CAYETANO vs MONSODParties: Atty. Renato Cayetano Petitioner; Atty. Christian Monsod Respondent

FACTS:Atty. Christian Monsod was nominated by President Corazon C. Aquino to theposition ofchairman of the COMELEC. Atty. Rene Cayetano opposed the nomination because allegedly Monsod does not possess the required qualification of having been engaged in thepractice of law for at least ten years. The1987 constitution provides in Section 1, Article IX-C: There shall be aCommission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at thetime of their appointment, at least thirty-five years of age, holders of a college degree, andmust not have been candidates for anyelective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have beenengaged in the practice of law for atleast ten years. Atty. Monsod was a member of good standing in the Bar for more than ten (10) years. He worked:

- As a lawyer in the law office of his father (1960-1963);

- As an operations officer with the World Bank Group (1963-1970);

- As a Chief Executive Officer of an investment bank (1970-1986);

- As a legal or economic consultant on various companies (1986);

- As Secretary General of NAMFREL (1986);

- As a member of Constitutional Commission (1986-1987);

- As National Chairman of NAMFREL (1987); and,

- As a member of thequasi-judicialDavide Commission (1990)

ISSUE:

WON the above mentioned activities may be considered to constitute the practice of law.

RULING:

YES. By majority vote.

Blacks Legal Dictionary (Practice of Law): The rendition of services requiring the knowledge and the application of legal principles and technique to serve the interest of another with his consent.

The Supreme Courtheld that, Practice of law means any activity, in or out court, which requires the application oflaw, legal procedure, knowledge, trainingand experience. The appointment ofMonsod is in accordance with the requirement oflaw as having been engagedin the practice of law for atleast ten years. Monsods past work experiences as a lawyer-economist, alawyer-manager, alawyer-entrepreneur of industry,a lawyer negotiator of contracts anda lawyer-legislator of both therich and the poor verily more than satisfy theconstitutional requirement that he has been engaged inthe practice of law for at least tenyears. In the case of Philippine Lawyers Association vs. Agrava, the practice of law is not limited to theconduct of cases and litigation in court; it embraces the preparation of pleadings and other papers incident toactions and social proceedings and other similar work which involves the determination by a legal mind the legal effects of facts andconditions. Records of the 1986 Constitutional Commission show that it has adopted a liberal interpretation of the term practice of law