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Facts: The petitioner questions the act of the President in designating Yorac as Acting Chairman
in view of the status of the COMELEC as an independent constitutional body. The petitioner
contends that the designation of the Acting Chairman of the COMELEC is an internal matter that
should be resolved by the members themselves and that the intrusion of the President of the
Philippines violates their independence as provided for in Article IX of the Constitution.
Issue: Whether the designation of Yorac as COMELECs Acting Chairman is valid.
Held: No. Article IX-A, Section 1, of the Constitution expressly describes all the Constitutional
Commissions such as the COMELEC as independent. Although essentially executive in
nature, they are not under the control of the President of the Philippines in the discharge of their
respective functions. The choice of a temporary chairman in the absence of the regular chairman
is within the discretion of the COMELEC members that cannot be exercised for it, even with its
consent, by the President of the Philippines.
3. Qualifications
RENATO CAYETANO, PETITIONER, VS. CHRISTIAN MONSOD, HON. JOVITO R.
SALONGA, COMMISSION ON APPOINTMENT, AND HON. GUILLERMO CARAGUE,
IN HIS CAPACITY AS SECRETARY OF BUDGET AND MANAGEMENT,
RESPONDENTS.
Facts: Respondent Monsod was nominated to the position of Chairman of the COMELEC which
was confirmed by the Commission on Appointments. On June 18, 1991, he took his oath and
assumed office as Chairman of the COMELEC.
Petitioner challenged the validity of the appointment of Monsod alleging that he does not possess
the required qualification of having been engaged in the practice of law for at least ten years as
provided for in Section 1(1), Article IX-C of the Constitution.
Issue: Whether Monsod possesses the required qualification to be appointed as Chairman of
COMELEC.
Held: Yes. Practice of law means any activity, in or out of court, which requires the application
of law, legal procedure, knowledge, training and experience. Practice of law under modem
conditions consists in no small part of work performed outside of any court and having no
immediate relation to proceedings in court.
Atty. Monsods past work experiences as a lawyer-economist, a lawyer-manager, a lawyerentrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich
and the poor satisfy the constitutional requirement that he has been engaged in the practice of
law for at least ten years.
4. Term of Office
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.
However, she served as de facto officer in good faith until February 02, 2000, and thus entitled to
receive her salary and other emoluments for actual service rendered. Consequently, the
Commission on Audit erred in disallowing in audit such salary and other emoluments, including
that of her co-terminous staff.
In concluding that February 02, 1987 is the proper starting point of the terms of office of the first
appointees to the Constitutional Commissions of a staggered 7-5-3 year terms, we considered the
plain language of pertinent sections of the 1987 Constitution that uniformly prescribed a sevenyear term of office for Members of the Constitutional Commissions, without re-appointment, and
for the first appointees terms of seven, five and three years, without re-appointment. In no case
shall any Member be appointed or designated in a temporary or acting capacity. There is no need
to expressly state the beginning of the term of office as this is understood to coincide with the
effectivity of the Constitution upon its ratification (on February 02, 1987).