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Cayetano vs.

Monsod 201 SCRA 21 0September 1991 Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino tothe position of chairman of the COMELEC. Petitioner opposed the nomination becauseallegedly Monsod does not posses required qualification of having been engaged in thepractice of law for at least ten years. The 1987 constitution provides in Section 1, ArticleIX-C: There shall be a Commission on Elections composed of a Chairman and sixCommissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and mustnot have been candidates for any elective position in the immediately preceding elections.However, a majority thereof, including the Chairman, shall be members of the PhilippineBar who have been engaged in the practice of law for at least ten years. Issue: Whether the respondent does not posses the required qualification of having engaged in the practice of law for at least ten years.

Held: In the case of Philippine Lawyers Association vs. Agrava, stated: The practice of lawis 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 proceeding, 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 mattersconnected with the law incorporation services, assessment and condemnation services,contemplating an appearance before judicial body, the foreclosure of mortgage,enforcement of a creditors claim in bankruptcy and insolvency proceedings, andconducting proceedings in attachment, and in matters of estate and guardianship have beenheld to constitute law practice. Practice of law means any activity, in or out court, whichrequires the application of law, legal procedure, knowledge, training and experience.The contention that Atty. Monsod does not posses the required qualification of havingengaged in the practice of law for at least ten years is incorrect since Atty. Monsods pastwork experience as a lawyer-economist, a lawyermanager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both rich and the poor verily more than satisfy the constitutional requirement for the position of COMELECchairman, The respondent has been engaged in the practice of law for at least ten yearsdoes In the view of the foregoing, the petition is DISMISSED.