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Cayetano vs. Monsod

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20 views1 page

Cayetano vs. Monsod

Uploaded by

aldeonjha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CAYETANO v.

MONSOD

G.R. No. 100113


September 03, 1991

Petitioner:
Renato Cayetano

Respondents:
Christian Monsod, Hon. Jovito R. Salonga, Commission on
Appointment, and Hon. Guillermo Carague in his capacity as Secretary
of Budget and Management

Paras, J.:

Facts:
Petitioner filed a petition for certiorari and prohibition on the
nomination and appointment of respondent Christian Monsod. He
contends that, said confirmation and the consequent appointment of
Monsod as Chairman of the Commission on Elections be declared null
and void, due to that the latter does not posses the required
qualification of having been engaged in the practice of law for at least
ten(10) years.

Issue:
Whether Monsod possessed the required qualification for the position
Chairman of Commission on Election.

Ruling:
Yes. Art. 9, Sec. 1-C provides “There shall be a Commission on
Elections composed of a Chairman and six Commissioners who shall be
natural-born 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”.

Practice of Law means any activity, in or out, which requires the


application of law, legal procedure, knowledge, training and experience.
To engage in the practice of 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.

The Court held that, the evidence submitted during the public hearings
on Monsod's confirmation, implicitly determined that he possessed the
necessary qualifications as required by law, therefore the petition was
DISMISSED.

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