Cayetano v Monsod; GR No. 100113; 03 Sep 1991; 201 SCRA 210

FACTS:
Monsod was nominated by then President Cory Aquino as chairman of the COMELEC. The Commission on Appointments confirmed the appointment despite Cayetano’s objection, based on Monsod’s alleged lack of the required qualification of 10-year law practice.

ISSUE(S):
Whether or not Monsod has been engaged in the practice of law for 10 years.

HELD:
YES. 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 proceedings, the management of such actions and proceedings on behalf of clients, and other works where the work done involves the determination of the trained legal mind of the legal effect of facts and conditions.

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Category: Legal Chyme

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