CAYETANO V MONSOD Digest

CAYETANO v MONSOD
Renato Cayetano questioned the appointment of Christian Monsod as the Chairman of COMELEC on the
ground that he does not qualify because he failed to meet the Constitutional requirement, which provides
5 that the COMELEC Chairman should have been engaged in the practice of law for at least ten years.
Prior to his appointment, Monsod was engaged in corporate law. He was advising bank, including the Asia
Development Bank and World Bank. He was also instrumental in successfully getting loan agreements in
favor of the Republic of the Philippines. However, this doesn’t suffice as a practice of law requirement.
10
The Constitutional Commission expressly said “engaged in the practice of law” instead of just
“membership to the Bar.”
Majority decision: Practice of law is engaging in any activities of the law, in or out of court, with the
15 application of legal knowledge.
Practice of law, according to Justice Paras, requires the actual 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,
20 which device or service requires the use in any degree of legal knowledge or skill.
According to Justice Padilla, what constitute the practice of law are these criteria:
1. Habituality – frequent or customary action; succession of acts
2. Compensation – active and continued practice of the legal profession that his services are available to
25 the public for compensation
3. Application of law, legal principle, practice or procedure, training, and experience.
4. Attorney-client relationship
Facts:
30 Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of
Chairman of the COMELEC in a letter received by the Secretariat of the Commission on Appointments on
April 25, 1991. Petitioner opposed the nomination because allegedly Monsod does not possess the
required qualification of having been engaged in the practice of law for at least ten years.
35 On June 5, 1991, the Commission on Appointments confirmed the nomination of Monsod as Chairman of
the COMELEC.
On June 18, 1991, he took his oath of office. On the same day, he assumed office as Chairman of the
COMELEC.
40
Challenging the validity of the confirmation by the Commission on Appointments of Monsod's nomination,
petitioner as a citizen and taxpayer, filed the instant petition for certiorari and Prohibition praying that said
confirmation and the consequent appointment of Monsod as Chairman of the Commission on Elections
be declared null and void.
45
Issue: Whether the appointment of Chairman Monsod of Comelec violates Section 1 (1), Article IX-C of
the 1987 Constitution?
Held: In the case of Philippine Lawyers Association vs. Agrava, stated: The practice of law is not limited
50 to the conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers
incident to actions and special proceeding, the management of such actions and proceedings on behalf of
clients before judges and courts, and in addition, conveying. 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
55 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. Practice of law
means any activity, in or out court, which requires the application of law, legal procedure, knowledge,
training and experience.
60 The contention that Atty. Monsod does not posses the required qualification of having engaged in the
practice of law for at least ten years is incorrect since Atty. Monsod’s past work experience as a lawyer-
economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a
lawyer-legislator of both rich and the poor – verily more than satisfy the constitutional requirement for the
position of COMELEC chairman, The respondent has been engaged in the practice of law for at least ten
65 years does In the view of the foregoing, the petition is DISMISSED.

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