De Leon vs. Esguerra No. L-78059, 153 SCRA 602 [Aug 31, 1987]

 

De Leon vs. Esguerra

No. L-78059, 153 SCRA 602 [Aug 31, 1987]

“The act of ratification is the act of voting [in the plebiscite] by the people. So that is the date of the ratification.”

 

Facts:

De Leon was the incumbent Brgy. Captain elected on May 17, 1982 of Brgy. Dolores, Tagaytay, Rizal whose term was to end in 1988 under the Brgy. Election Act of 1982. On February 9, 1987, petitioner received a Memorandum antedated December 1, 1986, but signed by OIC Governor Esguerra on February 8, 1987, designating Florentino Magno as Barangay Captain of Barangay Dolores Taytay, Rizal. Esguerra relied on the Provisional Constitution which provided that “all elective officials xxx under the 1973 Constitution shall continue in office until designation xxx of their successors if such appointment is made within one year from February 25, 1986.

Issue:

Was the designation of respondents to replace petitioners validly made within the one year period contemplated in the Provisional Constitution?

Held:

No. Article XVIII, Sec 27 of the 1987 Constitution reads: “This Constitution shall take effect immediately upon its ratification by a majority of votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions.” The 1987 Constitution was ratified in a plebiscite on February 2, 1987. By that date, therefore, the Provisional Constitution must have been superseded already. Having been rendered inoperative, Esguerra could no longer correctly rely on it when he designated the respondents on February 8, 1987.

 

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