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The petitioner challenged the President of the Philippines' designation of an associate commissioner as the acting chairman of the Commission on Elections (COMELEC) in the chairman's absence. The petitioner argued that choosing an acting chairman is an internal COMELEC matter and the president's intrusion violates the commission's independence. The Supreme Court ruled the president's designation was invalid because the Constitution prohibits temporary appointments of members and gives constitutional commissions independence to choose their own acting leaders without presidential interference.
Description originale:
A ruling of prohibition on appointive member to act in temporary capacity.
The petitioner challenged the President of the Philippines' designation of an associate commissioner as the acting chairman of the Commission on Elections (COMELEC) in the chairman's absence. The petitioner argued that choosing an acting chairman is an internal COMELEC matter and the president's intrusion violates the commission's independence. The Supreme Court ruled the president's designation was invalid because the Constitution prohibits temporary appointments of members and gives constitutional commissions independence to choose their own acting leaders without presidential interference.
The petitioner challenged the President of the Philippines' designation of an associate commissioner as the acting chairman of the Commission on Elections (COMELEC) in the chairman's absence. The petitioner argued that choosing an acting chairman is an internal COMELEC matter and the president's intrusion violates the commission's independence. The Supreme Court ruled the president's designation was invalid because the Constitution prohibits temporary appointments of members and gives constitutional commissions independence to choose their own acting leaders without presidential interference.
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 coup d' etat attempt. The petitioner contends that the choice of the Acting Chairman of the Commission on Elections 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. He cites the practice in the Supreme Court, where the senior Associate Justice serves as Acting Chief Justice in the absence of the Chief Justice. No designation from the President of the Philippines is necessary. ISSUE: Whether the designation by the President of the Philippines of Comm. Yorac as Acting Chairman of the COMELEC, in the absence of the Chairman, valid RULING: No. Article IX, C, Section 1(2) prohibits the appointment of Members in a temporary or acting capacity. Moreover, Art. IX-A, Section 1, of the Constitution expressly provides for the independence of all the Constitutional Commissions. The choice of a temporary chairman falls under the discretion of the Commission and cannot be exercised for it by the President of the Philippines.