Constitutional Law/Administrative Law Case Digest Ex-officio; Executive Department; Cabinet
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Dela Llana v. Chairperson COA
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FUNA vs. COA Sheet Music
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:
Feb. 2, 2008 - Villar's 4th year as COA commissioner. He was designated as acting chairman of COA upon Carague's retirement. Villar's ter as acting chair was supposed to be from Feb. 4, 2008 to April 14, 2008. •
June 11, 2008 - The Commission on Appointments confirmed Villar's appointment, and he was to serve as COA Chair until the expiration of term of office as COA commissioner, which is on Feb. 2, 2011. •
Villar, however, insists that he should be given a fresh term of years as COA Chair. Since he was appointed as Chair in 2008, he should be allowed to remain in that position until 2015. •
This case, however, was rendered moot and academic because Villar stepped down from the said position in 2011. Consequently, President Aquino III appointed Ma. Gracia Pulido-Tan as his replacement. Although moo the Court proceeded to decide on the case. Sign up to vote on this title •
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ISSUE: W/N Villar's appointment as COA chairman is valid despite the term
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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 designated in a temporary or acting capacity."
The Court held that Villar's appointment is not valid because he has already served t full 7-year term -- either as Chairman or Commissioner. The intent of the framers is t prevent the president from dominating the Commission and thus, encroach on its independence.
CARPIO - CONCURRING AND DISSENTING
Villar's "promotional" appointment as chairman is prohibited by Constitution since it actually required another appointment by the President to different office, another confirmation by COA, and another oath of office. Whe Villar accepted the appointment as Chairman, he had to resign as Commissio •
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Villar's promotion violates the rule on staggered terms. Unlock full access with a free trial. Download With Free Trial
MENDOZA - CONCURRING AND DISSENTING
It is unfair to an incumbent commissioner who cannot hope to up to voteThis on thisistitle promoted in case of expiration of the term of aSign chairman. what SC Not useful Useful basis. provides in the decision, but this is bereft of constitutional •
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In the case of promotions, the Constitution does not make any
