Facts:
In 1982, Alfredo M. De Leon was
elected as Baranggay Captain along with the other petitioners as Barangay
Councilmen of Baranggay Dolores, Taytay, Rizal. On February 9, 1987, he
received a Memorandum antedated December 1, 1986, signed on February 8, 1987 by
OIC Gov. Benhamin B. Esguerra designating Florentino Magno as new Barangay
Captain. A separate Memorandum with the same dates was also issued by Hon.
Esguerra replacing the Barangay Councilmen. De Leon along with the other
petitioners filed a petition to declare the subject Memorandum null and void
and prevent the respondents from taking over their positions in the Barangay.
The petitioners maintained that OIC Gov. Esguerra no longer have the authority
to replace them under the 1987 Constitution and that they shall serve a term of
six (6) years in pursuant to Section 3 of the Barangay Election Act of 1982.
Issue:
Was the designation of the new
Barangay Officials valid?
Ruling:
The effectivity of the Memorandum
should be based on the date when it was signed, February 8, 1987. By that time,
the 1987 Constitution was already in effect, thus superseding all previous
constitution as provided in Section 27 of its Transitory Provisions. Respondent
OIC Governor could no longer rely on Section 2, Article III of the Provisional
Constitution to designate respondents to the elective positions occupied by
petitioners.
Barangay Election Act of 1982 should
still govern since it is not inconsistent with the 1987 Constitution.
Wherefore, the designation by the
OIC Governor of new Barangay Officials was declared NO LEGAL FORCE AND EFFECT
and the Writ for Prohibition is GRANTED enjoining respondents perpetually from
ouster/take-over of petitioners’ position subject of this petition.
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