RENATO CAYETANO, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management .
- G.R. Number: G.R. No. 100113
- Promulgated: 1991-09-03
- Ponente: Paras, J.
Doctrine
Factors enumerated by the Commission on Appointments are useful aids in determining whether an activity constitutes the practice of law when assessing the ten-year constitutional requirement.
Isolated or incidental legal activities in a non-legal career do not necessarily constitute the practice of law sufficient to meet the ten-year constitutional qualification.
When the appointee is qualified and legal requirements are satisfied, the Commission cannot revoke an appointment or direct a substitute of its choice; but constitutional qualifications remain obligatory and enforceable by the Court.
Facts
The case concerns a high-profile challenge to the confirmation of respondent Monsod as COMELEC Chairman, raising both legal and political consequences.
Questions were raised about whether Monsod had engaged in the practice of law for at least ten (10) years prior to his appointment, a constitutional requirement for the COMELEC Chairmanship.
During inquiries Monsod's answers were described as evasive regarding the extent he prepared contracts and engaged in legal work during his business career.
The Court compared isolated legal activities of Monsod to isolated transactions that do not amount to doing business in the Philippines, concluding such activities were incidental and not the practice of law.
Issues
Whether respondent Monsod had engaged in the practice of law for at least ten (10) years prior to his appointment as COMELEC Chairman.
Whether the Commission on Appointments acted properly in confirming Monsod despite the constitutional qualification at issue.
Ruling
The Court GRANTED the petition and declared respondent Monsod not qualified for the position of COMELEC Chairman for not having engaged in the practice of law for at least ten (10) years prior to his appointment; the confirmation was held to be a grave abuse of discretion.
Keywords
G.R. No. 100113, 1987 Constitution Article IX-C Section 1(1), 1973 Constitution Article XII-C Section 1(1), practice of law, Commission on Elections, natural-born citizens, Philippine Bar, Black's Law Dictionary, 3rd ed., Land Title Abstract and Trust Co. v. Dworken, State ex. rel. Mckittrick v. C.S. Dudley and Co., Philippine Lawyers Association v. Agrava (105 Phil. 173), advocacy, counselling and public service, Barr v. Cardell, legal knowledge or skill, 1986 Constitutional Commission, practice, commission, members, preparation