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Renato L. Cayetano vs. Christian Monsod, et al. [DISSENTING OPINION, GUTIERREZ, J.]

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 Management, respondents.

G.R. No. 100113 | 1991-09-03

GUTIERREZ, JR., J., dissenting:

When this petition was filed, there was hope that engaging in the practice of law as a qualification for public office would be settled one way or another in fairly definitive terms. Unfortunately, this was not the result.

Of the fourteen (14) member Court, 5 are of the view that Mr. Christian Monsod engaged in the practice of law (with one of these 5 leaving his vote behind while on official leave but not expressing his clear stand on the matter); 4 categorically stating that he did not practice law; 2 voting in the result because there was no error so gross as to amount to grave abuse of discretion; one of...