G.R. No. L-8684 March 31, 1955
REPUBLIC OF THE PHILIPPINES, petitioner, vs. HONORABLE DOMINGO IMPERIAL and HONORABLE RODRIGO D. PEREZ, respondents.

FACTS

This is a quo warranto proceeding filed by the Solicitor General against Domingo Imperial and Rodrigo Perez, Chairman and Member, respectively, of the Commission on Elections, to test the legality of their continuance in office. The Solicitor General argued that the first commissioners were appointed on July 12, 1945, with terms: Jose Lopez Vito (Chairman) for 9 years expiring July 12, 1954; Francisco Enage (Member) for 6 years expiring July 12, 1951; and Vicente Vera (Member) for 3 years expiring July 12, 1948. Upon Lopez Vito’s death in May 1947, Vera was promoted to Chairman. Following previous Court rulings, Vera’s term as Chairman would expire on July 12, 1954. Vera died in August 1951. Respondent Imperial was appointed Chairman on August 11, 1951, with a term stated to expire July 12, 1960, but the Solicitor General contended his legal term expired on July 12, 1954. Respondent Perez was appointed Member on December 8, 1949, for a term stated to expire November 24, 1958, vice Enage. The Solicitor General argued Perez’s legal term expired on July 12, 1951. Thus, the petitioner sought to declare the positions vacant.
Respondent Imperial defended that Lopez Vito was first appointed Chairman on May 12, 1941, for a 9-year term expiring May 12, 1950, and his 1945 appointment should be reckoned from 1941, making his term expire in 1950. Since Imperial was appointed after that expiration, he should serve a full 9-year term ending August 10, 1960. Respondent Perez alleged that since Lopez Vito was first appointed on May 13, 1941, all terms should be reckoned from that date to maintain the three-year difference between expirations as required by the Constitution. Thus, Enage’s 6-year term expired May 12, 1947, and Perez, appointed after that expiration, should serve a full 9-year term from May 12, 1947, expiring May 12, 1956.

ISSUE

The primary issue is the correct computation of the terms of office of the Chairman and Members of the Commission on Elections under the Constitution, specifically to determine whether the respondents’ legal terms have expired.

RULING

The Supreme Court dismissed the petition for quo warranto. The Court held that the constitutional provision for the Commission on Elections evidences a deliberate plan for a regular rotation or cycle in membership, with appointments every three years to preserve the Commission’s independence and impartiality. This rotational plan requires two conditions: (1) the terms of the first three commissioners must start on a common date, and (2) any vacancy due to death, resignation, or disability before term expiration must be filled only for the unexpired balance to maintain the regularity of intervals.
Applying these principles, the Court computed the terms from the operative date of the constitutional amendment (December 2, 1940) or the enactment of Commonwealth Act No. 607 , establishing a common starting point. The Court determined the legal terms as follows: Jose Lopez Vito’s 9-year term from June 21, 1941, to June 20, 1950; Francisco Enage’s 6-year term from June 21, 1941, to June 20, 1947; the first 3-year term (unfilled) from June 21, 1941, to June 20, 1944; Vicente de Vera’s appointment on July 12, 1945, was for a full 9-year term from June 21, 1944, to June 20, 1953.
For the vacancies: Upon Enage’s term expiration on June 20, 1947, his successor Rodrigo Perez’s 9-year term started June 21, 1947, expiring June 20, 1956. Upon Lopez Vito’s death in 1947, Vicente de Vera succeeded him as Chairman only for the unexpired balance of Lopez Vito’s term until June 20, 1950. Leopoldo Rovira, appointed to fill Vera’s vacated membership, could only serve the balance of Vera’s term until June 20, 1953. Upon the expiration of Vera’s term as Chairman on June 20, 1950, Domingo Imperial’s 9-year term as Chairman started June 21, 1950, expiring June 20, 1959. The vacancy from Rovira’s term expiration on June 20, 1953, remained unfilled, and his successor’s 9-year term would run from June 21, 1953, to June 20, 1962.
Therefore, the legal terms of office of respondents Perez and Imperial had not expired at the time of the petition.