ARTICLE IX: The Constitutional Commissions

C. THE COMMISSION ON ELECTIONS

Section 1.

BRILLANTES VS. YORAC, 192 SCRA 358 (1990)

Sixto Brillantes, Jr. vs. Haydee T. Yorac

FACTS:
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. Haydee Yorac was temporarily placed as his
substitute. 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 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.

The President has no authority to make designation of a COMELEC Chairman in an

acting capacity. The choice of temporary chairman in the absence of a regular chairman
comes under the discretion of the COMELEC. It cannot be exercised by the President. A
designation as acting chairman is by its very terms essentially temporary and therefore
revocable at will. No cause need to be established to justify its revocation.

ARTICLE IX: The Constitutional Commissions

C. THE COMMISSION ON ELECTIONS

Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment,
at least thirty-five years of age, holders of a college degree, and must not have been candidates for any
elective positions in the immediately preceding elections. However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at
least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of those first appointed,
three Members shall hold office for seven years, two Members for five years, and the last Members for
three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of
the predecessor. In no case shall any Member be appointed or designated in a temporary or acting
capacity.

Prepared by:

Jesus Maria E. Quintia, III. Ll.B.-1