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Brillantes vs. Yora. 192 Scra 358

The petitioner challenged the President of the Philippines' designation of Associate Commissioner Haydee B. Yorac as Acting Chairman of the Commission on Elections to replace Chairman Hilario B. Davide. The petitioner argued that the choice of an acting chairman should be an internal matter for the Commission members. The Court held that while the President acted with good intentions, the designation violated the Constitution because it intruded on the independence guaranteed to the Commission. As such, the Court declared the designation unconstitutional and ordered Yorac to desist from serving as acting chairman, without prejudice to the Commission members choosing a replacement internally if they wished.

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200 views1 page

Brillantes vs. Yora. 192 Scra 358

The petitioner challenged the President of the Philippines' designation of Associate Commissioner Haydee B. Yorac as Acting Chairman of the Commission on Elections to replace Chairman Hilario B. Davide. The petitioner argued that the choice of an acting chairman should be an internal matter for the Commission members. The Court held that while the President acted with good intentions, the designation violated the Constitution because it intruded on the independence guaranteed to the Commission. As such, the Court declared the designation unconstitutional and ordered Yorac to desist from serving as acting chairman, without prejudice to the Commission members choosing a replacement internally if they wished.

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1. BRILLANTES, JR. vs. YORAC. 192 SCRA 358. GR NO. 93867.

DECEMBER 18, 1990


FACTS:
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, who had been named chairman of the fact-finding commission to investigate the
December 1989 coud detat attempt.
The petitioner contends that the choice of the acting chairman of the Commission on Election is
an internal matter that should be resolved by the members themselves and that the intrusion of the
President of the Philippines violates their independence.
HELD: WHETHER OR NOT THE DESIGNATION BY THE PRESIDENT OF THE PHILIPPINES OF YORAC AS
ACTING CHAIRMAN OF THE COMELEC IS CONSTITUTIONAL.
HELD: The Court has not the slightest doubt that the President of the Philippines was moved only by the
best of motives when she issued the challenged designation. But while conceding her goodwill, we
cannot sustain her act because it conflicts with the Constitution. Hence, even as this Court revoked the
designation in the Bautista case, so too must it annul the designation in the case at bar. The constitution
provided for many safeguards to the independence of the Commission on elections, foremost among
which is the security of tenure of its members. That guaranty is not available to the respondent as
Acting Chairman of the Commission of Elections by designation of the President of the Philippines.
WHEREFORE, the designation by the President of the Philippines of respondent Haydee B. Yorac as
Acting Chairman of the Commission on elections is declared UNCONSTITUTIONAL, and the respondent is
hereby ordered to desist from serving as such. This is without prejudice to the incumbent 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 with the consent of the Commission on Appointments.

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