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    RC Case Digest - Cayetano Vs Monsod

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    Roanne Cruz
    1. Renato Cayetano opposed the nomination of Christian Monsod as Chairman of COMELEC because Monsod allegedly did not meet the 10-year practice of law requirement. 2. Monsod's credentials included being a member of the Philippine Bar since 1960, working in various legal and economic consulting roles since 1963, and engaging in election law and legislative work. 3. The Supreme Court ruled that the practice of law is not limited to litigation and includes various legal advisory roles, and that Monsod's experience satisfied the 10-year requirement. The petition was dismissed and Monsod was allowed to serve as COMELEC Chairman.

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    RC Case Digest - Cayetano Vs Monsod

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    Roanne Cruz
    3K views2 pages
    1. Renato Cayetano opposed the nomination of Christian Monsod as Chairman of COMELEC because Monsod allegedly did not meet the 10-year practice of law requirement. 2. Monsod's credentials included being a member of the Philippine Bar since 1960, working in various legal and economic consulting roles since 1963, and engaging in election law and legislative work. 3. The Supreme Court ruled that the practice of law is not limited to litigation and includes various legal advisory roles, and that Monsod's experience satisfied the 10-year requirement. The petition was dismissed and Monsod was allowed to serve as COMELEC Chairman.

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    Case Digest: Cayetano vs Monsod, 201 SCRA 210

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    RC Case Digest - Cayetano vs Monsod

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    1. Renato Cayetano opposed the nomination of Christian Monsod as Chairman of COMELEC because Monsod allegedly did not meet the 10-year practice of law requirement. 2. Monsod's credentials included being a member of the Philippine Bar since 1960, working in various legal and economic consulting roles since 1963, and engaging in election law and legislative work. 3. The Supreme Court ruled that the practice of law is not limited to litigation and includes various legal advisory roles, and that Monsod's experience satisfied the 10-year requirement. The petition was dismissed and Monsod was allowed to serve as COMELEC Chairman.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views2 pages

    RC Case Digest - Cayetano Vs Monsod

    Uploaded by

    Roanne Cruz
    1. Renato Cayetano opposed the nomination of Christian Monsod as Chairman of COMELEC because Monsod allegedly did not meet the 10-year practice of law requirement. 2. Monsod's credentials included being a member of the Philippine Bar since 1960, working in various legal and economic consulting roles since 1963, and engaging in election law and legislative work. 3. The Supreme Court ruled that the practice of law is not limited to litigation and includes various legal advisory roles, and that Monsod's experience satisfied the 10-year requirement. The petition was dismissed and Monsod was allowed to serve as COMELEC Chairman.

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    Cruz, Rose Anne C.

    2020 – 105945
    Introduction to Law

    Case Digest: Cayetano vs Monsod, 201 SCRA 210


    FACTS:

     April 25, 1991 - Respondent Christian Monsod was nominated by President Corazon C.
    Aquino to the position of Chairman of the COMELEC
     Petitioner, Renato Cayetano, opposed the nomination because allegedly Monsod does
    not possess the required qualification of having been engaged in the practice of law for
    at least ten years.
     June 5, 1991 - Commission on Appointments confirmed the nomination of Monsod as
    Chairman of the COMELEC
     June 18, 1991 – Monsod took his oath of office and assumed the role as Chairman of
    the COMELEC.
     Atty. Christian Monsod’s credentials:
    o member of the Philippine Bar, passed the bar examinations of 1960
    o member of the Integrated Bar of the Philippines since its inception in 1972-73
    o 1963 – 1970 - Operations Officer for World Bank Group and was acquainted with
    the laws of member-countries negotiating loans and coordinating legal,
    economic, and project work of the Bank
    o Since 1970 – worked with Meralco Group, as chief executive officer of an
    investment bank, and of a business conglomerate
    o Since 1986 – rendered services as legal and economic consultant or chief
    executive officer of various companies
    o 1986 – Secretary General
    o 1987 – National Chairman of NAMFREL which required extensive knowledge of
    election law as he appeared for NAMFREL in its accreditation hearings before
    the Comelec
    o Co-Chairman of the Bishops Businessmen's Conference for Human
    Development wherein he participated in initiating, lobbying for and engaging in
    affirmative action for the agrarian reform law and lately the urban land reform bill
    o member of the Davide Commission, a quasi-judicial body
    o 1986-1987 – member of the Constitutional Commission as Chairman of its
    Committee on Accountability of Public Officers
    ISSUE:
    Whether or not the respondent possesses the required qualification to be a COMELEC
    Chairman or Commissioner of having engaged in the practice of law for at least ten years, as
    stated in Section 1 (1), Article IX-C of the 1987 Constitution.
    RULING:
    In the case of Philippine Lawyers Association v.Agrava, (105 Phil. 173,176-177) it states that:
    ”The practice of law is not limited to the conduct of cases or litigation in court.” In general, all
    advice to clients, and all action taken for them in matters connected with the law have been held
    to constitute law practice.
    Atty. Monsod may not be engaged in practice of law through litigation but he has been deemed
    to be practicing law though various responsibilities such as a lawyer-economist, a lawyer-
    manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-
    legislator of both the rich and the poor. These satisfies the constitutional requirement of
    engaging in the practice of law for at least ten years.
    In view of the foregoing, the petition filed by Renato Cayetano is hereby DISMISSED and Atty.
    Christian Monsod should be allowed to perform as the Chairman of the COMELEC.

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