Sarmiento vs COMELEC

Prayer: Certiorari Rule 65

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.