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The Supreme Court ruled that while Thelma Gaminde's appointment as commissioner of the Civil Service Commission expired on February 2, 1999 as stated, she served as a de facto officer in good faith until February 2, 2000 and is thus entitled to receive her salary and emoluments for the period she actually served. The Court explained that under the Constitution, the terms of the first commissioners of constitutional commissions must start on a common date to establish a regular rotational cycle, regardless of individual appointment dates.
The Supreme Court ruled that while Thelma Gaminde's appointment as commissioner of the Civil Service Commission expired on February 2, 1999 as stated, she served as a de facto officer in good faith until February 2, 2000 and is thus entitled to receive her salary and emoluments for the period she actually served. The Court explained that under the Constitution, the terms of the first commissioners of constitutional commissions must start on a common date to establish a regular rotational cycle, regardless of individual appointment dates.
The Supreme Court ruled that while Thelma Gaminde's appointment as commissioner of the Civil Service Commission expired on February 2, 1999 as stated, she served as a de facto officer in good faith until February 2, 2000 and is thus entitled to receive her salary and emoluments for the period she actually served. The Court explained that under the Constitution, the terms of the first commissioners of constitutional commissions must start on a common date to establish a regular rotational cycle, regardless of individual appointment dates.
FACTS: COA decision that Gamindes term has expired in 1999
Thelma Gaminde was appointed by the President as ad as stated in her appointment interim Commissioner of the Civil Service Commission on CSC Resident Auditor issued a notice of disallowance, June 11, 1993 disallowing in audit the salaries and emoluments of She assumed office on June 22 after taking oath and Gamidne and her co-terminus staff appointment was confirmed by Congress on September 7 Gaminde appealed disallowance In her appointment: for a term expiring February 2, 1999 COA issued decision dismissing appeal term of office Gaminde sought clarification from the Office of the can be properly addressed by mere reference to her President as to when her term of office expires appointment paper In a letter, Chief Presidential Legal Counsel opined that o COA said it does not have power to extend term Gamindes term of office will expire on Febuary 2, 2000 of Gaminde, not even with the implied agreement of not 1999 the Office of the President Gaminde relid on opinion and stayed even after February 2, 1999 On February 4, 1999, Chairman of the CSC, De Leon, wrote the Commission on Audit to ask for their opinion ISSUE: on the expiration of Gamindes term of office and Whether the term of office of Gaminde as Commissioner of whether or not Gaminde and her co-terminus staff may CSC expired on February 2, 1999 as stated in her appointment be paid salaries notwithstanding expiration of paper or on February 2, 2000 as she claims appointments HELD: Gamindes appointment extended to her by President Ramos expired on February 2, 1999, HOWEVER, she terms of seven, five and three years should lead to the served as de facto officer in good faith until February 2, regular recurrence of the 2 year interval between the 2000 thus entitled to receive her salary and other expiration of the terms emoluments for actual services rendered Article XVIII, Section 15. Transitory Provisions of the 1987 The first system of regular rotation or cycle in the Constitution membership of the CSC was first introduced in the 1973 This pertains to TENURE not TERM of the incumbent Constitution members of the CSC, COMELEC and COA This was copied from the 1935 Constitution The transitory provisions mean that the incumbent Operation of the Rotational Plan requires two members of the ConComs shall continue in office for one indispensible conditions: more year after the ratification of the Constitution under 1. That the terms of the first 3 commissioners should their existing appointments and at the discretion of the start on a common date appointing power who may cut short their tenure by: 2. That any vacancy due to death, resignation or 1. Removal from office disability before the expiration of the term should 2. Becoming incapacitated to discharged duties only be filled only for the unexpired term 3. Appointment to a new term The terms of the first Chairmen and Commissioners of All these have to occur before the end of the one year the Constitutional Commissions must start on a period after the effectivity of the Constitution common date, irrespective of the variations in the dates The transitory provisions do not affect the term of the of appointments and qualifications of the appointees, in office fixed in Article IX, which provides for a seven- order that the expiration of the first five-three year rotational interval for the first appointees *The term if fixed if they extend their tenure, the person who will succeed them will start from the end of the term and not from the end of the tenure