Cayetano v.

Monsod
G.R. No. 100113 September 3, 1991

Petitioner: Renato Cayetano

Respondent: Christian Monsod

FACTS
President Corazon Aquino appointed Christian Monsod as the Chairman of the Commission on
Elections (COMELEC). The appointment was affirmed by the Commission on Appointments. On
the other hand, the appointment was opposed by Renato Cayetano on the account that the
appointed Monsod do not meet the qualifications for he failed to meet the Constitutional
requirement which factors that the Chairman of the COMELEC should have engaged in the
legal practice for at least ten years.

ISSUE
Whether the respondent Monsod possesses the required qualification of having engaged in
practice of law for at least 10 years.

HELD:
YES, Monsod possessed the required qualification. In the case of Philippine Lawyers
Association vs. Agrava: 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. The Commission,
on the basis of evidence submitted during the public hearings on Monsod’s confirmation,
implicitly determined that he possessed the necessary qualifications as required by law. 

Prepared by: DIMO, Al Savior R.

Heirs of Lim v. Lim
G.R. 172690 March 3, 2010

Petitioner: Heirs of Lim, represented by Elenito Lim

Respondent: Juliet Villa-Lim

FACTS
A partnership was formed among Jose Lim, Jimmy Yu and Norberto Uy, in order to engage in a
trucking business. Jose died a year after, leaving Elfledo Lim, one of his heirs, continue the
management of the trucking business. Eventually, Elfledo died, leaving the business and the
properties he acquired to his widowed. Thus, the heirs of Jose filed a complaint for their share in
the profits as heirs of Jose and the proper accounting of the partnership from when Jose died
and Elfledo handled the partnership. Using the sole testament of the only surviving business
partner Jimmy, the heirs contend that Elfledo was not part of the business partnership.
However, Elfledo’s wife countered that his late husband was indeed a business partner on the
grounds that: (1) Jose himself gave Elfledo P50,000.00 as a share in the partnership; (2) Elfledo
ran the affairs of the partnership, wielding absolute control, power, and authority, without any
intervention or opposition whatsoever from any of the petitioners; (3) Elfledo did not receive any
wages or salaries; (4) that the heirs failed to demand periodic accounting from Elfledo during his
lifetime; and (5) all the properties of the business were registered under the name of Elfledo.

ISSUE
Whether Elfledo was a partner of the trucking business.

HELD:

YES, Elfedo is considered a partner of the trucking business. The Court had the view that the
sole testimony of Jimmy Yu that Elfledo was a not a partner cannot establish such fact in the
absence of any other evidence. In the “preponderance of evidence”, the evidence presented by
the respondent weighted more as compared to the petitioners’. The Court agreed with all of the
facts raised by Elfledo in establishing that he is a partner. Furthermore, the Court maintains that
demand for periodic accounting is evidence of partnership.

Prepared by: DIMO, Al Savior R.