De Leon vs Esguerra

Facts:

Alfredo de Leon won as barangay captain and other petitioners won as councilmen of barangay dolores, taytay, rizal. On february 9, 1987, de leon received memo antedated december 1, 1986 signed by OIC Gov. Benhamin Esguerra, february 8, 1987, designating Florentino Magno, as new captain by authority of minister of local government and similar memo signed february 8, 1987, designated new councilmen.

Issue:
Whether or not designation of successors is valid.

Held:

No, memoranda has no legal effect.

1. Effectivity of memoranda should be based on the date when it was signed. So, February 8, 1987 and not December 1, 1986.

2. February 8, 1987, is within the prescribed period. But provisional constitution was no longer in efffect then because 1987 constitution has been ratified and its transitory provision, Article XVIII, sec. 27 states that all previous constitution were suspended.

3. Constitution was ratified on February 2, 1987. Thus, it was the constitution in effect. Petitioners now acquired security of tenure until fixed term of office for barangay officials has been fixed. Barangay election act is not inconsistent with constitution.