Statutory Construction Disclaimer Any opinion, information or remark made on this site, including any response to queries or comments posted, should not be regarded as a complete and authoritative statement of the law. This site is only meant as a resource to aid students and researchers on their legal studies. This blog was started by the owner, Howard Chan, when he was still a law student. He passed the bar exams and was admitted to the bar on April 29,
His appointment was affirmed by the Commission on Appointments. Passed the bar in with a rating of Inhe returned to the Philippines and held executive jobs for various local corporations until Inhe became a member of the Constitutional Commission.
What constitutes practice of law? As noted by various authorities, the practice of law is not limited to court appearances.
The members of the bench and bar and the informed laymen such as businessmen, know that in most developed societies today, substantially more legal work is transacted in law offices than in the courtrooms.
General practitioners of law who do both litigation and non-litigation work also know that in most cases they find themselves spending more time doing what is loosely described as business counseling than in trying cases.
In the course of a working day the average general practitioner wig engage in a number of legal tasks, each involving different legal doctrines, legal skills, legal processes, legal institutions, clients, and other interested parties. Even the increasing numbers of lawyers in specialized practice wig usually perform at least some legal services outside their specialty.
By no means will most of this work involve litigation, unless the lawyer is one of the relatively rare types — a litigator who specializes in this work to the exclusion of much else.
Instead, the work will require the lawyer to have mastered the full range of traditional lawyer skills of client counseling, advice-giving, document drafting, and negotiation. Read full text Justice Padilla dissenting: Monsod did not practice law.
Ney Bosque, 8 Phil. De Luna, Phil. Practice is more than an isolated appearance for it consists in frequent or customary action, a succession of acts of the same kind.
In other words, it is a habitual exercise People v.
Practice of law implies that one must have presented himself to be in the active and continued practice of the legal profession and that his professional services are available to the public for compensation, as a service of his livelihood or in consideration of his said services.
Gilbert and Barket Mfg. Elwood Fitchette et al. Engaging in the practice of law presupposes the existence of lawyer-client relationship. Hence, where a lawyer undertakes an activity which requires knowledge of law but involves no attorney-client relationship, such as teaching law or writing law books or articles, he cannot be said to be engaged in the practice of his profession or a lawyer Agpalo, Legal Ethics, ed.
Monsod did not habitually practice law. It may be granted that he performed activities which are related to the practice of law like drafting legal documents and giving legal advice, but he only did so as isolated incidents.
The deliberate choice of words shows that the practice envisioned is active and regular, not isolated, occasional, accidental, intermittent, incidental, seasonal, or extemporaneous. It means that one is occupied and involved in the enterprise; one is obliged or pledged to carry it out with intent and attention during the ten-year period.
What kind of Judges or Justices will we have if their main occupation is selling real estate, managing a business corporation, serving in fact-finding committee, working in media, or operating a farm with no active involvement in the law, whether in Government or private practice, except that in one joyful moment in the distant past, they happened to pass the bar examinations?
Instead of working as a lawyer, he has lawyers working for him. Instead of giving receiving that legal advice of legal services, he was the one adviced and those services as an executive but not as a lawyer.RENATO CAYETANO, petitioner, vs.
CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Jan 05, · Cayetano v. Monsod G.R. No. , September 3, Facts: Respondent Christian Monsod was nominated by President Corazon C.
Aquino to the position of Chairman of the COMELEC in a letter received by the Secretariat of the Commission on Appointments on April 25, Petitioner opposed the nomination because allegedly Monsod does.
Renato Cayetano vs Christian Monsod Legal Ethics – Practice of Law In , Christian Monsod was appointed as the Chairman of the Commission on Elections.
His appointment was affirmed by the Commission on Appointments. Cayetano vs Monsod FACTS: Atty.
Christian Monsod was appointed as Chairman of the Commission of Elections. His appointment was contested by Atty.
Renato Cayetano citing that. Sep 12, · Cayetano vs. Monsod SCRA September Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of chairman of the COMELEC.
Jan 05, · Cayetano v. Monsod G.R. No. , September 3, Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of Chairman of the COMELEC in a letter received by the Secretariat of the Commission on Appointments on April 25, Petitioner opposed the nomination .