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.Challenging the validity
of the confirmation by the Commission on Appointments of Monsod’s nomination,
petitioner as a citizen and taxpayer, filed the instant petition for certiorari and
prohibition praying that said confirmation and the consequent appointment of Monsod
as Chairman of the Commission on Elections be declared null and void.

ISSUE:
Whether or not the respondent posseses the required qualification of having engaged
in the practice of law for at least ten years.

HELD:
The Supreme Court ruled that Atty. Monsod possessed the required qualification. 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 o