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Cayetano v. Monsod, G.R. No. 1762-78, June 22, 2010

1) The case determines whether Christian Monsod satisfies the requirement to be Chairman of COMELEC by having engaged in the practice of law for at least 10 years. 2) While Monsod worked in other fields after law school, the Supreme Court ruled his experiences applying legal knowledge and skills qualify as practicing law. 3) Three justices dissented, arguing Monsod never actively pursued law as an occupation for even one year. They said his activities did not constitute actual practice of law for the required 10-year period.

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66 views3 pages

Cayetano v. Monsod, G.R. No. 1762-78, June 22, 2010

1) The case determines whether Christian Monsod satisfies the requirement to be Chairman of COMELEC by having engaged in the practice of law for at least 10 years. 2) While Monsod worked in other fields after law school, the Supreme Court ruled his experiences applying legal knowledge and skills qualify as practicing law. 3) Three justices dissented, arguing Monsod never actively pursued law as an occupation for even one year. They said his activities did not constitute actual practice of law for the required 10-year period.

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DAblue Rey
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© © All Rights Reserved
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Title (with GR RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R.

No. and Date) 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

Ponente PARAS, J.

Doctrine 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.

Facts CHRISTIAN MONSOD WAS NOMINATED BY THEN PRESIDENT CORAZON C. AQUINO


AS CHAIRMAN OF THE COMELEC. 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

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 HAVE NOT 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.

IT WAS ESTABLISHED THAT AFTER GRADUATING FROM THE COLLEGE OF LAW AND
HURDLING THE BAR, RESPONDENT WORKED IN HIS FATHER’S LAW OFFICE FOR A
SHORT WHILE, THEN WORKED AS AN OPERATIONS OFFICER IN THE WORLD BANK
GROUP FOR ABOUT 2 YEARS, WHICH INVOLVED GETTING ACQUAINTED WITH THE
LAWS OF MEMBER-COUNTRIES, NEGOTIATING LOANS, AND COORDINATING LEGAL,
ECONOMIC AND PROJECT WORK OF THE BANK. UPON RETURNING TO THE
PHILIPPINES, HE WORKED WITH THE MERALCO GROUP, SERVED AS CHIEF
EXECUTIVE OFFICER OF AN INVESTMENT BANK AND HAS SUBSEQUENTLY WORKED
EITHER AS CHIEF EXECUTIVE OFFICER OR CONSULTANT OF VARIOUS COMPANIES.

Contentions Petitioner [Name] Respondent [Name]

CAYETANO QUESTIONED THE APPOINTMENT FOR RESPONDENT POSSESSED


MONSOD ALLEGEDLY LACKED THE NECESSARY THE QUALIFICATION.
QUALIFICATION OF HAVING BEEN ENGAGED IN
THE PRACTICE OF LAW FOR AT LEAST 10 YEARS.

Lower Courts N/A

Appellate Court N/A

Issue/s WHETHER OR NOT MONSOD SATISFIES THE REQUIREMENT OF THE POSITION OF


CHAIRMAN OF THE COMELEC
SC Ruling YES.

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.

PRACTICE OF LAW MEANS ANY ACTIVITY, IN OR OUT 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. CHRISTIAN MONSOD IS A MEMBER OF THE PHILIPPINE BAR, HAVING PASSED


THE BAR EXAMINATIONS OF 1960 WITH A GRADE OF 86.55%. HE HAS BEEN A DUE
PAYING MEMBER OF THE INTEGRATED BAR OF THE PHILIPPINES SINCE ITS
INCEPTION IN 1972-73. HE HAS ALSO BEEN PAYING HIS PROFESSIONAL LICENSE
FEES AS LAWYER FOR MORE THAN 10 YEARS. 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 10 YEARS.

DISSENT PADILLA: TO "PRACTICE" LAW, OR ANY PROFESSION FOR THAT MATTER, MEANS,
TO EXERCISE OR PURSUE AN EMPLOYMENT OR PROFESSION ACTIVELY,
HABITUALLY, REPEATEDLY, OR CUSTOMARILY.

CRUZ: FROM THE NUMEROUS ACTIVITIES ACCEPTED AS EMBRACED IN THE TERM, I


HAVE THE UNCOMFORTABLE FEELING THAT ONE DOES NOT EVEN HAVE TO BE A
LAWYER TO BE ENGAGED IN THE PRACTICE OF LAW AS LONG AS HIS ACTIVITIES
INVOLVE THE APPLICATION OF SOME LAW, HOWEVER PERIPHERALLY. HE HAS NOT
PROVED THAT HIS ACTIVITIES IN THESE CAPACITIES EXTENDED OVER THE
PRESCRIBED 10-YEAR PERIOD OF ACTUAL PRACTICE OF THE LAW.

GUTTIEREZ: IN SPITE OF MY HIGH REGARD FOR MR. MONSOD, I CANNOT SHIRK


MY CONSTITUTIONAL DUTY. HE HAS NEVER ENGAGED IN THE PRACTICE OF LAW
FOR EVEN ONE YEAR. HE IS A MEMBER OF THE BAR BUT TO SAY THAT HE HAS
PRACTICED LAW IS STRETCHING THE TERM BEYOND RATIONAL LIMITS. A PERSON
MAY HAVE PASSED THE BAR EXAMINATIONS. BUT IF HE HAS NOT DEDICATED HIS
LIFE TO THE LAW, IF HE HAS NOT ENGAGED IN AN ACTIVITY WHERE MEMBERSHIP
IN THE BAR IS A REQUIREMENT  I FAIL TO SEE HOW HE CAN CLAIM TO HAVE BEEN
ENGAGED IN THE PRACTICE OF LAW.

OTHER NOTES The principal duties of an attorney are (1) to be true to the court and to his client; (2)
to manage the business of his client with care, skill, and integrity; (3) to keep his client
informed as to the state of his business; (4) to keep his secrets confided to him as
such.

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