CASE FACTS ISSUES RULING

In December 1989, a coup attempt occurred prompting

Topic: the president to create a fact finding commission which
appointment & would be chaired by Hilario Davide. Consequently he
term/ Prohibition has to vacate his chairmanship over the Commission
on on Elections (COMELEC). Haydee Yorac, an associate
reappointment Yes. Yoracs designation as acting chairman is unconstitutional. The Supreme Court ruled that although all constitutional
commissioner in the COMELEC, was appointed by
commissions are essentially executive in nature, THEY ARE NOT UNDER THE CONTROL OF THE PRESIDENT IN THE
then President Corazon Aquino as a temporary Whether or DISCHARGE OF THEIR FUNCTIONS. The designation made by the president has dubious justification as it was merely
substitute, in short, she was appointed in an acting not the grounded on the quote administrative expediency to present the functions of the COMELEC. Aside from such justification, it
capacity. Sixto Brillantes, Jr. then questioned such designation found no basis on existing rules on statutes. It is the members of the COMELEC who should choose whom to sit temporarily
appointment urging that under Art 10-C of the made by the as acting chairman in the absence of Davide (they normally do that by choosing the most senior member).
Constitution in no case shall any member of the president
COMELEC be appointed or designated in a temporary violates the
or acting capacity. constitutional
Sixto Brillantes, independence
of the But even though the presidents appointment of Yorac as acting president is void, the members of COMELEC can choose to
Jr.
COMELEC. 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.
vs. 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
Haydee Yorac,
members themselves and that the intrusion of the
Acting Chairman
president violates the independence of the COMELEC
of Comelec
as a constitutional commission.