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CAYETANO v.

MONSOD
FACTS
Monsod was nominated by President Aquino to the position of Chairman of the COMELEC on April 25,
11! Cayetano opposed the nomination be"ause alle#edly Monsod does not possess the required
qualifi"ation of ha$in# been en#a#ed in the pra"ti"e of law for at least ten years! Challen#in# the $alidity
of the "onfirmation by the Commission on Appointments of Monsod%s nomination, petitioner filed a
petition for Certiorari and Prohibition prayin# that said "onfirmation and the "onsequent appointment of
Monsod as Chairman of the Commission on Ele"tions be de"lared null and $oid be"ause Monsod did not
meet the requirement of ha$in# pra"ti"ed law for the last ten years!
ISSUE:
&hether or not Monsod satisfies the requirement of the position of Chairman of the COMELEC!
HELD:
'he pra"ti"e of law is not limited to the "ondu"t of "ases in "ourt! A person is also "onsidered to be in the
pra"ti"e of law when he( )! ! ! for $aluable "onsideration en#a#es in the business of ad$isin# person, firms,
asso"iations or "orporations as to their ri#hts under the law, or appears in a representati$e "apa"ity as an
ad$o"ate in pro"eedin#s pendin# or prospe"ti$e, before any "ourt, "ommissioner, referee, board, body,
"ommittee, or "ommission "onstituted by law or authori*ed to settle "ontro$ersies! Otherwise stated, one
who, in a representati$e "apa"ity, en#a#es in the business of ad$isin# "lients as to their ri#hts under the
law, or while so en#a#ed performs any a"t or a"ts either in "ourt or outside of "ourt for that purpose, is
en#a#ed in the pra"ti"e of law!+
Atty! Christian Monsod is a member of the Philippine ,ar, ha$in# passed the bar e-aminations of 1./
with a #rade of 0.!551! 2e has been a dues payin# member of the 3nte#rated ,ar of the Philippines sin"e
its in"eption in 142546! 2e has also been payin# his professional li"ense fees as lawyer for more than ten
years! Atty! Monsod%s past wor7 e-perien"es as a lawyer5e"onomist, a lawyer5mana#er, a lawyer5
entrepreneur of industry, a lawyer5ne#otiator of "ontra"ts, and a lawyer5le#islator of both the ri"h and
the poor 8 $erily more than satisfy the "onstitutional requirement 8 that he has been en#a#ed in the
pra"ti"e of law for at least ten years!