...Cayetano v. Monsod Revisited Leave a reply Ask any law student to describe what “practice of law” means, and he or she will invariably quote the definition given by the Supreme Court in Renato L. Cayetano v. Christian Monsod, et al. (201 SCRA 210 [1991]): “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)” (at p. 214) The issue in the case was whether or not the respondent Monsod, a lawyer, was qualified for appointment as Chair of the Commission on Elections (COMELEC), since Art. IX-C, Sec. 1[1] of the 1987 Constitution requires that, inter alia, a majority of the COMELEC, “including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years”. The Court, thru Justice Paras, stated that there “seems to be no jurisprudence as to what constitutes practice of law as a legal qualification to an appointive office” (at p.212), determined that the practice of law is not limited to the conduct of cases in court (at pp. 216-217) and pursuant thereto, found that Monsod was qualified for appointment as COMELEC Chair: “Interpreted in the light of the various...
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...Cayetano vs Monsod Leave a comment 201 SCRA 210, 1991 FACTS Monsod was nominated by President Aquino to the position of Chairman of the COMELEC on April 25, 1991. Cayetano 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. Challenging the validity of the confirmation by the Commission on Appointments of Monsod’s nomination, petitioner filed a petition for Certiorari and Prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman of the Commission on Elections be declared null and void because Monsod did not meet the requirement of having practiced law for the last ten years. ISSUE: Whether or not Monsod satisfies the requirement of the position of Chairman of the COMELEC. HELD: The practice of law is not limited to the conduct of cases in court. A person is also considered to be in the practice of law when he: “. . . for valuable consideration engages in the business of advising person, firms, associations or corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings pending or prospective, before any court, commissioner, referee, board, body, committee, or commission constituted by law or authorized to settle controversies. Otherwise stated, one who, in a representative capacity, engages in the business of advising clients as to their rights under the law, or...
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...G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. 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 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. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their...
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...JOVITO S. OLAZO, complainant, vs. JUSTICE DANTE O. TINGA (Ret.), respondent. DECISION BRION, J p: Before us is the disbarment case against retired Supreme Court Associate Justice Dante O. Tinga (respondent) filed by Mr. Jovito S. Olazo (complainant). The respondent is charged of violating Rule 6.02, 1 Rule 6.03 2 and Rule 1.01 3 of the Code of Professional Responsibility for representing conflicting interests. Factual Background In March 1990, the complainant filed a sales application covering a parcel of land situated in Barangay Lower Bicutan in the Municipality of Taguig. The land (subject land) was previously part of Fort Andres Bonifacio that was segregated and declared open for disposition pursuant to Proclamation No. 2476, 4 issued on January 7, 1986, and Proclamation No. 172, 5 issued on October 16, 1987. To implement Proclamation No. 172, Memorandum No. 119 was issued by then Executive Secretary Catalino Macaraig, creating a Committee on Awards whose duty was to study, evaluate, and make a recommendation on the applications to purchase the lands declared open for disposition. The Committee on Awards was headed by the Director of Lands and the respondent was one of the Committee members, in his official capacity as the Congressman of Taguig and Pateros (from 1987 to 1998); the respondent's district includes the areas covered by the proclamations. The First Charge: Violation of Rule 6.02 In the complaint, 6 the complainant claimed that the respondent abused his position...
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