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Cayetano Vs Monsod

This case concerns the qualifications of Christian Monsod to be the Chairperson of the Commission on Elections (COMELEC) as required by the 1987 Philippine Constitution. Petitioner Renato Cayetano argued that Monsod did not meet the 10-year practice of law requirement. The Supreme Court ruled that Monsod's past work experiences as a lawyer in various roles more than satisfied the 10-year requirement. The Court also held that the Commission on Appointments did not abuse its discretion in confirming Monsod's nomination, so it declined to interfere with the Commission's judgment. The petition was dismissed.

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98 views1 page

Cayetano Vs Monsod

This case concerns the qualifications of Christian Monsod to be the Chairperson of the Commission on Elections (COMELEC) as required by the 1987 Philippine Constitution. Petitioner Renato Cayetano argued that Monsod did not meet the 10-year practice of law requirement. The Supreme Court ruled that Monsod's past work experiences as a lawyer in various roles more than satisfied the 10-year requirement. The Court also held that the Commission on Appointments did not abuse its discretion in confirming Monsod's nomination, so it declined to interfere with the Commission's judgment. The petition was dismissed.

Uploaded by

Anne Soria
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RENATO CAYETANO v.

CHRISTIAN MONSOD
G.R. No. 100113, 3 September 1991

FACTS:
The matter arose from a question of law raised by petitioner, Renato Cayetano, for the
qualifications of the Chairperson for Commission on Elections (COMELEC) as stated in the 1987
Philippine Constitution.
When respondent, Christian Monsod, was nominated to the said position by then-President
Aquino and subsequently affirmed by Commission on Appointment, Cayetano filed a prohibition
praying that the confirmation be declared null and void. Petitioner contests that Monsod does not
possess the required qualification of having been engaged in the practice of law for at least ten years.
Hence, the matter elevated to the Supreme Court.
ISSUE: Whether or not the Commission on Appointments erred in confirming Monsod as COMELEC
Chairperson
HELD: No.
Practice of law means any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. Generally, to practice law is to give notice or
render any kind of service, which device or service requires the use in any degree of legal knowledge
or skill. Interpreted in the light of this definition, Atty. Monsod's past work experiences as a lawyer-
economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts,
and a lawyer-legislator of both the rich and the poor — verily more than satisfy the constitutional
requirement — that he has been engaged in the practice of law for at least ten years.
The power of the Commission on Appointments to give its consent to the nomination of
Monsod as Chairman of the Commission on Elections is mandated by Section 1(2) Sub-Article C,
Article IX of the Constitution. The judgment rendered by the Commission in the exercise of such an
acknowledged power is beyond judicial interference except only upon a clear showing of a grave
abuse of discretion amounting to lack or excess of jurisdiction (Art. VIII, Sec. 1 Constitution). Thus,
only where such grave abuse of discretion is clearly shown shall the Court interfere with the
Commission's judgment.
In the instant case, there is no occasion for the exercise of the Court's corrective power, since
no abuse, much less a grave abuse of discretion, that would amount to lack or excess of jurisdiction
and would warrant the issuance of the writs prayed, for has been clearly shown.
Petition dismissed.

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