De Leon v.

Esguerra
153 SCRA 602
FACTS:
Petitioner was elected Barangay Captain of Barangay Dolores, Taytay, Rizal. Petitioner received a
memorandum on February 9, 1987 antedated December 1, 1986 but signed by respondent on February
8, 1987. The memorandum ordered the replacement of the petitioner as Barangay Captain and also
named a successor.
Petitioner prayed that the said memorandum be declared null and void. Petitioners position is that with
the ratification of the 1987 Constitution, respondent no longer has the authority to replace him and
designate a successor.
Respondent claimed that the order was still valid as respondent is still empowered to do so until
February 25, 1987 by virtue of the Provisional Constitution.
ISSUE:
Whether or not the memorandum is valid.
HELD:
No. The 1987 Constitution was ratified in a plebiscite and took effect on February 2, 1987. In
superseding the Provisional Constitution, respondents authority was extinguished.