Cayetano v Monsod 201 SCRA 210

Facts :

Monsod was a lawyer for both the rich and the poor, holding several varied positions
in and out of the government and also has been the legal counsel of some
corporation including multinational corporations (MNCs).

Atty Christian Monsod was appointed by then President Corazon Aquino as the
chairman of the commission on elections. On June 5, 1991 the said appointment
was confirmed by the Commission on Appointments and thenafter he took an oath
of office on June 18, 1991. He immediately occupied the position on the same day.

Herein petitioner appearing as both a citizen and taxpayer of the Philippines

opposed the said nomination. Challenging the validity of said appointment, he file a
petition for Certiorari and Prohibition thus praying that the said nomination be
declared as null and void.

Said petitioner claims that Monsod was unfit for said position because in order to be
appointed as a commissioner, one of the strict requirements is that one should be
practicing law for atleast 10 years, a qualification, that the petitioner believes
Monsod fell short of in order to qualify.

Issue:

Whether or Not Atty Christian Monsod possesses the qualification (Practicing lawyer
for Ten(10) years ) that will deem him fit for the said position being the
Commissioner of the COMELEC?

Ruling:

YES. In order to fully understand the situation, we should first define what is
"practice of law" as enunciated by several jurisprudence.

One of these long line of cases is the (PLA)Philippine Lawyers' Association v.

Argrava. In this case the Supreme Court held : " 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."

This ruling defined what is the paramaters as to how one should view or identify
what practice of law is. It is not an activity confined inside the court only, but it also
covers other matters as long as it uses legal knowledge and expertise, like being in
private firms and companies acting as their legal aid , or even in teaching at law
schools, thus the SC in that case also held :

"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. In
general, a practice of law requires a lawyer and client relationship, it is whether in or
out of court. As such, the petition is dismissed."

Atty Christian Monsod, being a lawyer that continues to practice law for more than
10 years before his appointment as commissioner was clearly been proven. From
being an operations officer during 1970 up to being one of the members of the
Constitutional Commission, and in between those dates are a few more distinct
positions in and out of the government. Acting as an officer that uses his legal
expertise and thus the application of the law and legal principles.