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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. ARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 19 ! Constitution provides in "ection 1 #1$, %rticle &'-C( There shall be a Co))ission on *lections co)posed of a Chair)an and six Co))issioners who shall be natural-born citi+ens of the ,hilippines and, at the ti)e of their appoint)ent, at least thirty-five years of age, holders of a college degree, and )ust not have been candidates for any elective position in the i))ediately preceding -elections. -owever, a )a.ority thereof, including the Chair)an, shall be )e)bers of the ,hilippine /ar who have been engaged in the practice of law for at least ten years. #*)phasis supplied$ The afore0uoted provision is patterned after "ection l#l$, %rticle '&&-C of the 19!1 Constitution which si)ilarly provides( There shall be an independent Co))ission on *lections co)posed of a Chair)an and eight Co))issioners who shall be natural-born citi+ens of the ,hilippines and, at the ti)e of their appoint)ent, at least thirty-five years of age and holders of a college degree. -owever, a )a.ority thereof, including the Chair)an, shall be )e)bers of the ,hilippine /ar who have been engaged in the practice of law for at least ten years.' #*)phasis supplied$ 2egrettably, however, there see)s to be no .urisprudence as to what constitutes practice of law as a legal 0ualification to an appointive office. /lac3 defines 4practice of law4 as( The rendition of services re0uiring the 3nowledge and the application of legal principles and techni0ue to serve the interest of another with his consent. &t is not li)ited to appearing in court, or advising and assisting in the conduct of litigation, but e)braces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instru)ents of all 3inds, and the

giving of all legal advice to clients. &t e)braces all advice to clients and all actions ta3en for the) in )atters connected with the law. %n attorney engages in the practice of law by )aintaining an office where he is held out to be-an attorney, using a letterhead describing hi)self as an attorney, counseling clients in legal )atters, negotiating with opposing counsel about pending litigation, and fixing and collecting fees for services rendered by his associate. #Black's Law Dictionary, 1rd ed.$ The practice of law is not li)ited to the conduct of cases in court. #Land Title Abstract and Trust Co. v. Dworken,159 6hio "t. 51, 191 7.*. 89:$ % person is also considered to be in the practice of law when he( ... for valuable consideration engages in the business of advising person, fir)s, 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, co))issioner, referee, board, body, co))ittee, or co))ission constituted by law or authori+ed to settle controversies and there, in such representative capacity perfor)s any act or acts for the purpose of obtaining or defending the rights of their clients under the law. 6therwise 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 perfor)s any act or acts either in court or outside of court for that purpose, is engaged in the practice of law. # tate e!. rel. "ckittrick v..C. . Dudley and Co., 1:5 ".W. 5d 99, 1;: <o. 95$ This Court in the case of #hilippine Lawyers Association v.Agrava, #1:9 ,hil. 1!1,1!8-1!!$ stated( The practice of law is not li)ited to the conduct of cases or litigation in court= it e)braces the preparation of pleadings and other papers incident to actions and special proceedings, the )anage)ent of such actions and proceedings on behalf of clients before .udges and courts, and in addition, conveying. &n general, all advice to clients, and all action ta3en for the) in )attersconnected with the law incorporation services, assess)ent and conde)nation services conte)plating an appearance before a .udicial body, the foreclosure of a )ortgage, enforce)ent of a creditor's clai) in ban3ruptcy and insolvency proceedings, and conducting proceedings in attach)ent, and in )atters of estate and guardianship have been held to constitute law practice, as do the preparation and drafting of legal

instru)ents, where the work done involves the deter$ination by the trained legal $ind of the legal effect of facts and conditions. #9 %). >r. p. 585, 581$. #*)phasis supplied$ #ractice of law under )ode) conditions consists in no s)all part of wor3 perfor)ed outside of any court and having no i))ediate relation to proceedings in court. &t e)braces conveyancing, the giving of legal advice on a large variety of sub.ects, and the preparation and execution of legal instru)ents covering an extensive field of business and trust relations and other affairs. Although these transactions $ay have no direct connection with court proceedings, they are always sub%ect to beco$e involved in litigation. They re0uire in )any aspects a high degree of legal s3ill, a wide experience with )en and affairs, and great capacity for adaptation to difficult and co)plex situations. These custo)ary functions of an attorney or counselor at law bear an inti)ate relation to the ad)inistration of .ustice by the courts. 7o valid distinction, so far as concerns the 0uestion set forth in the order, can be drawn between that part of the wor3 of the lawyer which involves appearance in court and that part which involves advice and drafting of instru)ents in his office. &t is of i)portance to the welfare of the public that these )anifold custo)ary functions be perfor)ed by persons possessed of ade0uate learning and s3ill, of sound )oral character, and acting at all ti)es under the heavy trust obligations to clients which rests upon all attorneys. #<oran, Co$$ents on the &ules of Court, ?ol. 1 @1991 ed.A , p. 889-888, citing 'n re (pinion of the )ustices @<ass.A, 19; 7.*. 111, 0uoted in &hode 's. Bar Assoc. v. Auto$obile ervice Assoc. @2.&.A 1!9 %. 119,1;;$. #*)phasis ours$ The Bniversity of the ,hilippines Caw Center in conducting orientation briefing for new lawyers #19!;-19!9$ listed the di)ensions of the practice of law in even broader ter)s as advocacy, counselling and public service. 6ne )ay be a practicing attorney in following any line of e)ploy)ent in the profession. &f what he does exacts 3nowledge of the law and is of a 3ind usual for attorneys engaging in the active practice of their profession, and he follows so)e one or )ore lines of e)ploy)ent such as this he is a practicing attorney at law within the )eaning of the statute. #Barr v. Cardell, 199 7W 115$ ,ractice of law )eans any activity, in or out of court, which re0uires the application of law, legal procedure, 3nowledge, training and experience. 4To engage in the practice of law is to

perfor) those acts which are characteristics of the profession. Denerally, to practice law is to give notice or render any 3ind of service, which device or service re0uires the use in any degree of legal 3nowledge or s3ill.4 #111 %C2 51$ The following records of the 19 8 Constitutional Co))ission show that it has adopted a liberal interpretation of the ter) 4practice of law.4 <2. E6F. /efore we suspend the session, )ay & )a3e a )anifestation which & forgot to do during our review of the provisions on the Co))ission on %udit. <ay & be allowed to )a3e a very brief state)entG T-* ,2*"&H&7D 6EE&C*2 #<r. >a)ir$. The Co))issioner will please proceed. <2. E6F. This has to do with the *ualifications of the $e$bers of the Co$$ission on Audit. A$ong others, the *ualifications provided for by ection ' is that +They $ust be "e$bers of the #hilippine Bar+ , ' a$ *uoting fro$ the provision , +who have been engaged in the practice of law for at least ten years+. To avoid any )isunderstanding which would result in excluding )e)bers of the /ar who are now e)ployed in the C6% or Co))ission on %udit, we would like to $ake the clarification that this provision on *ualifications regarding $e$bers of the Bar does not necessarily refer or involve actual practice of law outside the C(A -e have to interpret this to $ean that as long as the lawyers who are e$ployed in the C(A are using their legal knowledge or legal talent in their respective work within C(A, then they are *ualified to be considered for appoint$ent as $e$bers or co$$issioners, even chair$an, of the Co$$ission on Audit. This has been discussed by the Co))ittee on Constitutional Co))issions and %gencies and we dee) it i)portant to ta3e it up on the floor so that this interpretation )ay be )ade available whenever this provision on the 0ualifications as regards )e)bers of

the ,hilippine /ar engaging in the practice of law for at least ten years is ta3en up. <2. 6,C*. Will Co))issioner Eo+ yield to .ust one 0uestion. <2. E6F. Ies, <r. ,residing 6fficer. <2. 6,C*. 's he, in effect, saying that service in the C(A by a lawyer is e*uivalent to the re*uire$ent of a law practice that is set forth in the Article on the Co$$ission on Audit. <2. E6F. -e $ust consider the fact that the work of C(A, although it is auditing, will necessarily involve legal work/ it will involve legal work. And, therefore, lawyers who are e$ployed in C(A now would have the necessary *ualifications in accordance with the #rovision on *ualifications under our provisions on the Co$$ission on Audit. And, therefore, the answer is yes. <2. 6,C*. Ies. "o that the construction given to this is that this is e0uivalent to the practice of law. <2. E6F. 0es, "r. #residing (fficer. <2. 6,C*. Thank you. ... # *)phasis supplied$ "ection 1#1$, %rticle &'-H of the 19 ! Constitution, provides, a)ong others, that the Chair)an and two Co))issioners of the Co))ission on %udit #C6%$ should either be certified public accountants with not less than ten years of auditing practice, or )e)bers of the ,hilippine /ar who have been engaged in the practice of law for at least ten years. #e)phasis supplied$ Corollary to this is the ter) 4private practitioner4 and which is in )any ways synony)ous with the word 4lawyer.4 Today, although )any lawyers do not engage in private practice, it is

still a fact that the )a.ority of lawyers are private practitioners. #Dary <unne3e, (pportunities in Law Careers @?D< Career -ori+ons( &llinoisA, @19 8A, p. 19$. %t this point, it )ight be helpful to define private practice. The ter), as co))only understood, )eans 4an individual or organi+ation engaged in the business of delivering legal services.4 #'bid.$. Cawyers who practice alone are often called 4sole practitioners.4 Droups of lawyers are called 4fir)s.4 The fir) is usually a partnership and )e)bers of the fir) are the partners. "o)e fir)s )ay be organi+ed as professional corporations and the )e)bers called shareholders. &n either case, the )e)bers of the fir) are the experienced attorneys. &n )ost fir)s, there are younger or )ore inexperienced salaried attorneyscalled 4associates.4 #'bid.$. The test that defines law practice by loo3ing to traditional areas of law practice is essentially tautologous, unhelpful defining the practice of law as that which lawyers do. #Charles W. Wolfra), "odern Legal 1thics @West ,ublishing Co.( <innesota, 19 8A, p. 991$. The practice of law is defined as the perfor)ance of any acts . . . in or out of court, co))only understood to be the practice of law. # tate Bar Ass'n v. Connecticut Bank 2 Trust Co., 1;9 Conn. 555, 1;: %.5d 81, !: @199 A @0uoting 3rievance Co$$. v. #ayne, 15 Conn. 159, 55 %.5d 851, 858 @19;1A$. /ecause lawyers perfor) al)ost every function 3nown in the co))ercial and govern)ental real), such a definition would obviously be too global to be wor3able.#Wolfra), op. cit.$. The appearance of a lawyer in litigation in behalf of a client is at once the )ost publicly fa)iliar role for lawyers as well as an unco))on role for the average lawyer. <ost lawyers spend little ti)e in courtroo)s, and a large percentage spend their entire practice without litigating a case. #'bid., p. 991$. 7onetheless, )any lawyers do continue to litigate and the litigating lawyer's role colors )uch of both the public i)age and the self perception of the legal profession. #'bid.$. &n this regard thus, the do)inance of litigation in the public )ind reflects history, not reality. #'bid.$. Why is this soG 2ecall that the late %lexander "yCip, a corporate lawyer, once articulated on the i)portance of a lawyer as a business counselor in this wise( 4*ven today, there are still uninfor)ed lay)en whose concept of an attorney is one who principally tries cases before the courts. The )e)bers of the bench and bar and the infor)ed lay)en such as business)en, 3now that in )ost developed societies today, substantially )ore legal wor3 is transacted in law offices than in the courtroo)s. Deneral practitioners of law who do both litigation and nonlitigation wor3 also 3now that in )ost cases they find the)selves spending )ore ti)e doing what @isA loosely desccribe@dA as business counseling than in trying cases. The business lawyer has been described as the planner, the diagnostician and the trial lawyer, the surgeon. &@tA need not @beA stress@edA that in law, as in )edicine, surgery should be avoided where internal )edicine can be effective.4 #Business tar, 4Corporate Einance Caw,4 >an. 11, 19 9, p. ;$. &n the course of a wor3ing day the average general practitioner wig engage in a nu)ber of legal tas3s, each involving different legal doctrines, legal s3ills, legal processes, legal institutions,

clients, and other interested parties. *ven the increasing nu)bers of lawyers in speciali+ed practice wig usually perfor) at least so)e legal services outside their specialty. %nd even within a narrow specialty such as tax practice, a lawyer will shift fro) one legal tas3 or role such as advice-giving to an i)portantly different one such as representing a client before an ad)inistrative agency. #Wolfra), supra, p. 8 !$. /y no )eans will )ost of this wor3 involve litigation, unless the lawyer is one of the relatively rare types J a litigator who speciali+es in this wor3 to the exclusion of )uch else. &nstead, the wor3 will re0uire the lawyer to have )astered the full range of traditional lawyer s3ills of client counselling, advicegiving, docu)ent drafting, and negotiation. %nd increasingly lawyers find that the new s3ills of evaluation and )ediation are both effective for )any clients and a source of e)ploy)ent. #'bid.$. <ost lawyers will engage in non-litigation legal wor3 or in litigation wor3 that is constrained in very i)portant ways, at least theoretically, so as to re)ove fro) it so)e of the salient features of adversarial litigation. 6f these special roles, the )ost pro)inent is that of prosecutor. &n so)e lawyers' wor3 the constraints are i)posed both by the nature of the client and by the way in which the lawyer is organi+ed into a social unit to perfor) that wor3. The )ost co))on of these roles are those of corporate practice and govern)ent legal service. #'bid.$. &n several issues of the Business tar, a business daily, herein below 0uoted are e)erging trends in corporate law practice, a departure fro) the traditional concept of practice of law. We are experiencing today what truly )ay be called a revolutionary transfor)ation in corporate law practice. Cawyers and other professional groups, in particular those )e)bers participating in various legal-policy decisional contexts, are finding that understanding the )a.or e)erging trends in corporation law is indispensable to intelligent decision-)a3ing. Constructive ad.ust)ent to )a.or corporate proble)s of today re0uires an accurate understanding of the nature and i)plications of the corporate law research function acco)panied by an accelerating rate of infor)ation accu)ulation. The recognition of the need for such i)proved corporate legal policy for)ulation, particularly 4)odel-)a3ing4 and 4contingency planning,4 has i)pressed upon us the inade0uacy of traditional procedures in )any decisional contexts. &n a co)plex legal proble) the )ass of infor)ation to be processed, the sorting and weighing of significant conditional factors, the appraisal of )a.or trends, the necessity of esti)ating the conse0uences of given courses of action, and the need for fast decision and

response in situations of acute danger have pro)pted the use of sophisticated concepts of infor)ation flow theory, operational analysis, auto)atic data processing, and electronic co)puting e0uip)ent. Bnderstandably, an i)proved decisional structure )ust stress the predictive co)ponent of the policy-)a3ing process, wherein a 4)odel4, of the decisional context or a seg)ent thereof is developed to test pro.ected alternative courses of action in ter)s of futuristic effects flowing therefro). %lthough )e)bers of the legal profession are regularly engaged in predicting and pro.ecting the trends of the law, the sub.ect of corporate finance law has received relatively little organi+ed and for)ali+ed attention in the philosophy of advancing corporate legal education. 7onetheless, a cross-disciplinary approach to legal research has beco)e a vital necessity. Certainly, the general orientation for productive contributions by those trained pri)arily in the law can be i)proved through an early introduction to )ulti-variable decisional context and the various approaches for handling such proble)s. Cawyers, particularly with either a )aster's or doctorate degree in business ad)inistration or )anage)ent, functioning at the legal policy level of decision-)a3ing now have so)e appreciation for the concepts and analytical techni0ues of other professions which are currently engaged in si)ilar types of co)plex decision-)a3ing. Truth to tell, )any situations involving corporate finance proble)s would re0uire the services of an astute attorney because of the co)plex legal i)plications that arise fro) each and every necessary step in securing and )aintaining the business issue raised. #Business tar, 4Corporate Einance Caw,4 >an. 11, 19 9, p. ;$. &n our litigation-prone country, a corporate lawyer is assiduously referred to as the 4abogado de ca)panilla.4 -e is the 4bigti)e4 lawyer, earning big )oney and with a clientele co)posed of the tycoons and )agnates of business and industry. Hespite the growing nu)ber of corporate lawyers, )any people could not explain what it is that a corporate lawyer does. Eor one, the nu)ber of attorneys e)ployed by a single corporation will vary with the si+e and type of the corporation. <any s)aller and so)e large corporations far) out all their legal proble)s to private law fir)s. <any

others have in-house counsel only for certain )atters. 6ther corporation have a staff large enough to handle )ost legal proble)s inhouse. % corporate lawyer, for all intents and purposes, is a lawyer who handles the legal affairs of a corporation. -is areas of concern or .urisdiction )ay include, inter alia( corporate legal research, tax laws research, acting out as corporate secretary #in board )eetings$, appearances in both courts and other ad.udicatory agencies #including the "ecurities and *xchange Co))ission$, and in other capacities which re0uire an ability to deal with the law. %t any rate, a corporate lawyer )ay assu)e responsibilities other than the legal affairs of the business of the corporation he is representing. These include such $atters as deter$ining policy and beco$ing involved in $anage$ent. # *)phasis supplied.$ &n a big co)pany, for exa)ple, one )ay have a feeling of being isolated fro) the action, or not understanding how one's wor3 actually fits into the wor3 of the orgarni+ation. This can be frustrating to so)eone who needs to see the results of his wor3 first hand. &n short, a corporate lawyer is so)eti)es offered this fortune to be )ore closely involved in the running of the business. <oreover, a corporate lawyer's services )ay so)eti)es be engaged by a )ultinational corporation #<7C$. "o)e large <7Cs provide one of the few opportunities available to corporate lawyers to enter the international law field. %fter all, international law is practiced in a relatively s)all nu)ber of co)panies and law fir)s. /ecause wor3ing in a foreign country is perceived by )any as gla)orous, tills is an area coveted by corporate lawyers. &n )ost cases, however, the overseas .obs go to experienced attorneys while the younger attorneys do their 4international practice4 in law libraries. #Business tar, 4Corporate Caw ,ractice,4 <ay 59,199:, p. ;$. This brings us to the inevitable, i.e., the role of the lawyer in the real) of finance. To borrow the lines of -arvard-educated lawyer /ruce Wassertein, to wit( 4% bad lawyer is one who fails to spot proble)s, a good lawyer is one who perceives the difficulties, and the excellent lawyer is one who sur)ounts the).4 #Business tar, 4Corporate Einance Caw,4 >an. 11, 19 9, p. ;$.

Today, the study of corporate law practice direly needs a 4shot in the ar),4 so to spea3. 7o longer are we tal3ing of the traditional law teaching )ethod of confining the sub.ect study to the Corporation Code and the "ecurities Code but an incursion as well into the intertwining )odern )anage)ent issues. "uch corporate legal )anage)ent issues deal pri)arily with three #1$ types of learning( #1$ ac0uisition of insights into current advances which are of particular significance to the corporate counsel= #5$ an introduction to usable disciplinary s3ins applicable to a corporate counsel's )anage)ent responsibilities= and #1$ a devotion to the organi+ation and )anage)ent of the legal function itself. These three sub.ect areas )ay be thought of as intersecting circles, with a shared area lin3ing the). 6therwise 3nown as 4intersecting )anagerial .urisprudence,4 it for)s a unifying the)e for the corporate counsel's total learning. "o)e current advances in behavior and policy sciences affect the counsel's role. Eor that )atter, the corporate lawyer reviews the globali+ation process, including the resulting strategic repositioning that the fir)s he provides counsel for are re0uired to )a3e, and the need to thin3 about a corporation's= strategy at )ultiple levels. The salience of the nation-state is being reduced as fir)s deal both with global )ultinational entities and si)ultaneously with sub-national govern)ental units. Eir)s increasingly collaborate not only with public entities but with each other J often with those who are co)petitors in other arenas. Also, the nature of the lawyer's participation in decision4$aking within the corporation is rapidly changing. The $ode$ corporate lawyer has gained a new role as a stakeholder , in so$e cases participating in the organi5ation and operations of governance through participation on boards and other decision4$aking roles. 6ften these new patterns develop alongside existing legal institutions and laws are perceived as barriers. These trends are co)plicated as corporations organi+e for global operations. # *)phasis supplied$ The practising lawyer of today is fa$iliar as well with govern$ental policies toward the pro$otion and $anage$ent of technology. 6ew collaborative arrange$ents for pro$oting specific technologies or co$petitiveness $ore generally re*uire

approaches fro$ industry that differ fro$ older, $ore adversarial relationships and traditional for$s of seeking to influence govern$ental policies. %nd there are lessons to be learned fro) other countries. &n *urope, 1sprit, 1ureka and &ace are exa)ples of collaborative efforts between govern)ental and business >apan's "'T' is world fa)ous. #*)phasis supplied$ Eollowing the concept of boundary spanning, the office of the Corporate Counsel co)prises a distinct group within the )anagerial structure of all 3inds of organi+ations. *ffectiveness of both longter) and te)porary groups within organi+ations has been found to be related to indentifiable factors in the group-context interaction such as the groups actively revising their 3nowledge of the environ)ent coordinating wor3 with outsiders, pro)oting tea) achieve)ents within the organi+ation. &n general, such external activities are better predictors of tea) perfor)ance than internal group processes. 'n a crisis situation, the legal $anagerial capabilities of the corporate lawyer vis4a4vis the $anagerial $ettle of corporations are challenged. Current research is see3ing ways both to anticipate effective )anagerial procedures and to understand relationships of financial liability and insurance considerations. #*)phasis supplied$ 2egarding the s3ills to apply by the corporate counsel, three factors are apropos( 7irst yste$ Dyna$ics. The field of syste)s dyna)ics has been found an effective tool for new )anagerial thin3ing regarding both planning and pressing i))ediate proble)s. %n understanding of the role of feedbac3 loops, inventory levels, and rates of flow, enable users to si)ulate all sorts of syste)atic proble)s J physical, econo)ic, )anagerial, social, and psychological. 6ew progra$$ing techni*ues now $ake the syste$ dyna$ics principles $ore accessible to $anagers , including corporate counsels. #*)phasis supplied$ econd Decision Analysis. This enables users to $ake better decisions involving co$ple!ity and uncertainty. 'n the conte!t of a law depart$ent, it can be used to appraise the settle$ent value of litigation, aid in negotiation settle$ent, and $ini$i5e the cost and risk involved in $anaging a portfolio of cases. #*)phasis supplied$

Third "odeling for 6egotiation "anage$ent. Co)puter-based )odels can be used directly by parties and )ediators in all lands of negotiations. %ll integrated set of such tools provide coherent and effective negotiation support, including hands-on on instruction in these techni0ues. % si)ulation case of an international .oint venture )ay be used to illustrate the point. @/e this as it )ay,A the organi+ation and )anage)ent of the legal function, concern three pointed areas of consideration, thus( #reventive Lawyering. ,lanning by lawyers re0uires special s3ills that co)prise a )a.or part of the general counsel's responsibilities. They differ fro) those of re)edial law. ,reventive lawyering is concerned with )ini)i+ing the ris3s of legal trouble and )axi)i+ing legal rights for such legal entities at that ti)e when transactional or si)ilar facts are being considered and )ade. "anagerial )urisprudence. This is the fra)ewor3 within which are underta3en those activities of the fir) to which legal conse0uences attach. &t needs to be directly supportive of this nation's evolving econo)ic and organi+ational fabric as fir)s change to stay co)petitive in a global, interdependent environ)ent. The practice and theory of 4law4 is not ade0uate today to facilitate the relationships needed in trying to )a3e a global econo)y wor3. (rgani5ation and 7unctioning of the Corporate Counsel's (ffice. The general counsel has e)erged in the last decade as one of the )ost vibrant subsets of the legal profession. The corporate counsel hear responsibility for 3ey aspects of the fir)'s strategic issues, including structuring its global operations, )anaging i)proved relationships with an increasingly diversified body of e)ployees, )anaging expanded liability exposure, creating new and varied interactions with public decision-)a3ers, coping internally with )ore co)plex )a3e or by decisions. This whole exercise drives ho)e the thesis that 3nowing corporate law is not enough to )a3e one a good general corporate counsel nor to give hi) a full sense of how the legal syste) shapes corporate activities. %nd even if the corporate lawyer's ai) is not the understand all of the law's effects on corporate activities, he )ust, at the very least, also gain a wor3ing 3nowledge of the )anage)ent issues if only to be able to grasp not only the basic legal 4constitution' or

)a3eup of the )ode) corporation. 4Business tar4, 4The Corporate Counsel,4 %pril 1:, 1991, p. ;$. The challenge for lawyers #both of the bar and the bench$ is to have )ore than a passing 3nowledge of financial law affecting each aspect of their wor3. Iet, )any would ad)it to ignorance of vast tracts of the financial law territory. What transpires next is a dile))a of professional security( Will the lawyer ad)it ignorance and ris3 opprobriu)G= or will he feign understanding and ris3 exposureG #Business tar, 4Corporate Einance law,4 >an. 11, 19 9, p. ;$. 2espondent Christian <onsod was no)inated by ,resident Cora+on C. %0uino to the position of Chair)an of the C6<*C*C in a letter received by the "ecretariat of the Co))ission on %ppoint)ents on %pril 59, 1991. ,etitioner opposed the no)ination because allegedly <onsod does not possess the re0uired 0ualification of having been engaged in the practice of law for at least ten years. 6n >une 9, 1991, the Co))ission on %ppoint)ents confir)ed the no)ination of <onsod as Chair)an of the C6<*C*C. 6n >une 1 , 1991, he too3 his oath of office. 6n the sa)e day, he assu)ed office as Chair)an of the C6<*C*C. Challenging the validity of the confir)ation by the Co))ission on %ppoint)ents of <onsod's no)ination, petitioner as a citi+en and taxpayer, filed the instant petition for certiorari and ,rohibition praying that said confir)ation and the conse0uent appoint)ent of <onsod as Chair)an of the Co))ission on *lections be declared null and void. %tty. Christian <onsod is a )e)ber of the ,hilippine /ar, having passed the bar exa)inations of 198: with a grade of 899K. -e has been a dues paying )e)ber of the &ntegrated /ar of the ,hilippines since its inception in 19!5-!1. -e has also been paying his professional license fees as lawyer for )ore than ten years. #p. 15;, 2ollo$ %fter graduating fro) the College of Caw #B.,.$ and having hurdled the bar, Atty. "onsod worked in the law office of his father. Huring his stint in the World /an3 Droup #198119!:$, "onsod worked as an operations officer for about two years in Costa &ica and #ana$a, which involved getting ac*uainted with the laws of $e$ber4countries negotiating loans and coordinating legal, econo$ic, and pro%ect work of the Bank. 8pon returning to the #hilippines in 9:;<, he worked with the "eralco 3roup, served as chief e!ecutive officer of an invest$ent bank and subse*uently of a business conglo$erate, and since 9:=>, has rendered services to various co$panies as a legal and econo$ic consultant or chief e!ecutive officer. As for$er ecretary43eneral ?9:=>@ and 6ational Chair$an ?9:=;@ of 6A"7&1L. "onsod's work involved being knowledgeable in election law. Ae appeared for 6A"7&1L in its accreditation hearings before the Co$elec. 'n the field of advocacy, "onsod, in his personal capacity and as for$er Co4Chair$an of the Bishops

Business$en's Conference for Au$an Develop$ent, has worked with the under privileged sectors, such as the far$er and urban poor groups, in initiating, lobbying for and engaging in affir$ative action for the agrarian refor$ law and lately the urban land refor$ bill. "onsod also $ade use of his legal knowledge as a $e$ber of the Davide Co$$ission, a *uast %udicial body, which conducted nu$erous hearings ?9::<@ and as a $e$ber of the Constitutional Co$$ission ?9:=>49:=;@, and Chair$an of its Co$$ittee on Accountability of #ublic (fficers, for which he was cited by the #resident of the Co$$ission, )ustice Cecilia "uBo54#al$a for +innu$erable a$end$ents to reconcile govern$ent functions with individual freedo$s and public accountability and the party4list syste$ for the Aouse of &epresentative. ?pp. 9C=49C: &ollo@ ? 1$phasis supplied@ >ust a word about the work of a negotiating tea$ of which %tty. <onsod used to be a )e)ber. &n a loan agree)ent, for instance, a negotiating panel acts as a tea), and which is ade0uately constituted to )eet the various contingencies that arise during a negotiation. /esides top officials of the /orrower concerned, there are the legal officer #such as the legal counsel$, the finance )anager, and an operations officer #such as an official involved in negotiating the contracts$ who co)prise the )e)bers of the tea). #Duiller)o ?. "oliven, 4Coan 7egotiating "trategies for Heveloping Country /orrowers,4 "taff ,aper 7o. 5, Central /an3 of the ,hilippines, <anila, 19 5, p. 11$. #*)phasis supplied$ %fter a fashion, the loan agree)ent is li3e a country's Constitution= it lays down the law as far as the loan transaction is concerned. Thus, the )eat of any Coan %gree)ent can be co)part)entali+ed into five #9$ funda)ental parts( #1$ business ter)s= #5$ borrower's representation= #1$ conditions of closing= #;$ covenants= and #9$ events of default. #'bid., p. 11$. &n the sa)e vein, lawyers play an i$portant role in any debt restructuring progra$. Eor aside fro) perfor)ing the tas3s of legislative drafting and legal advising, they score national develop)ent policies as 3ey factors in )aintaining their countries' sovereignty. #Condensed fro) the wor3 paper, entitled 4Wanted( Hevelop)ent Cawyers for Heveloping 7ations,4 sub)itted by C. <ichael -ager, regional legal adviser of the Bnited "tates %gency for &nternational Hevelop)ent, during the "ession on Caw for the Hevelop)ent of 7ations at the %bid.an World Conference in &vory Coast, sponsored by the World ,eace Through Caw Center on %ugust 58-11, 19!1$. # *)phasis supplied$

Loan concessions and co$pro$ises, perhaps even $ore so than purely renegotiation policies, de$and e!pertise in the law of contracts, in legislation and agree$ent drafting and in renegotiation. 7ecessarily, a sovereign lawyer )ay wor3 with an international business specialist or an econo)ist in the for)ulation of a )odel loan agree)ent. Hebt restructuring contract agree)ents contain such a )ixture of technical language that they should be carefully drafted and signed only with the advise of co)petent counsel in con.unction with the guidance of ade0uate technical support personnel. # ee 'nternational Law Aspects of the #hilippine 1!ternal Debts, an unpublished dissertation, B.".T. Draduate "chool of Caw, 19 !, p. 151$. # *)phasis supplied$ % critical aspect of sovereign debt restructuringLcontract construction is the set of ter)s and conditions which deter)ines the contractual re)edies for a failure to perfor) one or )ore ele)ents of the contract. % good agree)ent )ust not only define the responsibilities of both parties, but )ust also state the recourse open to either party when the other fails to discharge an obligation. Eor a co)pleat debt restructuring represents a devotion to that principle which in the ulti)ate analysis is sine *ua non for foreign loan agree)ents-an adherence to the rule of law in do)estic and international affairs of whose 3ind B.". "upre)e Court >ustice 6liver Wendell -ol)es, >r. once said( 4They carry no banners, they beat no dru)s= but where they are, )en learn that bustle and bush are not the e0ual of 0uiet genius and serene )astery.4 #"ee 2icardo >. 2o)ulo, 4The 2ole of Cawyers in Eoreign &nvest)ents,4 &ntegrated /ar of the ,hilippine >ournal, ?ol. 19, 7os. 1 and ;, Third and Eourth Muarters, 19!!, p. 589$. 'nterpreted in the light of the various definitions of the ter$ #ractice of law+. particularly the $odern concept of law practice, and taking into consideration the liberal construction intended by the fra$ers of the Constitution, Atty. "onsod's past work e!periences as a lawyer4econo$ist, a lawyer4 $anager, a lawyer4entrepreneur of industry, a lawyer4 negotiator of contracts, and a lawyer4legislator of both the rich and the poor , verily $ore than satisfy the constitutional re*uire$ent , that he has been engaged in the practice of law for at least ten years. /esides in the leading case of Luego v. Civil ervice Co$$ission, 1;1 "C2% 15!, the Court said( Appoint$ent is an essentially discretionary power and )ust be perfor)ed by the officer in which it is vested according to his best

lights, the only condition being that the appointee should possess the 0ualifications re0uired by law. &f he does, then the appoint)ent cannot be faulted on the ground that there are others better 0ualified who should have been preferred. This is a political *uestion involving considerations of wisdo$ which only the appointing authority can decide. #e)phasis supplied$ 7o less e)phatic was the Court in the case of #Central Bank v. Civil ervice Co$$ission, 1!1 "C2% !;;$ where it stated( &t is well-settled that when the appointee is 0ualified, as in this case, and all the other legal re0uire)ents are satisfied, the Co))ission has no alternative but to attest to the appoint)ent in accordance with the Civil "ervice Caw. The Co))ission has no authority to revo3e an appoint)ent on the ground that another person is )ore 0ualified for a particular position. &t also has no authority to direct the appoint)ent of a substitute of its choice. To do so would be an encroach$ent on the discretion vested upon the appointing authority. An appoint$ent is essentially within the discretionary power of who$soever it is vested, sub%ect to the only condition that the appointee should possess the *ualifications re*uired by law. # *)phasis supplied$ The appointing process in a regular appoint)ent as in the case at bar, consists of four #;$ stages( #1$ no)ination= #5$ confir)ation by the Co))ission on %ppoint)ents= #1$ issuance of a co))ission #in the ,hilippines, upon sub)ission by the Co))ission on %ppoint)ents of its certificate of confir)ation, the ,resident issues the per)anent appoint)ent= and #;$ acceptance e.g., oath-ta3ing, posting of bond, etc. . . . #Lacson v. &o$ero, 7o. C-1: 1, 6ctober 1;, 19;9= Don+ales, Caw on ,ublic 6fficers, p. 5::$ The 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 *lections is )andated by "ection 1#5$ "ub%rticle C, %rticle &' of the Constitution which provides( The Chair)an and the Co))isioners shall be appointed by the ,resident with the consent of the Co))ission on %ppoint)ents for a ter) of seven years without reappoint)ent. 6f those first appointed, three <e)bers shall hold office for seven years, two <e)bers for five years, and the last <e)bers for three years, without reappoint)ent. %ppoint)ent to any vacancy shall be only for the unexpired ter) of the predecessor. &n no case shall any <e)ber be appointed or designated in a te)porary or acting capacity.

%nent >ustice Teodoro ,adilla's separate opinion, suffice it to say that his definition of the practice of law is the traditional or stereotyped notion of law practice, as distinguished 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, >ustice ,adilla's definition would re0uire generally a habitual law practice, perhaps practised two or three ti)es a wee3 and would outlaw say, law practice once or twice a year for ten consecutive years. Clearly, this is far fro) the constitutional intent. Bpon the other hand, the separate opinion of >ustice &sagani Cru+ states that in )y written opinion, & )ade use of a definition of law practice which really )eans nothing because the definition says that law practice 4 . . . is what people ordinarily )ean by the practice of law.4 True & cited the definition but only by way of sarcas) as evident fro) )y state)ent that the definition of law practice by 4traditional areas of law practice is essentially tautologous4 or defining a phrase by )eans of the phrase itself that is being defined. >ustice Cru+ goes on to say in substance that since the law covers al)ost all situations, )ost individuals, in )a3ing use of the law, or in advising others on what the law )eans, are actually practicing law. &n that sense, perhaps, but we should not lose sight of the fact that <r. <onsod is a lawyer, a $e$ber of the #hilippine Bar, who has been practising law for over ten years. This is different fro) the acts of persons practising law, without first beco$ing lawyers. >ustice Cru+ also says that the "upre)e Court can even dis0ualify an elected ,resident of the ,hilippines, say, on the ground that he lac3s one or )ore 0ualifications. This )atter, & greatly doubt. Eor one thing, how can an action or petition be brought against the ,residentG %nd even assu)ing that he is indeed dis0ualified, how can the action be entertained since he is the incu)bent ,residentG We now proceed( The Co))ission on the basis of evidence sub)itted doling the public hearings on <onsod's confir)ation, i)plicitly deter)ined that he possessed the necessary 0ualifications as re0uired by law. The .udg)ent rendered by the Co))ission in the exercise of such an ac3nowledged power is beyond .udicial interference except only upon a clear showing of a grave abuse of discretion a)ounting to lac3 or excess of .urisdiction. #%rt. ?&&&, "ec. 1 Constitution$. Thus, only where such grave abuse of discretion is clearly shown shall the Court interfere with the Co))ission's .udg)ent. &n the instant case, there is no occasion for the exercise of the Court's corrective power, since no abuse, )uch less a grave abuse of discretion, that would a)ount to lac3 or excess of .urisdiction and would warrant the issuance of the writs prayed, for has been clearly shown. %dditionally, consider the following(

#1$ &f the Co))ission on %ppoint)ents re%ects a no)inee by the ,resident, )ay the "upre)e Court reverse the Co))ission, and thus in effect confir$ the appoint)entG Clearly, the answer is in the negative. #5$ &n the sa)e vein, )ay the Court re%ect the no)inee, who) the Co))ission has confir$edG The answer is li3ewise clear. #1$ &f the Bnited "tates "enate #which is the confir)ing body in the B.". Congress$ decides to confir$a ,residential no)inee, it would be incredible that the B.". "upre)e Court would still reverse the B.". "enate. Einally, one significant legal )axi) is( We )ust interpret not by the letter that 3illeth, but by the spirit that giveth life. Ta3e this hypothetical case of "a)son and Helilah. 6nce, the procurator of >udea as3ed Helilah #who was "a)son's beloved$ for help in capturing "a)son. Helilah agreed on condition that J 7o blade shall touch his s3in= 7o blood shall flow fro) his veins. When "a)son #his long hair cut by Helilah$ was captured, the procurator placed an iron rod burning white-hot two or three inches away fro) in front of "a)son's eyes. This blinded the )an. Bpon hearing of what had happened to her beloved, Helilah was beside herself with anger, and fu)ing with righteous fury, accused the procurator of reneging on his word. The procurator cal)ly replied( 4Hid any blade touch his s3inG Hid any blood flow fro) his veinsG4 The procurator was clearly relying on the letter, not the spirit of the agree)ent. &n view of the foregoing, this petition is hereby H&"<&""*H. "6 62H*2*H.

C!)et!"o .. Mo"'o# /G.R. No. 1001130 ARTIES1 #1$ ,etitioner N 2enato Cayetano #5$ 2espondents N Christian <onsod, -on. >ovito 2. "alonga, Co))ission on %ppoint)ent, and -on. Duiller)o Carague #"ec. 6f /udget and <anage)ent$ S$MMARY1 2espondent <onsod was no)inated by ,res. Cora+on %0uino to the position of Chair)an of the C6<*C*C. ,etitioner Cayetano opposed the no)ination on the contention that <onsod allegedly do not have the re0uired 0ualification of having been engaged in the practice of law for at least ten years. ARG$MENTS1 #1$ Mualifications *stablished that respondent <onsod is a )e)ber of the ,hilippine /ar #passed in 198:$ and a graduate of the B, College of Caw. %lso wor3ed for a short while in his fatherOs law fir). -ad a stint with the World /an3 Droup as an operations officer for about two years which involved getting ac0uainted with the laws of )e)ber-countries negotiating loans and coordinating legal, econo)ic, and pro.ect wor3 of the /an3. Wor3ed with the <eralco Droup, served as C*6 of an invest)ent ban3, and subse0uently of a business conglo)erate. "ince 19 8, has rendered services to various co)panies as a legal and econo)ic consultant or C*6. Was a for)er "ecretary-Deneral and 7ational Chair)an of 7%<E2*C. Pnowledgeable in election law. %s for)er Co-Chair)an of the /ishops /usiness)enOs Conference for -u)an Hevelop)ent, wor3ed with the under privileged sectors in initiating, lobbying for and engaging in affir)ative action for the agrarian refor) law and urban land refor) bill. % )e)ber of the Havide Co))ission, a 0uast.udicial body which conducted nu)erous hearings, a )e)ber of the Constitutional Co))ission, and Chair)an of the Co))ittee on %ccountability of ,ublic 6fficers

the Co))ission has no alternative but to attest to the appoint)ent of a person who is 0ualified and has all the legal re0uire)ents. D9:=; Constitution ec.9?9@ Article 'E4C F &1G8'&1"16T H 9@ natural4born citi5ens of the #hilippines C@ at least IJ yrs. (ld I@ college degree K@ not candidates in the i$$ediately preceding elections J@ $e$bers of the #hilippine Bar who have been engaged in the practice of law for at least ten years DECISION1 ,etition dis)issed on the belief that the .udg)ent rendered by the Co))ission in the exercise of its ac3nowledged power is beyond .udicial interference. There is no occasion for the exercise of the CourtOs corrective power, since no abuse leading to lac3 or excess of .urisdiction has been clearly shown.

%tty. <onsodOs past wor3 experience as a lawyer-consultant, lawyer-)anager, lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyerlegislator of both the rich and the poor satisfies the constitutional re0uire)ent of engaging in the practice of law for at least ten years. #5$ Citing case Cuego v. Civil "ervice Co))ission #1;1 "C2% 15!$, appoint)ent is an essentially discretionary power and )ust be perfor)ed by the officer in which it is vested. #1$ %nother case of Central /an3 v. Civil "ervice Co))ission #1!1 "C2% !;;$ where it is stated that

G.R. No. L219340

M!) 56, 1974

THE EO LE O8 THE HILI INES, plaintiffappellee, vs. SIM LICIO VILLAN$EVA, defendant-appellant. AREDES, J.: 6n "epte)ber ;, 1999, the Chief of ,olice of %la)inos, Caguna, charged "i)plicio ?illanueva with the Cri)e of <alicious <ischief before the >ustice of the ,eace Court of said )unicipality. "aid accused was represented by counsel de officio but later on replaced by counsel de parte. The co)plainant in the sa)e case was represented by City %ttorney %riston Eule of "an ,ablo City, having entered his appearance as private prosecutor, after securing the per)ission of the "ecretary of >ustice. The condition of his appearance as such, was that every ti)e he would appear at the trial of the case, he would be considered on official leave of absence, and that he would not receive any pay)ent for his services. The appearance of City %ttorney Eule as private prosecutor was 0uestioned by the counsel for the accused, invo3ing the case of A*uino, et al. vs. Blanco, et al., C-1915, 7ov. 5 , 19;!, wherein it was ruled that 4when an attorney had been appointed to the position of %ssistant ,rovincial Eiscal or City Eiscal and therein 0ualified, by operation of law, he ceased to engage in private law practice.4 Counsel then argued that the >, Court in entertaining the appearance of City %ttorney Eule in the case is a violation of the above ruling. 6n Hece)ber 1!, 198: the >, issued an order sustaining the legality of the appearance of City %ttorney Eule. Bnder date of >anuary ;, 1981, counsel for the accused presented a 4<otion to &nhibit Eiscal Eule fro) %cting as ,rivate ,rosecutor in this Case,4 this ti)e invo3ing "ection 15, 2ule 5!, now "ec. 19, 2ule 11 , 2evised 2ules of Court, which bars certain attorneys fro) practicing. Counsel clai)s that City %ttorney Eule falls under this li)itation. The >, Court ruled on the )otion by upholding the right of Eule to appear and further stating that he #Eule$ was not actually enagaged in private law practice. This 6rder was appealed to the CE& of Caguna, presided by the -on. -ilarion B. >arencio, which rendered .udg)ent on Hece)ber 5:, 1981, the pertinent portions of which read( The present case is one for )alicious )ischief. There being no reservation by the offended party of the civil liability, the civil action was dee)ed i)pliedly instituted with the cri)inal action. The offended party had, therefore, the right to intervene in the case and be represented by a legal counsel because of her interest in the civil liability of the accused. "ec. 11, 2ule 15! of the 2ules of Court provides that in the court of a .ustice of the peace a party )ay conduct his litigation in person, with the aid of an agent or friend appointed by hi) for that purpose, or with the aid of an attorney. %ssistant City %ttorney Eule appeared in the >ustice of the ,eace Court as an agent or friend of the offended party. &t does not appear that he was being paid for his services or that

his appearance was in a professional capacity. %s %ssistant City %ttorney of "an ,ablo he had no control or intervention whatsoever in the prosecution of cri)es co))itted in the )unicipality of %la)inos, Caguna, because the prosecution of cri)inal cases co)ing fro) %la)inos are handled by the 6ffice of the ,rovincial Eiscal and not by the City %ttornev of "an ,ablo. There could be no possible conflict in the duties of %ssistant City %ttorney Eule as %ssistant City %ttorney of "an ,ablo and as private prosecutor in this cri)inal case. 6n the other hand, as already pointed out, the offended party in this cri)inal case had a right to be represented by an agent or a friend to protect her rights in the civil action which was i)pliedly instituted together with the cri)inal action. &n view of the foregoing, this Court holds that %sst. City %ttorney %riston H. Eule )ay appear before the >ustice of the ,eace Court of %la)inos, Caguna as private prosecutor in this cri)inal case as an agent or a friend of the offended party. W-*2*E62*, the appeal fro) the order of the >ustice of the ,eace Court of %la)inos, Caguna, allowing the apprearance of %riston H. Eule as private prosecutor is dis)issed, without costs. The above decision is the sub.ect of the instant proceeding. The appeal should be dis)issed, for patently being without )erits.9LwphM9.BNt %side fro) the considerations advanced by the learned trial .udge, heretofore reproduced, and which we consider plausible, the fallacy of the theory of defense counsel lies in his confused interpretation of "ection 15 of 2ule 15! #now "ec. 19, 2ule 11 , 2evised 2ules$, which provides that 4no .udge or other official or e)ployee of the superior courts or of the office of the "olicitor Deneral, shall engage in private practice as a )e)ber of the bar or give professional advice to clients.4 -e clai)s that City %ttorney Eule, in appearing as private prosecutor in the case was engaging in private practice. We believe that the isolated appearance of City %ttorney Eule did not constitute private practice within the )eaning and conte)plation of the 2ules. ,ractice is )ore than an isolated appearance, for it consists in fre0uent or custo)ary actions, a succession of acts of the sa)e 3ind. &n other words, it is fre0uent habitual exercise #"tate vs. Cotner, 15!, p. 1, ! Pan. 8;, ;5 C2%, <.". !8 $. ,ractice of law to fall within the prohibition of statute has been interpreted as custo)arily or habitually holding one's self out to the public, as custo)arily and de)anding pay)ent for such services #"tate vs. /ryan, ; ".*. 955, 9 7.C. 8;;, 8;!$. The appearance as counsel on one occasion is not conclusive as deter)inative of engage)ent in the private practice of law. The following observation of the "olicitor Deneral is noteworthy( *ssentially, the word private practice of law i)plies that one )ust have presented hi)self to be in the active and continued practice of the legal profession and that his professional services are available to the

public for a co)pensation, as a source of his livelihood or in consideration of his said services. Eor one thing, it has never been refuted that City %ttorney Eule had been given per)ission by his i))ediate superior, the "ecretary of >ustice, to represent the co)plainant in the case at bar, who is a relative. C67E62<%/CI W&T- %CC T-* E62*D6&7D, the decision appealed fro) should be, as it is hereby affir)ed, in all respects, with costs against appellant.. <ay 5!, 1989 D.2. THE EO LE O8 THE 7o. HILI C-19;9: INES , plaintiff-appellee,

private law practice. This 6rder was appealed to the CE& of Caguna, presided by the -on. -ilarion B. >arencio, which rendered .udg)ent on Hece)ber 5:, 1981, the pertinent portions of which read( The present case is one for $alicious $ischief. There being no reservation by the offended party of the civil liability, the civil action was dee$ed i$pliedly instituted with the cri$inal action. The offended party had, therefore, the right to intervene in the case and be represented by a legal counsel because of her interest in the civil liability of the accused. ec. I9, &ule 9C; of the &ules of Court provides that in the court of a %ustice of the peace a party $ay conduct his litigation in person, with the aid of an agent or friend appointed by hi$ for that purpose, or with the aid of an attorney. Assistant City Attorney 7ule appeared in the )ustice of the #eace Court as an agent or friend of the offended party. 't does not appear that he was being paid for his services or that his appearance was in a professional capacity. As Assistant City Attorney of an #ablo he had no control or intervention whatsoever in the prosecution of cri$es co$$itted in the $unicipality of Ala$inos, Laguna, because the prosecution of cri$inal cases co$ing fro$ Ala$inos are handled by the (ffice of the #rovincial 7iscal and not by the City Attornev of an #ablo. There could be no possible conflict in the duties of Assistant City Attorney 7ule as Assistant City Attorney of an #ablo and as private prosecutor in this cri$inal case. (n the other hand, as already pointed out, the offended party in this cri$inal case had a right to be represented by an agent or a friend to protect her rights in the civil action which was i$pliedly instituted together with the cri$inal action. 'n view of the foregoing, this Court holds that Asst. City Attorney Ariston D. 7ule $ay appear before the )ustice of the #eace Court of Ala$inos, Laguna as private prosecutor in this cri$inal case as an agent or a friend of the offended party. -A1&17(&1, the appeal fro$ the order of the )ustice of the #eace Court of Ala$inos, Laguna, allowing the apprearance of Ariston D. 7ule as private prosecutor is dis$issed, without costs. The above decision is the sub.ect of the instant proceeding. The appeal should be dis)issed, for patently being without )erits.

vs. SIM LICIO VILLAN$EVA, defendant-appellant. !re#e', J.1 6n "epte)ber ;, 1999, the Chief of ,olice of %la)inos, Caguna, charged "i)plicio ?illanueva with the Cri)e of <alicious <ischief before the >ustice of the ,eace Court of said )unicipality. "aid accused was represented by counsel de officio but later on replaced by counsel de parte. The co)plainant in the sa)e case was represented by City %ttorney %riston Eule of "an ,ablo City, having entered his appearance as private prosecutor, after securing the per)ission of the "ecretary of >ustice. The condition of his appearance as such, was that every ti)e he would appear at the trial of the case, he would be considered on official leave of absence, and that he would not receive any pay)ent for his services. The appearance of City %ttorney Eule as private prosecutor was 0uestioned by the counsel for the accused, invo3ing the case of A*uino, et al. vs. Blanco, et al. , C-1915, 7ov. 5 , 19;!, wherein it was ruled that Qwhen an attorney had been appointed to the position of %ssistant ,rovincial Eiscal or City Eiscal and therein 0ualified, by operation of law, he ceased to engage in private law practice.R Counsel then argued that the >, Court in entertaining the appearance of City %ttorney Eule in the case is a violation of the above ruling. 6n Hece)ber 1!, 198: the >, issued an order sustaining the legality of the appearance of City %ttorney Eule. Bnder date of >anuary ;, 1981, counsel for the accused presented a Q<otion to &nhibit Eiscal Eule fro) %cting as ,rivate ,rosecutor in this Case,R this ti)e invo3ing "ection 15, 2ule 5!, now "ec. 19, 2ule 11 , 2evised 2ules of Court, which bars certain attorneys fro) practicing. Counsel clai)s that City %ttorney Eule falls under this li)itation. The >, Court ruled on the )otion by upholding the right of Eule to appear and further stating that he #Eule$ was not actually engaged in

%side fro) the considerations advanced by the learned trial .udge, heretofore reproduced, and which we consider plausible, the fallacy of the theory of defense counsel lies in his confused interpretation of "ection 15 of 2ule 15! #now "ec. 19, 2ule 11 , 2evised 2ules$, which provides that Qno .udge or other official or e)ployee of the superior courts or of the office of the "olicitor Deneral, shall engage in private practice as a )e)ber of the bar or give professional advice to clients.R -e clai)s that City %ttorney Eule, in appearing as private prosecutor in the case was engaging in private practice. We believe that the isolated appearance of City %ttorney Eule did not constitute private practice within the )eaning and conte)plation of the 2ules. ,ractice is )ore than an isolated appearance, for it consists in fre0uent or custo)ary actions, a succession of acts of the sa)e 3ind. &n other words, it is fre0uent habitual exercise #"tate vs. Cotner, 15!, p. 1, ! Pan. 8;, ;5 C2%, <.". !8 $. ,ractice of law to fall within the prohibition of statute has been interpreted as custo)arily or habitually holding oneOs self out to the public, as custo)arily and de)anding pay)ent for such services #"tate vs. /ryan, ; ".*. 955, 9 7.C. 8;;, 8;!$. The appearance as counsel on one occasion is not conclusive as deter)inative of engage)ent in the private practice of law. The following observation of the "olicitor Deneral is noteworthy( 1ssentially, the word private practice of law i$plies that one $ust have presented hi$self to be in the active and continued practice of the legal profession and that his professional services are available to the public for a co$pensation, as a source of his livelihood or in consideration of his said services. Eor one thing, it has never been refuted that City %ttorney Eule had been given per)ission by his i))ediate superior, the "ecretary of >ustice, to represent the co)plainant in the case at bar, who is a relative. C67E62<%/CI W&T- %CC T-* E62*D6&7D, the decision appealed fro) should be, as it is hereby affir)ed, in all respects, with costs against appellant.