Summary:

The case of Renato Cayetano vs Christian Monsod et al. involves the interpretation of the
phrase "practice of law" as a legal qualification for an appointive office. The case has far-
reaching implications on the political aspect of the country's national existence. The
1987 Constitution provides that a majority of the Commission on Elections (COMELEC),
including the Chairman, shall be members of the Philippine Bar who have been engaged
in the practice of law for at least ten years. However, there is no jurisprudence as to what
constitutes the practice of law.

Key takeaways:
1. The case involves the interpretation of the phrase "practice of law" as a legal
qualification for an appointive office.
2. The case has far-reaching implications on the political aspect of the country's national
existence.
3. The 1987 Constitution provides that a majority of the COMELEC, including the
Chairman, shall be members of the Philippine Bar who have been engaged in the
practice of law for at least ten years.

Counter arguments:
1. There is no jurisprudence as to what constitutes the practice of law.
2. The University of the Philippines Law Center has adopted a liberal interpretation of the
term "practice of law."

Cayetano vs. Monsod G.R. No. 100113, September 3, 1991

Facts:

The 1987 Constitution provides in Section 1 (1), Article IX-C that the Chairman and six
Commissioners of the Commission on Elections must be members of the Philippine Bar
who have been engaged in the practice of law for at least ten years. Respondent
Christian Monsod was nominated by President Corazon Aquino to the position of
Chairman of the Commission on Elections. Petitioner Renato Cayetano opposed the
nomination on the ground that Monsod had not been engaged in the practice of law for
the required ten years.

Issue:

What constitutes practice of law as a legal qualification to an appointive office?

Held:

The practice of law is not limited to the conduct of cases 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, conveyancing. 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. The records of the
1986 Constitutional Commission show that it has adopted a liberal interpretation of the
term "practice of law." Service in the Commission on Audit by a lawyer is equivalent to
the requirement of a law practice that is set forth in the Article on the Commission on
Audit. The Court held that Monsod had been engaged in the practice of law for the
required ten years. The nomination of Monsod was thus upheld.