Renato L. Cayetano v. Christian Monsod et al (G.R. No. 100113, September 3, 1991)

Renato L. Cayetano v. Christian Monsod, et. al.
G.R. No. 100113, September 3, 1991
STATEMENT OF THE CASE
This case involves a Petition for Certiorari and Prohibition filed by Cayetano challenging the
nomination, confirmation, and appointment of Monsod as the Chairperson of COMELEC.
According to Cayetano, Monsod’s work background does not qualify as “practice of law” nor
does it prove that he regularly practiced law for at least 10 years, in violation of Article IX-C of
the 1987 Constitution. Hence, Cayetano sought the nullification of Monsod’s appointment as
COMELEC Chairperson.
FACTS
On 25 April 1991, former President Corazon C. Aquino nominated Monsod to the
COMELEC Chairperson position. Accordingly, Monsod submitted to the Commission on
Appointments (“CA”) a copy of his biodata to prove his qualifications as the COMELEC’s
Chairperson, including the practice of law of at least 10 years. Monsod’s professional background
revealed that he worked as a lawyer in his father’s law office, occupied top management positions
for various multi-national and Philippine-based corporations, became the Secretary-General and
National Chairperson of NAMFREL, co-chaired the Bishops Businessmen’s Conference for
Human Development, and became a member of the Davide Commission and Constitutional
Commission.
In opposition to Monsod’s nomination, Cayetano alleged that Monsod’s work experience
does not qualify as legal practice nor does it prove that he regularly practiced law for at least 10
years.
Regardless of Cayetano’s opposition, the CA confirmed the nomination of Monsod as
COMELEC Chairperson on 5 June 1991. Eventually, on 18 June 1991, Monsod took his oath of
office and assumed the position of COMELEC Chairperson.
ISSUE
Whether or not Monsod’s work experiences qualify as “practice of law”.
RULING
Yes, Monsod’s work experiences qualify as “practice of law,” as defined by the modern
concept of law practice and taking into consideration the liberal construction intended by the
framers of the Constitution. Here, Monsod’s work experiences show that he performed legal
services as a private practitioner, lawyer-economist, lawyer-manager, lawyer-entrepreneur,
lawyer-negotiator of contracts, and lawyer-legislator. Therefore, Monsod fully met the
requirements for his appointment as COMELEC Chairperson, pursuant to Article IX-C of the 1987
Constitution.