Basea, Cesar Paul C.

JRU College of Law

G.R. No. 100113 September 3, 1991

RENATO CAYETANO, petitioner,

vs.
CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON.
GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents.

Paras, J.

Facts:
Respondent Christian Monsod was nominated by President Corazon C. Aquino to the
position of Chairman of the COMELEC. On April 25, 1991. Petitioner opposed the
nomination because allegedly Monsod does not possess the required qualification of
having been engaged in 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.

Petitioner’s Contention: Challenging the validity of the confirmation by the Commission

on Appointments of Monsod's nomination, petitioner prays that said confirmation and the
consequent appointment of Monsod as Chairman of the Commission on Elections be
declared null and void.

Respondent’s Contention: 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 a 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.

Atty. Monsod worked in the law office of his father. During his stint in the World Bank
Group (1963-1970), Monsod worked as an operations officer for about two years in Costa
Rica and Panama, which involved getting acquainted with the laws of member-countries
negotiating loans and coordinating legal, economic, and project work of the Bank. Upon
returning to the Philippines in 1970, he worked with the Meralco Group, served as chief
executive officer of an investment bank and subsequently of a business conglomerate,
and since 1986, has rendered services to various companies as a legal and economic
consultant or chief executive officer. As former Secretary-General (1986) and National
Chairman (1987) of NAMFREL. Monsod's work involved being knowledgeable in election
law. He appeared for NAMFREL in its accreditation hearings before the Comelec. In the
field of advocacy, Monsod, in his personal capacity and as former Co-Chairman of the
Bishops Businessmen's Conference for Human Development, has worked with the under
privileged sectors, such as the farmer and urban poor groups, in initiating, lobbying for
and engaging in affirmative action for the agrarian reform law and lately the urban land
reform bill. Monsod also made use of his legal knowledge as a member of the Davide
Commission, a quast judicial body, which conducted numerous hearings (1990) and as a
member of the Constitutional Commission (1986-1987), and Chairman of its Committee
on Accountability of Public Officers,

Issue:
Whether or not respondent Christian Monsod possess the constitutional requirement that
he must have 10 years of practice of law.

Ruling:
Yes. 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'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.

Black law dictionary defines practice of law as “knowledge and the application of legal
principles and technique to serve the interest of another with his consent. It is not limited
to appearing in court, or advising and assisting in the conduct of litigation, but embraces
the preparation of pleadings, and other papers incident to actions and special
proceedings, conveyancing, the preparation of legal instruments of all kinds, and the
giving of all legal advice to clients connected with the law.
 Basea, Cesar Paul C.
JRU College of Law

The practice of law is not limited to the conduct of cases in court. A person is also
considered to be in the practice of law when he: 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 and performs any act or acts for the purpose of
obtaining or defending the rights of their clients under the law. 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.

Moreover, in Philippine Lawyers Association v. Agrava, the Court 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 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.

Practice of law under modem conditions consists in no small part of work performed
outside of any court and having no immediate relation to proceedings in court. It
embraces conveyancing, the giving of legal advice on a large variety of subjects, and the
preparation and execution of legal instruments covering an extensive field of business
and trust relations and other affairs. Although these transactions may have no direct
connection with court proceedings, they are always subject to become involved in
litigation. They require in many aspects a high degree of legal skill, a wide experience
with men and affairs, and great capacity for adaptation to difficult and complex situations.
These customary functions of an attorney or counselor at law bear an intimate relation to
the administration of justice by the courts. No valid distinction, so far as concerns the
question set forth in the order, can be drawn between that part of the work of the lawyer
which involves appearance in court and that part which involves advice and drafting of
instruments in his office. It is of importance to the welfare of the public that these manifold
customary functions be performed by persons possessed of adequate learning and skill,
of sound moral character, and acting at all times under the heavy trust obligations to
clients which rests upon all attorneys.

Therefore: Practice of law means any activity, in or out of 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.

Other relevant part in the decision not pertaining to subject matter: It is well-settled that when the
appointee is qualified, as in this case, and all the other legal requirements are satisfied, the Commission has no
alternative but to attest to the appointment in accordance with the Civil Service Law. The Commission has no
authority to revoke an appointment on the ground that another person is more qualified for a particular position.
It also has no authority to direct the appointment of a substitute of its choice. To do so would be an
encroachment on the discretion vested upon the appointing authority. An appointment is essentially within the
discretionary power of whomsoever it is vested, subject to the only condition that the appointee should possess
the qualifications required by law.

G.R. No. 100113 September 3, 1991

DISSENTING OPINIONS:

Facts:
Respondent Christian Monsod was nominated by President Corazon C. Aquino to the
position of Chairman of the COMELEC. On April 25, 1991. Petitioner opposed the
nomination because allegedly Monsod does not possess the required qualification of
having been engaged in 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.
 Basea, Cesar Paul C.
JRU College of Law

Petitioner’s Contention: Challenging the validity of the confirmation by the Commission

on Appointments of Monsod's nomination, petitioner prays that said confirmation and the
consequent appointment of Monsod as Chairman of the Commission on Elections be
declared null and void.

Respondent’s Contention: 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 a 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.

Atty. Monsod worked in the law office of his