G.R. No. 100113
September 3, 1991
Facts
Cayetano Monsod, respondent has been appointed by President Corazon C. Aquino as the Chairman of the Commission on Elections (COMELEC). Subsequently, the appointment was confirmed by the Commission on Appointments which follows respondent’s taking his oath of office. The validity of the nomination of the said respondent was being challenged since he does not allegedly possess the required qualification of having been engaged in the practice of law for ten years. With this, the petitioner as a citizen and taxpayer, filed the instant petition for Certiorari and Prohibition praying that appointment of Monsod as Chairman of the Commission on Elections be declared null and void.As Section 1, Article IX-C of the 1987 Constitution provides:
“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 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.”
On the other hand, respondent Monsod graduated from the U.P. College of Law, a member of the Philippine Bar who has been paying his annual IBP dues consistently. After passing the bar, he worked in his father’s law office for one year. Thereafter, Monsod worked as operations officer in the World Bank Group where he negotiated loans. Moreover, he worked as a Chief Executive Officer or a legal and economic consultant of an investment group, a business conglomerate, and Meralco Group. He also worked as Secretary-General of NAMFREL wherein his worked involved knowledge of election laws as he appeared for NAMFREL in its accreditation hearing before the COMELEC. Additionaly, he is also an advocate since he lobbied for and engaged in the Agrarian Reform Law and the Urban Land Reform Bill. Monsod also made use of his legal knowledge when as a member of the Davide Commission and the Constitutional commission.
Issue
Whether or not Respondent Monsod has engaged in the practice of law?
Ruling
Yes. The Supreme Court held that 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 device or service requires the use in any degree of legal knowledge or skill.” (111 ALR 23). In view of the foregoing, the Supreme Court concludes that Monsod has engaged in the practice of law taking into consideration the modern concept of the practice of law and the liberal construction intended by the framers of the Constitution. Hence, Atty. Monsod’s 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.