FACTS: Respondent Christian Monsod
was nominated by President Corazon C. Aquino to the position of chairman of the
COMELEC. Petitioner opposed the nomination because allegedly Monsod does not
posses required qualification of having been engaged in the practice of law for
at least ten years. The 1987 constitution provides in Section 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.
ISSUE: Whether or not the
respondent has the 10 years of practice of law requirement for him to assume
such office.
HELD: 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 service requires the use in any degree of legal knowledge or skill.
In general a practice of law
requires a lawyer-client relationship, it is whether in or out of court. Atty.
Monsod’s past work experience as a lawyer-economist, a lawyer-manager, a
lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a
lawyer-legislator of both rich and the poor – verily more than satisfy the
constitutional requirement for the position of COMELEC Chairman. The respondent
has been engaged in the practice of law for at least ten years. In view of the
foregoing, the petition is DISMISSED.
