Cayetano vs.

Monsod

FACTS:

Atty. Christian Monsod was nominated by former President Corazon C. Aquino to the position of
Chairman of the COMELEC. The Commission on Appointments (CA) confirmed his nomination. On the
same day, he took his oath of office and assumed office as Chairman of the COMELEC.

Renato L. Cayetano challenged the validity of Monsod’s confirmation by the CA on the ground that he
does not possess the required qualification of having been engaged in the practice of law for at least ten
years.

ISSUES:

1. WON the practice of law is limited to court litigation.

2. WON the confirmation and appointment of Monsod be declared null and void.

RULING:

1. NO. The Court defined practice of law as “any activity, in and out of the court, which requires
the application of law, legal procedures, knowledge, training and experience.”
2. NO. The Court ruled that 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 more than satisfy the constitutional requirement of having been engaged in
the practice of law for at least ten years.