners as Barangay Councilmen of issued by the
Barangay Dolores, Taytay, Rizal under Batas Pambansa OIC Governor
Blg. 222, otherwise known as the Barangay Election Act of designating the
1982. respondents to
replace the
On February 9, 1987, petitioner Alfredo M. de Leon petitioners from
received a Memorandum antedated December 1, 1986 their respective
but signed by respondent OIC Governor Benjamin positions was
Esguerra on February 8, 1987 designating respondent valid.
Florentino G. Magno as Barangay Captain of Barangay
Dolores, Taytay, Rizal. The other petitioners were also
replaced. The designation made by the OIC Governor was
"by authority of the Minister of Local Government."
In the Barangay elections held on May 17, 1982, petitioner
Alfredo M. De Leon was elected Barangay Captain and
the other petitioners as Barangay Councilmen of
Barangay Dolores, Taytay, Rizal under Batas Pambansa
Blg. 222, otherwise known as the Barangay Election Act of
1982.
On February 9, 1987, petitioner Alfredo M. de Leon
received a Memorandum antedated December 1, 1986
but signed by respondent OIC Governor Benjamin
Esguerra on February 8, 1987 designating respondent
Florentino G. Magno as Barangay Captain of Barangay
Dolores, Taytay, Rizal. The other petitioners were also
replaced. The designation made by the OIC Governor was
"by authority of the Minister of Local Government."
RULING
The Supreme Court held it was not valid. 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. Having become
inoperative, respondent OIC Governor could no
longer rely on Section 2, Article III, thereof to
designate respondents to the elective positions
occupied by petitioners.
Petitioners must now be held to have acquired
security of tenure especially considering that 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.
Similarly, the 1987 Constitution ensures the
autonomy of local governments and of political
subdivisions of which the barangays form a part,
and limits the President's power to "general
supervision" over local governments.
Relevantly, Section 8, Article X of the same
1987 Constitution further provides in part:
“Sec. 8. The term of office of elective local
officials, except barangay officials, which
shall be determined by law, shall be three
years...”
Until the term of office of barangay officials has
been determined by law, therefore, the term of
office of six (6) years provided for in the
Barangay Election Act of 1982 should still
govern.