Funa v Villar

Facts:

On February 15, 2001, Pres Arroyo appointed Carague as Chairman of the COA for a
term of 7 years. Caragues term of office started on February 2, 2001 to end on February
2, 2008. On February 7, 2004, Villar was appointed as the third member 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. Subsequently, on April 18, 2008, Villar was
nominated and appointed as Chairman of the COA. Shortly thereafter, the Commission
on Appointments confirmed his appointment. 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.

Issue 1: W/N a promotional appointment from the position of Commissioner to

Chairman is constitutionally permissible and does NOT constitute reappointment as
barred by the Article IX (D), Sec 1 (2) of the Constitution

Yes. 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. Such appointment is not covered by the ban on
reappointment, provided that the aggregate period of the length of service as
commissioner and the unexpired period of the term of the predecessor will not exceed 7
years and provided further that the vacancy in the position of Chairman resulted from
death, resignation, disability or removal by impeachment.

Reappointment found in Sec. 1(2), Art. IX(D) means a movement to one and the same
office (Commissioner to Commissioner or Chairman to Chairman). On the other hand, an
appointment involving a movement to a different position or office (Commissioner to
Chairman) would constitute a new appointment and, hence, not, in the strict legal sense, a
reappointment barred under the Constitution.

Issue 2: W/N the appointment of Villar to the position of COA Chairman which is
made vacant by the expiration of term of the predecessor is valid

No. The Constitution clearly provides that if the vacancy results from the expiration of
the term of the predecessor, the appointment of a COA member shall be for a fixed 7-
year term.

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, Villars 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.