CASE: FUNA VS VILLAR

On February 15, 2001, Pres Arroyo appointed 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. 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

RULING

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

RULING

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, 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.