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    Cayetano v. Monsod

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    Ron Ace
    This case involved the challenge of Renato Cayetano to the nomination and confirmation of Christian Monsod as Chairman of COMELEC on the basis that Monsod did not have 10 years of practice of law. The Supreme Court ruled that Monsod possessed the required qualifications based on prior cases defining practice of law broadly to include legal work beyond litigation, and Monsod's experience as a lawyer working in his father's law office, as an operations officer providing legal and economic consultation, as CEO of various companies where he provided legal services, and in various public positions involving legal work satisfied the 10 year requirement.

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    Cayetano v. Monsod

    Uploaded by

    Ron Ace
    15 views1 page
    This case involved the challenge of Renato Cayetano to the nomination and confirmation of Christian Monsod as Chairman of COMELEC on the basis that Monsod did not have 10 years of practice of law. The Supreme Court ruled that Monsod possessed the required qualifications based on prior cases defining practice of law broadly to include legal work beyond litigation, and Monsod's experience as a lawyer working in his father's law office, as an operations officer providing legal and economic consultation, as CEO of various companies where he provided legal services, and in various public positions involving legal work satisfied the 10 year requirement.

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    This case involved the challenge of Renato Cayetano to the nomination and confirmation of Christian Monsod as Chairman of COMELEC on the basis that Monsod did not have 10 years of practice of law. The Supreme Court ruled that Monsod possessed the required qualifications based on prior cases defining practice of law broadly to include legal work beyond litigation, and Monsod's experience as a lawyer working in his father's law office, as an operations officer providing legal and economic consultation, as CEO of various companies where he provided legal services, and in various public positions involving legal work satisfied the 10 year requirement.

    Copyright:

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

    Cayetano v. Monsod

    Uploaded by

    Ron Ace
    This case involved the challenge of Renato Cayetano to the nomination and confirmation of Christian Monsod as Chairman of COMELEC on the basis that Monsod did not have 10 years of practice of law. The Supreme Court ruled that Monsod possessed the required qualifications based on prior cases defining practice of law broadly to include legal work beyond litigation, and Monsod's experience as a lawyer working in his father's law office, as an operations officer providing legal and economic consultation, as CEO of various companies where he provided legal services, and in various public positions involving legal work satisfied the 10 year requirement.

    Copyright:

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

    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 proceedings, the management of such actions and
    proceedings on behalf of clients before judges and courts, and in addition, conveying.

    Taking into consideration the modern definition of practice of law and the liberal construction intended by the
    framers of the Constitution, verily more than satisfy the constitutional requirement — that he has been
    engaged in the practice of law for at least ten years.

    Cayetano v. Monsod, G.R. No. 100113, Sept. 3, 1991

    FACTS:
    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. Commission on Appointments
    confirmed Monsod’s nomination. Cayetano opposed and challenged the nomination and the subsequent
    confirmation of the Commission because allegedly Monsod does not possess the required qualification of
    having been engaged in the practice of law for at least ten years.

    ISSUE:
    Whether or not Monsod possesses the required qualification for the position of Chairman of COMELEC.

    RULING:
    Yes, Monsod possesses the required qualification for the position. The case of Philippine Lawyers Association
    v. Agrava stated that 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 proceedings, 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 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, as do the preparation and drafting of legal instruments, where the work done involves the
    determination by the trained legal mind of the legal effect of facts and conditions.”

    Interpreted in the light of the various definitions of the term “practice of law”, particularly the modern
    concept of law practice, and taking into consideration the liberal construction intended by the framers of the
    Constitution, Atty. Monsod is a member of the Philippine Bar, having passed the bar examinations of 1960
    with the grade of 86.55%. He has been a dues paying member of the Integrated Bar of the Philippines. After
    passing the Bar, he worked in his father’s law office. Monsod also worked as an operations officer for World
    Bank Group (1963-1970). Upon his return to the Philippines, he worked as Chief Executive officer of Meralco
    Group, and subsequently rendered service to various company either as legal and economic consultant or as
    chief executive officer. He also served as former Secretary General (1986), and National Chairman of NAMFREL
    (1987), as a member of the Constitutional Commission (1986-1987) and Davide Commission (1990), and as
    Chairman of Committee on Accountability of Public Officers.

    Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of


    industry, a lawyer-negotiator of contracts, and a lawyer- legislator of both the rich and the poor — verily more
    than satisfy the constitutional requirement — that he has been engaged in the practice of law for at least ten
    years.

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