Case Digest: De Leon v. Esguerra, G.R. No. 78059, August 31, 1987

  Political Law Review | The 1986 Provisional Constitution

  • Petitioner Alfredo M. De Leon was elected Barangay Captain of Barangay Dolores, Taytay, Rizal, in the May 17, 1982 Barangay elections, along with other petitioners as Barangay Councilmen, under Batas Pambansa Blg. 222.

  • Their term of office was set for six years, from June 7, 1982 to June 7, 1988, unless successors were elected and qualified.

  • On February 9, 1987, De Leon received a Memorandum signed by OIC Governor Benjamin Esguerra on February 8, 1987, but antedated December 1, 1986, designating new barangay officials to replace the petitioners.

  • The designation was made “by authority of the Minister of Local Government” and was based on Section 2, Article III of the Provisional Constitution, which allowed replacement of officials within one year from February 25, 1986.

  • Petitioners filed for Prohibition, arguing that the 1987 Constitution, ratified in a plebiscite on February 2, 1987, had already taken effect and superseded the Provisional Constitution, thereby invalidating the OIC Governor’s authority to replace them.


When did the 1987 Constitution took effect?

  • Effectivity of the 1987 Constitution

  • The Court held that the 1987 Constitution took effect on February 2, 1987, the date of the plebiscite, not on the date of its proclamation (February 11, 1987).

  • This interpretation was based on Section 27, Article XVIII of the Constitution: “This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose…”

  • The ratification of the 1987 Constitution superseded the Provisional Constitution on February 2, 1987. As a result, the authority of the OIC Governor under the Provisional Constitution to replace officials ceased on that date.

  • The Memoranda issued on February 8, 1987, designating new barangay officials, were declared null and void. Petitioners were held to have security of tenure, and the Barangay Election Act’s six-year term remained valid and operative.

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