8/11/2019 Cayetano v. Monsod Digest

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CAYETANO v. MONSOD

FACTS

Monsod was nominated by President Aquino to the position of Chairman of the COMELEC on April 25,

11! Cayetano opposed the nomination be"ause alle#edly Monsod does not possess the required

qualifi"ation of ha$in# been en#a#ed in the pra"ti"e of law for at least ten years! Challen#in# the $alidity

of the "onfirmation by the Commission on Appointments of Monsod%s nomination, petitioner filed a

petition for Certiorari and Prohibition prayin# that said "onfirmation and the "onsequent appointment of

Monsod as Chairman of the Commission on Ele"tions be de"lared null and $oid be"ause Monsod did not

meet the requirement of ha$in# pra"ti"ed law for the last ten years!

ISSUE:

&hether or not Monsod satisfies the requirement of the position of Chairman of the COMELEC!

HELD:

'he pra"ti"e of law is not limited to the "ondu"t of "ases in "ourt! A person is also "onsidered to be in the

pra"ti"e of law when he( )! ! ! for $aluable "onsideration en#a#es in the business of ad$isin# person, firms,

asso"iations or "orporations as to their ri#hts under the law, or appears in a representati$e "apa"ity as anad$o"ate in pro"eedin#s pendin# or prospe"ti$e, before any "ourt, "ommissioner, referee, board, body,

"ommittee, or "ommission "onstituted by law or authori*ed to settle "ontro$ersies! Otherwise stated, one

who, in a representati$e "apa"ity, en#a#es in the business of ad$isin# "lients as to their ri#hts under the

law, or while so en#a#ed performs any a"t or a"ts either in "ourt or outside of "ourt for that purpose, is

en#a#ed in the pra"ti"e of law!+

Atty! Christian Monsod is a member of the Philippine ar, ha$in# passed the bar e-aminations of 1./

with a #rade of 0.!55! e has been a dues payin# member of the 3nte#rated ar of the Philippines sin"e

its in"eption in 14246! e has also been payin# his professional li"ense fees as lawyer for more than ten

years! Atty! Monsod%s past wor7 e-perien"es as a lawyere"onomist, a lawyermana#er, a lawyer

entrepreneur of industry, a lawyerne#otiator of "ontra"ts, and a lawyerle#islator of both the ri"h andthe poor 8 $erily more than satisfy the "onstitutional requirement 8 that he has been en#a#ed in the

pra"ti"e of law for at least ten years!