Cayetano vs Monsod, 2-1 SCRA 210 (1991), G.R. No. 100113 September 3, 1991
Subject: Basic Legal Ethics
FACTS
Respondent
Christian Monsod was nominated by President Corazon C. Aquino to the position
of chairman of the COMELEC. Petitioner opposed the nomination because allegedly
Monsod does not possess the 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 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.
ISSUE
Whether
or not the respondent possesses the required qualification of having engaged in
the practice of law for at least ten years.
RULING
Yes. Practice of
law is not limited to the
conduct of cases or litigation in court; it embraces the preparation of
pleadings and other papers incident to actions and special proceedings, the
management of such actions and proceedings on behalf of clients before judges
and courts, and in addition, conveying.
In
the instant case, Atty. Monsod is a member of the Philippine Bar, having passed
the bar examinations of 1960. He has been a due paying member of the Integrated
Bar of the Philippines.
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.
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