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    Renato L Cayetano Vs Christian Monsod 201 SCRA 210

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    Piaya
    This case involved a challenge to Christian Monsod's appointment as Chairman of the Commission on Elections by President Corazon Aquino. The petitioner argued that Monsod did not meet the 10-year practice of law requirement for the position. The Supreme Court held that Monsod's past work as a lawyer-economist, lawyer-manager, and lawyer-legislator over 10 years satisfied the constitutional requirements. The Court also held that it would not interfere with the Commission on Appointments' confirmation of Monsod absent a clear showing of grave abuse of discretion amounting to lack of jurisdiction.

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    Renato L Cayetano Vs Christian Monsod 201 SCRA 210

    Uploaded by

    Piaya
    150 views2 pages
    This case involved a challenge to Christian Monsod's appointment as Chairman of the Commission on Elections by President Corazon Aquino. The petitioner argued that Monsod did not meet the 10-year practice of law requirement for the position. The Supreme Court held that Monsod's past work as a lawyer-economist, lawyer-manager, and lawyer-legislator over 10 years satisfied the constitutional requirements. The Court also held that it would not interfere with the Commission on Appointments' confirmation of Monsod absent a clear showing of grave abuse of discretion amounting to lack of jurisdiction.

    Original Title

    Renato-L-Cayetano-vs-Christian-Monsod-201-SCRA-210

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    This case involved a challenge to Christian Monsod's appointment as Chairman of the Commission on Elections by President Corazon Aquino. The petitioner argued that Monsod did not meet the 10-year practice of law requirement for the position. The Supreme Court held that Monsod's past work as a lawyer-economist, lawyer-manager, and lawyer-legislator over 10 years satisfied the constitutional requirements. The Court also held that it would not interfere with the Commission on Appointments' confirmation of Monsod absent a clear showing of grave abuse of discretion amounting to lack of jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    150 views2 pages

    Renato L Cayetano Vs Christian Monsod 201 SCRA 210

    Uploaded by

    Piaya
    This case involved a challenge to Christian Monsod's appointment as Chairman of the Commission on Elections by President Corazon Aquino. The petitioner argued that Monsod did not meet the 10-year practice of law requirement for the position. The Supreme Court held that Monsod's past work as a lawyer-economist, lawyer-manager, and lawyer-legislator over 10 years satisfied the constitutional requirements. The Court also held that it would not interfere with the Commission on Appointments' confirmation of Monsod absent a clear showing of grave abuse of discretion amounting to lack of jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Cayetano v.

    Monsod (1991)

    Summary Cases:

    ● Renato L. Cayetano vs. Christian Monsod 201 SCRA 210

    Subject:

    Commission on Elections, Practice of Law, Qualifications of an Appointive Official

    Facts:

    President Corazon Aquino nominated Atty. Christian Monsod to the position of Chairman of the
    Commission on Elections (COMELEC).

    This petition for Certiorari and Prohibition filed by Cayetano prays that the Commission on Election’s
    confirmation and subsequent appointment of Monsod be declared null and void because the latter fails to
    meet the constitutional requirement of having been engaged in the practice of law for at least 10 years.

    Held:

    Modern Definition of the Practice of Law

    1. The practice of lawmeans any activity, in or out of court, which requires the application of law, legal
    procedure, knowledge, training and experience.

    2. In Philippine Lawyers Association v. Agrava, it was stated:

    “The 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 general, all advice to clients, and all action taken for them in matters connected with the law
    incorporation services, assessment and condemnation services contemplating an appearance before a
    judicial body, the foreclosure of a mortgage, enforcement of a creditor's claim in bankruptcy and
    insolvency proceedings, and conducting proceedings in attachment, and in matters of estate and
    guardianship have been held to constitute law practice, as do the preparation and drafting of legal
    | Page 1 of 2
    instruments, where the work done involves the determination by the trained legal mind of the legal effect
    of facts and conditions”

    3. 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.”

    4. Atty. Monsod has been a member of the Philippine Bar since 1960, and has been a member of the
    Integrated Bar of the Philippines since its inception in 1972. He has also been paying his professional
    fees as a lawyer for more than ten years.

    5. Atty. Monsod’s past work as a lawyer-economist, lawyer-manager, lawyer-entrepreneur,


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

    Judicial review of judgments rendered by the Commission on Appointments.

    6. The judgment rendered by the Commission in the exercise of such an acknowledged power is beyond
    judicial interference except only upon a clear showing of a grave abuse of discretion amounting to lack or
    excess of jurisdiction. (Art. VIII, Sec. 1 Constitution).

    7. The Commission on the basis of evidence submitted during the public hearings on Monsod’s
    confirmation, implicitly determined that he possessed the necessary qualifications as required by law.
    This no occasion for the exercise of the Court’s corrective power, since no abuse has been shown.

    | Page 2 of 2

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