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    1 - Digest-De Leon V Esguerra

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    1) Petitioner Alfredo De Leon and others were elected as barangay officials of Barangay Dolores, Taytay, Rizal in 1982 under the Barangay Election Act of 1982. 2) In February 1987, respondent Governor Esguerra issued memoranda designating new barangay officials to replace the petitioners. 3) The issue is whether the 1987 memoranda are valid in replacing the petitioners who were elected to 6-year terms under the 1982 Barangay Election Act.

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    1 - Digest-De Leon V Esguerra

    Uploaded by

    Tin
    2K views1 page
    1) Petitioner Alfredo De Leon and others were elected as barangay officials of Barangay Dolores, Taytay, Rizal in 1982 under the Barangay Election Act of 1982. 2) In February 1987, respondent Governor Esguerra issued memoranda designating new barangay officials to replace the petitioners. 3) The issue is whether the 1987 memoranda are valid in replacing the petitioners who were elected to 6-year terms under the 1982 Barangay Election Act.

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    1 - Digest-De Leon v Esguerra

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    1) Petitioner Alfredo De Leon and others were elected as barangay officials of Barangay Dolores, Taytay, Rizal in 1982 under the Barangay Election Act of 1982. 2) In February 1987, respondent Governor Esguerra issued memoranda designating new barangay officials to replace the petitioners. 3) The issue is whether the 1987 memoranda are valid in replacing the petitioners who were elected to 6-year terms under the 1982 Barangay Election Act.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    1 - Digest-De Leon V Esguerra

    Uploaded by

    Tin
    1) Petitioner Alfredo De Leon and others were elected as barangay officials of Barangay Dolores, Taytay, Rizal in 1982 under the Barangay Election Act of 1982. 2) In February 1987, respondent Governor Esguerra issued memoranda designating new barangay officials to replace the petitioners. 3) The issue is whether the 1987 memoranda are valid in replacing the petitioners who were elected to 6-year terms under the 1982 Barangay Election Act.

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    De Leon vs Esguerra Facts: In the Barangay elections held on May 17, 1982, petitioner Alfredo M.

    De Leon was elected Barangay Captain and the other petitioners Angel S. Salamat, Mario C. Sta. Ana, Jose C. Tolentino, Rogelio J. de la Rosa and Jose M. Resurreccion, as Barangay Councilmen of Barangay Dolores, Taytay, Rizal under Batas Pambansa Blg. 222, otherwise known as the Barangay Election Act of 1982. On February 9, 1987, petitioner Alfredo M, de Leon received a Memorandum antedated December 1, 1986 but signed by respondent OIC Governor Benjamin Esguerra on February 8, 1987 designating respondent Florentino G. Magno as Barangay Captain of Barangay Dolores, Taytay, Rizal. The designation made by the OIC Governor was "by authority of the Minister of Local Government. Also on February 8, 1987, respondent OIC Governor signed a Memorandum, antedated December 1, 1986 designating respondents Remigio M. Tigas, Ricardo Z. Lacanienta Teodoro V. Medina, Roberto S. Paz and Teresita L. Tolentino as members of the Barangay Council of the same Barangay and Municipality.ch Issue: Whether the memoranda of Feb 8, 1987 is null and void, thus prohibiting respondents from taking over the appointed positions? Ruling: Considering Section 2, Article III of the Provisional Constitution which states that All elective and appointive officials and employees under the 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 one year from February 25,1986, it would seem that the appointment was valid on Feb 8, 1987 since the term of the elective officials would end in Feb 25, 1987. However, since the new constitution was ratified on Feb 2, 1987 and section 27 states that effectivity is immediate, thereby superseding the Provisional Constitution. Furthermore, the 1987 Constitution under ensures the autonomy of the barangays to ensure their fullest development and the the Presidents power is for general supervision only which is in line with the barangay election act of 1982. Relevantly, on Section 8 states that terms of local officials is 3 years, except of barangay officials, which means that the 6-year terms as stated in the Barangay Election Act of 1982 is still in effect unless otherwise stated by law.

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