BRILLIANTES vs YORAC

192 scra 358

FACTS: The petitioner is challenging the designation by the President of Associate Commissioned Yorac as Acting Chairman of the COMELEC, in place of Chairman Davide. The petitioner argues that the choice of the Acting Chairman is an internal matter to the OMELEC. It is also averred that the designation done by the President of the Philippines violates that independence of the COMELEC. ISSUE: WON the designation done by the President of the Philippines violates the 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 function. Its designs, 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 exercises 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.