Cayetano vs. Monsod

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  • Topic: Law, Lawyer, Practice of law
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  • Published : January 30, 2011
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CAYETANO V MONSOD
PARAS; September 3, 1991

NATURE
Petition to review decision of Commission on Appointments

FACTS
- April 25, 1991 – Atty. Christian Monsod was appointed by Pres. Aquino as Chairman of COMELEC - Rene Cayetano opposed such appointment as citizen and taxpayer because Monsod allegedly does not possess the required qualification of having been engaged in the practice of law for at least 10 years - June 18, 1991 – Monsod took his oath of office

- Monsod’s credentials
> member of Philippine Bar since 1960
> after bar, worked in law office of his father
> 1963-1970 – in World Bank Group as operations officer in Costa Rica and Panama involves getting acquainted with laws of member-countries, negotiating loans and coordinating legal, economic and project work > 1970 – in Meralco Group as CEO of investment bank

> since 1986 – rendered service to various companiesas legal and economic consultant or CEO > 1986-1987 – secretary-general and national chairman of NAMFREL (election law) > co-chairman of Bishop’s Businessmen’s Conference for Human Development > 1990 - Davide Commission – quasi-judicial body

> 1986-1987 – member of Constitutional Commission as Chairman on Accountability of Public Officers - AIX-C Sec1(1) - … Commission on Elections chairman shall be members of the Philippine Bar who have been engaged in the practice of law for at least 10 years - no jurisprudence on what constitutes the practice of law

ISSUE
WON Monsod is qualified as Chairman of COMELEC in fulfilling the requirement engaged in the practice of law for at least ten years

HELD
YES. Practice of Law means any activity, in or out of court which requires the application of law, legal procedure, knowledge, training and experience. Monsod as lawyer-economist, lawyer-manager, lawyer-entrepreneur, lawyer-negotiator, and lawyer-negotiator is proof he is engaged in practice of law for more than 1- years - Black’s Law Dictionary

> Rendition of service requiring the...
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