Funa v. COA Consti Digest

Funa v.
COA Chair
GR No. 192791, April 24, 2012
Velasco, J. / kmd
SUBJECT MATTER: Powers and Functions of the President; Power of Appointment
CASE SUMMARY:
In this case, after Carague (former COA chairman) finished his 7-year term, the respondent was appointed
as COA Chairman while serving his fourth year as commissioner. However, he was to serve for 3 years
only, the unexpired portion of Villars 7-year term of office. Villar insists that his appointment accorded
him a fresh 7-year term and should serve full 7 years as chairman instead of 3 years. The SC ruled that
while his appointment is not a reappointment, it is still unconstitutional, as the president does not have the
power to extend a promotional appointment for more or less than 7 years. It is also not possible for Villar
to serve the full 7-year term as he has already served 4 years as commissioner.
DOCTRINES:
Sec. 1 (2), Art. IX(D) of the Constitution:
The Chairman and Commissioners [on Audit] 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, one commissioner for five years, and the other
commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor. In no case shall any member be appointed or designated
in a temporary or acting capacity.
Jurisprudence tells us that the word reappointment means a second appointment to one and the same
office; Necessarily, a movement to a different position within the commission (from Commissioner to
Chairman) would constitute an appointment, or a second appointment, to be precise, but not
reappointment.
Where the Constitution or, for that matter, a statute, has fixed the term of office of a public official, the
appointing authority is without authority to specify in the appointment a term shorter or longer than what
the law providesif the vacancy calls for a full sevenyear appointment, the President is without
discretion to extend a promotional appointment for more or for less than seven (7) years.
The explicit command of the Constitution is that the Chairman and the Commissioners shall be
appointed by the President xxx for a term of seven years [and] appointment to any vacancy shall be only
for the unexpired portion of the term of the predecessor.
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
FACTS:
This is a petition for Certiorari and Prohibition filed by Dennis A. B. Funa challenging the
constitutionality of the appointment of Reynaldo A. Villar as Chairman of the Commission on Audit.
On February 15, 2001, President Gloria Macapagal Arroyo appointed Guillermo N. Carague as
Chairman of the Commission on Audit (COA) for a term of seven (7) years, pursuant to the 1987
Constitution. Caragues term of office started on February 2, 2001 to end on February 2, 2008.
Meanwhile, on February 7, 2004, President Macapagal Arroyo appointed Reynaldo A. Villar as the
third member of the COA for a term of seven (7) years starting February 2, 2004 until February 2,
2011.
Following Caragues retirement on February 2, 2008 and during the fourth year of Villar as COA
Commissioner, Villar was appointed as COA Chairman on April 18, 2008.
He was to serve as Chairman of COA, as expressly indicated in the appointment papers, until the
expiration of the original term of his office as COA Commissioner or on February 2, 2011.
Villar insists that his appointment as COA Chairman accorded him a fresh term of seven (7) years
which is yet to lapse. His term of office as chairman is up to February 2, 2015 or 7 years reckoned
from February 2, 2008 when he was appointed to that position.
ISSUE/S:
WON whether the assailed appointment of respondent Villar as COA Chairman is unconstitutional. (YES)
HOLDING:
Yes, the appointment of Villar as COA Chairman is unconstitutional because according to Sec. 1 (2), Art.
IX(D) of the Constitution, The Chairman and Commissioners [on Audit] 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, one commissioner
for five years, and the other commissioner for three years, without reappointment. Appointment to any
vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any
member be appointed or designated in a temporary or acting capacity.
The appointment of Villar, from Commissioner to Chairman, was not a reappointment. Jurisprudence tells
us that the word reappointment means a second appointment to one and the same office. Necessarily, a
movement to a different position within the commission (from Commissioner to Chairman) would
constitute an appointment, or a second appointment, to be precise, but not reappointment.
However, the vacancy in the position of COA chairman when Carague stepped down in February 2, 2008
resulted from the expiration of his 7year term. Therefore there in no unexpired portion of the Caragues
term. Thus the next appointed COA chairman should serve a 7-year term. However, in this case, Villar
has already served four years as commissioner, serving as COA chairman for full 7-year term as
COA chairman would unduly extend his term beyond the 7 years fixed by the constitution. Where
the Constitution or, for that matter, a statute, has fixed the term of office of a public official, the
appointing authority is without authority to specify in the appointment a term shorter or longer than what
the law providesif the vacancy calls for a full sevenyear appointment, the President is without
discretion to extend a promotional appointment for more or for less than seven (7) years. The
explicit command of the Constitution is that the Chairman and the Commissioners shall be appointed by
the President for a term of seven years and appointment to any vacancy shall be only for the unexpired
portion of the term of the predecessor.
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
terms of office and appointments had already expired.
Petition is PARTLY GRANTED. The appointment of then Commissioner Reynaldo A. Villar to the
position of Chairman of the Commission on Audit to replace Guillermo N. Carague, whose term of
office as such chairman has expired, is hereby declared UNCONSTITUTIONAL for violation of
Sec. 1(2), Art. IX(D) of the Constitution.

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