Lopez, Adam Miguel A.

CODEGOV - Case Digests

1. Renato L .Cayetano v. Christian Monsod (G.R. NO. 100113)

FACTS:
A nomination for the position of Chairman for the COMELEC was being held. President
Corazon Aquino appointed respondent Christian Monsod for the said position, also being
confirmed by the Commission of Appointments. Although due to his disagreement, petitioner
Renato Cayetano, opposed such action due to the reason of lacking the qualification
requirements to be validly nominated under the rules of the Philippine Constitution.
Specifically, petitioner gives emphasis on the ‘practice of law’ as stated in Article 9, C, Section 1,
where it is needed to have at least 10 years.

ISSUES:

Whether or not respondent Monsod is meets the requirements and is qualified for the position
of Chairman in the COMELEC.

RULING:
YES. The practice of law is any activity, in or out of court, which requires the application of
law, legal procedure, knowledge, training and experience.

2. In re Cunanan (18 March 1954)

FACTS:

The Congress filed and passed Republic Act No. 972, also known as the “Bar Flunkers Act of
1953”. The stated law, initiated and allowed by Supreme Court, admitted the candidates who
had obtained an average of 72 and raised to 75. Therefore this allowed a number of candidates
to be considered as passers of the Bar Exam and be allowed to take oath and sign the Roll of
Attorneys.

Following this event upon the law’s approval, a great number of unsuccessful candidates
filed their petition to be admitted to the Bar, revisions on their examination paper using the
passed law, R.A. 972, as grounds for admission. Numerous candidates also requested for
reconsideration for admission.

ISSUE:

Whether or not the Bar Flunkers Act of 1953, Republic Act No. 972, is constitutional.

RULING:

NO. Republic Act No. 972 directly admits to the Bar those who have passed the Bar
disregarding the power of the Supreme Court to give judgement to such passers. The power
between the legislative and judiciary is separate therefore the judicial system cannot be
tampered with, and its processes for the admission of the candidates.