THELMA P. GAMINDE, petitioner, vs. COMMISSION ON AUDIT and/or Hon. CELSO D. GANGAN, Hon. RAUL C.

FLORES and EMMANUEL M. DALMAN, respondents. DECISION PARDO, J.: The Case The case is a special civil action of certiorari seeking to annul and set aside two decisions of the Commission on Audit ruling that petitioners term of office as Commissioner, Civil Service Commission, to which she was appointed on June 11, 1 !, e"pired on #e$ruar% &', 1 , as set forth in her appointment paper( The Fac s )n June 11, 1 !, the *resident of the *hilippines appointed petitioner Thelma *( +aminde, ad interim, Commissioner, Civil Service Commission( She assumed office on June '', 1 !, after taking an oath of office( )n Septem$er &,, 1 !, the Commission on Appointment, Congress of the *hilippines confirmed the appointment( -e .uote !er"a #$ her appointment paper/ 11 June 1 0adam/ *ursuant to the provisions of e"isting laws, %ou are here$% appointed, ad interim, C)001SS1)234, C1516 S3451C3 C)001SS1)2, %or a er$ e&'#r#n( Fe"r)ar* +, ,---. 7% virtue hereof, %ou ma% .ualif% and enter upon the performance of the duties of the office, furnishing this )ffice and the Civil Service Commission with copies of %our oath of office( 819 :owever, on #e$ruar% ';, 1 <, petitioner sought clarification from the )ffice of the *resident as to the e"pir% date of her term of office( 1n repl% to her re.uest, the Chief *residential 6egal Counsel, in a letter dated April &,, 1 <8'9 opined that petitioners term of office would e"pire on #e$ruar% &', '&&&, not on #e$ruar% &', 1 ( 4el%ing on said advisor% opinion, petitioner remained in office after #e$ruar% &', 1 ( )n #e$ruar% &;, 1 , Chairman Cora=on Alma +( de 6eon, wrote the Commission on Audit re.uesting opinion on whether or not Commissioner Thelma *( +aminde and her co>terminous staff ma% $e paid their salaries notwithstanding the e"piration of their appointments on #e$ruar% &', 1 ( )n #e$ruar% 1<, 1 , the +eneral Counsel, Commission on Audit, issued an opinion that the term of Commissioner +aminde has e"pired on #e$ruar% &', 1 as stated in her appointment conforma$l% with 8!9 the constitutional intent( Conse.uentl%, on 0arch ';, 1 , CSC 4esident Auditor #lovitas ?( #elipe issued notice of disallowance 2o( >&&'>1&1 @ A, disallowing in audit the salaries and emoluments pertaining to petitioner and her co>terminous staff, effective #e$ruar% &', 1 ( 8;9 )n April B, 1 , petitioner appealed the disallowance to the Commission on Audit en banc. )n June 1B, 1 , the Commission on Audit issued Cecision 2o( >& & dismissing petitioners appeal( The Commission on Audit affirmed the propriet% of the disallowance, holding that the issue of petitioners term !

. GAMINDE / COA
of office ma% $e properl% addressed $% mere reference to her appointment paper which set the e"piration date on #e$ruar% &', 1 , and that the Commission is $ereft of power to recogni=e an e"tension of her term, not even with the implied ac.uiescence of the )ffice of the *resident( 8B9 1n time, petitioner moved for reconsiderationD however, on August 1,, 1 denied the motion in Cecision 2o( >1' (8E9 :ence, this petition(8,9 The Iss)e The $asic issue raised is whether the term of office of Att%( Thelma *( +aminde, as Commissioner, Civil Service Commission, to which she was appointed on June 11, 1 !, e"pired on #e$ruar% &', 1 , as stated in the appointment paper, or on #e$ruar% &', '&&&, as claimed $% her( The Co)r 0s R)1#n( The term of office of the Chairman and mem$ers of the Civil Service Commission is prescri$ed in the 1 <, Constitution, as follows/ Section 1 @'A( The Chairman and the Commissioners shall $e appointed $% the *resident with the consent of the Commission on Appointments for a term of seven %ears without reappointment( )f those first appointed, the Chairman shall hold office for seven %ears, a Commissioner for five %ears, and another Commissioner for three %ears, without reappointment( Appointment to an% vacanc% shall $e onl% for the une"pired term of the predecessor( 1n no case shall an% 0em$er $e appointed or designated in a temporar% or acting capacit%(8<9 The 1 ,! Constitution introduced the first s%stem of a regular rotation or c%cle in the mem$ership of the Civil Service Commission( The provision on the 1 ,! Constitution reads/ " " " The Chairman and the Commissioners shall $e appointed $% the *rime 0inister for a term of seven %ears without reappointment( )f the Commissioners first appointed, one shall hold office for seven %ears, another for five %ears, and the third for three %ears( Appointment to an% vacanc% shall $e onl% for the une"pired portion of the term of the predecessor( 8 9 Actuall%, this was a cop% of the Constitutional prescription in the amended 1 !B Constitution of a rotational s%stem for the appointment of the Chairman and mem$ers of the Commission on 3lections( The Constitutional amendment creating an independent Commission on 3lections provides as follows/ Section 1( There shall $e an independent Commission on 3lections composed of a Chairman and two other 0em$ers to $e appointed $% the *resident with the consent of the Commission on Appointments, who shall hold office for a term of nine %ears and ma% not $e reappointed( )f the 0em$ers of the Commission first appointed, one shall hold office for nine %ears, another for si" %ears, and the third for three %ears( The Chairman and the other 0em$ers of the Commission on 3lections ma% $e removed from office onl% $% impeachment in the manner provided in this Constitution(F 81&9 1n 4epu$lic vs( 1mperial,8119 we said that the operation of the rotational plan re.uires two conditions, $oth indispensa$le to its worka$ilit%/ @1A that the terms of the first three @!A Commissioners should start on , the Commission on Audit

a common date, and, @'A that an% vacanc% due to death, resignation or disa$ilit% $efore the e"piration of the term should onl% $e filled onl% for the unexpired balance of the term.81'9 Conse.uentl%, the terms of the first Chairmen and Commissioners of the Constitutional Commissions under the 1 <, Constitution must start on a common date, irrespective of the variations in the dates of appointments and .ualifications of the appointees, in order that the e"piration of the first terms of seven, five and three %ears should lead to the regular recurrence of the two>%ear interval $etween the e"piration of the terms(81!9 Appl%ing the foregoing conditions to the case at $ar, we rule that the appropriate starting point of the terms of office of the first appointees to the Constitutional Commissions under the 1 <, Constitution must $e on #e$ruar% &', 1 <,, the date of the adoption of the 1 <, Constitution( 1n case of a $elated appointment or .ualification, the interval $etween the start of the term and the actual .ualification of the appointee must $e counted against the latter(81;9 1n the law of pu$lic officers, there is a settled distinction $etween term and tenure( 8T9he term of an office must $e distinguished from the tenure of the incum$ent( The term means the time during which the officer ma% claim to hold office as of right, and fi"es the interval after which the several incum$ents shall succeed one another( The tenure represents the term during which the incum$ent actuall% holds the office( The term of office is not affected $% the hold>over( The tenure ma% $e shorter than the term for reasons within or $e%ond the power of the incum$ent( 81B9 1n concluding that #e$ruar% &', 1 <, is the proper starting point of the terms of office of the first appointees to the Constitutional Commissions of a staggered ,>B>! %ear terms, we considered the plain language of Article 1G @7A, Section 1 @'A, Article 1G @CA, Section 1 @'A and Article 1G @CA, Section 1 @'A of the 1 <, Constitution that uniforml% prescri$ed a seven>%ear term of office for 0em$ers of the Constitutional Commissions, without re>appointment, and for the first appointees terms of seven, five and three %ears, without re>appointment( 1n no case shall an% 0em$er $e appointed or designated in a temporar% or acting capacit%( There is no need to e"pressl% state the $eginning of the term of office as this is understood to coincide with the effectivit% of the Constitution upon its ratification @on #e$ruar% &', 1 <,A( )n the other hand, Article G5111, Transitor% *rovisions, 1 <, Constitution provides/ S3C( 1B( The incum$ent 0em$ers of the Civil Service Commission, the Commission on 3lections, and the Commission on Audit shall continue in office for one %ear after the ratification of this Constitution, unless the% are sooner removed for cause or $ecome incapacitated to discharge the duties of their office or appointed to a new term thereunder( 1n no case shall an% 0em$er serve longer than seven %ears including service $efore the ratification of this Constitution( 81E9 -hat the a$ove .uoted Transitor% *rovisions contemplate is tenure not term of the incum$ent Chairmen and 0em$ers of the Civil Service Commission, the Commission on 3lections and the Commission on Audit, who shall continue in office for one %ear after the ratification of this Constitution, unless the% are sooner removed for cause or $ecome incapacitated to discharge the duties of their office or appointed to a new term thereunder( The term unless imports an e"ception to the general rule( 81,9 Clearl%, the transitor% provisions mean that the incum$ent mem$ers of the Constitutional Commissions shall continue in office for one %ear after the ratification of this Constitution under their e"isting appointments at the discretion of the appointing power, who ma% cut short their tenure $%/ @1A their removal from office for causeD @'A their $ecoming incapacitated to discharge the duties of their office, or @!A their appointment to a new term thereunder, all of which events ma% occur $efore the end of the one %ear period after the effectivit% of the Constitution( :owever, the transitor% provisions do not affect the term of office fi"ed in Article 1G, providing for a seven>five>three %ear rotational interval for the first appointees under this Constitution( At the time of the adoption of the 1 <, Constitution, the incum$ent Chairman and mem$ers of the Civil Service Commission were the following/ @1A Chairperson Celerina +( +otladera( She was initiall% appointed as )1C Chairman on 0arch 1 , 1 <E, and appointed chairman on Cecem$er ';, 1 <E, which

she assumed on 0arch 1!, 1 <,( @'A Att%( Cirilo +( 0onteHo( )n June 'B, 1 <E, *resident Cora=on C( A.uino appointed him Commissioner, without an% term( :e assumed office on Jul% , 1 <E, and served until 0arch !1, 1 <,, when he filed a certificate of candidac% for the position of Congressman, ' ndCistrict, 6e%te, there$% vacating his position as Commissioner( :is tenure was automaticall% cut>off $% the filing of his certificate of candidac%( @!A Att%( 0ario C( Iango( )n Januar% '', 1 <B, *resident #erdinand 3( 0arcos appointed him Commissioner for a term e"piring Januar% 'B, 1 &( :e served until #e$ruar% ', 1 <<, when his term ended in virtue of the transitor% provisions referred to( )n 0a% !&, 1 <<, *resident A.uino re>appointed him to a new three>%ear term and served until 0a% !1, 1 1, e"ceeding his lawful term, $ut not e"ceeding the ma"imum of seven %ears, including service $efore the ratification of the 1 <, Constitution( ?nder this factual milieu, it was onl% Commissioner Iango who was e"tended a new term under the 1 <, Constitution( The period consumed $etween the start of the term on #e$ruar% &', 1 <,, and his actual assumption on 0a% !&, 1 <<, due to his $elated appointment, must $e counted against him( +iven the foregoing common starting point, we compute the terms of the first appointees and their successors to the Civil Service Commission under the 1 <, Constitution $% their respective lines, as follows/ #irst line / Chairman J seven>%ear term( #e$ruar% &', 1 <, to #e$ruar% &1, 1 ;( )n Januar% !&, 1 <<, the *resident nominated 0s( *atricia A( Sto( Tomas Chairman, Civil Service Commission( )n 0arch &', 1 <<, the Commission on Appointments confirmed the nomination( She assumed office on 0arch &;, 1 <<( :er term ended on #e$ruar% &', 1 ;( She served as de facto Chairman until 0arch &;, 1 B( )n 0arch &B, 1 B, the *resident appointed then Social -elfare Secretar% Cora=on Alma +( de 6eon, Chairman, Civil Service Commission, to a regular seven>%ear term( This term must $e deemed to start on #e$ruar% &', 1 ;, immediatel% succeeding her predecessor, whose term started on the common date of the terms of office of the first appointees under the 1 <, Constitution( She assumed office on 0arch '', 1 B, for a term e"piring #e$ruar% &', '&&1( This is shown in her appointment paper, .uoted ver$atim as follows/ 0arch B, 1 0adam/ *ursuant to the provisions of Article 511, Section 1E, paragraph ', of the Constitution, %ou are here$% appointed, ad interim, C:A140A2, C1516 S3451C3 C)001SS1)2, for a term e"piring #e$ruar% ', '&&1( 7% virtue hereof, %ou ma% .ualif% and enter upon the performance of the duties of the office, furnishing this )ffice and the Civil Service Commission with copies of %our oath of office( @Sgd(A #1C36 5( 4A0)S Second line / Commissioner J #ive>%ear term( #e$ruar% &', 1 <, to #e$ruar% &', 1 '( )n Januar% !&, 1 <<, the *resident nominated Att%( Samilo 2( 7arlonga% Commissioner, Civil Service Commission( )n #e$ruar% 1,, 1 <<, the Commission on Appointments, Congress of the *hilippines, confirmed the nomination( :e assumed office on 0arch &;, 1 <<( :is term ended on #e$ruar% &', 1 '( :e served as de facto Commissioner until 0arch &;, 1 !( )n June 11, 1 !, the *resident appointed Att%( Thelma *( +aminde Commissioner, Civil Service Commission, for a term e"piring #e$ruar% &', 1 (81<9This terminal date is specified in her appointment paper( )n Septem$er &,, 1 !, the Commission on Appointments confirmed the appointment( She accepted the appointment and assumed office on June '', 1 !( She is $ound $% the term of the appointment she accepted, e"piring #e$ruar% &', 1 ( 1n this connection, the letter dated April &,, 1 <, of Ceput% 3"ecutive Secretar% 4enato C( Corona 81 9 clarif%ing that her term would e"pire on #e$ruar% &', '&&&, was in error( -hat was su$mitted to the Commission on Appointments was a nomination for a term B

e"piring on #e$ruar% &', 1 ( Thus, the term of her successor 8'&9 must $e deemed to start on #e$ruar% &', 1 , and e"pire on #e$ruar% &', '&&E( Third line / Commissioner J Three>%ear term( #e$ruar% &', 1 <, to #e$ruar% &', 1 &( Att%( 0ario C( Iango was incum$ent commissioner at the time of the adoption of the 1 <, Constitution( :is e"tended tenure ended on #e$ruar% &', 1 <<( 1n 0a%, 1 <<, *resident Cora=on C( A.uino appointed him Commissioner, Civil Service Commission to a new three>%ear term thereunder( :e assumed office on 0a% !&, 1 <<( :is term ended on #e$ruar% &', 1 &, $ut served as de facto Commissioner until 0a% !1, 1 1( )n 2ovem$er 'E, 1 1, the *resident nominated Att%( 4amon *( 3reKeta as Commissioner, Civil Service Commission( )n Cecem$er &;, 1 1, the Commission on Appointments confirmed the nomination( :e assumed office on Cecem$er 1', 1 1, for a term e"piring #e$ruar% &', 1 ,( 8'19 Commenda$l%, he voluntaril% retired on #e$ruar% &', 1 ,( )n #e$ruar% &!, 1 ,, *resident #idel 5( 4amos appointed Att%( Jose #( 3restain, Jr( Commissioner, Civil Service Commission, for a term e"piring #e$ruar% &', '&&;( :e assumed office on #e$ruar% 11, 1 ,( Thus, we see the regular interval of vacanc% ever% two @'A %ears, namel%, #e$ruar% &', 1 ;, for the first Chairman,8''9 #e$ruar% &', 1 ', for the first five>%ear term Commissioner, 8'!9 and #e$ruar% &', 1 &, for the first three>%ear term Commissioner( 8';9 Their successors must also maintain the two %ear interval, namel%/ #e$ruar% &', '&&1, for ChairmanD 8'B9 #e$ruar% &', 1 , for Commissioner Thelma *( +aminde, and #e$ruar% &', 1 ,, for Commissioner 4amon *( 3reKeta, Jr( The third $atch of appointees would then $e having terms of office as follows/ #irst line / Chairman, #e$ruar% &', '&&1 to #e$ruar% &', '&&<D 8'E9 Second line/ Commissioner, #e$ruar% &', 1 to #e$ruar% &', '&&ED and, Third line/ Commissioner, #e$ruar% &', 1 , to #e$ruar% &', '&&;,8',9 there$% consistentl% maintaining the two>%ear interval( The line of succession, terms of office and tenure of the Chairman and mem$ers of the Civil Service Commission ma% $e outlined as follows/8'<9
Cha#r$an @,>%ear originalA Sto( Tomas J 1st appointee Ce 6eon J 'nd appointee @incum$entA LLLLLLL > !rd appointee +nd Me$"er @B>%ear originalA 7arlonga% J 1st appointee +aminde J 'nd appointee 5almores J !rd appointee @incum$entA .rd Me$"er @!>%ear originalA Iango > 1st appointee 3reKeta J 'nd appointee 3restain, Jr( J !rd appointee @incum$entA Ter$ Ten)re

#e$( &', 1 <, to 0ar( &;, 1 << to #e$( &', 1 ; 0arch &<, 1 B #e$( &', 1 ; to 0arch '', 1 B to #e$( &', '&&1 #e$( &', '&&1 #e$( &', '&&1 to #e$( &', '&&< Ter$ Ten)re #e$( &', 1 <, to #e$( &', 1 ' #e$( &', 1 ' to #e$( &', 1 #e$( &', 1 to #e$( &', '&&E Ter$ 0arch &;, 1 << to 0arch &;, 1 ! June 11, 1 ! to #e$( &', '&&& Sept( &<, '&&& to #e$( &', '&&E Ten)re

#e$( &', 1 <, to 0a% !&, 1 << to #e$( &', 1 & 0a% !1, 1 1 #e$( &', 1 & to Cec( 1', 1 1 to #e$( &', 1 , #e$( &', 1 , #e$( &', 1 , to #e$( 11, 1 , to #e$( &', '&&; #e$( &', '&&;

The Fa11o

2HEREFORE, we adHudge that the term of office of 0s( Thelma *( +aminde as Commissioner, Civil Service Commission, under an appointment e"tended to her $% *resident #idel 5( 4amos on June 11, 1 !, e"pired on #e$ruar% &', 1 ( :owever, she served as de facto officer in good faith until #e$ruar% &', '&&&, and thus entitled to receive her salar% and other emoluments for actual service rendered( Conse.uentl%, the Commission on Audit erred in disallowing in audit such salar% and other emoluments, including that of her co>terminous staff( ACCORDINGL3, we 43534S3 the decisions of the Commission on Audit insofar as the% disallow the salaries and emoluments of Commissioner Thelma *( +aminde and her coterminous staff during her tenure as de facto officer from #e$ruar% &', 1 , until #e$ruar% &', '&&&( This decision shall $e effective immediatel%( 2o costs( SO ORDERED.