CAYETANO V.

MONSOD
Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino
to the position of Chairman of the COMELEC in a letter received by the Secretariat of
the Commission on Appointments on April 25, 1991. Petitioner opposed the
nomination because allegedly Monsod does not possess the required qualification of
having been engagedin the practice of law for at least ten years.
On June 5, 1991, the Commission on Appointments confirmed the nomination
of Monsod as Chairman of the COMELEC. On June 18, 1991, he took his oath of
office. On the same day, he assumed office as Chairman of the COMELEC.
Challenging the validity of the confirmation by the Commission on Appointments of
Monsod's nomination, petitioner as a citizen and taxpayer, filed the instant petition
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.
Issue:
Whether or not Monsod satisfies the requirement of the position of Chairman of the
COMELEC.
Held: YES
The 1987 Constitution provides in Section 1 (1), Article IX-C, that there shall
be a Commission on Elections composed of a Chairman and six Commissioners 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 must
not have been candidates for any elective position in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be members of
the Philippine Bar who have been engaged in the practice of law for at least ten
years. Atty. Christian Monsod is a member of the Philippine Bar, having passed the
bar examinations of 1960 with a grade of 86-55%. He has been dues paying
member of the Integrated Bar of the Philippines since its inception in 1972-73. He
has also been paying his professional license fees as lawyer for more than ten
years.
In the case of Philippine Lawyers Association vs. Agrava: The practice of law
is not limited to the conduct of cases or litigation in courtIn 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 judicial body, the foreclosure of mortgage, enforcement of a
creditors 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 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. In
general, a practice of law requires a lawyer and client relationship, it is whether in
or out of court.

A person is also considered to be in the practice of law when he: . . . for

valuable consideration engages in the business of advising person, firms,
associations or corporations as to their rights under the law, or appears in a
representative capacity as an advocate in proceedings pending or prospective,
before any court, commissioner, referee, board, body, committee, or commission
constituted by law or authorized to settle controversies. Otherwise stated, one who,
in a representative capacity, engages in the business of advising clients as to their
rights under the law, or while so engaged performs any act or acts either in court or
outside of court for that purpose, is engaged in the practice of law.