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    Cayetano vs. Monsod

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    PDG Santos
    The Supreme Court dismissed the petition challenging the nomination of Christian Monsod as chairman of COMELEC. The petitioner claimed Monsod did not meet the 10-year practice of law requirement. The Court explained that the practice of law encompasses more than just litigation and includes services like legal advice, drafting documents, and representing clients. It found Monsod's experience as a lawyer-economist, manager, entrepreneur, negotiator, and legislator satisfied the constitutional requirement to have practiced law for at least 10 years. Therefore, the contention that Monsod lacked the necessary qualifications was incorrect.

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    Cayetano vs. Monsod

    Uploaded by

    PDG Santos
    67 views1 page
    The Supreme Court dismissed the petition challenging the nomination of Christian Monsod as chairman of COMELEC. The petitioner claimed Monsod did not meet the 10-year practice of law requirement. The Court explained that the practice of law encompasses more than just litigation and includes services like legal advice, drafting documents, and representing clients. It found Monsod's experience as a lawyer-economist, manager, entrepreneur, negotiator, and legislator satisfied the constitutional requirement to have practiced law for at least 10 years. Therefore, the contention that Monsod lacked the necessary qualifications was incorrect.

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    The Supreme Court dismissed the petition challenging the nomination of Christian Monsod as chairman of COMELEC. The petitioner claimed Monsod did not meet the 10-year practice of law requirement. The Court explained that the practice of law encompasses more than just litigation and includes services like legal advice, drafting documents, and representing clients. It found Monsod's experience as a lawyer-economist, manager, entrepreneur, negotiator, and legislator satisfied the constitutional requirement to have practiced law for at least 10 years. Therefore, the contention that Monsod lacked the necessary qualifications was incorrect.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    67 views1 page

    Cayetano vs. Monsod

    Uploaded by

    PDG Santos
    The Supreme Court dismissed the petition challenging the nomination of Christian Monsod as chairman of COMELEC. The petitioner claimed Monsod did not meet the 10-year practice of law requirement. The Court explained that the practice of law encompasses more than just litigation and includes services like legal advice, drafting documents, and representing clients. It found Monsod's experience as a lawyer-economist, manager, entrepreneur, negotiator, and legislator satisfied the constitutional requirement to have practiced law for at least 10 years. Therefore, the contention that Monsod lacked the necessary qualifications was incorrect.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    Cayetano vs.

    Monsod 201 SCRA 210 September 1991


    Cayetano vs. Monsod

    201 SCRA 210

    September 1991

    Facts: Respondent Christian Monsod was nominated by President Corazon C.


    Aquino to the position of chairman of the COMELEC. Petitioner opposed the
    nomination because allegedly Monsod does not posses required qualification of
    having been engaged in the practice of law for at least ten years. The 1987
    constitution provides in Section 1, Article IX-C: 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.

    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 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
    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 matters connected with the law incorporation
    services, assessment and condemnation services, contemplating an appearance
    before 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.

    The contention that Atty. Monsod does not posses the required qualification of
    having engaged in the practice of law for at least ten years is incorrect since Atty.
    Monsod’s past work experience as a lawyer-economist, a lawyer-manager, 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 COMELEC chairman, The respondent has been engaged in the
    practice of law for at least ten years does In the view of the foregoing, the petition is
    DISMISSED.

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