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2 Cayetano Vs Munsod
2 Cayetano Vs Munsod
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.