CAYETANO vs. MONSOD
G.R. No. 100113, September 3, 1991
Facts: Renato Cayetano questioned Christian Monsod’s nomination by
President Corazon Aquino as Chairman of the Commission on Elections
(COMELEC). Cayetano stated that Monsod allegedly lacked the necessary
requirement of practicing law for at least 10 years. However, despite Cayetano’s
objection, the Commission on Appointments (COA) still confirmed Monsod’s
appointment.
Issue: Whether or not the Commission on Appointments committed grave abuse
of discretion in confirming Monsod’s appointment.
Held: No. COA’s power to give consent to the nomination of the COMELEC
chairman by the President is mandated by the Constitution under Article IX,
Section 1 (2), Sub Article C. It 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.”
The power of appointment is essentially within the discretion to whom it is so
vested subject to the only condition that the appointee should possess the
qualification required by law. Therefore, there is no occasion for the Supreme
Court to exercise its corrective power since COA did not commit grave abuse of
discretion based on the evidence presented.