Cayetano v. Monsod, 201 SCRA 210

FACTS: Monsod was nominated by President Aquino as Chairman of the Comelec. The Commission on Appointments confirmed the appointment despite Cayetano's objection, based on Monsod's alleged lack of the required qualification of 10 year law practice. Cayetano filed this certiorari and prohibition.

ISSUE: Whether or not Monsod has been engaged in the practice of law for 10 years

RULING: YES. The practice of law is not limited to the conduct of cases or litigation in court. It embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients, and other works where the work done involves the determination of the trained legal mind of the legal effect of facts and conditions (PLA vs. Agrava.)

The records of the 1986 constitutional commission show that the interpretation of the term practice of law was liberal as to consider lawyers employed in the Commission of Audit as engaged in the practice of law provided that they use their legal knowledge or talent in their respective work. The court also cited an article in the January 11, 1989 issue of the Business Star, that lawyers nowadays have their own specialized fields such as tax lawyers, prosecutors, etc., that because of the demands of their specialization, lawyers engage in other works or functions to meet them. These days, for example, most corporation lawyers are involved in management policy formulation. Therefore, Monsod, who passed the bar in 1960, worked with the World Bank Group from 1963-1970, then worked for an investment bank till 1986, became member of the CONCOM in 1986, and also became a member of the Davide Commission in 1990, can be considered to have been engaged in the practice of law as lawyer-economist, lawyer-manager, lawyer-entrepreneur, etc.

ISSUE: Whether or not the Commission on Appointments committed grave abuse of discretion in confirming Monsod’s appointment

RULING: NO. The power of the COA to give consent to the nomination of the Comelec Chairman by the president is mandated by the constitution. The power of appointment is essentially within the discretion of whom it is so vested subject to the only condition that the appointee should possess the qualification required by law. From the evidence, there is no occasion for the SC to exercise its corrective power since there is no such grave abuse of discretion on the part of the CA. Adapted