FACTS: Respondent Christian Monsod was nominated by President CorazonC.

Aquino to
the position of chairman of the COMELEC. Petitioner opposed the nomination because
allegedly Monsod does not posses required qualification of having been engaged in the
practice of law for at least ten years. The 1987 constitution provides in Section 1, Article
IX-C: There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, holders of acollege degree, and must
not have been candidates for any elective position in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be members of the
Philippine Bar who have been engaged in the practice of law for at least ten years.

ISSUE: Whether or not the respondent has the 10 years of practice of law requirement
for him to assume such office.

HELD: Practice of law means any activity, in or out of 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. Generally, to practice law is to give notice or render any kind of service,
which service requires the use in any degree of legal knowledge or skill.

In general a practice of law requires a lawyer-client relationship, it is whether in or out

of court. Atty. Monsods past work experience as a lawyer-economist, a lawyer-manager,
a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-
legislator of both rich and the poor verily more than satisfy the constitutional
requirement for the position of COMELEC Chairman. The respondent has been engaged
in the practice of law for at least ten years. In view of the foregoing, the petition
is DISMISSED.