Cayetano vs. Monsod

G.R. No. 100113     September 3, 1991

Renato Cayetano

vs.

Christian Monsod

Facts:

            Atty. Monsod was appointed by the President as Chairman of the Commission on Election, but his appointment was questioned due to lack of years of practice of law, as one of the basic requirements in the position, nevertheless, the C.A. still confirms his appointment, thus, Sen Cayetano, question the constitutionality of his appointment before the Supreme Court, Atty. Monsod, in his contention, he have been practicing law for ten (10) years, as lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator to verily satisfy the court.

Issue:

Whether or not the contention of Atty. Monsod is within the ambit of the of law.

Held:

Yes.     According to the Supreme Court, a practicing attorney does exacts knowledge of the law and is of a kind usual for attorneys engaging in the active practice of their profession, and he follows some one or more lines of employment such as this he is a practicing attorney at law within the meaning of the statute. (Barr v. Cardell, 155 NW 312)

    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."

Petition Denied.