Cayetano V Monsod

Tagorda, Kim R.
JD-4
Renato Cayetano v. Christian Monsod, et. al.

GR No 100113, Sept. 3, 1991
Facts:
Atty. Christian Monsod was nominated to the position of COMELEC Chairman which the
Constitution required the nominee to have at least 10 years practice of law. Petitioner
Cayetano opposed Monsod’s nomination alleging he lacked the qualification for practice of
law for ten years.
The Commission on Appointments confirmed the nomination of Monsod as Chairman, he
took his oath and assumed office.
Petitioner, in his capacity as a citizen and taxpayer filed the instant petition praying that the
Supreme Court declare the appointment as null and void.
Atty. Monsod worked in the law office of his father after passing the bar, worked as an
operations officer for two years in Costa Rica and Panama, and served as chief executive
officer for various companies. He was a former Secretary General of NAMFREL and a
former member of the Davide Commission.
Issue:
Whether Atty. Monsod is qualified for the position requiring him to have at least 10 years of
the practice of law.
Ruling:
Yes. Practice of law means any activity, in or out of court, which requires the application of
law, legal procedure, knowledge, training and experience. " 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 judges and courts, and in addition, conveying.
Taking into consideration the modern definition of practice of law and the liberal construction
intended by the framers of the Constitution, verily more than satisfy the constitutional
requirement — that he has been engaged in the practice of law for at least ten years.
Interpreted in the light of the various definitions of the term “practice of law”, particularly the
modern concept of law practice, and taking into consideration the liberal construction
intended by the framers of the Constitution, Atty. Monsod is a member of the Philippine Bar,
having passed the bar examinations of 1960 with the grade of 86.55%. He has been a dues
paying member of the Integrated Bar of the Philippines. After passing the Bar, he worked in
his father’s law office. Monsod also worked as an operations officer for World Bank Group
(1963-1970). Upon his return to the Philippines, he worked as Chief Executive officer of
Meralco Group, and subsequently rendered service to various company either as legal and
economic consultant or as chief executive officer. He also served as former Secretary General
(1986), and National Chairman of NAMFREL (1987), as a member of the Constitutional
Commission (1986-1987) and Davide Commission (1990), and as Chairman of Committee on
Accountability of Public Officers.
Tagorda, Kim R.
JD-4
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.
Dissenting Opinion of J. Padilla:

What constitutes practice of law? As commonly understood, "practice" refers to the actual
performance or application of knowledge as distinguished from mere possession of
knowledge; it connotes an active, habitual, repeated or customary action To "practice" law, or
any profession for that matter, means, to exercise or pursue an employment or profession
actively, habitually, repeatedly or customarily.
The respondent Commission on Appointments in a Memorandum it prepared, enumerated
several factors determinative of whether a particular activity constitutes "practice of law.” To
wit:
1. Habituality:
The term "practice of law" implies customarily or habitually holding one's self out to
the public as a lawyer. Practice is more than an isolated appearance for it consists in
frequent or customary action, a succession of acts of the same kind. In other words, it
is a habitual exercise.
2. Compensation
.Practice of law implies that one must have presented himself to be in the active and
continued practice of the legal profession and that his professional services are
available to the public for compensation, as a service of his livelihood or in
consideration of his said services.
3. Application of law legal principle practice or procedure which calls for legal
knowledge, training and experience is within the term "practice of law"; and
4. Attorney-client relationship. Engaging in the practice of law presupposes the
existence of lawyer-client relationship. Hence, where a lawyer undertakes an activity
which requires knowledge of law but involves no attorney-client relationship, such as
teaching law or writing law books or articles, he cannot be said to be engaged in the
practice of his profession or a lawyer

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Tagorda, Kim R.

Renato Cayetano v. Christian Monsod, et. al.

Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-

Dissenting Opinion of J. Padilla:

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