COA
G.R. No. 192791 (2012)
Ponente: Velasco, Jr.
FACTS:
Reynaldo Villar was appointed as chairman of COA. Funa, in turn, questioned the
constitutionality of the appointment. The events are as follows:
ISSUE: W/N Villar's appointment as COA chairman is valid despite the term
limitations imposed in Section 1(2), Article IX-D
HELD:
The provision provides that "The Chairman and Commissioners shall be appointed by
the President with the consent of the Commission on Appointments for a term of 7
years without reappointment. Of those first appointed, the Chairman shall hold office
for 7 years, one commissioner for 5 years, and the other commissioner for 3 years,
without reappointment. Appointment to any vacancy shall be only for the unexpired
portion of the term of the predecessor. In no case shall any member be appointed or
designated in a temporary or acting capacity."
The Court held that Villar's appointment is not valid because he has already served the
full 7-year term -- either as Chairman or Commissioner. The intent of the framers is to
prevent the president from dominating the Commission and thus, encroach on its
independence.