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  • Edmund B. Diaz Statutory Construction Case Digest Alfredo M. de Leon v. Hon Benjamin B. Esguerra G.R. No. 78059, Aug 31, 1987 Jurisprudence

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    1) Petitioners were elected in 1982 to positions as Barangay Captain and Councilmen for a term of 6 years until 1988. 2) In 1987, respondents were designated by the OIC Governor to replace the petitioners, relying on a provision of the 1986 Provisional Constitution. 3) The Supreme Court ruled the designations invalid, as the 1987 Constitution was ratified in February 1987, superseding the Provisional Constitution and removing the authority to make the replacements.

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    Alfredo-M.-De-Leon-v.-Hon-Benjamin-B.-Esguerra-GR-78059-by-Edmund-Diaz

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    1) Petitioners were elected in 1982 to positions as Barangay Captain and Councilmen for a term of 6 years until 1988. 2) In 1987, respondents were designated by the OIC Governor to replace the petitioners, relying on a provision of the 1986 Provisional Constitution. 3) The Supreme Court ruled the designations invalid, as the 1987 Constitution was ratified in February 1987, superseding the Provisional Constitution and removing the authority to make the replacements.

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    412 views1 page

    Edmund B. Diaz Statutory Construction Case Digest Alfredo M. de Leon v. Hon Benjamin B. Esguerra G.R. No. 78059, Aug 31, 1987 Jurisprudence

    Uploaded by

    Christopher Advincula
    1) Petitioners were elected in 1982 to positions as Barangay Captain and Councilmen for a term of 6 years until 1988. 2) In 1987, respondents were designated by the OIC Governor to replace the petitioners, relying on a provision of the 1986 Provisional Constitution. 3) The Supreme Court ruled the designations invalid, as the 1987 Constitution was ratified in February 1987, superseding the Provisional Constitution and removing the authority to make the replacements.

    Copyright:

    © All Rights Reserved
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    EDMUND B.

    DIAZ Statutory Construction Case Digest

    Alfredo M. De Leon v. Hon Benjamin B. Esguerra


    G.R. No. 78059, Aug 31, 1987

    Jurisprudence:
    The thrust of the dissent is that the Constitution should be deemed to "take effect on the date its
    ratification shall have been ascertained and not at the time the people cast their votes to approve or
    reject it.

    Facts:
    On May 17, 1982 petitioner Alfredo M. de Leon was elected Barangay Captain and other petitioners
    as a Barangay Councilmen of Barangay Dolores, Tagaytay Rizal under Batas Pambasa Blg, 222,
    (Barangay Election Act of 1982).

    On February 9, 1987, petitioner received a memorandum antedated December 1, 1986 but signed by
    respondent OIC Governor Benjamin Esquerra on February 8 1987 designating respondent Florentino
    G. Magno as Brgy. Captain of the said place. It was contended that the designation made was “by
    authority of the Minister of Local Government”. Also in the memorandum the OIC Governor
    designated the other respondents as Members of Barangay Council.

    The petitioners pray that the subject Memoranda of February 8, 1987 be declared null and void and
    that to prohibit the respondents from taking over the positions. Petitioners maintain that pursuant
    to the Sec.3 of the BP Blg. 222, their term of office shall be 6 years which shall commence on June 7,
    1982 and shall continue until their successors shall have elected and shall have qualified, “or up to
    June 7, 1988. On the other hand the respondents rely on Section 2, Article III of the Provisional
    Constitution promulgated on March 25 1986, which provided [All elective and appointed officials
    under 1973 Constitution shall continue in office until otherwise provided by proclamation or
    executive order or upon the designation or appointment and qualification of their successors, if such
    appointment is made within a period of a year from February 25 1986.

    Issue:
    Whether or not the designation of respondents to replace petitioners was validly made.

    Ruling:
    Supreme Court declared that the Memoranda issued by respondent OIC Governor on Feb 8, 1987
    designating respondents as Barangay Captain and Barangay Councilmen of Barangay Dolores,
    Taytay, Rizal has no legal force and effect.

    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.

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