REPUBLIC VS.

IMPERIAL
FACTS:

In 1945, the first set of Comelec commissioners were appointed. These were:
1. Lopez Vito, chairman, who shall serve for nine years until 1954
2. Francisco Enage, member, who shall serve for six years until 1951
3. Vicente Vera, member, who shall serve for three years until 1948

that upon the death of Chairman Jose Lopez Vito in May, 1947, Member Vicente de
Vera was promoted Chairman by appointment dated May 26, 1947
in accordance with the ruling of this Court in Nacionalista Party vs. Vera, the term of
office of Chairman De Vera would have expired on July 12, 1954, that is, the date when
the term of office of the first Chairman, Honorable Jose Lopez Vito, would have expired;
Chairman Vicente de Vera died in August, 1951, before the expiration of the maximum
term of nine years (on July 12, 1954) of the first Chairman of the Commission;
on August 11, 1951, the respondent Honorable Domingo Imperial was appointed
Chairman to succeed Honorable Vicente de Vera;
while the appointment of the respondent Honorable Imperial provided that he was to
serve "for a term expiring July 12, 1960", the term for which he could legally serve as
Chairman legally expired on July 12, 1954, that is, the expiration of the nine-year term
for which the first Chairman, Honorable Jose Lopez Vito, was appointed;
respondent Honorable Rodrigo Perez was appointed Member of the Commission on
December 8, 1949, for "a term of nine years expiring on November 24, 1958",
the term of office of respondent Perez legally expired on July 12, 1951, the expiration
of the term of six years for which Commissioner Enage, his predecessor, was appointed
the Solicitor General concludes that the respondents Commissioners Imperial and
Perez have ceased to have any legal or valid title to the positions of Chairman
and Member, respectively, of the Commission on Elections, and that therefore,
their positions should be declared vacant.
The respondents filed separate answer to the petition for quo warranto, and prayed for
the dismissal.
Honorable Domingo Imperial contends that Honorable Jose Lopez Vito was first
appointed as Chairman of the Commission on Elections on May 12, 1941, for a term of
nine years which expired on May 12, 1950
that when Commissioner Lopez Vito was again appointed Chairman on July 12, 1945,
his nine-year, term of office under this second appointment should not be reckoned
from the date thereof, that is, July 12, 1945, but from the date of his first appointment
in 1941, so that the term under his second appointment expired on May 12, 1950
respondent Imperial having been appointed after the expiration of Chairman Lopez
Vito's full term of nine years in 1950, Imperial should serve office for a full term of nine
years, ending only on August 10, 1960.
Respondent Imperial stresses the unconstitutionality of Chairman Lopez Vito's second
appointment to serve up to July 12, 1954, upon the ground that under the Constitution,
Chairman Vito could neither be appointed for more than nine years nor be allowed to
succeed himself.
Honorable Rodrigo Perez, alleges that since Chairman Lopez Vito was the first to be
appointed under the Constitution on May 13, 1941, the terms of office of all the
Commissioners on Election should be reckoned from that date, May 13, 1941, to
maintain the three-year difference between the dates of expiration of their respective
terms as provided for by the Constitution
that the term of office of Member Francisco Enage (his predecessor) should therefore
be considered as having started on May 13, 1941, and since Enage was appointed only
for six years, his term of office expired on May 12, 1947
since respondent Perez was appointed (on December 8, 1949) after Commissioner
Enage's six-year term of office had already expired, he should serve for a full term of
nine years from the expiration of Enage's term of office on May 12, 1947; hence, his
own term of office would expire only on May 12, 1956.

Respondent Perez argues that if the computation of the Solicitor General were to be
followed, that is, that Commissioner Enage's term be counted from July 12, 1945
ending on July 12, 1951, this term would end at a date very close to the expiration of
Commissioner Lopez Vito's term on May 12, 1950, so there would be only a difference
of fourteen months between the expiration of the terms of office of Commissioners
Lopez Vito and Enage, a situation which is contrary to and violative of the Constitution
that prescribes a difference of three years between the dates of the expiration of the
terms of the Members of the Commission.

ISSUE :
WON Imperial and Perez are legally continuing office as Chairman and Member of
Comelec respectively
HELD: Yes
Section 1, paragraph 1, of Article X of the Constitution reads as follows:
SEC. 1. There shall be an independent Commission on Elections composed of a Chairman and
two other 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 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.

That the rotation of the Commissioner's appointments at regular and fixed intervals of
three years was a deliberate plan is shown by the history of the provision, and by
selection of the fixed term of nine years for all subsequent appointees, since no other
term would give such a result.

the operation of the rotational plan requires two conditions, both indispensable to its
workability:
1. All initial appointments should start at the same date and;
2. Vacancies because of death, disability or resignation shall be filled only for
the unexpired term of the successor.
Without satisfying these conditions, the regularity of the intervals between
appointments would bedestroyed, and the evident purpose of the rotation (to prevent
that a four-year administration should appoint more than one permanent and regular
commissioner) would be frustrated.
the general rule is that a public officer's death or other permanent disability creates a
vacancy in the office, so that the successor is entitled to hold for a full term, such rule
is recognized to suffer exception in those cases where the clear intention is to have
vacancies appointments at regular intervals.
the terms of the first three Commissioners should be held to have started at the same
moment, irrespective of the variations in their dates of appointment and qualification,
in order that the expiration of the first terms of nine, six and three years should lead to
the regular recurrence of the three-year intervals between the expiration of the terms.
Otherwise, the fulfillment and success of the carefully devised constitutional scheme
would be made to depend upon the willingness of the appointing power to conform
thereto.
the terms of office of the first appointees under the constitution should be computed
as follows:

Hon. Jose Lopez Vito, Chairman, nine-year term, from June 21, 1941 to June 20, 1950.
Hon. Francisco Enage, Member, six year term, from June 21, 1941 to June 20, 1947.The
first 3 year term, from June 21, 1941 to June 20, 1944, was not filled.