LEGAL ETHICS CASES (Case Digest)

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# 1 : C a y e t a n o v s . M o n s o d 2 0 1
S C R A 2 1 0 S e p t e m b e r 1 9 9 1

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 possesrequired qualification of having been engaged in the
practice of law for at least ten years. The 1987 constitutionprovides in Section 1, Article
IX-C: There shall be a Commission on Elections composed of a Chairman and
sixCommissioners who shall be natural-born citizens of the Philippines and, at the time
of their appointment, atleast thirty-five years of age, holders of a college degree, and
must not have been candidates for any electiveposition in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall bemembers 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 theconduct of cases or litigation in court; it embraces the preparation of
pleadings and other papers incident toactions 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
inmatters connected with the law incorporation services, assessment and condemnation
services, contemplatingan appearance before judicial body, the foreclosure of
mortgage, enforcement of a creditor’s claim inbankruptcy and insolvency proceedings,
and conducting proceedings in attachment, and in matters of estateand 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 practiceof law for at least ten years is incorrect since Atty. Monsod’s past
work experience as a lawyer-economist, alawyer-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
COMELECchairman, The respondent has been engaged in the practice of law for at
least ten years does In the view of theforegoing, the petition is DISMISSED.*** The
Supreme Court held that the appointment of Monsod is in accordance with the
requirement of law as having been engaged in the practice of law for at least ten years.
Monsod’s past work experiences as alawyer-economist, a lawyer-manager, a lawyer-
entrepreneur of industry, a lawyer negotiator of contracts and alawyer-legislator of both
the rich and the poor verily more than satisfy the constitutional requirement that hehas
been engaged in the practice of law for at least ten years. Again, in the case of
Philippine Lawyer’sAssociation vs. Agrava, the practice of law is not limited to the
conduct of cases and litigation in court; itembraces the preparation of pleadings and
other papers incident to actions and social proceedings and othersimilar work which
involves the determination by a legal mind the legal effects of facts and conditions.

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# 2 : P H I L I P P I N E L AW Y E R ’ S A S S O C I AT I O N V S .
C E L E D O N I O A G R AVA , i n h i s c a p a c i t y a s D i r e c t o r o f t h e
Philippines Patent Office

FA C T S :

A petition was filed by the petitioner for prohibition and injunction

against Celedonio Agrava, in his capacity as Director of the
Philippines Patent Office. On May 27, 1957, respondentDirector
issued a circular announcing that he had scheduled for June 27,
1957 an examination forthe purpose of determining who are qualified
t o p r a c t i c e a s p a t e n t a t t o r n e y s b e f o r e t h e P h i l i p p i n e s P a t e n t O ff i c e .
The petitioner contends that one who has passed the bar
examinationsand is licensed by the Supreme Court to practice law in
the Philippines and who is in goodstanding, is duly qualified to
p r a c t i c e b e f o r e t h e P h i l i p p i n e s P a t e n t O ff i c e a n d t h a t t h e
respondentDirector ’s holding an examination for the purpose is in
e x c e s s o f h i s j u r i s d i c t i o n a n d i s i n v i o l a t i o n o f t h e l a w. T h e
r e s p o n d e n t , i n r e p l y, m a i n t a i n s t h e p r o s e c u t i o n o f p a t e n t c a s e s “
does not involve entirely or purelythe practice of law but includes the
application of scientific and technical knowledge and training as
amatter of actual practice so as to include engineers and other
individuals who passed the examinationcan practice before the
P a t e n t o ff i c e . F u r t h e r m o r e , h e s t r e s s e d t h a t f o r t h e l o n g t i m e h e i s
holdingtests, this is the first time that his right has been questioned
f o r m a l l y.

ISSUE:

W h e t h e r o r n o t t h e a p p e a r a n c e b e f o r e t h e p a t e n t O ff i c e a n d t h e
preparation and theprosecution of patent application, etc.,
c o n s t i t u t e s o r i s i n c l u d e d i n t h e p r a c t i c e o f l a w.

HELD:

The Supreme Court held that the practice of law includes such
appearance before thePatent Office, the representation of
applicants, oppositors, and other persons, and theprosecution of
their applications for patent, their opposition thereto, or the
e n f o r c e m e n t o f t h e i r r i g h t s i n p a t e n t c a s e s . M o r e o v e r, t h e p r a c t i c e
b e f o r e t h e p a t e n t O ff i c e i n v o l v e s t h e i n t e r p r e t a t i o n a n d a p p l i c a t i o n o f
other laws and legal principles, as well as the existence of facts to
be established inaccordance with the law of evidence and procedure.
The practice of law is not limited to the conduct of cases or litigation
in court but also embraces all other matters connected with the law
and any workinvolving the determination by the legal mind of the
l e g a l e ff e c t s o f f a c t s a n d c o n d i t i o n s . F u r t h e r m o r e , t h e l a w p r o v i d e s
that any party may appeal to the Supreme Court from any final order
o r d e c i s i o n o f t h e d i r e c t o r. T h u s , i f t h e t r a n s a c t i o n s o f b u s i n e s s i n t h e
P a t e n t O ff i c e i n v o l v e d e x c l u s i v e l y o r m o s t l y t e c h n i c a l a n d s c i e n t i f i c
k n o w l e d g e a n d t r a i n i n g , t h e n l o g i c a l l y, t h e a p p e a l s h o u l d b e t a k e n
n o t t o a c o u r t o r j u d i c i a l b o d y, b u t r a t h e r t o a b o a r d o f s c i e n t i s t s ,
engineers or technical men, which is not the case.