DENNIS A. FUNA v. THE CHAIRMAN, COMMISSION ON AUDIT and REYNALDO A.

VILLAR
G.R. No. 192791 April 24, 2012, EN BANC (Velasco, Jr., J.)
FACTS:
On February 15, 2001, President Gloria Macapagal-Arroyo (GMA) appointed Guillermo N.
Carague (Carague) as Chairman of the Commission on Audit (COA) for a term of seven years starting
February 2, 2004 to February 2, 2008. Meanwhile, on February 7, 2004, she appointed Reynaldo A. Villar
(Villar) as a third member of COA for a term of seven years starting from February 2, 2004, to February
2, 2011. Following the retirement of Carague on February 2, 2008 and during the fourth year of Villar as
commissioner, the latter was designated acting chairman of the COA from February 4, 2008 to April 14,
2008. Subsequently, on April 18, 2008 Villar was appointed and nominated as Chairman of the COA. The
Commission on Appointments confirmed his appointment. He was to serve chairman for the unexpired
portion of his term as commissioner or on February 2, 2011. Herein petitioner opposes Villar’s
appointment saying that such appointment is invalid under Sec. 1(2), Art. IX(D) of the 1987 Constitution.
He said that reappointment of any kind within the COA be it for the same position (Commissioner to
Commissioner) or for an upgraded position (Commissioner to Chairman) is a prohibited appointment and
therefore a nullity.

ISSUE:
Whether or not Villar’s appointment is invalid under Sec. 1(2), Art.IX (D) of the 1987
Constitution.

RULING:
No, Villar’s appointment is not prohibited under the Constitution. The Constitutional provision
provides: 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. The provision, on its face, does not prohibit a
promotional appointment from commissioner to chairman as long as the commissioner has not served
the full term of seven years, further qualified by the third sentence of Sec. 1(2), Article IX (D) that the
appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.

In addition, such promotional appointment to the position of Chairman must conform to the
rotational plan or the staggering of terms in the commission membership such that the aggregate of the
service of the Commissioner in said position and the term to which he will be appointed to the position
of Chairman must not exceed seven years so as not to disrupt the rotational system in the commission
prescribed by Sec. 1(2), Art. IX(D). There is nothing in Sec. 1(2), Article IX(D) that explicitly precludes a
promotional appointment from Commissioner to Chairman, provided it is made under the aforestated
circumstances or conditions