The President appointed Dexter I. Ty as Chairperson of the COMELEC on June 14, 2011 for a term of seven (7) years pursuant to the 1987 Constitution. His term of office started on June 2, 2011 to end on June 2, 2018. Subsequently, the President appointed Ms. Marikit as the third member of the COMELEC for a term of seven (7) years starting June 2, 2014 until June 2, 2021. On June 2, 2015, Chairperson Ty retired optionally after having served the government for thirty (30) years. The President then appointed Commissioner Marikit as COMELEC Chairperson. The Commission on Appointments confirmed her appointment. The appointment papers expressly indicate that Marikit will serve as COMELEC Chairperson “until the expiration of the original term of her office as COMELEC Commissioner or on June 2, 2021.” Matalino, a tax payer, files a petition for certiorari before the Supreme Court asserting that the appointment of Marikit as COMELEC Chairperson is unconstitutional for the following reasons: (1) The appointment of Marikit as COMELEC Chairperson constituted a reappointment which is proscribed by Section 1 (2), Article IX of the 1987 Constitution; and (2) the term of office expressly stated in the appointment papers of Marikit likewise contravenes the aforementioned constitutional provision. Will the constitutional challenge succeed? Explain. (4%)
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Yes, the constitutional challenge will succeed in part. Under Section 1(2), Article IX-C of the Constitution, members of Constitutional Commissions serve for seven years without reappointment, and vacancy appointments cover only unexpired terms. In Funa v. Villar, the Supreme
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Quick check
Under Section 1(2), Article IX-C of the 1987 Constitution, what is the term of office for a member of a Constitutional Commission?
Members of Constitutional Commissions serve for a fixed term of seven years without reappointment.
In Funa v. Villar, how did the Supreme Court classify the promotional appointment of an incumbent Commissioner to Chairperson?
The Supreme Court held that promoting an incumbent Commissioner to Chairperson is valid if the officer has not completed a full seven-year term.
What is the maximum period a promoted Commissioner may serve as Chairperson upon filling a vacancy created by an optionally retired Chairperson?
An appointee filling a vacancy in a Constitutional Commission can only serve the unexpired portion of the predecessor's term.
Why does the Constitution mandate a staggered, rotational system for appointments to Constitutional Commissions?
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If Chairperson Ty's term was set to expire on June 2, 2018, until when can promoted Chairperson Marikit constitutionally serve as COMELEC Chairperson?
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1. Promotional Appointment Rule
Under Section 1(2), Article IX-C of the 1987 Constitution, members of Constitutional Commissions serve a seven-year term without reappointment. In Funa v. Villar, the Supreme Court clarified that promoting an incumbent Commissioner to Chairperson during their term is legally permissible and does not constitute a prohibited reappointment, provided the Commissioner has not served a full seven-year term. Because promotion elevates the officer to a distinct constitutional office, it differs from a second appointment to the same position. However, such promotional appointment remains strictly subject to the constitutional limitations governing vacancies and term limits.
2. Unexpired Term Limitation
When a vacancy occurs in a Constitutional Commission, an appointment to fill the vacant position is constitutionally restricted to the unexpired portion of the predecessor's term. In Funa v. Villar, the Supreme Court held that a promoted Commissioner assuming the chairmanship can only serve the remaining duration of the retired Chairperson's term. Fixing the appointee's tenure beyond the predecessor's unexpired term violates Section 1(2), Article IX-C of the Constitution. Adhering to the unexpired term rule prevents terms from exceeding seven years and preserves the constitutional mandate governing commission appointments.
3. Rotational Staggering Scheme
The Constitution intentionally establishes a staggered, rotational system of seven-year terms for Constitutional Commissions, where members' terms expire at regular two-year intervals. This rotational scheme ensures institutional continuity, prevents a single President from appointing all commission members, and maintains independence. Allowing a promoted Chairperson to serve beyond the predecessor's unexpired term disrupts the fixed rotational schedule established by the Constitution. Consequently, any appointment paper or executive act that alters the expiration date of a Chairperson's term beyond the original rotational sequence is unconstitutional and void.