De Leon vs. Esguerra, G.R. No.

78059 August 31, 1987

Facts:

Petitioner Alfredo M. De Leon and other petitioners were elected Barangay Captain and
Barangay Councilmen, respectively, in the Barangay elections held on May 17, 1982, under
Batas Pambansa Blg. 222. On February 9, 1987, respondent OIC Governor Benjamin
Esguerra issued Memoranda designating respondents as Barangay Captain and Barangay
Councilmen of Barangay Dolores, Taytay, Rizal, purportedly by authority of the Minister of
Local Government.

Issues:

Whether the Memoranda designating respondents to replace petitioners in their elective

positions were valid.
Whether the designation of respondents was made within the one-year period following
February 25, 1986, as provided by law.

Ruling:

The Court declared the Memoranda null and void, prohibiting respondents from taking over
the positions of petitioners. The designation made by the OIC Governor was deemed invalid
as it was beyond the one-year period allowed for such appointments after February 25,
1986. While the term of office for elective Barangay officials under the 1973 Constitution
was six years, the 1987 Constitution, which took effect immediately upon its ratification,
mandated a three-year term for elective local officials. However, existing laws not
inconsistent with the new Constitution, such as the term of office for Barangay officials
under Batas Pambansa Blg. 222, remained operative until amended or repealed.

Principles:

The term of office for elective officials, unless otherwise provided by law, is three years, as
mandated by the 1987 Constitution.
Existing laws not inconsistent with the new Constitution remain operative until amended,
repealed, or revoked.
Designations or appointments made within one year from February 25, 1986, are valid
unless otherwise provided by proclamation, executive order, or law.