Sixto S. Brillantes, Jr vs. Haydee B.

Yorac
G.R. No. 93867
December 18, 1990
Facts:
In place of Chairman of the Commission on Elections Hilario B. Davide, the
respondent Associate Commissioner Haydee B. Yorac was the Acting Chairman since
Davide was named chairman of the fact-finding commission to investigate the coup
d etat attempt. The petitioner challenged the designation of the respondent by the
President of the Philippines. The petitioner contends that the designation is an
internal matter which the members of the Commission on Elections are the one who
will determine and that the President violated their independence for designating
the respondent.
Issue:
Whether the designation by the President of the Philippines of Haydee B. Yorac as
Acting Chairman of the Commission on Elections is unconstitutional.
Held:
Yes. The court held that the designation by the President of the Philippines of
Haydee B. Yorac as Acting Chairman of the Commission on Elections is
unconstitutional.
Article IX-A, Section 1 of the Constitution expressly describes all the Constitutional
Commission as independent. The Constitutional Commission may be executive in
nature but they are not under the Presidents control in the discharge of their
respective functions and they conduct their own proceedings under the applicable
laws with its own rules and exercising its own discretion. Article IX-A, Section 7 if the
Constitution provides that the decisions, orders and rulings are subject to review on
certiorari by the court.
The discretion in the absence of the regular chairman, the choice of a temporary
chairman even with its consent, cannot be exercised by the President of the
Philippines. The designation can be withdrawn by the President of the Philippines
any time and for any reason the President sees fit. The designation could have
been handled by the members themselves. The designation was conflict to the
Constitution. The Constitution provides for safeguard to the Commission on
Elections foremost is the security of tenure of its members. The guaranty is not
available to the respondent.