CAYETANO V MONSON

F: This an Action of the petitioner Cayetano to the Supreme court for the appointment of President
Corazon Aquino of Atty. Christian Monsod to the position of Chairman of the COMELEC on April 25,1991.
- - Thereafter it was confirmed by the Commission on Appointments on June 05, 1991. However, it was
opposed by the Atty. Rene Cayetano to the nomination of the respondent claiming that the respondent
has not possess the required qualification of having engaged in the practice of law for at least 10 years. -
Hence, Atty. Cayetano as a citizen and taxpayer, filed this instant petition of 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. - The respondents experience as follows: ○ He
passed the bar in 1960 and member of the IBP ○ Has been paying his IBP dues and professional license ○
Joined the law firm of his father prior to his graduation in the UP College of law ○ 1963-1970 he was a
member of the World Bank Group. ○ 1970 he worked on various companies as a legal consultant or CEO
prior to his return to the Philippines ○ 1986 he was Secretary General of NAMFREL( National Citizens'
Movement for Free Elections) Finally, he has committed as a Co-Chairman Bishops Business Conference
and has worked with underprivileged sectors ○ - Thus, The main argument here in this petition is that a
Business Executive or Corporate Manager and a lawyer who is not engaged of any litigations, cannot be
considered a practice of law. - I: Whether or not the respondent's experience can be considered as a
practice of law. R: Yes, The respondent's experience is considered as a practice of law. The supreme
Court ruled that based on a Jurisprudence of Philippine Lawyers Association V. Agvara: The practice of
law is not limited to the conduct of cases or litigation in court; it embraces the preparation of pleadings
and other papers incident to actions and special proceedings, the management of such actions and
proceedings on behalf of clients before judges and courts, and in addition, conveying. 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 a judicial body, the
foreclosure of a 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, as do the preparation and drafting of legal instruments, where the work done
involves the determination by the trained legal mind of the legal effect of facts and conditions.