Академический Документы
Профессиональный Документы
Культура Документы
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!