Cayetano vs Monsod

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Republic of the Philippines

SUPREME COURT

Manila

SECOND DIVISION

G.R. No. 100113 September 3, 1991

RENATO CAYETANO, petitioner,

vs.

CHRISTIAN MONSOD, HON. JOITO R. SA!ONGA, COMMISSION ON APPOINTMENT, "#$

HON. GUI!!ERMO CARAGUE, %# &%' ("p"(%t) "' Se(ret"r) o* +$-et "#$ M"#"-eme#t,

respondents.

Renato L. Cayetano for and in his own behalf.

Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner.

PARAS, J.: p

e are faced here !ith a controvers" of far#reachin$ proportions. hile ostensibl" onl" le$al issues

are involved, the Court%s decision in this case !ould indubitabl" have a profound effect on the

political aspect of our national e&istence.

'he ()*+ Constitution provides in Section ( (-, rticle I/#C0

'here shall be a Co11ission on Elections co1posed of a Chair1an and si&

Co11issioners !ho shall be natural#born citi2ens of the Philippines and, at the ti1e

of their appoint1ent, at least thirt"#five "ears of a$e, holders of a colle$e de$ree, and

1ust not have been candidates for an" elective position in the i11ediatel" precedin$

#elections. 3o!ever, a 1a4orit" thereof, includin$ the Chair1an, shall be 1e1bers of

the Philippine 5ar !ho have been en$a$ed in the practice of la! for at least ten

"ears. E1phasis supplied-

'he afore6uoted provision is patterned after Section ll-, rticle /II#C of the ()+7 Constitution !hich

si1ilarl" provides0

'here shall be an independent Co11ission on Elections co1posed of a Chair1an and ei$ht

Co11issioners !ho shall be natural#born citi2ens of the Philippines and, at the ti1e of theirappoint1ent, at least thirt"#five "ears of a$e and holders of a colle$e de$ree. 3o!ever, a 1a4orit"

thereof, includin$ the Chair1an, shall be 1e1bers of the Philippine 5ar who hae been en!a!ed in

the practice of law for at least ten years.% E1phasis supplied-

Re$rettabl", ho!ever, there see1s to be no 4urisprudence as to !hat constitutes practice of la! as a

le$al 6ualification to an appointive office.

5lac8 defines 9practice of la!9 as0



'he rendition of services re6uirin$ the 8no!led$e and the application of le$al

principles and techni6ue to serve the interest of another !ith his consent. It is not

li1ited to appearin$ in court, or advisin$ and assistin$ in the conduct of liti$ation, but

e1braces the preparation of pleadin$s, and other papers incident to actions and

special proceedin$s, conve"ancin$, the preparation of le$al instru1ents of all 8inds,

and the $ivin$ of all le$al advice to clients. It e1braces all advice to clients and all

actions ta8en for the1 in 1atters connected !ith the la!. n attorne" en$a$es in thepractice of la! b" 1aintainin$ an office !here he is held out to be#an attorne", usin$

a letterhead describin$ hi1self as an attorne", counselin$ clients in le$al 1atters,

ne$otiatin$ !ith opposin$ counsel about pendin$ liti$ation, and fi&in$ and collectin$

fees for services rendered b" his associate. "lac#$s Law %ictionary , 7rd ed.-

'he practice of la! is not li1ited to the conduct of cases in court. Land &itle Abstract and &rust Co.

. %wor#en, (:) Ohio St. :7, ()7 N.E. ;<=- person is also considered to be in the practice of la!

!hen he0

... for valuable consideration en$a$es in the business of advisin$ person, fir1s,

associations or corporations as to their ri$hts under the la!, or appears in a

representative capacit" as an advocate in proceedin$s pendin$ or prospective,

before an" court, co11issioner, referee, board, bod", co11ittee, or co11ission

constituted b" la! or authori2ed to settle controversies and there, in such

representative capacit" perfor1s an" act or acts for the purpose of obtainin$ or

defendin$ the ri$hts of their clients under the la!. Other!ise stated, one !ho, in a

representative capacit", en$a$es in the business of advisin$ clients as to their ri$hts

under the la!, or !hile so en$a$ed perfor1s an" act or acts either in court or outside

of court for that purpose, is en$a$ed in the practice of la!. State e'. rel. Mc#ittric#

..C.S. %udley and Co., (=: S.. :d *)<, 7>= Mo. *<:-

'his Court in the case of (hilippine Lawyers Association .A!raa, (=< Phil. (+7,(+;#(++- stated0

&he practice of law is not li1ited to the conduct of cases or liti!ation in court ? it

e1braces the preparation of pleadin$s and other papers incident to actions and

special proceedin$s, the 1ana$e1ent of such actions and proceedin$s on behalf of

clients before 4ud$es and courts, and in addition, conve"in$. In $eneral, all adice to

clients, and all action ta8en for the1 in 1atters connected with the law incorporation

services, assess1ent and conde1nation services conte1platin$ an appearance

before a 4udicial bod", the foreclosure of a 1ort$a$e, enforce1ent of a creditor%s

clai1 in ban8ruptc" and insolvenc" proceedin$s, and conductin$ proceedin$s in

attach1ent, and in 1atters of estate and $uardianship have been held to constitute

la! practice, as do the preparation and draftin$ of le$al instru1ents, where the wor#

done inoles the deter)ination by the trained le!al )ind of the le!al effect of facts

and conditions. < 1. @r. p. :;:, :;7-. E1phasis supplied-

(ractice of law under 1ode1 conditions consists in no s1all part of !or8 perfor1ed

outside of an" court and havin$ no i11ediate relation to proceedin$s in court. It

e1braces conve"ancin$, the $ivin$ of le$al advice on a lar$e variet" of sub4ects, and

the preparation and e&ecution of le$al instru1ents coverin$ an e&tensive field of

business and trust relations and other affairs. Althou!h these transactions )ay hae

no direct connection with court proceedin!s, they are always sub*ect to beco)e



inoled in liti!ation. 'he" re6uire in 1an" aspects a hi$h de$ree of le$al s8ill, a !ide

e&perience !ith 1en and affairs, and $reat capacit" for adaptation to difficult and

co1ple& situations. 'hese custo1ar" functions of an attorne" or counselor at la!

bear an inti1ate relation to the ad1inistration of 4ustice b" the courts. No valid

distinction, so far as concerns the 6uestion set forth in the order, can be dra!n

bet!een that part of the !or8 of the la!"er !hich involves appearance in court and

that part !hich involves advice and draftin$ of instru1ents in his office. It is ofi1portance to the !elfare of the public that these 1anifold custo1ar" functions be

perfor1ed b" persons possessed of ade6uate learnin$ and s8ill, of sound 1oral

character, and actin$ at all ti1es under the heav" trust obli$ations to clients !hich

rests upon all attorne"s. Moran, Co))ents on the Rules of Court , Vol. 7 A()<7 ed.B ,

p. ;;<#;;;, citin$ +n re pinion of the Justices AMass.B, ()> N.E. 7(7, 6uoted in

Rhode +s. "ar Assoc. . Auto)obile Serice Assoc . AR.I.B (+) . (7),(>>-. E1phasis

ours-

'he niversit" of the Philippines a! Center in conductin$ orientation briefin$ for ne! la!"ers

()+>#()+<- listed the di1ensions of the practice of la! in even broader ter1s as advocac",

counsellin$ and public service.

One 1a" be a practicin$ attorne" in follo!in$ an" line of e1plo"1ent in the

profession. If !hat he does e&acts 8no!led$e of the la! and is of a 8ind usual for

attorne"s en$a$in$ in the active practice of their profession, and he follo!s so1e

one or 1ore lines of e1plo"1ent such as this he is a practicin$ attorne" at la! !ithin

the 1eanin$ of the statute. "arr . Cardell , (<< N 7(:-

Practice of la! 1eans an" activit", in or out of court, !hich re6uires the application of la!, le$al

procedure, 8no!led$e, trainin$ and e&perience. 9'o en$a$e in the practice of la! is to perfor1 those

acts !hich are characteristics of the profession. enerall", to practice la! is to $ive notice or render

an" 8ind of service, !hich device or service re6uires the use in an" de$ree of le$al 8no!led$e or

s8ill.9 ((( R :7-

'he follo!in$ records of the ()*; Constitutional Co11ission sho! that it has adopted a liberal

interpretation of the ter1 9practice of la!.9

MR. FOG. 5efore !e suspend the session, 1a" I 1a8e a

1anifestation !hich I for$ot to do durin$ our revie! of the provisions

on the Co11ission on udit. Ma" I be allo!ed to 1a8e a ver" brief

state1entH

'3E PRESIDIN OFFICER Mr. @a1ir-.

'he Co11issioner !ill please proceed.

MR. FOG. &his has to do with the ualifications of the )e)bers of the

Co))ission on Audit. A)on! others, the ualifications proided for

by Section + is that &hey )ust be Me)bers of the (hilippine "ar / +

a) uotin! fro) the proision / who hae been en!a!ed in the

practice of law for at least ten years .



'o avoid an" 1isunderstandin$ !hich !ould result in e&cludin$ 1e1bers of the 5ar

!ho are no! e1plo"ed in the CO or Co11ission on udit, we would li#e to )a#e

the clarification that this proision on ualifications re!ardin! )e)bers of the "ar

does not necessarily refer or inole actual practice of law outside the CA 0e hae

to interpret this to )ean that as lon! as the lawyers who are e)ployed in the CA

are usin! their le!al #nowled!e or le!al talent in their respectie wor# within CA,

then they are ualified to be considered for appoint)ent as )e)bers orco))issioners, een chair)an, of the Co))ission on Audit .

'his has been discussed b" the Co11ittee on Constitutional Co11issions and

$encies and !e dee1 it i1portant to ta8e it up on the floor so that this interpretation

1a" be 1ade available !henever this provision on the 6ualifications as re$ards

1e1bers of the Philippine 5ar en$a$in$ in the practice of la! for at least ten "ears is

ta8en up.

MR. OPE. ill Co11issioner Fo2 "ield to 4ust one 6uestion.

MR. FOG. es, Mr. Presidin$ Officer.

MR. OPE. +s he, in effect, sayin! that serice in the CA by a

lawyer is euialent to the reuire)ent of a law practice that is set

forth in the Article on the Co))ission on Audit1

MR. FOG. 0e )ust consider the fact that the wor# of CA, althou!h

it is auditin!, will necessarily inole le!al wor#2 it will inole le!al

wor#. And, therefore, lawyers who are e)ployed in CA now would

hae the necessary ualifications in accordance with the (roision on

ualifications under our proisions on the Co))ission on Audit. And,

therefore, the answer is yes.

MR. OPE. es. So that the construction $iven to this is that this is

e6uivalent to the practice of la!.

MR. FOG. 3es, Mr. (residin! fficer .

MR. OPE. &han# you.

... E1phasis supplied-

Section ((-, rticle I/#D of the ()*+ Constitution, provides, a1on$ others, that the Chair1an and

t!o Co11issioners of the Co11ission on udit CO- should either be certified public accountants

!ith not less than ten "ears of auditin$ practice, or 1e1bers of the Philippine 5ar !ho have been

en$a$ed in the practice of law for at least ten "ears. e1phasis supplied-

Corollar" to this is the ter1 9private practitioner9 and !hich is in 1an" !a"s s"non"1ous !ith the

!ord 9la!"er.9 'oda", althou$h 1an" la!"ers do not en$a$e in private practice, it is still a fact that

the 1a4orit" of la!"ers are private practitioners. ar" Munne8e, pportunities in Law Careers AVM

Career 3ori2ons0 IllinoisB, A()*;B, p. (<-.



t this point, it 1i$ht be helpful to define priate practice. 'he ter1, as co11onl" understood,

1eans 9an individual or or$ani2ation en$a$ed in the business of deliverin$ le$al services.9 +bid .-.

a!"ers !ho practice alone are often called 9sole practitioners.9 roups of la!"ers are called

9fir1s.9 'he fir1 is usuall" a partnership and 1e1bers of the fir1 are the partners. So1e fir1s 1a"

be or$ani2ed as professional corporations and the 1e1bers called shareholders. In either case, the

1e1bers of the fir1 are the e&perienced attorne"s. In 1ost fir1s, there are "oun$er or 1ore

ine&perienced salaried attorne"scalled 9associates.9 +bid.-.

'he test that defines la! practice b" loo8in$ to traditional areas of la! practice is essentiall"

tautolo$ous, unhelpful definin$ the practice of la! as that !hich la!"ers do. Charles . olfra1,

Modern Le!al Ethics Aest Publishin$ Co.0 Minnesota, ()*;B, p. <)7-. 'he practice of la! is defined

as the perfor1ance of an" acts . . . in or out of court, co11onl" understood to be the practice of la!.

State "ar Ass$n . Connecticut "an# 4 &rust Co., (>< Conn. :::, (>= .:d *;7, *+= A()<*B A6uotin$

Grieance Co)). . (ayne, (:* Conn. 7:<, :: .:d ;:7, ;:; A()>(B-. 5ecause la!"ers perfor1

al1ost ever" function 8no!n in the co11ercial and $overn1ental real1, such a definition !ould

obviousl" be too $lobal to be !or8able.olfra1, op. cit.-.

'he appearance of a la!"er in liti$ation in behalf of a client is at once the 1ost publicl" fa1iliar role

for la!"ers as !ell as an unco11on role for the avera$e la!"er. Most la!"ers spend little ti1e in

courtroo1s, and a lar$e percenta$e spend their entire practice !ithout liti$atin$ a case. +bid ., p.

<)7-. Nonetheless, 1an" la!"ers do continue to liti$ate and the liti$atin$ la!"er%s role colors 1uch

of both the public i1a$e and the self perception of the le$al profession. +bid .-.

In this re$ard thus, the do1inance of liti$ation in the public 1ind reflects histor", not realit". +bid .-.

h" is this soH Recall that the late le&ander S"Cip, a corporate la!"er, once articulated on the

i1portance of a la!"er as a business counselor in this !ise0 9Even toda", there are still uninfor1ed

la"1en !hose concept of an attorne" is one !ho principall" tries cases before the courts. 'he

1e1bers of the bench and bar and the infor1ed la"1en such as business1en, 8no! that in 1ost

developed societies toda", substantiall" 1ore le$al !or8 is transacted in la! offices than in the

courtroo1s. eneral practitioners of la! !ho do both liti$ation and non#liti$ation !or8 also 8no! thatin 1ost cases the" find the1selves spendin$ 1ore ti1e doin$ !hat AisB loosel" desccribeAdB as

business counselin$ than in tr"in$ cases. 'he business la!"er has been described as the planner,

the dia$nostician and the trial la!"er, the sur$eon. IAtB need not AbeB stressAedB that in la!, as in

1edicine, sur$er" should be avoided !here internal 1edicine can be effective.9 "usiness Star ,

9Corporate Finance a!,9 @an. ((, ()*), p. >-.

In the course of a !or8in$ da" the avera$e $eneral practitioner !i$ en$a$e in a nu1ber of le$al

tas8s, each involvin$ different le$al doctrines, le$al s8ills, le$al processes, le$al institutions, clients,

and other interested parties. Even the increasin$ nu1bers of la!"ers in speciali2ed practice !i$

usuall" perfor1 at least so1e le$al services outside their specialt". nd even !ithin a narro!

specialt" such as ta& practice, a la!"er !ill shift fro1 one le$al tas8 or role such as advice#$ivin$ to

an i1portantl" different one such as representin$ a client before an ad1inistrative a$enc". olfra1,supra, p. ;*+-.

5" no 1eans !ill 1ost of this !or8 involve liti$ation, unless the la!"er is one of the relativel" rare

t"pes J a liti$ator !ho speciali2es in this !or8 to the e&clusion of 1uch else. Instead, the !or8 !ill

re6uire the la!"er to have 1astered the full ran$e of traditional la!"er s8ills of client counsellin$,

advice#$ivin$, docu1ent draftin$, and ne$otiation. nd increasin$l" la!"ers find that the ne! s8ills of

evaluation and 1ediation are both effective for 1an" clients and a source of e1plo"1ent. +bid .-.



Most la!"ers !ill en$a$e in non#liti$ation le$al !or8 or in liti$ation !or8 that is constrained in ver"

i1portant !a"s, at least theoreticall", so as to re1ove fro1 it so1e of the salient features of

adversarial liti$ation. Of these special roles, the 1ost pro1inent is that of prosecutor. In so1e

la!"ers% !or8 the constraints are i1posed both b" the nature of the client and b" the !a" in !hich

the la!"er is or$ani2ed into a social unit to perfor1 that !or8. 'he 1ost co11on of these roles are

those of corporate practice and $overn1ent le$al service. +bid .-.

In several issues of the "usiness Star , a business dail", herein belo! 6uoted are e1er$in$ trends in

corporate la! practice, a departure fro1 the traditional concept of practice of la!.

e are e&periencin$ toda" !hat trul" 1a" be called a revolutionar" transfor1ation in

corporate la! practice. a!"ers and other professional $roups, in particular those

1e1bers participatin$ in various le$al#polic" decisional conte&ts, are findin$ that

understandin$ the 1a4or e1er$in$ trends in corporation la! is indispensable to

intelli$ent decision#1a8in$.

Constructive ad4ust1ent to 1a4or corporate proble1s of toda" re6uires an accurate

understandin$ of the nature and i1plications of the corporate la! research functionacco1panied b" an acceleratin$ rate of infor1ation accu1ulation. 'he reco$nition of

the need for such i1proved corporate le$al polic" for1ulation, particularl" 91odel#

1a8in$9 and 9contin$enc" plannin$,9 has i1pressed upon us the inade6uac" of

traditional procedures in 1an" decisional conte&ts.

In a co1ple& le$al proble1 the 1ass of infor1ation to be processed, the sortin$ and

!ei$hin$ of si$nificant conditional factors, the appraisal of 1a4or trends, the

necessit" of esti1atin$ the conse6uences of $iven courses of action, and the need

for fast decision and response in situations of acute dan$er have pro1pted the use

of sophisticated concepts of infor1ation flo! theor", operational anal"sis, auto1atic

data processin$, and electronic co1putin$ e6uip1ent. nderstandabl", an i1proved

decisional structure 1ust stress the predictive co1ponent of the polic"#1a8in$process, !herein a 91odel9, of the decisional conte&t or a se$1ent thereof is

developed to test pro4ected alternative courses of action in ter1s of futuristic effects

flo!in$ therefro1.

lthou$h 1e1bers of the le$al profession are re$ularl" en$a$ed in predictin$ and

pro4ectin$ the trends of the la!, the sub4ect of corporate finance la! has received

relativel" little or$ani2ed and for1ali2ed attention in the philosoph" of advancin$

corporate le$al education. Nonetheless, a cross#disciplinar" approach to le$al

research has beco1e a vital necessit".

Certainl", the $eneral orientation for productive contributions b" those trained

pri1aril" in the la! can be i1proved throu$h an earl" introduction to 1ulti#variabledecisional conte&t and the various approaches for handlin$ such proble1s. a!"ers,

particularl" !ith either a 1aster%s or doctorate de$ree in business ad1inistration or

1ana$e1ent, functionin$ at the le$al polic" level of decision#1a8in$ no! have so1e

appreciation for the concepts and anal"tical techni6ues of other professions !hich

are currentl" en$a$ed in si1ilar t"pes of co1ple& decision#1a8in$.



'ruth to tell, 1an" situations involvin$ corporate finance proble1s !ould re6uire the

services of an astute attorne" because of the co1ple& le$al i1plications that arise

fro1 each and ever" necessar" step in securin$ and 1aintainin$ the business issue

raised. "usiness Star , 9Corporate Finance a!,9 @an. ((, ()*), p. >-.

In our liti$ation#prone countr", a corporate la!"er is assiduousl" referred to as the

9abo$ado de ca1panilla.9 3e is the 9bi$#ti1e9 la!"er, earnin$ bi$ 1one" and !ith a

clientele co1posed of the t"coons and 1a$nates of business and industr".

Despite the $ro!in$ nu1ber of corporate la!"ers, 1an" people could not e&plain

!hat it is that a corporate la!"er does. For one, the nu1ber of attorne"s e1plo"ed

b" a sin$le corporation !ill var" !ith the si2e and t"pe of the corporation. Man"

s1aller and so1e lar$e corporations far1 out all their le$al proble1s to private la!

fir1s. Man" others have in#house counsel onl" for certain 1atters. Other corporation

have a staff lar$e enou$h to handle 1ost le$al proble1s in#house.

corporate la!"er, for all intents and purposes, is a la!"er !ho handles the le$al

affairs of a corporation. 3is areas of concern or 4urisdiction 1a" include, inter alia0corporate le$al research, ta& la!s research, actin$ out as corporate secretar" in

board 1eetin$s-, appearances in both courts and other ad4udicator" a$encies

includin$ the Securities and E&chan$e Co11ission-, and in other capacities !hich

re6uire an abilit" to deal !ith the la!.

t an" rate, a corporate la!"er 1a" assu1e responsibilities other than the le$al

affairs of the business of the corporation he is representin$. &hese include such

)atters as deter)inin! policy and beco)in! inoled in )ana!e)ent . E1phasis

supplied.-

In a bi$ co1pan", for e&a1ple, one 1a" have a feelin$ of bein$ isolated fro1 the

action, or not understandin$ ho! one%s !or8 actuall" fits into the !or8 of theor$arni2ation. 'his can be frustratin$ to so1eone !ho needs to see the results of his

!or8 first hand. In short, a corporate la!"er is so1eti1es offered this fortune to be

1ore closel" involved in the runnin$ of the business.

Moreover, a corporate la!"er%s services 1a" so1eti1es be en$a$ed b" a

1ultinational corporation MNC-. So1e lar$e MNCs provide one of the fe!

opportunities available to corporate la!"ers to enter the international la! field. fter

all, international la! is practiced in a relativel" s1all nu1ber of co1panies and la!

fir1s. 5ecause !or8in$ in a forei$n countr" is perceived b" 1an" as $la1orous, tills

is an area coveted b" corporate la!"ers. In 1ost cases, ho!ever, the overseas 4obs

$o to e&perienced attorne"s !hile the "oun$er attorne"s do their 9international

practice9 in la! libraries. "usiness Star , 9Corporate a! Practice,9 Ma" :<,())=, p.>-.

'his brin$s us to the inevitable, i.e., the role of the la!"er in the real1 of finance. 'o

borro! the lines of 3arvard#educated la!"er 5ruce assertein, to !it0 9 bad la!"er

is one !ho fails to spot proble1s, a $ood la!"er is one !ho perceives the difficulties,

and the e&cellent la!"er is one !ho sur1ounts the1.9 "usiness Star , 9Corporate

Finance a!,9 @an. ((, ()*), p. >-.



'oda", the stud" of corporate la! practice direl" needs a 9shot in the ar1,9 so to

spea8. No lon$er are !e tal8in$ of the traditional la! teachin$ 1ethod of confinin$

the sub4ect stud" to the Corporation Code and the Securities Code but an incursion

as !ell into the intert!inin$ 1odern 1ana$e1ent issues.

Such corporate le$al 1ana$e1ent issues deal pri1aril" !ith three 7- t"pes of

learnin$0 (- ac6uisition of insi$hts into current advances !hich are of particular

si$nificance to the corporate counsel? :- an introduction to usable disciplinar" s8ins

applicable to a corporate counsel%s 1ana$e1ent responsibilities? and 7- a devotion

to the or$ani2ation and 1ana$e1ent of the le$al function itself.

'hese three sub4ect areas 1a" be thou$ht of as intersectin$ circles, !ith a shared

area lin8in$ the1. Other!ise 8no!n as 9intersectin$ 1ana$erial 4urisprudence,9 it

for1s a unif"in$ the1e for the corporate counsel%s total learnin$.

So1e current advances in behavior and polic" sciences affect the counsel%s role. For

that 1atter, the corporate la!"er revie!s the $lobali2ation process, includin$ the

resultin$ strate$ic repositionin$ that the fir1s he provides counsel for are re6uired to1a8e, and the need to thin8 about a corporation%s? strate$" at 1ultiple levels. 'he

salience of the nation#state is bein$ reduced as fir1s deal both !ith $lobal

1ultinational entities and si1ultaneousl" !ith sub#national $overn1ental units. Fir1s

increasin$l" collaborate not onl" !ith public entities but !ith each other J often !ith

those !ho are co1petitors in other arenas.

Also, the nature of the lawyer$s participation in decision-)a#in! within the

corporation is rapidly chan!in!. &he )ode) corporate lawyer has !ained a new role

as a sta#eholder / in so)e cases participatin! in the or!ani5ation and operations of

!oernance throu!h participation on boards and other decision-)a#in! roles. Often

these ne! patterns develop alon$side e&istin$ le$al institutions and la!s are

perceived as barriers. 'hese trends are co1plicated as corporations or$ani2e for$lobal operations. E1phasis supplied-

&he practisin! lawyer of today is fa)iliar as well with !oern)ental policies toward

the pro)otion and )ana!e)ent of technolo!y. 6ew collaboratie arran!e)ents for

pro)otin! specific technolo!ies or co)petitieness )ore !enerally reuire

approaches fro) industry that differ fro) older, )ore adersarial relationships and

traditional for)s of see#in! to influence !oern)ental policies . nd there are lessons

to be learned fro1 other countries. In Europe, Esprit , Eure#a and Race are e&a1ples

of collaborative efforts bet!een $overn1ental and business @apan%s M+&+ is !orld

fa1ous. E1phasis supplied-

Follo!in$ the concept of boundar" spannin$, the office of the Corporate Counselco1prises a distinct $roup !ithin the 1ana$erial structure of all 8inds of

or$ani2ations. Effectiveness of both lon$#ter1 and te1porar" $roups !ithin

or$ani2ations has been found to be related to indentifiable factors in the $roup#

conte&t interaction such as the $roups activel" revisin$ their 8no!led$e of the

environ1ent coordinatin$ !or8 !ith outsiders, pro1otin$ tea1 achieve1ents !ithin

the or$ani2ation. In $eneral, such e&ternal activities are better predictors of tea1

perfor1ance than internal $roup processes.



+n a crisis situation, the le!al )ana!erial capabilities of the corporate lawyer is-a-is

the )ana!erial )ettle of corporations are challen!ed . Current research is see8in$

!a"s both to anticipate effective 1ana$erial procedures and to understand

relationships of financial liabilit" and insurance considerations. E1phasis supplied-

Re$ardin$ the s8ills to appl" b" the corporate counsel, three factors are apropos0

7irst Syste) %yna)ics. 'he field of s"ste1s d"na1ics has been found an effective

tool for ne! 1ana$erial thin8in$ re$ardin$ both plannin$ and pressin$ i11ediate

proble1s. n understandin$ of the role of feedbac8 loops, inventor" levels, and rates

of flo!, enable users to si1ulate all sorts of s"ste1atic proble1s J ph"sical,

econo1ic, 1ana$erial, social, and ps"cholo$ical. 6ew pro!ra))in! techniues now

)a#e the syste) dyna)ics principles )ore accessible to )ana!ers / includin!

corporate counsels. E1phasis supplied-

Second %ecision Analysis. &his enables users to )a#e better decisions inolin!

co)ple'ity and uncertainty. +n the conte't of a law depart)ent, it can be used to

appraise the settle)ent alue of liti!ation, aid in ne!otiation settle)ent, and )ini)i5ethe cost and ris# inoled in )ana!in! a portfolio of cases. E1phasis supplied-

&hird Modelin! for 6e!otiation Mana!e)ent . Co1puter#based 1odels can be used

directl" b" parties and 1ediators in all lands of ne$otiations. ll inte$rated set of such

tools provide coherent and effective ne$otiation support, includin$ hands#on on

instruction in these techni6ues. si1ulation case of an international 4oint venture

1a" be used to illustrate the point.

A5e this as it 1a",B the or$ani2ation and 1ana$e1ent of the le$al function, concern

three pointed areas of consideration, thus0

(reentie Lawyerin! . Plannin$ b" la!"ers re6uires special s8ills that co1prise a1a4or part of the $eneral counsel%s responsibilities. 'he" differ fro1 those of re1edial

la!. Preventive la!"erin$ is concerned !ith 1ini1i2in$ the ris8s of le$al trouble and

1a&i1i2in$ le$al ri$hts for such le$al entities at that ti1e !hen transactional or

si1ilar facts are bein$ considered and 1ade.

Mana!erial Jurisprudence. 'his is the fra1e!or8 !ithin !hich are underta8en those

activities of the fir1 to !hich le$al conse6uences attach. It needs to be directl"

supportive of this nation%s evolvin$ econo1ic and or$ani2ational fabric as fir1s

chan$e to sta" co1petitive in a $lobal, interdependent environ1ent. 'he practice and

theor" of 9la!9 is not ade6uate toda" to facilitate the relationships needed in tr"in$ to

1a8e a $lobal econo1" !or8.

r!ani5ation and 7unctionin! of the Corporate Counsel$s ffice. 'he $eneral counsel

has e1er$ed in the last decade as one of the 1ost vibrant subsets of the le$al

profession. 'he corporate counsel hear responsibilit" for 8e" aspects of the fir1%s

strate$ic issues, includin$ structurin$ its $lobal operations, 1ana$in$ i1proved

relationships !ith an increasin$l" diversified bod" of e1plo"ees, 1ana$in$ e&panded

liabilit" e&posure, creatin$ ne! and varied interactions !ith public decision#1a8ers,

copin$ internall" !ith 1ore co1ple& 1a8e or b" decisions.



'his !hole e&ercise drives ho1e the thesis that 8no!in$ corporate la! is not enou$h

to 1a8e one a $ood $eneral corporate counsel nor to $ive hi1 a full sense of ho!

the le$al s"ste1 shapes corporate activities. nd even if the corporate la!"er%s ai1

is not the understand all of the la!%s effects on corporate activities, he 1ust, at the

ver" least, also $ain a !or8in$ 8no!led$e of the 1ana$e1ent issues if onl" to be

able to $rasp not onl" the basic le$al 9constitution% or 1a8eup of the 1ode1

corporation. 9"usiness Star 9, 9'he Corporate Counsel,9 pril (=, ())(, p. >-.

'he challen$e for la!"ers both of the bar and the bench- is to have 1ore than a

passin$ 8no!led$e of financial la! affectin$ each aspect of their !or8. et, 1an"

!ould ad1it to i$norance of vast tracts of the financial la! territor". hat transpires

ne&t is a dile11a of professional securit"0 ill the la!"er ad1it i$norance and ris8

opprobriu1H? or !ill he fei$n understandin$ and ris8 e&posureH "usiness Star ,

9Corporate Finance la!,9 @an. ((, ()*), p. >-.

Respondent Christian Monsod !as no1inated b" President Cora2on C. 6uino to the position of

Chair1an of the COMEEC in a letter received b" the Secretariat of the Co11ission on

ppoint1ents on pril :<, ())(. Petitioner opposed the no1ination because alle$edl" Monsod does

not possess the re6uired 6ualification of havin$ been en$a$ed in the practice of la! for at least ten

"ears.

On @une <, ())(, the Co11ission on ppoint1ents confir1ed the no1ination of Monsod as

Chair1an of the COMEEC. On @une (*, ())(, he too8 his oath of office. On the sa1e da", he

assu1ed office as Chair1an of the COMEEC.

Challen$in$ the validit" of the confir1ation b" the Co11ission on ppoint1ents of Monsod%s

no1ination, petitioner as a citi2en and ta&pa"er, filed the instant petition for certiorari and Prohibition

pra"in$ that said confir1ation and the conse6uent appoint1ent of Monsod as Chair1an of the

Co11ission on Elections be declared null and void.

tt". Christian Monsod is a 1e1ber of the Philippine 5ar, havin$ passed the bar e&a1inations of

();= !ith a $rade of *;#<<K. 3e has been a dues pa"in$ 1e1ber of the Inte$rated 5ar of the

Philippines since its inception in ()+:#+7. 3e has also been pa"in$ his professional license fees as

la!"er for 1ore than ten "ears. p. (:>, Rollo-

fter $raduatin$ fro1 the Colle$e of a! .P.- and havin$ hurdled the bar, Atty. Monsod wor#ed in

the law office of his father . Durin$ his stint in the orld 5an8 roup ();7#()+=-, Monsod wor#ed as

an operations officer for about two years in Costa Rica and (ana)a, which inoled !ettin!

acuainted with the laws of )e)ber-countries ne!otiatin! loans and coordinatin! le!al, econo)ic,

and pro*ect wor# of the "an#. 8pon returnin! to the (hilippines in 9:;<, he wor#ed with the Meralco

Group, sered as chief e'ecutie officer of an inest)ent ban# and subseuently of a business

con!lo)erate, and since 9:=>, has rendered serices to arious co)panies as a le!al andecono)ic consultant or chief e'ecutie officer. As for)er Secretary-General ?9:=>@ and 6ational

Chair)an ?9:=;@ of 6AM7REL. Monsod$s wor# inoled bein! #nowled!eable in election law. e

appeared for 6AM7REL in its accreditation hearin!s before the Co)elec. +n the field of adocacy,

Monsod, in his personal capacity and as for)er Co-Chair)an of the "ishops "usiness)en$s

Conference for u)an %eelop)ent, has wor#ed with the under priile!ed sectors, such as the

far)er and urban poor !roups, in initiatin!, lobbyin! for and en!a!in! in affir)atie action for the

a!rarian refor) law and lately the urban land refor) bill. Monsod also )ade use of his le!al



#nowled!e as a )e)ber of the %aide Co))ission, a uast *udicial body, which conducted

nu)erous hearin!s ?9::<@ and as a )e)ber of the Constitutional Co))ission ?9:=>-9:=;@, and

Chair)an of its Co))ittee on Accountability of (ublic fficers, for which he was cited by the

(resident of the Co))ission, Justice Cecilia MuBo5-(al)a for innu)erable a)end)ents to

reconcile !oern)ent functions with indiidual freedo)s and public accountability and the party-list

syste) for the ouse of Representatie. ?pp. 9=-9: Rollo@ ? E)phasis supplied@

@ust a !ord about the wor# of a ne!otiatin! tea) of !hich tt". Monsod used to be a 1e1ber.

In a loan a$ree1ent, for instance, a ne$otiatin$ panel acts as a tea1, and !hich is

ade6uatel" constituted to 1eet the various contin$encies that arise durin$ a

ne$otiation. 5esides top officials of the 5orro!er concerned, there are the le$al

officer such as the le$al counsel-, the finance 1ana$er, and an operations officer

such as an official inoled in ne!otiatin! the contracts- !ho co1prise the 1e1bers

of the tea1. uiller1o V. Soliven, 9oan Ne$otiatin$ Strate$ies for Developin$

Countr" 5orro!ers,9 Staff Paper No. :, Central 5an8 of the Philippines, Manila, ()*:,

p. ((-. E1phasis supplied-

fter a fashion, the loan a$ree1ent is li8e a countr"%s Constitution? it la"s do!n the

la! as far as the loan transaction is concerned. 'hus, the 1eat of an" oan

$ree1ent can be co1part1entali2ed into five <- funda1ental parts0 (- business

ter1s? :- borro!er%s representation? 7- conditions of closin$? >- covenants? and <-

events of default. +bid ., p. (7-.

In the sa1e vein, lawyers play an i)portant role in any debt restructurin! pro!ra).

For aside fro1 perfor1in$ the tas8s of le$islative draftin$ and le$al advisin$, the"

score national develop1ent policies as 8e" factors in 1aintainin$ their countries%

soverei$nt". Condensed fro1 the !or8 paper, entitled 9anted0 Develop1ent

a!"ers for Developin$ Nations,9 sub1itted b" . Michael 3a$er, re$ional le$al

adviser of the nited States $enc" for International Develop1ent, durin$ theSession on a! for the Develop1ent of Nations at the bid4an orld Conference in

Ivor" Coast, sponsored b" the orld Peace 'hrou$h a! Center on u$ust :;#7(,

()+7-. E1phasis supplied-

Loan concessions and co)pro)ises, perhaps een )ore so than purely

rene!otiation policies, de)and e'pertise in the law of contracts, in le!islation and

a!ree)ent draftin! and in rene!otiation. Necessaril", a soverei$n la!"er 1a" !or8

!ith an international business specialist or an econo1ist in the for1ulation of a

1odel loan a$ree1ent. Debt restructurin$ contract a$ree1ents contain such a

1i&ture of technical lan$ua$e that the" should be carefull" drafted and si$ned onl"

!ith the advise of co1petent counsel in con4unction !ith the $uidance of ade6uate

technical support personnel. See +nternational Law Aspects of the (hilippineE'ternal %ebts, an unpublished dissertation, .S.'. raduate School of a!, ()*+, p.

7:(-. E1phasis supplied-

critical aspect of soverei$n debt restructurin$Lcontract construction is the set of

ter1s and conditions !hich deter1ines the contractual re1edies for a failure to

perfor1 one or 1ore ele1ents of the contract. $ood a$ree1ent 1ust not onl"

define the responsibilities of both parties, but 1ust also state the recourse open to



either part" !hen the other fails to dischar$e an obli$ation. For a co1pleat debt

restructurin$ represents a devotion to that principle !hich in the ulti1ate anal"sis is

sine ua non for forei$n loan a$ree1ents#an adherence to the rule of la! in do1estic

and international affairs of !hose 8ind .S. Supre1e Court @ustice Oliver endell

3ol1es, @r. once said0 9'he" carr" no banners, the" beat no dru1s? but !here the"

are, 1en learn that bustle and bush are not the e6ual of 6uiet $enius and serene

1aster".9 See Ricardo @. Ro1ulo, 9'he Role of a!"ers in Forei$n Invest1ents,9Inte$rated 5ar of the Philippine @ournal, Vol. (<, Nos. 7 and >, 'hird and Fourth

uarters, ()++, p. :;<-.

+nterpreted in the li!ht of the arious definitions of the ter) (ractice of law. particularly the )odern

concept of law practice, and ta#in! into consideration the liberal construction intended by the

fra)ers of the Constitution, Atty. Monsod$s past wor# e'periences as a lawyer-econo)ist, a lawyer-

)ana!er, a lawyer-entrepreneur of industry, a lawyer-ne!otiator of contracts, and a lawyer-le!islator

of both the rich and the poor / erily )ore than satisfy the constitutional reuire)ent / that he has

been en!a!ed in the practice of law for at least ten years.

5esides in the leadin$ case of Lue!o . Ciil Serice Co))ission, (>7 SCR 7:+, the Court said0

Appoint)ent is an essentially discretionary power and 1ust be perfor1ed b" the

officer in !hich it is vested accordin$ to his best li$hts, the onl" condition bein$ that

the appointee should possess the 6ualifications re6uired b" la!. If he does, then the

appoint1ent cannot be faulted on the $round that there are others better 6ualified

!ho should have been preferred. &his is a political uestion inolin! considerations

of wisdo) which only the appointin! authority can decide. e1phasis supplied-

No less e1phatic !as the Court in the case of Central "an# . Ciil Serice Co))ission, (+( SCR

+>>- !here it stated0

It is !ell#settled that !hen the appointee is 6ualified, as in this case, and all the otherle$al re6uire1ents are satisfied, the Co11ission has no alternative but to attest to

the appoint1ent in accordance !ith the Civil Service a!. 'he Co11ission has no

authorit" to revo8e an appoint1ent on the $round that another person is 1ore

6ualified for a particular position. It also has no authorit" to direct the appoint1ent of

a substitute of its choice. 'o do so !ould be an encroach)ent on the discretion

ested upon the appointin! authority. An appoint)ent is essentially within the

discretionary power of who)soeer it is ested, sub*ect to the only condition that the

appointee should possess the ualifications reuired by law . E1phasis supplied-

'he appointin$ process in a re$ular appoint1ent as in the case at bar, consists of four >- sta$es0 (-

no1ination? :- confir1ation b" the Co11ission on ppoint1ents? 7- issuance of a co11ission in

the Philippines, upon sub1ission b" the Co11ission on ppoint1ents of its certificate ofconfir1ation, the President issues the per1anent appoint1ent? and >- acceptance e.$., oath#ta8in$,

postin$ of bond, etc. . . . Lacson . Ro)ero, No. #7=*(, October (>, ()>)? on2ales, a! on

Public Officers, p. :==-

'he po!er of the Co11ission on ppoint1ents to $ive its consent to the no1ination of Monsod as

Chair1an of the Co11ission on Elections is 1andated b" Section (:- Sub#rticle C, rticle I/ of

the Constitution !hich provides0



'he Chair1an and the Co11isioners shall be appointed b" the President !ith the

consent of the Co11ission on ppoint1ents for a ter1 of seven "ears !ithout

reappoint1ent. Of those first appointed, three Me1bers shall hold office for seven

"ears, t!o Me1bers for five "ears, and the last Me1bers for three "ears, !ithout

reappoint1ent. ppoint1ent to an" vacanc" shall be onl" for the une&pired ter1 of

the predecessor. In no case shall an" Me1ber be appointed or desi$nated in a

te1porar" or actin$ capacit".

nent @ustice 'eodoro Padilla%s separate opinion, suffice it to sa" that his definition of

the practice of la! is the traditional or stereot"ped notion of la! practice, as

distin$uished fro1 the )odern concept of the practice of law , !hich 1odern

connotation is e'actly what was intended by the e)inent fra)ers of the 9:=;

Constitution. Moreover, @ustice Padilla%s definition !ould re6uire $enerall" a habitual

la! practice, perhaps practised t!o or three ti1es a !ee8 and would outlaw sa", la!

practice once or t!ice a "ear for ten consecutive "ears. Clearl", this is far fro1 the

constitutional intent.

pon the other hand, the separate opinion of @ustice Isa$ani Cru2 states that in 1" !ritten opinion, I

1ade use of a definition of la! practice !hich reall" 1eans nothin$ because the definition sa"s that

la! practice 9 . . . is !hat people ordinaril" 1ean b" the practice of la!.9 'rue I cited the definition but

onl" b" !a" of sarcas1 as evident fro1 1" state1ent that the definition of la! practice b"

9traditional areas of la! practice is essentiall" tautolo!ous9 or definin$ a phrase b" 1eans of the

phrase itself that is bein$ defined.

@ustice Cru2 $oes on to sa" in substance that since the la! covers al1ost all situations, 1ost

individuals, in 1a8in$ use of the la!, or in advisin$ others on !hat the la! 1eans, are actuall"

practicin$ la!. In that sense, perhaps, but !e should not lose si$ht of the fact that Mr. Monsod is a

lawyer , a )e)ber of the (hilippine "ar , !ho has been practisin$ la! for over ten "ears. 'his is

different fro1 the acts of persons practisin$ la!, without first beco)in! lawyers.

@ustice Cru2 also sa"s that the Supre1e Court can even dis6ualif" an elected President of the

Philippines, sa", on the $round that he lac8s one or 1ore 6ualifications. 'his 1atter, I $reatl" doubt.

For one thin$, ho! can an action or petition be brou$ht a$ainst the PresidentH nd even assu1in$

that he is indeed dis6ualified, ho! can the action be entertained since he is the incu1bent

PresidentH

e no! proceed0

'he Co11ission on the basis of evidence sub1itted dolin$ the public hearin$s on Monsod%s

confir1ation, i1plicitl" deter1ined that he possessed the necessar" 6ualifications as re6uired b"

la!. 'he 4ud$1ent rendered b" the Co11ission in the e&ercise of such an ac8no!led$ed po!er is

be"ond 4udicial interference e&cept onl" upon a clear sho!in$ of a $rave abuse of discretiona1ountin$ to lac8 or e&cess of 4urisdiction. rt. VIII, Sec. ( Constitution-. 'hus, onl" !here such

$rave abuse of discretion is clearl" sho!n shall the Court interfere !ith the Co11ission%s 4ud$1ent.

In the instant case, there is no occasion for the e&ercise of the Court%s corrective po!er, since no

abuse, 1uch less a $rave abuse of discretion, that !ould a1ount to lac8 or e&cess of 4urisdiction

and !ould !arrant the issuance of the !rits pra"ed, for has been clearl" sho!n.

dditionall", consider the follo!in$0



(- If the Co11ission on ppoint1ents re*ects a no1inee b" the President, 1a" the

Supre1e Court reverse the Co11ission, and thus in effect confir) the appoint1entH

Clearl", the ans!er is in the ne$ative.

:- In the sa1e vein, 1a" the Court re*ect the no1inee, !ho1 the Co11ission has

confir)ed H 'he ans!er is li8e!ise clear.

7- If the nited States Senate !hich is the confir1in$ bod" in the .S. Con$ress-

decides to confir) a Presidential no1inee, it !ould be incredible that the .S.

Supre1e Court !ould still reerse the .S. Senate.

Finall", one si$nificant le$al 1a&i1 is0

e 1ust interpret not b" the letter that 8illeth, but b" the spirit that $iveth life.

'a8e this h"pothetical case of Sa1son and Delilah. Once, the procurator of @udea as8ed Delilah

!ho !as Sa1son%s beloved- for help in capturin$ Sa1son. Delilah a$reed on condition that J

No blade shall touch his s8in?

No blood shall flo! fro1 his veins.

hen Sa1son his lon$ hair cut b" Delilah- !as captured, the procurator placed an iron rod burnin$

!hite#hot t!o or three inches a!a" fro1 in front of Sa1son%s e"es. 'his blinded the 1an. pon

hearin$ of !hat had happened to her beloved, Delilah !as beside herself !ith an$er, and fu1in$

!ith ri$hteous fur", accused the procurator of rene$in$ on his !ord. 'he procurator cal1l" replied0

9Did an" blade touch his s8inH Did an" blood flo! fro1 his veinsH9 'he procurator !as clearl" rel"in$

on the letter, not the spirit of the a$ree1ent.

In vie! of the fore$oin$, this petition is hereb" DISMISSED.

SO ORDERED.

7ernan, C.J., GriBo-Auino and Medialdea, JJ., concur.

7eliciano, J., + certify that he oted to dis)iss the petition. ?7ernan, C.J.@

Sar)iento, J., is on leae.

Re!alado, and %aide, Jr., J., too# no part.

Sep"r"te Op%#%o#'



NARASA, J., concurrin$0

I concur !ith the decision of the 1a4orit" !ritten b" Mr. @ustice Paras, albeit onl" in the result? it does

not appear to 1e that there has been an ade6uate sho!in$ that the challen$ed deter1ination b" the

Co11ission on ppoint1ents#that the appoint1ent of respondent Monsod as Chair1an of the

Co11ission on Elections should, on the basis of his stated 6ualifications and after due assess1ent

thereof, be confir1ed#!as attended b" error so $ross as to a1ount to $rave abuse of discretion and

conse6uentl" 1erits nullification b" this Court in accordance !ith the second para$raph of Section (,

rticle VIII of the Constitution. I therefore vote to DEN the petition.

PADI!!A, J., dissentin$0

'he records of this case !ill sho! that !hen the Court first deliberated on the Petition at bar, I voted

not onl" to re6uire the respondents to co11ent on the Petition, but I !as the sole vote for theissuance of a te1porar" restrainin$ order to en4oin respondent Monsod fro1 assu1in$ the position

of COMEEC Chair1an, !hile the Court deliberated on his constitutional 6ualification for the office.

M" purpose in votin$ for a 'RO !as to prevent the inconvenience and even e1barrass1ent to all

parties concerned !ere the Court to finall" decide for respondent Monsod%s dis6ualification.

Moreover, a readin$ of the Petition then in relation to established 4urisprudence alread" sho!ed

pri)a facie that respondent Monsod did not possess the needed 6ualification, that is, he had not

en$a$ed in the practice of la! for at least ten (=- "ears prior to his appoint1ent as COMEEC

Chair1an.

fter considerin$ carefull" respondent Monsod%s co11ent, I a1 even 1ore convinced that the

constitutional re6uire1ent of 9 practice of law for at least ten ?9<@ years9 has not been 1et.

'he procedural barriers interposed b" respondents deserve scant consideration because, ulti1atel",

the core issue to be resolved in this petition is the proper construal of the constitutional provision

re6uirin$ a 1a4orit" of the 1e1bership of COMEEC, includin$ the Chair1an thereof to 9have been

en$a$ed in the practice of la! for at least ten (=- "ears.9 rt. I/C-, Section ((-, ()*+

Constitution-. uestions involvin$ the construction of constitutional provisions are best left to 4udicial

resolution. s declared in An!ara . Electoral Co))ission, ;7 Phil. (7)- 9upon the 4udicial

depart1ent is thro!n the sole1n and inescapable obli$ation of interpretin$ the Constitution and

definin$ constitutional boundaries.9

'he Constitution has i1posed clear and specific standards for a COMEEC Chair1an. 1on$ these

are that he 1ust have been 9en$a$ed in the practice of la! for at least ten (=- "ears.9 It is the

bounden dut" of this Court to ensure that such standard is 1et and co1plied !ith.

hat constitutes practice of la!H s co11onl" understood, 9practice9 refers to the actual

perfor)ance or application of 8no!led$e as distin$uished fro1 )ere possession of #nowled!e? it

connotes an actie, habitual , repeated or custo)ary action. 1 'o 9practice9 la!, or an" profession for

that 1atter, 1eans, to e&ercise or pursue an e1plo"1ent or profession actiely, habitually, repeatedly or

custo)arily .



'herefore, a doctor of 1edicine !ho is e1plo"ed and is habituall" perfor1in$ the tas8s of a nursin$

aide, cannot be said to be in the 9practice of 1edicine.9 certified public accountant !ho !or8s as a

cler8, cannot be said to practice his profession as an accountant. In the sa1e !a", a la!"er !ho is

e1plo"ed as a business e&ecutive or a corporate 1ana$er, other than as head or attorne" of a e$al

Depart1ent of a corporation or a $overn1ental a$enc", cannot be said to be in the practice of la!.

s aptl" held b" this Court in the case of (eople s. Dillanuea0

(ractice is )ore than an isolated appearance for it consists in freuent or custo)ary

actions, a succession of acts of the sa)e #ind . In other !ords, it is fre6uent habitual

e&ercise State vs# Cotner, (:+, p. (, *+ an. *;>, >: R, M.S. +;*-. Practice of

la! to fall !ithin the prohibition of statute has been interpreted as custo1aril" or

habituall" holdin$ one%s self out to the public as a la!"er and de1andin$ pa"1ent for

such services State vs. 5r"an, > S.E. <::, )* N.C. ;>>,;>+.- ... e1phasis

supplied-.

It is !orth 1entionin$ that the respondent Co11ission on ppoint1ents in a Me1orandu1 it

prepared, enu1erated several factors deter1inative of !hether a particular activit" constitutes9practice of la!.9 It states0

(. abituality . 'he ter1 9practice of la!9 i1plies custo1aril" or habituall" holdin$

one%s self out to the public as a la!"er People vs. Villanueva, (> SCR (=) citin$

State v. 5o"en, > S.E. <::, )* N.C. ;>>- such as !hen one sends a circular

announcin$ the establish1ent of a la! office for the $eneral practice of la! .S. v.

Ne" 5os6ue, * Phil. (>;-, or !hen one ta8es the oath of office as a la!"er before a

notar" public, and files a 1anifestation !ith the Supre1e Court infor1in$ it of his

intention to practice la! in all courts in the countr" People v. De una, (=: Phil.

);*-.

Practice is 1ore than an isolated appearance for it consists in fre6uent or custo1ar"action, a succession of acts of the sa1e 8ind. In other !ords, it is a habitual e&ercise

People v. Villanueva, (> SCR (=) citin$ State v. Cotner, (:+, p. (, *+ an, *;>-.

:. Co)pensation. Practice of la! i1plies that one 1ust have presented hi1self to be

in the active and continued practice of the le$al profession and that his professional

services are available to the public for co1pensation, as a service of his livelihood or

in consideration of his said services. People v. Villanueva, supra-. 3ence, char$in$

for services such as preparation of docu1ents involvin$ the use of le$al 8no!led$e

and s8ill is !ithin the ter1 9practice of la!9 Ernani Pao, 5ar Revie!er in e$al and

@udicial Ethics, ()** ed., p. * citin$ People v. People%s Stoc8"ards State 5an8, (+;

N.5. )=(- and, one !ho renders an opinion as to the proper interpretation of a

statute, and receives pa" for it, is to that e&tent, practicin$ la! Martin, supra, p. *=;citin$ Mendelaun v. ilbert and 5ar8et Mf$. Co., :)= N..S. >;:- If co1pensation is

e&pected, all advice to clients and all action ta8en for the1 in 1atters connected !ith

the la!? are practicin$ la!. El!ood Fitchette et al., v. rthur C. 'a"lor, )>#.R. 7<;#

7<)-

7. Application of law le!al principle practice or procedure !hich calls for le$al

8no!led$e, trainin$ and e&perience is !ithin the ter1 9practice of la!9. Martin supra-



>. Attorney-client relationship. En$a$in$ in the practice of la! presupposes the

e&istence of la!"er#client relationship. 3ence, !here a la!"er underta8es an activit"

!hich re6uires 8no!led$e of la! but involves no attorne"#client relationship, such as

teachin$ la! or !ritin$ la! boo8s or articles, he cannot be said to be en$a$ed in the

practice of his profession or a la!"er $palo, e$al Ethics, ()*) ed., p. 7=-. 3

'he above#enu1erated factors !ould, I believe, be useful aids in deter1inin$ !hether or not

respondent Monsod 1eets the constitutional 6ualification of practice of la! for at least ten (=- "ears

at the ti1e of his appoint1ent as COMEEC Chair1an.

'he follo!in$ relevant 6uestions 1a" be as8ed0

(. Did respondent Monsod perfor1 an" of the tas8s !hich are peculiar to the practice of la!H

:. Did respondent perfor1 such tas8s custo1aril" or habituall"H

7. ssu1in$ that he perfor1ed an" of such tas8s habituall", did he do so 35I' FOR '

ES' 'EN (=- ERS prior to his appoint1ent as COMEEC Chair1anH

iven the e1plo"1ent or 4ob histor" of respondent Monsod as appears fro1 the records, I a1

persuaded that if ever he did perfor1 an" of the tas8s !hich constitute the practice of la!, he did not

do so A"+&8ALL3 for at least ten ?9<@ years prior to his appoint1ent as COMEEC Chair1an.

hile it 1a" be $ranted that he perfor1ed tas8s and activities !hich could be latitudinarianl"

considered activities peculiar to the practice of la!, li8e the draftin$ of le$al docu1ents and the

renderin$ of le$al opinion or advice, such !ere isolated transactions or activities !hich do not 6ualif"

his past endeavors as 9practice of la!.9 'o beco1e en$a$ed in the practice of la!, there 1ust be a

continuity , or a succession of acts. s observed b" the Solicitor eneral in (eople s. Dillanuea0 /

Essentiall", the !ord private practice of la! i1plies that one 1ust have presentedhi1self to be in the actie and continued practice of the le!al profession and that his

professional services are available to the public for a co1pensation, as a source of

his livelihood or in consideration of his said services.

CCORDIN, 1" vote is to RN' the petition and to declare respondent Monsod as not

6ualified for the position of COMEEC Chair1an for not havin$ en$a$ed in the practice of la! for at

least ten (=- "ears prior to his appoint1ent to such position.

CRU, J., dissentin$0

I a1 sincerel" i1pressed b" the ponencia of 1" brother Paras but find I 1ust dissent 4ust the sa1e.'here are certain points on !hich I 1ust differ !ith hi1 !hile of course respectin$ hisvie!point.

'o be$in !ith, I do not thin8 !e are inhibited fro1 e&a1inin$ the 6ualifications of the respondent

si1pl" because his no1ination has been confir1ed b" the Co11ission on ppoint1ents. In 1"

vie!, this is not a political 6uestion that !e are barred fro1 resolvin$. Deter1ination of the

appointee%s credentials is 1ade on the basis of the established facts, not the discretion of that bod".

Even if it !ere, the e&ercise of that discretion !ould still be sub4ect to our revie!.



In Lue!o, !hich is cited in the ponencia, !hat !as involved !as the discretion of the appointin$

authorit" to choose bet!een t!o clai1ants to the sa1e office !ho both possessed the re6uired

6ualifications. It !as that 8ind of discretion that !e said could not be revie!ed.

If a person elected b" no less than the soverei$n people 1a" be ousted b" this Court for lac8 of the

re6uired 6ualifications, I see no reason !h" !e cannot dis6ualified an appointee si1pl" because he

has passed the Co11ission on ppoint1ents.

Even the President of the Philippines 1a" be declared ineli$ible b" this Court in an appropriate

proceedin$ not!ithstandin$ that he has been found acceptable b" no less than the enfranchised

citi2enr". 'he reason is that !hat !e !ould be e&a1inin$ is not the wisdo) of his election but

!hether or not he !as 6ualified to be elected in the first place.

Co1in$ no! to the 6ualifications of the private respondent, I fear that the ponencia 1a" have been

too s!eepin$ in its definition of the phrase 9practice of la!9 as to render the 6ualification practicall"

toothless. Fro1 the nu1erous activities accepted as e1braced in the ter1, I have the unco1fortable

feelin$ that one does not even have to be a la!"er to be en$a$ed in the practice of la! as lon$ as

his activities involve the application of so1e la!, ho!ever peripherall". 'he stoc8 bro8er and theinsurance ad4uster and the realtor could co1e under the definition as the" deal !ith or $ive advice

on 1atters that are li8el" 9to beco1e involved in liti$ation.9

'he la!"er is considered en$a$ed in the practice of la! even if his 1ain occupation is another

business and he interprets and applies so1e la! onl" as an incident of such business. 'hat covers

ever" co1pan" or$ani2ed under the Corporation Code and re$ulated b" the SEC under P.D. )=:#.

Considerin$ the ra1ifications of the 1odern societ", there is hardl" an" activit" that is not affected b"

so1e la! or $overn1ent re$ulation the business1an 1ust 8no! about and observe. In fact, a$ain

$oin$ b" the definition, a la!"er does not even have to be part of a business concern to be

considered a practitioner. 3e can be so dee1ed !hen, on his o!n, he rents a house or bu"s a car or

consults a doctor as these acts involve his 8no!led$e and application of the la!s re$ulatin$ such

transactions. If he operates a public utilit" vehicle as his 1ain source of livelihood, he !ould still bedee1ed en$a$ed in the practice of la! because he 1ust obe" the Public Service ct and the rules

and re$ulations of the Ener$" Re$ulator" 5oard.

'he ponencia 6uotes an 1erican decision definin$ the practice of la! as the 9perfor1ance of an"

acts ... in or out of court, co11onl" understood to be the practice of la!,9 !hich tells us absolutel"

nothin$. 'he decision $oes on to sa" that 9because la!"ers perfor1 al1ost ever" function 8no!n in

the co11ercial and $overn1ental real1, such a definition !ould obviousl" be too $lobal to be

!or8able.9

'he effect of the definition $iven in the ponencia is to consider virtuall" ever" la!"er to be en$a$ed

in the practice of la! even if he does not earn his livin$, or at least part of it, as a la!"er. It is enou$h

that his activities are incidentall" even if onl" re1otel"- connected !ith so1e la!, ordinance, orre$ulation. 'he possible e&ception is the la!"er !hose inco1e is derived fro1 teachin$ ballroo1

dancin$ or escortin$ !rin8led ladies !ith pubescent pretensions.

'he respondent%s credentials are i1pressive, to be sure, but the" do not persuade 1e that he has

been en$a$ed in the practice of la! for ten "ears as re6uired b" the Constitution. It is conceded that

he has been en$a$ed in business and finance, in !hich areas he has distin$uished hi1self, but as

an e&ecutive and econo1ist and not as a practicin$ la!"er. 'he plain fact is that he has occupied



the various positions listed in his resu1e b" virtue of his e&perience and presti$e as a business1an

and not as an attorne"#at#la! !hose principal attention is focused on the la!. Even if it be ar$ued

that he !as actin$ as a la!"er !hen he lobbied in Con$ress for a$rarian and urban refor1, served in

the NMFRE and the Constitutional Co11ission to$ether !ith non#la!"ers li8e far1ers and

priests- and !as a 1e1ber of the Davide Co11ission, he has not proved that his activities in these

capacities e&tended over the prescribed (=#"ear period of actual practice of the la!. 3e is doubtless

e1inentl" 6ualified for 1an" other positions !orth" of his abundant talents but not as Chair1an ofthe Co11ission on Elections.

I have 1uch ad1iration for respondent Monsod, no less than for Mr. @ustice Paras, but I 1ust

re$retfull" vote to $rant the petition.

GUTIERRE, JR., J., dissentin$0

hen this petition !as filed, there !as hope that en$a$in$ in the practice of la! as a 6ualification for

public office !ould be settled one !a" or another in fairl" definitive ter1s. nfortunatel", this !as not

the result.

Of the fourteen (>- 1e1ber Court, < are of the vie! that Mr. Christian Monsod en$a$ed in the

practice of la! !ith one of these < leavin$ his vote behind !hile on official leave but not e&pressin$

his clear stand on the 1atter-? > cate$oricall" statin$ that he did not practice la!? : votin$ in the

result because there !as no error so $ross as to a1ount to $rave abuse of discretion? one of official

leave !ith no instructions left behind on ho! he vie!ed the issue? and : not ta8in$ part in the

deliberations and the decision.

'here are t!o 8e" factors that 1a8e our tas8 difficult. First is our revie!in$ the !or8 of a

constitutional Co11ission on ppoint1ents !hose dut" is precisel" to loo8 into the 6ualifications of

persons appointed to hi$h office. Even if the Co11ission errs, !e have no po!er to set aside error.

e can loo8 onl" into $rave abuse of discretion or !hi1sicall" and arbitrariness. Second is our belief

that Mr. Monsod possesses superior 6ualifications in ter1s of e&ecutive abilit", proficienc" in1ana$e1ent, educational bac8$round, e&perience in international ban8in$ and finance, and instant

reco$nition b" the public. 3is inte$rit" and co1petence are not 6uestioned b" the petitioner. hat is

before us is co1pliance !ith a specific re6uire1ent !ritten into the Constitution.

Inspite of 1" hi$h re$ard for Mr. Monsod, I cannot shir8 1" constitutional dut". 3e has never

en$a$ed in the practice of la! for even one "ear. 3e is a 1e1ber of the bar but to sa" that he has

practiced la! is stretchin$ the ter1 be"ond rational li1its.

person 1a" have passed the bar e&a1inations. "ut if he has not dedicated his life to the law, if he

has not en!a!ed in an actiity where )e)bership in the bar is a reuire)ent I fail to see ho! he can

clai1 to have been en$a$ed in the practice of la!.

En$a$in$ in the practice of la! is a 6ualification not onl" for COMEEC chair1an but also for

appoint1ent to the Supre1e Court and all lo!er courts. hat 8ind of @ud$es or @ustices !ill !e

have if there 1ain occupation is sellin$ real estate, 1ana$in$ a business corporation, servin$ in fact#

findin$ co11ittee, !or8in$ in 1edia, or operatin$ a far1 !ith no active involve1ent in the la!,

!hether in overn1ent or private practice, e&cept that in one 4o"ful 1o1ent in the distant past, the"

happened to pass the bar e&a1inationsH



'he Constitution uses the phrase 9en$a$ed in the practice of la! for at least ten "ears.9 'he

deliberate choice of !ords sho!s that the practice envisioned is active and re$ular, not isolated,

occasional, accidental, inter1ittent, incidental, seasonal, or e&te1poraneous. 'o be 9en$a$ed9 in an

activit" for ten "ears re6uires co11itted participation in so1ethin$ !hich is the result of one%s

decisive choice. It 1eans that one is occupied and involved in the enterprise? one is obli$ed or

pled$ed to carr" it out !ith intent and attention durin$ the ten#"ear period.

I a$ree !ith the petitioner that based on the bio#data sub1itted b" respondent Monsod to the

Co11ission on ppoint1ents, the latter has not been en$a$ed in the practice of la! for at least ten

"ears. In fact, if appears that Mr. Monsod has never practiced la! e&cept for an alle$ed one "ear

period after passin$ the bar e&a1inations !hen he !or8ed in his father%s la! fir1. Even then his la!

practice 1ust have been e&tre1el" li1ited because he !as also !or8in$ for M.. and Ph. D.

de$rees in Econo1ics at the niversit" of Penns"lvania durin$ that period. 3o! could he practice

la! in the nited States !hile not a 1e1ber of the 5ar thereH

'he professional life of the respondent follo!s0

(.(<.(. Respondent Monsod%s activities since his passin$ the 5ar e&a1inations in();( consist of the follo!in$0

(. ();(#();70 M.. in Econo1ics Ph. D. candidate-, niversit" of Penns"lvania

:. ();7#()+=0 orld 5an8 roup J Econo1ist, Industr" Depart1ent? Operations,

atin 1erican Depart1ent? Division Chief, South sia and Middle East, International

Finance Corporation

7. ()+=#()+70 Meralco roup J E&ecutive of various co1panies, i.e., Meralco

Securities Corporation, Philippine Petroleu1 Corporation, Philippine Electric

Corporation

>. ()+7#()+;0 u4uico roup J President, Fil#Capital Develop1ent Corporation and

affiliated co1panies

<. ()+;#()+*0 Finaciera Manila J Chief E&ecutive Officer

;. ()+*#()*;0 uevent roup of Co1panies J Chief E&ecutive Officer

+. ()*;#()*+0 Philippine Constitutional Co11ission J Me1ber

*. ()*)#())(0 'he Fact#Findin$ Co11ission on the Dece1ber ()*) Coup tte1pt

J Me1ber

). Presentl"0 Chair1an of the 5oard and Chief E&ecutive Officer of the follo!in$

co1panies0

a. CE Container Philippines, Inc.

b. Dataprep, Philippines



c. Philippine SNs"ste1s Products, Inc.

d. Se1irara Coal Corporation

e. C5 'i1ber Corporation

Me1ber of the 5oard of the Follo!in$0

a. En$ineerin$ Construction Corporation of the Philippines

b. First Philippine Ener$" Corporation

c. First Philippine 3oldin$s Corporation

d. First Philippine Industrial Corporation

e. raphic telier

f. Manila Electric Co1pan"

$. Philippine Co11ercial Capital, Inc.

h. Philippine Electric Corporation

i. 'arlac Reforestation and Environ1ent Enterprises

4. 'olon$ 6uaculture Corporation

8. Visa"an 6uaculture Corporation

l. ui1aras 6uaculture Corporation Rollo, pp. :(#::-

'here is nothin$ in the above bio#data !hich even re1otel" indicates that respondent Monsod has

$iven the law enou$h attention or a certain de$ree of co11it1ent and participation as !ould support

in all sincerit" and candor the clai1 of havin$ en$a$ed in its practice for at least ten "ears. Instead of

!or8in$ as a la!"er, he has la!"ers !or8in$ for hi1. Instead of $ivin$ receivin$ that le$al advice of

le$al services, he !as the oneadvice and those services as an e&ecutive but not as a la!"er.

'he deliberations before the Co11ission on ppoint1ents sho! an effort to e6uate 9en$a$ed in the

practice of la!9 !ith the use of le$al 8no!led$e in various fields of endeavor such as co11erce,

industr", civic !or8, blue ribbon investi$ations, a$rarian refor1, etc. !here such 8no!led$e !ould behelpful.

I re$ret that I cannot 4oin in pla"in$ fast and loose !ith a ter1, !hich even an ordinar" la"1an

accepts as havin$ a fa1iliar and custo1ar" !ell#defined 1eanin$. Ever" resident of this countr" !ho

has reached the a$e of discern1ent has to 8no!, follo!, or appl" the la! at various ti1es in his life.

e$al 8no!led$e is useful if not necessar" for the business e&ecutive, le$islator, 1a"or, baran$a"



captain, teacher, police1an, far1er, fisher1an, 1ar8et vendor, and student to na1e onl" a fe!. nd

"et, can these people honestl" assert that as such, the" are en$a$ed in the practice of la!H

'he Constitution re6uires havin$ been 9en$a$ed in the practice of la! for at least ten "ears.9 It is not

satisfied !ith havin$ been 9a 1e1ber of the Philippine bar for at least ten "ears.9

So1e 1erican courts have defined the practice of la!, as follo!s0

'he practice of la! involves not onl" appearance in court in connection !ith liti$ation

but also services rendered out of court, and it includes the $ivin$ of advice or the

renderin$ of an" services re6uirin$ the use of le$al s8ill or 8no!led$e, such as

preparin$ a !ill, contract or other instru1ent, the le$al effect of !hich, under the facts

and conditions involved, 1ust be carefull" deter1ined. (eople e' rel. Chica!o "ar

Ass$n . &in#off , 7)) Ill. :*:, ++ N.E.:d ;)7? (eople e' rel. +llinois State "ar Ass$n .

(eople$s Stoc# 3ards State "an# , 7>> Ill. >;:,(+; N.E. )=(, and cases cited.

It !ould be difficult, if not i1possible to la" do!n a for1ula or definition of !hat

constitutes the practice of la!. 9Practicin$ la!9 has been defined as 9Practicin$ as anattorne" or counselor at la! accordin$ to the la!s and custo1s of our courts, is the

$ivin$ of advice or rendition of an" sort of service b" an" person, fir1 or corporation

!hen the $ivin$ of such advice or rendition of such service re6uires the use of an"

de$ree of le$al 8no!led$e or s8ill.9 ithout adoptin$ that definition, !e referred to it

as bein$ substantiall" correct in (eople e' rel. +llinois State "ar Ass$n . (eople$s

Stoc# 3ards State "an# , 7>> Ill. >;:,(+; N.E. )=(. People v. Schafer, *+ N.E. :d

++7, ++;-

For one%s actions to co1e !ithin the purvie! of practice of law the" should not onl" be activities

peculiar to the !or8 of a la!"er, the" should also be perfor1ed, habituall", fre6uentl" or custo1aril",

to !it0

&&& &&& &&&

Respondent%s ans!ers to 6uestions propounded to hi1 !ere rather evasive. 3e !as

as8ed !hether or not he ever prepared contracts for the parties in real#estate

transactions !here he !as not the procurin$ a$ent. 3e ans!ered0 9Ver" seldo1.9 In

ans!er to the 6uestion as to ho! 1an" ti1es he had prepared contracts for the

parties durin$ the t!ent"#one "ears of his business, he said0 9I have no Idea.9 hen

as8ed if it !ould be 1ore than half a do2en ti1es his ans!er !as I suppose. s8ed if

he did not recall 1a8in$ the state1ent to several parties that he had prepared

contracts in a lar$e nu1ber of instances, he ans!ered0 9I don%t recall e&actl" !hat

!as said.9 hen as8ed if he did not re1e1ber sa"in$ that he had 1ade a practice of

preparin$ deeds, 1ort$a$es and contracts and char$in$ a fee to the parties therefor

in instances !here he !as not the bro8er in the deal, he ans!ered0 9ell, I don%t

believe so, that is not a practice.9 Pressed further for an ans!er as to his practice in

preparin$ contracts and deeds for parties !here he !as not the bro8er, he finall"

ans!ered0 9I have done about ever"thin$ that is on the boo8s as far as real estate is

concerned.9

&&& &&& &&&



Respondent ta8es the position that because he is a real#estate bro8er he has a

la!ful ri$ht to do an" le$al !or8 in connection !ith real#estate transactions,

especiall" in dra!in$ of real#estate contracts, deeds, 1ort$a$es, notes and the li8e.

'here is no doubt but that he has en$a$ed in these practices over the "ears and has

char$ed for his services in that connection. ... People v. Schafer, *+ N.E. :d ++7-

&&& &&& &&&

... n attorne", in the 1ost $eneral sense, is a person desi$nated or e1plo"ed b"

another to act in his stead? an a$ent? 1ore especiall", one of a class of persons

authori2ed to appear and act for suitors or defendants in le$al proceedin$s. Strictl",

these professional persons are attorne"s at la!, and non#professional a$ents are

properl" st"led 9attorne"%s in fact?9 but the sin$le !ord is 1uch used as 1eanin$ an

attorne" at la!. person 1a" be an attorne" in facto for another, !ithout bein$ an

attorne" at la!. bb. a! Dict. 9ttorne".9 public attorne", or attorne" at la!, sa"s

ebster, is an officer of a court of la!, le$all" 6ualified to prosecute and defend

actions in such court on the retainer of clients. 9'he principal duties of an attorne"

are (- to be true to the court and to his client? :- to 1ana$e the business of his

client !ith care, s8ill, and inte$rit"? 7- to 8eep his client infor1ed as to the state of

his business? >- to 8eep his secrets confided to hi1 as such. ... 3is ri$hts are to be

4ustl" co1pensated for his services.9 5ouv. a! Dict. tit. 9ttorne".9 &he transitie

erb practice, as defined by 0ebster, )eans $to do or perfor) freuently,

custo)arily, or habitually2 to perfor) by a succession of acts, as, to practice

!a)in!, ... to carry on in practice, or repeated action2 to apply, as a theory, to real

life2 to e'ercise, as a profession, trade, art. etc.2 as, to practice law or 1edicine,%

etc....9 State v. 5r"an, S.E. <::, <:7? E1phasis supplied-

In this 4urisdiction, !e have ruled that the practice of la! denotes fre6uenc" or a succession of acts.

'hus, !e stated in the case of People v. Villanueva (> SCR (=) A();<B-0

&&& &&& &&&

... Practice is 1ore than an isolated appearance, for it consists in fre6uent or custo1ar" actions, a

succession of acts of the sa1e 8ind. In other !ords, it is fre6uent habitual e&ercise State v. Cotner,

(:+, p. (, *+ an. *;>, >: R, M.S. +;*-. Practice of la! to fall !ithin the prohibition of statute has

been interpreted as custo1aril" or habituall" holdin$ one%s self out to the public, as a la!"er and

de1andin$ pa"1ent for such services. ... . at p. ((:-

It is to be noted that the Co11ission on ppoint1ent itself reco$ni2es habituality as a re6uired

co1ponent of the 1eanin$ of practice of la! in a Me1orandu1 prepared and issued b" it, to !it0

l. abituality . 'he ter1 %practice of la!% i1plies custo1aril"or habituall" holdin$ one%s

self out to the public as a la!"er People v. Villanueva, (> SCR (=) citin$ State v.

5r"an, > S.E. <::, )* N.C. ;>>- such as !hen one sends a circular announcin$ the

establish1ent of a la! office for the $eneral practice of la! .S. v. No" 5os6ue, *

Phil. (>;-, or !hen one ta8es the oath of office as a la!"er before a notar" public,

and files a 1anifestation !ith the Supre1e Court infor1in$ it of his intention to

practice la! in all courts in the countr" People v. De una, (=: Phil. );*-.



'he records of this case !ill sho! that !hen the Court first deliberated on the Petition at bar, I voted

not onl" to re6uire the respondents to co11ent on the Petition, but I !as the sole vote for the

issuance of a te1porar" restrainin$ order to en4oin respondent Monsod fro1 assu1in$ the position

of COMEEC Chair1an, !hile the Court deliberated on his constitutional 6ualification for the office.

M" purpose in votin$ for a 'RO !as to prevent the inconvenience and even e1barrass1ent to all

parties concerned !ere the Court to finall" decide for respondent Monsod%s dis6ualification.

Moreover, a readin$ of the Petition then in relation to established 4urisprudence alread" sho!ed pri)a facie that respondent Monsod did not possess the needed 6ualification, that is, he had not

en$a$ed in the practice of la! for at least ten (=- "ears prior to his appoint1ent as COMEEC

Chair1an.

fter considerin$ carefull" respondent Monsod%s co11ent, I a1 even 1ore convinced that the

constitutional re6uire1ent of 9 practice of law for at least ten ?9<@ years9 has not been 1et.

'he procedural barriers interposed b" respondents deserve scant consideration because, ulti1atel",

the core issue to be resolved in this petition is the proper construal of the constitutional provision

re6uirin$ a 1a4orit" of the 1e1bership of COMEEC, includin$ the Chair1an thereof to 9have been

en$a$ed in the practice of la! for at least ten (=- "ears.9 rt. I/C-, Section ((-, ()*+

Constitution-. uestions involvin$ the construction of constitutional provisions are best left to 4udicial

resolution. s declared in An!ara . Electoral Co))ission, ;7 Phil. (7)- 9upon the 4udicial

depart1ent is thro!n the sole1n and inescapable obli$ation of interpretin$ the Constitution and

definin$ constitutional boundaries.9

'he Constitution has i1posed clear and specific standards for a COMEEC Chair1an. 1on$ these

are that he 1ust have been 9en$a$ed in the practice of la! for at least ten (=- "ears.9 It is the

bounden dut" of this Court to ensure that such standard is 1et and co1plied !ith.

hat constitutes practice of la!H s co11onl" understood, 9practice9 refers to the actual

perfor)ance or application of 8no!led$e as distin$uished fro1 )ere possession of #nowled!e? it

connotes an actie, habitual , repeated or custo)ary action.1

'o 9practice9 la!, or an" profession forthat 1atter, 1eans, to e&ercise or pursue an e1plo"1ent or profession actiely, habitually, repeatedly or

custo)arily .

'herefore, a doctor of 1edicine !ho is e1plo"ed and is habituall" perfor1in$ the tas8s of a nursin$

aide, cannot be said to be in the 9practice of 1edicine.9 certified public accountant !ho !or8s as a

cler8, cannot be said to practice his profession as an accountant. In the sa1e !a", a la!"er !ho is

e1plo"ed as a business e&ecutive or a corporate 1ana$er, other than as head or attorne" of a e$al

Depart1ent of a corporation or a $overn1ental a$enc", cannot be said to be in the practice of la!.

s aptl" held b" this Court in the case of (eople s. Dillanuea0

(ractice is )ore than an isolated appearance for it consists in freuent or custo)aryactions, a succession of acts of the sa)e #ind . In other !ords, it is fre6uent habitual

e&ercise State vs# Cotner, (:+, p. (, *+ an. *;>, >: R, M.S. +;*-. Practice of

la! to fall !ithin the prohibition of statute has been interpreted as custo1aril" or

habituall" holdin$ one%s self out to the public as a la!"er and de1andin$ pa"1ent for

such services State vs. 5r"an, > S.E. <::, )* N.C. ;>>,;>+.- ... e1phasis

supplied-.



It is !orth 1entionin$ that the respondent Co11ission on ppoint1ents in a Me1orandu1 it

prepared, enu1erated several factors deter1inative of !hether a particular activit" constitutes

9practice of la!.9 It states0

(. abituality . 'he ter1 9practice of la!9 i1plies custo1aril" or habituall" holdin$

one%s self out to the public as a la!"er People vs. Villanueva, (> SCR (=) citin$

State v. 5o"en, > S.E. <::, )* N.C. ;>>- such as !hen one sends a circular

announcin$ the establish1ent of a la! office for the $eneral practice of la! .S. v.

Ne" 5os6ue, * Phil. (>;-, or !hen one ta8es the oath of office as a la!"er before a

notar" public, and files a 1anifestation !ith the Supre1e Court infor1in$ it of his

intention to practice la! in all courts in the countr" People v. De una, (=: Phil.

);*-.

Practice is 1ore than an isolated appearance for it consists in fre6uent or custo1ar"

action, a succession of acts of the sa1e 8ind. In other !ords, it is a habitual e&ercise

People v. Villanueva, (> SCR (=) citin$ State v. Cotner, (:+, p. (, *+ an, *;>-.

:. Co)pensation. Practice of la! i1plies that one 1ust have presented hi1self to bein the active and continued practice of the le$al profession and that his professional

services are available to the public for co1pensation, as a service of his livelihood or

in consideration of his said services. People v. Villanueva, supra-. 3ence, char$in$

for services such as preparation of docu1ents involvin$ the use of le$al 8no!led$e

and s8ill is !ithin the ter1 9practice of la!9 Ernani Pao, 5ar Revie!er in e$al and

@udicial Ethics, ()** ed., p. * citin$ People v. People%s Stoc8"ards State 5an8, (+;

N.5. )=(- and, one !ho renders an opinion as to the proper interpretation of a

statute, and receives pa" for it, is to that e&tent, practicin$ la! Martin, supra, p. *=;

citin$ Mendelaun v. ilbert and 5ar8et Mf$. Co., :)= N..S. >;:- If co1pensation is

e&pected, all advice to clients and all action ta8en for the1 in 1atters connected !ith

the la!? are practicin$ la!. El!ood Fitchette et al., v. rthur C. 'a"lor, )>#.R. 7<;#

7<)-

7. Application of law le!al principle practice or procedure !hich calls for le$al

8no!led$e, trainin$ and e&perience is !ithin the ter1 9practice of la!9. Martin supra-

>. Attorney-client relationship. En$a$in$ in the practice of la! presupposes the

e&istence of la!"er#client relationship. 3ence, !here a la!"er underta8es an activit"

!hich re6uires 8no!led$e of la! but involves no attorne"#client relationship, such as

teachin$ la! or !ritin$ la! boo8s or articles, he cannot be said to be en$a$ed in the

practice of his profession or a la!"er $palo, e$al Ethics, ()*) ed., p. 7=-. 3

'he above#enu1erated factors !ould, I believe, be useful aids in deter1inin$ !hether or not

respondent Monsod 1eets the constitutional 6ualification of practice of la! for at least ten (=- "earsat the ti1e of his appoint1ent as COMEEC Chair1an.

'he follo!in$ relevant 6uestions 1a" be as8ed0

(. Did respondent Monsod perfor1 an" of the tas8s !hich are peculiar to the practice of la!H

:. Did respondent perfor1 such tas8s custo1aril" or habituall"H



7. ssu1in$ that he perfor1ed an" of such tas8s habituall", did he do so 35I' FOR '

ES' 'EN (=- ERS prior to his appoint1ent as COMEEC Chair1anH

iven the e1plo"1ent or 4ob histor" of respondent Monsod as appears fro1 the records, I a1

persuaded that if ever he did perfor1 an" of the tas8s !hich constitute the practice of la!, he did not

do so A"+&8ALL3 for at least ten ?9<@ years prior to his appoint1ent as COMEEC Chair1an.

hile it 1a" be $ranted that he perfor1ed tas8s and activities !hich could be latitudinarianl"

considered activities peculiar to the practice of la!, li8e the draftin$ of le$al docu1ents and the

renderin$ of le$al opinion or advice, such !ere isolated transactions or activities !hich do not 6ualif"

his past endeavors as 9practice of la!.9 'o beco1e en$a$ed in the practice of la!, there 1ust be a

continuity , or a succession of acts. s observed b" the Solicitor eneral in (eople s. Dillanuea0 /

Essentiall", the !ord private practice of la! i1plies that one 1ust have presented

hi1self to be in the actie and continued practice of the le!al profession and that his

professional services are available to the public for a co1pensation, as a source of

his livelihood or in consideration of his said services.

CCORDIN, 1" vote is to RN' the petition and to declare respondent Monsod as not

6ualified for the position of COMEEC Chair1an for not havin$ en$a$ed in the practice of la! for at

least ten (=- "ears prior to his appoint1ent to such position.

CRU, J., dissentin$0

I a1 sincerel" i1pressed b" the ponencia of 1" brother Paras but find I 1ust dissent 4ust the sa1e.

'here are certain points on !hich I 1ust differ !ith hi1 !hile of course respectin$ hisvie!point.

'o be$in !ith, I do not thin8 !e are inhibited fro1 e&a1inin$ the 6ualifications of the respondent

si1pl" because his no1ination has been confir1ed b" the Co11ission on ppoint1ents. In 1"

vie!, this is not a political 6uestion that !e are barred fro1 resolvin$. Deter1ination of theappointee%s credentials is 1ade on the basis of the established facts, not the discretion of that bod".

Even if it !ere, the e&ercise of that discretion !ould still be sub4ect to our revie!.

In Lue!o, !hich is cited in the ponencia, !hat !as involved !as the discretion of the appointin$

authorit" to choose bet!een t!o clai1ants to the sa1e office !ho both possessed the re6uired

6ualifications. It !as that 8ind of discretion that !e said could not be revie!ed.

If a person elected b" no less than the soverei$n people 1a" be ousted b" this Court for lac8 of the

re6uired 6ualifications, I see no reason !h" !e cannot dis6ualified an appointee si1pl" because he

has passed the Co11ission on ppoint1ents.

Even the President of the Philippines 1a" be declared ineli$ible b" this Court in an appropriate

proceedin$ not!ithstandin$ that he has been found acceptable b" no less than the enfranchised

citi2enr". 'he reason is that !hat !e !ould be e&a1inin$ is not the wisdo) of his election but

!hether or not he !as 6ualified to be elected in the first place.

Co1in$ no! to the 6ualifications of the private respondent, I fear that the ponencia 1a" have been

too s!eepin$ in its definition of the phrase 9practice of la!9 as to render the 6ualification practicall"

toothless. Fro1 the nu1erous activities accepted as e1braced in the ter1, I have the unco1fortable



feelin$ that one does not even have to be a la!"er to be en$a$ed in the practice of la! as lon$ as

his activities involve the application of so1e la!, ho!ever peripherall". 'he stoc8 bro8er and the

insurance ad4uster and the realtor could co1e under the definition as the" deal !ith or $ive advice

on 1atters that are li8el" 9to beco1e involved in liti$ation.9

'he la!"er is considered en$a$ed in the practice of la! even if his 1ain occupation is another

business and he interprets and applies so1e la! onl" as an incident of such business. 'hat covers

ever" co1pan" or$ani2ed under the Corporation Code and re$ulated b" the SEC under P.D. )=:#.

Considerin$ the ra1ifications of the 1odern societ", there is hardl" an" activit" that is not affected b"

so1e la! or $overn1ent re$ulation the business1an 1ust 8no! about and observe. In fact, a$ain

$oin$ b" the definition, a la!"er does not even have to be part of a business concern to be

considered a practitioner. 3e can be so dee1ed !hen, on his o!n, he rents a house or bu"s a car or

consults a doctor as these acts involve his 8no!led$e and application of the la!s re$ulatin$ such

transactions. If he operates a public utilit" vehicle as his 1ain source of livelihood, he !ould still be

dee1ed en$a$ed in the practice of la! because he 1ust obe" the Public Service ct and the rules

and re$ulations of the Ener$" Re$ulator" 5oard.

'he ponencia 6uotes an 1erican decision definin$ the practice of la! as the 9perfor1ance of an"

acts . . . in or out of court, co11onl" understood to be the practice of la!,9 !hich tells us absolutel"

nothin$. 'he decision $oes on to sa" that 9because la!"ers perfor1 al1ost ever" function 8no!n in

the co11ercial and $overn1ental real1, such a definition !ould obviousl" be too $lobal to be

!or8able.9

'he effect of the definition $iven in the ponencia is to consider virtuall" ever" la!"er to be en$a$ed

in the practice of la! even if he does not earn his livin$, or at least part of it, as a la!"er. It is enou$h

that his activities are incidentall" even if onl" re1otel"- connected !ith so1e la!, ordinance, or

re$ulation. 'he possible e&ception is the la!"er !hose inco1e is derived fro1 teachin$ ballroo1

dancin$ or escortin$ !rin8led ladies !ith pubescent pretensions.

'he respondent%s credentials are i1pressive, to be sure, but the" do not persuade 1e that he hasbeen en$a$ed in the practice of la! for ten "ears as re6uired b" the Constitution. It is conceded that

he has been en$a$ed in business and finance, in !hich areas he has distin$uished hi1self, but as

an e&ecutive and econo1ist and not as a practicin$ la!"er. 'he plain fact is that he has occupied

the various positions listed in his resu1e b" virtue of his e&perience and presti$e as a business1an

and not as an attorne"#at#la! !hose principal attention is focused on the la!. Even if it be ar$ued

that he !as actin$ as a la!"er !hen he lobbied in Con$ress for a$rarian and urban refor1, served in

the NMFRE and the Constitutional Co11ission to$ether !ith non#la!"ers li8e far1ers and

priests- and !as a 1e1ber of the Davide Co11ission, he has not proved that his activities in these

capacities e&tended over the prescribed (=#"ear period of actual practice of the la!. 3e is doubtless

e1inentl" 6ualified for 1an" other positions !orth" of his abundant talents but not as Chair1an of

the Co11ission on Elections.

I have 1uch ad1iration for respondent Monsod, no less than for Mr. @ustice Paras, but I 1ust

re$retfull" vote to $rant the petition.

GUTIERRE, JR., J., dissentin$0



hen this petition !as filed, there !as hope that en$a$in$ in the practice of la! as a 6ualification for

public office !ould be settled one !a" or another in fairl" definitive ter1s. nfortunatel", this !as not

the result.

Of the fourteen (>- 1e1ber Court, < are of the vie! that Mr. Christian Monsod en$a$ed in the

practice of la! !ith one of these < leavin$ his vote behind !hile on official leave but not e&pressin$

his clear stand on the 1atter-? > cate$oricall" statin$ that he did not practice la!? : votin$ in the

result because there !as no error so $ross as to a1ount to $rave abuse of discretion? one of official

leave !ith no instructions left behind on ho! he vie!ed the issue? and : not ta8in$ part in the

deliberations and the decision.

'here are t!o 8e" factors that 1a8e our tas8 difficult. First is our revie!in$ the !or8 of a

constitutional Co11ission on ppoint1ents !hose dut" is precisel" to loo8 into the 6ualifications of

persons appointed to hi$h office. Even if the Co11ission errs, !e have no po!er to set aside error.

e can loo8 onl" into $rave abuse of discretion or !hi1sicall" and arbitrariness. Second is our belief

that Mr. Monsod possesses superior 6ualifications in ter1s of e&ecutive abilit", proficienc" in

1ana$e1ent, educational bac8$round, e&perience in international ban8in$ and finance, and instant

reco$nition b" the public. 3is inte$rit" and co1petence are not 6uestioned b" the petitioner. hat is

before us is co1pliance !ith a specific re6uire1ent !ritten into the Constitution.

Inspite of 1" hi$h re$ard for Mr. Monsod, I cannot shir8 1" constitutional dut". 3e has never

en$a$ed in the practice of la! for even one "ear. 3e is a 1e1ber of the bar but to sa" that he has

practiced la! is stretchin$ the ter1 be"ond rational li1its.

person 1a" have passed the bar e&a1inations. "ut if he has not dedicated his life to the law, if he

has not en!a!ed in an actiity where )e)bership in the bar is a reuire)ent I fail to see ho! he can

clai1 to have been en$a$ed in the practice of la!.

En$a$in$ in the practice of la! is a 6ualification not onl" for COMEEC chair1an but also for

appoint1ent to the Supre1e Court and all lo!er courts. hat 8ind of @ud$es or @ustices !ill !ehave if there 1ain occupation is sellin$ real estate, 1ana$in$ a business corporation, servin$ in fact#

findin$ co11ittee, !or8in$ in 1edia, or operatin$ a far1 !ith no active involve1ent in the la!,

!hether in overn1ent or private practice, e&cept that in one 4o"ful 1o1ent in the distant past, the"

happened to pass the bar e&a1inationsH

'he Constitution uses the phrase 9en$a$ed in the practice of la! for at least ten "ears.9 'he

deliberate choice of !ords sho!s that the practice envisioned is active and re$ular, not isolated,

occasional, accidental, inter1ittent, incidental, seasonal, or e&te1poraneous. 'o be 9en$a$ed9 in an

activit" for ten "ears re6uires co11itted participation in so1ethin$ !hich is the result of one%s

decisive choice. It 1eans that one is occupied and involved in the enterprise? one is obli$ed or

pled$ed to carr" it out !ith intent and attention durin$ the ten#"ear period.

I a$ree !ith the petitioner that based on the bio#data sub1itted b" respondent Monsod to the

Co11ission on ppoint1ents, the latter has not been en$a$ed in the practice of la! for at least ten

"ears. In fact, if appears that Mr. Monsod has never practiced la! e&cept for an alle$ed one "ear

period after passin$ the bar e&a1inations !hen he !or8ed in his father%s la! fir1. Even then his la!

practice 1ust have been e&tre1el" li1ited because he !as also !or8in$ for M.. and Ph. D.

de$rees in Econo1ics at the niversit" of Penns"lvania durin$ that period. 3o! could he practice

la! in the nited States !hile not a 1e1ber of the 5ar thereH



'he professional life of the respondent follo!s0

(.(<.(. Respondent Monsod%s activities since his passin$ the 5ar e&a1inations in

();( consist of the follo!in$0

(. ();(#();70 M.. in Econo1ics Ph. D. candidate-, niversit" of Penns"lvania

:. ();7#()+=0 orld 5an8 roup J Econo1ist, Industr" Depart1ent? Operations,

atin 1erican Depart1ent? Division Chief, South sia and Middle East, International

Finance Corporation

7. ()+=#()+70 Meralco roup J E&ecutive of various co1panies, i.e., Meralco

Securities Corporation, Philippine Petroleu1 Corporation, Philippine Electric

Corporation

>. ()+7#()+;0 u4uico roup J President, Fil#Capital Develop1ent Corporation and

affiliated co1panies

<. ()+;#()+*0 Finaciera Manila J Chief E&ecutive Officer

;. ()+*#()*;0 uevent roup of Co1panies J Chief E&ecutive Officer

+. ()*;#()*+0 Philippine Constitutional Co11ission J Me1ber

*. ()*)#())(0 'he Fact#Findin$ Co11ission on the Dece1ber ()*) Coup tte1pt

J Me1ber

). Presentl"0 Chair1an of the 5oard and Chief E&ecutive Officer of the follo!in$

co1panies0

a. CE Container Philippines, Inc.

b. Dataprep, Philippines

c. Philippine SNs"ste1s Products, Inc.

d. Se1irara Coal Corporation

e. C5 'i1ber Corporation

Me1ber of the 5oard of the Follo!in$0

a. En$ineerin$ Construction Corporation of the Philippines

b. First Philippine Ener$" Corporation

c. First Philippine 3oldin$s Corporation



d. First Philippine Industrial Corporation

e. raphic telier

f. Manila Electric Co1pan"

$. Philippine Co11ercial Capital, Inc.

h. Philippine Electric Corporation

i. 'arlac Reforestation and Environ1ent Enterprises

4. 'olon$ 6uaculture Corporation

8. Visa"an 6uaculture Corporation

l. ui1aras 6uaculture Corporation Rollo, pp. :(#::-

'here is nothin$ in the above bio#data !hich even re1otel" indicates that respondent Monsod has

$iven the law enou$h attention or a certain de$ree of co11it1ent and participation as !ould support

in all sincerit" and candor the clai1 of havin$ en$a$ed in its practice for at least ten "ears. Instead of

!or8in$ as a la!"er, he has la!"ers !or8in$ for hi1. Instead of $ivin$ receivin$ that le$al advice of

le$al services, he !as the oneadvice and those services as an e&ecutive but not as a la!"er.

'he deliberations before the Co11ission on ppoint1ents sho! an effort to e6uate 9en$a$ed in the

practice of la!9 !ith the use of le$al 8no!led$e in various fields of endeavor such as co11erce,

industr", civic !or8, blue ribbon investi$ations, a$rarian refor1, etc. !here such 8no!led$e !ould be

helpful.

I re$ret that I cannot 4oin in pla"in$ fast and loose !ith a ter1, !hich even an ordinar" la"1an

accepts as havin$ a fa1iliar and custo1ar" !ell#defined 1eanin$. Ever" resident of this countr" !ho

has reached the a$e of discern1ent has to 8no!, follo!, or appl" the la! at various ti1es in his life.

e$al 8no!led$e is useful if not necessar" for the business e&ecutive, le$islator, 1a"or, baran$a"

captain, teacher, police1an, far1er, fisher1an, 1ar8et vendor, and student to na1e onl" a fe!. nd

"et, can these people honestl" assert that as such, the" are en$a$ed in the practice of la!H

'he Constitution re6uires havin$ been 9en$a$ed in the practice of la! for at least ten "ears.9 It is not

satisfied !ith havin$ been 9a 1e1ber of the Philippine bar for at least ten "ears.9

So1e 1erican courts have defined the practice of la!, as follo!s0

'he practice of la! involves not onl" appearance in court in connection !ith liti$ation

but also services rendered out of court, and it includes the $ivin$ of advice or the

renderin$ of an" services re6uirin$ the use of le$al s8ill or 8no!led$e, such as

preparin$ a !ill, contract or other instru1ent, the le$al effect of !hich, under the facts

and conditions involved, 1ust be carefull" deter1ined. (eople e' rel. Chica!o "ar

Ass$n . &in#off , 7)) Ill. :*:, ++ N.E.:d ;)7? (eople e' rel. +llinois State "ar Ass$n .

(eople$s Stoc# 3ards State "an# , 7>> Ill. >;:,(+; N.E. )=(, and cases cited.



It !ould be difficult, if not i1possible to la" do!n a for1ula or definition of !hat

constitutes the practice of la!. 9Practicin$ la!9 has been defined as 9Practicin$ as an

attorne" or counselor at la! accordin$ to the la!s and custo1s of our courts, is the

$ivin$ of advice or rendition of an" sort of service b" an" person, fir1 or corporation

!hen the $ivin$ of such advice or rendition of such service re6uires the use of an"

de$ree of le$al 8no!led$e or s8ill.9 ithout adoptin$ that definition, !e referred to it

as bein$ substantiall" correct in (eople e' rel. +llinois State "ar Ass$n . (eople$sStoc# 3ards State "an# , 7>> Ill. >;:,(+; N.E. )=(. People v. Schafer, *+ N.E. :d

++7, ++;-

For one%s actions to co1e !ithin the purvie! of practice of law the" should not onl" be activities

peculiar to the !or8 of a la!"er, the" should also be perfor1ed, habituall", fre6uentl" or custo1aril",

to !it0

&&& &&& &&&

Respondent%s ans!ers to 6uestions propounded to hi1 !ere rather evasive. 3e !as

as8ed !hether or not he ever prepared contracts for the parties in real#estatetransactions !here he !as not the procurin$ a$ent. 3e ans!ered0 9Ver" seldo1.9 In

ans!er to the 6uestion as to ho! 1an" ti1es he had prepared contracts for the

parties durin$ the t!ent"#one "ears of his business, he said0 9I have no Idea.9 hen

as8ed if it !ould be 1ore than half a do2en ti1es his ans!er !as I suppose. s8ed if

he did not recall 1a8in$ the state1ent to several parties that he had prepared

contracts in a lar$e nu1ber of instances, he ans!ered0 9I don%t recall e&actl" !hat

!as said.9 hen as8ed if he did not re1e1ber sa"in$ that he had 1ade a practice of

preparin$ deeds, 1ort$a$es and contracts and char$in$ a fee to the parties therefor

in instances !here he !as not the bro8er in the deal, he ans!ered0 9ell, I don%t

believe so, that is not a practice.9 Pressed further for an ans!er as to his practice in

preparin$ contracts and deeds for parties !here he !as not the bro8er, he finall"

ans!ered0 9I have done about ever"thin$ that is on the boo8s as far as real estate isconcerned.9

&&& &&& &&&

Respondent ta8es the position that because he is a real#estate bro8er he has a

la!ful ri$ht to do an" le$al !or8 in connection !ith real#estate transactions,

especiall" in dra!in$ of real#estate contracts, deeds, 1ort$a$es, notes and the li8e.

'here is no doubt but that he has en$a$ed in these practices over the "ears and has

char$ed for his services in that connection. ... People v. Schafer, *+ N.E. :d ++7-

&&& &&& &&&

... n attorne", in the 1ost $eneral sense, is a person desi$nated or e1plo"ed b"

another to act in his stead? an a$ent? 1ore especiall", one of a class of persons

authori2ed to appear and act for suitors or defendants in le$al proceedin$s. Strictl",

these professional persons are attorne"s at la!, and non#professional a$ents are

properl" st"led 9attorne"%s in fact?9 but the sin$le !ord is 1uch used as 1eanin$ an

attorne" at la!. person 1a" be an attorne" in facto for another, !ithout bein$ an

attorne" at la!. bb. a! Dict. 9ttorne".9 public attorne", or attorne" at la!, sa"s



ebster, is an officer of a court of la!, le$all" 6ualified to prosecute and defend

actions in such court on the retainer of clients. 9'he principal duties of an attorne"

are (- to be true to the court and to his client? :- to 1ana$e the business of his

client !ith care, s8ill, and inte$rit"? 7- to 8eep his client infor1ed as to the state of

his business? >- to 8eep his secrets confided to hi1 as such. ... 3is ri$hts are to be

4ustl" co1pensated for his services.9 5ouv. a! Dict. tit. 9ttorne".9 &he transitie

erb practice, as defined by 0ebster, )eans $to do or perfor) freuently,custo)arily, or habitually2 to perfor) by a succession of acts, as, to practice

!a)in!, ... to carry on in practice, or repeated action2 to apply, as a theory, to real

life2 to e'ercise, as a profession, trade, art. etc.2 as, to practice law or 1edicine,%

etc....9 State v. 5r"an, S.E. <::, <:7? E1phasis supplied-

In this 4urisdiction, !e have ruled that the practice of la! denotes fre6uenc" or a succession of acts.

'hus, !e stated in the case of People v. Villanueva (> SCR (=) A();<B-0

&&& &&& &&&

... Practice is 1ore than an isolated appearance, for it consists in fre6uent or custo1ar" actions, asuccession of acts of the sa1e 8ind. In other !ords, it is fre6uent habitual e&ercise State v. Cotner,

(:+, p. (, *+ an. *;>, >: R, M.S. +;*-. Practice of la! to fall !ithin the prohibition of statute has

been interpreted as custo1aril" or habituall" holdin$ one%s self out to the public, as a la!"er and

de1andin$ pa"1ent for such services. ... . at p. ((:-

It is to be noted that the Co11ission on ppoint1ent itself reco$ni2es habituality as a re6uired

co1ponent of the 1eanin$ of practice of la! in a Me1orandu1 prepared and issued b" it, to !it0

l. abituality . 'he ter1 %practice of la!% i1plies custo1aril"or habituall" holdin$ one%s

self out to the public as a la!"er People v. Villanueva, (> SCR (=) citin$ State v.

5r"an, > S.E. <::, )* N.C. ;>>- such as !hen one sends a circular announcin$ the

establish1ent of a la! office for the $eneral practice of la! .S. v. No" 5os6ue, *Phil. (>;-, or !hen one ta8es the oath of office as a la!"er before a notar" public,

and files a 1anifestation !ith the Supre1e Court infor1in$ it of his intention to

practice la! in all courts in the countr" People v. De una, (=: Phil. );*-.

Practice is 1ore than an isolated appearance, for it consists in fre6uent or custo1ar"

action, a succession of acts of the sa1e 8ind. In other !ords, it is a habitual e&ercise

People v. Villanueva, (> SCR ( =) citin$ State v. Cotner, ( :+, p. (, *+ an, *;>-.9

Rollo, p. ((<-

&&& &&& &&&

hile the career as a business1an of respondent Monsod 1a" have profited fro1 his le$al

8no!led$e, the use of such le$al 8no!led$e is incidental and consists of isolated activities !hich do

not fall under the deno1ination of practice of la!. d1ission to the practice of la! !as not re6uired

for 1e1bership in the Constitutional Co11ission or in the Fact#Findin$ Co11ission on the ()*)

Coup tte1pt. n" specific le$al activities !hich 1a" have been assi$ned to Mr. Monsod !hile a

1e1ber 1a" be li8ened to isolated transactions of forei$n corporations in the Philippines !hich do

not cate$ori2e the forei$n corporations as doin$ business in the Philippines. s in the practice of la!,

doin! business also should be active and continuous. Isolated business transactions or occasional,



incidental and casual transactions are not !ithin the conte&t of doin$ business. 'his !as our rulin$ in

the case of Anta) Consolidated, +nc. . Court of appeals, (>7 SCR :** A()*;B-.

Respondent Monsod, corporate e&ecutive, civic leader, and 1e1ber of the Constitutional

Co11ission 1a" possess the bac8$round, co1petence, inte$rit", and dedication, to 6ualif" for such

hi$h offices as President, Vice#President, Senator, Con$ress1an or overnor but the Constitution in

prescribin$ the specific 6ualification of havin$ en$a$ed in the practice of la! for at least ten (=-

"ears for the position of COMEEC Chair1an has ordered that he 1a" not be confir1ed for that

office. 'he Constitution char$es the public respondents no less than this Court to obe" its 1andate.

I, therefore, believe that the Co11ission on ppoint1ents co11itted $rave abuse of discretion in

confir1in$ the no1ination of respondent Monsod as Chair1an of the COMEEC.

I vote to RN' the petition.

"idin, J., dissent

oot#ote'

( ebster%s 7rd Ne! International Dictionar".

: (> SCR (=)

7 Co11ission on ppoint1ents% Me1orandu1 dated :< @une ())( RE0 3'

CONS'I''ES PRC'ICE OF , pp. ;#+.

> (> SCR (=).

Cayetano vs Monsod

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