Brillantes v Yorac; GR No. 93867; 18 Dec 1990; 192 SCRA 358

in Legal Chyme by

The President designated Associate Commissioner Haydee Yorac as acting chairman of the Commission on Elections, in place of Chairman Hilario DAvide, who had been named chairman of the fact-finding commission to investigate the December 1989 cou d’ etat attempt.

Whether or not the intrusion of the President in the choice of the acting chairman violates the independence of the Commission on Elections.

YES. Article IX-A, Section 1 of the Constitution expressly describes all constitutional commissions as “independent.” They are not under the control of the President in the discharge of their respective functions. Each of these commissions conducts its own proceedings under the applicable laws and its own rules and in the exercise of its own discretion. Its decisions, orders and rulings are subject only to review on certiorari by the Court.

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