CAYETANO VS. MONSOD; G.R. NO. 100113; SEPTEMBER 3, 1991

 G.R. NO. 100113                                                                                        SEPTEMBER 3, 1991

RENATO CAYETANO

VS. 

CHRISTIAN MONSOD, ET AL

FACTS:

        Monsod was nominated to the position of Chairman of the COMELEC on April 25, 1991, by then President Corazon Aquino. Petitioner Cayetano questioned the nomination because allegedly Monsod have not been engaged in the practice of law for at least 10 years. 

        Respondent Monsod has worked as a lawyer in the law office of his father from 1960 - 1963; As an operations officer with the World Bank Group from 1963 - 1970; CEO of an investment bank from 1970 - 1986; Consultant in various companies in 1986; Secretary General in 1986; member of the Constitutional Commission from 1986-1987; National Chairman of NAMFREL in 1987; and member of the quasi-judicial Davide Commission in 1990.

        On June 5, 1991, The Commission on Appointments confirmed the nomination of Monsod as Chairman of the COMELEC. June 18, 1991, he took his oath of office. Hence, the petitioner challenged the validity of the confirmation by the CA.

ISSUE:

    Whether or Not the respondent possesses the required qualification.

RULING:

    Yes. The Supreme Court ruled that Atty. Monsod indeed 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 matter connected with the law incorporation services, assessment and condemnation services, contemplating an appearance before the 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 perform those acts which are characteristics of the profession. In general, a practice of law requires a lawyer and client relationship, it is whether in or out of court. As such, the petition is dismissed."

    

 Practice of law means any activity, in or out court, which requires the application of law, legal procedure, knowledge, training and experience.