by PNA
Senator Franklin Drilon said on Wednesday that there is no legal basis for Commission on Audit (CoA) chairman Reynaldo Villar to stay because his term already expired last February 2 as confirmed by the Commission on Appointments in 2008.
Drilon said that the certificate of confirmation from the powerful CA dated June 11, 2008 clearly indicates that Villar shall serve as CoA chief until February 2, 2011 only.
Villar was originally appointed by Arroyo as CoA commissioner last February 2, 2004, and he was later named chairman of the agency in April 2008, replacing Guillermo Carague whose term had expired. His appointment was until February 2, 2011.
The debates on the 1987 Constitutional Convention clearly indicate that the appointee to any constitutional body shall in no case serve in an aggregate period of more than seven years. Article IX-D of the 1987 Constitution also prohibits reappointment, Drilon, a former Justice and Executive secretary, pointed out.
Furthermore, the Supreme Court in Nacionalista Party v. Vera in 1949 and in Matibag v. Benipayo in 2002, ruled that the aggregate tenure of an appointee to a constitutional body, such as the Commission on Elections and CoA, cannot exceed the full term of seven years, whether or not such person completes his term of office.
As such, Villar’s term of office as CoA chairman expired last February 2, he cannot serve beyond his term of office even if he had served as chairman for less than three years and he cannot be reappointed to the agency because of the constitutional prohibition, said Drilon, following Villar’s claim that he would serve until 2015.
“Villar served the CoA well. He should not tarnish his record in the agency by unlawfully clinging to his post,†Drilon said.
Contrary to Villar’s claim, Malacanang also said Villar’s term has already expired last February 2. (PNA)
Linkback:
https://tubagbohol.mikeligalig.com/index.php?topic=37833.0
