RENATO CAYETANO petitioner vs CHRISTIAN MONSOD, HON JOVITO SALONGA,

COMMISION ON APPOINTMENTS, and HON GUILLERMO CARAGUE. respondents

Supreme Court
September 3, 1991
G.R. No. 100113

FACTS:
- April 1991, Respondent Christian Monsod was nominated by President Corazon Aquino
to the position of Chairman of the COMELEC in a letter received by the Secretariat of
the COA
- Petitioner opposed the nomination because allegedly, Monsod does not posses the required
qualification of having been engaged in the practice of law for at least 10 years.
- June 5 ,1991, COA confirmed the nomination of Monsod as chairman of COMELEC. He
took his oath and assumed office as chairman on June 18,1991
- Challenging the validity of the confirmation of the Commission on Appointments of
Monsod’s nomination, petitioner filed the instant petition for certiorari and prohibition
praying that the confirmation and appointment of Monsod be null and Void

ISSUE: W/N Monsod’s appointment and confirmation is acceptable and is qualified as a

Chairman of COMELEC

HELD: YES.

REASONING:

- The 1987 Constitution provides in Section 1 (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 a college degree, and must not have been candidates for any
elective positions 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.”

- Blacks Law dictionary defines the practice of law as:

“The rendition of services requiring the knowledge and the application of legal principles and
technique to serve the interest of another with his consent. It is not limited to appearing in court, or
advising and assisting in the conduct of litigation, but embraces the preparation of pleadings, and other
papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments
of all kinds, and the giving of all legal advice to clients. It embraces all advice to clients and all
actions taken for them in matters connected with the law. An attorney engages in the practice of law
by maintaining an office where he is held out to be-an attorney, using a letterhead describing himself
as an attorney, counseling clients in legal matters, negotiating with opposing counsel about pending
litigation, and fixing and collecting fees for services rendered by his associate. (Black's Law
Dictionary, 3rd ed.)”
 - Practice of law means any activity, in or out of court, which requires the application of
law, legal procedure, knowledge, training and experience.
- In Luego vs Civil Service Commission, the court said:
Appointment is an essentially discretionary power and must be performed by the officer in
which it is vested according to his best lights, the only condition being that the appointee should
possess the qualifications required by law. If he does, then the appointment cannot be faulted on the
ground that there are others better qualified who should have been preferred. This is a political
question involving considerations of wisdom which only the appointing authority can decide.
(emphasis supplied)

- Atty. Monsod's past work experiences as a lawyer-economist, a lawyer-manager, a

lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator
of both the rich and the poor — verily more than satisfy the constitutional requirement
— that he has been engaged in the practice of law for at least ten years.

SEPARATE OPINIONS:

- PADILLA, J., Dissenting

- What constitutes practice of law? As commonly understood, "practice" refers to the actual
performance or application of knowledge as distinguished from mere possession of
knowledge; it connotes an active, habitual, repeated or customary action. To "practice" law, or
any profession for that matter, means, to exercise or pursue an employment or profession
actively, habitually, repeatedly or customarily.

- Justice Padilla laid down the criteria on what constitutes the practice of law:

1. Habituality. The term "practice of law" implies customarily or habitually holding one's
self out to the public as a lawyer such as when one sends a circular announcing the
establishment of a law office for the general practice of law or when one takes the oath of
office as a lawyer before a notary public, and files a manifestation with the Supreme Court
informing it of his intention to practice law in all courts in the country. Practice is more than
an isolated appearance for it consists in frequent or customary action, a succession of acts of
the same kind. In other words, it is a habitual.

2. Compensation. Practice of law implies that one must have presented himself to be in the
active and continued practice of the legal profession and that his professional services are
available to the public for compensation, as a service of his livelihood or in consideration of
his said services. Hence, charging for services such as preparation of documents involving the
use of legal knowledge and skill is within the term "practice of law and, one who renders an
opinion as to the proper interpretation of a statute, and receives pay for it, is to that extent,
practicing law. If compensation is expected, all advice to clients and all action taken for them
in matters connected with the law; are practicing law.

3. Application of law legal principle practice or procedure which calls for legal knowledge,
training and experience is within the term "practice of law".

4. Attorney-client relationship. Engaging in the practice of law presupposes the existence of

lawyer-client relationship. Hence, where a lawyer undertakes an activity which requires
knowledge of law but involves no attorney-client relationship, such as teaching law or writing
 law books or articles, he cannot be said to be engaged in the practice of his profession or
a lawyer.

- CRUZ, J., Dissenting

- The respondent's credentials are impressive, to be sure, but they do not persuade me that he has
been engaged in the practice of law for ten years as required by the Constitution. It is conceded
that he has been engaged in business and finance, in which areas he has distinguished himself,
but as an executive and economist and not as a practicing lawyer. The plain fact is that he has
occupied the various positions listed in his resume by virtue of his experience and prestige as a
businessman and not as an attorney-at-law whose principal attention is focused on the law.
Even if it be argued that he was acting as a lawyer when he lobbied in Congress for agrarian
and urban reform, served in the NAMFREL and the Constitutional Commission (together with
non-lawyers like farmers and priests) and was a member of the Davide Commission, he has
not proved that his activities in these capacities extended over the prescribed 10-year period of
actual practice of the law. He is doubtless eminently qualified for many other positions worthy
of his abundant talents but not as Chairman of the Commission on Elections.

- GUTIERREZ, JR., J., Dissenting

- A person may have passed the bar examinations. But if he has not dedicated his life to the law, if
he has not engaged in an activity where membership in the bar is a requirement it cannot be seen
how he can claim to have been engaged in the practice of law.

- The practice of law does not equal with being just a member of the bar. A lawyer must practice
the law habitually, frequently or customarily. It should not only be an isolated case. It must be of
service to the public.

- “What kind of Judges or Justices will we have if their main occupation is selling real estate,
managing a business corporation, serving in fact finding committee, working in the media, or
operating a farm with no active involvement in the law, whether in the government or private
practice, except that one joyful moment in the distant past, they happened to pas the bar
examinations?”

- There has been no record of Monsod practicing the law or having been engaged in the practice of
law. Instead of working as a lawyer, he has lawyers working for him.