Case Summary (G.R. No. 100113)
Constitutional Provision and Applicable Law
1987 Constitution, Art. IX-C, Sec. 1(1)
– COMELEC must be headed by a Chairman and six Commissioners, natural-born, ≥ 35 years old, college degree holders, non-candidates in preceding elections.
– A majority (including the Chairman) must be Philippine Bar members “who have been engaged in the practice of law for at least ten years.”
Defining the Practice of Law
Black’s Law Dictionary (3rd ed.)
– Encompasses all services requiring legal knowledge: litigation, pleadings, conveyancing, instrument drafting, advice.
American and Philippine cases
– Practice includes in-court advocacy and out-of-court advisory, drafting, representation before tribunals (Land Title Abstract v. Dworken; State ex rel. McKittrick v. Dudley; Phil. Lawyers Ass’n v. Agrava).
– Habituality and compensation mark practice (People v. Villanueva; People v. De Luna).
Legislative History and Framers’ Intent
1986 Constitutional Commission debates
– “Practice of law” construed liberally to include in-house legal work in agencies like COA.
– Counsel in government service using legal knowledge satisfies the ten-year requirement.
Facts of Nomination and Confirmation
– April 25, 1991: President’s letter nominating Monsod as COMELEC Chairman received by CA Secretariat.
– June 5, 1991: CA confirmed Monsod’s appointment.
– June 18, 1991: Monsod took his oath and assumed office.
Petition and Grounds
– Cayetano filed for Certiorari and Prohibition, alleging Monsod lacked the ten-year “practice of law” qualification.
– Seeks nullification of CA’s confirmation and Monsod’s appointment.
Respondent’s Professional Background
– Bar passer (1960); Integrated Bar dues paid since 1972.
– Early law office work (father’s firm); M.A. and Ph.D. work in economics (1961–63).
– 1963–70: World Bank economist and operations officer.
– 1970–86: Corporate executive roles (Meralco Group, investment banks, conglomerates).
– 1986–87: Constitutional Commissioner (Committee on Accountability).
– 1986–90: NAMFREL leadership and Davide Commission member.
– Post-1990: Legal/economic consultancy and CEO roles.
Commission on Appointments’ Findings
– CA hearings reviewed Monsod’s bar membership, professional license renewals, advisory and quasi-judicial roles.
– Implicitly concluded these combined activities satisfied “practice of law” for ten years.
Judicial Precedents on Appointment Discretion
Luego v. CSC (143 SCRA 327)
– Appointment involves discretion; if statutory qualifications are met, courts must not substitute their judgment for that of the appointing authority.
Central Bank v. CSC (171 SCRA 744)
– CSC may not refuse to attest to an appointment when qualifications are satisfied; any different action is a jurisdictional usurpation.
Court’s Analysis and Rationale
Broad Interpretation of Law Practice
– Embraces both litigation and non-litigation legal work requiring specialized
Case Syllabus (G.R. No. 100113)
Parties and Procedural Posture
- Petitioner: Renato L. Cayetano, citizen and taxpayer, challenges COMELEC confirmation.
- Respondents: Christian Monsod (nominated COMELEC Chairman), Commission on Appointments, Hon. Jovito R. Salonga, and Hon. Guillermo Carague (as Budget Secretary).
- On April 25, 1991, President Aquino nominated Monsod.
- June 5, 1991: Commission on Appointments confirmed the nomination.
- June 18, 1991: Monsod took his oath and assumed office.
- Cayetano filed a petition for certiorari and prohibition seeking nullification of the confirmation and appointment.
Constitutional Qualifications for COMELEC
- 1987 Constitution, Art. IX-C, Sec. 1(1):
- Natural-born Filipino, ≥35 years old, holder of college degree.
- Must not have been a candidate in immediately preceding elections.
- Majority, including Chairman, must be Philippine Bar members “engaged in the practice of law for at least ten years.”
- Provision patterned after 1973 Constitution, Art. XII-C, Sec. 1(1) with eight commissioners.
Core Issue
- What constitutes “practice of law” as a constitutional qualification for an appointive office?
- Whether Christian Monsod has been engaged in that practice for at least ten years.
Definitions and Scope of “Practice of Law”
- Black’s Law Dictionary (3rd ed.):
- Services requiring legal knowledge—advising, litigating, drafting instruments, conveyancing.
- U.S. and Philippine cases:
- Land Title Abstract & Trust Co. v. Dworken: not limited to court appearances.
- State ex rel. McKittrick v. C.S. Dudley & Co.: includes advisory and advocacy roles before tribunals.
- Philippine Lawyers Ass’n v. Agrava: embraces pleadings, management of proceedings, instrument drafting, special proceedings.
- Modern concept:
- Advocacy, counseling, public service (UP Law Center orientation).
- Broad commercial and governmental functions—corporate counseling, preventive lawyering, negotiation support, systems dynamics, decision analysis, modeling.
- Habituality and compensation as key elements in many jurisdictions.