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 l,l-, .rticle /II#C of the ()+7 Constitution !hich
si1ilarl" provides0
'here shall be an independent Co11ission on Elections co1posed of a Chair1an and ei$ht
Co11issioners !ho shall be natural#born citi2ens of the Philippines and, at the ti1e of their
appoint1ent, at least thirt"#five "ears of a$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$es in the
practice of la! b" 1aintainin$ 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 $eneral, all adice to
clients, and all action ta8en for the1 in 1attersconnected with the law incorporation
services, assess1ent and conde1nation services conte1platin$ 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 of
i1portance 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 Cniversit" of the Philippines Da! 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. Eenerall", 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 ,((( .DR :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 PRESIDINE 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 C,A 0e hae
to interpret this to )ean that as lon! as the lawyers who are e)ployed in the C,A
are usin! their le!al #nowled!e or le!al talent in their respectie wor# within C,A,
then they are -ualified to be considered for appoint)ent as )e)bers or
co))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. OPDE. ill Co11issioner Fo2 "ield to 4ust one 6uestion.
MR. FOG. Ies, Mr. Presidin$ Officer.
MR. OPDE. +s he, in effect, sayin! that serice in the C,A by a
lawyer is e-uialent to the re-uire)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 C,A, 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 C,A 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. OPDE. Ies. So that the construction $iven to this is that this is
e6uivalent to the practice of la!.
MR. FOG. 3es, Mr. (residin! ,fficer.
MR. OPDE. &han# you.
... , E1phasis supplied-
Section (,(-, .rticle I/#D of the ()*+ Constitution, provides, a1on$ 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$e in private practice, it is still a fact that
the 1a4orit" of la!"ers are private practitioners. ,Ear" Munne8e, ,pportunities in Law Careers AVEM
Career 3ori2ons0 IllinoisB, A()*;B, p. (<-.
.t this point, it 1i$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$al services.9 ,+bid.-.
Da!"ers !ho practice alone are often called 9sole practitioners.9 Eroups of la!"ers are called
9fir1s.9 'he fir1 is usuall" a partnership and 1e1bers of the fir1 are the partners. So1e fir1s 1a"
be or$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$al !or8 is transacted in la! offices than in the
courtroo1s. Eeneral practitioners of la! !ho do both liti$ation and non#liti$ation !or8 also 8no! that
in 1ost cases the" find the1selves spendin$ 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$er" should be avoided !here internal 1edicine can be effective.9 ,"usiness Star,
9Corporate Finance Da!,9 @an. ((, ()*), p. >-.
In the course of a !or8in$ 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. Da!"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 function
acco1panied 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. Cnderstandabl", 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#variable
decisional conte&t and the various approaches for handlin$ such proble1s. Da!"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 Da!,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$al
affairs of a corporation. 3is areas of concern or 4urisdiction 1a" include, inter alia0
corporate le$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 the
or$arni2ation. 'his can be frustratin$ 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 Da! 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 $ood la!"er is one !ho perceives the difficulties,
and the e&cellent la!"er is one !ho sur1ounts the1.9 ,"usiness Star, 9Corporate
Finance Da!,9 @an. ((, ()*), p. >-.
'oda", the stud" of corporate la! practice direl" needs a 9shot in the ar1,9 so to
spea8. No lon$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 to
1a8e, 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 re-uire
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 Counsel
co1prises 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! techni-ues 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)i5e
the 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 a
1a4or 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 Star9, 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. Iet, 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 COMEDEC 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 COMEDEC. On @une (*, ())(, he too8 his oath of office. On the sa1e da", he
assu1ed office as Chair1an of the COMEDEC.
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$e of Da! ,C.P.- and havin$ hurdled the bar, Atty. Monsod wor#ed in
the law office of his father. Durin$ his stint in the orld 5an8 Eroup ,();7#()+=-, Monsod wor#ed as
an operations officer for about two years in Costa Rica and (ana)a, which inoled !ettin!
ac-uainted 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 subse-uently of a business
con!lo)erate, and since 9:=>, has rendered serices to arious co)panies as a le!al and
econo)ic consultant or chief e'ecutie officer. As for)er Secretary-General ?9:=>@ and 6ational
Chair)an ?9:=;@ of 6AM7REL. Monsod$s wor# inoled bein! #nowled!eable in election law. Ae
appeared for 6AM7REL in its accreditation hearin!s before the Co)elec. +n the field of adocacy,
Monsod, in his personal capacity and as for)er Co-Chair)an of the "ishops "usiness)en$s
Conference for Au)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 Aouse of Representatie. ?pp. 9C=-9C: 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. ,Euiller1o V. Soliven, 9Doan 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$ree1ent is li8e a countr"%s Constitution? it la"s do!n the
la! as far as the loan transaction is concerned. 'hus, the 1eat of an" Doan
.$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$nt". ,Condensed fro1 the !or8 paper, entitled 9anted0 Develop1ent
Da!"ers for Developin$ Nations,9 sub1itted b" D. Michael 3a$er, re$ional le$al
adviser of the Cnited States .$enc" for International Develop1ent, durin$ the
Session on Da! for the Develop1ent of Nations at the .bid4an orld Conference in
Ivor" Coast, sponsored b" the orld Peace 'hrou$h Da! Center on .u$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 $uidance of ade6uate
technical support personnel. ,See +nternational Law Aspects of the (hilippine
E'ternal %ebts, an unpublished dissertation, C.S.'. Eraduate School of Da!, ()*+, p.
7:(-. , E1phasis supplied-
. critical aspect of soverei$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 C.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 $enius and
serene 1aster".9 ,See Ricardo @. Ro1ulo, 9'he Role of Da!"ers in Forei$n
Invest1ents,9 Inte$rated 5ar of the Philippine @ournal, Vol. (<, Nos. 7 and >, 'hird
and Fourth Muarters, ()++, p. :;<-.
+nterpreted in the li!ht of the arious definitions of the ter) (ractice of law.. particularly the )odern
concept of law practice, and ta#in! into consideration the liberal construction intended by the
fra)ers of the Constitution, Atty. Monsod$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 re-uire)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 $round that there are others better 6ualified
!ho should have been preferred. &his is a political -uestion inolin! considerations
of wisdo) which only the appointin! authority can decide. ,e1phasis supplied-
No less e1phatic !as the Court in the case of ,Central "an# . Ciil Serice Co))ission, (+( SCR.
+>>- !here it stated0
It is !ell#settled that !hen the appointee is 6ualified, as in this case, and all the other
le$al re6uire1ents are satisfied, the Co11ission has no alternative but to attest to
the appoint1ent in accordance !ith the Civil Service Da!. 'he Co11ission has no
authorit" to revo8e an appoint1ent on the $round that another person is 1ore
6ualified for a particular position. It also has no authorit" to direct the appoint1ent of
a substitute of its choice. 'o do so !ould be an encroach)ent on the discretion
ested upon the appointin! authority. An appoint)ent is essentially within the
discretionary power of who)soeer it is ested, sub*ect to the only condition that the
appointee should possess the -ualifications re-uired by law. , E1phasis supplied-
'he appointin$ 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 of
confir1ation, the President issues the per1anent appoint1ent? and ,>- acceptance e.$., oath#ta8in$,
postin$ of bond, etc. . . . ,Lacson . Ro)ero, No. D#7=*(, October (>, ()>)? Eon2ales, Da! 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 $enerall" a habitual
la! practice, perhaps practised t!o or three ti1es a !ee8 and would outlaw sa", la!
practice once or t!ice a "ear for ten consecutive "ears. Clearl", this is far fro1 the
constitutional intent.
Cpon the other hand, the separate opinion of @ustice Isa$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 $rave abuse of discretion
a1ountin$ 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)edH 'he ans!er is li8e!ise clear.
,7- If the Cnited States Senate ,!hich is the confir1in$ bod" in the C.S. Con$ress-
decides to confir)a Presidential no1inee, it !ould be incredible that the C.S.
Supre1e Court !ould still reerse the C.S. Senate.
Finall", one si$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. Cpon
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-A-uino 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 DENI the petition.

PADI!!A, J., dissentin$0
'he records of this case !ill sho! that !hen the Court first deliberated on the Petition at bar, I voted
not onl" to re6uire the respondents to co11ent on the Petition, but I !as the sole vote for the
issuance of a te1porar" restrainin$ order to en4oin respondent Monsod fro1 assu1in$ the position
of COMEDEC 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
COMEDEC Chair1an.
.fter considerin$ carefull" respondent Monsod%s co11ent, I a1 even 1ore convinced that the
constitutional re6uire1ent of 9practice 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 COMEDEC, 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-. Muestions 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 COMEDEC 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$er, other than as head or attorne" of a De$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 fre-uent 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. (, *+ Nan. *;>, >: DR., 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
(. Aabituality. '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 $eneral practice of la! ,C.S. v.
Ne" 5os6ue, * Phil. (>;-, or !hen one ta8es the oath of office as a la!"er before a
notar" public, and files a 1anifestation !ith the Supre1e Court infor1in$ it of his
intention to practice la! in all courts in the countr" ,People v. De Duna, (=: 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. (, *+ Nan, *;>-.
:. 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 PaOo, 5ar Revie!er in De$al and
@udicial Ethics, ()** ed., p. * citin$ 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. Eilbert and 5ar8et Mf$. Co., :)= N.I.S. >;:- If co1pensation is
e&pected, all advice to clients and all action ta8en for the1 in 1atters connected !ith
the la!? are practicin$ la!. ,El!ood Fitchette et al., v. .rthur C. 'a"lor, )>.#D.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 ,.$palo, De$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 COMEDEC 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 3.5I'C.DDI FOR .'
DE.S' 'EN ,(=- IE.RS prior to his appoint1ent as COMEDEC Chair1anH
Eiven 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 AA"+&8ALL3 for at least ten ?9<@ years prior to his appoint1ent as COMEDEC 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$ed in the practice of la!, there 1ust be
a continuity, or a succession of acts. .s observed b" the Solicitor Eeneral in (eople s. Dillanuea0
/
Essentiall", the !ord private practice of la! i1plies that one 1ust have presented
hi1self to be in theactie and continued practice of the le!al profession and that his
professional services are available to the public for a co1pensation, as a source of
his livelihood or in consideration of his said services.
.CCORDINEDI, 1" vote is to ER.N' the petition and to declare respondent Monsod as not
6ualified for the position of COMEDEC Chair1an for not havin$ en$a$ed in the practice of la! for at
least ten ,(=- "ears prior to his appoint1ent to such position.
CRU0, 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 choosebet!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 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 N.MFRED 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.
GUTIERRE0, 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. Cnfortunatel", 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 re-uire)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 COMEDEC 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 Eovern1ent 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$rees in Econo1ics at the Cniversit" of Penns"lvania durin$ that period. 3o! could he practice
la! in the Cnited 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$0
(. ();(#();70 M... in Econo1ics ,Ph. D. candidate-, Cniversit" of Penns"lvania
:. ();7#()+=0 orld 5an8 Eroup J Econo1ist, Industr" Depart1ent? Operations,
Datin .1erican Depart1ent? Division Chief, South .sia and Middle East, International
Finance Corporation
7. ()+=#()+70 Meralco Eroup J E&ecutive of various co1panies, i.e., Meralco
Securities Corporation, Philippine Petroleu1 Corporation, Philippine Electric
Corporation
>. ()+7#()+;0 Iu4uico Eroup J President, Fil#Capital Develop1ent Corporation and
affiliated co1panies
<. ()+;#()+*0 Finaciera Manila J Chief E&ecutive Officer
;. ()+*#()*;0 Euevent Eroup of Co1panies J Chief E&ecutive Officer
+. ()*;#()*+0 Philippine Constitutional Co11ission J Me1ber
*. ()*)#())(0 'he Fact#Findin$ 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 SCNs"ste1s Products, Inc.
d. Se1irara Coal Corporation
e. C5D '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. Eraphic .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. Eui1aras .6uaculture Corporation ,Rollo, pp. :(#::-
'here is nothin$ in the above bio#data !hich even re1otel" indicates that respondent Monsod has
$iven the lawenou$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.
De$al 8no!led$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$n . (eople$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. Da! Dict. 9.ttorne".9 . public attorne", or attorne" at la!, sa"s
ebster, is an officer of a court of la!, le$all" 6ualified to prosecute and defend
actions in such court on the retainerof clients. 9'he principal duties of an attorne" are
,(- to be true to the court and to his client? ,:- to 1ana$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. Da! Dict. tit. 9.ttorne".9 &he transitie
erb .practice,. as defined by 0ebster, )eans $to do or perfor) fre-uently,
custo)arily, or habitually2 to perfor) by a succession of acts, as, to practice
!a)in!, ... to carry on in practice, or repeated action2 to apply, as a theory, to real
life2 to e'ercise, as a profession, trade, art. etc.2 as, to practice law or 1edicine,%
etc....9 ,State v. 5r"an, S.E. <::, <:7? E1phasis supplied-
In this 4urisdiction, !e have ruled that the practice of la! denotes fre6uenc" or a succession of acts.
'hus, !e stated in the case of People v. Villanueva ,(> SCR. (=) A();<B-0
&&& &&& &&&
... Practice is 1ore than an isolated appearance, for it consists in fre6uent or custo1ar" actions, a
succession of acts of the sa1e 8ind. In other !ords, it is fre6uent habitual e&ercise ,State v. Cotner,
(:+, p. (, *+ Nan. *;>, >: DR., M.S. +;*-. Practice of la! to fall !ithin the prohibition of statute has
been interpreted as custo1aril" or habituall" holdin$ 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. Aabituality. '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 $eneral practice of la! ,C.S. v. No" 5os6ue, *
Phil. (>;-, or !hen one ta8es the oath of office as a la!"er before a notar" public,
and files a 1anifestation !ith the Supre1e Court infor1in$ it of his intention to
practice la! in all courts in the countr" ,People v. De Duna, (=: 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. (, *+ Nan, *;>-.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 Eovernor 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 COMEDEC 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 COMEDEC.
I vote to ER.N' the petition.
"idin, J., dissent

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 DENI the petition.
Melencio-Aerrera, J., concur.
PADI!!A, J., dissentin$0
'he records of this case !ill sho! that !hen the Court first deliberated on the Petition at bar, I voted
not onl" to re6uire the respondents to co11ent on the Petition, but I !as the sole vote for the
issuance of a te1porar" restrainin$ order to en4oin respondent Monsod fro1 assu1in$ the position
of COMEDEC 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
COMEDEC Chair1an.
.fter considerin$ carefull" respondent Monsod%s co11ent, I a1 even 1ore convinced that the
constitutional re6uire1ent of 9practice 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 COMEDEC, 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-. Muestions 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 COMEDEC 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$er, other than as head or attorne" of a De$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 fre-uent 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. (, *+ Nan. *;>, >: DR., 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
(. Aabituality. '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 $eneral practice of la! ,C.S. v.
Ne" 5os6ue, * Phil. (>;-, or !hen one ta8es the oath of office as a la!"er before a
notar" public, and files a 1anifestation !ith the Supre1e Court infor1in$ it of his
intention to practice la! in all courts in the countr" ,People v. De Duna, (=: 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. (, *+ Nan, *;>-.
:. 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 PaOo, 5ar Revie!er in De$al and
@udicial Ethics, ()** ed., p. * citin$ 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. Eilbert and 5ar8et Mf$. Co., :)= N.I.S. >;:- If co1pensation is
e&pected, all advice to clients and all action ta8en for the1 in 1atters connected !ith
the la!? are practicin$ la!. ,El!ood Fitchette et al., v. .rthur C. 'a"lor, )>.#D.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 ,.$palo, De$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 COMEDEC 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 3.5I'C.DDI FOR .'
DE.S' 'EN ,(=- IE.RS prior to his appoint1ent as COMEDEC Chair1anH
Eiven 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 AA"+&8ALL3 for at least ten ?9<@ years prior to his appoint1ent as COMEDEC 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$ed in the practice of la!, there 1ust be
a continuity, or a succession of acts. .s observed b" the Solicitor Eeneral in (eople s. Dillanuea0
/
Essentiall", the !ord private practice of la! i1plies that one 1ust have presented
hi1self to be in theactie and continued practice of the le!al profession and that his
professional services are available to the public for a co1pensation, as a source of
his livelihood or in consideration of his said services.
.CCORDINEDI, 1" vote is to ER.N' the petition and to declare respondent Monsod as not
6ualified for the position of COMEDEC Chair1an for not havin$ en$a$ed in the practice of la! for at
least ten ,(=- "ears prior to his appoint1ent to such position.
CRU0, 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 choosebet!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 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 N.MFRED 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.
GUTIERRE0, 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. Cnfortunatel", 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 re-uire)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 COMEDEC 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 Eovern1ent 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$rees in Econo1ics at the Cniversit" of Penns"lvania durin$ that period. 3o! could he practice
la! in the Cnited 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$0
(. ();(#();70 M... in Econo1ics ,Ph. D. candidate-, Cniversit" of Penns"lvania
:. ();7#()+=0 orld 5an8 Eroup J Econo1ist, Industr" Depart1ent? Operations,
Datin .1erican Depart1ent? Division Chief, South .sia and Middle East, International
Finance Corporation
7. ()+=#()+70 Meralco Eroup J E&ecutive of various co1panies, i.e., Meralco
Securities Corporation, Philippine Petroleu1 Corporation, Philippine Electric
Corporation
>. ()+7#()+;0 Iu4uico Eroup J President, Fil#Capital Develop1ent Corporation and
affiliated co1panies
<. ()+;#()+*0 Finaciera Manila J Chief E&ecutive Officer
;. ()+*#()*;0 Euevent Eroup of Co1panies J Chief E&ecutive Officer
+. ()*;#()*+0 Philippine Constitutional Co11ission J Me1ber
*. ()*)#())(0 'he Fact#Findin$ 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 SCNs"ste1s Products, Inc.
d. Se1irara Coal Corporation
e. C5D '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. Eraphic .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. Eui1aras .6uaculture Corporation ,Rollo, pp. :(#::-
'here is nothin$ in the above bio#data !hich even re1otel" indicates that respondent Monsod has
$iven the lawenou$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.
De$al 8no!led$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$n . (eople$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. Da! Dict. 9.ttorne".9 . public attorne", or attorne" at la!, sa"s
ebster, is an officer of a court of la!, le$all" 6ualified to prosecute and defend
actions in such court on the retainerof clients. 9'he principal duties of an attorne" are
,(- to be true to the court and to his client? ,:- to 1ana$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. Da! Dict. tit. 9.ttorne".9 &he transitie
erb .practice,. as defined by 0ebster, )eans $to do or perfor) fre-uently,
custo)arily, or habitually2 to perfor) by a succession of acts, as, to practice
!a)in!, ... to carry on in practice, or repeated action2 to apply, as a theory, to real
life2 to e'ercise, as a profession, trade, art. etc.2 as, to practice law or 1edicine,%
etc....9 ,State v. 5r"an, S.E. <::, <:7? E1phasis supplied-
In this 4urisdiction, !e have ruled that the practice of la! denotes fre6uenc" or a succession of acts.
'hus, !e stated in the case of People v. Villanueva ,(> SCR. (=) A();<B-0
&&& &&& &&&
... Practice is 1ore than an isolated appearance, for it consists in fre6uent or custo1ar" actions, a
succession of acts of the sa1e 8ind. In other !ords, it is fre6uent habitual e&ercise ,State v. Cotner,
(:+, p. (, *+ Nan. *;>, >: DR., M.S. +;*-. Practice of la! to fall !ithin the prohibition of statute has
been interpreted as custo1aril" or habituall" holdin$ 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. Aabituality. '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 $eneral practice of la! ,C.S. v. No" 5os6ue, *
Phil. (>;-, or !hen one ta8es the oath of office as a la!"er before a notar" public,
and files a 1anifestation !ith the Supre1e Court infor1in$ it of his intention to
practice la! in all courts in the countr" ,People v. De Duna, (=: 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. (, *+ Nan, *;>-.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 Eovernor 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 COMEDEC 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 COMEDEC.
I vote to ER.N' the petition.
"idin, J., dissent
1oot#ote'
( ebster%s 7rd Ne! International Dictionar".
: (> SCR. (=)
7 Co11ission on .ppoint1ents% Me1orandu1 dated :< @une ())( RE0 3.'
CONS'I'C'ES PR.C'ICE OF D., pp. ;#+.
> (> SCR. (=).
'he Da!phil Pro4ect # .rellano Da! Foundation