Gaminde v COA; GR No. 140335; 13 Dec 2000

in Legal Chyme by

On 11 Jun 1993, the President appointed Thelma Gaminde as ad interim Commissioner of the Civil Service Commission for a term expiring 02 Feb 1999. On clarification, Gaminde was told her term of office would expire on 02 Feb 2000. On 24 Mar 1999, CSC resident auditor Flovitas Felipe issued notice disallowing in audit the salaries and emoluments pertaining to Gaminde and her co-terminous staff, effective 02 Feb 1999.

Whether or not the term of office of Atty. Thelma Gaminde as CSC Commissioner expired on 02 Feb 1999.

YES. In Republic v Imperial, it was held that the operation fo the rotational plan requires two conditions, both indispensable to its workability: (1) that the terms of the first three (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 only be filled for the unexpired balance of the term.

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