Renato Cayetano vs.

Christian Monsod

201 SCRA 210, September 1991

FACTS

Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of
Chairman for the COMELEC. Petitioner Renato Cayetano opposed the nomination because Monsod
allegedly does not possess the required qualification of having been engaged in the practice of law for at
least ten years. The 1987 Constitution provides in Section 1, Article IX-C: There shall be a Commission on
Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college
degree, and must not have been candidates for any elective position in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar
who have been engaged in the practice of law for at least ten years.

ISSUE

Whether the respondent does not possess the required qualification of having engaged in the practice
of law for at least ten years.

RULING

In the case of Philippine Lawyers Association vs. Agrava, stated: The practice of law is not limited to the
conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers
incident to actions and special proceeding, the management of such actions and proceedings on behalf
of clients before judges and courts, and in addition, conveying. In general, all advice to clients, and all
action taken for them in matters connected with the law incorporation services, assessment and
condemnation services, contemplating an appearance before judicial body, the foreclosure of mortgage,
enforcement of a creditor’s claim in bankruptcy and insolvency proceedings, and conducting
proceedings in attachment, and in matters of estate and guardianship have been held to constitute law
practice. Practice of law means any activity, in or out court, which requires the application of law, legal
procedure, knowledge, training and experience.

The contention that Atty. Monsod does not possess the required qualification of having engaged in the
practice of law for at least ten years is incorrect since Atty. Monsod’s past work experience as a lawyer-
economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and
a lawyer-legislator of both rich and the poor – verily more than satisfy the constitutional requirement
for the position of COMELEC chairman, The respondent has been engaged in the practice of law for at
least ten years does In the view of the foregoing, the petition is DISMISSED.