Legally Yours,  Political Law

De Leon v. Esguerra

De Leon v. Esguerra

153 SCRA 602

FACTS:

Alfredo De Leon was elected Barangay Captain in the elections on May 17, 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. Petitioners pray that the memorandum is null and void in accordance with Section 3 of Barangay Election Act of 1982. Petitioner further that with the ratification of the 1987 Constitution, respondent OIC governor no longer has authority to designate successors and replace them.

ISSUE:

Is the dismissal order of De Leon et. Al. by respondent OIC Governor valid?

HELD:

The constitution was ratified in a plebiscite on February 2, 1987. By that date, the Provisional Constitution has been superseded. As such, respondent OIC Governor could no longer rely on Section 2 Article III of said Constitution. The Memoranda was declared to be of no legal force and the writ of prohibition enjoining respondents from proceeding with the take-over was granted.

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