G.R. No.

L-63915 April 24, 1985

LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND
NATIONALISM, INC. [MABINI], petitioners,
vs.
HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to
the President , MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO, in his capacity as
Director, Bureau of Printing, respondents.

FACTS
Petitioners filed a writ for mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees,
letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders, invoking their right to be informed on the
matters of public concern as well as the principle that in order for laws to be valid and enforceable, it must be effectively promulgated and published in the Official
Gazette.

The respondents, through the Solicitor General, dismissed the case outright on the ground that petitioners have no legal personality to institute this mandamus proceeding
or standing to bring the instant petition

ISSUE
Whether or not publication in the Official Gazette as promulgated in Article 2 of th e Civil Code of the Philippines is required before any law or statute becomes valid
and enforceable.

HELD
The Court orders the respondents to publish in the Official Gazette all unpublished presidential issuances, letters of instructions, general orders, proclamations, executive
orders, letter of implementation and administrative orders, which are of general application, and unless so published, they shall have no binding force and effect.

Republic of the Philippines

SUPREME COURT
Manila

SECOND DIVISION

G.R. No. 100113 September 3, 1991

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

As provided in the 1987 Constitution, 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. Respondent Christian Monsod was nominated by President Corazon Aquino as the COMELEC Chairman. However,
petitioner Renato Cayetano questioned the appointment of Monsod for having allegedly lacking a sufficient qualification of having been engaged in the practice of law
for atleast 10 years.

It was contended that Atty. Monson has been practicing law for more than 10 years engaging in various companies as a lawyer-economist, a lawyer-manager, a
lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor. Such work experiences adequately meet the
constitutional requirement of the 1987 Constitution—that a candidate must have been engaged in the practice of law for at least ten years.

ISSUE
Whether or not Atty. Christian Monsod satisfies the requirement of the position of Chairman of the
COMELEC.
HELD
Yes, given the fact that has been a member of the Philippine Bar from year 1960 and has been practicing various law related activities ever since, he satisfies the
requirement promulgated in the 1987 Constitution of the position of COMELEC Chairman. And as cited in the case, The
practice of law is not
limited to the conduct of cases or litigation in court…In general, all advice to clients, and all action taken
for them in matters connected with the law incorporation services, assessment and condemnation
services, contemplating an appearance before judicial body, the foreclosure of mortgage, enforcement of a
creditor’s claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment,
and in matters of estate and guardianship have been held to constitute law practice.