Sixto Brillantes, Jr.

vs Haydee
Yorac
October 26, 2011
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192 SCRA 358 Political Law Constitutional Law Constitutional Commissions

The Commission on Elections COMELECs Constitutional Independence
In December 1989, a coup attempt occurred prompting the president to create a
fact finding commission which would be chaired by Hilario Davide. Consequently
he has to vacate his chairmanship over the Commission on Elections
(COMELEC). Haydee Yorac, an associate commissioner in the COMELEC, was
appointed by then President Corazon Aquino as a temporary substitute, in short,
she was appointed in an acting capacity. Sixto Brillantes, Jr. then questioned
such appointment urging that under Art 10-C of the Constitution in no case
shall any member of the COMELEC be appointed or designated in a temporary or
acting capacity.
Brillantes further argued that the choice of the acting chairman should not come
from the President for such is an internal matter that should be resolved by the
members themselves and that the intrusion of the president violates the
independence of the COMELEC as a constitutional commission.
ISSUE: Whether or not the designation made by the president violates the
constitutional independence of the COMELEC.
HELD: Yes. Yoracs designation as acting chairman is unconstitutional. The
Supreme Court ruled that although all constitutional commissions are essentially
executive in nature, they are not under the control of the president in the
discharge of their functions. The designation made by the president has dubious
justification

as

it

was

merely

grounded

on

the

quote

administrative

expediency to present the functions of the COMELEC. Aside from such

justification, it found no basis on existing rules on statutes. It is the members of
the COMELEC who should choose whom to sit temporarily as acting chairman in

the absence of Davide (they normally do that by choosing the most senior
member).
But even though the presidents appointment of Yorac as acting president is
void, the members of COMELEC can choose to reinstate Yorac as their acting
chairman the point here is that, it is the members who should elect their acting
chairman pursuant to the principle that constitutional commissions are
independent bodies.