Readers Ebook Corner

29/08/2021

❗𝟭𝟰𝟵 𝗽𝗲𝘀𝗼𝘀, 𝘁𝗮𝗸𝗲 𝗮𝗹𝗹❗
❗𝟭𝟰𝟵 𝗽𝗲𝘀𝗼𝘀, 𝘁𝗮𝗸𝗲 𝗮𝗹𝗹❗
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28/08/2021

28/08/2021

Promo Promo Promo
LAW COLLECTION HANDBOOKS

28/08/2021

Topic: Practice of Law

"...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 before judges and courts, and in addition, conveying."

Cayetano v. Monsod
G. R. 100113
September 3, 1991

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, 1991. Petitioner Renato Cayetano opposed the nomination because allegedly Monsod does not possess the required qualification of having been engaged in the practice of law for at least ten years. Atty. Monsod has worked as a lawyer in the law office of his father (1960-1963); an operations officer with the World Bank Group (1963-1970); Chief Executive Officer of an investment bank (1970-1986); legal or economic consultant on various companies (1986); Secretary General of NAMFREL (1986); member of Constitutional Commission (1986-1987); National Chairman of NAMFREL (1987); and member of the quasi-judicial Davide Commission (1990).

On June 5, 1991, the Commission on Appointments confirmed the nomination of Monsod as Chairman of the COMELEC.On June 18, 1991, he took his oath of office. On the same day, he assumed office as Chairman of the COMELEC.Challenging the validity of the confirmation by the Commission on Appointments of Monsod’s nomination, petitioner as a citizen and taxpayer, filed the instant petition for certiorari and prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman of the Commission on Elections be declared null and void.

ISSUE:
Whether or not Monsod has been engaged in the practice of law for at least ten years.

RULING: YES.

Monsod possesses the required qualification for the position. The case of Philippine Lawyers Association v. Agrava stated that 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 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 a judicial body, the foreclosure of a mortgage, enforcement of a creditor’s claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment, and in matters of estate and guardianship have been held to constitute law practice, as do the preparation and drafting of legal instruments, where the work done involves the determination by the trained legal mind of the legal effect of facts and conditions.”

Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer- legislator of both the rich and the poor; verily more than satisfy the constitutional requirement; that he has been engaged in the practice of law for at least ten years.

28/08/2021

READ: The Supreme Court, in unanimous ruling in the case of Tan-Andal v. Andal (2021), says that psychological incapacity as a ground for declaration of nullity of marriage in Article 36 of the Family Code is a legal concept, not medical or personality disorder. Also, the testimony of psychologist or psychiatrist is not mandatory. | via Supreme Court PIO

28/08/2021

https://www.facebook.com/103457951213625/posts/353999402826144/

The Ateneo De Manila Law Alumni Association, Inc invites you to participate in our 8th Fr. Bernas E-Lecture Series

MOVING FORWARD WITH THE NEW BAR EXAMINATIONS

with Justice Marvic M.F.V Leonen
Associate Justice
Supreme Court of the Philippines

Hosted by Dean Marisol D.L. Anenias

On Thursday, 01 July 2021 at 2:00 p.m - 5:00 p.m. Additional 15mins allotted for Q&A.

To register kindly fill up the registration form.
https://docs.google.com/forms/d/e/1FAIpQLScwS6z8_gjPtQYGFUEMVGk53gq1dy9gijVN5gB-zWDDESmfRQ/viewform

The lecture will be broadcasted here in our page. Please be on standby 15 minutes before the lecture. Thank you.

28/08/2021

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