EDA MARIE L.

ENCLONAR

CAYETANO VS MONSOD
201 SCRA 210

FACTS:

 On April 25, 1991, respondent Christian Monsod was nominated by President Corazon
C. Aquino to the position of Chairman of the COMELEC. Petitioner, Renato Cayetano, opposed the
nomination because allegedly Monsod does not possess the required qualification of having been engaged
in the practice of law for at least ten years.
 June 5, 1991 - Commission on Appointments confirmed the nomination of Monsod asChairman of
the COMELEC.
 June 18, 1991 – Monsod took his oath of office and assumed the role as Chairman ofthe COMELEC.

 Atty. Christian Monsod’s credentials:
 Member of the Philippine Bar, passed the bar examinations of 1960
 Member of the Integrated Bar of the Philippines since its inception in 1972-73
 Operations Officer for World Bank Group and was acquainted with the laws of member-countries
negotiating loans and coordinating legal, economic, and project work of the Bank 1963 – 1970
 Since 1970 he has worked with Meralco Group, as chief executive officer of an investment bank,
and of a business conglomerate.
 Since 1986 – rendered services as legal and economic consultant or chief executive officer of
various companies
 Secretary General, 1986
 National Chairman of NAMFREL which required extensive knowledge of election law as he
appeared for NAMFREL in its accreditation hearings before the Comelec, 1987
 Co-Chairman of the Bishops Businessmen's Conference for Human Development wherein he
participated in initiating, lobbying for and engaging in affirmative action for the agrarian reform
law and lately the urban land reform bill
 Member of the Davide Commission, a quasi-judicial body
 Member of the Constitutional Commission as Chairman of itsCommittee on Accountability of
Public Officers - 1986-1987

ISSUE/S:

Whether or not the respondent possesses the required qualification to ba a COMELEC Chairman or
Commissioner of having engaged in the practice of law for atleast 10years, as stated in Section 1
(1), Article 9 -C of the 1987 Constitution.
RULING:

Yes, Atty. Monsod may not be engaged in practice of law through litigation but he has been deemed
to be practicing law through his various responsibilities and involvement as a lawyer-economist, a
lawyer-manager, a lawyer-entrepreneur, a lawyer-negotiator of contracts, and a lawyer-legislator
of both the wealthy and the poor. All of these have satisfied the constitutional requirement of
engaging in the practice of law for atleast 10 years. Hence, the petition filed by Renato Cayetano
was hereby dismissed and Atty. Monsod was then allowed to perform as Chairman of the COMELEC.