G.R. No. 140335 - Gaminde vs. Commission on Audit

On June 11, 1993, Thelma P. Gaminde was appointed ad interim as Commissioner of the Civil Service Commission (CSC) by the President of the Philippines.
She assumed office on June 22, 1993, after taking her oath of office.
The Commission on Appointments confirmed her appointment on September 7, 1993.
Her appointment paper explicitly stated her term would expire on February 2, 1999.

On February 24, 1998, petitioner requested clarification from the Office of the President regarding the expiration of her term.
On April 7, 1998, the Chief Presidential Legal Counsel issued a letter clarifying that her term would expire on February 2, 2000, not February 2, 1999.
Relying on this advisory, Gaminde remained in office after February 2, 1999.

On February 4, 1999, CSC Chairman Corazon Alma G. de Leon sought COA’s opinion on salary disbursements beyond February 2, 1999.
On February 18, 1999, the COA General Counsel opined that Gaminde’s term expired on February 2, 1999 as per appointment paper and constitutional intent.
On March 24, 1999, the CSC Resident Auditor issued Notice of Disallowance No. 99-002-101(99), disallowing salaries and emoluments for Gaminde and her co-terminous staff effective February 2, 1999.
Gaminde appealed to the COA en banc on April 5, 1999.
On June 15, 1999, COA Decision No. 99-090 dismissed the appeal and affirmed the disallowance, holding that the term must be determined by the appointment paper and COA lacked authority to recognize any term extension.
On August 17, 1999, COA denied Gaminde’s motion for reconsideration in Decision No. 99-129.

The 1987 Constitution, Article IX-B, Section 1(2), prescribes a seven-year term for the Chairman and Commissioners of the CSC without reappointment, with staggered initial terms of seven, five, and three years.
The 1973 and 1935 Constitutions had similar provisions regarding staggered terms and appointments for constitutional bodies.
The Supreme Court in Republic vs. Imperial established conditions for rotational plans: terms of first commissioners must start on a common date, and any vacancy must be filled only for the unexpired term.

The Court ruled the starting point for first commission appointees' terms is February 2, 1987—the date the 1987 Constitution was ratified.
To maintain staggered rotation, terms run from that date regardless of actual appointment or assumption dates.
The “transitory provisions” allow incumbent commissioners to hold over for one year after ratification but do not affect the fixed constitutional terms.
Applying this, the term of Commissioner Gaminde, appointed in 1993, would expire on February 2, 1999, per the original appointment paper.

Petitioner contended her term expired February 2, 2000, relying on the April 7, 1998 advisory.
COA contended it expired on February 2, 1999, consistent with appointment paper and constitutional intent.

Whether the term of office of Atty. Thelma P. Gaminde as CSC Commissioner, appointed June 11, 1993, expired on February 2, 1999, as stated in her appointment paper, or on February 2, 2000, as later claimed by her.

Whether COA erred in disallowing salaries and emoluments given to Gaminde and her co-terminous staff for the period after February 2, 1999.