Cayetano v Monsod
G.R. No. 100113
September 3, 1991
Facts:
Monsod was
nominated by President Aquino to the position of Chairman of the COMELEC on
April 25, 1991. Cayetano 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. Challenging the validity of the confirmation by
the Commission on Appointments of Monsod’s nomination, petitioner filed a
petition for Certiorari and Prohibition praying that said confirmation and the
consequent appointment of Monsod as Chairman of the Commission on Elections be
declared null and void because Monsod did not meet the requirement of having
practiced law for the last ten years.
Issue:
Whether or not respondent posses
the required qualifications of having engaged in the practice of law for at
least ten years.
HELD:
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: “. . . for valuable consideration 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. 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.”
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: “. . . for valuable consideration 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. 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.”
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’s
past work experiences as a lawyer-economist, a lawyer-manager, a
lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a
lawyer-legislator of both the rich and the poor, verily more than satisfy the
constitutional requirement that he has been engaged in the practice of law for
at least ten years.
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