G.R. No. 192791 – 686 Phil. 571 – 670 SCRA 579 – Political Law – Constitutional Law – Constitutional Commissions – Commission on Audit – Appointment – Term and Tenure
In February 2001, Guillermo Carague was appointed as the Chair of the Commission on Audit. His term was to expire in February 2008.
In February 2004, Reynaldo Villar was appointed as a Commissioner of the COA. His term will expire in February 2011.
When Carague’s term expired in 2008, Villar was appointed by the President as the Chair of COA. At that time, Villar already finished four years of his term as COA commissioner.
Dennis Funa questioned the constitutionality of the appointment.
ISSUE: Whether or not the appointment of Commissioner Villar as Chair of COA is constitutional.
HELD: No. Although promotional appointment is not barred by the constitutional per se, it is subject to restrictions. The Supreme Court emphasized the following rules:
1. The appointment of members of any of the three constitutional commissions, after the expiration of the uneven terms of office of the first set of commissioners, shall always be for a fixed term of seven (7) years; an appointment for a lesser period is void and unconstitutional.
The appointing authority cannot validly shorten the full term of seven (7) years in case of the expiration of the term as this will result in the distortion of the rotational system prescribed by the Constitution.
2. Appointments to vacancies resulting from certain causes (death, resignation, disability or impeachment) shall only be for the unexpired portion of the term of the predecessor, but such appointments cannot be less than the unexpired portion as this will likewise disrupt the staggering of terms laid down under Sec. 1(2), Art. IX(D). Atty. Chan’s Note: In belated appointments, the interval between the start of the term and the actual qualification of the appointee must be counted against the latter.
3. Members of the Commission, e.g. COA, COMELEC or CSC, who were appointed for a full term of seven years and who served the entire period, are barred from reappointment to any position in the Commission. Corollary, the first appointees in the Commission under the Constitution are also covered by the prohibition against reappointment.
4. A commissioner who resigns after serving in the Commission for less than seven years is eligible for an appointment to the position of Chairman for the unexpired portion of the term of the departing chairman. Such appointment is not covered by the ban on reappointment, provided that the aggregate period of the length of service as commissioner and the unexpired period of the term of the predecessor will not exceed seven (7) years and provided further that the vacancy in the position of Chairman resulted from death, resignation, disability or removal by impeachment. The Court clarifies that “reappointment” found in Sec. 1(2), Art. IX(D) means a movement to one and the same office (Commissioner to Commissioner or Chairman to Chairman). On the other hand, an appointment involving a movement to a different position or office (Commissioner to Chairman) would constitute a new appointment and, hence, not, in the strict legal sense, a reappointment barred under the Constitution.
5. Any member of the Commission cannot be appointed or designated in a temporary or acting capacity.
Note: Why do the terms of members of the constitutional commissions start and end in February? This is because the 1987 Constitution became effective on 2 February 1987 (date of adoption).
