G.R. No. 140335 – 401 Phil. 77 – Political Law – Constitutional Law – The Constitutional Commissions – Commission on Audit – Term of Office of Commissioners
In June 1993, Thelma Gaminde was appointed as a Commissioner of the Civil Service Commission. Her term was to expire in February 1999.
In February 1998, Gaminde sought for clarification as to the end of her term and the Office of the President informed her that her term will actually expire in February 2000.
In March 1999, the COA issued a notice of disallowance against Gaminde on the ground that she was no longer entitled to receive salary after February 1999 as her term has already expired.
ISSUE: Whether or not Gaminde’s term expired in 1999 or in 2000.
HELD: Her term ended in February 1999. The advice from the Office of the President as to the end of her term was erroneous.
The Supreme Court ruled that the reckoning period of the start of the term of the original members of the constitutional commissions is 2 February 1987 which is the date of the adoption of the 1987 Constitution. If a member of the commission is belatedly appointed, his or her term must still be reckoned to start on 2 February 1987. The relevant Constitutional provision provides:
Par. (2), Sec. 1, Art. IX-B: The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
In this case, the predecessor of Gaminde was appointed in February 1988. Regardless of the belated appointment, his term expired on 2 February 1992. Nevertheless, he held office until March 1993. In June 1993, Gaminde was appointed as the successor. Despite her belated appointment, her term must end in February 1999 even if her actual tenure will not reach seven years.
