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MANILA, Philippines - The Supreme Court has declared as unconstitutional former President Gloria Macapagal-Arroyo's appointment of Reynaldo Villar as chairman of the Commission on Audit (COA) in 2008.
In a 30-page decision penned by Justice Presbitero Velasco Jr., the SC en banc held that Villar’s appointment violated Section 1(2), Article 9(D) of the Constitution.
"The Chairman and Commissioners [on Audit] shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment….Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor," the High Court said.
"[T]hen President Macapagal-Arroyo could not have had, under any circumstance, validly appointed Villar as COA Chairman, for a full seven-year appointment, as the Constitution decrees, was not legally feasible in light of the seven-year aggregate rule. Villar had already served four years of his seven-year term as COA Commissioner.
"To recapitulate, a COA Commissioner like respondent Villar who serves for a period less than seven years cannot be appointed as chairman when such position became vacant as a result of the expiration of the seven-year term of the predecessor (Carague). Such appointment to a full term is not valid and constitutional, as the appointee will be allowed to serve more than seven years under the constitutional ban," the Court maintained.
On February 15, 2001, Mrs. Arroyo appointed Carague as COA head for a term of seven years, pursuant to the 1987 Constitution.
On February 7, 2004, Arroyo appointed Villar as third COA member for a seven-year term starting February 2, 2004 until February 2, 2011.
Following Carague’s retirement in 2008, Villar was designated as acting COA chairman and on the same year was nominated and appointed COA head.
Villar, whose appointment was confirmed by the Commission on Appointments on June 11, 2008, was to serve as COA Chair, 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.
However, Villar raised the matter to the High Court, arguing that his term of office as COA Chair should be up to February 2, 2015, or seven years reckoned from February 2, 2008 when he was appointed to the position.
While his petition in the Court was still pending, Villar wrote President Benigno Aquino III on February 22, 2011 signifying his intention to step down from office upon the appointment of his replacement, Ma. Gracia Pulido-Tan.
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