Cayetano vs. Monsod

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 knowledge and application of legal principles and technique to serve the interest of another with his consent
> not limited to appearing in court, or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and giving all legal advice to clients
- Land Title Abstract and Trust Co v Dworken
> one who in representative capacity engages in business of advising clients as to their rights under law, or while so engaged performs any act or acts either in court or outside of court
- UP Law Center
> advocacy, counseling, public service
- Alexander SyCip
> appearance of lawyer in litigation is most publicly familiar role of lawyers as well as an uncommon role for the average lawyer
> more legal work is transacted in law offices that in the courtrooms
> business counseling than trying cases; as planner, diagnostician, trial lawyer, surgeon
- article on Business Star
> emerging trends in corporate law