SECOND DIVISION G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON.

JOVITO R. SALONGA, COMMISSION ON A OINTMENT, !"# HON. G$ILLERMO CARAG$E, %" &%' (!p!(%t) !' Se(ret!r) o* +,#-et !"# M!"!-eme"t, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner.

ARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensi ly only legal iss!es are involved, the Co!rt"s decision in this case wo!ld ind! ita ly have a profo!nd effect on the political aspect of o!r national e#istence. $he %&'( Constit!tion provides in Section % )%*, +rticle I,-C$here shall e a Co..ission on Elections co.posed of a Chair.an and si# Co..issioners who shall e nat!ral- orn citi/ens of the 0hilippines and, at the ti.e of their appoint.ent, at least thirty-five years of age, holders of a college degree, and .!st not have een candidates for any elective position in the i..ediately preceding -elections. 1owever, a .a2ority thereof, incl!ding the Chair.an, shall e .e. ers of the 0hilippine 3ar who have een engaged in the practice of law for at least ten years. )E.phasis s!pplied* $he afore4!oted provision is patterned after Section l)l*, +rticle ,II-C of the %&(5 Constit!tion which si.ilarly provides$here shall e an independent Co..ission on Elections co.posed of a Chair.an and eight Co..issioners who shall e nat!ral- orn citi/ens of the 0hilippines and, at the ti.e of their appoint.ent, at least thirty-five years of age and holders of a college degree. 1owever, a .a2ority thereof, incl!ding the Chair.an, shall e .e. ers of the 0hilippine 3ar who ha e been en!a!ed in the practice of law for at least ten years." )E.phasis s!pplied* 6egretta ly, however, there see.s to e no 2!rispr!dence as to what constit!tes practice of law as a legal 4!alification to an appointive office. 3lac7 defines 8practice of law8 as$he rendition of services re4!iring the 7nowledge and the application of legal principles and techni4!e to serve the interest of another with his consent. It is not li.ited to appearing in co!rt, or advising and assisting in the cond!ct of litigation, !t e. races the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instr!.ents of all 7inds, and the giving of all legal advice to clients. It e. races all advice to clients and all actions ta7en for the. in .atters connected with the law. +n attorney engages in the practice of law y .aintaining an office where he is held o!t to e-an attorney, !sing a letterhead descri ing hi.self as an attorney, co!nseling clients in legal .atters, negotiating with opposing co!nsel a o!t pending litigation, and fi#ing and collecting fees for services rendered y his associate. ) "lac#$s Law %ictionary, 5rd ed.*

$he practice of law is not li.ited to the cond!ct of cases in co!rt. ) Land &itle Abstract and &rust Co. . %wor#en, %9& Ohio St. 95, %&5 N.E. :;<* + person is also considered to e in the practice of law when he... for val!a le consideration engages in the !siness of advising person, fir.s, associations or corporations as to their rights !nder the law, or appears in a representative capacity as an advocate in proceedings pending or prospective, efore any co!rt, co..issioner, referee, oard, ody, co..ittee, or co..ission constit!ted y law or a!thori/ed to settle controversies and there, in s!ch representative capacity perfor.s any act or acts for the p!rpose of o taining or defending the rights of their clients !nder the law. Otherwise stated, one who, in a representative capacity, engages in the !siness of advising clients as to their rights !nder the law, or while so engaged perfor.s any act or acts either in co!rt or o!tside of co!rt for that p!rpose, is engaged in the practice of law. ) State e'. rel. Mc#ittric# ..C.S. %udley and Co., %<9 S.W. 9d '&;, 5=< >o. ';9* $his Co!rt in the case of (hilippine Lawyers Association .A!ra a, )%<; 0hil. %(5,%(:-%((* stated&he practice of law is not li.ited to the cond!ct of cases or liti!ation in court? it e. races the preparation of pleadings and other papers incident to actions and special proceedings, the .anage.ent of s!ch actions and proceedings on ehalf of clients efore 2!dges and co!rts, and in addition, conveying. In general, all ad ice to clients, and all action ta7en for the. in .attersconnected with the law incorporation services, assess.ent and conde.nation services conte.plating an appearance efore a 2!dicial ody, the foreclos!re of a .ortgage, enforce.ent of a creditor"s clai. in an7r!ptcy and insolvency proceedings, and cond!cting proceedings in attach.ent, and in .atters of estate and g!ardianship have een held to constit!te law practice, as do the preparation and drafting of legal instr!.ents, where the wor# done in ol es the deter)ination by the trained le!al )ind of the le!al effect of facts and conditions. ); +.. @r. p. 9:9, 9:5*. )E.phasis s!pplied* (ractice of law !nder .ode. conditions consists in no s.all part of wor7 perfor.ed o!tside of any co!rt and having no i..ediate relation to proceedings in co!rt. It e. races conveyancing, the giving of legal advice on a large variety of s! 2ects, and the preparation and e#ec!tion of legal instr!.ents covering an e#tensive field of !siness and tr!st relations and other affairs. Althou!h these transactions )ay ha e no direct connection with court proceedin!s, they are always sub*ect to beco)e in ol ed in liti!ation . $hey re4!ire in .any aspects a high degree of legal s7ill, a wide e#perience with .en and affairs, and great capacity for adaptation to diffic!lt and co.ple# sit!ations. $hese c!sto.ary f!nctions of an attorney or co!nselor at law ear an inti.ate relation to the ad.inistration of 2!stice y the co!rts. No valid distinction, so far as concerns the 4!estion set forth in the order, can e drawn etween that part of the wor7 of the lawyer which involves appearance in co!rt and that part which involves advice and drafting of instr!.ents in his office. It is of i.portance to the welfare of the p! lic that these .anifold c!sto.ary f!nctions e perfor.ed y persons possessed of ade4!ate learning and s7ill, of so!nd .oral character, and acting at all ti.es !nder the heavy tr!st o ligations to clients which rests !pon all attorneys. )>oran, Co))ents on the Rules of Court , Vol. 5 A%&;5 ed.B , p. ::;-:::, citing +n re ,pinion of the JusticesA>ass.B, %&= N.E. 5%5, 4!oted in Rhode +s. "ar Assoc. . Auto)obile Ser ice Assoc . A6.I.B %(& +. %5&,%==*. )E.phasis o!rs* $he Cniversity of the 0hilippines Daw Center in cond!cting orientation riefing for new lawyers )%&(=-%&(;* listed the di.ensions of the practice of law in even roader ter.s as advocacy, co!nselling and p! lic service. One .ay e a practicing attorney in following any line of e.ploy.ent in the profession. If what he does e#acts 7nowledge of the law and is of a 7ind !s!al for attorneys engaging in the active practice of their profession, and he follows so.e one or .ore lines of e.ploy.ent

s!ch as this he is a practicing attorney at law within the .eaning of the stat!te. ) "arr . Cardell, %;; NW 5%9* 0ractice of law .eans any activity, in or o!t of co!rt, which re4!ires the application of law, legal proced!re, 7nowledge, training and e#perience. 8$o engage in the practice of law is to perfor. those acts which are characteristics of the profession. Eenerally, to practice law is to give notice or render any 7ind of service, which device or service re4!ires the !se in any degree of legal 7nowledge or s7ill.8 )%%% +D6 95* $he following records of the %&': Constit!tional Co..ission show that it has adopted a li eral interpretation of the ter. 8practice of law.8 >6. FOG. 3efore we s!spend the session, .ay I .a7e a .anifestation which I forgot to do d!ring o!r review of the provisions on the Co..ission on +!dit. >ay I e allowed to .a7e a very rief state.entH $1E 06ESIDINE OFFICE6 )>r. @a.ir*. $he Co..issioner will please proceed. >6. FOG. &his has to do with the -ualifications of the )e)bers of the Co))ission on Audit. A)on! others, the -ualifications pro ided for by Section + is that .&hey )ust be Me)bers of the (hilippine "ar. / + a) -uotin! fro) the pro ision / .who ha e been en!a!ed in the practice of law for at least ten years.. $o avoid any .is!nderstanding which wo!ld res!lt in e#cl!ding .e. ers of the 3ar who are now e.ployed in the CO+ or Co..ission on +!dit, we would li#e to )a#e the clarification that this pro ision on -ualifications re!ardin! )e)bers of the "ar does not necessarily refer or in ol e actual practice of law outside the C,A 0e ha e to interpret this to )ean that as lon! as the lawyers who are e)ployed in the C,A are usin! their le!al #nowled!e or le!al talent in their respecti e wor# within C,A, then they are -ualified to be considered for appoint)ent as )e)bers or co))issioners, e en chair)an, of the Co))ission on Audit. $his has een disc!ssed y the Co..ittee on Constit!tional Co..issions and +gencies and we dee. it i.portant to ta7e it !p on the floor so that this interpretation .ay e .ade availa le whenever this provision on the 4!alifications as regards .e. ers of the 0hilippine 3ar engaging in the practice of law for at least ten years is ta7en !p. >6. O0DE. Will Co..issioner Fo/ yield to 2!st one 4!estion. >6. FOG. Ies, >r. 0residing Officer. >6. O0DE. +s he, in effect, sayin! that ser ice in the C,A by a lawyer is e-ui alent to the re-uire)ent of a law practice that is set forth in the Article on the Co))ission on Audit1 >6. FOG. 0e )ust consider the fact that the wor# of C,A, althou!h it is auditin!, will necessarily in ol e le!al wor#2 it will in ol e le!al wor#. And, therefore, lawyers who are e)ployed in C,A now would ha e the necessary -ualifications in accordance with the (ro ision on -ualifications under our pro isions on the Co))ission on Audit. And, therefore, the answer is yes. >6. O0DE. Ies. So that the constr!ction given to this is that this is e4!ivalent to the practice of law. >6. FOG. 3es, Mr. (residin! ,fficer.

>6. O0DE. &han# you. ... ) E.phasis s!pplied* Section %)%*, +rticle I,-D of the %&'( Constit!tion, provides, a.ong others, that the Chair.an and two Co..issioners of the Co..ission on +!dit )CO+* sho!ld either e certified p! lic acco!ntants with not less than ten years of a!diting practice, or .e. ers of the 0hilippine 3ar who have een engaged in the practice of law for at least ten years. )e.phasis s!pplied* Corollary to this is the ter. 8private practitioner8 and which is in .any ways synony.o!s with the word 8lawyer.8 $oday, altho!gh .any lawyers do not engage in private practice, it is still a fact that the .a2ority of lawyers are private practitioners. )Eary >!nne7e, ,pportunities in Law Careers AVE> Career 1ori/onsIllinoisB, A%&':B, p. %;*. +t this point, it .ight e helpf!l to define pri ate practice. $he ter., as co..only !nderstood, .eans 8an individ!al or organi/ation engaged in the !siness of delivering legal services.8 ) +bid.*. Dawyers who practice alone are often called 8sole practitioners.8 Ero!ps of lawyers are called 8fir.s.8 $he fir. is !s!ally a partnership and .e. ers of the fir. are the partners. So.e fir.s .ay e organi/ed as professional corporations and the .e. ers called shareholders. In either case, the .e. ers of the fir. are the e#perienced attorneys. In .ost fir.s, there are yo!nger or .ore ine#perienced salaried attorneyscalled 8associates.8 )+bid.*. $he test that defines law practice y loo7ing to traditional areas of law practice is essentially ta!tologo!s, !nhelpf!l defining the practice of law as that which lawyers do. )Charles W. Wolfra., Modern Le!al EthicsAWest 0! lishing Co.- >innesota, %&':B, p. ;&5*. $he practice of law is defined as the perfor.ance of any acts . . . in or o!t of co!rt, co..only !nderstood to e the practice of law. ) State "ar Ass$n . Connecticut "an# 4 &rust Co., %=; Conn. 999, %=< +.9d ':5, '(< A%&;'B A4!oting Grie ance Co)). . (ayne, %9' Conn. 59;, 99 +.9d :95, :9: A%&=%B*. 3eca!se lawyers perfor. al.ost every f!nction 7nown in the co..ercial and govern.ental real., s!ch a definition wo!ld o vio!sly e too glo al to e wor7a le. )Wolfra., op. cit.*. $he appearance of a lawyer in litigation in ehalf of a client is at once the .ost p! licly fa.iliar role for lawyers as well as an !nco..on role for the average lawyer. >ost lawyers spend little ti.e in co!rtroo.s, and a large percentage spend their entire practice witho!t litigating a case. ) +bid., p. ;&5*. Nonetheless, .any lawyers do contin!e to litigate and the litigating lawyer"s role colors .!ch of oth the p! lic i.age and the self perception of the legal profession. ) +bid.*. In this regard th!s, the do.inance of litigation in the p! lic .ind reflects history, not reality. ) +bid.*. Why is this soH 6ecall that the late +le#ander SyCip, a corporate lawyer, once artic!lated on the i.portance of a lawyer as a !siness co!nselor in this wise- 8Even today, there are still !ninfor.ed lay.en whose concept of an attorney is one who principally tries cases efore the co!rts. $he .e. ers of the ench and ar and the infor.ed lay.en s!ch as !siness.en, 7now that in .ost developed societies today, s! stantially .ore legal wor7 is transacted in law offices than in the co!rtroo.s. Eeneral practitioners of law who do oth litigation and non-litigation wor7 also 7now that in .ost cases they find the.selves spending .ore ti.e doing what AisB loosely desccri eAdB as !siness co!nseling than in trying cases. $he !siness lawyer has een descri ed as the planner, the diagnostician and the trial lawyer, the s!rgeon. IAtB need not A eB stressAedB that in law, as in .edicine, s!rgery sho!ld e avoided where internal .edicine can e effective.8 )"usiness Star, 8Corporate Finance Daw,8 @an. %%, %&'&, p. =*. In the co!rse of a wor7ing day the average general practitioner wig engage in a n!. er of legal tas7s, each involving different legal doctrines, legal s7ills, legal processes, legal instit!tions, clients, and other interested parties. Even the increasing n!. ers of lawyers in speciali/ed practice wig !s!ally perfor. at least so.e legal services o!tside their specialty. +nd even within a narrow specialty s!ch as ta# practice, a

lawyer will shift fro. one legal tas7 or role s!ch as advice-giving to an i.portantly different one s!ch as representing a client efore an ad.inistrative agency. )Wolfra., supra, p. :'(*. 3y no .eans will .ost of this wor7 involve litigation, !nless the lawyer is one of the relatively rare types J a litigator who speciali/es in this wor7 to the e#cl!sion of .!ch else. Instead, the wor7 will re4!ire the lawyer to have .astered the f!ll range of traditional lawyer s7ills of client co!nselling, advice-giving, doc!.ent drafting, and negotiation. +nd increasingly lawyers find that the new s7ills of eval!ation and .ediation are oth effective for .any clients and a so!rce of e.ploy.ent. ) +bid.*. >ost lawyers will engage in non-litigation legal wor7 or in litigation wor7 that is constrained in very i.portant ways, at least theoretically, so as to re.ove fro. it so.e of the salient feat!res of adversarial litigation. Of these special roles, the .ost pro.inent is that of prosec!tor. In so.e lawyers" wor7 the constraints are i.posed oth y the nat!re of the client and y the way in which the lawyer is organi/ed into a social !nit to perfor. that wor7. $he .ost co..on of these roles are those of corporate practice and govern.ent legal service. )+bid.*. In several iss!es of the "usiness Star, a !siness daily, herein elow 4!oted are e.erging trends in corporate law practice, a depart!re fro. the traditional concept of practice of law. We are e#periencing today what tr!ly .ay e called a revol!tionary transfor.ation in corporate law practice. Dawyers and other professional gro!ps, in partic!lar those .e. ers participating in vario!s legal-policy decisional conte#ts, are finding that !nderstanding the .a2or e.erging trends in corporation law is indispensa le to intelligent decision-.a7ing. Constr!ctive ad2!st.ent to .a2or corporate pro le.s of today re4!ires an acc!rate !nderstanding of the nat!re and i.plications of the corporate law research f!nction acco.panied y an accelerating rate of infor.ation acc!.!lation. $he recognition of the need for s!ch i.proved corporate legal policy for.!lation, partic!larly 8.odel-.a7ing8 and 8contingency planning,8 has i.pressed !pon !s the inade4!acy of traditional proced!res in .any decisional conte#ts. In a co.ple# legal pro le. the .ass of infor.ation to e processed, the sorting and weighing of significant conditional factors, the appraisal of .a2or trends, the necessity of esti.ating the conse4!ences of given co!rses of action, and the need for fast decision and response in sit!ations of ac!te danger have pro.pted the !se of sophisticated concepts of infor.ation flow theory, operational analysis, a!to.atic data processing, and electronic co.p!ting e4!ip.ent. Cnderstanda ly, an i.proved decisional str!ct!re .!st stress the predictive co.ponent of the policy-.a7ing process, wherein a 8.odel8, of the decisional conte#t or a seg.ent thereof is developed to test pro2ected alternative co!rses of action in ter.s of f!t!ristic effects flowing therefro.. +ltho!gh .e. ers of the legal profession are reg!larly engaged in predicting and pro2ecting the trends of the law, the s! 2ect of corporate finance law has received relatively little organi/ed and for.ali/ed attention in the philosophy of advancing corporate legal ed!cation. Nonetheless, a crossdisciplinary approach to legal research has eco.e a vital necessity. Certainly, the general orientation for prod!ctive contri !tions y those trained pri.arily in the law can e i.proved thro!gh an early introd!ction to .!lti-varia le decisional conte#t and the vario!s approaches for handling s!ch pro le.s. Dawyers, partic!larly with either a .aster"s or doctorate degree in !siness ad.inistration or .anage.ent, f!nctioning at the legal policy level of decision.a7ing now have so.e appreciation for the concepts and analytical techni4!es of other professions which are c!rrently engaged in si.ilar types of co.ple# decision-.a7ing. $r!th to tell, .any sit!ations involving corporate finance pro le.s wo!ld re4!ire the services of an ast!te attorney eca!se of the co.ple# legal i.plications that arise fro. each and every necessary

step in sec!ring and .aintaining the Daw,8 @an. %%, %&'&, p. =*.

!siness iss!e raised. ) "usiness Star, 8Corporate Finance

In o!r litigation-prone co!ntry, a corporate lawyer is assid!o!sly referred to as the 8a ogado de ca.panilla.8 1e is the 8 ig-ti.e8 lawyer, earning ig .oney and with a clientele co.posed of the tycoons and .agnates of !siness and ind!stry. Despite the growing n!. er of corporate lawyers, .any people co!ld not e#plain what it is that a corporate lawyer does. For one, the n!. er of attorneys e.ployed y a single corporation will vary with the si/e and type of the corporation. >any s.aller and so.e large corporations far. o!t all their legal pro le.s to private law fir.s. >any others have in-ho!se co!nsel only for certain .atters. Other corporation have a staff large eno!gh to handle .ost legal pro le.s in-ho!se. + corporate lawyer, for all intents and p!rposes, is a lawyer who handles the legal affairs of a corporation. 1is areas of concern or 2!risdiction .ay incl!de, inter alia- corporate legal research, ta# laws research, acting o!t as corporate secretary )in oard .eetings*, appearances in oth co!rts and other ad2!dicatory agencies )incl!ding the Sec!rities and E#change Co..ission*, and in other capacities which re4!ire an a ility to deal with the law. +t any rate, a corporate lawyer .ay ass!.e responsi ilities other than the legal affairs of the !siness of the corporation he is representing. &hese include such )atters as deter)inin! policy and beco)in! in ol ed in )ana!e)ent . ) E.phasis s!pplied.* In a ig co.pany, for e#a.ple, one .ay have a feeling of eing isolated fro. the action, or not !nderstanding how one"s wor7 act!ally fits into the wor7 of the orgarni/ation. $his can e fr!strating to so.eone who needs to see the res!lts of his wor7 first hand. In short, a corporate lawyer is so.eti.es offered this fort!ne to e .ore closely involved in the r!nning of the !siness. >oreover, a corporate lawyer"s services .ay so.eti.es e engaged y a .!ltinational corporation )>NC*. So.e large >NCs provide one of the few opport!nities availa le to corporate lawyers to enter the international law field. +fter all, international law is practiced in a relatively s.all n!. er of co.panies and law fir.s. 3eca!se wor7ing in a foreign co!ntry is perceived y .any as gla.oro!s, tills is an area coveted y corporate lawyers. In .ost cases, however, the overseas 2o s go to e#perienced attorneys while the yo!nger attorneys do their 8international practice8 in law li raries. )"usiness Star, 8Corporate Daw 0ractice,8 >ay 9;,%&&<, p. =*. $his rings !s to the inevita le, i.e., the role of the lawyer in the real. of finance. $o orrow the lines of 1arvard-ed!cated lawyer 3r!ce Wassertein, to wit- 8+ ad lawyer is one who fails to spot pro le.s, a good lawyer is one who perceives the diffic!lties, and the e#cellent lawyer is one who s!r.o!nts the..8 )"usiness Star, 8Corporate Finance Daw,8 @an. %%, %&'&, p. =*. $oday, the st!dy of corporate law practice direly needs a 8shot in the ar.,8 so to spea7. No longer are we tal7ing of the traditional law teaching .ethod of confining the s! 2ect st!dy to the Corporation Code and the Sec!rities Code !t an inc!rsion as well into the intertwining .odern .anage.ent iss!es. S!ch corporate legal .anage.ent iss!es deal pri.arily with three )5* types of learning- )%* ac4!isition of insights into c!rrent advances which are of partic!lar significance to the corporate co!nsel? )9* an introd!ction to !sa le disciplinary s7ins applica le to a corporate co!nsel"s .anage.ent responsi ilities? and )5* a devotion to the organi/ation and .anage.ent of the legal f!nction itself.

$hese three s! 2ect areas .ay e tho!ght of as intersecting circles, with a shared area lin7ing the.. Otherwise 7nown as 8intersecting .anagerial 2!rispr!dence,8 it for.s a !nifying the.e for the corporate co!nsel"s total learning. So.e c!rrent advances in ehavior and policy sciences affect the co!nsel"s role. For that .atter, the corporate lawyer reviews the glo ali/ation process, incl!ding the res!lting strategic repositioning that the fir.s he provides co!nsel for are re4!ired to .a7e, and the need to thin7 a o!t a corporation"s? strategy at .!ltiple levels. $he salience of the nation-state is eing red!ced as fir.s deal oth with glo al .!ltinational entities and si.!ltaneo!sly with s! -national govern.ental !nits. Fir.s increasingly colla orate not only with p! lic entities !t with each other J often with those who are co.petitors in other arenas. Also, the nature of the lawyer$s participation in decision-)a#in! within the corporation is rapidly chan!in!. &he )ode) corporate lawyer has !ained a new role as a sta#eholder / in so)e cases participatin! in the or!ani5ation and operations of !o ernance throu!h participation on boards and other decision-)a#in! roles. Often these new patterns develop alongside e#isting legal instit!tions and laws are perceived as arriers. $hese trends are co.plicated as corporations organi/e for glo al operations. ) E.phasis s!pplied* &he practisin! lawyer of today is fa)iliar as well with !o ern)ental policies toward the pro)otion and )ana!e)ent of technolo!y. 6ew collaborati e arran!e)ents for pro)otin! specific technolo!ies or co)petiti eness )ore !enerally re-uire approaches fro) industry that differ fro) older, )ore ad ersarial relationships and traditional for)s of see#in! to influence !o ern)ental policies. +nd there are lessons to e learned fro. other co!ntries. In E!rope, Esprit, Eure#a andRace are e#a.ples of colla orative efforts etween govern.ental and !siness @apan"s M+&+ is world fa.o!s. )E.phasis s!pplied* Following the concept of o!ndary spanning, the office of the Corporate Co!nsel co.prises a distinct gro!p within the .anagerial str!ct!re of all 7inds of organi/ations. Effectiveness of oth long-ter. and te.porary gro!ps within organi/ations has een fo!nd to e related to indentifia le factors in the gro!p-conte#t interaction s!ch as the gro!ps actively revising their 7nowledge of the environ.ent coordinating wor7 with o!tsiders, pro.oting tea. achieve.ents within the organi/ation. In general, s!ch e#ternal activities are etter predictors of tea. perfor.ance than internal gro!p processes. +n a crisis situation, the le!al )ana!erial capabilities of the corporate lawyer is-a- is the )ana!erial )ettle of corporations are challen!ed . C!rrent research is see7ing ways oth to anticipate effective .anagerial proced!res and to !nderstand relationships of financial lia ility and ins!rance considerations. )E.phasis s!pplied* 6egarding the s7ills to apply y the corporate co!nsel, three factors are apropos7irst Syste) %yna)ics. $he field of syste.s dyna.ics has een fo!nd an effective tool for new .anagerial thin7ing regarding oth planning and pressing i..ediate pro le.s. +n !nderstanding of the role of feed ac7 loops, inventory levels, and rates of flow, ena le !sers to si.!late all sorts of syste.atic pro le.s J physical, econo.ic, .anagerial, social, and psychological. 6ew pro!ra))in! techni-ues now )a#e the syste) dyna)ics principles )ore accessible to )ana!ers / includin! corporate counsels. )E.phasis s!pplied* Second %ecision Analysis. &his enables users to )a#e better decisions in ol in! co)ple'ity and uncertainty. +n the conte't of a law depart)ent, it can be used to appraise the settle)ent alue of liti!ation, aid in ne!otiation settle)ent, and )ini)i5e the cost and ris# in ol ed in )ana!in! a portfolio of cases. )E.phasis s!pplied*

&hird Modelin! for 6e!otiation Mana!e)ent . Co.p!ter- ased .odels can e !sed directly y parties and .ediators in all lands of negotiations. +ll integrated set of s!ch tools provide coherent and effective negotiation s!pport, incl!ding hands-on on instr!ction in these techni4!es. + si.!lation case of an international 2oint vent!re .ay e !sed to ill!strate the point. A3e this as it .ay,B the organi/ation and .anage.ent of the legal f!nction, concern three pointed areas of consideration, th!s(re enti e Lawyerin!. 0lanning y lawyers re4!ires special s7ills that co.prise a .a2or part of the general co!nsel"s responsi ilities. $hey differ fro. those of re.edial law. 0reventive lawyering is concerned with .ini.i/ing the ris7s of legal tro! le and .a#i.i/ing legal rights for s!ch legal entities at that ti.e when transactional or si.ilar facts are eing considered and .ade. Mana!erial Jurisprudence. $his is the fra.ewor7 within which are !nderta7en those activities of the fir. to which legal conse4!ences attach. It needs to e directly s!pportive of this nation"s evolving econo.ic and organi/ational fa ric as fir.s change to stay co.petitive in a glo al, interdependent environ.ent. $he practice and theory of 8law8 is not ade4!ate today to facilitate the relationships needed in trying to .a7e a glo al econo.y wor7. ,r!ani5ation and 7unctionin! of the Corporate Counsel$s ,ffice . $he general co!nsel has e.erged in the last decade as one of the .ost vi rant s! sets of the legal profession. $he corporate co!nsel hear responsi ility for 7ey aspects of the fir."s strategic iss!es, incl!ding str!ct!ring its glo al operations, .anaging i.proved relationships with an increasingly diversified ody of e.ployees, .anaging e#panded lia ility e#pos!re, creating new and varied interactions with p! lic decision.a7ers, coping internally with .ore co.ple# .a7e or y decisions. $his whole e#ercise drives ho.e the thesis that 7nowing corporate law is not eno!gh to .a7e one a good general corporate co!nsel nor to give hi. a f!ll sense of how the legal syste. shapes corporate activities. +nd even if the corporate lawyer"s ai. is not the !nderstand all of the law"s effects on corporate activities, he .!st, at the very least, also gain a wor7ing 7nowledge of the .anage.ent iss!es if only to e a le to grasp not only the asic legal 8constit!tion" or .a7e!p of the .ode. corporation. 8"usiness Star8, 8$he Corporate Co!nsel,8 +pril %<, %&&%, p. =*. $he challenge for lawyers ) oth of the ar and the ench* is to have .ore than a passing 7nowledge of financial law affecting each aspect of their wor7. Iet, .any wo!ld ad.it to ignorance of vast tracts of the financial law territory. What transpires ne#t is a dile..a of professional sec!rity- Will the lawyer ad.it ignorance and ris7 oppro ri!.H? or will he feign !nderstanding and ris7 e#pos!reH )"usiness Star, 8Corporate Finance law,8 @an. %%, %&'&, p. =*. 6espondent Christian >onsod was no.inated y 0resident Cora/on C. +4!ino to the position of Chair.an of the CO>EDEC in a letter received y the Secretariat of the Co..ission on +ppoint.ents on +pril 9;, %&&%. 0etitioner opposed the no.ination eca!se allegedly >onsod does not possess the re4!ired 4!alification of having een engaged in the practice of law for at least ten years. On @!ne ;, %&&%, the Co..ission on +ppoint.ents confir.ed the no.ination of >onsod as Chair.an of the CO>EDEC. On @!ne %', %&&%, he too7 his oath of office. On the sa.e day, he ass!.ed office as Chair.an of the CO>EDEC. Challenging the validity of the confir.ation y the Co..ission on +ppoint.ents of >onsod"s no.ination, petitioner as a citi/en and ta#payer, filed the instant petition for certiorari and 0rohi ition praying that said confir.ation and the conse4!ent appoint.ent of >onsod as Chair.an of the Co..ission on Elections e declared n!ll and void.

+tty. Christian >onsod is a .e. er of the 0hilippine 3ar, having passed the ar e#a.inations of %&:< with a grade of ':-;;K. 1e has een a d!es paying .e. er of the Integrated 3ar of the 0hilippines since its inception in %&(9-(5. 1e has also een paying his professional license fees as lawyer for .ore than ten years. )p. %9=, 6ollo* +fter grad!ating fro. the College of Daw )C.0.* and having h!rdled the ar, Atty. Monsod wor#ed in the law office of his father. D!ring his stint in the World 3an7 Ero!p )%&:5-%&(<*, Monsod wor#ed as an operations officer for about two years in Costa Rica and (ana)a, which in ol ed !ettin! ac-uainted with the laws of )e)ber-countries ne!otiatin! loans and coordinatin! le!al, econo)ic, and pro*ect wor# of the "an#. 8pon returnin! to the (hilippines in 9:;<, he wor#ed with the Meralco Group, ser ed as chief e'ecuti e officer of an in est)ent ban# and subse-uently of a business con!lo)erate, and since 9:=>, has rendered ser ices to arious co)panies as a le!al and econo)ic consultant or chief e'ecuti e officer. As for)er Secretary-General ?9:=>@ and 6ational Chair)an ?9:=;@ of 6AM7REL. Monsod$s wor# in ol ed bein! #nowled!eable in election law. Ae appeared for 6AM7REL in its accreditation hearin!s before the Co)elec. +n the field of ad ocacy, Monsod, in his personal capacity and as for)er Co-Chair)an of the "ishops "usiness)en$s Conference for Au)an %e elop)ent, has wor#ed with the under pri ile!ed sectors, such as the far)er and urban poor !roups, in initiatin!, lobbyin! for and en!a!in! in affir)ati e action for the a!rarian refor) law and lately the urban land refor) bill. Monsod also )ade use of his le!al #nowled!e as a )e)ber of the %a ide Co))ission, a -uast *udicial body, which conducted nu)erous hearin!s ?9::<@ and as a )e)ber of the Constitutional Co))ission ?9:=>-9:=;@, and Chair)an of its Co))ittee on Accountability of (ublic ,fficers, for which he was cited by the (resident of the Co))ission, Justice Cecilia MuBo5-(al)a for .innu)erable a)end)ents to reconcile !o ern)ent functions with indi idual freedo)s and public accountability and the party-list syste) for the Aouse of Representati e. ?pp. 9C=-9C: Rollo@ ? E)phasis supplied@ @!st a word a o!t the wor# of a ne!otiatin! tea) of which +tty. >onsod !sed to e a .e. er. In a loan agree.ent, for instance, a negotiating panel acts as a tea., and which is ade4!ately constit!ted to .eet the vario!s contingencies that arise d!ring a negotiation. 3esides top officials of the 3orrower concerned, there are the legal officer )s!ch as the legal co!nsel*, the finance .anager, and an operations officer )such as an official in ol ed in ne!otiatin! the contracts * who co.prise the .e. ers of the tea.. )E!iller.o V. Soliven, 8Doan Negotiating Strategies for Developing Co!ntry 3orrowers,8 Staff 0aper No. 9, Central 3an7 of the 0hilippines, >anila, %&'9, p. %%*. )E.phasis s!pplied* +fter a fashion, the loan agree.ent is li7e a co!ntry"s Constit!tion? it lays down the law as far as the loan transaction is concerned. $h!s, the .eat of any Doan +gree.ent can e co.part.entali/ed into five );* f!nda.ental parts- )%* !siness ter.s? )9* orrower"s representation? )5* conditions of closing? )=* covenants? and );* events of defa!lt. ) +bid., p. %5*. In the sa.e vein, lawyers play an i)portant role in any debt restructurin! pro!ra) . For aside fro. perfor.ing the tas7s of legislative drafting and legal advising, they score national develop.ent policies as 7ey factors in .aintaining their co!ntries" sovereignty. )Condensed fro. the wor7 paper, entitled 8Wanted- Develop.ent Dawyers for Developing Nations,8 s! .itted y D. >ichael 1ager, regional legal adviser of the Cnited States +gency for International Develop.ent, d!ring the Session on Daw for the Develop.ent of Nations at the + id2an World Conference in Ivory Coast, sponsored y the World 0eace $hro!gh Daw Center on +!g!st 9:-5%, %&(5*. ) E.phasis s!pplied* Loan concessions and co)pro)ises, perhaps e en )ore so than purely rene!otiation policies, de)and e'pertise in the law of contracts, in le!islation and a!ree)ent draftin! and in rene!otiation . Necessarily, a sovereign lawyer .ay wor7 with an international !siness specialist or an econo.ist in the for.!lation of a .odel loan agree.ent. De t restr!ct!ring contract agree.ents contain s!ch a .i#t!re of technical lang!age that they sho!ld e caref!lly drafted and signed only with the advise of co.petent co!nsel in con2!nction with the g!idance of ade4!ate technical s!pport personnel.

)See +nternational Law Aspects of the (hilippine E'ternal %ebts , an !np! lished dissertation, C.S.$. Erad!ate School of Daw, %&'(, p. 59%*. ) E.phasis s!pplied* + critical aspect of sovereign de t restr!ct!ringLcontract constr!ction is the set of ter.s and conditions which deter.ines the contract!al re.edies for a fail!re to perfor. one or .ore ele.ents of the contract. + good agree.ent .!st not only define the responsi ilities of oth parties, !t .!st also state the reco!rse open to either party when the other fails to discharge an o ligation. For a co.pleat de t restr!ct!ring represents a devotion to that principle which in the !lti.ate analysis issine -ua non for foreign loan agree.ents-an adherence to the r!le of law in do.estic and international affairs of whose 7ind C.S. S!pre.e Co!rt @!stice Oliver Wendell 1ol.es, @r. once said- 8$hey carry no anners, they eat no dr!.s? !t where they are, .en learn that !stle and !sh are not the e4!al of 4!iet geni!s and serene .astery.8 )See 6icardo @. 6o.!lo, 8$he 6ole of Dawyers in Foreign Invest.ents,8 Integrated 3ar of the 0hilippine @o!rnal, Vol. %;, Nos. 5 and =, $hird and Fo!rth M!arters, %&((, p. 9:;*. +nterpreted in the li!ht of the arious definitions of the ter) (ractice of law.. particularly the )odern concept of law practice, and ta#in! into consideration the liberal construction intended by the fra)ers of the Constitution, Atty. Monsod$s past wor# e'periences as a lawyer-econo)ist, a lawyer-)ana!er, a lawyer-entrepreneur of industry, a lawyer-ne!otiator of contracts, and a lawyer-le!islator of both the rich and the poor / erily )ore than satisfy the constitutional re-uire)ent / that he has been en!a!ed in the practice of law for at least ten years. 3esides in the leading case of Lue!o . Ci il Ser ice Co))ission, %=5 SC6+ 59(, the Co!rt saidAppoint)ent is an essentially discretionary power and .!st e perfor.ed y the officer in which it is vested according to his est lights, the only condition eing that the appointee sho!ld possess the 4!alifications re4!ired y law. If he does, then the appoint.ent cannot e fa!lted on the gro!nd that there are others etter 4!alified who sho!ld have een preferred. &his is a political -uestion in ol in! considerations of wisdo) which only the appointin! authority can decide. )e.phasis s!pplied* No less e.phatic was the Co!rt in the case of ) Central "an# . Ci il Ser ice Co))ission , %(% SC6+ (==* where it statedIt is well-settled that when the appointee is 4!alified, as in this case, and all the other legal re4!ire.ents are satisfied, the Co..ission has no alternative !t to attest to the appoint.ent in accordance with the Civil Service Daw. $he Co..ission has no a!thority to revo7e an appoint.ent on the gro!nd that another person is .ore 4!alified for a partic!lar position. It also has no a!thority to direct the appoint.ent of a s! stit!te of its choice. $o do so wo!ld e an encroach)ent on the discretion ested upon the appointin! authority. An appoint)ent is essentially within the discretionary power of who)soe er it is ested, sub*ect to the only condition that the appointee should possess the -ualifications re-uired by law . ) E.phasis s!pplied* $he appointing process in a reg!lar appoint.ent as in the case at ar, consists of fo!r )=* stages- )%* no.ination? )9* confir.ation y the Co..ission on +ppoint.ents? )5* iss!ance of a co..ission )in the 0hilippines, !pon s! .ission y the Co..ission on +ppoint.ents of its certificate of confir.ation, the 0resident iss!es the per.anent appoint.ent? and )=* acceptance e.g., oath-ta7ing, posting of ond, etc. . . . )Lacson . Ro)ero, No. D-5<'%, Octo er %=, %&=&? Eon/ales, Daw on 0! lic Officers, p. 9<<* $he power of the Co..ission on +ppoint.ents to give its consent to the no.ination of >onsod as Chair.an of the Co..ission on Elections is .andated y Section %)9* S! -+rticle C, +rticle I, of the Constit!tion which provides-

$he Chair.an and the Co..isioners shall e appointed y the 0resident with the consent of the Co..ission on +ppoint.ents for a ter. of seven years witho!t reappoint.ent. Of those first appointed, three >e. ers shall hold office for seven years, two >e. ers for five years, and the last >e. ers for three years, witho!t reappoint.ent. +ppoint.ent to any vacancy shall e only for the !ne#pired ter. of the predecessor. In no case shall any >e. er e appointed or designated in a te.porary or acting capacity. +nent @!stice $eodoro 0adilla"s separate opinion, s!ffice it to say that his definition of the practice of law is the traditional or stereotyped notion of law practice, as disting!ished fro. the )odern concept of the practice of law , which .odern connotation is e'actly what was intended by the e)inent fra)ers of the 9:=; Constitution. >oreover, @!stice 0adilla"s definition wo!ld re4!ire generally a ha it!al law practice, perhaps practised two or three ti.es a wee7 and would outlawsay, law practice once or twice a year for ten consec!tive years. Clearly, this is far fro. the constit!tional intent. Cpon the other hand, the separate opinion of @!stice Isagani Cr!/ states that in .y written opinion, I .ade !se of a definition of law practice which really .eans nothing eca!se the definition says that law practice 8 . . . is what people ordinarily .ean y the practice of law.8 $r!e I cited the definition !t only y way of sarcas. as evident fro. .y state.ent that the definition of law practice y 8traditional areas of law practice is essentiallytautolo!ous8 or defining a phrase y .eans of the phrase itself that is eing defined. @!stice Cr!/ goes on to say in s! stance that since the law covers al.ost all sit!ations, .ost individ!als, in .a7ing !se of the law, or in advising others on what the law .eans, are act!ally practicing law. In that sense, perhaps, !t we sho!ld not lose sight of the fact that >r. >onsod is a lawyer, a )e)ber of the (hilippine "ar, who has een practising law for over ten years. $his is different fro. the acts of persons practising law,without first beco)in! lawyers. @!stice Cr!/ also says that the S!pre.e Co!rt can even dis4!alify an elected 0resident of the 0hilippines, say, on the gro!nd that he lac7s one or .ore 4!alifications. $his .atter, I greatly do! t. For one thing, how can an action or petition e ro!ght against the 0residentH +nd even ass!.ing that he is indeed dis4!alified, how can the action e entertained since he is the inc!. ent 0residentH We now proceed$he Co..ission on the asis of evidence s! .itted doling the p! lic hearings on >onsod"s confir.ation, i.plicitly deter.ined that he possessed the necessary 4!alifications as re4!ired y law. $he 2!dg.ent rendered y the Co..ission in the e#ercise of s!ch an ac7nowledged power is eyond 2!dicial interference e#cept only !pon a clear showing of a grave a !se of discretion a.o!nting to lac7 or e#cess of 2!risdiction. )+rt. VIII, Sec. % Constit!tion*. $h!s, only where s!ch grave a !se of discretion is clearly shown shall the Co!rt interfere with the Co..ission"s 2!dg.ent. In the instant case, there is no occasion for the e#ercise of the Co!rt"s corrective power, since no a !se, .!ch less a grave a !se of discretion, that wo!ld a.o!nt to lac7 or e#cess of 2!risdiction and wo!ld warrant the iss!ance of the writs prayed, for has een clearly shown. +dditionally, consider the following)%* If the Co..ission on +ppoint.ents re*ects a no.inee y the 0resident, .ay the S!pre.e Co!rt reverse the Co..ission, and th!s in effect confir) the appoint.entH Clearly, the answer is in the negative. )9* In the sa.e vein, .ay the Co!rt re*ect the no.inee, who. the Co..ission has confir)edH $he answer is li7ewise clear.

)5* If the Cnited States Senate )which is the confir.ing ody in the C.S. Congress* decides toconfir) a 0residential no.inee, it wo!ld e incredi le that the C.S. S!pre.e Co!rt wo!ld stillre erse the C.S. Senate. Finally, one significant legal .a#i. isWe .!st interpret not y the letter that 7illeth, !t y the spirit that giveth life. $a7e this hypothetical case of Sa.son and Delilah. Once, the proc!rator of @!dea as7ed Delilah )who was Sa.son"s eloved* for help in capt!ring Sa.son. Delilah agreed on condition that J No lade shall to!ch his s7in? No lood shall flow fro. his veins. When Sa.son )his long hair c!t y Delilah* was capt!red, the proc!rator placed an iron rod !rning whitehot two or three inches away fro. in front of Sa.son"s eyes. $his linded the .an. Cpon hearing of what had happened to her eloved, Delilah was eside herself with anger, and f!.ing with righteo!s f!ry, acc!sed the proc!rator of reneging on his word. $he proc!rator cal.ly replied- 8Did any lade to!ch his s7inH Did any lood flow fro. his veinsH8 $he proc!rator was clearly relying on the letter, not the spirit of the agree.ent. In view of the foregoing, this petition is here y DIS>ISSED. SO O6DE6ED. 7ernan, C.J., GriBo-A-uino and Medialdea, JJ., concur. 7eliciano, J., + certify that he oted to dis)iss the petition. ?7ernan, C.J.@ Sar)iento, J., is on lea e. Re!alado, and %a ide, Jr., J., too# no part.

Sep!r!te Op%"%o"'

NARVASA, J., conc!rringI conc!r with the decision of the .a2ority written y >r. @!stice 0aras, al eit only in the res!lt? it does not appear to .e that there has een an ade4!ate showing that the challenged deter.ination y the Co..ission on +ppoint.ents-that the appoint.ent of respondent >onsod as Chair.an of the Co..ission on Elections sho!ld, on the asis of his stated 4!alifications and after d!e assess.ent thereof, e confir.ed-was attended y error so gross as to a.o!nt to grave a !se of discretion and conse4!ently .erits n!llification y this Co!rt in accordance with the second paragraph of Section %, +rticle VIII of the Constit!tion. I therefore vote to DENI the petition.

ADILLA, J., dissenting$he records of this case will show that when the Co!rt first deli erated on the 0etition at ar, I voted not only to re4!ire the respondents to co..ent on the 0etition, !t I was the sole vote for the iss!ance of a te.porary restraining order to en2oin respondent >onsod fro. ass!.ing the position of CO>EDEC Chair.an, while the Co!rt deli erated on his constit!tional 4!alification for the office. >y p!rpose in voting for a $6O was to prevent the inconvenience and even e. arrass.ent to all parties concerned were the Co!rt to finally decide for respondent >onsod"s dis4!alification. >oreover, a reading of the 0etition then in relation to esta lished 2!rispr!dence already showed pri)a facie that respondent >onsod did not possess the needed 4!alification, that is, he had not engaged in the practice of law for at least ten )%<* years prior to his appoint.ent as CO>EDEC Chair.an. +fter considering caref!lly respondent >onsod"s co..ent, I a. even .ore convinced that the constit!tional re4!ire.ent of 8practice of law for at least ten ?9<@ years8 has not een .et. $he proced!ral arriers interposed y respondents deserve scant consideration eca!se, !lti.ately, the core iss!e to e resolved in this petition is the proper constr!al of the constit!tional provision re4!iring a .a2ority of the .e. ership of CO>EDEC, incl!ding the Chair.an thereof to 8have een engaged in the practice of law for at least ten )%<* years.8 )+rt. I,)C*, Section %)%*, %&'( Constit!tion*. M!estions involving the constr!ction of constit!tional provisions are est left to 2!dicial resol!tion. +s declared in An!ara . Electoral Co))ission, ):5 0hil. %5&* 8!pon the 2!dicial depart.ent is thrown the sole.n and inescapa le o ligation of interpreting the Constit!tion and defining constit!tional o!ndaries.8 $he Constit!tion has i.posed clear and specific standards for a CO>EDEC Chair.an. +.ong these are that he .!st have een 8engaged in the practice of law for at least ten )%<* years.8 It is the o!nden d!ty of this Co!rt to ens!re that s!ch standard is .et and co.plied with. What constit!tes practice of lawH +s co..only !nderstood, 8practice8 refers to the actual perfor)ance or application of 7nowledge as disting!ished fro. )ere possession of #nowled!e? it connotes an acti e, habitual,repeated or custo)ary action. 1 $o 8practice8 law, or any profession for that .atter, .eans, to e#ercise or p!rs!e an e.ploy.ent or profession acti ely, habitually, repeatedly or custo)arily. $herefore, a doctor of .edicine who is e.ployed and is ha it!ally perfor.ing the tas7s of a n!rsing aide, cannot e said to e in the 8practice of .edicine.8 + certified p! lic acco!ntant who wor7s as a cler7, cannot e said to practice his profession as an acco!ntant. In the sa.e way, a lawyer who is e.ployed as a !siness e#ec!tive or a corporate .anager, other than as head or attorney of a Degal Depart.ent of a corporation or a govern.ental agency, cannot e said to e in the practice of law. +s aptly held y this Co!rt in the case of (eople s. Dillanue a- . (ractice is )ore than an isolated appearance for it consists in fre-uent or custo)ary actions, a succession of acts of the sa)e #ind. In other words, it is fre4!ent ha it!al e#ercise )State vs- Cotner, %9(, p. %, '( Nan. ':=, =9 D6+, >.S. (:'*. 0ractice of law to fall within the prohi ition of stat!te has

een interpreted as c!sto.arily or ha it!ally holding one"s self o!t to the p! lic as a lawyer and de.anding pay.ent for s!ch services )State vs. 3ryan, = S.E. ;99, &' N.C. :==,:=(.* ... )e.phasis s!pplied*. It is worth .entioning that the respondent Co..ission on +ppoint.ents in a >e.orand!. it prepared, en!.erated several factors deter.inative of whether a partic!lar activity constit!tes 8practice of law.8 It states%. Aabituality. $he ter. 8practice of law8 i.plies c!sto.arily or ha it!ally holding one"s self o!t to the p! lic as a lawyer )0eople vs. Villan!eva, %= SC6+ %<& citing State v. 3oyen, = S.E. ;99, &' N.C. :==* s!ch as when one sends a circ!lar anno!ncing the esta lish.ent of a law office for the general practice of law )C.S. v. Ney 3os4!e, ' 0hil. %=:*, or when one ta7es the oath of office as a lawyer efore a notary p! lic, and files a .anifestation with the S!pre.e Co!rt infor.ing it of his intention to practice law in all co!rts in the co!ntry )0eople v. De D!na, %<9 0hil. &:'*. 0ractice is .ore than an isolated appearance for it consists in fre4!ent or c!sto.ary action, a s!ccession of acts of the sa.e 7ind. In other words, it is a ha it!al e#ercise )0eople v. Villan!eva, %= SC6+ %<& citing State v. Cotner, %9(, p. %, '( Nan, ':=*. 9. Co)pensation. 0ractice of law i.plies that one .!st have presented hi.self to e in the active and contin!ed practice of the legal profession and that his professional services are availa le to the p! lic for co.pensation, as a service of his livelihood or in consideration of his said services. )0eople v. Villan!eva, s!pra*. 1ence, charging for services s!ch as preparation of doc!.ents involving the !se of legal 7nowledge and s7ill is within the ter. 8practice of law8 )Ernani 0aOo, 3ar 6eviewer in Degal and @!dicial Ethics, %&'' ed., p. ' citing 0eople v. 0eople"s Stoc7yards State 3an7, %(: N.3. &<%* and, one who renders an opinion as to the proper interpretation of a stat!te, and receives pay for it, is to that e#tent, practicing law )>artin, supra, p. '<: citing >endela!n v. Eil ert and 3ar7et >fg. Co., 9&< N.I.S. =:9* If co.pensation is e#pected, all advice to clients and all action ta7en for the. in .atters connected with the law? are practicing law. )Elwood Fitchette et al., v. +rth!r C. $aylor, &=+D.6. 5;:-5;&* 5. Application of law le!al principle practice or procedure which calls for legal 7nowledge, training and e#perience is within the ter. 8practice of law8. )>artin supra* =. Attorney-client relationship. Engaging in the practice of law pres!pposes the e#istence of lawyerclient relationship. 1ence, where a lawyer !nderta7es an activity which re4!ires 7nowledge of law !t involves no attorney-client relationship, s!ch as teaching law or writing law oo7s or articles, he cannot e said to e engaged in the practice of his profession or a lawyer )+gpalo, Degal Ethics, %&'& ed., p. 5<*. 3 $he a ove-en!.erated factors wo!ld, I elieve, e !sef!l aids in deter.ining whether or not respondent >onsod .eets the constit!tional 4!alification of practice of law for at least ten )%<* years at the ti.e of his appoint.ent as CO>EDEC Chair.an. $he following relevant 4!estions .ay e as7ed%. Did respondent >onsod perfor. any of the tas7s which are pec!liar to the practice of lawH 9. Did respondent perfor. s!ch tas7s c!sto.arily or ha it!allyH 5. +ss!.ing that he perfor.ed any of s!ch tas7s ha it!ally, did he do so 1+3I$C+DDI FO6 +$ DE+S$ $EN )%<* IE+6S prior to his appoint.ent as CO>EDEC Chair.anH Eiven the e.ploy.ent or 2o history of respondent >onsod as appears fro. the records, I a. pers!aded that if ever he did perfor. any of the tas7s which constit!te the practice of law, he did not do so AA"+&8ALL3 for at least ten ?9<@ years prior to his appoint.ent as CO>EDEC Chair.an.

While it .ay e granted that he perfor.ed tas7s and activities which co!ld e latit!dinarianly considered activities pec!liar to the practice of law, li7e the drafting of legal doc!.ents and the rendering of legal opinion or advice, s!ch were isolated transactions or activities which do not 4!alify his past endeavors as 8practice of law.8 $o eco.e engaged in the practice of law, there .!st e a continuity, or a succession of acts. +s o served y the Solicitor Eeneral in (eople s. Dillanue a- / Essentially, the word private practice of law i.plies that one .!st have presented hi.self to e in the acti e and continued practice of the le!al profession and that his professional services are availa le to the p! lic for a co.pensation, as a so!rce of his livelihood or in consideration of his said services. +CCO6DINEDI, .y vote is to E6+N$ the petition and to declare respondent >onsod as not 4!alified for the position of CO>EDEC Chair.an for not having engaged in the practice of law for at least ten )%<* years prior to his appoint.ent to s!ch position. CR$0, J., dissentingI a. sincerely i.pressed y the ponencia of .y rother 0aras !t find I .!st dissent 2!st the sa.e. $here are certain points on which I .!st differ with hi. while of co!rse respecting hisviewpoint. $o egin with, I do not thin7 we are inhi ited fro. e#a.ining the 4!alifications of the respondent si.ply eca!se his no.ination has een confir.ed y the Co..ission on +ppoint.ents. In .y view, this is not a political 4!estion that we are arred fro. resolving. Deter.ination of the appointee"s credentials is .ade on the asis of the esta lished facts, not the discretion of that ody. Even if it were, the e#ercise of that discretion wo!ld still e s! 2ect to o!r review. In Lue!o, which is cited in the ponencia, what was involved was the discretion of the appointing a!thority tochoose etween two clai.ants to the sa.e office who oth possessed the re4!ired 4!alifications. It was that 7ind of discretion that we said co!ld not e reviewed. If a person elected y no less than the sovereign people .ay e o!sted y this Co!rt for lac7 of the re4!ired 4!alifications, I see no reason why we cannot dis4!alified an appointee si.ply eca!se he has passed the Co..ission on +ppoint.ents. Even the 0resident of the 0hilippines .ay e declared ineligi le y this Co!rt in an appropriate proceeding notwithstanding that he has een fo!nd accepta le y no less than the enfranchised citi/enry. $he reason is that what we wo!ld e e#a.ining is not the wisdo) of his election !t whether or not he was 4!alified to e elected in the first place. Co.ing now to the 4!alifications of the private respondent, I fear that the ponencia .ay have een too sweeping in its definition of the phrase 8practice of law8 as to render the 4!alification practically toothless. Fro. the n!.ero!s activities accepted as e. raced in the ter., I have the !nco.forta le feeling that one does not even have to e a lawyer to e engaged in the practice of law as long as his activities involve the application of so.e law, however peripherally. $he stoc7 ro7er and the ins!rance ad2!ster and the realtor co!ld co.e !nder the definition as they deal with or give advice on .atters that are li7ely 8to eco.e involved in litigation.8 $he lawyer is considered engaged in the practice of law even if his .ain occ!pation is another !siness and he interprets and applies so.e law only as an incident of s!ch !siness. $hat covers every co.pany organi/ed !nder the Corporation Code and reg!lated y the SEC !nder 0.D. &<9-+. Considering the ra.ifications of the .odern society, there is hardly any activity that is not affected y so.e law or govern.ent reg!lation the !siness.an .!st 7now a o!t and o serve. In fact, again going y the definition, a lawyer does not even have to e part of a !siness concern to e considered a practitioner. 1e can e so dee.ed when, on his own, he rents a ho!se or !ys a car or cons!lts a doctor as these acts involve his 7nowledge and application of the laws reg!lating s!ch transactions. If he operates a p! lic !tility vehicle as his .ain so!rce of livelihood, he wo!ld still e dee.ed engaged in the practice of law eca!se he .!st o ey the 0! lic Service +ct and the r!les and reg!lations of the Energy 6eg!latory 3oard. $he ponencia 4!otes an +.erican decision defining the practice of law as the 8perfor.ance of any acts ... in or o!t of co!rt, co..only !nderstood to e the practice of law,8 which tells !s a sol!tely nothing. $he decision goes on to

say that 8 eca!se lawyers perfor. al.ost every f!nction 7nown in the co..ercial and govern.ental real., s!ch a definition wo!ld o vio!sly e too glo al to e wor7a le.8 $he effect of the definition given in the ponencia is to consider virt!ally every lawyer to e engaged in the practice of law even if he does not earn his living, or at least part of it, as a lawyer. It is eno!gh that his activities are incidentally )even if only re.otely* connected with so.e law, ordinance, or reg!lation. $he possi le e#ception is the lawyer whose inco.e is derived fro. teaching allroo. dancing or escorting wrin7led ladies with p! escent pretensions. $he respondent"s credentials are i.pressive, to e s!re, !t they do not pers!ade .e that he has een engaged in the practice of law for ten years as re4!ired y the Constit!tion. It is conceded that he has een engaged in !siness and finance, in which areas he has disting!ished hi.self, !t as an e#ec!tive and econo.ist and not as a practicing lawyer. $he plain fact is that he has occ!pied the vario!s positions listed in his res!.e y virt!e of his e#perience and prestige as a !siness.an and not as an attorney-at-law whose principal attention is foc!sed on the law. Even if it e arg!ed that he was acting as a lawyer when he lo ied in Congress for agrarian and !r an refor., served in the N+>F6ED and the Constit!tional Co..ission )together with non-lawyers li7e far.ers and priests* and was a .e. er of the Davide Co..ission, he has not proved that his activities in these capacities e#tended over the prescri ed %<-year period of act!al practice of the law. 1e is do! tless e.inently 4!alified for .any other positions worthy of his a !ndant talents !t not as Chair.an of the Co..ission on Elections. I have .!ch ad.iration for respondent >onsod, no less than for >r. @!stice 0aras, !t I .!st regretf!lly vote to grant the petition. G$TIERRE0, JR., J., dissentingWhen this petition was filed, there was hope that engaging in the practice of law as a 4!alification for p! lic office wo!ld e settled one way or another in fairly definitive ter.s. Cnfort!nately, this was not the res!lt. Of the fo!rteen )%=* .e. er Co!rt, ; are of the view that >r. Christian >onsod engaged in the practice of law )with one of these ; leaving his vote ehind while on official leave !t not e#pressing his clear stand on the .atter*? = categorically stating that he did not practice law? 9 voting in the res!lt eca!se there was no error so gross as to a.o!nt to grave a !se of discretion? one of official leave with no instr!ctions left ehind on how he viewed the iss!e? and 9 not ta7ing part in the deli erations and the decision. $here are two 7ey factors that .a7e o!r tas7 diffic!lt. First is o!r reviewing the wor7 of a constit!tional Co..ission on +ppoint.ents whose d!ty is precisely to loo7 into the 4!alifications of persons appointed to high office. Even if the Co..ission errs, we have no power to set aside error. We can loo7 only into grave a !se of discretion or whi.sically and ar itrariness. Second is o!r elief that >r. >onsod possesses s!perior 4!alifications in ter.s of e#ec!tive a ility, proficiency in .anage.ent, ed!cational ac7gro!nd, e#perience in international an7ing and finance, and instant recognition y the p! lic. 1is integrity and co.petence are not 4!estioned y the petitioner. What is efore !s is co.pliance with a specific re4!ire.ent written into the Constit!tion. Inspite of .y high regard for >r. >onsod, I cannot shir7 .y constit!tional d!ty. 1e has never engaged in the practice of law for even one year. 1e is a .e. er of the ar !t to say that he has practiced law is stretching the ter. eyond rational li.its. + person .ay have passed the ar e#a.inations. "ut if he has not dedicated his life to the law, if he has not en!a!ed in an acti ity where )e)bership in the bar is a re-uire)ent I fail to see how he can clai. to have een engaged in the practice of law. Engaging in the practice of law is a 4!alification not only for CO>EDEC chair.an !t also for appoint.ent to the S!pre.e Co!rt and all lower co!rts. What 7ind of @!dges or @!stices will we have if there .ain occ!pation is selling real estate, .anaging a !siness corporation, serving in fact-finding co..ittee, wor7ing in .edia, or operating a far. with no active involve.ent in the law, whether in Eovern.ent or private practice, e#cept that in one 2oyf!l .o.ent in the distant past, they happened to pass the ar e#a.inationsH $he Constit!tion !ses the phrase 8engaged in the practice of law for at least ten years.8 $he deli erate choice of words shows that the practice envisioned is active and reg!lar, not isolated, occasional, accidental, inter.ittent, incidental, seasonal, or e#te.poraneo!s. $o e 8engaged8 in an activity for ten years re4!ires co..itted

participation in so.ething which is the res!lt of one"s decisive choice. It .eans that one is occ!pied and involved in the enterprise? one is o liged or pledged to carry it o!t with intent and attention d!ring the ten-year period. I agree with the petitioner that ased on the io-data s! .itted y respondent >onsod to the Co..ission on +ppoint.ents, the latter has not een engaged in the practice of law for at least ten years. In fact, if appears that >r. >onsod has never practiced law e#cept for an alleged one year period after passing the ar e#a.inations when he wor7ed in his father"s law fir.. Even then his law practice .!st have een e#tre.ely li.ited eca!se he was also wor7ing for >.+. and 0h. D. degrees in Econo.ics at the Cniversity of 0ennsylvania d!ring that period. 1ow co!ld he practice law in the Cnited States while not a .e. er of the 3ar thereH $he professional life of the respondent follows%.%;.%. 6espondent >onsod"s activities since his passing the 3ar e#a.inations in %&:% consist of the following%. %&:%-%&:5- >.+. in Econo.ics )0h. D. candidate*, Cniversity of 0ennsylvania 9. %&:5-%&(<- World 3an7 Ero!p J Econo.ist, Ind!stry Depart.ent? Operations, Datin +.erican Depart.ent? Division Chief, So!th +sia and >iddle East, International Finance Corporation 5. %&(<-%&(5- >eralco Ero!p J E#ec!tive of vario!s co.panies, i.e., >eralco Sec!rities Corporation, 0hilippine 0etrole!. Corporation, 0hilippine Electric Corporation =. %&(5-%&(:- I!2!ico Ero!p J 0resident, Fil-Capital Develop.ent Corporation and affiliated co.panies ;. %&(:-%&('- Finaciera >anila J Chief E#ec!tive Officer :. %&('-%&':- E!event Ero!p of Co.panies J Chief E#ec!tive Officer (. %&':-%&'(- 0hilippine Constit!tional Co..ission J >e. er '. %&'&-%&&%- $he Fact-Finding Co..ission on the Dece. er %&'& Co!p +tte.pt J >e. er &. 0resently- Chair.an of the 3oard and Chief E#ec!tive Officer of the following co.paniesa. +CE Container 0hilippines, Inc. . Dataprep, 0hilippines c. 0hilippine SCNsyste.s 0rod!cts, Inc. d. Se.irara Coal Corporation e. C3D $i. er Corporation >e. er of the 3oard of the Followinga. Engineering Constr!ction Corporation of the 0hilippines . First 0hilippine Energy Corporation c. First 0hilippine 1oldings Corporation d. First 0hilippine Ind!strial Corporation e. Eraphic +telier f. >anila Electric Co.pany g. 0hilippine Co..ercial Capital, Inc. h. 0hilippine Electric Corporation i. $arlac 6eforestation and Environ.ent Enterprises 2. $olong +4!ac!lt!re Corporation 7. Visayan +4!ac!lt!re Corporation l. E!i.aras +4!ac!lt!re Corporation )6ollo, pp. 9%-99* $here is nothing in the a ove io-data which even re.otely indicates that respondent >onsod has given the laweno!gh attention or a certain degree of co..it.ent and participation as wo!ld s!pport in all sincerity and candor the clai. of having engaged in its practice for at least ten years. Instead of wor7ing as a lawyer, he has lawyers wor7ing for hi.. Instead of giving receiving that legal advice of legal services, he was the oneadvice and those services as an e#ec!tive !t not as a lawyer. $he deli erations efore the Co..ission on +ppoint.ents show an effort to e4!ate 8engaged in the practice of law8 with the !se of legal 7nowledge in vario!s fields of endeavor s!ch as co..erce, ind!stry, civic wor7, l!e ri on investigations, agrarian refor., etc. where s!ch 7nowledge wo!ld e helpf!l. I regret that I cannot 2oin in playing fast and loose with a ter., which even an ordinary lay.an accepts as having a fa.iliar and c!sto.ary well-defined .eaning. Every resident of this co!ntry who has reached the age of discern.ent has to 7now, follow, or apply the law at vario!s ti.es in his life. Degal 7nowledge is !sef!l if not necessary for the

!siness e#ec!tive, legislator, .ayor, arangay captain, teacher, police.an, far.er, fisher.an, .ar7et vendor, and st!dent to na.e only a few. +nd yet, can these people honestly assert that as s!ch, they are engaged in the practice of lawH $he Constit!tion re4!ires having een 8engaged in the practice of law for at least ten years.8 It is not satisfied with having een 8a .e. er of the 0hilippine ar for at least ten years.8 So.e +.erican co!rts have defined the practice of law, as follows$he practice of law involves not only appearance in co!rt in connection with litigation !t also services rendered o!t of co!rt, and it incl!des the giving of advice or the rendering of any services re4!iring the !se of legal s7ill or 7nowledge, s!ch as preparing a will, contract or other instr!.ent, the legal effect of which, !nder the facts and conditions involved, .!st e caref!lly deter.ined. (eople e' rel. Chica!o "ar Ass$n . &in#off , 5&& Ill. 9'9, (( N.E.9d :&5? (eople e' rel. +llinois State "ar Ass$n . (eople$s Stoc# 3ards State "an#, 5== Ill. =:9,%(: N.E. &<%, and cases cited. It wo!ld e diffic!lt, if not i.possi le to lay down a for.!la or definition of what constit!tes the practice of law. 80racticing law8 has een defined as 80racticing as an attorney or co!nselor at law according to the laws and c!sto.s of o!r co!rts, is the giving of advice or rendition of any sort of service y any person, fir. or corporation when the giving of s!ch advice or rendition of s!ch service re4!ires the !se of any degree of legal 7nowledge or s7ill.8 Witho!t adopting that definition, we referred to it as eing s! stantially correct in (eople e' rel. +llinois State "ar Ass$n . (eople$s Stoc# 3ards State "an#, 5== Ill. =:9,%(: N.E. &<%. )0eople v. Schafer, '( N.E. 9d ((5, ((:* For one"s actions to co.e within the p!rview of practice of law they sho!ld not only e activities pec!liar to the wor7 of a lawyer, they sho!ld also e perfor.ed, ha it!ally, fre4!ently or c!sto.arily, to wit### ### ### 6espondent"s answers to 4!estions propo!nded to hi. were rather evasive. 1e was as7ed whether or not he ever prepared contracts for the parties in real-estate transactions where he was not the proc!ring agent. 1e answered- 8Very seldo..8 In answer to the 4!estion as to how .any ti.es he had prepared contracts for the parties d!ring the twenty-one years of his !siness, he said- 8I have no Idea.8 When as7ed if it wo!ld e .ore than half a do/en ti.es his answer was I s!ppose. +s7ed if he did not recall .a7ing the state.ent to several parties that he had prepared contracts in a large n!. er of instances, he answered- 8I don"t recall e#actly what was said.8 When as7ed if he did not re.e. er saying that he had .ade a practice of preparing deeds, .ortgages and contracts and charging a fee to the parties therefor in instances where he was not the ro7er in the deal, he answered- 8Well, I don"t elieve so, that is not a practice.8 0ressed f!rther for an answer as to his practice in preparing contracts and deeds for parties where he was not the ro7er, he finally answered- 8I have done a o!t everything that is on the oo7s as far as real estate is concerned.8 ### ### ### 6espondent ta7es the position that eca!se he is a real-estate ro7er he has a lawf!l right to do any legal wor7 in connection with real-estate transactions, especially in drawing of real-estate contracts, deeds, .ortgages, notes and the li7e. $here is no do! t !t that he has engaged in these practices over the years and has charged for his services in that connection. ... )0eople v. Schafer, '( N.E. 9d ((5* ### ### ### ... +n attorney, in the .ost general sense, is a person designated or e.ployed y another to act in his stead? an agent? .ore especially, one of a class of persons a!thori/ed to appear and act for s!itors or defendants in legal proceedings. Strictly, these professional persons are attorneys at law, and nonprofessional agents are properly styled 8attorney"s in fact?8 !t the single word is .!ch !sed as .eaning an attorney at law. + person .ay e an attorney in facto for another, witho!t eing an attorney at law. + . Daw Dict. 8+ttorney.8 + p! lic attorney, or attorney at law, says We ster, is an

officer of a co!rt of law, legally 4!alified to prosec!te and defend actions in s!ch co!rt on the retainer of clients. 8$he principal d!ties of an attorney are )%* to e tr!e to the co!rt and to his client? )9* to .anage the !siness of his client with care, s7ill, and integrity? )5* to 7eep his client infor.ed as to the state of his !siness? )=* to 7eep his secrets confided to hi. as s!ch. ... 1is rights are to e 2!stly co.pensated for his services.8 3o!v. Daw Dict. tit. 8+ttorney.8&he transiti e erb .practice,. as defined by 0ebster, )eans $to do or perfor) fre-uently, custo)arily, or habitually2 to perfor) by a succession of acts, as, to practice !a)in!, ... to carry on in practice, or repeated action2 to apply, as a theory, to real life2 to e'ercise, as a profession, trade, art. etc.2 as, to practice law or .edicine," etc....8 )State v. 3ryan, S.E. ;99, ;95? E.phasis s!pplied* In this 2!risdiction, we have r!led that the practice of law denotes fre4!ency or a s!ccession of acts. $h!s, we stated in the case of 0eople v. Villan!eva )%= SC6+ %<& A%&:;B*### ### ### ... 0ractice is .ore than an isolated appearance, for it consists in fre4!ent or c!sto.ary actions, a s!ccession of acts of the sa.e 7ind. In other words, it is fre4!ent ha it!al e#ercise )State v. Cotner, %9(, p. %, '( Nan. ':=, =9 D6+, >.S. (:'*. 0ractice of law to fall within the prohi ition of stat!te has een interpreted as c!sto.arily or ha it!ally holding one"s self o!t to the p! lic, as a lawyer and de.anding pay.ent for s!ch services. ... . )at p. %%9* It is to e noted that the Co..ission on +ppoint.ent itself recogni/es habituality as a re4!ired co.ponent of the .eaning of practice of law in a >e.orand!. prepared and iss!ed y it, to witl. Aabituality. $he ter. "practice of law" i.plies c!sto.arilyor ha it!ally holding one"s self o!t to the p! lic as a lawyer )0eople v. Villan!eva, %= SC6+ %<& citing State v. 3ryan, = S.E. ;99, &' N.C. :==* s!ch as when one sends a circ!lar anno!ncing the esta lish.ent of a law office for the general practice of law )C.S. v. Noy 3os4!e, ' 0hil. %=:*, or when one ta7es the oath of office as a lawyer efore a notary p! lic, and files a .anifestation with the S!pre.e Co!rt infor.ing it of his intention to practice law in all co!rts in the co!ntry )0eople v. De D!na, %<9 0hil. &:'*. 0ractice is .ore than an isolated appearance, for it consists in fre4!ent or c!sto.ary action, a s!ccession of acts of the sa.e 7ind. In other words, it is a ha it!al e#ercise )0eople v. Villan!eva, %= SC6+ % <& citing State v. Cotner, % 9(, p. %, '( Nan, ':=*.8 )6ollo, p. %%;* While the career as a !siness.an of respondent >onsod .ay have profited fro. his legal 7nowledge, the !se of s!ch legal 7nowledge is incidental and consists of isolated activities which do not fall !nder the deno.ination of practice of law. +d.ission to the practice of law was not re4!ired for .e. ership in the Constit!tional Co..ission or in the Fact-Finding Co..ission on the %&'& Co!p +tte.pt. +ny specific legal activities which .ay have een assigned to >r. >onsod while a .e. er .ay e li7ened to isolated transactions of foreign corporations in the 0hilippines which do not categori/e the foreign corporations as doing !siness in the 0hilippines. +s in the practice of law, doin! business also sho!ld e active and contin!o!s. Isolated !siness transactions or occasional, incidental and cas!al transactions are not within the conte#t of doing !siness. $his was o!r r!ling in the case of Anta) Consolidated, +nc. . Court of appeals, %=5 SC6+ 9'' A%&':B*. 6espondent >onsod, corporate e#ec!tive, civic leader, and .e. er of the Constit!tional Co..ission .ay possess the ac7gro!nd, co.petence, integrity, and dedication, to 4!alify for s!ch high offices as 0resident, Vice-0resident, Senator, Congress.an or Eovernor !t the Constit!tion in prescri ing the specific 4!alification of having engaged in the practice of law for at least ten )%<* years for the position of CO>EDEC Chair.an has ordered that he .ay not e confir.ed for that office. $he Constit!tion charges the p! lic respondents no less than this Co!rt to o ey its .andate. I, therefore, elieve that the Co..ission on +ppoint.ents co..itted grave a !se of discretion in confir.ing the no.ination of respondent >onsod as Chair.an of the CO>EDEC. I vote to E6+N$ the petition. "idin, J., dissent

CAYETANO V M$NSOD DIGEST .01 SCRA .10, 1991

1ACTS >onsod was no.inated y 0resident +4!ino to the position of Chair.an of the CO>EDEC on +pril 9;, %&&%. Cayetano opposed the no.ination eca!se allegedly >onsod does not possess the re4!ired 4!alification of having een engaged in the practice of law for at least ten years. Challenging the validity of the confir.ation y the Co..ission on +ppoint.ents of >onsodPs no.ination, petitioner filed a petition for Certiorari and 0rohi ition praying that said confir.ation and the conse4!ent appoint.ent of >onsod as Chair.an of the Co..ission on Elections e declared n!ll and void eca!se >onsod did not .eet the re4!ire.ent of having practiced law for the last ten years. ISS$E2 Whether or not >onsod satisfies the re4!ire.ent of the position of Chair.an of the CO>EDEC.

HELD2 $he practice of law is not li.ited to the cond!ct of cases in co!rt. + person is also considered to e in the practice of law when he- Q. . . for val!a le consideration engages in the !siness of advising person, fir.s, associations or corporations as to their rights !nder the law, or appears in a representative capacity as an advocate in proceedings pending or prospective, efore any co!rt, co..issioner, referee, oard, ody, co..ittee, or co..ission constit!ted y law or a!thori/ed to settle controversies. Otherwise stated, one who, in a representative capacity, engages in the !siness of advising clients as to their rights !nder the law, or while so engaged perfor.s any act or acts either in co!rt or o!tside of co!rt for that p!rpose, is engaged in the practice of law.R +tty. Christian >onsod is a .e. er of the 0hilippine 3ar, having passed the ar e#a.inations of %&:< with a grade of ':.;;K. 1e has een a d!es paying .e. er of the Integrated 3ar of the 0hilippines since its inception in %&(9-(5. 1e has also een paying his professional license fees as lawyer for .ore than ten years. +tty. >onsodPs past wor7 e#periences as a lawyer-econo.ist, a lawyer-.anager, a lawyerentreprene!r of ind!stry, a lawyer-negotiator of contracts, and a lawyer-legislator of oth the rich and the poor J verily .ore than satisfy the constit!tional re4!ire.ent J that he has een engaged in the practice of law for at least ten years.