CAYETANO V MONSOD

Monsod is qualified as Chairman of COMELEC in fulfilling

Land Title Abstract and Trust Co v Dworken:

one who in representative capacity engages in

the requirement engaged in the practice of law for at least

business of advising clients as to their rights

ten years

under law, or while so engaged performs any act

ISSUE
WON

FACTS
1)

April 25, 1991 Atty. Christian Monsod was appointed by

2)

Pres. Aquino as Chairman of COMELEC

Rene Cayetano opposed such appointment as citizen and

taxpayer because Monsod allegedly does not possess the

or acts either in court or outside of court

UP Law Center

advocacy, counseling, public service

Alexander SyCip

appearance of lawyer in litigation is most publicly

familiar role of lawyers as well as an uncommon

required qualification of having been engaged in the practice

3)
4)

of law for at least 10 years

On June 18, 1991, Monsod took his oath of office
Monsods credentials

member of Philippine Bar since 1960

after bar, worked in law office of his father

1963-1970 in World Bank Group as operations

officer in Costa Rica and Panama involves getting
acquainted
negotiating

with
loans

laws
and

of

member-countries,
coordinating

legal,

economic and project work

1970 in Meralco Group as CEO of investment

bank
since

the courtrooms
business counseling than trying cases; as planner,

diagnostician, trial lawyer, surgeon

article on Business Star
emerging trends in corporate law

PADILLA [dissent]
-

Practice refers to actual performance of application of

knowledge as distinguished from mere possession of
knowledge; it connotes active, habitual, repeated or
customary action TF lawyer employed as business executive

companies as legal and economic consultant or

or corporate manager, other than head of Legal Department

rendered

service

to

CEO
1986-1987 secretary-general and national

chairman of NAMFREL (election law)

co-chairman
of
Bishops
Businessmens

Conference for Human Development

1990 - Davide Commission quasi-judicial body
1986-1987 member of Constitutional

Public Officers
IX-C Sec1(1) - Commission on Elections chairman shall be
the practice of law for at least 10 years

DECISION

cannot be said to be in the practice of law

People v Villanueva:

Practice is more than an isolated appearance for it

consists in frequent or customary actions, a succession

of acts of the same kind

Commission on Appointments memorandum

practice of law requires habituality, compensation,

application

of

law,

legal

principle,

practice

or

procedure, and attorney-client relationship

CRUZ [dissent]
-

sweeping definition of practice of law as to render the

qualification practically toothless

there is hardly any activity that is not affected by some law
or government regulation the businessman must know about

YES
Practice of Law means any activity, in or out of court which
requires the application of law, legal procedure, knowledge,

Monsod as lawyer-economist, lawyer-manager, lawyerentrepreneur, lawyer-negotiator, and lawyer-negotiator is

absolutely nothing
GUTIERREZ [dissent]
-

extemporaneous
nothing in the bio-data even remotely indicates Monsod has
given the law enough attention or a certain degree of

application of legal principles and technique to

practice is envisioned as active and regular, not isolated,

occasional, accidental, intermittent, incidental, seasonal or

proof he is engaged in practice of law for more than 1- year

Blacks Law Dictionary:

Rendition of service requiring the knowledge and

and observe
performance of any acts in or out of court, commonly
understood to be the practice of law which tells us

training and experience.

various

1986

members of the Philippine Bar who have been engaged in

role for the average lawyer

more legal work is transacted in law offices that in

NOTES

Commission as Chairman on Accountability of

5)

serve the interest of another with his consent

not limited to appearing in court, or advising and

commitment and participation

difficult if not impossible to lay down a formula or

assisting in the conduct of litigation, but embraces

definition of what constitutes the practice of law

Monsod was asked if he ever prepared contracts for parties

the preparation of pleadings, and other papers

incident to actions and special proceedings,
conveyancing, the preparation of legal instruments
of all kinds, and giving all legal advice to clients

in real-estate transaction; he answered very seldom

Monsod may have profited from his legal knowledge, the

use of such is incidental and consists of isolated activities
which do not fall under the denominations of practice of law