Case Digest (G.R. No. 127116)
Facts:
Alex L. David v. Commission on Elections, G.R. Nos. 127116 and 128039, April 08, 1997, Supreme Court En Banc, Panganiban, J., writing for the Court.
Petitioners were barangay officials led by Alex L. David (in his capacity as Punong Barangay of Barangay 77, Zone 7, Kalookan City and as President of the Liga ng mga Barangay sa Pilipinas) and the Liga ng mga Barangay Quezon City Chapter (represented by Bonifacio M. Rillon); respondents were the Commission on Elections (COMELEC), the Secretary of the Department of the Interior and Local Government, and the Secretary of the Department of Budget and Management.
In G.R. No. 127116, petitioner David filed on December 2, 1996 a petition for prohibition under Rule 65 seeking to enjoin the scheduled barangay elections on the second Monday of May 1997. The Court required comments, received a Comment by the Solicitor General (which sided with petitioner) and one by COMELEC (opposing the petition), invited memoranda and designated former Senator Aquilino Q. Pimentel, Jr. as amicus curiae; motions for temporary restraining orders were noted but not granted, and an intervenor motion was denied.
In G.R. No. 128039, filed February 20, 1997, the Liga ng mga Barangay Quezon City Chapter sought certiorari to declare (1) Section 43(c) of R.A. 7160 (Local Government Code), (2) COMELEC Resolutions Nos. 2880 and 2887 (fixing the May 12, 1997 election), and (3) the P400 million appropriation in R.A. 8250 unconstitutional. The Court consolidated the two cases (February 25, 1997), required comments (which were filed), noted but did not grant motions for oral argument or TRO, and submitted the consolidated petitions for resolution.
Petitioners argued that barangay officials elected on the second Monday of May 1994 had five-year terms under R.A. 6679 (and R.A. 6653) and that R.A. 7160’s three-year term either did not apply to barangay officials or did not repeal the earlier special laws. COMELEC defended its Resolutions and relied on R.A. 7160 Sec. 43(c), the appropriations in R.A. 8250, and prior judicial treatment (notably Paras v. Comelec, G.R. No. 123169). The Solicitor General and amicus curiae Pimentel urged denial of the petitions, the former agreeing that R.A. 6679 was not controlling and the latter contending the Code was meant to shorten terms to three yea...(Subscriber-Only)
Issues:
- Which law governs the term of office of barangay officials elected on the second Monday of May 1994: R.A. 7160 or R.A. 6679?
- Is R.A. 7160, insofar as it reduces the term of barangay officials to three years (Sec. 43[c]), constitutional under the 1987 Constitution?
- Are petitioners estopped from contesting the applicability of the three‑year ter...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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