B.

The Practice of Law

Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge,
training and experience. It is to give notice or render any kind of service, which device or service requires the use in any
degree of legal knowledge or skill. (Cayetano v. Monsod, 201 SCRA 210 (1991))1
o Padilla, Dissenting Practice of law means to exercise or pursue an employment or profession, actively, habitually,
repeatedly or customarily. There must be continuity or a succession of acts. Several factors enumerated by the Commission
on Appointments to determine practice of law:
(1) Habituality - customarily or frequently holding ones self out to the public as a lawyer...

Cayetano vs. Monsod

201 SCRA 210
September 1991
The Practice of Law
Facts:
Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of chairman of the COMELEC.
Petitioner opposed the nomination because allegedly Monsod does not posses required qualification of having been
engaged in the practice of law for at least ten years. The 1987 constitution provides 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
Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not
have been candidates for any elective position in the immediately preceding elections. However, a majority thereof,
including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least
ten years.
Issue:
Whether the respondent does not posses the required qualification of having engaged in the practice of law for at least ten
years.
Held:
In the case of Philippine Lawyers Association vs. Agrava, stated: The practice of law is not limited to the conduct of cases or
litigation in court; it embraces the preparation of pleadings and other papers incident to actions and special proceeding, the
management of such actions and proceedings on behalf of clients before judges and courts, and in addition, conveying. In
general, all advice to clients, and all action taken for them in matters connected with the law incorporation services,
assessment and condemnation services, contemplating an appearance before judicial body, the foreclosure of mortgage,
enforcement of a creditors claim in bankruptcy and insolvencyproceedings, and conducting proceedings in attachment,
and in matters of estate and guardianship have been held to constitute law practice. Practice of law means any activity, in
or out court, which requires the application of law, legal procedure, knowledge, training and experience.
The contention that Atty. Monsod does not posses the required qualification of having engaged in the practice of law for at
least ten years is incorrect since Atty. Monsods past work experience as a lawyer-economist, a lawyer-manager, a lawyerentrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both rich and the poor verily more
than satisfy the constitutional requirement for the position of COMELEC chairman, The respondent has been engaged in the
practice of law for at least ten years does In the view of the foregoing, the petition is DISMISSED.

Q: A criminal case was filed against Atty.Javellana which resulted to his arrest andtemporary detention at the house of
the clerk of court where his case was pending. Despite hisdetention, Atty. Javellana continues with hisnormal activities
including his practice of law, inappearing as counsel for certain cases.Can Atty. Javellana still engage in the practice
of law despite his arrest and detention?A:
As a detention prisoner, Javellana is notallowed to practice his profession as a necessaryconsequence of his status as a
detention prisoner.The trial court's order was clear that Javellana "isnot to be allowed liberty to roam around but is tobe
held as a detention prisoner." The prohibitionto practice law referred to all other cases, exceptin cases where Javellana
would appear in court todefend himself.
(Pro Se)
All prisoners whether under preventive detentionor serving final sentence can not practice theirprofession nor engage in
any business oroccupation, or hold office, elective or appointive,while in detention. This is a necessaryconsequence of
arrest and detention.(People v.Maceda, G.R. Nos. 89591-96, Jan. 24, 2000)