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Cayetano vs. Monsod: Ulep vs. Legal Clinic, 223 SCRA 378 (1993)
Cayetano vs. Monsod: Ulep vs. Legal Clinic, 223 SCRA 378 (1993)
Monsod
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.
G.R. No. 100113
September 3, 1991
PARAS, J.:
FACTS:
Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of
chairman of the COMELEC. Petitioner opposed the nomination because allegedly Monsod does
not possess required qualification of having been engaged in the practice of law for at least ten
years. The 1987 constitution provides in Section 1, Article IX-C: 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.
ISSUE:
It is whether the respondent has the ten year practice of law requirement for him to assume
such office
HELD:
Practice of law means any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. "To engage in the practice of law is to
perform those acts which are characteristics of the profession. Generally, to practice law is to
give notice or render any kind of service, which device or service requires the use in any
degree of legal knowledge or skill.
In general, a practice of law requires a lawyer and client relationship, it is whether in or out of
court. Atty. Monsod's past work experiences 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 verily more than satisfy the constitutional requirement that he
has been engaged in the practice of law for at least ten years..