Professional Documents
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Summary Cases:
Subject:
Facts:
This petition for Certiorari and Prohibition filed by Cayetano prays that the Commission on Election’s
confirmation and subsequent appointment of Monsod be declared null and void because the latter fails to
meet the constitutional requirement of having been engaged in the practice of law for at least 10 years.
Held:
instruments, where the work done involves the determination by the trained legal mind of the legal effect
of facts and conditions”
3. To engage in the practice of law is to perform those acts which are characteristics of the profession.
Generally, to practice law is to give notice or render any kind of service, which device or service requires
the use in any degree of legal knowledge or skill.”
4. Atty. Monsod has been a member of the Philippine Bar since 1960, and has been a member of the
Integrated Bar of the Philippines since its inception in 1972. He has also been paying his professional
fees as a lawyer for more than ten years.
6. The judgment rendered by the Commission in the exercise of such an acknowledged power is beyond
judicial interference
interference except only upon a clear showing of a grave abuse of discretion amounting
amounting to lack or
excess of jurisdiction.
jurisdiction. (Art. VIII, Sec. 1 Constitution).
7. The Commission on the basis of evidence submitted during the public hearings on Monsod’s
confirmation, implicitly determined
determined that he possessed the necessary qualifications as required by law.
This no occasion for the exercise of the Court’s corrective power, since no abuse has been shown.
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