UP LAW BGC EVE 2

Case name Dennis A.B. Fauna, petitioner, vs The Chairman, Commission on Audit, Reynaldo A. Villar, respondents

GR No|Date G.R. No. 192791 | April 24, 2012

Topic Power of Appointment

Ponente Velasco, Jr., J.

Doctrine A commissioner who resigned before serving his 7- year term can be extended an appointment to the position of chairman for the unexpired
period of the term of the latter, provided the aggregate of the period he served as commissioner and the period he will serve as chairman will
not exceed seven (7) years.

Facts
● February 15, 2001 – President Arroyo appointed Guillermo Carague as Chairman of the COA for a term of 7
years. Carague’s term of office started on February 2, 2001 to end on February 2, 2008.
● February 7, 2004 – Reynaldo Villar was appointed as a Commissioner of the COA for a term of 7 years starting
February 2, 2004 until February 2, 2011
● Following the retirement of Carague on February 2, 2008 and during the fourth year of Villar as COA
Commissioner, Villar was designated as Acting Chairman of COA from February 4, 2008 to April 14, 2008.
● April 18,2008 - Villar was nominated and appointed as Chairman of the COA.
● Dennis Funa challenges the constitutionality of the appointment of Villar as Chairman of the COA, claiming that
it violates Sec. 1 (2), Art. IX(D) of the Constitution.
● Villar, on the other hand, insists that his appointment as COA Chairman accorded him a fresh term of seven (7)
years. He argues that 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
● Before the Supreme Court could decide the case, Villar, via a letter dated February 22, 2011 addressed to
President Benigno S. Aquino III, signified his intention to step down from office upon the appointment of his
replacement.
● True to his word, Villar vacated his position when President Aquino named Ma. Gracia Pulido-Tan (Chairman
Tan) COA Chairman. This development has rendered this petition moot and academic.

Ratio
Decidendi

Whether or not Villar’s appointment as COA Chairman, after having served for four years as COA commissioner
is valid despite the term limitations imposed by Sec. 1 (2), Article IX (D) of the Constitution?
NO. It is not valid because the reason for the vacancy was the expiration of the 7-year term of the predecessor. It would
have been valid if the reason was death, resignation, disability or impeachment. A commissioner who resigned before
serving his 7- year term can be extended an appointment to the position of chairman for the unexpired period of the term
of the latter, provided the aggregate of the period he served as commissioner and the period he will serve as chairman will
not exceed seven (7) years. This situation will only obtain when the chairman leaves the office by reason of death,
disability, resignation or impeachment. Here, the vacancy in the position of COA chairman left by Carague in February 2,
2008 resulted from the expiration of his 7-year term. Under that circumstance, there can be no unexpired portion of the
term of the predecessor to speak of. Hence, in light of the 7-year aggregate rule, Villar’s appointment to a full term is not
valid as he will be allowed to serve more than seven 7 years under the constitutional ban. Villar had already served 4 years
of his 7-year term as COA Commissioner. A shorter term, however, to comply with the 7-year aggregate rule would also
be invalid as the corresponding appointment would effectively breach the clear purpose of the Constitution of giving to
every appointee so appointed subsequent to the first set of commissioners, a fixed term of office of 7 years.
 Ruling
Wherefore, the 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.