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