CASE FACTS ISSUES RULING

Sec 1. Par. 1 of Art. X of the 1935 Constitution provides that: There shall be an independent Commission on Elections composed of a Chairman and two other
The Solicitor General filed this quo warrant
to proceeding against respondents Hon.
Imperial and Hon. Perez, to test the
legality of their continuance in office of as
Chairman and Member, respectively, of
the COMELEC. According to the Solicitor
General, the first Commissioners of
COMELEC were duly appointed and
qualified on July 12, 1945 with the
following terms of office:
Topic:
Hon. Vito, Chairman, for 9 years, expiring
appointment & on July 12, 1954;
term/ Prohibition
on Hon. Enage, Member, for 6 years, expiring
reappointment on July 12, 1951;
Hon. Vera, Member, for 3 years, expiring
on July 12, 1948;
Whether or
not imperial
Upon death of chairman Vito in May 1947,
and perez can
Member Vera was promoted Chairman on
assume office
May 26, 1947.The Solicitor General
legally.
argued that based on the case of NP V.
Republic of the Bautista, the term of office of Vera would
Philippines have expired on July 12, 1954 or the date
when the term of office if the late Vito
vs. would have expired. But Chairman Vera
also died in August, 1951 and the
Hon. Domingo respondent Hon. Imperial was appointed
Imperial, et.al. Chairman to serve for a full term of 9 years
or to expire on July 12, 1960 despite the
theory that he could legally serve as
Chairman only up to July 12. 1954.
Respondent Hon. Perez was appointed
member on Dec. 8, 1949 again for a full
term of 9 years expiring on Nov. 24, 1958.
The solicitor General argued that Hon.
Perez could serve only up to July 12, 1951
or the date when the term of office of
Member Enage who was his predecessor
would have expired.
members to be appointed by the President with the consent of the Commission on Appointments, who shall hold office for a term of nine years and may not be
reappointed. Of the Members of the Commission first appointed, one shall hold office for a term of nine years, another for six years, and the third for three years.
The Chairman and the other Members of the Commission on Elections may be removed from office only by impeachment in the manner provided in this
Constitution.
The provision that of the first 3 Commissioners appointed one shall hold office for nine years, another for 6 years and the third for 3 years when taken together
with the prescribed term of office for 9 years, without reappointment, evidences a deliberate plan to have a regular rotation or cycle in the membership of the
Commission, by having subsequent members appointable only once every 3 years, so that no President can appoint more than one Commissioner, thereby
preserving and safeguarding the independence and impartiality of the Commission as a body. The rotation plan and selection of the fixed term of 9 years for all
subsequent appointees were evidently for the purpose of preserving it from hasty and irreflexive changes.
The operation of the rotational plan requires two conditions, both indispensable to its workability: (1) That the terms of the first 3 Commissioners should start on a
common date; and, (2) That any vacancy due to death, resignation or disability before the expiration of the term should be filled only for the unexpired balance of
the term.
The starting date, however, should be June 21, 1941 since that is the date of the organization of the Constitutional COMELEC under CA 657 (which was
formerly, a purely statutory commission under CA 607), not July 12, 1945 as pointed out by the Solicitor General. Hence, the terms of office of the first
appointees are as follows:
Hon. Vito, Chairman, for 9 years, expiring on June 20, 1950;
Hon. Enage, Member, for 6 years, expiring on June 20 1947.
The first 3-year term expiring on June 20, 1944 was not filled (because Hon. Vera was appointed on July 12, 1945).
Hence, when Hon. Vera was appointed on July 12, 1945, the first 3-year had already expired and so his appointment must be deemed for the full 9 years,
expiring on June 20, 1953.
When Chairman Vito died on May 7, 1947, Commissioner Vera was appointed Chairman. Such appointment could only be for the unexpired period of Veras
term or up to June 20, 1953.
Chairman Veras tenure as Chairman expired on June 20, 1950 and his reappointment was expressly prohibited by the Constitution. The next Chairman was
respondent Hon. Imperial whose terms of 9 years must be deemed to have begun on June 21, 1950, expiring only on June 20, 1959.
As to Perezs case, he succeeded Hon. Enage whose initial 6-year term expired on June 21, 1947. Perez was to serve for a 9-year term which must be deemed
to have started on June 21, 1947, expiring only on June 20, 1956.
Hence, the legal terms of office of the respondents Hon. Imperial and Hon. Perez have not yet expired.
They were trying to discuss whether reappointment is possible. The term before is 9 years. If you are appointed for only 3 years, you can be reappointed for
another 6 years. or if you have been appointed to serve the unexpired term of the incumbent Commissioner who has died or becomes incapacitated or has been
removed, you can be reappointed provided it does not exceed 9 years.
Supreme Court said in those cases that REAPPOINTMENT IS STILL NOT POSSIBLE BECAUSE OF THE SO-CALLED ROTATION PLAN.
THE PURPOSE OF THE ROTATION PLAN IS TO AFFORD THE INDEPENDENCE AND TO PROTECT AND SAFEGUARD THE INDEPENDENCE OF THE
CONSTITUTIONAL COMMISSIONS. THEY ARE PERFORMING EXECUTIVE FUNCTIONS BUT NOT UNDER THE EXECUTIVE BRANCH. They are strictly
independent from the executive.
If theres a vacancy before the expiration of the term- THE APPOINTEES SHALL SERVE ONLY FOR THE UNEXPIRED TERM AND THAT APPOINTEE
CANNOT BE REAPPOINTED. No Member shall be APPOINTED OR DESIGNATED IN A TEMPORARY OR ACTING CAPACITY. This is also traceable to the
independence of the Commission.