Title
Funa vs. Villar
Case
G.R. No. 192791
Decision Date
Apr 24, 2012
Petition challenged Villar's COA Chair appointment, arguing term limit violation; Court ruled valid but limited to unexpired term.

Case Digest (G.R. No. 192791)
Expanded Legal Reasoning Model

Facts:

  • Initial Composition of the COA
    • On February 2, 2001, Guillermo N. Carague was appointed COA Chairman for a fixed seven-year term (to February 2, 2008).
    • On February 2, 2004, President Macapagal-Arroyo appointed Reynaldo A. Villar as the third COA Commissioner for seven years (to February 2, 2011).
  • Villar’s Acting Chairmanship and Promotion
    • Upon Carague’s term expiration, Villar served as Acting Chairman from February 4, 2008 to April 14, 2008.
    • On April 18, 2008, Villar was formally appointed COA Chairman (confirmed June 11, 2008) allegedly to serve until February 2, 2011 (end of his commissioner term) but he claimed a fresh seven-year term to 2015.
  • Subsequent Appointments
    • Evelyn R. San Buenaventura was appointed COA Commissioner on January 5, 2010 to fill the unexpired term of Villar as Commissioner (to February 2, 2011).
    • Villar signified his intention to vacate upon naming of his successor; he stepped down in early 2011 when Ma. Gracia Pulido-Tan was appointed COA Chairman by President Aquino.
  • Procedural Posture
    • Dennis A. B. Funa filed a Petition for Certiorari and Prohibition under Rule 65 questioning the constitutionality of Villar’s chairmanship.
    • The Court found the case moot by Villar’s resignation but invoked exceptions to mootness (grave constitutional question, public interest, need for guiding principles, and repetition-yet-evading review).

Issues:

  • Justiciability
    • Is the petition barred as moot and academic, and did petitioner have standing?
    • Are there exceptions permitting the Court to decide despite mootness?
  • Substantive Constitutional Question
    • Does Section 1(2), Article IX-D of the 1987 Constitution — “appointed … for a term of seven years without reappointment” — prohibit a promotional appointment from Commissioner to Chairman?
    • If promotional appointment is permissible, what is the maximum permissible term?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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