Case Digest: Brillantes, Jr. vs. Yorac

G.R. No. 93867                  18 December 1990           Ponente: Cruz, J.

FACTS:

The petitioner is challenging the designation by the President of Associate Commissioner Yorac as Acting Chairman of the COMELEC, in place of Chariman Davide.  The petitioner argues that the choice of the Acting Chairman is an internal matter to the COMELEC.  It is also averred that the designation done by the President of the Philippines violates the independence of the COMELEC.

ISSUE:

Whether the designation done by the President of the Philippines violates Article IX-A, Section 1 of the Constitution.

RULING:

Article IX-A, Section 1 of the Constitution expressly describes all the Constitutional Commissions as “independent.”  Although essentially executive in nature, they are not under the control of the President of the Philippines in the discharge of their respective functions.  Its decisions, orders and rulings are subject only to review on certiorari by the Court as provided by the Constitution in Article IX-A, Section 7.  The choice of temporary chairman in the absence of the regular chairman comes under that discretion.  That discretion cannot be exercised for it, even with its consent, by the President.   The designation by the President of respondent Yorac as Acting Chairman of the COMELEC is declared unconstitutional.