RENATO L. CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R.

SALONGA, COMMISSION ON APPOINTMENTS, and HON. GUILLERMO CARAGUE, in his

capacity as Secretary of Budget and Mangement, respondents. G.R. No. 100113
September 3, 1991.

FACTS: Atty. Christian Monsod passed the Philippine Bar Examination on 1960 and
had been paying his professional license fees as lawyer since then. On April 25,
1991, the Secretariat of the Commission on Appointments received a letter from
President Corazon C. Aquino nominating Christian Monsod as Chairman of the
Commission on Election (COMELEC). Renato Cayetano (petitioner) opposed the
nomination because allegedly Christian Monsod did not possess the required
qualification particularly the period required in practice of law. On June 5, 1991, the
Commission on Appointments confirmed the nomination of Christian Monsod as
Chairman of the COMELEC despite of the objection. On June 18, 1991, Christian
Monsod took his oath and assumed office. Challenging the validity of the
confirmation by the Commission on Appointments, petitioner filed instant petition
for certiorari and prohibition praying the said confirmation and the consequent
appointment of Christian Monsod as Chairman of COMELEC be declared null and
void.

ISSUE: Whether the Commission on Appointments committed grave abuse of

discretion in confirming Christian Monsods appointment.

HELD: No. The Commission on Appointment does not violates Section 1(1) of Article
IX-C of the 1987 Constitution which means it does not committed grave abuse of
discretion. The mentioned provision states, 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 position 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. The petitioner challenge
the confirmation by Commission on Appointment on the ground that Christian
Monsod does not engage in the practice of law for at least ten years. According to
an article in the January 11, 1989 issue of the Business Star, 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
function to meet them. These days, for example, most corporation lawyers are
involved in management policy formulation. Christian 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 a 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, or a sole practitioner. Hence, Christian Monsod is qualified for the said
position.

On the confirmation of appointment of Christian Monsod by the Commission on

Appointments, a Courts decision on Luego v. Civil Service Commission provides that
appointment is an essentially discretionary power and must be performed by the
officer in which it is vested according to his best lights, the only condition being that
the appointee should possess the qualifications required by law. If he does, then the
appointment cannot be faulted on the ground that there are others better qualified
who should have been preferred. This is a political question involving considerations
of wisdom which only the appointing authority can decide. It is clear that Christian
Monsod is qualified for the said position. Commission on Appointments is just
performing its duty and did not violates the law. Therefore CA did not committed
grave abuse of discretion.