Kua v. Barbers
REITERATIONFacts
The Antecedents: Petitioner Nixon T. Kua was appointed General Manager of the Philippine Tourism Authority (PTA) on November 7, 2000. Subsequently, on November 12, 2002, President Gloria Macapagal-Arroyo appointed respondent Robert Dean S. Barbers to the same position, vice Kua. Kua contended that his six-year term, as provided by law, had not yet expired and that Barbers' appointment was an unlawful usurpation of his office. Procedural History: Contending his position was usurped, Kua filed a Petition for Quo Warranto before the Court of Appeals (CA). The CA dismissed Kua's petition, ruling that his term had expired and Barbers' appointment was valid. Kua moved for reconsideration, which the CA denied. This petition for review on certiorari followed. The Petition: Petitioner Kua seeks review under Rule 45 of the Revised Rules of Court, arguing that his six-year term as PTA General Manager, fixed by Section 23-A of P.D. No. 564 as amended by P.D. No. 1400, had not expired when respondent Barbers was appointed. He contends that Sections 15 and 16 of P.D. No. 564, which govern the terms and vacancies of part-time Board members and mandate serving only the unexpired portion of a predecessor's term, do not apply to the General Manager position. Kua asserts that the General Manager's term should be reckoned from the date of appointment and run for a full six years, independent of any rotational scheme.
Issue(s)
Whether the term of office of petitioner expired on April 5, 2002, and not on November 7, 2006. Whether the rotational scheme of appointments, as laid down in Republic v. Imperial and Gaminde v. Commission on Audit, should apply to the case of petitioner in determining his term of office.
Ruling
The Supreme Court denied the petition and affirmed the decision of the Court of Appeals. The Court held that the term of office of petitioner Nixon T. Kua expired on April 5, 2002, and that respondent Robert Dean S. Barbers was validly appointed to the vacant position.
Ratio Decidendi
On the expiration of petitioner's term of office: The Court affirmed the Court of Appeals' finding that petitioner's term expired on April 5, 2002. The Court reasoned that Presidential Decree No. 1400, which added Section 23-A to P.D. No. 564, fixing the General Manager's term at six years, should be read in conjunction with P.D. No. 564. Sections 15 and 16 of P.D. No. 564, concerning terms of office and vacancies, were found to apply to all members of the Board, including the General Manager, based on the generic language used in Sections 17 to 21 of the same decree. The Court traced the history of appointments and determined that the first permanent appointment to the PTA General Manager position was on April 6, 1990, making the first six-year term end on April 5, 1996. Angelito T. Banayo was appointed on June 30, 1998, for a term that was to be reckoned from April 6, 1996, and thus expired on April 5, 2002. Petitioner Kua was appointed on November 7, 2000, to fill the unexpired portion of Banayo's term, which ended on April 5, 2002. Therefore, the position became vacant on April 6, 2002, and petitioner's continued stay was merely as a hold-over. On the applicability of the rotational scheme: The Court held that the rotational scheme, as established in Republic v. Imperial and Gaminde v. Commission on Audit, is applicable to the PTA General Manager. The Court explained that P.D. No. 1400 amended P.D. No. 564 by adding Section 23-A, which fixed the General Manager's term at six years. However, this amendment did not isolate the General Manager's position from the provisions governing the Board's membership and terms, particularly Section 16 regarding vacancies. The Court applied the doctrine of noscitur a sociis, stating that the meaning of "any member" in Section 16 should be understood in the context of the entire decree, which treats all members of the Board generically in terms of per diems, quorum, removal for cause, and meetings. Therefore, when a vacancy occurs before the expiration of a predecessor's term, the successor, including the General Manager, serves only for the unexpired portion of that term. The Court found that petitioner's appointment was to fill the unexpired portion of Banayo's term, which ended on April 5, 2002, thus validating respondent Barbers' subsequent appointment.
Main Doctrine
The provisions of Presidential Decree No. 1400, particularly Section 2 thereof which added Section 23-A, should be considered as part and parcel of Presidential Decree No. 564 as if it had always been contained in the latter at the time it took effect. Sections 15 and 16 of P.D. No. 564, which deal with terms of office and vacancies, should be construed in relation to Section 23-A, applying the principle of noscitur a sociis, to include the General Manager of the Philippine Tourism Authority (PTA).