No legal basis for COA chief to stay in post, says Drilon

MANILA, Philippines - Sen. Franklin Drilon said yesterday that Commission on Audit (COA) chairman Reynaldo Villar has no legal basis to hang on to his post because he had already served an aggregate of seven years.

Drilon scored Villar for claiming that he would serve until 2015 when the Commission on Appointments had confirmed him for a term until Feb. 2, 2011.

Drilon said Villar could not serve beyond his term of office at COA 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.

“Villar served the COA well. He should not tarnish his record in the agency by unlawfully clinging to his post,” Drilon said.

Villar was originally appointed by Arroyo as COA commissioner on Feb. 2, 2004, and he was later named chairman of the agency in April 2008, replacing Guillermo Carague whose term had expired. Villar’s appointment was valid until Feb. 2, 2011.

Drilon, an ally of President Aquino, backed his statement with documents, including the transmittal letter signed by former executive secretary Eduardo Ermita to the chairman and members of the Commission on Appointments dated April 16, 2008; the letter signed by former President Gloria Macapagal-Arroyo addressed to the bicameral body submitting the nomination of Villar dated April 15, 2008; the letter signed by Ermita addressed to Villar transmitting to the latter his nomination paper dated April 16, 2008, Villar’s nomination paper signed by Arroyo dated April 15, 2008; and a certificate of confirmation/consent from the Commission on Appointments dated June 11, 2008 clearly indicate that Villar shall serve as COA chief until Feb. 2, 2011 only.

Drilon also argued that 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, said Drilon, also a former justice and executive secretary during the time of former President Corazon Aquino.

Drilon cited a court precedent in the case of the Supreme Court in Nacionalista Party vs. Vera in 1949 and in Matibag vs. Benipayo in 2002, which 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.