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 of the COMELEC.
Yorac was temporarily placed as his substitute. Brillantes 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 claimed that
the choice of the acting chairman should not be appointed 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:
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. Yorac’s designation is null and unconstitutional.
ISSUE:
Whether or not the designation made by the president violates the constitutional independence of the COMELEC.
HELD:
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. Yorac’s designation is null and unconstitutional.