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    Cayetano Vs Monsod Sample2

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    Renato Cayetano opposed the appointment of Christian Monsod as chairman of COMELEC, arguing he did not meet the constitutional requirement of 10 years practicing law. However, the Supreme Court ruled that Monsod's past work experiences as a lawyer-economist, lawyer-manager, lawyer-entrepreneur, and lawyer-legislator satisfied the 10-year requirement. The Court also determined that the COMELEC did not abuse its discretion in implicitly finding that Monsod possessed the necessary qualifications. The practice of law is not limited to conducting cases in court, but also any activity requiring legal knowledge or skill.

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    Cayetano Vs Monsod Sample2

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    Renato Cayetano opposed the appointment of Christian Monsod as chairman of COMELEC, arguing he did not meet the constitutional requirement of 10 years practicing law. However, the Supreme Court ruled that Monsod's past work experiences as a lawyer-economist, lawyer-manager, lawyer-entrepreneur, and lawyer-legislator satisfied the 10-year requirement. The Court also determined that the COMELEC did not abuse its discretion in implicitly finding that Monsod possessed the necessary qualifications. The practice of law is not limited to conducting cases in court, but also any activity requiring legal knowledge or skill.

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    Cayetano vs Monsod Sample2

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    Renato Cayetano opposed the appointment of Christian Monsod as chairman of COMELEC, arguing he did not meet the constitutional requirement of 10 years practicing law. However, the Supreme Court ruled that Monsod's past work experiences as a lawyer-economist, lawyer-manager, lawyer-entrepreneur, and lawyer-legislator satisfied the 10-year requirement. The Court also determined that the COMELEC did not abuse its discretion in implicitly finding that Monsod possessed the necessary qualifications. The practice of law is not limited to conducting cases in court, but also any activity requiring legal knowledge or skill.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views2 pages

    Cayetano Vs Monsod Sample2

    Uploaded by

    jennyMB
    Renato Cayetano opposed the appointment of Christian Monsod as chairman of COMELEC, arguing he did not meet the constitutional requirement of 10 years practicing law. However, the Supreme Court ruled that Monsod's past work experiences as a lawyer-economist, lawyer-manager, lawyer-entrepreneur, and lawyer-legislator satisfied the 10-year requirement. The Court also determined that the COMELEC did not abuse its discretion in implicitly finding that Monsod possessed the necessary qualifications. The practice of law is not limited to conducting cases in court, but also any activity requiring legal knowledge or skill.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    of 2

    Cayetano vs.

    Monsod
    CASE DIGESTS, CASES, LEGAL ETHICS, LEGAL ETHICS CASES

    January 4th, 2013 | No Comments

    inShare

    RENATO

    L.

    CAYETANO

    vs.

    CHRISTIAN

    MONSOD

    September 3, 1991 | G.R. No. 100113 Facts: - President Corazon Aquino Appointed Christian Monsod as the chairman of COMELEC. - Renato Cayetano opposed the nomination because according to him, the respondent fall short The 1987 of the Constitution ten year in requirement Section 1 for (1), the Article position. IX-C: provides

    There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) June June 18, 5, 1991: 1991: Monsod COA took approved his oath the and appointment. assumed office.

    - Petitioner prayed for certiorari and prohibition against Monsod.

    Issue: Whether or not Monsod is engaged in the practice of law for more than ten years.

    Held: Atty. Monsods past work experiences as a lawyer-economist, a lawyer-manager, a lawyerentrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor verily more than satisfy the constitutional requirement that he has been engaged in the practice of law for at least ten years.

    The Commission on the basis of evidence submitted doling the public hearings on Monsods confirmation, implicitly determined that he possessed the necessary qualifications as required by law. The judgment rendered by the Commission in the exercise of such an acknowledged power is beyond judicial interference except only upon a clear showing of

    a grave abuse of discretion amounting to lack or excess of jurisdiction. (Art. VIII, Sec. 1 Constitution). Thus, only where such grave abuse of discretion is clearly shown shall the Court interfere with the Commissions judgment. In the instant case, there is no occasion for the exercise of the Courts corrective power, since no abuse, much less a grave abuse of discretion, that would amount to lack or excess of jurisdiction and would warrant the issuance of the writs prayed, for has been clearly shown.

    The practice of law is not limited to the conduct of cases in court.

    Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill.

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