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This document summarizes two cases:
1. Sarmiento vs COMELEC establishes the general rule that election cases terminate upon the beginning of the new term of office, with an exception if evidence shows the petition is meritorious or the Supreme Court issues an order. The case also held that COMELEC decisions without referring cases to divisions are null and void.
2. Cayetano vs Monsod reviews the appointment of Christian Monsod as COMELEC chair, with the issue being what qualifies as "engaged in the practice of law." The court upheld Monsod's appointment, finding his experience sufficient to meet the 10-year requirement.
This document summarizes two cases:
1. Sarmiento vs COMELEC establishes the general rule that election cases terminate upon the beginning of the new term of office, with an exception if evidence shows the petition is meritorious or the Supreme Court issues an order. The case also held that COMELEC decisions without referring cases to divisions are null and void.
2. Cayetano vs Monsod reviews the appointment of Christian Monsod as COMELEC chair, with the issue being what qualifies as "engaged in the practice of law." The court upheld Monsod's appointment, finding his experience sufficient to meet the 10-year requirement.
This document summarizes two cases:
1. Sarmiento vs COMELEC establishes the general rule that election cases terminate upon the beginning of the new term of office, with an exception if evidence shows the petition is meritorious or the Supreme Court issues an order. The case also held that COMELEC decisions without referring cases to divisions are null and void.
2. Cayetano vs Monsod reviews the appointment of Christian Monsod as COMELEC chair, with the issue being what qualifies as "engaged in the practice of law." The court upheld Monsod's appointment, finding his experience sufficient to meet the 10-year requirement.
Facts: Special cse of pre-proclamation controversies involving several municipalities Rule Laid Down: General Rule Termination upon beginning of term of office. XPN proceedings may continue when on the basis of the evidence thus far presented, the commission determines that the petition appears meritorious and accordingly issues an order for the proceeding to continue or when an appropriate order has been issued by the SC in a petition for certiorari Held: Decisions granted by the COMELEC en banc without first referring the case to a division is null and void and must be set aside. The petition is pending until referred to a proper committee for action.
Cayetano vs Monsod
Prayer: Review the decision of CA confirming the nomination of Atty Christian
Monsod as the chairman of COMELEC. Facts: Monsod was appointed by Pres Corazon Aquino as chairman of COMELEC. Cayetano filed a petition to revier as a citizen against the confirmation by CA claiming that Monsod does not qualify for he has not been engaged in the practice of law for 10 years a constitutional requirement. Monsod used to be the corporate lawyer of World Bank Group and head of NAMFREL. Issues: What is the meaning of engaged in the practice of law? Held: Habitual use of knowledge about the law. The decision of CA should not be reversed because theres no grave abuse of discretion.