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Cayetano v. Monsod (1991)

Summary Cases:

Renato L. Cayetano vs. Christian Monsod 201 SCRA 210

Subject:

Commission on Elections, Practice of Law, Qualifications of an Appointive Official

Facts:

President Corazon Aquino nominated Atty. Christian Monsod to the position of Chairman of the

Commission on Elections (COMELEC).

This petition for Certiorari and Prohibition filed by Cayetano prays that the Commission on Elections

confirmation and subsequent appointment of Monsod be declared null and void because the latter fails to

meet the constitutional requirement of having been engaged in the practice of law for at least 10 years.

Held:

Modern Definition of the Practice of Law

1. The practice of lawmeans any activity, in or out of court, which requires the application of law, legal

procedure, knowledge, training and experience.

2. In Philippine Lawyers Association v. Agrava, it was stated:

The practice of law is not limited to the conduct of cases or litigation in court; it embraces the

preparation of pleadings and other papers incident to actions and special proceedings, 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 ajudicial body, the foreclosure of a 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, as do the preparation and drafting of legal

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8/10/2019 Cayetano vs Monsod SUMMARY

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instruments, where the work done involves the determination by the trained legal mind of the legal effect

of facts and conditions

3. 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.

4. Atty. Monsod has been a member of the Philippine Bar since 1960, and has been a member of the

Integrated Bar of the Philippines since its inception in 1972. He has also been paying his professional

fees as a lawyer for more than ten years.

5. Atty. Monsods past work as a lawyer-economist, lawyer-manager, lawyer-entrepreneur,

lawyer-negotiator of contracts, and lawyer-legislator of both the rich and the poor more than satisfy the

constitutional requirement that he has been engaged in the practice of law for at least ten years.

Judicial review of judgments rendered by the Commission on Appointments.

6. 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).

7. The Commission on the basis of evidence submitted during the public hearings on Monsods

confirmation, implicitly determined that he possessed the necessary qualifications as required by law.

This no occasion for the exercise of the Courts corrective power, since no abuse has been shown.

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