Title of the case: RENATO L. CAYETANO, Petitioner, v. CHRISTIAN MONSOD, HON.

JOVITO R. SALONGA, COMMISSION ON APPOINTMENTS, and HON. GUILLERMO

CARAGUE in his capacity as Secretary of Budget and Management, Respondents.
G.R. No. and Date: G.R. No. 100113. September 3, 1991.
Ponente: PARAS, J
Legal Doctrine:
Practice of Law specifically in;
The 1987 Constitution Section 1(1), Article IX-C
The practice of law means any activity, in or out of the court, which requires the application of
law. "To engage in the practice of law is to perform those acts which are characteristics of the
profession." (111 ALR 23)
Facts
1. Respondent Atty. Christian Monson was appointed by President Corazan Aquino as the
position of Chairman of the COMELEC in a letter received by the Secretariat of the
Commission on Appointments on April 25, 1991.
2. The Petitioner, Cayetano, opposed the nomination because allegedly Monsod does not
possess the required qualification of having the qualification of having to practice law for
at least ten years.
3. Atty. Monsod’s qualifications satisfy the constitutional requirement according to the
liberal definition of the practice of law.
4. The court decided that the power is beyond judicial interference unless grave abuse is
shown because of lack of jurisdiction.
Issue/s:
1. Does Monsod fulfill the requirement for having practiced law for 10 years?
2. Did the Commission on Appointments commit grave abuse of discretion in confirming
Monsod’s appointment

Ruling:
1. YES. The court decided that the practice of the law is not limited to representing and
defending clients in court (Trust Co. V. Dorken). In other words, as long they consider
themselves using the legal knowledge in their field of work they will be considered to be
engaged in the practice of law.
2. NO. The power of the COA to give consent to the nomination of the Comelec Chairman by
the president is mandated by the constitution under Section 1(2) Sub-Article C, Article IX of the
Constitution.