CAYETANO VS, MONSOD

201 SCRA 201

September 1991

Facts:
 Christian Monsod, respondent, was nominated by the former President Corazon C. Aquino as the
Chairperson of the Commission on Election.
 Thereafter, Renato Cayetano, herein the petitioner, opposed the said nomination contending that the
respondent does not possess the required qualifications of having been engaged in the practice of law
for at least 10 years.
 As provided for in the Section 6 of Article 9-C of the 1987 Philippine Constitution, it states that “There
shall be a Commission on Election composed of a Chairman and six (6) Commissioners who shall be:
o Natural-Born Filipino Citizen
o At least 35 years of age, at the time of their appointments
o Holder of a college degree; and
o Must not have been candidates of any of the elective positions immediately preceding the said
election.
 The Constitution provides further that “A majority thereof, including the Chairman, must be a member
of the Philippine Bar and must have been engaged in the practice of law for at least 10 years.”

Issue:
Whether respondent, Christian Monsod, does not possess the required qualification of having engaged
in the practice of law for at least 10 years.

Ruling:
 NO. The contention that Atty. Monsod does not possess the required qualification of having engaged in
the practice of law for at least 10 years is incorrect.
 The practice of law means any activity, in and out of the court, which requires the application of the
laws, legal procedure, knowledge, training and experience.
 Citing the case of Philippine Lawyers Association vs. Angara, the court ruled that 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
proceedings,
 the management of such actions and proceedings on behalf of clients before the
judges and the court; and
 conveying
 Generally, all advice to clients, and all action taken for them have been held to constitute law practice
such as matters connected with the:
o law incorporation services,
o assessment and condemnation services,
o contemplating an appearance before judicial body,
o the foreclosure of mortgage,
o enforcement of a creditor’s claim in bankruptcy and insolvency proceedings,
o and conducting proceedings in attachment, and in matters of estate and guardianship
 In the case at bar, Atty. Monsod’s past work experience as a lawyer-economist, lawyer-manager, lawyer-
entrepeneur, of industry, lawyer-negotiator of contracts, and a lawyer-legislator of both rich and poor
– verily more than satisfy the constitutional requirement for the position of COMELEC Chairman.