Cayetano vs. Monsod, 201 SCRA 210 , September 03, 1991

Constitutional Law; Qualifications of COMELEC Chairman; “Practice of law” defined.—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.” (111 ALR
23) Interpreted in the light of the various definitions of the term “practice of law”, particularly the
modern concept of law practice, and taking into consideration the liberal construc-tion intended by the
framers of the Constitution, Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-
manager, a lawyerentrepreneur 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.

Same; Same; Judicial review of judgments rendered by the Commission on Appointments.—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. The judgment
rendered by the Commission in the exercise of such an acknowledged power is beyond judicial
interference except only upon a clear showing of a grave abuse of discretion amounting to lack or
excess of jurisdiction. (Art. VIII, Sec. 1 Constitution). Thus, only where such grave abuse of discretion is
clearly shown shall the Court interfere with the Commission’s judgment. In the instant case, there is no
occasion for the exercise of the Court’s corrective power, since no abuse, much less a grave abuse of
discretion, that would amount to lack or excess of jurisdiction and would warrant the issuance of the
writs prayed, for has been clearly shown.

by Glenn Rey Anino