Cayetano vs.

Monsod
Facts:
Respondent Christian Monsod was nominated by President Corazon C. Aquino
to the position of chairman of the COMELEC. Petitioner opposed the nomination b
ecause allegedly Monsod does not posses required qualification of having been en
gaged in the practice of law for at least ten years.The 1987 constitution provid
es in Section 1, Article IX-C: There shall be a Commission on Elections composed
of a Chairman and six Commissioners who shall be natural-born citizens of the P
hilippines and, at the time of their appointment, at least thirty-five years of
age, holders of a college degree, and must not have been candidates for any elec
tive position in the immediately preceding elections. However, a majority thereo
f, including the Chairman, shall be members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.
Issue:
It is whether the respondent have the ten year practice of law requireme
nt for him to assume such office
Held:
In general, a practice of law requires a lawyer and client relationship,
it is whether in or out of court. The petitioners contention was found wrong be
cause since the respondents past work experience is an lawyer-economist, a lawye
r-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts,
and a lawyer-legislator of both rich and the poor verily more than satisfy the c
onstitutional requirement for the position of COMELEC chairman, The respondent h
as been engaged in the practice of law for at least ten years does In the view o
f the foregoing, the petition is DISMISSED.