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  • 2 Cayetano Vs Munsod

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    Genevieve Bermudo
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    1) Christian Monsod was nominated to be Chairman of COMELEC but his qualification was challenged because he allegedly did not have 10 years of law practice. 2) Monsod worked in various legal and consulting roles from 1960-1986 and from 1986-1990. 3) The Supreme Court ruled that Monsod possessed the required qualification as the practice of law is not limited just to litigation and includes various legal advisory and consulting roles, which Monsod's experience met. Therefore, the petition challenging his qualification was dismissed.

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    2 Cayetano vs Munsod

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    1) Christian Monsod was nominated to be Chairman of COMELEC but his qualification was challenged because he allegedly did not have 10 years of law practice. 2) Monsod worked in various legal and consulting roles from 1960-1986 and from 1986-1990. 3) The Supreme Court ruled that Monsod possessed the required qualification as the practice of law is not limited just to litigation and includes various legal advisory and consulting roles, which Monsod's experience met. Therefore, the petition challenging his qualification was dismissed.

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    78 views1 page

    2 Cayetano Vs Munsod

    Uploaded by

    Genevieve Bermudo
    1) Christian Monsod was nominated to be Chairman of COMELEC but his qualification was challenged because he allegedly did not have 10 years of law practice. 2) Monsod worked in various legal and consulting roles from 1960-1986 and from 1986-1990. 3) The Supreme Court ruled that Monsod possessed the required qualification as the practice of law is not limited just to litigation and includes various legal advisory and consulting roles, which Monsod's experience met. Therefore, the petition challenging his qualification was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    1. Cayetano v.

    Munsod

    FACTS:

    Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of
    Chairman of the COMELEC in a letter received by the Secretariat of the Commission on Appointments on
    April 25, 1991. Petitioner Renato Cayetano opposed the nomination because allegedly Monsod does not
    possess the required qualification of having been engaged in the practice of law for at least ten years.
    Atty. Monsod has worked as a lawyer in the law office of his father (1960-1963); an operations officer
    with the World Bank Group (1963-1970); Chief Executive Officer of an investment bank (1970-1986);
    legal or economic consultant on various companies (1986); Secretary General of NAMFREL (1986);
    member of Constitutional Commission (1986-1987); National Chairman of NAMFREL (1987); and
    member of the quasi-judicial Davide Commission (1990).

    On June 5, 1991, the Commission on Appointments confirmed the nomination of Monsod as Chairman
    of the COMELEC. On June 18, 1991, he took his oath of office. On the same day, he assumed office as
    Chairman of the COMELEC. Challenging the validity of the confirmation by the Commission on
    Appointments of Monsod’s nomination, petitioner as a citizen and taxpayer, filed the instant petition for
    certiorari and prohibition praying that said confirmation and the consequent appointment of Monsod as
    Chairman of the Commission on Elections be declared null and void.

    ISSUE:

    Whether or not the respondent possesses the required qualification of having engaged in the practice of
    law for at least ten years.

    RULING:

    The Supreme Court ruled that Atty. Monsod possessed the required qualification. In the case of
    Philippine Lawyers Association vs. Agrava: The practice of law is not limited to the conduct of cases or
    litigation in court. In general, all advice to clients, and all action taken for them in matters connected
    with the law incorporation services, assessment and condemnation services, contemplating an
    appearance before judicial body, the foreclosure of mortgage, enforcement of a creditor’s claim in
    bankruptcy and insolvency proceedings, and conducting proceedings in attachment, and in matters of
    estate and guardianship have been held to constitute law practice.

    Practice of law means any activity, in or out court, which requires the application of law, legal
    procedure, knowledge, training and experience. “To engage in the practice of law is to perform those
    acts which are characteristics of the profession. In general, a practice of law requires a lawyer and client
    relationship, it is whether in or out of court. As such, the petition is dismissed.

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