Cayetano v. Monsod, G.R. 100113, 201 SCRA 210, Sept. 3, 1991.

Facts:

 Petitioners Cayetano, as a citizen and taxpayer, questioned the appointment of

respondent Monsod as the Chairman COMELEC for lack of necessary qualification for
having engaged in practice of law for at least 10 years.
 After graduation from the College of Law and having hurdled the bar, Monsod worked
in law office of his father for a short while, then worked as an operation officer in the
World Bank Group for 2 years, which involved getting acquainted with the laws of
member countries negotiation loans and coordinating legal, economic and project work
of the Bank.
 Upon returning to the Philippines, he worked with Meralco Group, served as Chief
Executive officer in an investment bank and has subsequently worked either as chief
executive officer or consultant of various offices, he was also named as Secretary General
and later National Chairman of NAMFREL, which made him knowledgeable in election
laws. He appeared for NAMFREL in its accreditation hearings before the Commission.
He also claimed to have worked underprivileged sectors, and was also a member of the
Davide Commission as well as the Constitutional Commission.

Issue:

Whether or Not Monsod possesses the requisite qualification of having engaged in the practice
of law.
Held:
 Yes. 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 kind service, which device or service requires the
use in any degree of legal knowledge or skill. Interpreted in the light of the various
definitions of the term “practice of law” particularly the modern concept of law practice,
and taking into consideration the liberal construction intended by the framers of the
Constitution, Atty. Monsod’s past work experiences as a lawyer economist, a lawyer
manager, a lawyer entrepreneur of industry, a lawyer negotiator of contacts, 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.

J. Francois