Transcript
CMM DIGEST De Leon v Esguerra August 31, 1987 Const itution’s itution’s effectivity: date of plebiscite for ratification/proclamation ratification/proclamation of ratification (Constitutional Law 1)
Petitioner: Petitioner : De Leon, Salamat, Sta Ana, Tolentino, De La Rosa, Resurrection Respondent :Esguerra :Esguerra (OIC Governor Rizal Province), De Leon (OIC Mayor), Magno, Tigas, Lacanienta, Medina, Paz, Tolentino Ponente: 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 appointment&qualificat ion 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): 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of instructions and other executive issuances not inconsistent with this Consti shall remain operative until amended, repealed or revoked.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 Const itution’s 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.
