CMM DIGEST

De Leon v Esguerra
August 31, 1987
Constitutions effectivity: date of plebiscite for ratification/proclamation of ratification
(Constitutional Law 1)

Petitioner: De Leon, Salamat, Sta Ana, Tolentino, De La Rosa, Resurrection
Respondent:Esguerra (OIC Governor Rizal Province), De Leon (OIC Mayor), Magno,
Tigas, Lacanienta, Medina, Paz, Tolentino
Ponente: Melencio-Herrera

Prohibition to review the order of OIC Governor.

RELATED LAWS:
Dec 1, 1986 Memorandum by the OIC Governor: ordering the replacement of all
barangay officials in the Municipality of Taytay, Rizal. (signed: Feb 8, 1987,
disseminated: Feb 9, 1987)

Sec 3 Barangay Election Act of 1982 (BP 222): their terms of office shall be 6
years and shall continue until their successors shall have been elected and qualified,
or up to June 7, 1988.

Sec 2 Art 3 (Provisional Constitution): All elective and appointive officials and
employees under the 1973 constitution shall continue in office unless otherwise
provided by proclamation or executive order or upon designation or
appointment&qualification of their successors, if such appointment is made a period
of one year from February 25, 1986.

Sec 27 Art 18 (1987 Constitution): This constitution shall take effect immediately
upon its ratification (Feb 2, 1987) by a majority of the votes cast in plebiscite held
for the purpose and shall supersede all previous constitution.

Sec 8 Art 10 (1987 Constitution): The term of office of elective officials, except
barangay officials, which shall be determined by law, shall be 3 years.

Sec 3 Art 18 (1987 Constitution): All existing laws, decrees, EO, proclamations,
letter of instructions and other executive issuances not inconsistent with this Consti
shall remain operative until amended, repealed or revoked.

FACTS:
May 17, 1982 petitioners won during the election
December 1, 1986 Memorandum was issued, replacing the petitioners from
their respective position in office (which is short of their 6 year tenure)
Feb 2, 1987 date of plebiscite and ratification of 1987 Consti
Feb 8, 1987 supposed effectivity of Memorandum

CMM DIGEST
De Leon v Esguerra
August 31, 1987
Constitutions effectivity: date of plebiscite for ratification/proclamation of ratification
(Constitutional Law 1)

Petitioners are seeking that respondents be enjoined from replacing them
from their positions. Petitioners claim that said memorandum be declared null and
void and that the OIC governor has no authority to replace them.
Respondents however, rely on Sec 2 Art 3 of the Provisional Constitution
which stated that petitioners may be replaced. Furthermore, respondents claim that
the terms of 6 years stated in BP 222 must be considered repealed as it is
inconsistent with the said article in the provisional constitution.
The Memorandum by the OIC governor must be considered to have taken
effect on Feb 8, 1987 so as to keep with the dictates of justice. However, the 1987
Constitution, which supersedes all previous constitutions, took effect on February 2.
Thus, the OIC governor cannot anymore rely on the article from the Provisional
Consti. Furthermore, until the term of the Brgy officials is determined by law (in
pursuant of Sec 8 Art 10 of 1987 Consti), then it should be held that their tenure is
for 6 years.
Therefore, memorandum issued by OIC governor is null and void. The
respondents are enjoined from proceeding with the take-over of petitioners
positions.

ISSUE: Whether the 1987 Constitution took effect on the date of plebiscite for its
ratification (Feb 2, 1987) or the Feb 11, 1987, the date its ratification proclaimed.

HOLDING: The 1987 Constitution took effect on the date of the plebiscite for its
ratification.

RATIO: Sec 27, Art 18 explicitly states this. Ratification must take effect on the act of
voting by the people, the canvass thereafter is merely a mathematical confirmation
and the proclamation is just an official confirmatory declaration of an act that the
Filipino had done in ratifying the Constitution.