EN BANC [G.R. No. 93867 : December 18, 1990.] 192 SCRA 358 SI !" S. BRI##AN!ES, $R., Petitioner, vs.

%A&DEE B. &"RAC, '( )er c*+*c',- *. AC!ING C%AIR/ERS"N o0 ,)e C"11ISSI"N "N E#EC!I"NS, Respondent. DECISI"N CR23, J.: The petitioner is challenging the designation by the President of the Philippines of Associate Commissioner Haydee B. Yorac as Acting Chairman of the Commission on Elections, in place of Chairman Hilario B. Davide, ho had been named chairman of the fact!finding commission to investigate the December "#$# co%p d& etat attempt. The '%alifications of the respondent are conceded by the petitioner and are not in iss%e in this case. (hat is the po er of the President of the Philippines to ma)e the challenged designation in vie of the stat%s of the Commission on Elections as an independent constit%tional body and the specific provision of Article *+!C, ,ection "-./ of the Constit%tion that 0-*/n no case shall any 1ember -of the Commission on Elections/ be appointed or designated in a temporary or acting capacity.0 The petitioner invo)es the case of 2acionalista Party v. Ba%tista, $3 Phil. "4", here President Elpidio 5%irino designated the ,olicitor 6eneral as acting member of the Commission on Elections and the Co%rt revo)ed the designation as contrary to the Constit%tion. *t is also alleged that the respondent is not even the senior member of the Commission on Elections, being o%tran)ed by Associate Commissioner Alfredo E. Ab%eg, 7r.
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The petitioner contends that the choice of the Acting Chairman of the Commission on Elections is an internal matter that sho%ld be resolved by the members themselves and that the intr%sion of the President of the Philippines violates their independence. He cites the practice in this Co%rt, here the senior Associate 7%stice serves as Acting Chief 7%stice in the absence of the Chief 7%stice. 2o designation from the President of the Philippines is necessary. *n his Comment, the ,olicitor 6eneral arg%es that no s%ch designation is necessary in the case of the ,%preme Co%rt beca%se the temporary s%ccession cited is provided for in ,ection ". of the 7%diciary Act of "#9$. A similar r%le is fo%nd in ,ection 3 of BP ".# for the Co%rt of Appeals. There is no s%ch arrangement, ho ever, in the case of the Commission on Elections. The designation made by the President of the Philippines sho%ld therefore be s%stained for reasons of 0administrative e:pediency,0 to prevent disr%ption of the f%nctions of the C;1E<EC. E:pediency is a d%bio%s =%stification. *t may also be an overstatement to s%ggest that the operations of the Commission on Elections o%ld have been dist%rbed or stalemated if the President of the Philippines had not stepped in and designated an Acting Chairman. There did not seem to be any s%ch problem. *n any event, even ass%ming that diffic%lty, e do not agree that 0only the President -co%ld/ act to fill the hiat%s,0 as the ,olicitor 6eneral maintains.

Article *+!A, ,ection ", of the Constit%tion e:pressly describes all the Constit%tional Commissions as 0independent.0 Altho%gh essentially e:ec%tive in nat%re, they are not %nder the control of the President of the Philippines in the discharge of their respective f%nctions. Each of these Commissions cond%cts its o n proceedings %nder the applicable la s and its o n r%les and in the e:ercise of its o n discretion. *ts decisions, orders and r%lings are s%b=ect only to revie on Certiorari by this Co%rt as provided by the Constit%tion in Article *+!A, ,ection >. The choice of a temporary chairman in the absence of the reg%lar chairman comes %nder that discretion. That discretion cannot be e:ercised for it, even ith its consent, by the President of the Philippines. A designation as Acting Chairman is by its very terms essentially temporary and therefore revocable at ill. 2o ca%se need be established to =%stify its revocation. Ass%ming its validity, the designation of the respondent as Acting Chairman of the Commission on Elections may be ithdra n by the President of the Philippines at any time and for hatever reason she sees fit. *t is do%btf%l if the respondent, having accepted s%ch designation, ill not be estopped from challenging its ithdra al.
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*t is tr%e, as the ,olicitor 6eneral points o%t, that the respondent cannot be removed at ill from her permanent position as Associate Commissioner. *t is no less tr%e, ho ever, that she can be replaced as Acting Chairman, ith or itho%t ca%se, and th%s deprived of the po ers and per'%isites of that temporary position. The lac) of a stat%tory r%le covering the sit%ation at bar is no =%stification for the President of the Philippines to fill the void by e:tending the temporary designation in favor of the respondent. This is still a government of la s and not of men. The problem allegedly so%ght to be corrected, if it e:isted at all, did not call for presidential action. The sit%ation co%ld have been handled by the members of the Commission on Elections themselves itho%t the participation of the President, ho ever ell!meaning. *n the choice of the Acting Chairman, the members of the Commission on Elections o%ld most li)ely have been g%ided by the seniority r%le as they themselves o%ld have appreciated it. *n any event, that choice and the basis thereof ere for them and not the President to ma)e. The Co%rt has not the slightest do%bt that the President of the Philippines as moved only by the best of motives hen she iss%ed the challenged designation. B%t hile conceding her good ill, e cannot s%stain her act beca%se it conflicts ith the Constit%tion. Hence, even as this Co%rt revo)ed the designation in the Ba%tista case, so too m%st it ann%l the designation in the case at bar. The Constit%tion provides for many safeg%ards to the independence of the Commission on Elections, foremost among hich is the sec%rity of ten%re of its members. That g%aranty is not available to the respondent as Acting Chairman of the Commission on Elections by designation of the President of the Philippines. (HE?E@;?E, the designation by the President of the Philippines of respondent Haydee B. Yorac as Acting Chairman of the Commission on Elections is declared A2C;2,T*TAT*;2A<, and the respondent is hereby ordered to desist from serving as s%ch. This is itho%t pre=%dice to the inc%mbent Associate Commissioners of the Commission on Elections restoring her to the same position if they so desire, or choosing another member in her place, pending the appointment of a permanent Chairman by the President of the Philippines ith the consent of the Commission on Appointments.
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,; ;?DE?ED.

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