Cayetano vs. Monsod

RENATO L. CAYETANO VS.

CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENTS, AND HON. GUILLERMO CARAGUE, IN HIS CAPACITY AS SECRETARY OF BUDGET AND MANAGEMENT

G.R. No. 100113, September 03, 1991

PARAS, J.

FACTS:

Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of Chairman of the COMELEC in a letter received by the Secretariat of the Commission on Appointments on April 25, 1991.  Petitioner 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.

 On June 5, 1991, the Commission on Appointments confirmed the nomination of Monsod as Chairman of the COMELEC.  On June 18, 1991, he took his oath of office.  On the same day, he assumed office as Chairman of the COMELEC.

ISSUE:

 Whether the appointment of Monsod as Chairman of the COMELEC null and void.

RULING:

No. 

The Commission on the basis of evidence submitted during the public hearings on Monsod's confirmation, implicitly determined that he possessed the necessary qualifications as required by law.  The judgment rendered by the Commission in the exercise of such an acknowledged power is beyond judicial interference except only upon a clear showing of a grave abuse of discretion amounting to lack or excess of jurisdiction.  (Art. VIII, Sec. 1 Constitution).  Thus, only where such grave abuse of discretion is clearly shown shall the Court interfere with the Commission's judgment. 

In the instant case, there is no occasion for the exercise of the Court's corrective power, since no abuse, much less a grave abuse of discretion, that would amount to lack or excess of jurisdiction and would warrant the issuance of the writs prayed, for has been clearly shown.

 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 framers of the Constitution, Atty. Monsod'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 of both the rich and the poor - verily more than satisfy the constitutional requirement - that he has been engaged in the practice of law for at least ten years.

 "It is well-settled that when the appointee is qualified, as in this case, and all the other legal requirements are satisfied, the Commission has no alternative but to attest to the appointment in accordance with the Civil Service Law.  The Commission has no authority to revoke an appointment on the ground that another person is more qualified for a particular position.  It also has no authority to direct the appointment of a substitute of its choice.  To do so would be an encroachment on the discretion vested upon the appointing authority.  An appointment is essentially within the discretionary power of whomsoever it is vested, subject to the only condition that the appointee should possess the qualifications required by law." 

 The appointing process in a regular appointment as in the case at bar, consists of four (4) stages:  (1) nomination; (2) confirmation by the Commission on Appointments; (3) issuance of a commission (in the Philippines, upon submission by the Commission on Appointments of its certificate of confirmation, the President issues the permanent appointment; and (4) acceptance e.g., oath-taking, posting of bond, etc.. 

 

The power of the Commission on Appointments to give its consent to the nomination of Monsod as Chairman of the Commission on Elections is mandated by Section 1(2) Sub-Article C, Article IX of the Constitution which provides: "The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment.  Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment.  Appointment to any vacancy shall be only for the unexpired term of the predecessor.  In no case shall any Member be appointed or designated in a temporary or acting capacity."