Case Summary (G.R. No. 78059)
Petitioners
They sought a writ of prohibition to enjoin respondents from ousting them from their positions as Barangay Captain and Councilmen of Barangay Dolores, contending that their six-year term under the Barangay Election Act of 1982 had not expired and that the OIC Governor lacked authority under the 1987 Constitution to replace them.
Respondents
The OIC Governor and OIC Mayor, invoking Section 2, Article III of the Provisional Constitution (March 25, 1986), argued that all elective officials’ terms were subject to termination or replacement within one year of February 25, 1986, and that petitioners continued in office solely by operation of that provision, not by virtue of their unexpired six-year term.
Key Dates
May 17, 1982 Barangay elections under Batas Pambansa Blg. 222.
February 8, 1987 OIC Governor signs memoranda designating new barangay officials (antedated December 1, 1986).
February 2, 1987 Plebiscite ratifying the 1987 Constitution.
August 31, 1987 Supreme Court En Banc decision.
Applicable Law
– Barangay Election Act of 1982 (B.P. Blg. 222): six-year term commencing June 7, 1982.
– Provisional Constitution, Article III, Section 2: elective and appointive officials continue in office until successors are designated within one year from February 25, 1986.
– 1987 Philippine Constitution, Article XVIII, Section 27: new Constitution takes effect immediately upon ratification by plebiscite and supersedes all previous Constitutions; Article X, Sections 1–4 and 8: local autonomy and terms of elective local officials.
Facts
Petitioners were mid-term barangay officials whose six-year tenure extended until June 7, 1988. On February 8, 1987, the OIC Governor signed memoranda (antedated to December 1, 1986) replacing petitioners with respondents Magno et al. The memoranda were disseminated February 9, confirmed by the Governor’s affidavit admitting late signing and antedating.
Issue
Whether the OIC Governor validly exercised authority under the Provisional Constitution to replace election-qualified barangay officials within the one-year period, or whether the ratification of the 1987 Constitution on February 2, 1987 immediately terminated that power and preserved petitioners’ security of tenure.
Majority Decision
The Court held that the 1987 Constitution took effect upon ratification on February 2, 1987, thereby superseding the Provisional Constitution. Consequently, the OIC Governor’s power to designate barangay successors under the Provisional Constitution ceased on that date. Petitioners’ six-year terms under B.P. 222 remained operative, as they were not inconsistent with the 1987 Constitution and enjoy protection under its transitory provisions.
Majority Reasoning on Constitutional Transition
– Provisional Constitution’s one-year replacement window ended upon ratification of the 1987 Constitution, per Article XVIII, Section 27.
– Any reliance on the Provisional Constitution after February 2, 1987 was invalid.
– The 1987 Constitution’s guarantee of local autonomy and secured tenure for barangay officials (Article X, Sections 1–4, 8) supports retention of the six-year term until lawful successors qualify.
Majority Reasoning on Existing Law
Section 3, B.P. Blg. 222 (six-year term) survives under Article XVIII, Section 3 of the 1987 Constitution, which preserves all existing laws not inconsistent with the new Charter. There is no conflict between the Act’s term provision and the Constitu
Case Syllabus (G.R. No. 78059)
Facts
- In the barangay elections of May 17, 1982 under Batas Pambansa Blg. 222, petitioner Alfredo M. De Leon was elected Barangay Captain, and petitioners Angel S. Salamat, Mario C. Sta. Ana, Jose C. Tolentino, Rogelio J. De la Rosa and Jose M. Resurreccion were elected Barangay Councilmen of Barangay Dolores, Taytay, Rizal.
- On February 8, 1987, respondent OIC Governor Benjamin B. Esguerra signed memoranda, antedated December 1, 1986, designating Florentino G. Magno as Barangay Captain and Remigio M. Tigas, Ricardo Z. Lacanienta, Teodoro V. Medina, Rosendo S. Paz and Teresita L. Tolentino as Councilmen of the same barangay.
- The memoranda were personally signed on February 8, 1987, and disseminated on February 9, 1987, as shown by the Governor’s affidavit.
Procedural History
- Petitioners filed an original action for a writ of prohibition to enjoin respondents from replacing them in their respective barangay positions.
- Respondents filed a Comment; petitioners submitted a Reply.
- Petitioners sought declaration of nullity of the February 8, 1987 memoranda and perpetual prohibition against respondents’ assumption of petitioners’ offices.
Statutory and Constitutional Provisions
- Batas Pambansa Blg. 222, Section 3: Barangay officials’ six-year term runs from June 7, 1982 until successors are elected and qualified (up to June 7, 1988).
- Provisional Constitution (March 25, 1986), Article III, Section 2: Elective and appointive officials continue in office until replaced within one year from February 25, 1986, by proclamation or executive order.
- 1987 Constitution, Article XVIII, Section 27: New Constitution takes effect immediately upon its ratification by majority vote in a plebiscite, superseding all previous Constitutions.
- 1987 Constitution, Article X, Section 8: Term of office for elective local officials (except barangay) shall be determined by law; until then, existing terms control.
- 1987 Constitution, Artic