UP LAW A-2015 DIGEST SYSTEM [Constutional Law 1 | Prof.

De Vera]
PERSONS A-2015 | AY 2010-2011 - I

Constitutional Commissions Composition and Qualifications of Commissioners ART. IX-C, Sec. 1 (1) --Cayetano v. Monsod 201 SCRA 210 Date of Promulgation: September 3, 1991 Ponente: Paras, J. Keywords: practice of law; Commission on Election; qualifications QuickGuide: Petitioner was contesting the Commission on Appointment's validation of the nomination of Atty. Christian Monsod as Chairman of the Commission of Election by failing the to meet the constitutional requirement of practicing law for at least ten years. The Court used the liberalized definition of practice of law and thus upheld the validity of the confirmation of the respondent to the position in COMELEC. Facts: Respondent Christian Monsod was nominated by President Corazon Aquino to the position of Chairman of COMELEC. On June 5, 1991, Commission on Appointments (CA) confirmed the nomination and respondent thereafter took his oath of office and assumed office. Petitioner Renato Cayetano, as taxpayer and citizen, is challenging the validity of the confirmation by CA of Monsod's nomination through a petition for certiorari. He is praying that the confirmation and consequent appointment be declared null and void on ground that Monsod does not possess the required qualification of having been engaged in the practice of law for at least ten years. (ART. IX-C, Sec. 1 (1)) Issue/s: WoN respondent possesses the necessary qualification (engaged in

the practice of law for at least ten years) as required by law to assume office as Chairman of the COMELEC: YES Ruling: Petition DENIED Ratio: ART IX-C, Sec. 1 (1): There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be naturalborn citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. The 1986 Constitutional Commission show in the records that it has adopted a liberal interpretation of the term practice of law. The practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristics of the profession. 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. (11 1 ALR 23) Interpreted in the light of the various definitions of the term practice of law, particularly the modern concept of law practice and taking into consideration the liberal construction intended by the Constitutional framers, the respondent'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, verily more than satisfy the constitutional requirement that he be engaged in the practice of law for at least 10 years. Accdg. to Justice Cruz, since the law covers all individuals, in making use of the law, or in advising others on what the law means, are actually practicing the law. The acts of respondent who is a lawyer and a member of the Philippine Bar is different from the acts of the person practicing law, without first becoming lawyers.

Obiter: If CA rejects a nominee by the President, the Supreme Court cannot reverse the the Commission and this in effect confirm the appointment. The Court cannot reject the nominee that whom the Commission has confirmed.

Loraine Saguinsin